H-1301              _______________________________________________

                                                    HOUSE BILL NO. 801

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Valle, Allen, Walk, Heavey, Rayburn, Miller, Betrozoff and Todd

Read first time 2/9/87 and referred to Committee on Transportation.

AN ACT Relating to transportation of hazardous materials; and amending RCW 46.48.170.

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

        Sec. 1.  Section 46.48.170, chapter 12, Laws of 1961 as amended by section 1, chapter 20, Laws of 1980 and RCW 46.48.170 are each amended to read as follows:

          The Washington state patrol acting by and through the chief of the Washington state patrol shall have the authority to adopt and enforce the regulations promulgated by the United States department of transportation, Title 49 CFR parts 100 through 199, transportation of hazardous materials, as these regulations apply to motor carriers.  "Motor carrier" means any person engaged in the transportation of passengers or property operating interstate and intrastate upon the public highways of this state, except farmers.  The chief of the Washington state patrol shall confer with the committee created by RCW 46.48.190 and may make rules and regulations pertaining thereto, sufficient to protect persons and property from unreasonable risk of harm or damage.  The chief of the Washington state patrol and the committee shall establish such additional rules not inconsistent with Title 49 CFR parts 100 through 199, transportation of hazardous materials, which for compelling reasons make necessary the reduction of risk associated with the transportation of hazardous materials.  No such rules may lessen a standard of care; however, the chief of the Washington state patrol may after conferring with the committee establish a rule imposing a more stringent standard of care.

Drivers for motor carriers transporting hazardous materials shall successfully complete a special driver's training course provided by the industry for the type of hazardous materials being carried.  The course shall cover handling, loading, evacuation, and emergency care procedures.  The driver shall carry in his possession a certified document showing successful completion of the hazardous materials course for the type of hazardous materials being carried.

          The chief of the Washington state patrol shall appoint the necessary qualified personnel to carry out the provisions of RCW 46.48.170 through 46.48.190.