Purpose: Brings current practices into compliance with rule. Current practices were initiated for safety to the motoring public and to reduce interference with traffic during high volume periods.

Citation of Existing Rules Affected by this Order: Amending WAC 468-38-260.

Statutory Authority for Adoption: RCW 46.44.090.

Adopted under notice filed as WSR 98-08-090 on April 1, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule:

concise explanatory statement

1. Identify reasons for adopting rule: In the interest of public safety, the department had adopted a practice contrary to the preemergency amended rule. The emergency revision brought the rule and practice into alignment.

2. Describe differences between text of proposed rule as published in the Register and text of rule as adopted (other than editing changes) stating reasons for differences: The preemergency rule prohibited over-dimensional moves at night. At the time the rule was developed, it was believed that visibility of the move was the primary reason for restricting them to daylight hours only. Subsequently, visibility has been determined to be a nonissue due to lighting and escort vehicle requirements. It is now believed that greater public safety can be achieved by scheduling certain moves during low traffic volume hours, particularly late at night or early morning during hours of darkness. This is reserved for extremely large loads where there is a specified route and a specified time window.

3. Summarize all comments received regarding the proposed rule and respond to comments by category or subject matter, indicating how the final rule reflects agency consideration of the comments, or why it fails to do so: This revision was unanimously recommended by a process improvement team reviewing the motor carrier services permitting processes. Included on the team were representatives from the Washington State Patrol and the motor carrier industry.

The rule has been in place on an emergency basis since January 30, 1998. There have been no negative or otherwise opposing comments from the public, or any other source, regarding the rule implementation, or its subsequent permanent adoption.

4. Describe any remaining public opposition to the rule: None known.

5. Documentation pertaining to this rule have been furnished to the rules coordinator for inclusion in the rule-making docket: Yes.

Effective Date of Rule: June 1, 1998.

May 29, 1998

Gerald E. Smith

Deputy Secretary, Operations

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.]