BILL REQ. #: Z-0401.1
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/17/2007. Referred to Committee on Transportation.
AN ACT Relating to the regulation of transportation providers; amending RCW 80.01.040, 81.04.010, 81.04.080, 81.04.130, 81.04.150, 81.04.160, 81.04.220, 81.04.240, 81.04.250, 81.04.270, 81.04.280, 81.04.300, 81.04.330, 81.04.350, 81.04.360, 81.08.010, 81.12.010, 81.16.010, 81.24.010, 81.28.010, 81.28.020, 81.28.030, 81.28.040, 81.28.050, 81.28.080, 81.28.180, 81.28.190, 81.28.200, 81.28.210, 81.28.220, 81.28.230, 81.28.250, 81.28.260, 81.29.010, 81.29.020, 81.44.010, 81.44.020, 81.44.040, 81.61.020, 81.66.040, 81.66.060, 81.68.010, 81.68.015, 81.68.020, 81.68.040, 81.68.060, 81.68.065, 81.68.080, 81.68.090, 81.70.020, 81.70.030, 81.70.230, 81.70.250, 81.70.280, 81.70.290, 81.70.320, 81.70.330, 81.70.340, 81.77.010, 81.77.040, 81.77.100, 81.80.010, 81.80.020, 81.80.045, 81.80.060, 81.80.070, 81.80.080, 81.80.130, 81.80.140, 81.80.150, 81.80.170, 81.80.190, 81.80.220, 81.80.230, 81.80.250, 81.80.260, 81.80.270, 81.80.272, 81.80.280, 81.80.305, 81.80.330, 81.80.370, 81.80.371, 81.80.430, 81.84.020, 47.76.230, 47.76.240, 81.68.030, 81.84.060, 79A.40.100, 81.53.261, and 15.66.270; reenacting and amending RCW 81.84.010; adding new sections to chapter 81.04 RCW; adding a new section to chapter 81.66 RCW; adding a new section to chapter 81.68 RCW; adding a new section to chapter 81.70 RCW; adding a new section to chapter 81.77 RCW; adding a new section to chapter 81.80 RCW; adding a new section to chapter 81.48 RCW; recodifying RCW 81.56.120; and repealing RCW 15.65.610, 81.04.170, 81.04.180, 81.04.190, 81.04.520, 81.08.070, 81.36.070, 81.40.040, 81.40.100, 81.44.031, 81.44.032, 81.44.050, 81.44.060, 81.44.065, 81.44.091, 81.44.092, 81.44.093, 81.44.094, 81.44.095, 81.44.096, 81.44.097, 81.44.0971, 81.44.0972, 81.44.098, 81.44.0981, 81.44.0982, 81.44.099, 81.44.100, 81.44.101, 81.44.102, 81.44.103, 81.44.104, 81.44.105, 81.44.110, 81.44.120, 81.48.010, 81.48.015, 81.52.010, 81.52.020, 81.52.030, 81.52.040, 81.56.010, 81.56.020, 81.56.030, 81.56.040, 81.56.050, 81.56.060, 81.56.070, 81.56.080, 81.56.100, 81.56.110, 81.56.130, 81.56.140, 81.56.150, 81.56.160, 81.68.070, 81.70.300, 81.77.015, 81.77.070, 81.80.030, 81.80.175, 81.80.240, 81.80.301, 81.80.312, 81.80.318, 81.80.340, 81.80.346, 81.80.375, 81.80.380, 81.80.381, 81.80.391, 81.80.395, 81.80.400, 81.80.410, 81.80.420, 81.80.440, 81.80.450, and 81.80.460.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 80.01.040 and 1985 c 450 s 10 are each amended to read
as follows:
The utilities and transportation commission shall:
(1) Exercise all the powers and perform all the duties prescribed
((therefor)) by this title and by Title 81 RCW, or by any other law.
(2) Regulate in the public interest, as provided by the public
service laws, ((the rates, services, facilities, and practices of)) all
persons engaging in the transportation ((by whatever means)) of persons
or property within this state for compensation((, and related
activities; including, but not limited to, air transportation
companies, auto transportation companies, express companies, freight
and freight line companies, motor freight companies, motor
transportation agents, private car companies, railway companies,
sleeping car companies, steamboat companies, street railway companies,
toll bridge companies, storage warehousemen, and wharfingers and
warehousemen)).
(3) Regulate in the public interest, as provided by the public
service laws, the rates, services, facilities, and practices of all
persons engaging within this state in the business of supplying any
utility service or commodity to the public for compensation((, and
related activities; including, but not limited to, electrical
companies, gas companies, irrigation companies, telecommunications
companies, and water companies)).
(4) Make ((such)) rules and regulations ((as may be)) necessary to
carry out its other powers and duties.
NEW SECTION. Sec. 2 A new section is added to chapter 81.04 RCW
to read as follows:
(1) The commission shall cooperate with the federal government and
the United States department of transportation, or its successor, or
any other commission or agency delegated or authorized to regulate
interstate or foreign commerce by common carriers, to the end that the
transportation of property and passengers by common carriers in
interstate or foreign commerce into and through the state of Washington
may be regulated and that the laws of the United States and the state
of Washington are enforced and administered cooperatively in the public
interest.
(2) In addition to its authority concerning interstate commerce
under this title, the commission may regulate common carriers in
interstate commerce within the state under the authority of and in
accordance with any act of congress that vests in or delegates to the
commission such authority as an agency of the United States government
or under an agreement with the United States department of
transportation, or its successor, or any other commission or agency
delegated or authorized to regulate interstate or foreign commerce by
common carriers.
(3) For the purpose of participating with the United States
department of transportation in investigative and surveillance
activities necessary to enforce federal railroad safety regulations,
the commission has regulatory jurisdiction over the safety practices
for railroad equipment, facilities, rolling stock, and operations in
the state.
NEW SECTION. Sec. 3 A new section is added to chapter 81.04 RCW
to read as follows:
The commission shall administer the railroad safety provisions of
this title to the fullest extent allowed under 49 U.S.C. Sec. 20106 and
state law.
Sec. 4 RCW 81.04.010 and 1993 c 427 s 9 are each amended to read
as follows:
As used in this title, unless specially defined otherwise or unless
the context indicates otherwise:
(1) "Commission" means the utilities and transportation commission.
(2) "Commissioner" means one of the members of such commission.
(3) "Corporation" includes a corporation, company, association, or
joint stock association.
(4) "Low-level radioactive waste site operating company" includes
every corporation, company, association, joint stock association,
partnership, and person, their lessees, trustees, or receivers
appointed by any court whatsoever, owning, operating, controlling, or
managing a low-level radioactive waste disposal site or sites located
within the state of Washington.
(5) "Low-level radioactive waste" means low-level waste as defined
by RCW 43.145.010.
(6) "Person" includes an individual, a firm, or copartnership.
(7) "Street railroad" includes every railroad by whatsoever power
operated, or any extension or extensions, branch or branches thereof,
for public use in the conveyance of persons or property for hire, being
mainly upon, along, above, or below any street, avenue, road, highway,
bridge, or public place within any one city or town, and includes all
equipment, switches, spurs, tracks, bridges, right of trackage,
subways, tunnels, stations, terminals, and terminal facilities of every
kind used, operated, controlled, or owned by or in connection with any
such street railroad, within this state.
