WSR 04-05-016

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION


[ Filed February 9, 2004, 3:48 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-01-069.

     Purpose: RCW 47.36.200 requires the department to adopt by rule a uniform sign or signs to warn motorcyclist about construction, repair, or maintenance work conducted on or adjacent to a public highway, county road, street, bridge, or other thoroughfare commonly traveled.

     Statutory Authority for Adoption: RCW 47.36.200 and 47.36.030.

     Statute Being Implemented: RCW 47.36.200.

     Summary: The department is adding a motorcycle construction warning sign to the Washington state modifications to the Manual on Uniform Traffic Control Devices.

     Reasons Supporting Proposal: RCW 47.36.200 requires the department to adopt by a rule a uniform sign or signs to warn motorcyclist about road construction, repair, or maintenance work.

     Name of Agency Personnel Responsible for Drafting and Implementation: Mike Dornfeld, Washington State Department of Transportation, Traffic Operations Office, (360) 705-7288; and Enforcement: Toby Rickman, Washington State Department of Transportation, Traffic Operations Office, (360) 705-7288.

     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 department is adding a motorcycle construction warning sign to the Washington state modifications to the Manual on Uniform Traffic Control Devices. The sign is a diamond shape sign with black letters on an orange background. The sign reads "MOTORCYCLES USE EXTREME CAUTION."

     Proposal Changes the Following Existing Rules: The proposed rule adds a new sign to the Washington state modifications to the federal Manual on Uniform Traffic Control Devices. These modifications are codified in chapter 468-95 WAC.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not add significant regulatory requirements to small businesses per chapter 19.85 RCW.

     RCW 34.05.328 does not apply to this rule adoption. The proposed change does not meet the requirements of RCW 34.05.328.

     Hearing Location: Washington State Department of Transportation, Commission Board Room, 310 Maple Park Avenue S.E., Olympia, WA 98501, on March 23, 2004, at 1:00 p.m.

     Assistance for Persons with Disabilities: Contact TDD (800) or (833) 6388 [(800) 833-6388].

     Submit Written Comments to: Toby Rickman, Washington State Department of Transportation, P.O. Box 47344, Olympia, WA 98504-7344, fax (360) 705-6826, by March 20, 2004.

     Date of Intended Adoption: March 23, 2004.

February 6, 2004

John F. Conrad

Assistant Secretary

OTS-6861.1


NEW SECTION
WAC 468-95-315   Motorcycle construction warning signs.   Pursuant to RCW 47.36.200 amend MUTCD Section 6F.15 to include motorcycle construction warning signs:

     A motorcycle construction warning sign shall be diamond shaped with black letters on an orange background. The sign shall read "MOTORCYCLES USE EXTREME CAUTION."

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