H-1075              _______________________________________________

                                                    HOUSE BILL NO. 704

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Sayan and C. Smith

Read first time 2/6/87 and referred to Committee on Transportation.

AN ACT Relating to overweight vehicle enforcement; and amending RCW 46.44.100.

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

        Sec. 1.  Section 46.44.100, chapter 12, Laws of 1961 as last amended by section 2, chapter 148, Laws of 1971 ex. sess. and RCW 46.44.100 are each amended to read as follows:

          Any police officer is authorized to require the driver of any vehicle or combination of vehicles to stop and submit to a weighing of the same either by means of a portable or stationary scale and may require that such vehicle be driven to the nearest public scale.

          Whenever a police officer, upon weighing a vehicle and load, as above provided, determines that the weight is unlawful, such officer may, in addition to any other penalty provided, require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle to such limit as permitted under this chapter:  PROVIDED, That in the event such vehicle is loaded with grain or other perishable commodities, the driver shall be permitted to proceed without removing any of such load, unless the gross weight of the vehicle and load exceeds by more than ten percent the limit permitted by this chapter.  All materials unloaded shall be cared for by the owner or operator of such vehicle at the risk of such owner or operator.

          It shall be unlawful for any driver of a vehicle to fail or refuse to stop and submit the vehicle and load to a weighing, or to fail or refuse, when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply with the provisions of this section.  If the driver of a vehicle is unable to weigh the vehicle because a public scale is closed and no access to the scale is provided, the driver may not be penalized for operation of an overweight vehicle for twenty-four hours thereafter or within one hundred miles of the inoperative scale.