S-3118.1                   _______________________________________________

 

                                            SUBSTITUTE SENATE BILL 5962

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By Senate Committee on Transportation (originally sponsored by Senator Vognild; by request of Governor Lowry)

 

Read first time 04/05/93.

 

Implementing the transportation and economic development act of 1993.


          AN ACT Relating to transportation funding; amending RCW 46.16.070, 46.16.160, 46.44.0941, 46.44.095, 46.44.096, 46.68.035, 82.36.025, 82.36.415, 46.16.060, 46.20.117, 46.20.161, 46.20.181, 46.68.041, 46.20.120, 46.20.130, 46.20.505, and 46.20.515; reenacting and amending RCW 46.44.041; adding a new section to chapter 47.05 RCW; adding new sections to chapter 46.68 RCW; creating new sections; repealing RCW 46.44.160; repealing 1987 c 175 s 1 and 1980 c 166 s 5 (uncodified); providing effective dates; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

                                                     PART 1.  FUNDING

 

        Sec. 101.  RCW 46.16.070 and 1990 c 42 s 105 are each amended to read as follows:

          (1) In lieu of all other vehicle licensing fees, unless specifically exempt, and in addition to the excise tax prescribed in chapter 82.44 RCW and the mileage fees prescribed for buses and stages in RCW 46.16.125, there shall be paid and collected annually for each motor truck, truck tractor, road tractor, tractor, bus, auto stage, or for hire vehicle with seating capacity of more than six, based upon the declared combined gross weight or declared gross weight thereof pursuant to the provisions of chapter 46.44 RCW, the following licensing fees by such gross weight:

 

           4,000 lbs. ................................$  ((37.00)) 44.00

           6,000 lbs. ................................$  ((44.00)) 53.00

           8,000 lbs. ................................$  ((55.00)) 66.00

          10,000 lbs. ................................$  ((62.00)) 74.00

          12,000 lbs. ................................$  ((72.00)) 86.00

          14,000 lbs. ................................$  ((82.00)) 98.00

          16,000 lbs. ................................$  ((92.00)) 110.00

          18,000 lbs. ................................$ ((137.00)) 164.00

          20,000 lbs. ................................$ ((152.00)) 182.00

          22,000 lbs. ................................$ ((164.00)) 197.00

          24,000 lbs. ................................$ ((177.00)) 212.00

          26,000 lbs. ................................$ ((187.00)) 224.00

          28,000 lbs. ................................$ ((220.00)) 264.00

          30,000 lbs. ................................$ ((253.00)) 304.00

          32,000 lbs. ................................$ ((304.00)) 365.00

          34,000 lbs. ................................$ ((323.00)) 388.00

          36,000 lbs. ................................$ ((350.00)) 420.00

          38,000 lbs. ................................$ ((384.00)) 461.00

          40,000 lbs. ................................$ ((439.00)) 527.00

          42,000 lbs. ................................$ ((456.00)) 547.00

          44,000 lbs. ................................$ ((466.00)) 559.00

          46,000 lbs. ................................$ ((501.00)) 601.00

          48,000 lbs. ................................$ ((522.00)) 626.00

          50,000 lbs. ................................$ ((566.00)) 679.00

          52,000 lbs. ................................$ ((595.00)) 714.00

          54,000 lbs. ................................$ ((642.00)) 770.00

          56,000 lbs. ................................$ ((677.00)) 812.00

          58,000 lbs. ................................$ ((704.00)) 845.00

          60,000 lbs. ................................$ ((750.00)) 900.00

          62,000 lbs. ................................$ ((804.00)) 965.00

          64,000 lbs. ................................$ ((822.00)) 986.00

          66,000 lbs. ................................$ ((915.00)) 1,098.00

          68,000 lbs. ................................$ ((954.00)) 1,145.00

          70,000 lbs. ................................$((1,027.00)) 1,232.00

          72,000 lbs. ................................$((1,098.00)) 1,318.00

          74,000 lbs. ................................$((1,193.00)) 1,432.00

          76,000 lbs. ................................$((1,289.00)) 1,547.00

          78,000 lbs. ................................$((1,407.00)) 1,688.00

          80,000 lbs. ................................$((1,518.00)) 1,822.00

          82,000 lbs. ................................$ 1,948.00

          84,000 lbs. ................................$ 2,074.00

          86,000 lbs. ................................$ 2,200.00

          88,000 lbs. ................................$ 2,326.00

          90,000 lbs. ................................$ 2,452.00

          92,000 lbs. ................................$ 2,578.00

          94,000 lbs. ................................$ 2,704.00

          96,000 lbs. ................................$ 2,830.00

          98,000 lbs. ................................$ 2,956.00

          100,000 lbs. ...............................$ 3,082.00

          102,000 lbs. ...............................$ 3,208.00

          104,000 lbs. ...............................$ 3,334.00

          105,500 lbs. ...............................$ 3,460.00

          Every motor truck, truck tractor, and tractor exceeding 6,000 pounds empty scale weight registered under chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not less than one hundred fifty percent of its empty weight unless the amount would be in excess of the legal limits prescribed for such a vehicle in RCW 46.44.041 or 46.44.042, in which event the vehicle shall be licensed for the maximum weight authorized for such a vehicle.

          The following provisions apply when increasing gross or combined gross weight for a vehicle licensed under this section:

          (a) The new license fee will be one- twelfth of the fee listed above for the new gross weight, multiplied by the number of months remaining in the period for which licensing fees have been paid, including the month in which the new gross weight is effective.

          (b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced by the amount of the licensing fees previously paid for the same period for which new fees are being charged.

          (2) The proceeds from the fees collected under subsection (1) of this section shall be distributed in accordance with RCW 46.68.035.