(8) "Street railroad company" includes every corporation, company,
association, joint stock association, partnership, and person, their
lessees, trustees, or receivers appointed by any court whatsoever, and
every city or town, owning, controlling, operating, or managing any
street railroad or any cars or other equipment used thereon or in
connection therewith within this state.
(9) "Railroad" includes every railroad, other than street railroad,
by whatsoever power operated for public use in the conveyance of
persons or property for hire, with all ((bridges, ferries, tunnels,))
facilities and equipment, ((switches, spurs, tracks, stations, and
terminal facilities of every kind)) used, operated, controlled, or
owned by or in connection with any such railroad.
(10) "Railroad company" includes every corporation, company,
association, joint stock association, partnership, or person, their
lessees, trustees, or receivers appointed by any court whatsoever,
owning, operating, controlling, or managing any railroad or any cars or
other equipment used thereon or in connection therewith within this
state.
(("Express company" includes every corporation, company,
association, joint stock association, partnership, and person, their
lessees, trustees, or receivers appointed by any court whatsoever, who
shall engage in or transact the business of carrying any freight,
merchandise, or property for hire on the line of any common carrier
operated in this state.))
(11) "Common carrier" includes all railroads, railroad companies,
street railroads, street railroad companies, commercial ferries,
((express companies, car companies, sleeping car companies,)) motor
freight ((companies, freight line companies)) carriers, auto
transportation companies, charter party carriers and excursion service
carriers, private nonprofit transportation providers, solid waste
collection companies, household goods carriers, hazardous liquid
pipeline companies, and every corporation, company, association, joint
stock association, partnership, and person, their lessees, trustees, or
receivers appointed by any court whatsoever, and every city or town,
owning, operating, managing, or controlling any such agency for public
use in the conveyance of persons or property for hire within this
state.
(12) "Vessel" includes every species of watercraft, by whatsoever
power operated, for public use in the conveyance of persons or property
for hire over and upon the waters within this state, excepting all
towboats, tugs, scows, barges, and lighters, and excepting rowboats and
sailing boats under twenty gross tons burden, open steam launches of
five tons gross and under, and vessels under five tons gross propelled
by gas, fluid, naphtha, or electric motors.
(13) "Commercial ferry" includes every corporation, company,
association, joint stock association, partnership, and person, their
lessees, trustees, or receivers, appointed by any court whatsoever,
owning, controlling, leasing, operating, or managing any vessel over
and upon the waters of this state.
(14) "Transportation of property" includes any service in
connection with the receiving, delivery, elevation, transfer in
transit, ventilation, refrigeration, icing, storage, and handling of
the property transported, and the transmission of credit.
(15) "Transportation of persons" includes any service in connection
with the receiving, carriage, and delivery of ((the person)) persons
transported and ((his)) their baggage and all facilities used, or
necessary to be used in connection with the safety, comfort, and
convenience of ((the person)) persons transported.
(16) "Public service company" includes every common carrier.
(17) The term "service" is used in this title in its broadest and
most inclusive sense.
Sec. 5 RCW 81.04.080 and 1989 c 107 s 2 are each amended to read
as follows:
Every public service company shall annually furnish to the
commission a report in such form as the commission may require, and
shall specifically answer all questions propounded to it by the
commission((, upon or concerning which the commission may need
information. Such annual reports shall show in detail the amount of
capital stock issued, the amounts paid therefor and the manner of
payment for same, the dividends paid, the surplus fund, if any, and the
number of stockholders, the funded and floating debts and the interest
paid thereon, the cost and value of the company's property, franchises
and equipment, the number of employees and the salaries paid each
class, the accidents to passengers, employees and other persons and the
cost thereof, the amounts expended for improvements each year, how
expended and the character of such improvements, the earnings or
receipts from each franchise or business and from all sources, the
proportion thereof earned from business moving wholly within the state
and the proportion earned from interstate traffic, the nature of the
traffic movement showing the percentage of the ton miles each class of
commodity bears to the total ton mileage, the operating and other
expenses and the proportion of such expense incurred in transacting
business wholly within the state, and the proportion incurred in
transacting interstate business, such division to be shown according to
such rules of division as the commission may prescribe, the balances of
profit and loss, and a complete exhibit of the financial operations of
the carrier each year, including an annual balance sheet. Such report
shall also contain such information in relation to rates, charges or
regulations concerning fares, charges or freights, or agreements,
arrangements or contracts affecting the same, as the commission may
require; and)). The commission may((, in its discretion, for the
purpose of enabling it the better to carry out the provisions of this
title,)) prescribe the period of time within which all public service
companies subject to ((the provisions of)) this title ((shall)) must
have, as near as may be, a uniform system of accounts, and the manner
in which ((such)) the accounts ((shall)) must be kept. ((Such)) The
detailed report ((shall)) must contain all the required statistics for
the period of twelve months ending on the last day of any particular
month prescribed by the commission for any public service company.
((Such)) The reports ((shall)) must be made out under oath and filed
with the commission at its office in Olympia on ((such)) a date ((as))
the commission specifies by rule, unless additional time ((be)) is
granted ((in any case)) by the commission. The commission ((shall have
authority to)) may require any public service company to file monthly
reports of earnings and expenses, and to file periodical or special
reports, or both ((periodical and special, reports)), concerning any
matter ((about which)) the commission is authorized or required, by
this or any other law, to inquire into or keep itself informed about,
or which it is required to enforce, ((such)) the periodical or special
reports to be under oath whenever the commission so requires.
Sec. 6 RCW 81.04.130 and 1993 c 300 s 1 are each amended to read
as follows:
Whenever any public service company, ((other than a railroad
company)) subject to regulation by the commission as to rates and
service, files with the commission any schedule, classification, rule,
or regulation, the effect of which is to change any rate, fare, charge,
rental, or toll previously charged, the commission ((has power)) may,
either upon its own motion or upon complaint, upon notice, ((to)) hold
a hearing concerning the proposed change and the reasonableness and
justness of it. Pending the hearing and the decision, the commission
may suspend the operation of the rate, fare, charge, rental, or toll,
if the change is proposed by a common carrier ((subject to the
jurisdiction of the commission,)) other than a solid waste collection
company, for a period not exceeding seven months, and, if proposed by
a solid waste collection company, for a period not exceeding ten months
from the time the change would otherwise go into effect. After a full
hearing the commission may make ((such)) the order in reference to the
change as would be provided in a hearing initiated after the change had
become effective.
At any hearing involving any change in any schedule,
classification, rule, or regulation the effect of which is to increase
any rate, fare, charge, rental, or toll theretofore charged, the burden
of proof to show that ((such)) the increase is just and reasonable is
upon the public service company. When any common carrier ((subject to
the jurisdiction of the commission)) files any tariff, classification,
rule, or regulation the effect of which is to decrease any rate, fare,
or charge, the burden of proof to show that such decrease is just and
reasonable is upon the common carrier.
Sec. 7 RCW 81.04.150 and 1984 c 143 s 2 are each amended to read
as follows:
Whenever the commission finds, after a hearing ((had)) upon its own
motion or upon complaint as provided in this chapter, that any rate,
toll, rental, or charge that has been the subject of complaint and
inquiry is sufficiently remunerative to the public service company((,
other than a railroad company,)) subject to regulation by the
commission as to rates and service affected by it, the commission may
order that the rate, toll, rental, or charge ((shall)) must not be
changed, altered, abrogated, or discontinued, nor ((shall)) must there
be any change in the classification that will change or alter the rate,
toll, rental, or charge without first obtaining the consent of the
commission authorizing the change to be made.
