BILL REQ. #:  S-4331.2 

READ FIRST TIME 02/05/10.   

     AN ACT Relating to allowing certain private transportation providers to use certain public transportation facilities; amending RCW 46.61.100, 46.61.165, 47.04.290, and 47.52.025; adding a new section to chapter 47.04 RCW; and creating a new section.

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

Sec. 1   RCW 46.61.100 and 2007 c 83 s 2 are each amended to read as follows:
     (1) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
     (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
     (b) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
     (c) Upon a roadway divided into three marked lanes and providing for two-way movement traffic under the rules applicable thereon;
     (d) Upon a street or highway restricted to one-way traffic; or
     (e) Upon a highway having three lanes or less, when approaching a stationary authorized emergency vehicle, tow truck or other vehicle providing roadside assistance while operating warning lights with three hundred sixty degree visibility, or police vehicle as described under RCW 46.61.212(2).
     (2) Upon all roadways having two or more lanes for traffic moving in the same direction, all vehicles shall be driven in the right-hand lane then available for traffic, except (a) when overtaking and passing another vehicle proceeding in the same direction, (b) when traveling at a speed greater than the traffic flow, (c) when moving left to allow traffic to merge, or (d) when preparing for a left turn at an intersection, exit, or into a private road or driveway when such left turn is legally permitted. On any such roadway, a vehicle or combination over ten thousand pounds shall be driven only in the right-hand lane except under the conditions enumerated in (a) through (d) of this subsection.
     (3) No vehicle towing a trailer or no vehicle or combination over ten thousand pounds may be driven in the left-hand lane of a limited access roadway having three or more lanes for traffic moving in one direction except when preparing for a left turn at an intersection, exit, or into a private road or driveway when a left turn is legally permitted. This subsection does not apply to a vehicle using a high occupancy vehicle lane. A high occupancy vehicle lane is not considered the left-hand lane of a roadway. This subsection does not apply to: Public transportation vehicles; auto transportation company vehicles regulated under chapter 81.68 RCW; passenger charter carrier vehicles regulated under chapter 81.70 RCW, except marked or unmarked stretch limousines and stretch sport utility vehicles as defined under department rules; private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and private employer transportation service vehicles. The department of transportation, in consultation with the Washington state patrol, shall adopt rules specifying (a) those circumstances where it is permissible for other vehicles to use the left lane in case of emergency or to facilitate the orderly flow of traffic, and (b) those segments of limited access roadway to be exempt from this subsection due to the operational characteristics of the roadway.
     (4) It is a traffic infraction to drive continuously in the left lane of a multilane roadway when it impedes the flow of other traffic.
     (5) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, a vehicle shall not be driven to the left of the center line of the roadway except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (1)(b) of this section. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway.
     (6) For the purposes of this section, "private employer transportation service" means regularly scheduled, fixed-route transportation service that is offered by an employer for the benefit of its employees.

Sec. 2   RCW 46.61.165 and 1999 c 206 s 1 are each amended to read as follows:
     (1) 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, private transportation provider vehicles as described in subsections (2) and (3) of this section, 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.
     (2) When the reserved portion of a highway is based on the number of passengers in a vehicle, the following vehicles must be authorized to use the reserved portion of the highway if the vehicle has the capacity to carry eight or more passengers, regardless of the number of passengers in the vehicle: (a) Auto transportation company vehicles regulated under chapter 81.68 RCW; (b) passenger charter carrier vehicles regulated under chapter 81.70 RCW, except marked or unmarked stretch limousines and stretch sport utility vehicles as defined under department rules; (c) private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and (d) private employer transportation service vehicles.
     (3) If a portion of a highway is reserved for the exclusive or preferential use of public transportation vehicles, the following vehicles must also be authorized to use the reserved portion of the highway, provided that such use does not interfere with the safety of public transportation operations: (a) Auto transportation company vehicles regulated under chapter 81.68 RCW; (b) passenger charter carrier vehicles regulated under chapter 81.70 RCW, except marked or unmarked stretch limousines and stretch sport utility vehicles as defined under department rules; (c) private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and (d) private employer transportation service vehicles. However, when the reserved portion of the highway is a lane or lanes in a ferry terminal queuing or holding area, the state or local highway authority may consult with private transportation providers, as described under this subsection, and public transportation providers to negotiate otherwise.
     (4) Regulations authorizing such exclusive or preferential use of a highway facility under this section may be declared to be effective at all times or at specified times of day or on specified days.
     (5) Violation of a restriction of highway usage prescribed by the appropriate authority under this section is a traffic infraction.
     (6) For the purposes of this section, "private employer transportation service" means regularly scheduled, fixed-route transportation service that is offered by an employer for the benefit of its employees.

