WSR 98-08-090
PROPOSED RULES
DEPARTMENT OF TRANSPORTATION
[Filed April 1, 1998, 9:31 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-04-043
Title of Rule: WAC 468-38-260 Night-time movements
Purpose: Brings current practices into compliance with rule. Current practice was initiated for safety to the motoring public and reduce interference with traffic during higher volume times
Other Identifying Information: Filed as an emergency rule change on January 30, 1998
Statutory Authority for Adoption: RCW 46.44.090
Summary: Allows for certain over-legal move to be performed during night-time hours. Moves are restricted to department preferred hours and routes and in compliance with published curfew hours
Reasons Supporting Proposal: Reduces risk to motoring public and reduces interference with traffic flow during higher volume hours
Name of Agency Personnel Responsible for Drafting and Implementation: Barry Diseth, Washington State Department of Transportation, Olympia, (360) 664-9497; and Enforcement: Capt. Tim Erickson, Washington State Patrol, Olympia, (360) 753-0350
Name of Proponent: Washington State Department of Transportation, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Allows for certain over-legal move to be performed during night-time hours. Moves are restricted to department preferred hours and routes and in compliance with published curfew hours.
Reduces risk to motoring public and reduces interference with traffic flow during higher volume hours
Proposal Changes the Following Existing Rules: Eliminates reference to ten foot wide limit and allows movement at department discretion. Also clarifies when no movement shall be made (i.e. visibility reduced to five hundred feet or when roadway conditions are hazardous, including snow, ice, mud, wind or water flooding)
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Transportation Building, Commission Board Room, 1D2, Olympia, Washington 98504, on May 29, 1998, at 9:00 a.m
Assistance for Persons with Disabilities: Contact TDD (360) 705-6980, by May 26, 1998
Submit Written Comments to: Barry Diseth, Motor Carrier Services, P.O. Box 47367, Olympia, WA 98504-7367, FAX (360) 664-9440, by May 26, 1998
Date of Intended Adoption: May 29, 1998
March 31, 1998
Gerald E. Smith
Deputy Secretary Operations
OTS-2016.1
AMENDATORY SECTION (Amending Order 132, filed 11/2/92, effective 12/3/92)
WAC 468-38-260 Night-time movements. Vehicles or
combinations operating under special motor vehicle permits that
are overweight and/or overdimensional((, not exceeding ten feet
wide or one hundred feet long, and of legal height)) may be
permitted to move at night on state highways ((during normal
atmospheric conditions)), subject to department preferred
hours/routes of travel, and in compliance with published curfew
restrictions. "Night-time movement approved" must be stated on
the permit. Night means one-half hour after sunset to one-half
hour before sunrise. Those oversize loads that are allowed to
move at night shall have lighting equipment as required by the
Code of Federal Regulations, Title 49, part 393.11. No movements
shall be made when visibility is reduced to less than ((one
thousand)) five hundred feet or when hazardous roadway conditions
exist (including, but not limited to: Snow, ice, mud slide, wind
or water flooding over roadway). It shall be the responsibility
of the permittee to discontinue movement and remove the unit from
the highway when any of the above conditions exist which could
create an unsafe movement.
[Statutory Authority: RCW 46.44.090. 92-22-074 (Order 132), § 468-38-260, filed 11/2/92, effective 12/3/92. Statutory Authority: RCW 46.44.090 and 47.01.071. 91-10-023 and 91-10-054 (Orders 71 and 71A), § 468-38-260, filed 4/23/91 and 4/29/91, effective 5/24/91 and 5/30/91. Statutory Authority: RCW 46.44.090. 89-23-110 (Order 68), § 468-38-260, filed 11/22/89, effective 12/23/89; 82-18-010 (Order 31, Resolution No. 156), § 468-38-260, filed 8/20/82. Formerly WAC 468-38-290. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-260, filed 12/20/78. Formerly WAC 252-24-333.]