Sec. 8 RCW 81.04.160 and 1961 c 14 s 81.04.160 are each amended
to read as follows:
The commission ((is hereby authorized and empowered to)) may
adopt((, promulgate and issue rules and regulations covering the
bulletining of trains, showing the time of arrival and departure of all
trains, and the probable arrival and departure of delayed trains; the
conditions to be contained in and become a part of contracts for
transportation of persons and property, and any and all services
concerning the same, or connected therewith; the time that station
rooms and offices shall be kept open; rules governing demurrage and
reciprocal demurrage, and to provide reasonable penalties to expedite
the prompt movement of freight and release of cars, the limits of
express deliveries in cities and towns, and generally such)) rules
((as)) that pertain to the comfort and convenience of the public
((concerning the subjects treated of in this title. Such rules and
regulations shall be promulgated and issued by the commission on its
own motion, and shall be served on the public service company affected
thereby as other orders of the commission are served. Any public
service company affected thereby, and deeming such rules and
regulations, or any of them, improper, unjust, unreasonable, or
contrary to law, may within twenty days from the date of service of
such order upon it file objections thereto with the commission,
specifying the particular grounds of such objections. The commission
shall, upon receipt of such objections, fix a time and place for
hearing the same, and after a full hearing may make such changes or
modifications thereto, if any, as the evidence may justify. The
commission shall have, and it is hereby given, power to adopt rules to
govern its proceedings, and to regulate the mode and manner of all
investigations and hearings: PROVIDED, No person desiring to be
present at such hearing shall be denied permission. Actions may be
instituted to review rules and regulations promulgated under this
section as in the case of orders of the commission)) using the services
of public service companies that are subject to regulation by the
commission as to services provided.
Sec. 9 RCW 81.04.220 and 1961 c 14 s 81.04.220 are each amended
to read as follows:
((When)) After a complaint ((has been)) is made to the commission
concerning the reasonableness of any rate, fare, toll, rental or charge
for any service performed by any public service company subject to
regulation by the commission as to rates and service, and the ((same
has been)) complaint is investigated by the commission, and the
commission ((has determined)) determines both that the public service
company has charged an excessive or exorbitant amount for ((such)) the
service((,)) and ((the commission has determined)) that any party
complainant is entitled to an award of damages, the commission shall
order ((that)) the public service company to pay ((to)) the complainant
the excess amount found to have been charged, whether ((such)) the
excess amount was charged and collected before or after the filing of
((said)) the complaint, with interest from the date of the collection
of ((said)) the excess amount.
Sec. 10 RCW 81.04.240 and 1961 c 14 s 81.04.240 are each amended
to read as follows:
If the public service company subject to regulation by the
commission as to rates and service does not comply with the order of
the commission for the payment of damages or overcharges within the
time limited in the order, action may be brought in any superior court
where service may be had upon the company to recover the amount of
damages or overcharges with interest. The commission shall certify and
file its record in the case, including all exhibits, with the clerk of
the court within thirty days after ((such)) the action is started
((and)). The action ((shall)) must be heard on the evidence and
exhibits introduced before and certified by the commission ((and
certified to by it)).
If the complainant ((shall prevail)) prevails in the action, the
court shall enter judgment for the amount of damages or overcharges
with interest and ((shall allow)) award the complainant ((a))
reasonable attorney's fees, and the cost of preparing and certifying
the record for the benefit of and to be paid to the commission by
complainant, and deposited by the commission in the public service
revolving fund, ((said)) the sums to be fixed and collected as a part
of the costs of the action.
If the order of the commission is found contrary to law or
erroneous by ((reason of)) the rejection of testimony properly offered,
the court shall remand the cause to the commission with instructions to
receive the testimony so proffered and rejected and enter a new order
based upon the evidence theretofore taken and such as it is directed to
receive.
The court may remand any action ((which is reversed by)) it
reverses to the commission for further action.
Appeals to the supreme court shall lie as in other civil cases.
Action to recover damages or overcharges ((shall)) must be filed in the
superior court within one year from the date of the order of the
commission.
The procedure provided in this section is exclusive, and neither
the supreme court nor any superior court ((shall have)) has
jurisdiction ((save in the manner hereinbefore)) except as provided.
Sec. 11 RCW 81.04.250 and 1984 c 143 s 3 are each amended to read
as follows:
The commission ((has the power)) may, upon complaint or upon its
own motion ((to)), prescribe and authorize just and reasonable rates
for the transportation of persons or property ((by carriers other than
railroad companies, and shall exercise that power)) for any public
service company subject to regulation by the commission as to rates and
service, whenever and as often as it deems necessary or proper. The
commission shall, before any hearing ((is had)) upon the complaint or
motion, notify the complainants and the carrier concerned of the time
and place of the hearing by giving at least ten days' written notice
thereof, specifying that at the time and place designated a hearing
will be held for the purpose of prescribing and authorizing the rates.
The notice is sufficient to authorize the commission to inquire into
and pass upon the matters designated in this section.
In exercising this power, the commission may use any standard,
formula, method, or theory of valuation reasonably calculated to arrive
at the objective of prescribing and authorizing just and reasonable
rates.
In the exercise of this power, the commission may ((give
consideration)) consider, in addition to other factors, ((to)) the
following:
(1) ((To)) The effect of the rates upon movement of traffic by the
carriers;
(2) ((To)) The public need for adequate transportation facilities,
equipment, and service at the lowest level of charges consistent with
the provision, maintenance, and renewal of the facilities, equipment,
and service; and
(3) ((To)) The carrier need for revenue of a level that under
honest, efficient, and economical management is sufficient to cover the
cost ((()), including all operating expenses, depreciation accruals,
rents, and taxes of every kind(())), of providing adequate
transportation service, plus an amount equal to the percentage of that
cost as is reasonably necessary for the provision, maintenance, and
renewal of the transportation facilities or equipment and a reasonable
profit to the carrier. The relation of carrier expenses to carrier
revenues may be deemed the proper test of a reasonable profit.
((This section does not apply to railroad companies, which shall be
regulated in this regard by chapter 81.34 RCW and rules adopted
thereunder.))
Sec. 12 RCW 81.04.270 and 1961 c 14 s 81.04.270 are each amended
to read as follows:
Any public service company ((engaging)), subject to regulation by
the commission as to rates and services, that engages in the sale of
merchandise or appliances or equipment shall keep separate accounts, as
prescribed by the commission, of its capital employed in such business
and of its revenues therefrom and operating expenses thereof. The
capital employed in such business ((shall)) is not ((constitute)) a
part of the fair value of ((said)) the company's property for rate
making purposes, ((nor shall)) and the revenues from or operating
expenses of such business ((constitute)) are not a part of the
operating revenues and expenses of ((said)) the company as a public
service company.
Sec. 13 RCW 81.04.280 and 1961 c 14 s 81.04.280 are each amended
to read as follows:
((No)) A public service company subject to regulation by the
commission as to rates and service shall not: (1) Permit any employee
to sell, offer for sale, or solicit the purchase of any security of any
other person or corporation during such hours as such employee is
engaged to perform any duty of such public service company; ((nor shall
any public service company)) (2) by any means or device, require any
employee to purchase or contract to purchase any of its securities or
those of any other person or corporation; ((nor shall any public
service company)) or (3) require any employee to permit the deduction
from his wages or salary of any sum as a payment or to be applied as a
payment of any purchase or contract to purchase any security of such
public service company or of any other person or corporation.
