H-1869              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1257

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By House Committee on Transportation (originally sponsored by Representatives Gallagher, S. Wilson, Baugher, Crane, R. Meyers, Day, Cantwell, Walk, Haugen and R. Fisher)

Read first time 2/27/89.

AN ACT Relating to overdimensional load escort services; amending RCW 46.20.045; reenacting and amending RCW 46.63.020; adding a new section to chapter 46.01 RCW; adding new sections to chapter 46.04 RCW; adding new sections to chapter 46.20 RCW; adding new sections to chapter 46.44 RCW; adding a new section to chapter 46.61 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1.     The legislature recognizes that, when properly conducted, overdimensional load escort services provide benefits to the public, to the manufactured housing, boating, construction, and other industries who have an occasional need to transport overdimensional loads.

          In the past, the only requirements of drivers who provided escort services upon the highways of the state of Washington was that they drive a vehicle clearly visible to the motoring public. Recently, minimum standards for overdimensional escort vehicles and equipment have been placed into the Washington Administrative Code.  There are, however, no state minimum standards for the operators of overdimensional escort vehicles.  The legislature finds that it is in the best interest of the people of the state of Washington to establish an escort driver testing and certification program.

          The purpose of testing and certifying escort drivers is to promote a clear understanding of proper escort operations.  Specific objectives of the certification program are to:  Enhance the safety of the traveling public; enhance the safety of persons involved in the movement of the overdimensional load; prevent damage to the highway system or to the load being transported; reduce undue delay to the normal flow of traffic; ensure that the industry's safe transportation record will continue; prevent increases in insurance costs; provide security from costly suits; and encourage uniform escort operations.

NEW SECTION. Sec. 2.  A new section is added to chapter 46.04 RCW to read as follows:

          "Escort driver" means a person authorized to regulate traffic flow while operating an escort vehicle, required by the state, county, city, or any political subdivision thereof, to accompany an overdimensional or otherwise specially regulated load while on the highways of the state of Washington.

NEW SECTION. Sec. 3.  A new section is added to chapter 46.04 RCW to read as follows:

          "Escort vehicle" means a motor vehicle that is legally and properly equipped and is required by the state, county, city, or any political subdivision thereof, to accompany an overdimensional or otherwise specially regulated load while on the highways of the state of Washington.

NEW SECTION. Sec. 4.  A new section is added to chapter 46.20 RCW to read as follows:

          Escort drivers are not required to be certified if:

          (1)  They are commissioned police officers;

          (2)  The escorts are for military convoys or for federal, state, or other political subdivision vehicles; or

          (3)  The escort driver is based in another state that does not require certification and is engaged in moving an interstate load either leaving or entering the state of Washington, as long as the escort vehicle complies with state of Washington rules governing escort vehicles.

NEW SECTION. Sec. 5.  A new section is added to chapter 46.20 RCW to read as follows:

          Every person escorting overdimensional loads on state of Washington highways must:

          (1)  Have a valid Washington state driver's license or valid license in the jurisdiction in which he or she is a resident;

          (2)  Comply with the permit policy, regulations, Washington state pilot car equipment regulations, and Washington state traffic laws;

          (3)  Have passed the escort driver's certification test, or, in the case of a transient escort driver from out of state involved in an interstate transport, have proof of certification from his or her resident state, if certification is required by that state, and produce such proof upon demand;

          (4)  Carry proof of current insurance, of a kind and amount prescribed in section 8 of this act, with any escort vehicle, and display such proof at the request of any police officer, regulatory officer, or agent of the state department of transportation.

NEW SECTION. Sec. 6.  A new section is added to chapter 46.20 RCW to read as follows:

          (1) The department shall administer the escort driver certification test and issue a certificate to a person who successfully completes the examination.  No examination waiver may be granted for escort drivers.

          (2) The department shall collect a fee of ten dollars for each escort driver certification test administered.  Five dollars shall be deposited in the highway safety fund, and five dollars shall be deposited in the motor vehicle fund.

        Sec. 7.  Section 6, chapter 121, Laws of 1965 ex. sess. as amended by section 43, chapter 292, Laws of 1971 ex. sess. and RCW 46.20.045 are each amended to read as follows:

          No person who is under the age of eighteen years shall drive any school bus transporting school children ((or shall drive)), any motor vehicle when in use for the transportation of persons for compensation, or an escort vehicle while accompanying an overdimensional or specially regulated load.

NEW SECTION. Sec. 8.  A new section is added to chapter 46.44 RCW to read as follows:

          (1) It is unlawful for a person to operate an escort vehicle without maintaining insurance for the escort vehicle in the minimum amounts of:

          (a) One hundred thousand dollars for bodily injury to or death of one person in any one accident;

          (b) Three hundred thousand dollars for bodily injury to or death of two or more persons in any one accident; and

          (c) Fifty thousand dollars for damage to or destruction of property of others in any one accident.