 

        Sec. 102.  RCW 46.16.160 and 1987 c 244 s 6 are each amended to read as follows:

          (1) The owner of a vehicle which under reciprocal relations with another jurisdiction would be required to obtain a license registration in this state or an unlicensed vehicle which would be required to obtain a license registration for operation on public highways of this state may, as an alternative to such license registration, secure and operate such vehicle under authority of a trip permit issued by this state in lieu of a Washington certificate of license registration, and licensed gross weight if applicable.  The licensed gross weight may not exceed eighty thousand pounds for a combination of vehicles nor forty thousand pounds for a single unit vehicle with three or more axles.  Trip permits may also be issued for movement of mobile homes pursuant to RCW 46.44.170.  For the purpose of this section, a vehicle is considered unlicensed if the licensed gross weight currently in effect for the vehicle or combination of vehicles is not adequate for the load being carried.  Vehicles registered under RCW 46.16.135 shall not be operated under authority of trip permits in lieu of further registration within the same registration year.

          (2) Each trip permit shall authorize the operation of a single vehicle at the maximum legal weight limit for such vehicle for a period of three consecutive days commencing with the day of first use.  No more than three such permits may be used for any one vehicle in any period of thirty consecutive days.  Every permit shall identify, as the department may require, the vehicle for which it is issued and shall be completed in its entirety and signed by the operator before operation of the vehicle on the public highways of this state.  Correction of data on the permit such as dates, license number, or vehicle identification number invalidates the permit.  The trip permit shall be displayed on the vehicle to which it is issued as prescribed by the department.

          (3) Vehicles operating under authority of trip permits are subject to all laws, rules, and regulations affecting the operation of like vehicles in this state.

          (4) Prorate operators operating commercial vehicles on trip permits in Washington shall retain the customer copy of such permit for four years.

          (5) ((Blank)) Trip permits may be obtained from field offices of the department of transportation, Washington state patrol, department of licensing, or other agents appointed by the department.  For each permit issued, there shall be collected a filing fee as provided by RCW 46.01.140, an administrative fee of eight dollars, and an excise tax of one dollar.  If the filing fee amount of one dollar prescribed by RCW 46.01.140 is increased or decreased after January 1, 1981, the administrative fee shall be adjusted to compensate for such change to insure that the total amount collected for the filing fee, administrative fee, and excise tax remain at ten dollars.  These fees and taxes are in lieu of all other vehicle license fees and taxes.  No exchange, credits, or refunds may be given for trip permits after they have been purchased.

          (6) The department may appoint county auditors or businesses as agents for the purpose of selling trip permits to the public.  County auditors or businesses so appointed may retain the filing fee collected for each trip permit to defray expenses incurred in handling and selling the permits.

          (7) A violation of or a failure to comply with any provision of this section is a gross misdemeanor.

          (8) The department of licensing may adopt rules as it deems necessary to administer this section.

          (9) All administrative fees and excise taxes collected under the provisions of this chapter shall be forwarded by the department with proper identifying detailed report to the state treasurer who shall deposit the administrative fees to the credit of the motor vehicle fund and the excise taxes to the credit of the general fund.  Filing fees will be forwarded and reported to the state treasurer by the department as prescribed in RCW 46.01.140.

 

        Sec. 103.  RCW 46.44.041 and 1988 c 229 s 1 and 1988 c 6 s 2 are each reenacted and amended to read as follows:

          No vehicle or combination of vehicles shall operate upon the public highways of this state with a gross load on any single axle in excess of twenty thousand pounds, or upon any group of axles in excess of that set forth in the following table, except that two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each, if the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more.

 

            Dis-

            tance

           in feet                                               Maximum load in pounds

           between                                              carried on any group of 2

           the ex-                                               or more consecutive axles

            tremes

            of any

            group

            of 2

           or more

           consecu-  _____________________________________________________

            tive

                                  2      3     4      5      6      7      8      9

          axles             axles  axles  axles  axles  axles  axles  axles  axles

 

            4              34,000

            5              34,000

            6              34,000

            7              34,000

            8              34,000 42,000

            9              39,000 42,500

           10             40,000 43,500

           11                           44,000

           12                           45,000 50,000

           13                           45,500 50,500

           14                           46,500 51,500

           15                           47,000 52,000

           16                           48,000 52,500 ((52,500))

                                                                            58,000

           17                           48,500 53,500 ((53,500))

                                                                            58,500

           18                           49,500 54,000 ((54,000))

                                                                            59,000

           19                           50,000 54,500 ((54,500))

                                                                            60,000

           20                           51,000 55,500 ((55,500))

                                                                            60,500 66,000

           21                           51,500 56,000 ((56,000))

                                                                            61,000 66,500

           22                           52,500 56,500 ((56,500))

                                                                            61,500 67,000

           23                           53,000 57,500 ((57,500))

                                                                            62,500 68,000

           24                           54,000 58,000 ((58,000))

                                                                            63,000 68,500  74,000

           25                           54,500 58,500 ((58,500))

                                                                            63,500 69,000  74,500

           26                           55,500 59,500 ((59,500))

                                                                            64,000 69,500  75,000

           27                           56,000 60,000 ((60,000))

                                                                            65,000 70,000  75,500

           28                           57,000 60,500 ((61,000 61,000))

                                                                            65,500 71,000  76,500  82,000

           29                           57,500 61,500 ((62,000 62,000))

                                                                            66,000 71,500  77,000  82,500

           30                           58,500 62,000 ((63,000 63,000))

                                                                            66,500 72,000  77,500  83,000

           31                           59,000 62,500 ((64,000 64,500))

                                                                            67,500 72,500  78,000  83,500

           32                           60,000 63,500 ((65,000 65,000))

                                                                            68,000 73,000  78,500  84,500  90,000

           33                                         64,000 ((66,000 66,000))

