Z-896                 _______________________________________________

                                                   SENATE BILL NO. 5211

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Metcalf and Rasmussen; by request of Department of Ecology and Washington State Patrol

Read first time 1/18/89 and referred to Committee on Environment & Natural Resources.

AN ACT Relating to the containment of waste materials; and amending RCW 46.61.655.

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

        Sec. 1.  Section 46.56.135, chapter 12, Laws of 1961 as last amended by section 1, chapter 89, Laws of 1986 and RCW 46.61.655 are each amended to read as follows:

          (1) No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction.  Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.

          (2) No person may operate on any public highway any vehicle with any load unless the load and such covering as required thereon ((be [by])) by subsection (3) of this section is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.

          (3) Any vehicle operating on a paved public highway with a load of dirt, sand, ((or)) gravel, or any other waste materials susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage.  Covering of such loads is not required if six inches of freeboard is maintained within the bed and the material is not capable of becoming loose, detached from, or blowing out of the vehicle.

          (4) Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway.

          (5) ((The legislative transportation committee shall monitor the effects of subsections (2) through (4) of this section after June 11, 1986, until January 1, 1987, to determine if modifications to this section are necessary.

          (6) The commission on equipment)) The Washington state patrol may make necessary rules to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods, and practices to effectuate such provisions.

          (((7))) (6) Nothing in this section may be construed to prohibit a public maintenance vehicle from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.