WSR 02-15-110



[ Filed July 18, 2002, 9:34 a.m. ]

Date of Adoption: July 17, 2002.

Purpose: To adjust rules to provide safer instruction regarding speed limits for vehicles operating under a special motor vehicle permit issued by the Department of Transportation.

Citation of Existing Rules Affected by this Order: Amending WAC 468-38-340 Speed limits.

Statutory Authority for Adoption: RCW 46.44.090.

Other Authority: RCW 46.44.170.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The rule, prior to amendment, forces certain vehicles operating under permit to operate at speeds slower than that posted for truck traffic, resulting in vehicles that could flow with traffic to instead impede traffic flow creating frustration and potentially dangerous moves by other drivers. In addition, access to the traffic stream is dangerous when the vehicle is not allowed to attain traffic flow speeds when joining the traffic flow. The amendment does not eliminate the option for the department to assign a slower speed, by permit, when unique situations call it.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Immediately.

July 17, 2002

John F. Conrad

Assistant Secretary

Engineering and Regional Operations


AMENDATORY SECTION(Amending Order 31, Resolution No. 156, filed 8/20/82)

WAC 468-38-340   Speed limits.   (1) Unless otherwise stated, maximum speeds for vehicles, combination of vehicles, or vehicles and loads being operated under permit shall be as posted for trucks.

(2) When travel on the roadway shoulder is required on a two-lane highway to allow overtaking traffic to pass, the speed will not exceed 25 miles per hour.

(3) ((The)) If a speed limit ((contained)) is stated in a permit ((is listed as)) it becomes one of the conditions upon which the permit has been issued. This stated speed limit shall not be exceeded, but if a lower limit is posted on any highway, it shall take precedence. Violation of the speed limit ((contained)) stated in the permit will render the permit null and void.

(((4) Speed limits shall be as follows:

(a) On two-lane highways in rural areas, 45 miles per hour.

(b) On multiple-lane highways (for all moves including 12-foot width), as posted.

(c) On multiple-lane highways (for moves over 12-foot width), 50 miles per hour.))

[Statutory Authority: RCW 46.44.090. 82-18-010 (Order 31, Resolution No. 156), 468-38-340, filed 8/20/82. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-38-340, filed 12/20/78. Formerly WAC 252-24-357.]

Washington State Code Reviser's Office