AN ACT relating to overdimensional load escort services; amending RCW 46.20.045, 46.20.440, 46.20.450, and 46.20.460; adding a new section to chapter 46.04 RCW; adding new sections to chapter 46.44 RCW; and creating new sections.

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. 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. 3. 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 by the Washington Administrative Code, 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. 4. A new section is added to chapter 46.04 RCW to read as follows:

As used in Title 46 RCW, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Escort driver" mean a person operating an escort vehicle, as defined in chapter 468-38 WAC, 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.

(2) "Escort vehicle" means a motor vehicle, as defined in chapter 468-38 WAC, which 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.

Sec. 5. 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.

Sec. 6. Section 1, chapter 20, Laws of 1967 ex. sess. as last amended by section 1, chapter 114, Laws of 1980 and RCW 46.20.440 are each amended to read as follows:

It is unlawful for a person to operate upon the public highway any motor-truck, truck-tractor, school bus, auto stage, for hire vehicle, ((or)) private carrier bus, or an escort vehicle while accompanying an overdimensional or specially regulated load as defined by RCW 46.04.310, 46.04.650, 46.04.521, 46.04.050, 46.04.190, ((~~and~~)) 46.04.416, and section 4 of this act respectively, found by the director to require special operating skills as hereafter provided, unless the driver has successfully completed an examination, in addition to the examinations in RCW 46.20.130, demonstrating the ability of the driver to operate and maneuver the vehicle or vehicles upon the public highway in a manner not to jeopardize the safety of persons or property: PROVIDED, That this requirement does not apply to any person hauling farm commodities from the farm to the processing plant or shipping point, not to exceed a radius of fifty miles from the farm.

The director may issue an instruction permit to an applicant for a period not to exceed one hundred eighty days. This instruction permit may be renewed for one additional one hundred eighty-day period. The director shall collect a two dollars and fifty cent fee for the instruction permit or renewal, and the fee shall be deposited in the highway safety fund.

The director shall upon completion of such tests specially endorse the driver's license of the applicant to indicate the type of vehicle qualifications met.

Sec. 7. Section 2, chapter 20, Laws of 1967 ex. sess. and RCW 46.20.450 are each amended to read as follows:

The director shall, pursuant to chapter ((~~34.04~~)) 34.05 RCW, hold public hearings to adopt rules and regulations and standards and specifications pertaining to:

(1) A determination of what types of vehicles require special skills for the operation thereof, taking into consideration the extent to which a special knowledge of traffic laws pertaining to the type of vehicle and a special ability to maneuver such vehicles is necessary for the safe operation of the vehicle both alone and in relationship to other types of vehicles on the road;

(2) The establishment of reasonable classifications within one vehicle category or among several categories for the purpose of either requiring or not requiring a special skill test;

(3) The establishment of the type of examinations to be given, taking into consideration that certain categories of equipment may require a more comprehensive testing than others. The director may, however, allow the substitution of a training course or examination given by common carriers or other persons in lieu of the department's examination, if it meets the standards required by the department: PROVIDED, That no examination waiver may be granted for escort driver certification.

Sec. 8. Section 3, chapter 20, Laws of 1967 ex. sess. as last amended by section 2, chapter 126, Laws of 1971 ex. sess. and RCW 46.20.460 are each amended to read as follows:

The director may in lieu of the special examination required in RCW 46.20.440 waive the requirement as to:

(1) Any person who is engaged in driving on the public highways a vehicle or vehicles classified pursuant to RCW 46.20.450; if

(a) His employer certifies that the applicant is well qualified by previous driving experience to operate the type of vehicle or vehicles covered by the special endorsement for which he has applied; or

(b) A self-employed driver who has been engaged in driving a vehicle or vehicles for a minimum of one year on the public highways and has passed a department approved driver training course or examination and/or his driving record on file with the department indicates that he is a safe and careful driver;

(c) Where by contract, written or implied, a labor union is required upon notice to furnish qualified and competent drivers, the department may accept the certification of the dispatching union official that the driver is qualified and competent to drive the particular equipment.

(2) Any driver who cannot qualify under subsection (1) of this section; if

(a) His employer certifies that he has satisfactorily completed a training course given by his employer which course has been approved by the director; or

(b) He is a self-employed person who furnishes a certificate that he has satisfactorily completed a course that may be given by a person or persons who have given a training course or examination approved by the director.

The director may, however, notwithstanding subsections (1) and (2) of this section require the examination to be given by the department in any case where the applicant's driving record indicates that he has violated the traffic laws to an extent that it is in the public interest to require said examination: PROVIDED, That no examination waiver may be granted for escort driver certification.

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 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, escort vehicle operator's licensing requirements, or escort vehicle operator's insurance requirements is a traffic infraction.

NEW SECTION. Sec. 11. The state department of licensing and the state department of transportation shall jointly establish a testing program for escort vehicle operators. The testing program shall be operational six months from the effective date of this act.

One year from the effective date of this act, all escort drivers shall be certified under section 3 of this act before accompanying any overdimensional or specially permitted load.

NEW SECTION. Sec. 12. 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.