S-4370               _______________________________________________

                                                   SENATE BILL NO. 6700

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Patterson, Metcalf, DeJarnatt, Amondson, Benitz, Newhouse, Sellar, Hansen, Conner and Madsen

Read first time 1/22/90 and referred to Committee on  Transportation.

AN ACT Relating to exemption of recyclable materials from motor freight carrier regulation; and amending RCW 81.80.040.

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

        Sec. 1.  Section 81.80.040, chapter 14, Laws of 1961 as last amended by section 1, chapter 171, Laws of 1984 and RCW 81.80.040 are each amended to read as follows:

          The provisions of this chapter, except where specifically otherwise provided, and except the provisions providing for licenses, shall not apply to:

          (1) Motor vehicles when operated in transportation exclusively within the corporate limits of any city or town of less than ten thousand population unless contiguous to a city or town of ten thousand population or over, nor between contiguous cities or towns both or all of which are less than ten thousand population;

          (2) Motor vehicles when operated in transportation wholly within the corporate limits of cities or towns of ten thousand or more but less than thirty thousand population, or between such cities or towns when contiguous, as to which the commission, after investigation and the issuance of an order thereon, has determined that no substantial public interest exists which requires that such transportation be subject to regulation under this chapter;

          (3) Motor vehicles when transporting exclusively the United States mail or in the transportation of newspapers or periodicals;

          (4) Motor vehicles owned and operated by the United States, the state of Washington, or any county, city, town, or municipality therein, or by any department of them, or either of them;

          (5) Motor vehicles specially constructed for towing disabled vehicles or wrecking and not otherwise used in transporting goods for compensation;

          (6) Motor vehicles normally owned and operated by farmers in the transportation of their own farm, orchard, or dairy products, including livestock and plant or animal wastes, from point of production to market, or in the infrequent or seasonal transportation by one farmer for another farmer, if their farms are located within twenty miles of each other, of products of the farm, orchard, or dairy, including livestock and plant or animal wastes, or of supplies or commodities to be used on the farm, orchard, or dairy;

          (7) Motor vehicles when transporting exclusively water in connection with construction projects only;

          (8) Motor vehicles of less than 8,000 pounds gross vehicle weight when transporting exclusively legal documents, pleadings, process, correspondence, depositions, briefs, medical records, photographs, books or papers, cash or checks, when moving shipments of the documents described at the direction of an attorney as part of providing legal services;

(9) Motor vehicles when transporting exclusively recovered materials from a centralized collection point to a reprocessing facility or to an end-use manufacturing site.  Recovered materials means those commodities that are collected for recycling or reuse, such as papers, glass, aluminum, plastics, metals, yard waste, used oil, and tires, that if not collected for recycling would otherwise be destined to disposal or incineration.

It is unlawful for any motor vehicle transporting recovered materials to perform a transportation service for compensation upon the public highways of this state without first having registered with the commission.  The registration shall be granted upon application, without hearing, and upon payment of the appropriate filing fee prescribed by this chapter for other applications for operating authority, including payment of the annual regulatory fee imposed by RCW 81.80.320.  The carriers are subject to the safety of operations and insurance requirements of the commission.