          (2) Failure to maintain the insurance as required by this section is a gross misdemeanor.  Failure to carry or disclose the evidence of the insurance is a misdemeanor.

NEW SECTION. Sec. 9.  A new section is added to chapter 46.44 RCW to read as follows:

          (1) A police officer may require the driver of any escort vehicle accompanying any overdimensional or specially permitted load to stop and submit to:

          (a) An inspection of the escort vehicle for equipment; and

          (b) An inspection of the escort vehicle operator's license and proof of escort driver certification and insurance.

          (2) A police officer may, upon inspecting an escort vehicle and escort vehicle operator, determine that the vehicle or vehicle operator is in violation of the law and, in addition to any other penalty provided, require the driver to stop the vehicle in a suitable place and remain standing until any deficiencies are corrected.

NEW SECTION. Sec. 10.  A new section is added to chapter 46.44 RCW to read as follows:

          Violation of escort vehicle equipment standards or escort vehicle operator's licensing or certification requirements is a traffic infraction.

NEW SECTION. Sec. 11.  A new section is added to chapter 46.61 RCW to read as follows:

          Upon any public highway, the driver of a vehicle shall yield the right of way to an authorized escort vehicle or escort driver engaged in accompanying an overdimensional or otherwise specially regulated load whenever the escort vehicle or driver displays signing and flashing lights as required by the state, county, city, or any political subdivision.

NEW SECTION. Sec. 12.  A new section is added to chapter 46.01 RCW to read as follows:

          The state department of licensing and the state department of transportation shall jointly establish a testing program for escort vehicle operators.  The department of transportation shall publish an escort vehicle pamphlet covering rules pertaining to escort drivers and vehicle equipment.  The pamphlet shall be made reasonably available to the public.

        Sec. 13.  Section 3, chapter 186, Laws of 1986 as amended by section 2, chapter 181, Laws of 1987, by section 55, chapter 244, Laws of 1987, by section 6, chapter 247, Laws of 1987 and by section 11, chapter 388, Laws of 1987 and RCW 46.63.020 are each reenacted and amended to read as follows:

          Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

          (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

          (2) RCW 46.09.130 relating to operation of nonhighway vehicles;

          (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

          (4) RCW 46.10.130 relating to the operation of snowmobiles;

          (5) Chapter 46.12 RCW relating to certificates of ownership and registration;

          (6) RCW 46.16.010 relating to initial registration of motor vehicles;

          (7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

(8) RCW 46.16.160 relating to vehicle trip permits;

          (((8) RCW 46.16.011 relating to permitting unauthorized persons to drive;))

          (9) RCW 46.16.381(8) relating to unauthorized acquisition of a special decal, license plate, or card for disabled persons' parking;

          (10) RCW 46.20.021 relating to driving without a valid driver's license;

          (11) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

          (12) RCW 46.20.342 relating to driving with a suspended or revoked license;

          (13) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

          (14) RCW 46.20.416 relating to driving while in a suspended or revoked status;

          (15) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

          (16) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

          (17) Chapter 46.29 RCW relating to financial responsibility;

          (18) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

          (19) Section 8 of this act relating to operation of escort vehicles;

(20) RCW 46.48.175 relating to the transportation of dangerous articles;

          (((20))) (21) RCW 46.52.010 relating to duty on striking an unattended car or other property;

          (((21))) (22) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

          (((22))) (23) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

          (((23))) (24) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

          (((24))) (25) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

          (((25))) (26) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

          (((26))) (27) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

          (((27))) (28) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

          (((28))) (29) RCW 46.61.022 relating to failure to stop and give identification to an officer;

          (((29))) (30) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

          (((30))) (31) RCW 46.61.500 relating to reckless driving;

          (((31))) (32) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

          (((32))) (33) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

          (((33))) (34) RCW 46.61.522 relating to vehicular assault;

          (((34))) (35) RCW 46.61.525 relating to negligent driving;

          (((35))) (36) RCW 46.61.530 relating to racing of vehicles on highways;

          (((36))) (37) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

          (((37))) (38) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

          (((38))) (39)  RCW 46.64.020 relating to nonappearance after a written promise;

          (((39))) (40) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

          (((40))) (41) Chapter 46.65 RCW relating to habitual traffic offenders;

          (((41))) (42) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

          (((42))) (43) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

          (((43))) (44) Chapter 46.80 RCW relating to motor vehicle wreckers;

          (((44))) (45) Chapter 46.82 RCW relating to driver's training schools;

          (((45))) (46) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

          (((46))) (47) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

NEW SECTION. Sec. 14.    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.