WSR 00-19-052

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION


[ Filed September 15, 2000, 3:20 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-14-001.

Title of Rule: WAC 468-38-100 Escort car requirements (to be changed to "When escort vehicles are needed").

Purpose: The rule sets parameters for when escort vehicles are required to assist in the move of over-legal vehicles and/or loads on state highways.

Statutory Authority for Adoption: RCW 46.44.090.

Summary: The proposal modifies criteria for when escort vehicles are required on two lane roads to reach consistency with neighboring jurisdictions, as well as, place into rule criteria regarding overhangs and height that have been in use at a policy level.

Reasons Supporting Proposal: Provides consistency with neighboring jurisdictions and provides for clear enforcement rules. Also provides a more accurate title.

Name of Agency Personnel Responsible for Drafting and Implementation: Barry Diseth, Administrator, Motor Carrier Services, Olympia, (360) 664-9497; and Enforcement: Captain Fred Fakkema, CVD, 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 criteria to determine when to use, how many and positioning of escort vehicles when assisting the movement of over-legal loads on state highways.

Proposal Changes the Following Existing Rules: The proposal changes the criteria for escort vehicles on two lane roads. Currently the load width criteria is at eleven foot wide for vehicle or load. This will be changed to a twelve foot wide vehicle or load, which is consistent with neighboring jurisdictions. The proposal also adds criteria for front overhangs which has been only at a policy level. Both changes provide clearer rules for both industry and enforcement customers.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There should be no significant impact on small businesses.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Commission Board Room 1D2, Transportation Building, 310 Maple Park Drive, Olympia, WA 98504-7360, on October 25, 2000, at 2:30 p.m.

Assistance for Persons with Disabilities: Contact TDD (360) 705-6980.

Submit Written Comments to: Barry Diseth, Motor Carrier Services, P.O. Box 47367, Olympia, WA 98502, fax (360) 664-9440, by October 20, 2000.

Date of Intended Adoption: October 25, 2000.

September 14, 2000

Gerald E. Smith, P.E.

Deputy Secretary, Operations

OTS-4292.2


AMENDATORY SECTION(Amending Order 68, filed 11/22/89, effective 12/23/89)

WAC 468-38-100
When escort ((car requirements)) vehicles are required.

Escort ((cars)) vehicles are required:

(1) When vehicle(s), ((vehicles)) or load ((is over eleven)) exceeds twelve feet in width, two escort ((cars)) vehicles (((both)) one front ((and)), one rear) are required on a two-lane highway.

(2) When vehicle(s), ((vehicles)) or load ((is over)) exceeds fourteen feet wide but not greater than sixteen feet wide, one escort ((car)) vehicle in rear of movement is required on multiple-lane highways.

(3) When vehicle(s), ((vehicles)) or load ((is over twenty)) exceeds sixteen feet wide, escort ((cars in both front and rear of movement are required when the highway is a multiple-lane, undivided highway)) vehicle(s) use will be determined on a case-by-case basis.

(4) When overall length of load, including vehicles, exceeds one hundred five feet ((or when rear overhang of load measured from the last axle exceeds one-third of the total length)) on two-lane, two-way, nondivided highways, one rear escort ((car)) vehicle is required ((on two-lane highways. The permit may authorize a riding flagperson in lieu of an escort car)).

(5) When overall length of load, including vehicles, exceeds one hundred ((forty)) twenty feet, one rear escort car is required on multiple-lane divided highways.

(6) When rear overhang exceeds one-third of the total length, measured from the center of the last axle, or twenty feet, whichever is less, one rear escort vehicle is required. When front overhang exceeds twenty feet, measured from the front of the vehicle or original bumper line, whichever creates the greatest overhang length, one front escort vehicle is required.

(7) When vehicle(s), or load, exceeds fourteen feet six inches in height, one front escort vehicle is required. When the vehicle(s), or load, exceeds fifteen feet in height, the escort vehicle must be equipped with a nonconductive height measuring device, unless otherwise stated on the permit, which exceeds the height of the vehicle(s) and load by not less than three inches nor more than six inches. The department does not guarantee the height of any overhead structures on state routes. It is the responsibility of the motor carrier to verify height clearances before using any state route.

(8) When in the opinion of the department of transportation, escort cars are necessary to protect the traveling public, for any overdimension and/or overweight move either across, upon, or along a highway.

[Statutory Authority: RCW 46.44.090. 89-23-110 (Order 68), 468-38-100, filed 11/22/89, effective 12/23/89; 82-18-010 (Order 31, Resolution No. 156), 468-38-100, filed 8/20/82. Formerly WAC 468-38-180. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-38-100, filed 12/20/78. Formerly WAC 252-24-100.]

Washington State Code Reviser's Office