Sec. 14 RCW 81.04.300 and 1961 c 14 s 81.04.300 are each amended
to read as follows:
The commission may regulate, restrict, and control the budgets of
expenditures of public service companies subject to regulation by the
commission as to rates and service. The commission may require each
company ((shall)) to prepare a budget showing the amount of money
which, in its judgment, ((will be)) is needed during the ensuing year
for maintenance, operation, and construction, classified by accounts as
prescribed by the commission, and shall within ten days of the date it
is approved by the company file it with the commission for its
investigation and approval or rejection. When a budget has been filed
((with)), the commission ((it)) shall examine into and investigate it
to determine whether the expenditures therein proposed are fair and
reasonable and not contrary to public interest.
Adjustments or additions to budget expenditures may be made from
time to time during the year by filing a supplementary budget with the
commission for its investigation and approval or rejection.
Sec. 15 RCW 81.04.330 and 1961 c 14 s 81.04.330 are each amended
to read as follows:
Any public service company subject to regulation by the commission
as to rates and service may make or contract for any rejected item of
expenditure, but in such case the ((same)) rejected item of expenditure
shall not be allowed as an operating expense, or as to items of
construction, as a part of the fair value of the company's property
used and useful in serving the public: PROVIDED, That such items of
construction may at any time thereafter be so allowed in whole or in
part upon proof that they are used and useful. Any company may upon
the happening of any emergency caused by fire, flood, explosion, storm,
earthquake, riot, or insurrection, or for the immediate preservation or
restoration to condition of usefulness of any of its property, the
usefulness of which has been destroyed by accident, make the necessary
expenditure therefor free from the operation of RCW 81.04.300 through
81.04.330.
Any finding and order entered by the commission ((shall be in
effect)) is effective until vacated and set aside in proper proceedings
for review thereof.
Sec. 16 RCW 81.04.350 and 1961 c 14 s 81.04.350 are each amended
to read as follows:
The commission ((shall have power)) may after hearing ((to))
require any ((or all)) public service ((companies)) company subject to
regulation by the commission as to rates and service to carry proper
and adequate depreciation or retirement accounts in accordance with
such rules, regulations, and forms of accounts as the commission may
prescribe. The commission may from time to time ascertain and by order
fix the proper and adequate rates of depreciation or retirement of the
several classes of property of each public service company. Each
public service company shall conform its depreciation or retirement
accounts to the rates so prescribed. In fixing the rate of the annual
depreciation or retirement charge, the commission may consider the rate
and amount theretofore charged by the company for depreciation or
retirement.
The commission ((shall have and)) may exercise like power and
authority over all other reserve accounts of public service companies.
Sec. 17 RCW 81.04.360 and 1961 c 14 s 81.04.360 are each amended
to read as follows:
If any public service company subject to regulation by the
commission as to rates and service earns in the period of five
consecutive years immediately preceding the commission order fixing
rates for such company a net utility operating income in excess of a
reasonable rate of return upon the fair value of its property used and
useful in the public service, the commission shall take official notice
of such fact and of whether any such excess earnings ((shall have
been)) were invested in such company's plant or otherwise used for
purposes beneficial to the consumers of such company and may consider
such facts in fixing rates for such company.
Sec. 18 RCW 81.08.010 and 1981 c 13 s 3 are each amended to read
as follows:
((The term)) "Public service company((",))," as used in this
chapter, ((shall mean)) means every ((company now or hereafter engaged
in business in this state as a public utility and)) common carrier
subject to regulation as to rates and service by the utilities and
transportation commission under ((the provisions of)) this title((:
PROVIDED, That it shall not include any such company the issuance of
stocks and securities of which is subject to regulation by the
Interstate Commerce Commission: PROVIDED FURTHER, That it shall not
include any "motor carrier" as that term is defined in RCW 81.80.010
or)), except any "household goods carrier" subject to chapter 81.80 RCW
or any "((garbage and refuse)) solid waste collection company" subject
to ((the provisions of)) chapter 81.77 RCW.
Sec. 19 RCW 81.12.010 and 1981 c 13 s 4 are each amended to read
as follows:
((The term)) "Public service company," as used in this chapter,
((shall mean)) means every ((company now or hereafter engaged in
business in this state as a public utility and)) common carrier subject
to regulation as to rates and service by the utilities and
transportation commission under the provisions of this title((:
PROVIDED, That)). It ((shall)) does not include common carriers
subject to regulation by the ((Interstate Commerce Commission:
PROVIDED FURTHER, That it shall not include motor freight carriers
subject to the provisions of)) federal energy regulatory commission or
the United States department of transportation, household goods
carriers subject to chapter 81.80 RCW, or ((garbage and refuse)) solid
waste collection companies subject to ((the provisions of)) chapter
81.77 RCW((: PROVIDED FURTHER, That nothing contained in this chapter
shall relieve public service companies from the necessity for
compliance with the provisions of RCW 81.80.270)). This section does
not apply to transfers of permits or certificates.
Sec. 20 RCW 81.16.010 and 1969 ex.s. c 210 s 5 are each amended
to read as follows:
As used in this chapter((, the term)):
(1) "Public service company" ((shall include)) means every
corporation engaged in business as a ((public utility)) common carrier
and subject to regulation as to rates and service by the utilities and
transportation commission under ((the provisions of)) this title.
((As used in this chapter, the term))
(2) "Affiliated interest((,))" means:
(a) Every corporation and person owning or holding directly or
indirectly five percent or more of the voting securities of any public
service company engaged in any intrastate business in this state;
(b) Every corporation and person, other than those above specified,
in any chain of successive ownership of five percent or more of voting
securities, the chain beginning with the holder of the voting
securities of such public service company;
(c) Every corporation five percent or more of whose voting
securities are owned by any person or corporation owning five percent
or more of the voting securities of such public service company or by
any person or corporation in any such chain of successive ownership of
five percent or more of voting securities;
(d) Every corporation or person with which the public service
company has a management or service contract; and
(e) Every person who is an officer or director of such public
service company or of any corporation in any chain of successive
ownership of five percent or more of voting securities.
Sec. 21 RCW 81.24.010 and 2003 c 296 s 2 are each amended to read
as follows:
(1) Every company subject to regulation by the commission, except
((auto transportation companies, steamboat companies, and motor freight
carriers)) those listed in subsection (3) of this section, shall, on or
before the date specified by the commission for filing annual reports
under RCW 81.04.080, file with the commission a statement on oath
showing its gross operating revenue from intrastate operations for the
preceding calendar year, or portion thereof, and pay to the commission
a fee equal to one-tenth of one percent of the first fifty thousand
dollars of gross operating revenue, plus two-tenths of one percent of
any gross operating revenue in excess of fifty thousand dollars, except
railroad companies which shall each pay to the commission a fee equal
to one and one-half percent of its intrastate gross operating revenue.
The commission may, by rule, set minimum fees that do not exceed the
cost of collecting the fees. The commission may by rule waive any or
all of the minimum fee established pursuant to this section. Any
railroad association that qualifies as a ((not-for-profit)) nonprofit
charitable organization under the federal internal revenue code section
501(c)(3) is exempt from the fee required under this subsection.