                                                                            68,500 74,000  79,000  85,000  90,500

           34                                         64,500 ((67,000 67,000))

                                                                            69,000 74,500  80,000  85,500  91,000

           35                                         65,500 ((68,000 68,000))

                                                                            70,000 75,000  80,500  86,000  91,500

           36                                         66,000 ((69,500 69,500))

                                                                            70,500 75,500  81,000  86,500  92,000

           37                                         66,500 ((70,500 70,500))

                                                                            71,000 76,000  81,500  87,000  93,000

           38                                         67,500 ((72,000 72,000))

                                                                            71,500 77,000  82,000  87,500  93,500

           39                                         68,000 72,500 ((72,500))

                                                                                          77,000  82,500  88,500  94,000

           40                                         68,500 73,000 ((73,000))

                                                                                          78,000  83,500  89,000  94,500

           41                                         69,500 73,500 ((73,500))

                                                                                          78,500  84,000  89,500  95,000

           42                                         70,000 74,000 ((74,000))

                                                                                          79,000  84,500  90,000  95,500

           43                                         70,500 75,000 ((75,000))

                                                                                          80,000  85,000  90,500  96,000

           44                                         71,500 75,500 ((75,500))

                                                                                          80,500  85,500  91,000  96,500

           45                                         72,000 76,000 ((76,000))

                                                                                          81,000  86,000  91,500  97,500

           46                                         72,500 76,500 ((80,000  80,000))

                                                                                          81,500  87,000  92,500  98,000

           47                                         73,500 ((77,000 81,000  81,000))

                                                                            77,500 82,000  87,500  93,000  98,500

           48                                         74,000 78,000 ((82,000  82,000))

                                                                                          83,000  88,000  93,500  99,000

           49                                         74,500 78,500 ((83,000  83,000))

                                                                                          83,500  88,500  94,000  99,500

           50                                         75,500 79,000 84,000  ((84,000))

                                                                                                                89,000  94,500 100,000

           51                                         76,000 80,000 84,500  ((85,000))

                                                                                                                89,500  95,000 100,500

           52                                         76,500 80,500 85,000  ((86,000))

                                                                                                                90,500  95,500 101,000

           53                                         77,500 81,000 86,000  ((87,000))

                                                                                                                91,000  96,500 102,000

           54                                         78,000 81,500 86,500

                                                                                                       ((88,000  91,000  91,000))

                                                                                                                91,500  97,000 102,500

           55                                         78,500 82,500 87,000

                                                                                                       ((89,000  92,000  92,000))

                                                                                                                92,000  97,500 103,000

           56                                         79,500 83,000 87,500

                                                                                                       ((90,000  93,000  93,000))

                                                                                                                92,500  98,000 103,500

           57                                         80,000 83,500 88,000

                                                                                                       ((91,000  94,000  94,000))

                                                                                                                93,000  98,500 104,000

           58                                         ((84,000 89,000 92,000  95,000  95,000))

                                                                            84,000 89,000  94,000  99,000 104,500

           59                                         ((85,000 89,500 93,500  96,000  96,000))

                                                                            85,000 89,000  94,500  99,500 105,500

           60                                                             85,500 90,000  95,000

                                                                                                                             ((97,000  97,000))

                                                                                                                               100,500 105,500

           61                                                             86,000 90,500  95,500

                                                                                                                             ((98,000  98,000))

                                                                                                                               101,000 105,500

           62                                                             ((87,000)) 91,000  96,000

                                                                                                                             ((99,000  99,000))

                                                                              86,500                            101,500 105,500

           63                                                             87,500 92,000

                                                                                                       ((97,000 100,000 100,000))

                                                                                                                96,500 102,000 105,500

           64                                                             88,000 92,500  97,500

                                                                                                                            ((101,000 101,000))

                                                                                                                              102,500 105,500

           65                                                             88,500 93,000  98,000

                                                                                                                            ((102,000 102,000))

                                                                                                                              103,000 105,500

           66                                                             89,500 93,500  98,500

                                                                                                                            ((103,000 103,000))

                                                                                                                              103,500 105,500

           67                                                             90,000 94,000  99,000

                                                                                                                            ((104,000 104,000))

                                                                                                                              104,500 105,500

           68                                                             90,500 95,000  99,500 105,000

                                                                                                                                           ((105,000))

                                                                                                                                                    105,500

 

           69                                                             91,000 95,500 100,000 105,500 105,500

           70                                                             92,000 96,000 101,000 105,500 105,500

 

When inches are involved:  Under six inches take lower, six inches or over take higher.  The maximum load on any axle in any group of axles shall not exceed the single axle or tandem axle allowance as set forth in the table above.

          The maximum axle and gross weights specified in this section are subject to the braking requirements set up for the service brakes upon any motor vehicle or combination of vehicles as provided by law.

          ((It is unlawful to operate upon the public highways any single unit vehicle, supported upon three axles or more with a gross weight including load in excess of forty thousand pounds or any combination of vehicles having a gross weight in excess of eighty thousand pounds without first obtaining an additional tonnage permit as provided for in RCW 46.44.095:  PROVIDED, That when a combination of vehicles has purchased license tonnage in excess of seventy-two thousand pounds as provided by RCW 46.16.070, such excess license tonnage may be applied to the power unit subject to limitations of RCW 46.44.042 and this section when such vehicle is operated without a trailer.))

          It is unlawful to operate any vehicle upon the public highways equipped with two axles spaced less than seven feet apart unless the two axles are so constructed and mounted that the difference in weight between the axles does not exceed three thousand pounds.  However, variable lift axles are exempt from this requirement.  For purposes of this section, a "variable lift axle" is an axle that may be lifted from the roadway surface, whether by air, hydraulic, mechanical, or any combination of these means.  The weight allowed on the axle is governed by RCW 46.44.042 and this section.

