WSR 00-07-072

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION


[ Filed March 14, 2000, 11:15 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-04-068.

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

Purpose: Clarifies what will be eligible for special permits to haul over-dimensional or overweight, nonreducible loads by motor carriers on state highways.

Statutory Authority for Adoption: RCW 46.44.090.

Summary: Provides a radical expansion to the eligibility criteria by addressing loading restrictions, overweight loads, vehicle configurations and loads with multiple pieces.

Reasons Supporting Proposal: Provides clearer criteria for the transport of over-dimensional and overweight loads, leading to improved compliance and enforcement. The amendments will also result in the repeal of WAC 468-38-090 Loading restrictions.

Name of Agency Personnel Responsible for Drafting and Implementation: Barry Diseth, Washington State Department of Transportation, Motor Carrier Services, Olympia, (360) 664-9497; and Enforcement: Captain Colleen McIntyre, Washington State Patrol, Commercial Vehicle Division, 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: Rule provides expanded criteria for eligibility for special permits to move over-dimensional and/or overweight loads by motor carrier on state highways. Specifically, the rule adds criteria for loading restrictions, overweight loads, allowable configurations, and loads with multiple pieces.

Proposal Changes the Following Existing Rules: Expansion of criteria as outlined above, and creates opportunity to repeal WAC 468-38-090 Loading restrictions.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The amendment does not create additional costs. Added criteria generally puts in writing what has been the unwritten policy. An exception is the added criteria on multiple pieces which will reduce costs if there is any impact at all.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Transportation, Transportation Building, Commission Board Room 1D2, Olympia, WA 98504, on May 8, 2000, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact TDD 1-800-833-6388 by April 28, 2000.

Submit Written Comments to: Barry Diseth, Motor Carrier Services, P.O. Box 47367, Olympia, WA 98504-7367, fax (360) 664-9497, by April 28, 2000.

Date of Intended Adoption: May 8, 2000.

March 14, 2000

Gerald E. Smith

Deputy Secretary, Operations

OTS-3862.1


AMENDATORY SECTION(Amending Order 183, filed 10/13/98, effective 11/13/98)

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.

(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))) Loading restrictions: The load must be reduced to a practicable minimum. Loads created by welding, bolting or tying will be construed as devisable, unless proven with good cause not to be, even if additional vehicles are required to transport the divided item.

(5) Overweight loads: Restricted to the limits established in RCW 46.44.091 Special permits -- Gross weight limit. In addition, tire loadings are limited to a maximum of six hundred pounds per inch width of tire.

(6) Allowable vehicle configurations:

(a) Tractor (or unladen truck) and semi-trailer or full trailer. Jeeps and/or boosters may be added to the trailer as necessary. Trailers in excess of the legal width of eight feet six inches, or legal length of fifty-three feet, or the permitted length of fifty-six feet, shall not exceed the length or width of the load, unless, the added dimension is necessary to spread the weight of load to comply with requirements established by the department to protect the infrastructure. A "pusher" power unit may be added to the configuration upon approval.

(b) Truck and trailer. Combined overall length when carrying an over-length load may not exceed eighty-five feet, with the nondevisable over-length load restricted to the trailing unit, overhang loaded entirely to the rear of the trailer. An over-width or over-height nondevisable load may be carried on the truck and/or trailing unit. This configuration may not carry overweight loads.

(7) Loads with multiple pieces: An over-dimensional load may include multiple pieces, provided:

(a) The vehicle(s) and load are transported at legal weights.

(b) The largest nondevisable piece(s) must be loaded to its practicable minimum. No single piece may create a dimension greater than the dimension it would create if carried by itself.

(c) Additional pieces may not exceed the outside envelope (rectangular) dimension created by the largest piece(s) loaded in its smallest configuration. No piece shall be added to a load for the sole purpose of creating a larger envelope, the burden of proof being placed on the carrier.

[Statutory Authority: RCW 46.44.090. 98-21-019 (Order 183), 468-38-070, filed 10/13/98, effective 11/13/98; 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.]

Washington State Code Reviser's Office