WSR 02-16-046

PROPOSED RULES

WASHINGTON STATE PATROL


[ Filed August 1, 2002, 8:43 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-11-037.

Title of Rule: Chapter 204-95 WAC, State patrol (Commission on Equipment), limousine businesses.

Purpose: The WAC describes fees, annual inspections, and safety equipment for limousine businesses.

Statutory Authority for Adoption: RCW 46.37.005.

Summary: Amendment is being made to correct the use of the commercial vehicle safety alliance (CVSA) decal. The decal was not intended for limousines.

Reasons Supporting Proposal: The CVSA decal was not intended for use on a limousine. It is intended for commercial trucks having to comply with all the rules and regulations in the Federal Motor Carrier Safety Regulations (FMVSR) Handbook. Limousines are not required to meet all the rules associated with the FMVSR. This amendment will keep the Washington State Patrol (WSP) in compliance with the rules governing the use of the CVSA decal.

Name of Agency Personnel Responsible for Drafting and Implementation: Ms. Christine Fox, P.O. Box 42614, Olympia, WA 98504-2614, (360) 753-3697; and Enforcement: Captain Frederick Fakkema, P.O. Box 42614, Olympia, WA 98504-2600, (360) 753-0302.

Name of Proponent: Washington State Patrol, governmental.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: The WAC describes fees, annual inspections, and safety equipment for limousine businesses. Amendment is being made to correct the use of the commercial vehicle safety alliance (CVSA) decal. The decal was not intended for limousines.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impact made from this amendment.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Commercial Vehicle Division Conference Room (G-21), General Administration Building, 210 11th Avenue S.W., Olympia, WA 98504, on September 17, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Mr. Mike Palios by September 15, 2002, TDD (253) 536-4270 or (360) 753-5966.

Submit Written Comments to: Ms. Christine Fox, Washington State Patrol, P.O. Box 42614, Cfox@wsp.wa.gov, fax (360) 586-8233, by September 15, 2002.

Date of Intended Adoption: October 1, 2002.

July 31, 2002

Ronal W. Serpas

Chief

OTS-5570.1


AMENDATORY SECTION(Amending WSR 97-03-127, filed 1/22/97, effective 2/22/97)

WAC 204-95-030   Fees.   The master license service of the department of licensing, as authorized in RCW 46.72A.030 and 46.72A.090, shall charge and collect the following fees on behalf of the Washington state patrol:


Fees listed in WAC 308-87-060
Initial and Annual Limousine Vehicle Safety Inspection $25.00
((Reinspection $15.00))
Background Check Fees as set in WAC 446-20-600

When required for a limousine carrier business license applicant, licensee, or limousine chauffeur, the background check shall consist of a fingerprint((-)) card based criminal background search at the state level conducted by the Washington state patrol identification section.

[Statutory Authority: RCW 46.72A.030. 97-03-127, 204-95-030, filed 1/22/97, effective 2/22/97.]


AMENDATORY SECTION(Amending WSR 97-03-127, filed 1/22/97, effective 2/22/97)

WAC 204-95-080   Annual inspections, safety of equipment.   Upon the request of a ((new)) limousine carrier business license applicant or ((a limousine operator)) licensee applying for the initial issuance, or annual renewal of their limousine ((license)) vehicle certificate(s) with the department of licensing, the Washington state patrol shall conduct a safety inspection of the ((equipment)) vehicle(s) to be used in the limousine service. Applicants ((or operators)) and licensees must present their limousine vehicle(s) at a Washington state patrol ((district or detachment office for)) inspection site, by appointment, Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. The limousine vehicle must pass the inspection to qualify for initial issuance or renewal of ((original)) the limousine ((operators license with)) vehicle certificate by the department of licensing. The vehicle inspection will consist ((for)) of the following:

(1) All standard equipment for vehicles will be checked to include brake systems, functional brake performance test, wheel systems, steering and suspension, fuel system, exhaust system, lighting and signal system, visibility system, body components, interior condition and cleanliness.

(2) ((If a vehicle fails an initial inspection and must be reinspected, a reinspection fee as provided in WAC 308-87-060 will apply. The applicant or operator must present the original inspection form and reinspection form to the department of licensing.

(3))) Upon successful completion of the safety inspection, ((a commercial vehicle safety alliance decal will be applied to the upper right hand corner of the windshield)) the licensee will be given a copy of the inspection form to submit to department of licensing. Upon receipt and approval of all licensing documents and fees, the master license service will issue a decal to the limousine carrier business licensee for each limousine vehicle to be placed on the vehicle's right rear bumper.

[Statutory Authority: RCW 46.72A.030. 97-03-127, 204-95-080, filed 1/22/97, effective 2/22/97.]

Washington State Code Reviser's Office