SENATE BILL REPORT

HB 2284

As Reported By Senate Committee On:

Transportation, February 25, 2002

Title:  An act relating to the disqualification of drivers of commercial motor vehicles.

Brief Description:  Disqualifying commercial drivers for grade crossing violations.

Sponsors:  Representatives Fisher, Hatfield, Mitchell and Haigh; by request of Department of Licensing.

Brief History:

Committee Activity:  Transportation:  2/21/02, 2/25/02 [DP].

SENATE COMMITTEE ON TRANSPORTATION

Majority Report:  Do pass.

Signed by Senators Haugen, Chair; Gardner, Vice Chair; Eide, Jacobsen, Johnson, Kastama, Keiser, McAuliffe, Oke and Shin.

Staff:  Tami Neilson (786‑7452)

Background:  The Federal Motor Carrier Safety Administration promulgates rules that govern commercial driver's licenses.  A recent federal rule requires that states implement specific laws to achieve safer commercial motor vehicle driver behavior for crossing an intersection where a rail line and a highway cross over one another at the same level.  If a state fails to implement the laws by October 2002, it may result in a 5 percent reduction of federal transportation funding in the first year of noncompliance, and a 10 percent reduction every year thereafter.

Violations of railroad-highway grade crossings are currently determined by federal, state, and local law.  Washington law does not disqualify commercial drivers for railroad-highway grade crossing violations.

Summary of Bill:  A commercial motor vehicle driver is disqualified from driving a commercial motor vehicle for a predetermined period of time if he or she is guilty of violating one of six specified offenses regarding railroad-highway crossings, as indicated below.

$For drivers who are not required to always stop:  (1) failing to slow down and check that the tracks are clear; and (2) failing to stop before reaching the crossing if the tracks are not clear.

$For drivers who are required to always stop, failing to stop before driving over a crossing.

$For all drivers:  (1) failing to have enough space to drive completely through the crossing without stopping; (2) failing to obey a traffic control device or directions of a law enforcement officer at a crossing; and (3) failing to go over a crossing without sufficient undercarriage clearance.

The driver is disqualified for 60 days for the first violation, 120 days for the second, and one year for the third within a three-year period.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  We need this legislation passed to avoid a federal funding loss.

Testimony Against:  None.

Testified:  Clark Holloway, Department of Licensing.