          Loads of not more than eighty thousand pounds which may be legally hauled in the state bordering this state which also has a sales tax, are legal in this state when moving to a port district within four miles of the bordering state except on the interstate system.  This provision does not allow the operation of a vehicle combination consisting of a truck tractor and three trailers.

          Notwithstanding anything contained herein, a vehicle or combination of vehicles in operation on January 4, 1975, may operate upon the public highways of this state, including the interstate system within the meaning of section 127 of Title 23, United States Code, with an overall gross weight upon a group of two consecutive sets of dual axles which was lawful in this state under the laws, regulations, and procedures in effect in this state on January 4, 1975.

 

        Sec. 104.  RCW 46.44.0941 and 1990 c 42 s 107 are each amended to read as follows:

          The following fees, in addition to the regular license and tonnage fees, shall be paid for all movements under special permit made upon state highways.  All funds collected, except the amount retained by authorized agents of the department as provided in RCW 46.44.096, shall be forwarded to the state treasury and shall be deposited in the motor vehicle fund:

 

All overlegal loads, except overweight, single

          trip................................................$  10.00

Continuous operation of overlegal loads

          having either overwidth or overheight

          features only, for a period not to exceed

          thirty days.........................................$  20.00

Continuous operations of overlegal loads

          having overlength features only, for a

          period not to exceed thirty days....................$  10.00

Continuous operation of a combination of

          vehicles having one trailing unit that

          exceeds forty-eight feet and is not

          more than fifty-six feet in length, for

          a period of one year................................$ 100.00

Continuous operation of a combination of

          vehicles having two trailing units

          which together exceed sixty-one feet and

          are not more than sixty-eight feet in

          length, for a period of one year....................$ 100.00

Continuous operation of a three-axle fixed

          load vehicle having less than 65,000

          pounds gross weight, for a period not

          to exceed thirty days............................$  ((70.00))                                                                                                                      84.00

Continuous operation of a four-axle fixed load

          vehicle meeting the requirements of

          RCW 46.44.091(1) and weighing less than

          86,000 pounds gross weight, not to exceed

          thirty days.........................................$  108.00

Continuous operation of overlegal loads

          having nonreducible features not to

          exceed eighty-five feet in length and

          fourteen feet in width, for a period of

          one year............................................$ 150.00

Continuous operation of a two or three-axle

          collection truck, actually engaged in the

          collection of solid waste or recyclables,

          or both, under chapter 81.77 or 35.21 RCW,

          by contract under RCW 36.58.090 or initial

          commercial recycling collection services by

          tariff under chapter 81.80 RCW, for

          one year with an additional six thousand

          pounds more than the weight authorized in

          RCW 46.16.070 on the rear axle of a two-axle

          truck or eight thousand pounds for the tandem

          axles of a three-axle truck.  RCW 46.44.041

          and 46.44.091 notwithstanding, the tire limits

          specified in RCW 46.44.042 apply, but none of

          the excess weight is valid or may be permitted

          on any part of the federal interstate highway

          system...............................................$  51.00

                                                                                                                           per thousand pounds

 

          The department may issue any of the above-listed permits that involve height, length, or width for an expanded period of consecutive months, not to exceed one year.

          Continuous operation of farm implements under a permit issued as authorized by RCW 46.44.140 by:

 

(1) Farmers in the course of farming activities,

          for any three-month period..........................$  10.00

(2) Farmers in the course of farming activities,

          for a period not to exceed one year.................$  25.00

(3) Persons engaged in the business of the

          sale, repair, or maintenance of such

          farm implements, for any three-month period.........$  25.00

(4) Persons engaged in the business of the

          sale, repair, or maintenance of such

          farm implements, for a period not to

          exceed one year.....................................$ 100.00

 

                                                                   Overweight Fee Schedule

 

Weight over total registered

gross weight ((plus additional

gross weight purchased under

RCW 46.44.095 or

46.44.047, or any                                                                                                                                      Fee per     

other statute authorizing the state                                                                                                               mile on     

department of transportation to issue                                                                                                               state      

annual overweight permits)).                                                                                                                   highways    

 

          1-5,999 pounds......................................$  ((.07)) .08

 6,000-11,999 pounds....................................$  ((.14)) .17

12,000-17,999 pounds....................................$  ((.21)) .25

18,000-23,999 pounds....................................$  ((.35)) .42

24,000-29,999 pounds....................................$  ((.49)) .59

30,000-35,999 pounds....................................$  ((.63)) .76

36,000-41,999 pounds....................................$  ((.84)) 1.01

42,000-47,999 pounds....................................$ ((1.05)) 1.26

48,000-53,999 pounds....................................$ ((1.26)) 1.51

54,000-59,999 pounds....................................$ ((1.47)) 1.76

60,000-65,999 pounds....................................$ ((1.68)) 2.07

66,000-71,999 pounds....................................$ ((2.03)) 2.44

72,000-79,999 pounds....................................$ ((2.38)) 2.86

80,000 pounds or more...................................$ ((2.80)) 3.36

 

PROVIDED:  (a) The minimum fee for any overweight permit shall be $14.00, (b) the fee for issuance of a duplicate permit shall be $14.00, (c) when computing overweight fees prescribed in this section or in RCW 46.44.095 that result in an amount less than even dollars the fee shall be carried to the next full dollar if fifty cents or over and shall be reduced to the next full dollar if forty-nine cents or under.

          The fees levied in this section and RCW 46.44.095 do not apply to vehicles owned and operated by the state of Washington, a county within the state, a city or town or metropolitan municipal corporation within the state, or the federal government.

