SENATE BILL REPORT
SB 5846
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
As Reported by Senate Committee On:
Transportation, February 26, 2009
Title: An act relating to covering vehicular loads of dirt, sand, and gravel.
Brief Description: Addressing the covering of vehicular loads.
Sponsors: Senators Tom, Kohl-Welles and McDermott.
Brief History:
Committee Activity: Transportation: 2/25/09, 2/26/09 [DPS, DNP].
SENATE COMMITTEE ON TRANSPORTATION |
Majority Report: That Substitute Senate Bill No. 5846 be substituted therefor, and the substitute bill do pass.
Signed by Senators Haugen, Chair; Marr, Vice Chair; Swecker, Ranking Minority Member; Eide, Jacobsen, Jarrett, Kastama, Kauffman, Kilmer, King and Ranker.
Minority Report: Do not pass.
Signed by Senators Becker, Berkey, Delvin and Sheldon.
Staff: Natalie Zukowski (786-7307)
Background: Under current law, a vehicle operating on a paved public highway with a load of dirt, sand, or gravel must be covered to prevent spillage. However, loads are exempt from the cover requirement if six inches of freeboard is maintained within the bed. A violation of the covered load provision is a traffic infraction, punishable by a monetary penalty of $216.
Summary of Bill: The bill as referred to committee not considered.
Summary of Bill (Recommended Substitute): Any vehicle with a model year of 2011 or later, with a gross weight of 16,001 pounds or more, must cover all loads of dirt, sand, or gravel with a permanently affixed load covering device when traveling on a public highway. Exemptions for vehicles from covering loads of dirt, sand, or gravel are in response to emergency conditions such as natural disasters; when a road is closed for repair or emergency purposes; or dropping sand or de-icer for traction when instructed by state or local authorities.
A violation is a traffic infraction, punishable by a monetary penalty of $216. If the violation occurs in the course of a person's employment, the person's employer will be charged a monetary penalty of $1,000. The employer will not be charged a monetary penalty if the vehicle, prior to the violation, was equipped with a covering device and the person operating the vehicle failed to engage the cover when hauling a load on a public highway.
The six inch freeboard exception is eliminated January 1, 2014.
Section 1 of this bill expires January 1, 2014.
EFFECT OF CHANGES MADE BY TRANSPORTATION COMMITTEE (Recommended Substitute as Passed Committee): Changes 10,000 pounds or more from the first proposed substitute to 16,001 pounds or more.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed, except Section 2 of this bill which takes effect January 1, 2014.
Staff Summary of Public Testimony on Proposed Substitute as Heard in Committee: PRO: The covered loads issue has been around for a long time and this is an agreeable solution to most stakeholders. Some companies are already covering all of their loads with automatic or manual covers.
OTHER: There are concerns that the gross weight is too small; being penalized if a tarp is damaged and someone could not adequately cover their load; and the penalty for the driver and the employers should be uniform.
Persons Testifying: PRO: Bruce Chattin, Washington Aggregate and Concrete; Rico Baroga, Washington State Department of Transportation; Scott Hazelgrove, CADMAN.
OTHER: Rick Slunaker, Association of General Contractors.