WSR 02-23-087

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION


[ Filed November 20, 2002, 8:25 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-15-111.

Title of Rule: WAC 468-38-340 Speed limits.

Purpose: To set specified maximum speeds for the movement of loads requiring an oversize/overweight permit.

Statutory Authority for Adoption: RCW 46.44.090.

Statute Being Implemented: RCW 46.44.090 and [46.44.]092.

Summary: The current rule establishes speed limits for two lane and multiple lane travel. The speed limits can be less than the posted speed limits for trucks. Compliance can force the carrier to travel at a speed slower than the surrounding traffic, creating an environment where unsafe decisions can be made. The revision focuses on use of posted truck speeds, where the carrier has that capability, but reserves the right for the department to set alternate speed limits if necessary (stated on the permit).

Reasons Supporting Proposal: The revision reduces the potential for creating unsafe conditions when traffic, required to operate at speeds other than that which is posted, is introduced into a faster traffic stream. The revision will give the department the prerogative to set an alternate speed limit if circumstances dictate. The rule has been adopted on an emergency basis.

Name of Agency Personnel Responsible for Drafting and Implementation: Barry Diseth, Olympia, Washington, (360) 704-6346; and Enforcement: Captain Fred Fakkema, Olympia, Washington, (360) 753-0350.

Name of Proponent: Washington State Department of Transportation, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The revision is by agency request.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The current rule establishes speed limits for two lane and multiple lane travel. The speed limits can be less than the posted speed limits for trucks. Compliance can force the carrier to travel at a speed slower than the surrounding traffic, creating an environment where unsafe decisions can be made. The revision focuses on use of posted truck speeds, where the carrier has that capability, but reserves the right for the department to set alternate speed limits if necessary (stated on the permit). The revision reduces the potential for creating unsafe conditions when traffic, required to operate at speeds other than that which is posted, is introduced into a faster traffic stream. The revision will give the department the prerogative to set an alternate speed limit if circumstances dictate.

Proposal Changes the Following Existing Rules: The revision strikes references to specific speed limits for use on two lane and multiple lane roads. It also amends a section that allows the department to state a specified speed by including on the permit as a condition of the permit.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: 310 Maple Park Avenue S.E., Room 1D2, Large Commission Boardroom, Olympia, WA 98504, on January 10, 2003, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Barry Diseth by December 24, 2002, fax (360) 704-6350 or (360) 704-6346.

Submit Written Comments to: Barry Diseth, Motor Carrier Services, P.O. Box 47367, Olympia, WA 98504-7367, fax (360) 704-6350, by December 31, 2002.

Date of Intended Adoption: January 10, 2003.

November 18, 2002

John F. Conrad

Assistant Secretary

Engineering and Regional Operations

OTS-5822.1


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