BILL REQ. #:  H-0102.1 

Read first time 01/22/09.   Referred to Committee on Transportation.

     AN ACT Relating to traffic control at thoroughfare work sites; and amending RCW 47.36.200.

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

Sec. 1   RCW 47.36.200 and 2006 c 331 s 1 are each amended to read as follows:
     (1) When construction, repair, ((or)) maintenance, or utility work is conducted on or adjacent to a public highway, county road, street, bridge, trail, sidewalk, or other thoroughfare commonly traveled ((and)), the needs and control of all users of the public highway, county road, street, bridge, trail, or sidewalk, or other thoroughfare users, including motorists, bicyclists, and pedestrians within the thoroughfare, and persons with disabilities in accordance with the Americans with disabilities act of 1990 (28 C.F.R. Sec. 35.130), must be an essential part of the construction, repair, maintenance, or utility work. When the work interferes with the normal and established mode of travel on the highway, county road, street, bridge, trail, sidewalk, or thoroughfare, the location ((shall)) must be properly posted by prominently displayed signs or flagmen or both. When passage of the highway, county road, street, bridge, trail, sidewalk, or thoroughfare is closed to any user, the location must be posted with detour signs that direct the user to safe alternate routes of reasonable distance. Signs used for posting in such ((an)) areas ((shall)) must be consistent with the provisions found in the state of Washington "Manual on Uniform Traffic Control Devices for Streets and Highways" obtainable from the department of transportation. If safe alternate routes of reasonable distance cannot be provided for bicyclists and pedestrians, (a) public notice must be placed at the site for a minimum of one week in advance of the work or (b) arrangements must be made to transport bicyclists and pedestrians past the construction, repair, maintenance, or utility zone.
     (2) If the construction, repair, ((or)) maintenance, or utility work includes or uses grooved pavement, abrupt lane edges, steel plates, or gravel or earth surfaces, the construction, repair, ((or)) maintenance, or utility zone must be posted with signs stating the condition, as required by current law, and in addition, must warn motorcyclists of the potential hazard only if the hazard or condition exists on a paved public highway, county road, street, bridge, or other thoroughfare commonly traveled. For the purposes of this subsection, the department shall adopt by rule a uniform sign or signs for this purpose, including at least the following language, "MOTORCYCLES USE EXTREME CAUTION."
     (3) Any contractor, firm, corporation, political subdivision, or other agency performing such work shall comply with this section.
     (4) Each driver of a motor vehicle used in connection with such construction, repair, ((or)) maintenance, or utility work shall obey traffic signs posted for, and flaggers stationed at such location in the same manner and under the same restrictions as is required for the driver of any other vehicle.
     (5) A violation of or a failure to comply with this section is a misdemeanor. Each day upon which there is a violation, or there is a failure to comply, constitutes a separate violation.