Preproposal statement of inquiry was filed as WSR 98-11-036.

Title of Rule: WAC 204-10-020 Lighting devices.

Purpose: To define acceptable type and use of additional hazard strobe lamps used by transit companies for public safety.

Statutory Authority for Adoption: RCW 46.37.005 and 46.37.320.

Summary: Transit companies expressed the desire to have the option of using additional hazard strobe lamps for public safety. This amendment will define acceptable type and use of these devices.

Reasons Supporting Proposal: Increased visibility and public safety.

Name of Agency Personnel Responsible for Drafting and Implementation: Ms. Carol Morton, P.O. Box 42635, Olympia, WA, (360) 412-8934; and Enforcement: Captain Marshall Pugh, P.O. Box 42614, Olympia, WA, (360) 753-0302.

Name of Proponent: Washington State Patrol, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Transit companies expressed the desire to have the option of using additional hazard strobe lamps for public safety. A pilot program was tested and the results were favorable. This amendment will define acceptable type and use of these devices.

Proposal Changes the Following Existing Rules: Amends WAC 204-10-020 to define acceptable type and use of additional hazard strobe lamps on municipal transit vehicles for public safety.

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: Washington State Patrol, Commercial Vehicle Division Conference Room, General Administration Building, Olympia, Washington 98504, on August 25, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Ms. Kendra Hensley by August 18, 1998, (360) 753-0678.

Submit Written Comments to: Ms. Carol Morton, fax (360) 493-9090, by August 18, 1998.

Date of Intended Adoption: August 26, 1998.

July 14, 1998

Annette M. Sandberg

Chief

AMENDATORY SECTION (Amending WSR 98-04-053, filed 1/30/98, effective 3/2/98)

WAC 204-10-020  Lighting devices. Aftermarket neon lighting devices may not be used on motor vehicles while they are in motion on public roadways.

(1) Federal Motor Vehicle Safety Standard 108 is hereby adopted by reference as the standard for the following aftermarket lighting devices:

(a) Headlamps (shall be white only) (SAE J578)

(b) Taillamps

(c) Stoplamps

(d) License plate lamps

(e) Turn signal lamps

(f) Side marker lamps

(g) Intermediate side marker lamps

(h) Backup lamps

(i) Identification lamps

(j) Clearance lamps

(k) Parking lamps

(l) Reflex reflectors

(m) Intermediate reflex reflectors

(n) Intermediate side reflex reflectors

(o) Intermediate side marker reflectors

(p) Turn signal operating units

(q) Turn signal flashers

(r) Vehicular hazard warning signal operating units

(s) Vehicular hazard warning signal flashers

(2) Canadian Standards Association Standard D106.2 is hereby adopted by reference as the standard for the following lighting devices:

(a) Aftermarket headlamps (quartz-halogen nonsealed beam - shall be white only).

(i) Motorcycle headlamps may comply with either Federal Motor Vehicle Safety Standard 108 or Canadian Standard D106.2.

(b) Fog lamps. Fog lamps may comply with either Standard D106.2 or SAE Standard J583 as set forth in subsection (3)(a) of this section.

(3) Society of Automotive Engineers standards are hereby adopted by reference as the standard for the following lighting devices:

(a) Fog lamps (SAE J583), aftermarket fog lamps shall be white to amber only

(b) Fog tail lamps (SAE J1319)

(c) Auxiliary driving lamps (SAE J581), shall be white only and are not intended to be used alone or with the lower beam of a standard headlamp system

(d) Auxiliary low beam lamps (or auxiliary passing lamps) (SAE J582)

(e) Spot lamps (SAE J591)

(f) Cornering lamps (SAE J852)

(g) Supplemental high-mounted stop and rear turn signal lamps (SAE J1957 and J2068)

(h) Side turn signal lamps (SAE J914)

(i) 360 degree emergency warning lamps (SAE J845)

(j) Flashing warning lamps for agricultural equipment (SAE J974)

(k) Flashing warning lamps for authorized emergency, maintenance, and service vehicles (SAE J595)

(l) Flashing warning lamp for industrial equipment (SAE J96)

(m) Warning lamp alternating flashers (J1054)

(n) Green lamp for use on volunteer fireman's private vehicle (SAE J595) - flashing warning lamps for authorized emergency, maintenance, and service vehicles.

(i) Color of the lens shall be green as that color is described in SAE Standard J578 (Color specifications for electric signal lighting devices) rather than red or amber as specified in SAE J595.

(o) Side cowl, fender, or running board courtesy lamps (SAE J575)

(4) Standards promulgated by the commission on equipment for the following lighting devices shall be as set forth in the Washington Administrative Code chapters as indicated:

(a) Deceleration alert lamp system (chapter 204-62 WAC)

(b) Headlamp modulator (chapter 204-78 WAC)

(c) Headlamp flashing system (chapter 204-80 WAC)

(d) School bus warning lamps (chapter 204-74 WAC)

(e) Additional hazard strobe lamp. Municipal transit vehicles (as defined in RCW 46.04.355) may be equipped with a single additional hazard strobe lamp. Such lamps must meet the Class I requirements of SAE Standard J1318

(i) A clear lens strobe lamp, less than eight inches in height, may be mounted on the certerline of the roof in the rear one-half of the bus

(ii) The hazard strobe lamp will be activated by a switch independent of all other lamp switches. The hazard strobe lamp switch shall be plainly labeled and have a pilot lamp that shall indicate when the lamp is in operation

(iii) The use of a hazard strobe lamp is permitted only when the bus is occupied with passengers and one or more of the following conditions exist:

(A) The bus is in motion in inclement, sight obscuring conditions, including, but not limited to rain, fog, snow, and smoke;

(B) There is a need to improve the visibility of the bus when stopping, standing, or starting onto a highway or there is limited visibility caused by geographic hazards, such as winding roadways, hills, trees, etc.

The strobe lamp shall not be activated solely because of darkness.

[Statutory Authority: RCW 46.37.005 and 46.37.320. 98-04-053, § 204-10-020, filed 1/30/98, effective 3/2/98. Statutory Authority: RCW 46.37.005. 83-11-028 (Order 83-05-01), § 204-10-020, filed 5/13/83. Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.280, 46.37.310, 46.37.320 and 46.37.380. 81-18-008 (Order 81-08-02), § 204-10-020, filed 8/21/81.]

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.