BILL REQ. #:  Z-0754.4 

Read first time 01/13/2006.   Referred to Committee on Transportation.

     AN ACT Relating to authorization for the department of transportation to allow roadside tire chain installation and removal businesses on state highway rights of way; amending RCW 47.32.120; and adding a new section to chapter 47.04 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 47.04 RCW to read as follows:
     The department may issue written permits authorizing permittees to install or remove tire chains on motor vehicles with the following conditions:
     (1) Chains may only be installed or removed at locations designated in the permit;
     (2) Permittees must comply with terms and conditions in the permit relating to the safe and orderly movement of traffic; and
     (3) Permittees may charge a fee to drivers for their services.
     The department may issue sufficient permits for the installation or removal of tire chains that it finds necessary or desirable to accommodate the demand for those services consistent with the maximum convenience and safety to traffic. The department may charge a fee to permittees for the issuance of permits. The department, in issuing a permit for the installation or removal of tire chains, assumes no responsibility for the actions, inactions, competence, or reliability of the permittee in performing those services and shall not be liable for the damages relating to acts or omissions of the permittees. The department may adopt rules to implement this section.

Sec. 2   RCW 47.32.120 and 1984 c 7 s 183 are each amended to read as follows:
     Except as provided in section 1 of this act, it is unlawful for any person to erect a structure or establishment or maintain a business, the nature of which requires the use by patrons or customers of property adjoining the structure or establishment unless the structure or establishment is located at a distance from the right of way of any state highway so that none of the right of way thereof is required for the use of the patrons or customers of the establishment. Any such structure erected or business maintained that makes use of or tends to invite patrons to use the right of way or any portion thereof of any state highway by occupying it while a patron is a public nuisance, and the department may fence the right of way of the state highway to prevent such unauthorized use thereof.