AN ACT Relating to
weight limits on fire-fighting apparatus; amending RCW 46.44.190; and
prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 46.44.190 and 2001 c
262 s 3 are each amended to read as follows:
(1) As used in this
section, "fire-fighting apparatus" means a vehicle or combination of
vehicles, owned by a regularly organized fire suppression agency, designed,
maintained, and used exclusively for fire suppression and rescue or for fire prevention
activities. These vehicles and associated loads or equipment are necessary to
protect the public safety and are considered nondivisible loads. A vehicle or
combination of vehicles that is not designed primarily for fire suppression
including, but not limited to, a hazardous materials response vehicle, bus,
mobile kitchen, mobile sanitation facility, and heavy equipment transport
vehicle is not a fire-fighting apparatus for purposes of this section.
(2) Fire-fighting
apparatus must comply with all applicable federal and state vehicle operating
and safety criteria, including rules adopted by agencies within each
jurisdiction.
(3) All owners and
operators of fire-fighting apparatus shall comply with current information, ((available
through)) provided by the department, regarding the applicable load
restrictions of state and local bridges within the designated fire
service area, including any automatic or mutual aid agreement areas.
(4) Fire-fighting
apparatus operating within a fire district or municipal department
boundary of the owner of the apparatus, including any automatic or mutual aid
agreement areas, may operate without a permit if:
(a) The weight does not
exceed:
(i) 600 pounds per inch
width of tire;
(ii) 24,000 pounds on a
single axle;
(iii) 43,000 pounds on
a tandem axle set;
(iv) 67,000 pounds
gross vehicle weight, subject to the gross weight limits of RCW 46.44.091(1)
(c), (d), and (e);
(v) The tire
manufacturer's tire load rating.
(b) There is no tridem
axle set.
(c) The dimensions do
not exceed:
(i) 8 feet, 6 inches
wide;
(ii) 14 feet high;
(iii) 50 feet overall
length;
(iv) 15 foot front
overhang;
(v) Rear overhang not
exceeding the length of the wheel base.
(5) Operators of
fire-fighting apparatus that exceed the weight limits in subsection (4) of this
section must apply for an overweight permit with the department ((may
grant permits for fire fighting apparatus that exceed the weight limits in
subsection (4) of this section only if they were put into operation in this
state before July 1, 2001)). The maximum weight a fire-fighting
apparatus may weigh is 50,000 pounds on the tandem axle set, and may not exceed
600 pounds per inch width of tire. The maximum weight limit must include the
weight of a full water tank, if applicable, all equipment necessary for
operation, and the normal number of personnel usually assigned to be on board,
or four personnel, whichever is greater. At least four personnel must be
physically present at the time the apparatus is weighed.
(6) When applying for
a permit, a current weight slip from a certified scale must be attached to the
department's application form. Upon receiving an application, the department
shall transmit it to the local jurisdictions in which the fire-fighting
apparatus will be operating, so that the local jurisdictions can make a
determination on the need for local travel and route restrictions within the
operating area. The department shall issue a permit within twenty days
of receiving a permit application and shall issue the permit on an annual
basis for the apparatus to operate ((within the designated fire service
area, including mutual benefit agreement areas, subject to the)) on the
state highway system, with reference made to applicable load restrictions
((of state bridges referred to in subsection (3) of this section)) and
any other limitations stipulated on the permit, including limitations placed
by local jurisdictions. ((Before issuing a permit, the department will
compare the apparatus to be permitted with the bridge load ratings for
structures on state highways within the operating area. The permit will denote
any structures where access by the apparatus is either based on special
operating instructions or is denied.))
(7) Fire-fighting
apparatus in operation in this state before the effective date of this act, and
privately owned industrial fire-fighting apparatus used for purposes of
providing emergency response and mutual aid are each exempt from subsections
(4) and (5) of this section. However, operators of the exempt fire-fighting
apparatus must still obtain an annual permit under subsection (6) of this
section.
(8) Fire-fighting
apparatus without the proper overweight permits are prohibited from being
operated on city, county, or state roadways until the apparatus is within legal
weight limits and a current permit has been issued by the department. When the
permit is issued, the fire district must notify the Washington state patrol
that the apparatus is in compliance with overweight permit regulations.
(9) The Washington
state patrol may conduct random spot checks of fire-fighting apparatus to
ensure compliance with overweight permit regulations. If a fire-fighting
apparatus is found to be not in compliance with overweight permit regulations,
the state patrol shall issue a violation notice to the fire department stating
this fact and prohibiting operation of the apparatus on city, county, and state
roadways.
(10) It is a traffic
infraction to continue to operate a fire-fighting apparatus on the roadways
after a violation notice has been issued. The following penalties apply:
(a) For a first
offense, the penalty will be no less than fifty dollars but no more than fifty
dollars;
(b) For a second
offense, the penalty will be no less than seventy-five dollars;
(c) For a third or
subsequent offense, the penalty will be no less than one hundred dollars.
(11) No
individual liability attaches to an employee or volunteer of the penalized fire
department.
