BP BHEAD INT H [atlas:bill]

AN ACT Relating to standards for emergency load restrictions on state and local highways; amending RCW 46.44.080; adding new sections to chapter 46.44 RCW; and providing an expiration date.

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

Sec. 1. RCW 46.44.080 and 1977 ex.s. c 151 s 29 are each amended to read as follows:

(1) The department of transportation and local authorities, with respect to public highways under their jurisdiction, may prohibit the operation thereon of motor trucks or other vehicles or may impose limits as to the weight thereof, or any other restrictions as may be deemed necessary, whenever any such public highway by reason of rain, snow, climatic, or other conditions, will be seriously damaged or destroyed unless the operation of vehicles thereon be prohibited or restricted or the permissible weights thereof reduced((~~: PROVIDED, That~~)). Whenever a highway has been closed generally to vehicles or specified classes of vehicles, the department and local authorities shall ((~~by general rule or~~)) by special permit authorize the operation thereon of school buses, private carrier buses used as school buses, authorized emergency vehicles, and motor trucks transporting perishable commodities or services or commodities necessary for the health and welfare of local residents under such weight and speed restrictions as the department and the local authorities deem necessary to protect the highway from undue damage((~~: PROVIDED FURTHER, That~~)). The governing authorities of incorporated cities and towns shall not prohibit the use of any city street designated by the transportation commission as forming a part of the route of any primary state highway through any such incorporated city or town by vehicles or any class of vehicles or impose any restrictions or reductions in permissible weights unless ((~~such~~)) the restriction, limitation, or prohibition, or reduction in permissible weights ((be)) is first approved in writing by the department of transportation.

(2) The department shall give public notice of a road closure or imposed restriction. Local authorities imposing any such restrictions or limitations, or prohibiting any use or reducing the permissible weights shall do so by proper ordinance or resolution ((~~and~~)). The department or local authorities shall erect or cause to be erected and maintained signs designating the provisions of the public notice, ordinance, or resolution ((in)) at each end of the portion of any public highway affected thereby, and no such public notice, ordinance, or resolution ((~~shall be~~)) is effective unless and until such signs are erected and maintained.

((The department shall have the same authority as hereinabove granted to local authorities to prohibit or restrict the operation of vehicles upon state highways. The department shall give public notice of closure or restriction. The department may issue special permits for the operation of school buses and motor trucks transporting perishable commodities or commodities necessary for the health and welfare of local residents under specified weight and speed restrictions as may be necessary to protect any state highway from undue damage.))

NEW SECTION. Sec. 2. A new section is added to chapter 46.44 RCW to read as follows:

(1) Road restrictions imposed by the department or local authorities must be categorized either as "emergency load restrictions" or "severe emergency load restrictions." The emergency load limitation imposed by local authorities must be based on the "Severe Emergency Load Restrictions" table only. The condition existing at the time will determine which of the two schedules will be imposed.

EMERGENCY LOAD RESTRICTIONS

CONVENTIONAL TIRES TIRES WITH .5 MARKING

Tire Size Gross Load Tire Size Gross Load

Each Tire Each Tire

7.00 1800 lbs. 8x22.5 2250 lbs.

7.50 2250 lbs. 9x22.5 2800 lbs.

8.25 2800 lbs. 10x22.5 3400 lbs.

9.00 3400 lbs. 11x22.5 4000 lbs.

10.00 4000 lbs. 11x24.5 4000 lbs.

11.00 4500 lbs. 12x22.5 4500 lbs.

12.00 12x24.5

& over 4500 lbs. & over 4500 lbs.

SEVERE EMERGENCY LOAD RESTRICTIONS

CONVENTIONAL TIRES TIRES WITH .5 MARKING

Tire Size Gross Load Tire Size Gross Load

Each Tire Each Tire

7.00 1800 lbs. 8x22.5 1800 lbs.

7.50 1800 lbs. 9x22.5 1900 lbs.

8.25 1900 lbs. 10x22.5 2250 lbs.

9.00 2250 lbs. 11x22.5 2750 lbs.

10.00 2750 lbs. 11x24.5 2750 lbs.

11.00 12x22.5

& over 3000 lbs. & over 3000 lbs.

(a) No allowance will be made for axles other than the primary steering axle and drive axle(s).

(b) The load distribution on any one axle of the vehicle must be such that it will not load the tires on that axle in excess of the prescribed load listed in the table above. However, a truck, truck tractor, auto stage, municipal transit vehicle, school bus, or private carrier bus used as a school bus having conventional 10.00 x 20 tires or 11.00 x 22.5 tires, or larger, may carry a maximum load of 10,000 pounds on the front axle over a public highway placed under emergency load restrictions.

(2) For purposes of this section:

(a) "Perishable commodity" means a product of agriculture, aquaculture, or manufacture that by its nature is subject to destruction, decay, deterioration, or spoilage except under proper conditions. At least fifty percent of the load must be perishables.

(b) "Services or commodities necessary for the health and welfare of local residents" means (i) a service provided to the public that is necessary to maintain essential power, gas, communications, garbage, sewer, or water services and (ii) commodities provided to the public that are necessary in providing food, shelter, or fuel.

NEW SECTION. Sec. 3. A new section is added to chapter 46.44 RCW to read as follows:

The department of transportation, in conjunction with the county road administration board, shall adopt rules for imposition of road restrictions under RCW 46.44.080. The initial rules will be effective July 1, 2003, and must be reviewed by the department of transportation and the county road administration board at least every two years.

NEW SECTION. Sec. 4. Section 2 of this act expires July 1, 2003.