(2) The percentage rates of gross operating revenue to be paid in
any one year may be decreased by the commission for any class of
companies subject to the payment of such fees, by general order entered
before March 1st of such year, and for such purpose ((such)) railroad
companies ((shall be)) are classified as ((follows: Railroad, express,
sleeping car, and toll bridge companies shall constitute)) class two.
Every other company subject to regulation by the commission, for which
regulatory fees are not otherwise fixed by law, shall pay fees as
herein provided and shall constitute additional classes according to
kinds of businesses engaged in.
(3) This section does not apply to private nonprofit transportation
providers, auto transportation companies, charter party carriers and
excursion service carriers, solid waste collection companies, motor
freight carriers, household goods carriers, commercial ferries, and
low-level radioactive waste storage facilities.
Sec. 22 RCW 81.28.010 and 1961 c 14 s 81.28.010 are each amended
to read as follows:
All charges made for any service rendered or to be rendered in the
transportation of persons or property, or in connection therewith, by
any common carrier subject to regulation by the commission as to rates
and service, or by any two or more such common carriers, ((shall)) must
be just, fair, reasonable, and sufficient.
Every common carrier shall construct, furnish, maintain and
provide, safe, adequate, and sufficient service facilities((, trackage,
sidings, railroad connections, industrial and commercial spurs)) and
equipment to enable it to promptly, expeditiously, safely, and properly
receive, transport, and deliver all persons or property offered to or
received by it for transportation, and to promote the safety, health,
comfort, and convenience of its patrons, employees, and the public.
All rules and regulations issued by any such common carrier
affecting or pertaining to the transportation of persons or property
((shall)) must be just and reasonable.
Sec. 23 RCW 81.28.020 and 1961 c 14 s 81.28.020 are each amended
to read as follows:
Every common carrier subject to regulation by the commission as to
rates and service shall under reasonable rules and regulations promptly
and expeditiously receive, transport, and deliver all persons or
property offered to or received by it for transportation. ((All
persons receiving cars for loading shall promptly and expeditiously
load the same, and all persons receiving property shall promptly and
expeditiously receive and remove the same from the cars and freight
rooms.))
Sec. 24 RCW 81.28.030 and 1961 c 14 s 81.28.030 are each amended
to read as follows:
All ((transportation companies)) common carriers subject to
regulation by the commission as to rates and service and doing business
wholly ((or in part)) within this state shall, upon receipt of any
article of freight, promptly forward the same to its marked
destination, by the route directed by the shipper, or if no directions
are given by shipper, then to any connecting company whose line or
route reaches nearest to the point to which such freight is marked.
Any ((transportation company)) such common carrier failing to
comply with this section ((shall be)) is liable for any damages that
may be sustained, either to the shipper or consignee, from any cause,
upon proof that ((said)) the damages resulted ((on account of)) from a
failure of the transportation company to comply with this section.
Suit for damages may be instituted either at the place of shipping
or destination, either by the shipper or consignee, and before any
court competent and qualified to hear and determine like causes between
((individuals resident of)) persons who reside in the court's district
((in which said court is holding)).
Sec. 25 RCW 81.28.040 and 1984 c 143 s 4 are each amended to read
as follows:
Every common carrier subject to regulation by the commission as to
rates and service shall file with the commission and shall print and
keep open for public inspection, schedules showing the rates, fares,
charges, and classification for the transportation of persons and
property within the state between each point upon the carrier's route
and all other points thereon; and between each point upon its route and
all points upon every route leased, operated, or controlled by it; and
between each point on its route or upon any route leased, operated, or
controlled by it and all points upon the route of any other common
carrier, whenever a through route and joint rate have been established
or ordered between any two such points. If no joint rate over a
through route has been established, the several carriers participating
in the through route shall file, print, and keep open for public
inspection, the separately established rates, fares, charges, and
classifications that apply to the through transportation. The
schedules printed ((shall)) must: Plainly state the places between
which property and persons ((will be)) are carried((, shall also));
contain classification of passengers or property in force((, and shall
also)); and state separately all terminal charges, storage charges,
icing charges, ((and)) all other charges that the commission may
require to be stated, all privileges or facilities granted or allowed,
and any rules or regulations that may in any way change, affect, or
determine any part, or the aggregate of, such rates, fares, and
charges, or the value of the service rendered to the passenger,
shipper, or consignee. The schedule ((shall)) must be plainly printed
in large type, and a copy of it shall be kept by every carrier readily
accessible to inspection by the public in every station or office of
the carrier where passengers or property are respectively received for
transportation, when the station or office is in charge of any agent.
All ((or any)) of the schedules kept as provided in this section
((shall)) must be immediately produced by the carrier for inspection
upon the demand of any person. A notice printed in bold type and
stating that the schedules are on file with the agent and open to
inspection by any person and that the agent will assist any person to
determine from the schedules any transportation rates or fares or rules
or regulations that are in force ((shall)) must be kept posted by the
carrier in two public and conspicuous places in every such station or
office. The form of each schedule ((shall)) must be prescribed by the
commission.
The commission ((has power)) may, from time to time, ((to))
determine and prescribe by order such changes in the form of the
schedules as may be found expedient, and ((to)) modify the requirements
of this section in respect to publishing, posting, and filing of
schedules either in particular instances or by general rule or order
applicable to special or peculiar circumstances or conditions.
The commission may((, in its discretion,)) suspend the operation of
this section in whole or in part as applied to vessels engaged in
jobbing business not operating on regular routes. ((This section does
not apply to rail transportation contracts regulated by RCW 81.34.070
or to railroad services or transactions exempted under RCW 81.34.110.))
Sec. 26 RCW 81.28.050 and 1993 c 300 s 2 are each amended to read
as follows:
Unless the commission otherwise orders, ((no)) a change may not be
made ((in)) to any classification, rate, fare, charge, rule, or
regulation filed and published by a common carrier ((other than a rail
carrier)) subject to regulation by the commission as to rates and
service, except after thirty days' notice to the commission and to the
public. In the case of a solid waste collection company, ((no such))
a change may not be made except after forty-five days' notice to the
commission and to the public. The notice ((shall)) must be published
as provided in RCW 81.28.040 and ((shall)) must plainly state the
changes proposed to be made in the schedule then in force and the time
when the changed rate, classification, fare, or charge will go into
effect. All proposed changes ((shall)) must be shown by printing,
filing, and publishing new schedules or ((shall)) must be plainly
indicated upon the schedules in force at the time and kept open to
public inspection. ((In the case of a change proposed by a rail
carrier, except for changes to rail contracts between a rail carrier
and a shipper authorized under RCW 81.34.070, which changes become
effective in accordance with that section, a proposal resulting in a
rate increase or a new rate shall not become effective for twenty days
after the notice is published, and a proposal resulting in a rate
decrease shall not become effective for ten days after the notice is
published.)) The commission, for good cause shown, may by order allow
changes in rates without requiring the notice and the publication time
periods specified in this section. When any change is made in any
rate, fare, charge, classification, rule, or regulation, attention
((shall)) must be directed to the change by some character on the
schedule. The character and its placement ((shall)) must be designated
by the commission. The commission may, by order, for good cause shown,
allow changes in any rate, fare, charge, classification, rule, or
regulation without requiring any character to indicate each and every
change to be made.
