BILL REQ. #:  H-4252.1 

Read first time 01/26/2004.   Referred to Committee on Transportation.

     AN ACT Relating to reducing congestion during traffic emergencies; amending RCW 46.61.165 and 47.52.025; adding a new section to chapter 47.52 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 the central Puget Sound region ranks among the most congested metropolitan areas of the nation. The legislature further finds that the state department of transportation has in service over two hundred miles of high-occupancy vehicle lane miles in the region and it is imperative that those lanes be used to improve mobility within the region. It is the policy of the legislature to improve the effectiveness of the high-occupancy vehicle lanes by using the excess capacity of those lanes during periods of congestion caused by traffic emergencies.

Sec. 2   RCW 46.61.165 and 1999 c 206 s 1 are each amended to read as follows:
     The state department of transportation and the local authorities are authorized to reserve all or any portion of any highway under their respective jurisdictions, including any designated lane or ramp, for the exclusive or preferential use of public transportation vehicles or private motor vehicles carrying no fewer than a specified number of passengers when such limitation will increase the efficient utilization of the highway or will aid in the conservation of energy resources. Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all times or at specified times of day or on specified days except on state highways as provided in section 4 of this act. Violation of a restriction of highway usage prescribed by the appropriate authority under this section is a traffic infraction.

Sec. 3   RCW 47.52.025 and 1974 ex.s. c 133 s 1 are each amended to read as follows:
     Highway authorities of the state, counties, and incorporated cities and towns, in addition to the specific powers granted in this chapter, shall also have, and may exercise, relative to limited access facilities, any and all additional authority, now or hereafter vested in them relative to highways or streets within their respective jurisdictions, and may regulate, restrict, or prohibit the use of such limited access facilities by various classes of vehicles or traffic. Such highway authorities may reserve any limited access facility or portions thereof, including designated lanes or ramps for the exclusive or preferential use of public transportation vehicles, privately owned buses, or private motor vehicles carrying not less than a specified number of passengers when such limitation will increase the efficient utilization of the highway facility or will aid in the conservation of energy resources. Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all time or at specified times of day or on specified days except on state highways as provided in section 4 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 47.52 RCW to read as follows:
     For highways under its jurisdiction, the state department of transportation shall permit all vehicles, except those vehicles licensed for a weight in excess of ten thousand pounds gross vehicle weight, to use those lanes which are otherwise reserved for vehicles carrying a minimum number of occupants during periods of extreme traffic emergencies. An extreme traffic emergency is a period of traffic buildup caused by an unexpected situation. The department shall determine criteria when such an emergency should be declared and when it should end. The department shall use appropriate technology to notify the public when an emergency is in effect, including but not limited to public service radio announcements.