 

        Sec. 105.  RCW 46.44.095 and 1990 c 42 s 108 are each amended to read as follows:

          ((When a combination of vehicles has been lawfully licensed to a total gross weight of eighty thousand pounds and when a three or more axle single unit vehicle has been lawfully licensed to a total gross weight of forty thousand pounds pursuant to provisions of RCW 46.44.041, a permit for additional gross weight may be issued by the department of transportation upon the payment of fifty-two dollars and fifty cents per year for each one thousand pounds or fraction thereof of such additional gross weight:  PROVIDED, That the tire limits specified in RCW 46.44.042 shall apply, and the gross weight on any single axle shall not exceed twenty thousand pounds, and the gross load on any group of axles shall not exceed the limits set forth in RCW 46.44.041:  PROVIDED FURTHER, That within the tire limits of RCW 46.44.042, and notwithstanding RCW 46.44.041 and 46.44.091, a permit for an additional six thousand pounds may be purchased for the rear axles of a two-axle garbage truck or eight thousand pounds for the tandem axle of a three axle garbage truck at a rate not to exceed forty-two dollars per thousand.  Such additional weight in the case of garbage trucks shall not be valid or permitted on any part of the federal interstate highway system.

          The annual additional tonnage permits provided for in this section shall be issued upon such terms and conditions as may be prescribed by the department pursuant to general rules adopted by the transportation commission.  Such permits shall entitle the permittee to carry such additional load in an amount and upon highways or sections of highways as may be determined by the department of transportation to be capable of withstanding increased gross load without undue injury to the highway:  PROVIDED, That the permits are not valid on any highway where the use of such permits would deprive this state of federal funds for highway purposes.

          For those vehicles registered under chapter 46.87 RCW, the annual additional tonnage permits provided for in this section may be issued to coincide with the registration year of the base jurisdiction.  For those vehicles registered under chapter 46.16 RCW and whose registration has staggered renewal dates, the annual additional tonnage permits may be issued to coincide with the expiration date of the registration.  The permits may be purchased at any time, and if they are purchased for less than a full year, the fee shall be one-twelfth of the full fee multiplied by the number of months, including any fraction thereof, covered by the permit.  When the department issues a duplicate permit to replace a lost or destroyed permit and where the department transfers a permit from one vehicle to another a fee of fourteen dollars shall be charged for each duplicate issued or each transfer.  The department of transportation shall issue permits on a temporary basis for periods not less than five days at two dollars and eighty cents per day for each two thousands pounds or fraction thereof.

          The fees levied in RCW 46.44.0941 and this section shall not apply to any vehicles owned and operated by the state of Washington, any county within the state, or any city or town or metropolitan municipal corporation within the state, or by the federal government.

          In the case of fleets prorating license fees under the provisions of chapter 46.87 RCW, the fees provided for in this section shall be computed by the department of transportation by applying the proportion of the Washington mileage of the fleet in question to the total mileage of the fleet as reported pursuant to chapter 46.87 RCW to the fees that would be required to purchase the additional weight allowance for all eligible vehicles or combinations of vehicles for which the extra weight allowance is requested.

          When computing fees that result in an amount other than full dollars, the fee shall be increased to the next full dollar if fifty cents or over and shall be reduced to the next full dollar if forty-nine cents or under.  The minimum fee for any prorated tonnage permit issued under this section shall be thirty-five dollars.))

          When a combination of vehicles has been licensed to a total gross weight of 80,000 pounds or when a three or more axle single unit vehicle has been licensed to a total gross weight of 40,000 pounds, a temporary additional tonnage permit to haul loads in excess of these limits may be issued.  This permit is valid for periods of not less than five days at three dollars and thirty cents per day for each two thousand pounds or fraction thereof.  The fee may not be prorated.  The permits shall authorize the movement of loads not exceeding the weight limits set forth in RCW 46.44.041 and 46.44.042.

 

        Sec. 106.  RCW 46.44.096 and 1989 c 398 s 4 are each amended to read as follows:

          In determining fees according to RCW 46.44.0941, mileage on state primary and secondary highways shall be determined from the planning survey records of the department of transportation, and the gross weight of the vehicle or vehicles, including load, shall be declared by the applicant.  Overweight on which fees shall be paid will be gross loadings in excess of loadings authorized by law or axle loadings in excess of loadings authorized by law, whichever is the greater.  Loads which are overweight and oversize shall be charged the fee for the overweight permit without additional fees being assessed for the oversize features.

          Special permits issued under RCW 46.44.047, 46.44.0941, or 46.44.095, may be obtained from offices of the department of transportation, ports of entry, or other agents appointed by the department.

          The department may appoint agents for the purposes of selling special motor vehicle permits, temporary additional tonnage permits, and log tolerance permits.  Agents so appointed may retain three dollars and fifty cents for each permit sold to defray expenses incurred in handling and selling the permits.  If the fee is collected by the department of transportation, the department shall certify the fee so collected to the state treasurer for deposit to the credit of the motor vehicle fund.

          Fees established in RCW 46.44.0941 shall be paid to the political body issuing the permit if the entire movement is to be confined to roads, streets, or highways for which that political body is responsible.  When a movement involves a combination of state highways, county roads, and/or city streets the fee shall be paid to the state department of transportation.  When a movement is confined within the city limits of a city or town upon city streets, including routes of state highways on city streets, all fees shall be paid to the city or town involved.  A permit will not be required from city or town authorities for a move involving a combination of city or town streets and state highways when the move through a city or town is being confined to the route of the state highway.  When a move involves a combination of county roads and city streets the fee shall be paid to the county authorities, but the fee shall not be collected nor the county permit issued until valid permits are presented showing the city or town authorities approve of the move in question.  When the movement involves only county roads the fees collected shall be paid to the county involved.  Fees established shall be paid to the political body issuing the permit if the entire use of the vehicle during the period covered by the permit shall be confined to the roads, streets, or highways for which that political body is responsible.

