WSR 02-15-072

PROPOSED RULES

WASHINGTON STATE PATROL


[ Filed July 15, 2002, 8:09 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-22-103.

Title of Rule: WAC 204-24-030 Standards for studded tires and 204-24-050 Use of tire chains or other traction devices.

Purpose: The Department of Transportation (WSDOT) has deployed new signage for use in the mountain passes. The signage will have significant changes in the verbiage used to communicate to motorists, particularly motor carriers. In order for the signs to have a basis for enforcement the rules need to be amended to reference the new verbiage. Also, there is a need to include additional areas where carrying chains are required, specifically SR 542, Mt. Baker Highway and I-82 between Ellensburg and Selah.

Statutory Authority for Adoption: RCW 46.37.420, 46.12.330, 46.37.005.

Summary: WAC 204-24-030 Standards for studded tires and 204-24-050 Use of tire chains or other traction devices, both reference signs used in the mountain passes that will soon be obsolete. In addition, WAC 204-24-050 lists locations where vehicles over 10,000 GVW are required to carry chains from November 1 to April 1.

Reasons Supporting Proposal: To correct the verbiage in the signs and to ensure enforcement.

Name of Agency Personnel Responsible for Drafting and Implementation: Ms. Christine Fox, P.O. Box 42614, Olympia, WA 98504, (360) 753-3697; and Enforcement: Deputy Chief Lowell Porter, P.O. Box 42600, Olympia, WA 98504, (360) 586-2340.

Name of Proponent: Washington State Patrol, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Approval of the amendment.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Change verbiage on signs used in the passes regarding usage of chains and also to add additional areas where carrying chains is required.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Statement is not needed.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: General Administration Building, WSP Commercial Vehicle Division, Conference Room, 210 11th Avenue S.W., Olympia, WA 98504, on August 29, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Mr. Michael Palios by August 26, 2002, TDD (360) 536-4270, or (360) 753-5966.

Submit Written Comments to: Ms. Christine Fox, P.O. Box 42614, Olympia, WA 98504, fax (360) 586-8233, by August 26, 2002.

Date of Intended Adoption: September 12, 2002.

July 11, 2002

Ronal W. Serpas

Chief

OTS-5180.4


AMENDATORY SECTION(Amending WSR 00-15-009, filed 7/10/00, effective 8/10/00)

WAC 204-24-030   Standards for studded tires.   Studded tires shall meet the following specifications:

(1) Studs shall be metal, tipped with tungsten carbide.

(2) Metal studs shall be inserted only in a new tire or a newly-recapped tire which has molded in the tread the "pin-holes" into which metal studs are to be inserted. Studs shall not be inserted in any new tire or newly-recapped tire after it has been driven on a vehicle.

(3) Metal studs may be installed only by the tire manufacturer, or by a tire dealer or tire jobber who shall install the metal studs in conformance with the manufacturer's specifications.

(4) When a tire is sold or offered for sale as a studded tire or when studs are installed in a new tire or a newly-recapped tire, there shall be a minimum of seventy metal studs evenly spaced around the tread of the tire.

(5) A tire shall contain a minimum of fifty-six metal studs at all times in order to qualify as a "studded tire" or as an approved traction device ((where traffic control signs marked "approved traction tires required" are posted)).

(6) Metal studs shall not be installed in any tire of a vehicle which has a gross vehicle weight of ten thousand pounds or over.

(7) School buses and fire department equipment tires are exempt from subsection (6) of this section.

[Statutory Authority: RCW 46.12.330. 00-15-009, 204-24-030, filed 7/10/00, effective 8/10/00. Statutory Authority: RCW 46.37.420. 92-05-016, 204-24-030, filed 2/10/92, effective 3/12/92; 83-21-080 (Order 83-10-01), 204-24-030, filed 10/19/83; Order 7607, 204-24-030, filed 9/14/76; Order 6902, 204-24-030, filed 2/17/70.]