Sec. 3   RCW 47.04.290 and 2008 c 257 s 1 are each amended to read as follows:
     (1) Any local transit agency that has received state funding for a park and ride lot shall make reasonable accommodation for use of that lot by: Auto transportation companies regulated under chapter 81.68 RCW ((and)); passenger charter carriers regulated under chapter 81.70 RCW, except marked or unmarked stretch limousines and stretch sport utility vehicles as defined under department of licensing rules; private, nonprofit transportation providers regulated under chapter 81.66 RCW((, that intend to provide or already provide regularly scheduled service at that lot)); and private employer transportation service vehicles. The accommodation must be in the form of an agreement between the applicable local transit agency and the private ((transit)) transportation provider ((regulated under chapter 81.68 or 81.66 RCW)). The transit agency may require that the agreement include provisions to recover actual costs ((and fair market value)) for the use of the lot and its related facilities and to provide adequate insurance and indemnification of the transit agency, and other reasonable provisions to ensure that the private ((transit)) transportation provider's use does not unduly burden the transit agency. If the agreement includes provisions to recover actual costs, the private transportation provider is responsible to remit the full actual costs of park and ride lot use to the appropriate transit agency. A private transportation provider may recover actual costs associated with its park and ride lot use through parking fees charged to vehicle owners that are parked in a park and ride lot for the purpose of using the private transportation provider's service. No accommodation is required, and any agreement may be terminated, if the park and ride lot is at or exceeds ninety percent capacity during off-peak hours.
     (2) A local transit agency described under subsection (1) of this section may enter into a cooperative agreement with a taxicab company regulated under chapter 81.72 RCW in order to accommodate the taxicab company at the agency's park and ride lot, provided the taxicab company must agree to provide service with reasonable availability, subject to schedule coordination provisions as agreed to by the parties.
     (3) For the purposes of this section, "private employer transportation service" means regularly scheduled, fixed-route transportation service that is offered by an employer for the benefit of its employees.

Sec. 4   RCW 47.52.025 and 1974 ex.s. c 133 s 1 are each amended to read as follows:
     (1) 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, private transportation provider vehicles as described in subsections (2) and (3) of this section, 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 under this section be declared to be effective at all time or at specified times of day or on specified days.
     (2) When the reserved portion of a highway is based on the number of passengers in a vehicle, the following vehicles must be authorized to use the reserved portion of the highway if the vehicle has the capacity to carry eight or more passengers, regardless of the number of passengers in the vehicle: (a) Auto transportation company vehicles regulated under chapter 81.68 RCW; (b) passenger charter carrier vehicles regulated under chapter 81.70 RCW, except marked or unmarked stretch limousines and stretch sport utility vehicles as defined under department of licensing rules; (c) private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and (d) private employer transportation service vehicles.
     (3) If a portion of a highway is reserved for the exclusive or preferential use of public transportation vehicles, the following vehicles must also be authorized to use the reserved portion of the highway, provided that such use does not interfere with the safety of public transportation operations: (a) Auto transportation company vehicles regulated under chapter 81.68 RCW; (b) passenger charter carrier vehicles regulated under chapter 81.70 RCW, except marked or unmarked stretch limousines and stretch sport utility vehicles as defined under department of licensing rules; (c) private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and (d) private employer transportation service vehicles. However, when the reserved portion of the highway is a lane or lanes in a ferry terminal queuing or holding area, the state or local highway authority may consult with private transportation providers, as described under this subsection, and public transportation providers to negotiate otherwise.
     (4) For the purposes of this section, "private employer transportation service" means regularly scheduled, fixed-route transportation service that is offered by an employer for the benefit of its employees.

NEW SECTION.  Sec. 5   A new section is added to chapter 47.04 RCW to read as follows:
     When designing portions of a highway that are intended to be used as portions reserved for the exclusive or preferential use of public transportation vehicles, state and local jurisdictions shall consider whether the design will safely accommodate private transportation provider vehicles that are authorized to use the reserved portions under RCW 46.61.165 and 47.52.025.

NEW SECTION.  Sec. 6   If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.