Sec. 27 RCW 81.28.080 and 1973 1st ex.s. c 154 s 117 are each
amended to read as follows:
((No)) (1) A common carrier subject to regulation by the commission
as to rates and service shall not charge, demand, collect, or receive
a greater or less or different compensation for transportation of
persons or property, or for any service in connection therewith, than
the rates, fares, and charges applicable to such transportation as
specified in its schedules filed and in effect at the time((; nor shall
any such carrier)) and shall not refund or remit in any manner or by
any device any portion of the rates, fares, or charges so specified
excepting upon order of the commission as hereinafter provided, ((nor))
or extend to any shipper or person any privileges or facilities in the
transportation of passengers or property except such as are regularly
and uniformly extended to all persons and corporations under like
circumstances. ((No)) Any common carrier subject to regulation by the
commission as to rates and service shall not, directly or indirectly,
issue or give any free ticket, free pass, or free or reduced
transportation for passengers between points within this state, except
((its)) to the carrier's employees and their families, surgeons and
physicians and their families, ((its)) the carrier's officers, agents,
and attorneys at law; to ministers of religion, traveling secretaries
of ((railroad)) young men's christian associations, inmates of
hospitals, charitable and eleemosynary institutions, and persons
exclusively engaged in charitable and eleemosynary work; to indigent,
destitute, and homeless persons ((and to such persons when transported
by charitable societies or hospitals, and the necessary agents employed
in such transportation)); to inmates of the national homes or state
homes for ((disabled)) volunteer soldiers with disabilities and of
soldiers' and sailors' homes, including those about to enter and those
returning home after discharge; to necessary caretakers of livestock,
poultry, milk, and fruit; ((to employees of sleeping car companies,
express companies, and)) to linemen of telegraph and telephone
companies; to ((railway mail service employees,)) post office
inspectors, customs inspectors, and immigration inspectors; to
((newsboys on trains;)) baggage agents((,)) and witnesses attending any
legal investigation in which the common carrier is interested; to
persons injured in accidents or wrecks and physicians and nurses
attending such persons; to the national guard of Washington when on
official duty((,)) and students going to and returning from state
institutions of learning((: PROVIDED, That)). This ((provision shall
not be construed to)) section does not prohibit the interchange of
passes for the officers, attorneys, agents and employees and their
families, of ((railroad companies, steamboat companies, express
companies and sleeping car companies with other railroad companies,
steamboat companies, express companies and sleeping car companies, nor
to)) commercial ferries or prohibit any common carrier from carrying
passengers free with the object of providing relief in cases of general
epidemic, pestilence, or other calamitous visitation((: AND PROVIDED,
FURTHER, That this provision shall not be construed to prohibit the
exchange of passes or franks for the officers, attorneys, agents,
employees, and their families of such telegraph, telephone and cable
lines, and the officers, attorneys, agents, employees, and their
families of other telegraph, telephone or cable lines, or with railroad
companies, express companies or sleeping car companies: PROVIDED,
FURTHER, That the term)).
(2) "Employee," as used in this section ((shall)), includes
furloughed, pensioned, and superannuated employees, persons who have
become disabled or infirm in the service of any such common carrier,
((and)) the remains of a person killed or dying in the employment of a
carrier, those entering or leaving its service, and ((ex-employees))
former employees traveling for the purpose of entering the service of
any such common carrier((; and the term)).
(3) "Families," as used in this section ((shall)), includes the
families of those persons named in subsection (2) of this ((proviso,
also)) section, the families of persons killed and ((the)) their
surviving spouses prior to remarriage and minor children during
minority, and the families of persons who died while in the service of
any such common carrier((: AND PROVIDED, FURTHER, That)).
(4) Nothing ((herein contained shall)) in this section prevents the
issuance of mileage, commutation tickets, or excursion passenger
tickets((: AND PROVIDED, FURTHER, That nothing in this section shall
be construed to)) or prevents the issuance of free or reduced
transportation by any street railroad company for mail carriers, or
policemen or members of fire departments, city officers, and employees
when engaged in the performance of their duties as ((such)) city
employees.
(5) Common carriers ((subject to the provisions of this title)) may
carry, store, or handle, free or at reduced rates, property for the
United States, state, county, or municipal governments, ((or)) for
charitable purposes, or to or from fairs and exhibitions for exhibition
thereat, and may carry, store, or handle, free or at reduced rates, the
household goods and personal effects of its employees ((and)), those
entering or leaving its service, and those killed or dying while in its
service.
((Nothing in this title shall be construed to prohibit the making
of a special contract providing for the mutual exchange of service
between any railroad company and any telegraph or telephone company,
where the line of such telegraph or telephone company is situated upon
or along the railroad right of way and used by both of such
companies.))
Sec. 28 RCW 81.28.180 and 1984 c 143 s 6 are each amended to read
as follows:
A common carrier subject to regulation by the commission as to
rates and service shall not, directly or indirectly, by any special
rate, rebate, drawback, or other device or method, charge, demand,
collect, or receive from any person or corporation a greater or lesser
compensation for any service rendered or to be rendered in the
transportation of persons or property, except as authorized in this
title, than it charges, demands, collects, or receives from any person
or corporation for doing a like and contemporaneous service in the
transportation of a like kind of traffic under the same or
substantially similar circumstances and conditions. ((This section
does not apply to railroad companies, which shall be regulated in this
regard by chapter 81.34 RCW and rules adopted thereunder.))
Sec. 29 RCW 81.28.190 and 1984 c 143 s 7 are each amended to read
as follows:
A common carrier subject to regulation by the commission as to
rates and service shall not make or give any undue or unreasonable
preference or advantage to any person ((or)), corporation ((or to
any)), locality, or ((to any)) particular description of traffic in any
respect whatsoever, or subject any particular person ((or)),
corporation ((or)), locality, or ((any)) particular description of
traffic, to any undue or unreasonable prejudice or disadvantage in any
respect whatsoever. ((This section does not apply to railroad
companies, which shall be regulated in this regard by chapter 81.34 RCW
and rules adopted thereunder.))
Sec. 30 RCW 81.28.200 and 1984 c 143 s 8 are each amended to read
as follows:
A common carrier, subject to ((the provisions of)) regulation by
the commission as to rates and service and this title, shall not charge
or receive any greater compensation in the aggregate for the
transportation of persons or ((of)) a like kind of property((,)) for a
shorter distance than for a longer distance over the same line in the
same direction, the shorter distance being included within the longer
distance, or to charge any greater compensation as a through rate than
the aggregate of the intermediate rates((,)) subject to ((the
provisions of)) this title. ((This shall not be construed as
authorizing any such)) The common carriers ((to)) may not charge and
receive as great a compensation for a shorter as for a longer distance
or haul. Upon the application of a common carrier, the commission may
by order authorize ((it)) the common carrier to charge less for a
longer distance than for a shorter distance for the transportation of
persons or property in special cases after investigation by the
commission, but the order must specify and prescribe the extent to
which the common carrier making the application is relieved from the
operation of this section. Only to the extent so specified and
prescribed is any common carrier relieved from the operation and
requirements of this section. ((This section does not apply to
railroad companies, which shall be regulated in this regard by chapter
81.34 RCW and rules adopted thereunder.))
Sec. 31 RCW 81.28.210 and 1961 c 14 s 81.28.210 are each amended
to read as follows:
((No)) (1) A common carrier subject to regulation by the commission
as to rates and service, or any officer or agent thereof, or any person
acting for or employed by ((it)) the common carrier, shall not assist,
suffer, or permit any person or corporation to obtain transportation
for any person or property between points within this state at less
than the rates then established and in force in accordance with the
schedules filed and published ((in accordance with the provisions of))
under this title, by ((means of)) false billing, false classification,
false weight or weighing, or false report of weight, or by any other
device or means. ((No)) Any person, corporation, or any officer,
agent, or employee of a corporation, who ((shall)) delivers property
for transportation within the state to a common carrier, shall not seek
to obtain or obtain such transportation for such property at less than
the rates then established and in force ((therefor, as aforesaid)), by
false billing, false or incorrect classification, false weight or
weighing, false representation of the contents or substance of a
package, or false report or statement of weight, or by any device or
means, whether with or without the consent or connivance of a common
carrier or any of its officers, agents, or employees.
