WSR 98-18-026

PROPOSED RULES

DEPARTMENT OF

TRANSPORTATION

[Filed August 25, 1998, 10:14 a.m.]

Supplemental Notice to WSR 98-10-038.

Preproposal statement of inquiry was filed as WSR 98-14-045.

Title of Rule: WAC 468-38-070 Maximums for special permits--Nonreducible and 468-38-071 Maximums for special permits--Reducible.

Purpose: To bring the two WACs into agreement with current practice, and thereby enhance clarity and public safety. This amendment was originally applied on May 11, 1998, incorrectly to WAC 468-38-070, this filing will correct the error and place the criteria in WAC 468-38-071.

Statutory Authority for Adoption: RCW 46.44.090.

Summary: The rule expands reducible permits to include empty apple bins and certain qualifying loads of hay to be transported up to fifteen feet high.

Reasons Supporting Proposal: Corrects earlier misapplication of criteria.

Name of Agency Personnel Responsible for Drafting and Implementation: Barry Diseth, Washington State Department of Transportation, Olympia, (360) 664-9497; and Enforcement: Capt. Marsh Pugh, 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: The rule provides minimum requirements for rear vision appurtances (mirrors) which is consistent with RCW 46.37.400.

Proposal Changes the Following Existing Rules: Amended rule makes direct reference to RCW 46.37.400 as well as referencing requirements consistent with RCW.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Any costs associated with this amendment should be insignificant. Equipment described in the proposed rule should already be in use by existing operators.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Transportation, Commission Board Room 1D2, Transportation Building, Olympia, Washington 98504, on October 12, 1998, at 2:30 p.m.

Assistance for Persons with Disabilities: Contact TDD (360) 705-6980, by October 7, 1998.

Submit Written Comments to: Barry Diseth, Motor Carrier Services, P.O. Box 47367, Olympia, WA 98504-7367, fax (360) 664-9440, by October 7, 1998.

Date of Intended Adoption: October 12, 1998.

August 25, 1998

Gerald E. Smith

Deputy Secretary, Operations

OTS-2276.1

AMENDATORY SECTION (Amending Order 172, filed 4/10/98, effective 5/11/98)

WAC 468-38-070  Maximums for special permits--Nonreducible. (1) Overwidth: 14 feet on any two-lane highway; 20 feet on any multiple-lane highway where a physical barrier serving as a median divider separates the oncoming and opposing traffic lanes; 32 feet on any multiple-lane undivided highway.

The regulations on movement of buildings are in WAC 468-38-360.

(2) Overheight: A load over 14 feet high must be moved by permit, but the permittee is to be governed by the clearance of overhead obstructions such as bridges, underpasses, wires, overhead signs and other objects. The issuance of a permit does not insure the route to be free of low overhead structures. It is the responsibility of the permittee to check the proposed route and detour when necessary. County or city road detours for this purpose require authorization from respective jurisdictions. ((Vehicles hauling empty apple bins, or ranchers hauling their own hay for their own livestock, may be issued permits to haul these respective loads up to 15 feet high on preapproved routes within a three-county area.))

(3) Overlength: The permit will allow movement on routes on which the permittee can negotiate curves, interchanges, entrance and exit roadways and other obstacles. In all instances the general safety of the public is considered paramount.

(4) Overweight: 22,000 pounds on a single axle; 43,000 pounds on tandem axles. (RCW 46.44.091)

[Statutory Authority: RCW 46.44.090. 98-09-029 (Order 172), § 468-38-070, filed 4/10/98, effective 5/11/98; 96-23-003, § 468-38-070, filed 11/7/96, effective 12/8/96; 83-16-018 (Order 39, Resolution No. 195), § 468-38-070, filed 7/25/83; 82-18-010 (Order 31, Resolution No. 156), § 468-38-070, filed 8/20/82. Formerly WAC 468-38-170. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-070, filed 12/20/78. Formerly WAC 252-24-080.]

AMENDATORY SECTION (Amending WSR 96-23-003, filed 11/7/96, effective 12/8/96)

WAC 468-38-071  Maximums for special permits--Reducible. (1) Overlength: Permits for reducible loads shall not exceed 56 feet for a single trailer and 68 feet for double trailers. Measurement for a single trailer will be from the front of the trailer, or load, to the rear of the trailer, or load, whichever provides the greater distance up to 56 feet. Measurement for double trailers will be from the front of the first trailer, or load, to the rear of the second trailer, or load, whichever provides the greatest distance up to 68 feet. A log truck pulling a pole-trailer, trailer combination, carrying two distinct and separate loads will be treated as a tractor-semitrailer-trailer (doubles). Measurement for the log truck, pole-trailer, trailer combination will be from the front of the first bunk on the truck to the rear of the second trailer, or load, whichever provides the greatest distance up to 68 feet. Measurements shall not include nonload carrying devices designed for the safe and efficient operation of the semitrailer or trailer; for example: External refrigeration unit, resilient bumper, and aerodynamic shells.

(2) Overheight: ((Vehicles hauling empty apple bins may be issued permits to haul such bins up to 14 feet 10 inches high.)) A vehicle, or vehicle combination, hauling empty apple bins, or in use by ranchers hauling hay from their own fields for use with their own livestock, may be issued a permit, for vehicle and load, not to exceed fifteen feet high, measured from a level road bed. This permit may be used in conjunction with the overlength permit described in subsection (1) of this section.

[Statutory Authority: RCW 46.44.090. 96-23-003, § 468-38-071, filed 11/7/96, effective 12/8/96.]