AN
ACT Relating to the charter use of Washington state ferries for transporting
hazardous materials; adding a new section to chapter 47.60 RCW; and creating a
new section.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that when established route operations and normal user
requirements are not disrupted Washington state ferries may be used for the
transportation of hazardous materials under the chartering procedures and rates
described in section 2 of this act.
NEW
SECTION. Sec. 2. A
new section is added to chapter 47.60 RCW to read as follows:
(1)
The charter use of Washington State Ferry vessels when established route
operations and normal user requirements are not disrupted is permissible.
(2)
Consistent with the policy as established in subsection (1) of this section,
the general manager of the Washington State Ferries may approve agreements for
the chartering of Washington State Ferry vessels to groups or individuals,
including hazardous material transporters, in accordance with the following:
(a)
Vessels may be committed to charter only when established route operation and
normal user requirements are not disrupted or inconvenienced. If a vessel is
engaged in the transport of hazardous materials, the transporter shall pay for
all legs necessary to complete the charter, even if the vessel is
simultaneously engaged in an operational voyage on behalf of Washington state
ferries.
(b)
Charter rates for vessels must be established at actual vessel operating costs
plus fifty percent of such actual costs rounded to the nearest fifty dollars.
Actual vessel operating costs include, but are not limited to, all labor, fuel,
and vessel maintenance costs incurred due to the charter agreement, including
deadheading and standby.
(c)
Recognizing the need for stabilized charter rates in order to encourage use of
vessels, rates must be established and revised July 1st of each year and must
remain fixed for a one-year period unless actual vessel operating costs
increase five percent or more within that year, in which case the charter rates
must be revised in accordance with (b) of this subsection.
(d)
All charter agreements must be in writing and substantially in the form of (e)
of this subsection and available, with calculations, for inspection by the
legislature and the public.
(e)
Parties chartering Washington State Ferry vessels shall comply with all
applicable laws, rules, and regulations during the charter voyage, and failure
to so comply is cause for immediate termination of the charter voyage.
"CHARTER
CRUISE AGREEMENT
On
this . . . . day of . . . .,
. . . ., Washington State Ferries (WSF) and
. . . . ., hereinafter called Lessee, enter into this
agreement for rental of a ferry vessel for the purpose of a charter voyage to
be held on . . . . ., the parties agree as follows:
1.
WSF agrees to supply the vessel . . . . . (subject to
change) for the use of the Lessee from the period from
. . . . . to . . . . . on
. . . . . (date).
2.
The maximum number of passengers; or in the case of hazardous materials
transports, trucks and trailers; that will be accommodated on the assigned
vessel is . . . . .. This number MAY NOT be exceeded.
3. The voyage will originate at . . . . ., and
the route of travel during the voyage will be as follows:
.................................................................
4.
The charge for the above voyage is . . . . . dollars ($
. . .) plus a property damage deposit of $350 for a total price of $
. . . ., to be paid by cashier's check three working days before
the date of the voyage at the offices of the WSF at Seattle Ferry Terminal,
Pier 52, Seattle, Washington, 98104. The Lessee remains responsible for
property damage in excess of $350.
5.
WSF is responsible only for the navigational operation of the chartered ferry
and in no way is responsible for directing voyage activities, providing
equipment, or any food service.
6.
Other than for hazardous materials transport, the voyage activities must be
conducted exclusively on the passenger decks of the assigned ferry. Voyage
patrons will not be permitted to enter the pilot house or the engine room, nor
shall the vehicle decks be used for any purpose other than loading or unloading
of voyage patrons or hazardous materials.
7.
If the Lessee or any of the voyage patrons will possess or consume alcoholic
beverages aboard the vessel, the Lessee must obtain the appropriate licenses or
permits from the Washington State Liquor Control Board. The Lessee must
furnish copies of any necessary licenses or permits to WSF at the same time
payment for the voyage is made. Failure to comply with applicable laws, rules,
and regulations of appropriate State and Federal agencies is cause for
immediate termination of the voyage, and WSF shall retain all payments made as
liquidated damages.
8.
WSF is not obligated to provide shoreside parking for the vehicles belonging to
voyage patrons.
9.
The Lessee recognizes that the primary function of the WSF is for the
cross-Sound transportation of the public and the maintaining of the existing
schedule. The Lessee recognizes therefore the right of WSF to cancel a voyage
commitment without liability to the Lessee due to unforeseen circumstances or
events that require the use of the chartered vessel on its scheduled route
operations. In the event of such a cancellation, WSF agrees to refund the
entire amount of the charter fee to the Lessee.
10.
The Lessee agrees to hold WSF harmless from, and shall process and defend at
its own expense, all claims, demands, or suits at law or equity, of whatever
nature brought against WSF arising in whole or in part from the performance of
provisions of this agreement. This indemnity provision does not require the
Lessee to defend or indemnify WSF against any action based solely on the
alleged negligence of WSF.
11.
This writing is the full agreement between the parties.
. . . . . . . . . . . . .
WASHINGTON STATE FERRIES
Lessee
By:
. . . . . . . . . . By:
. . . . . . . . . . . .
General
Manager"