          ((If, pursuant to RCW 46.44.090, cities or counties issue additional tonnage permits similar to those provided for issuance by the state department of transportation in RCW 46.44.095, the state department of transportation shall authorize the use of the additional tonnage permits on state highways subject to the following conditions:

          (1) The owner of the vehicle covered by such permit shall establish to the satisfaction of the state department of transportation that the primary use of the vehicle is on the streets or roads of the city or county issuing the additional tonnage permit;

          (2) That the fees paid for the additional tonnage are not less than those established in RCW 46.44.095;

          (3) That the city or county issuing the permit shall allow the use of permits issued by the state pursuant to RCW 46.44.095 on the streets or roads under its jurisdiction;

          (4) That all of the provisions of RCW 46.44.042 and 46.44.041 shall be observed.

          When the department of transportation is satisfied that the above conditions have been met, the department of transportation, by suitable endorsement on the permit, shall authorize its use on such highways as the department has authorized for such permits pursuant to RCW 46.44.095, and all such use of such highways is subject to whatever rules and regulations the state department of transportation has adopted for the permits.))

 

        Sec. 107.  RCW 46.68.035 and 1990 c 42 s 106 are each amended to read as follows:

          All proceeds from combined vehicle licensing fees received by the director for vehicles licensed under RCW 46.16.070 and 46.16.085 shall be forwarded to the state treasurer to be distributed into accounts according to the following method:

          (1) The sum of two dollars for each vehicle shall be deposited into the highway safety fund, except that for each vehicle registered by a county auditor or agent to a county auditor pursuant to RCW 46.01.140, the sum of two dollars shall be credited to the current county expense fund.

          (2) The remainder shall be distributed as follows:

          (a) ((25.862)) 19.777 percent shall be deposited into the state patrol highway account of the motor vehicle fund;

          (b) ((1.661)) 1.513 percent shall be deposited into the Puget Sound ferry operations account of the motor vehicle fund; and

          (c) The remaining proceeds shall be deposited into the motor vehicle fund.

 

          NEW SECTION.  Sec. 108.  A new section is added to chapter 47.05 RCW to read as follows:

          The rural economic diversification support program is established in the department of transportation for the purpose of selecting state highway, county road, and city street improvement projects to be funded from the taxes imposed for this purpose under RCW 82.36.025 and distributed under chapter 46.68 RCW and sections 109 and 110 of this act.  In selecting improvement projects, the department shall consider the following criteria:

          (1) Projects that reduce adverse economic impacts caused by road closures or restrictions under chapter 47.48 RCW;

          (2) Projects that improve the year-round structural ability of the highway to carry legal loads; and

          (3) Projects that have funding participation from other sources.

 

          NEW SECTION.  Sec. 109.  A new section is added to chapter 46.68 RCW to read as follows:

          All moneys that have accrued or may accrue to the motor vehicle fund from the motor vehicle fuel tax and special fuel tax imposed by RCW 82.36.025(6) shall be distributed monthly by the state treasurer in the following proportions:

          (1) Seventy-five hundredths of one cent per gallon shall be deposited in the motor vehicle fund solely for the purposes of constructing high occupancy vehicle lanes and related facilities, as defined in RCW 81.100.020 (3) and (4), and for paying the principal and interest on bonds issued for the purposes of constructing high occupancy vehicle lanes and related facilities;

          (2) One and seventy-five hundredths cents per gallon shall be deposited in the motor vehicle fund and shall be expended for highway purposes of the state as defined in RCW 46.68.130;

          (3) Twenty-five hundredths of one cent per gallon shall be allocated to cities and towns as provided in RCW 46.68.110;

          (4) Seventy-five hundredths of one cent per gallon shall be allocated to counties as provided in RCW 46.68.120; and

          (5) Twenty-five hundredths of one cent per gallon shall be deposited in the special category C account in the motor vehicle fund for special category C projects.

 

          NEW SECTION.  Sec. 110.  A new section is added to chapter 46.68 RCW to read as follows:

          All moneys that have accrued or may accrue to the motor vehicle fund from the motor vehicle fuel tax and special fuel tax imposed by RCW 82.36.025(7) shall be distributed monthly by the state treasurer in the following proportions:

          (1) Five-tenths of one cent per gallon shall be allocated to cities and towns as provided in RCW 46.68.110;

          (2) Seventy-five hundredths of one cent per gallon shall be allocated to counties as provided in RCW 46.68.120;

          (3) One cent per gallon shall be allocated to the transportation improvement account in the motor vehicle fund and expended in accordance with RCW 47.26.084; and

          (4) One-half of one cent per gallon shall be deposited in the special category C account in the motor vehicle fund for special category C projects.

 

        Sec. 111.  RCW 82.36.025 and 1991 c 342 s 57 are each amended to read as follows:

          The motor vehicle fuel tax rate shall be computed as the sum of the tax rate provided in subsection (1) of this section and the additional tax rates provided in subsections (2) through (5) of this section.

          (1) A motor vehicle fuel tax rate of seventeen cents per gallon shall apply to the sale, distribution, or use of motor vehicle fuel.

          (2) An additional motor vehicle fuel tax rate of one-third cent per gallon shall apply to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090 (1) (a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the rural arterial trust account in the motor vehicle fund for expenditures under RCW 36.79.020.

          (3) An additional motor vehicle fuel tax rate of one-third cent per gallon shall apply to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090 (1) (a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the urban arterial trust account in the motor vehicle fund.

          (4) An additional motor vehicle fuel tax rate of one-third cent per gallon shall be applied to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090 (1) (a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the motor vehicle fund to be expended for highway purposes of the state as defined in RCW 46.68.130.

