H-0465.2 _______________________________________________
HOUSE BILL 1209
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Representatives K. Schmidt, Mielke, Johnson, Quall, Mitchell, Buck, Romero, Horn and Huff
Read first time 01/17/95. Referred to Committee on Transportation.
AN ACT Relating to commercial vehicle safety enforcement by the Washington state patrol; and adding a new section to chapter 46.32 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 46.32 RCW to read as follows:
(1) The Washington state patrol, or its designee, shall be solely responsible for enforcement of safety requirements for commercial vehicles to include, but not be limited to, liability insurance requirements and terminal safety audits.
(2) For the purpose of this section, "commercial vehicle" means any vehicle the principal use of which is the transportation of commodities, merchandise, freight, animals, or passengers.
(3) The provisions of this section do not apply to:
(a) Commercial vehicles normally owned and operated by farmers in the transportation of their own farm, orchard, or dairy products, including livestock and plant or animal wastes, from point of production to market; or of products of the farm, orchard, or dairy, including livestock and plant or animal wastes, or of supplies or commodities to be used on the farm, orchard, or dairy;
(b) Commercial vehicles of less than ten thousand one pounds gross vehicle weight when transporting exclusively legal documents, pleadings, process, correspondence, depositions, briefs, medical records, photographs, books or papers, cash or checks, when moving shipments of the documents described at the direction of an attorney as part of providing legal services;
(c) Commercial vehicles regulated under chapters 81.68, 81.70, 81.77, 81.84, and 81.90 RCW;
(d) Commercial vehicles collecting or transporting recyclable materials from the a drop-box or recycling buy-back center, or collecting or transporting recyclable materials by or on behalf of a commercial or industrial generator of recyclable materials to a recycler for use or reclamation; and
(e) Commercial vehicles transporting furniture, appliances, and other household goods.
(4) The Washington state patrol shall administer and enforce this section and has the authority to inspect commercial vehicles, books, and documents relating to the operations of all commercial vehicles subject to this section to include operator and owner records. The Washington state patrol shall employ all personnel necessary to carry out this section. The Washington state patrol shall adopt rules necessary to enforce this section and may enter into agreements with other governmental entities to enforce this section.
(5) The Washington state patrol may issue penalty assessments and citations for violations of this section and conduct administrative proceedings under chapter 34.05 RCW for any penalty assessments, with the amounts to be established by rule.
(6) Any commercial vehicle subject to this section weighing more than ten thousand pounds, or any commercial vehicle transporting hazardous waste, regardless of its weight, shall pay an annual fee of ten dollars added to the annual commercial vehicle license fee. The ten-dollar fee shall be prorated for those commercial vehicles operating in interstate commerce. All fees collected shall be remitted to the Washington state patrol safety enforcement account, hereby created, for the sole purpose of implementing this section.
(7) An advisory committee shall be established to advise the Washington state patrol on the implementation of this section. The committee shall be comprised of representatives from owners and operators of the commercial vehicles and representatives of employees operating commercial vehicles.
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