| Passed by the Senate March 7, 2006 YEAS 46 ________________________________________ President of the Senate Passed by the House February 28, 2006 YEAS 97 ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6528 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2006 Regular Session |
READ FIRST TIME 01/23/06.
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. In issuing the permits, the
department shall insure that the maximum practicable number of
different individuals and entities receive permits, and that no one
entity, to the extent practicable, is the sole permit holder for a
particular location. The department may charge a fee no greater than
fifty dollars 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 shall adopt rules to
implement this section, including requiring permittees to wear
reflective clothing and use appropriate signage.
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.