AMENDATORY SECTION(Amending WSR 00-03-081, filed 1/19/00, effective 2/19/00)

WAC 204-24-050   Use of tire chains or other traction devices.   (1) Vehicles under 10,000 pounds gross vehicle weight.

(((a))) When traffic control signs ((marked "approved traction tires required")) are posted by the department of transportation it shall be unlawful for any vehicle to enter the controlled area without having mounted on its drive tires ((at least one of)) the traction device((s meeting)) specified by the sign, which must also meet the requirements of WAC 204-24-040.

(((b) When traffic control signs marked "chains required" are posted by the department of transportation it shall be unlawful for any vehicle to enter the controlled area without having mounted on its drive tires, tire chains meeting the standards in chapter 204-22 WAC.

(i))) Exception for all wheel drive vehicles. When "chains required" signs are posted, all-wheel drive vehicles shall be exempt from the chain requirement when all wheels are in gear and are equipped with approved traction devices as specified in WAC 204-24-040 provided that tire chains for at least one set of drive tires are carried in the vehicle.

(2) Vehicles or combinations of vehicles over 10,000 pounds gross vehicle weight rating (GVWR).

When traffic control signs marked (("approved traction tires required" or)) "chains required" are posted by the department of transportation it shall be unlawful for any vehicle or combination of vehicles to enter the controlled area without having mounted on its tires, tire chains as follows: Provided, That highway maintenance vehicles operated by the department of transportation for the purpose of snow removal and its ancillary functions are exempt from the following requirements if such vehicle has sanding capability in front of the drive tires.

(a) Vehicles or vehicle combinations with two to four axles including but not limited to trucks, truck-tractors, buses and school buses: For vehicles with a single drive axle, one tire on each side of the drive axle shall be chained. For vehicles with dual drive axles, one tire on each side of one of the drive axles shall be chained. For vehicle combinations including trailers or semi-trailers; one tire on the last axle of the last trailer or semi-trailer, shall be chained. If the trailer or semi-trailer has tandem rear axles, the chained tire may be on either of the last two axles.

(b) Automobile transporters are any vehicle combination designed and used specifically for the transport of assembled (capable of being driven) highway vehicles. For vehicles with single drive axles, one tire on each side of the drive axle shall be chained. For vehicles with dual drive axles, one tire on each side of each of the drive axles shall be chained. For vehicle combinations including trailers or semi-trailers, one tire on the last axle of the last trailer or semi-trailer shall be chained. If the trailer or semi-trailer has tandem rear axles, the chained tire may be on either of the last two axles.

(c) Vehicle combinations with five axles consisting of a truck tractor with dual drive axles and a tandem axled semi-trailer; all tires on one drive axle may be chained or one tire on each side of each of the drive axles may be chained. Chains must be applied to a minimum of four tires on the drive axles. On the tandem axle semi-trailer, the chained tire may be on either of the last two axles.

(d) Vehicle combinations with five axles, consisting of a truck and trailer, or truck tractor and semi-trailer with a single drive axle, or truck tractor, semi-trailer and full trailer: For vehicles with a single drive axle, all tires on the drive axle shall be chained. For vehicles with dual drive axles, all tires on one of the drive axles shall be chained. For vehicle combinations including trailers or semi-trailers, one tire on the last axle of the last trailer or semi-trailer shall be chained. If the trailer or semi-trailer has tandem rear axles, the chained tire may be on either of the last two axles.

(e) Vehicle combinations with six or more axles, including but not limited to truck and trailer or truck tractor and semi-trailer or truck tractor semi-trailer and full trailer: For vehicles with a single drive axle, all tires on the drive axle shall be chained. For vehicles with dual drive axles where traffic control signs marked "approved traction tires required" are posted, all tires on one of the drive axles shall be chained. For vehicles with dual drive axles where traffic control signs marked "chains required" are posted, all tires on one of the drive axles shall be chained. In addition, one tire on each side of the additional drive axle shall be chained. For vehicle combinations including trailers or semi-trailers, one tire on the last axle shall be chained. For vehicles with tandem axle trailers or semi-trailers, the chained tire may be on either of the last two axles.