((No)) (2) A person, corporation, or any officer, agent, or
employee((,)) of a corporation, shall not knowingly or wilfully,
directly or indirectly, by false statement or representation as to the
cost, value, nature, or extent of injury, or by the use of any false
billing, bill of lading, receipt, voucher, roll, account, claim,
certificate, affidavit, or deposition, knowing the same to be false,
fictitious, or fraudulent, or to upon any false, fictitious, or
fraudulent statement or entry, obtain or attempt to obtain any
allowance, rebate, or payment for damage, or otherwise, in connection
with or growing out of the transportation of persons or property, or
agreement to transport such persons or property, whether with or
without the consent or connivance of such common carrier or any of its
officers, agents, or employees, ((whereby)) when the compensation of
such carrier for such transportation ((shall be in fact made)) is less
than the rates then established and in force ((therefor)).
((No)) (3) A person, corporation, or any officer, agent, or
employee of a corporation, who ((shall)) delivers property for
transportation within the state to a common carrier, shall not seek to
obtain or obtain such transportation by any false representation((,))
or false statement of false paper or token as to the contents or
substance thereof, ((where)) when the transportation of such property
is prohibited by law.
Sec. 32 RCW 81.28.220 and 1961 c 14 s 81.28.220 are each amended
to read as follows:
The attorney general of the state of Washington ((is authorized and
directed)) shall, whenever he or she has reasonable grounds to believe
that any person, firm, or corporation has knowingly accepted or
received from any carriers of persons or property subject to the
jurisdiction of the commission, either directly or indirectly, any
unlawful rebate, discount, deduction, concession, refund, or remittance
from the rates or charges filed and open to public inspection as
provided for in the public service laws of this state, ((to)) prosecute
a civil action in the name of the people of the state of Washington in
the superior court of Thurston county to collect three times the total
sum of such rebates, discounts, deductions, concessions, refunds, or
remittances so accepted or received within three years prior to the
commencement of such action.
All penalties imposed under the provisions of this section shall be
paid to the state treasurer and by him deposited in the public service
revolving fund.
Sec. 33 RCW 81.28.230 and 1984 c 143 s 9 are each amended to read
as follows:
Whenever the commission finds, after a hearing had upon its own
motion or upon complaint, as provided in this chapter, that the rates,
fares, or charges demanded, exacted, charged, or collected by any
common carrier subject to regulation by the commission as to rates and
service for the transportation of persons or property within the state
or in connection therewith, or that the regulations or practices of the
common carrier affecting those rates are unjust, unreasonable, unjustly
discriminatory, or unduly preferential, or in any way are in violation
of the provisions of law, or that the rates, fares, or charges are
insufficient to yield a reasonable compensation for the service
rendered, the commission shall determine and fix by order the just,
reasonable, or sufficient rates, fares, or charges, or the regulations
or practices to be thereafter observed and enforced. ((This section
does not apply to railroad companies, which shall be regulated in this
regard by chapter 81.34 RCW and rules adopted thereunder.))
Sec. 34 RCW 81.28.250 and 1961 c 14 s 81.28.250 are each amended
to read as follows:
The commission shall ((have power, and it is hereby made its duty,
to)) investigate all interstate, rates, fares, charges,
classifications, or rules or practices in relation ((thereto, for or in
relation)) to the transportation of persons or property ((where any act
in relation thereto shall take place)) within this state, and ((when
the same are, in the opinion of)) if the commission((,)) determines
that these rates, fares, charges, classification, or rules or practices
are excessive or discriminatory, or are ((levied or laid)) applied in
violation of the act of congress entitled "An act to regulate
commerce," approved February 4, 1887, ((and the acts amendatory thereof
and supplementary thereto)) as amended or supplemented, or in conflict
with the rulings, orders, or regulations of the ((interstate commerce
commission)) applicable federal regulatory agency, the commission shall
apply, by petition, to the ((interstate commerce commission))
applicable federal regulatory agency for relief, and may present to the
((interstate commerce commission)) agency all facts ((coming to its
knowledge as to)) concerning violations of the rulings, orders, or
regulations of that ((commission)) agency, or ((as to)) violations of
the ((said)) act to regulate commerce ((or acts amendatory thereof or
supplementary thereto)) as amended or supplemented.
Sec. 35 RCW 81.28.260 and 1961 c 14 s 81.28.260 are each amended
to read as follows:
Bicycles ((are hereby declared to be and are deemed baggage, and
shall)) must be transported as baggage for passengers by ((railroad
corporations and steamboats,)) commercial ferries and are subject to
the same liabilities as other baggage((; and no such)). A passenger
((shall be)) is not required to crate, cover, or otherwise protect any
((such)) bicycle((: PROVIDED, That a railroad corporation or steamboat
shall)). A commercial ferry is not ((be)) required to transport
((under the provisions of this section)) more than one bicycle for one
person.
Sec. 36 RCW 81.29.010 and 1961 c 14 s 81.29.010 are each amended
to read as follows:
((The term)) "Common carrier," as used in this chapter ((shall
include every individual, firm, copartnership, association or
corporation, or their lessees, trustees or receivers, engaged in the
transportation of property for the public for hire, whether by rail,
water, motor vehicle, air or otherwise)), means every common carrier
subject to regulation by the commission as to rates and service.
Sec. 37 RCW 81.29.020 and 1982 c 83 s 1 are each amended to read
as follows:
(1) Any common carrier subject to regulation by the commission as
to rates and service, receiving property for transportation wholly
within the state of Washington from one point in the state of
Washington to another point in the state of Washington, shall issue a
receipt or bill of lading ((therefor,)) and ((shall be)) is liable to
the lawful holder thereof for any loss, damage, or injury to such
property caused by it, or by any common carrier to which such property
may be delivered, or over whose line or lines such property may pass
when transported on a through bill of lading, and ((no)) a contract,
receipt, rule, regulation, or other limitation of any character
((whatsoever)), ((shall)) does not exempt such common carrier from the
liability imposed; and any such common carrier ((so)) receiving
property for transportation wholly within the state of Washington, or
any common carrier delivering ((said)) property ((so)) received and
transported, ((shall be)) is liable to the lawful holder of ((said))
the receipt or bill of lading, or to any party entitled to recover
thereon, whether such receipt or bill of lading has been issued or not,
for the full actual loss, damage, or injury to such property caused by
it or by any such common carrier to which such property may be
delivered, or over whose line or lines such property may pass, when
transported on a through bill of lading((, notwithstanding)). Any
limitation of liability ((or)), limitation of the amount of recovery,
or representation or agreement as to value in any such receipt or bill
of lading, or in any contract, rule, or regulation, or in any tariff
filed with the commission((; and any such limitation, without respect
to the manner or form in which it is sought to be made,)) is ((hereby
declared to be)) unlawful and void((: PROVIDED, HOWEVER, That the
provisions hereof respecting)).
