AN ACT
Relating to commercial vehicle safety enforcement by the Washington state
patrol; amending RCW 81.80.330; adding new sections to chapter 46.32 RCW;
creating a new section; repealing RCW 81.80.145; prescribing penalties; and
providing an effective date.
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 is responsible for enforcement of safety
requirements for commercial motor vehicles, including but not limited to
terminal safety audits. Those carriers that have terminal operations in this
state are subject to the patrol's terminal safety audits.
(2)
This section does not apply to:
(a)
Motor vehicles 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 disposal; or supplies or
commodities to be used on the farm, orchard, or dairy;
(b)
Commercial motor carriers subject to economic regulation under chapters 81.68
(auto transportation companies), 81.70 (passenger charter carriers), 81.77
(solid waste collection companies), 81.80 (motor freight carriers), and 81.90
(limousine charter carriers) RCW; and
(c)
Vehicles exempted from registration by RCW 46.16.020.
NEW
SECTION. Sec. 2. A new
section is added to chapter 46.32 RCW to read as follows:
The
department shall collect a fee of ten dollars, in addition to all other fees
and taxes, for each motor vehicle base plated in the state of Washington that
is subject to highway inspections and terminal audits under section 1 of this
act, at the time of registration and renewal of registration under chapter
46.16 or 46.87 RCW. Refunds will not be provided for fees paid under this
section when the vehicle is no longer subject to section 1 of this act. The
department may deduct an amount equal to the cost of administering the
program. All remaining fees shall be deposited with the state treasurer and
credited to the state patrol highway account of the motor vehicle fund.
NEW
SECTION. Sec. 3. A new
section is added to chapter 46.32 RCW to read as follows:
In
addition to all other penalties provided by law, a commercial motor vehicle
that is subject to terminal safety audits under this chapter and an officer,
agent, or employee of a company operating a commercial motor vehicle who
violates or who procures, aids, or abets in the violation of this title or any
order or rule of the state patrol is liable for a penalty of one hundred
dollars for each violation. Each violation is a separate and distinct offense,
and in case of a continuing violation every day's continuance is a separate and
distinct violation.
The
penalty provided in this section is due and payable when the person incurring
it receives a notice in writing from the patrol describing the violation and
advising the person that the penalty is due. The patrol may, upon written
application for review, received within fifteen days, remit or mitigate a
penalty provided for in this section or discontinue a prosecution to recover
the penalty upon such terms it deems proper and may ascertain the facts upon
all such applications in such manner and under such rules as it deems proper.
If the amount of the penalty is not paid to the patrol within fifteen days
after receipt of the notice imposing the penalty, or application for remission
or mitigation has not been made within fifteen days after the violator has
received notice of the disposition of the application, the attorney general
shall bring an action in the name of the state of Washington in the superior
court of Thurston county or of some other county in which the violator does
business, to recover the penalty. In all such actions the procedure and rules
of evidence are the same as an ordinary civil action except as otherwise
provided in this chapter. All penalties recovered under this section shall be
paid into the state treasury and credited to the state patrol highway account
of the motor vehicle fund.
NEW
SECTION. Sec. 4. (1) All
powers, duties, and functions of the utilities and transportation commission
pertaining to safety inspections of commercial vehicles, including but not
limited to terminal safety audits, except for those carriers subject to the
economic regulation of the commission, are transferred to the Washington state
patrol.
(2)(a)
All reports, documents, surveys, books, records, files, papers, or written
material in the possession of the utilities and transportation commission
pertaining to the powers, functions, and duties transferred shall be delivered
to the custody of the Washington state patrol. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property employed by the
utilities and transportation commission in carrying out the powers, functions,
and duties transferred shall be made available to the Washington state patrol.
All funds, credits, or other assets held in connection with the powers,
functions, and duties transferred shall be assigned to the Washington state
patrol.
(b)
Any appropriations made to the utilities and transportation commission for
carrying out the powers, functions, and duties transferred shall, on the
effective date of this act, be transferred and credited to the Washington state
patrol.
(c)
Whenever any question arises as to the transfer of any personnel, funds, books,
documents, records, papers, files, equipment, or other tangible property used
or held in the exercise of the powers and the performance of the duties and
functions transferred, the director of financial management shall make a
determination as to the proper allocation and certify the same to the state
agencies concerned.
(3)
All employees of the utilities and transportation commission engaged in
performing the powers, functions, and duties transferred are transferred to the
jurisdiction of the Washington state patrol. All employees classified under
chapter 41.06 RCW, the state civil service law, are assigned to the Washington
state patrol to perform their usual duties upon the same terms as formerly,
without any loss of rights, subject to any action that may be appropriate
thereafter in accordance with the laws and rules governing state civil
service. These employees will only be transferred upon successful completion
of the Washington state patrol background investigation.
(4)
All rules and all pending business before the utilities and transportation
commission pertaining to the powers, functions, and duties transferred shall be
continued and acted upon by the Washington state patrol. All existing contracts
and obligations remain in full force and shall be performed by the Washington
state patrol.
(5)
The transfer of the powers, duties, functions, and personnel of the utilities
and transportation commission does not affect the validity of any act performed
before the effective date of this act.
(6) If
apportionments of budgeted funds are required because of the transfers directed
by this section, the director of financial management shall certify the
apportionments to the agencies affected, the state auditor, and the state
treasurer. Each of these shall make the appropriate transfer and adjustments
in funds and appropriation accounts and equipment records in accordance with
the certification.
(7)
Nothing contained in this section alters an existing collective bargaining unit
or the provisions of an existing collective bargaining agreement until the
agreement has expired or until the bargaining unit has been modified by action
of the personnel board as provided by law.
Sec.
5. RCW
81.80.330 and 1980 c 132 s 3 are each amended to read as follows:
The
commission is hereby empowered to administer and enforce all provisions of this
chapter and to inspect the vehicles, books, and documents of all
"motor carriers" and the books, documents, and records of
those using the service of the carriers for the purpose of discovering all
discriminations and rebates and other information pertaining to the enforcement
of this chapter and shall prosecute violations thereof. The commission shall
employ such auditors, inspectors, clerks, and assistants as it may deem
necessary for the enforcement of this chapter((, and it shall be the duty of)).
The Washington state patrol ((to assist in the enforcement of)) shall
perform all motor carrier safety inspections required by this chapter, ((and
the duty of)) including terminal safety audits, except for (1) those
carriers subject to the economic regulation of the commission, or (2) a vehicle
owned or operated by a carrier affiliated with a solid waste company subject to
economic regulation by the commission. The attorney general ((to)) shall
assign at least one assistant to the exclusive duty of assisting the commission
in the enforcement of this chapter, and the prosecution of persons charged with
the violation thereof. It shall be the duty of the Washington state patrol and
the sheriffs of the counties to make arrests and the county attorneys to
prosecute violations of this chapter.
NEW
SECTION. Sec. 6. RCW
81.80.145 and 1993 c 359 s 1 are each repealed.
NEW SECTION. Sec. 7. Section 2
of this act becomes effective with motor vehicle registration fees due or to
become due January 1, 1996. Sections 1 and 3 through 6 of this act take effect
January 1, 1996.