(f) All vehicles over 10,000 pounds gross vehicle weight rating (GVWR) shall carry a minimum of two extra chains for use in the event that road conditions require the use of more chains or in the event that chains in use are broken or otherwise made useless.

(g) Approved chains for vehicles over 10,000 pounds gross vehicle weight rating (GVWR) shall have at least two side chains to which are attached sufficient cross chains of hardened metal so that at least one cross chain is in contact with the road surface at all times. Plastic chains shall not be allowed. The state patrol may approve other devices as chains if the devices are equivalent to regular chains in performance.

(h) On the following routes all vehicles and combinations of vehicles over 10,000 gross vehicle weight rating (GVWR) pounds shall carry sufficient tire chains to meet the requirements of this chapter from November 1 to April 1 of each year or at other times when chains are required for such vehicles:

(i) I-90 - between North Bend (MP 32) and Ellensburg (MP 101).

(ii) SR-97 - between (MP 145) and Junction SR-2.

(iii) SR-2 - between Dryden (MP 108) and Index (MP 36).

(iv) SR-12 - between Packwood (MP 135) and Naches (MP 187).

(v) SR-97 - between the Columbia River (MP 0.00) and Toppenish (MP 59.00).

(vi) SR-410 - from Enumclaw to Naches.

(vii) SR-20 - between Tonasket (MP 262) and Kettle Falls (MP 342); and SR-20 between Newhalem (MP 120) and Winthrop (MP 192).

(viii) SR-155 - between Omak (MP 79) and Nespelem (MP 45).

(ix) SR-970 - between (MP 0) and (MP 10).

(x) SR-14 - between Gibbons Creek (MP 18.00) and (MP 108.40) intersection of Cliffs Road.

(xi) SR-542 - Mt. Baker highway between (MP 22.91) and (MP 57.26).

(xii) I-82 - between Ellensburg Exit 3 (MP 3.00) and Selah Exit 26 (MP 26.00).

Vehicles making local deliveries as indicated on bills of lading and not crossing the mountain pass are exempt from this requirement if operating outside of a chain required area.

(3) The Washington state department of transportation or Washington state patrol may prohibit any vehicle from entering a chain/approved traction ((tire)) device control area when it is determined that the vehicle will experience difficulty in safely traveling the area.

[Statutory Authority: RCW 46.37.005. 00-03-081, 204-24-050, filed 1/19/00, effective 2/19/00; 99-06-023, 204-24-050, filed 2/22/99, effective 3/25/99; 98-19-042, 204-24-050, filed 9/11/98, effective 10/12/98; 95-07-137, 204-24-050, filed 3/22/95, effective 4/22/95. Statutory Authority: RCW 46.37.420. 94-08-069, 204-24-050, filed 4/4/94, effective 5/5/94; 92-05-016, 204-24-050, filed 2/10/92, effective 3/12/92. Statutory Authority: RCW 46.37.005. 91-14-004 (Order 91-003), 204-24-050, filed 6/21/91, effective 7/22/91. Statutory Authority: RCW 46.37.420. 83-21-080 (Order 83-10-01), 204-24-050, filed 10/19/83. Statutory Authority: RCW 46.37.005. 82-11-045 (Order 82-05-01), 204-24-050, filed 5/12/82. Statutory Authority: RCW 46.37.005 and 46.37.420. 81-10-038 (Order 81-04-01), 204-24-050, filed 4/30/81; 78-02-091 (Order 7607A), 204-24-050, filed 1/30/78; Order 7607, 204-24-050, filed 9/14/76; Order 6902, 204-24-050, filed 2/17/70.]

Washington State Code Reviser's Office