          (5) An additional motor vehicle fuel tax rate of four cents per gallon from April 1, 1990, through March 31, 1991, and five cents per gallon from April 1, 1991, applies to the sale, distribution, or use of motor vehicle fuel.  The proceeds from the additional tax rate under this subsection, reduced by an amount equal to the sum of the payments under RCW 46.68.090 (1) (a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor fuel tax rate provided in this section, shall be deposited in the motor vehicle fund and shall be distributed by the state treasurer according to RCW 46.68.095.

          (6) An additional motor vehicle fuel tax rate of four cents per gallon from June 1, 1993, applies to the sale, distribution, or use of motor vehicle fuel.  The proceeds from the additional tax rate in this subsection, reduced by an amount equal to the sum of the payments under RCW 46.68.090(1)(a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the motor vehicle fund and shall be distributed by the state treasurer according to section 109 of this act.

          (7) An additional motor vehicle fuel tax rate of three cents per gallon from October 1, 1993, applies to the sale, distribution, or use of motor vehicle fuel.  The proceeds from the additional tax rate in this subsection, reduced by an amount equal to the sum of the payments under RCW 46.68.090(1)(a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the motor vehicle fund and shall be distributed by the state treasurer according to section 110 of this act.

 

        Sec. 112.  RCW 82.36.415 and 1987 c 220 s 4 are each amended to read as follows:

          At least once each fiscal year, the director shall request the state treasurer to refund from the motor vehicle fund, to the aeronautics account created under RCW 82.42.090, an amount equal to 0.028 percent of the gross motor vehicle fuel tax less an amount equal to aircraft fuel taxes transferred to that account as a result of nonhighway refunds claimed by motor fuel purchasers.  The refund shall be considered compensation for unclaimed motor vehicle fuel that is used in aircraft for purposes taxable under RCW 82.42.020.  ((The director shall also remit from the motor vehicle fund the taxes required by RCW 82.12.0256(3)(c) for the unclaimed refunds, provided that the sum of the amount refunded and the amount remitted in accordance with RCW 82.12.0256(3)(c) shall not exceed the unclaimed refunds.))

 

          NEW SECTION.  Sec. 113.  The following acts or parts of acts are each repealed:

          (1) RCW 46.44.160 and 1988 c 55 s 2, 1981 c 229 s 1, 1975-'76 2nd ex.s. c 64 s 21, & 1975 1st ex.s. c 196 s 1; and

          (2) 1987 c 175 s 1 and 1980 c 166 s 5 (uncodified).

 

                                                                          (End of part)


 

 

                                                 PART 2.  STATE PATROL

 

        Sec. 201.  RCW 46.16.060 and 1992 c 216 s 4 are each amended to read as follows:

          (1) Except for vehicles already so taxed in RCW 46.16.070 and 46.16.085 or as otherwise specifically provided by law for the licensing of vehicles, there shall be paid and collected annually for each registration year or fractional part thereof and upon each vehicle a license fee of twenty-((three)) seven dollars and seventy-five cents, but effective with initial motor vehicle registrations that expire in January, ((1989)) 1995, and thereafter, the license fee shall be ((twenty-seven)) thirty-two dollars and seventy-five cents; however, if the vehicle was previously licensed in this state and has not been registered in another jurisdiction in the intervening period, the renewal license fee shall be ((nineteen)) twenty-three dollars and seventy-five cents, but effective with vehicle license renewals that expire in January, ((1989)) 1995, and thereafter, the renewal license fee shall be ((twenty-three)) twenty-eight dollars and seventy-five cents.  On all new and renewal license fees, an additional fifty cents shall be collected and remitted to the department for deposit into the department of licensing services account of the motor vehicle fund.  The proceeds of such fees shall be distributed in accordance with RCW 46.68.030.  The fee for licensing each house-moving dolly which is used exclusively for moving buildings or homes on the highway under special permit as provided for in chapter 46.44 RCW shall be twenty-five dollars, but effective with licenses that expire in January, 1989, and thereafter, the fee shall be twenty-nine dollars and seventy-five cents, and no other fee shall be charged for the load carried thereon.

          (2) The department of licensing, county auditors, and other authorized agents shall collect for any registration year any increase in the fees authorized by this section for the months of that registration year in which any such increase is effective in the same manner and at the same time as such fees for that registration year would otherwise be collected as provided by law.

                                                                          (End of part)


 

 

                                       PART 3.  DEPARTMENT OF LICENSING

 

        Sec. 301.  RCW 46.20.117 and 1986 c 15 s 1 are each amended to read as follows:

          (1) The department shall issue "identicards," containing a picture, to individuals for a fee of ((four)) fifteen dollars.  However, the fee shall be the actual cost of production to recipients of continuing public assistance grants under Title 74 RCW who are referred in writing to the department by the secretary of social and health services.  The fee shall be deposited in the highway safety fund.  To be eligible, each applicant shall produce evidence as required by the rules adopted by the director that positively proves identity.  The "identicard" shall be distinctly designed so that it will not be confused with the official driver's license.  The identicard shall expire on the fifth anniversary of the applicant's birthdate after issuance.

          (2) The department may cancel an "identicard" upon a showing by its records or other evidence that the holder of such "identicard" has committed a violation relating to "identicards" defined in RCW 46.20.336.

 

        Sec. 302.  RCW 46.20.161 and 1990 c 250 s 40 are each amended to read as follows:

          The department, upon receipt of a fee of ((fourteen)) twenty dollars, which includes the fee for the required photograph, shall issue to every applicant qualifying therefor a driver's license, which license shall bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, Washington residence address, and a brief description of the licensee, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with pen and ink immediately upon receipt of the license.  No license is valid until it has been so signed by the licensee.

 

        Sec. 303.  RCW 46.20.181 and 1990 c 250 s 41 are each amended to read as follows:

          Every driver's license expires on the fourth anniversary of the licensee's birthdate following the issuance of the license.  Every such license is renewable on or before its expiration upon application prescribed by the department and the payment of a fee of ((fourteen)) twenty dollars.  This fee includes the fee for the required photograph.

 

        Sec. 304.  RCW 46.68.041 and 1985 ex.s. c 1 s 12 are each amended to read as follows:

          (1) The department shall forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who shall deposit such moneys to the credit of the highway safety fund except as otherwise provided in this section.

          (2) Out of each fee of ((fourteen)) twenty dollars collected for a driver's license, the sum of ((ten)) sixteen dollars and twenty cents shall be deposited in the highway safety fund, and three dollars and eighty cents shall be deposited in the general fund.

 

        Sec. 305.  RCW 46.20.120 and 1990 c 9 s 1 are each amended to read as follows:

          No new driver's license may be issued and no previously issued license may be renewed until the applicant therefor has successfully passed a driver licensing examination.  However, the department may waive all or any part of the examination of any person applying for the renewal of a driver's license except when the department determines that an applicant for a driver's license is not qualified to hold a driver's license under this title.  The department may also waive the actual demonstration of the ability to operate a motor vehicle by a person who surrenders a valid driver's license issued by the person's previous home state and who is otherwise qualified to be licensed.  For a new license examination a fee of ((seven)) five dollars shall be paid by each applicant for the test of the applicant's knowledge under RCW 46.20.130(2), and a fee of ten dollars shall be paid by each applicant for the test of the applicant's actual ability to operate a motor vehicle under RCW 46.20.130(3), in addition to the fee charged for issuance of the license.  A new license is one issued to a driver who has not been previously licensed in this state or to a driver whose last previous Washington license has been revoked or expired for more than four years.

          Any person renewing his or her driver's license more than sixty days  after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee under RCW 46.20.181.  The penalty fee shall be deposited in the highway safety fund.

          Any person who is outside the state at the time his or her driver's license expires or who is unable to renew the license due to any incapacity may renew the license within sixty days after returning to this state or within sixty days after the termination of any such incapacity without the payment of the penalty fee.

          The department shall provide for giving examinations at places and times reasonably available to the people of this state.

 

        Sec. 306.  RCW 46.20.130 and 1990 c 250 s 39 are each amended to read as follows:

          The director shall prescribe the content of the driver licensing examination and the manner of conducting the examination, which shall include but is not limited to:

          (1) A test of the applicant's eyesight and ability to see, understand, and follow highway signs regulating, warning, and directing traffic;

          (2) A test of the applicant's knowledge of traffic laws and ability to understand and follow the directives of lawful authority, orally or graphically, that regulate, warn, and direct traffic in accordance with the traffic laws of this state;

          (3) An actual demonstration of the applicant's ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property; and

          (4) Such further examination as the director deems necessary (a) to determine whether any facts exist which would bar the issuance of a vehicle operator's license under chapters 46.20, 46.21, and 46.29 RCW, and (b) to determine the applicant's fitness to operate a motor vehicle safely on the highways((; and

          (5) In addition to the foregoing, when the applicant desires to drive a motorcycle, as defined in RCW 46.04.330, or a motor-driven cycle, as defined in RCW 46.04.332, the applicant shall also demonstrate the ability to operate such motorcycle or motor-driven cycle in such a manner as not to jeopardize the safety of persons or property)).

 

        Sec. 307.  RCW 46.20.505 and 1989 c 203 s 2 are each amended to read as follows:

          Every person applying for a special endorsement or a new category of endorsement of a driver's license authorizing such person to drive a motorcycle or a motor-driven cycle shall pay an examination fee of ((two)) five dollars ((which is)) for the test of the applicant's knowledge under RCW 46.20.515(2), and a fee of ten dollars for the test of the applicant's actual ability to operate a motorcycle or motor-driven cycle under RCW 46.20.515(3).  Examination fees paid under this section are not refundable.  In addition, the endorsement fee for the initial or new category motorcycle endorsement shall be six dollars and the subsequent renewal endorsement fee shall be seven dollars and fifty cents.  The initial or new category and renewal endorsement fees shall be deposited in the motorcycle safety education account of the highway safety fund.

 

        Sec. 308.  RCW 46.20.515 and 1982 c 77 s 4 are each amended to read as follows:

          The motorcycle endorsement examination for each displacement category shall ((emphasize)) be prescribed by the director and shall include but not be limited to:

          (1) A test of the applicant's eyesight and ability to see, understand, and follow highway signs regulating, warning, and directing traffic;

          (2) A test of the applicant's knowledge of applicable traffic laws and motorcycle or motor-driven cycle operation and safety; and

          (3) An actual demonstration of the applicant's ability to operate a motorcycle or motor-driven cycle in such a manner as not to jeopardize the safety of persons or property, including the maneuvers necessary for on-street operation, including emergency braking and turning as may be required to avoid an impending collision.

 

                                                                          (End of part)


 

 

                                                PART 4.  MISCELLANEOUS

 

          NEW SECTION.  Sec. 401.  Sections 101 and 201 of this act apply to license expirations beginning with January 1995 expirations.

 

          NEW SECTION.  Sec. 402.  (1) Sections 109 and 111 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1993.

          (2) Sections 102 through 108, 110, 112, 113, and 301 through 304 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.

          (3) Sections 305 through 308 of this act shall take effect October 1, 1993.

 

          NEW SECTION.  Sec. 403.  This act shall be liberally construed to effect its purposes.

 

          NEW SECTION.  Sec. 404.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 

          NEW SECTION.  Sec. 405.  Part headings as used in this act constitute no part of the law.

 


                                                           --- END ---