(2) Liability for full actual loss, damage, or injury,
notwithstanding any limitation of liability or recovery or
representation ((or)), agreement, or release as to value, and declaring
any such limitation to be unlawful and void, ((shall)) does not apply:
First, to baggage carried on ((passenger trains, boats,)) commercial
ferries or motor vehicles, or ((aircraft, or trains, boats,))
commercial ferries or motor vehicles((, or aircraft)) carrying
passengers; second, to property, ((except ordinary livestock received
for transportation)) concerning which the carrier ((shall have been or
shall be)) is expressly authorized or required by order of the
commission, to establish and maintain rates dependent upon the value
declared in writing by the shipper or agreed upon in writing as the
released value of the property, in which case such declaration or
agreement ((shall have)) has no other effect than to limit liability
and recovery to an amount not exceeding the value so declared or
released; and any tariff schedule ((which)) that may be filed with the
commission pursuant to such order ((shall)) must contain specific
reference thereto and may establish rates varying with the value so
declared and agreed upon; and the commission ((is hereby empowered to))
may make such order in cases where rates dependent upon and varying
with declared or agreed values would, in its opinion, be just and
reasonable under the circumstances and conditions surrounding the
transportation. ((The term "ordinary livestock" shall include all
cattle, swine, sheep, goats, horses, and mules, except such as are
chiefly valuable for breeding, racing, show purposes, or other special
uses: PROVIDED, FURTHER, That nothing in))
(3) This section ((shall)) does not deprive any holder of ((such))
a receipt or bill of lading of any remedy or right of action which he
or she has under the existing law((: PROVIDED, FURTHER, That)).
(4) It ((shall be)) is unlawful for any ((such)) receiving or
delivering common carrier to provide by rule, contract, regulation, or
otherwise a shorter period for the filing of claims than nine months,
and for the institution of suits than two years, such period for
institution of suits to be computed from the day when notice in writing
is given by the carrier to the claimant that the carrier has disallowed
the claim or any part or parts thereof specified in the notice((: AND
PROVIDED, FURTHER, That for the purposes of this section and of RCW
81.29.030 the delivering carrier in the case of rail transportation
shall be construed to be the carrier performing the linehaul service
nearest to the point of destination, and not a carrier performing
merely a switching service at the point of destination: AND PROVIDED
FURTHER, That)).
(5) The liability imposed by this section ((shall also apply in the
case of)) applies to property reconsigned or diverted in accordance
with the applicable tariffs filed with the commission.
Sec. 38 RCW 81.44.010 and 1961 c 14 s 81.44.010 are each amended
to read as follows:
Whenever the commission ((shall)), after a hearing had upon its own
motion or upon complaint, finds that((, additional tracks, switches,
terminals, terminal facilities, stations, motive power or any other
property, apparatus,)) any equipment((, facilities or device)) or
facility for use by any common carrier in, or in connection with the
transportation of persons or property, ought reasonably to be provided,
or any repairs or improvements to, or changes in, any theretofore in
use ought reasonably to be made, or any additions or changes in
construction should reasonably be made thereto, in order to promote the
security or convenience of the public or employees, or in order to
secure adequate service or facilities for the transportation of
passengers or property, the commission may, after a hearing, either on
its own motion or after complaint, ((make and)) serve an order
directing such repairs, improvements, changes, or additions to be made.
Sec. 39 RCW 81.44.020 and 1982 c 141 s 1 are each amended to read
as follows:
If upon investigation the commission ((shall)) finds that the
equipment ((or appliances in connection therewith, or the apparatus)),
facilities, tracks, bridges, or other structures of any common carrier
are defective, and that the operation thereof is dangerous to the
employees of ((such)) the common carrier or to the public, it shall
immediately give notice to the superintendent or other officer of
((such)) the common carrier of the repairs or reconstruction necessary
to place the same in a safe condition((, and)). The commission may
also prescribe the rate of speed for trains or cars passing over
((such)) the dangerous or defective track, bridge, or other structure
until the repairs or reconstruction required are made, and may also
prescribe the time ((within which the same shall)) when the repairs or
reconstruction must be made((.)); or if, in ((its)) the commission's
opinion, it is needful or proper, ((it)) the commission may forbid
((the running of)) trains or cars to run over any defective track,
bridge, or structure until the ((same be)) track, bridge, or structure
is repaired and placed in a safe condition. ((Failure of a)) Railroad
bridges or trestles ((to be equipped with)) without walkways and
handrails may be identified as an unsafe or defective condition under
this section after a hearing ((had)) by the commission upon complaint
or on its own motion. The commission, in making ((such)) the
determination, shall balance considerations of employee and public
safety with the potential for increased danger to the public resulting
from adding ((such)) walkways or handrails to railway bridges((:
PROVIDED, That)). A railroad company and its employees ((shall)) are
not ((be)) liable for injury to or death of any person occurring on or
about any railway bridge or trestle if ((such)) the person was not a
railway employee but was a trespasser or was otherwise not authorized
to be in the location where ((such)) the injury or death occurred.
((There shall be no)) Appeal from or action to review any order of
the commission made under ((the provisions of)) this section is not
available if the commission finds that immediate compliance is
necessary for the protection of employees or the public.
Sec. 40 RCW 81.44.040 and 1961 c 14 s 81.44.040 are each amended
to read as follows:
((Each car shall be equipped with couplers coupling automatically,
which can be coupled or uncoupled without the necessity of men going
between the ends of the cars, with power brakes, with proper hand
brakes, sill steps and grab irons, and, where secure ladders and
running boards are required, with such ladders and running boards, and
all cars having ladders shall also be equipped with secure hand holds
or grab irons on their roofs at the tops of such ladders, and with such
other appliances necessary for the safe operation of such cars, and the
trains containing such cars, as may be prescribed by the commission:
PROVIDED, That in the loading and hauling of long commodities requiring
more than one car, hand brakes may be omitted from all save one of the
cars, while they are thus combined for such purpose: AND PROVIDED
FURTHER, That in the operation of trains not less than eighty-five
percent of the cars in such train, which are associated together, shall
have their power brakes used and operated by the engineer of the
locomotive drawing such train.))
Every street car ((shall)) must be equipped with proper and
efficient brakes, steps, grab irons or hand rails, fenders or aprons or
pilots, and with such other appliances, apparatus, and machinery
necessary for the safe operation of ((such)) the street car as the
commission may prescribe.
Sec. 41 RCW 81.61.020 and 1977 ex.s. c 2 s 2 are each amended to
read as follows:
The utilities and transportation commission shall adopt ((such))
rules and orders ((as are)) necessary to ((insure)) ensure that every
passenger-carrying vehicle provided by a railroad company to transport
employees in the course of their employment ((shall be)) is maintained
and operated in a safe manner ((whether)) when it is used on a public
or private road ((or railroad)). ((Such)) The rules and orders
((shall)) must establish minimum standards for:
(1) The construction and mechanical equipment of the passenger-carrying vehicles, including ((coupling devices,)) lighting devices and
reflectors, exhaust system, rear vision mirrors, service and parking
brakes, steering mechanisms, tires, warning and signaling devices,
windshield wipers, and heating equipment capable of maintaining a
reasonable temperature in passenger areas;
(2) The operation of passenger-carrying vehicles, including driving
rules, the loading and carrying of passengers, maximum daily hours of
service by drivers, minimum age and skill of drivers, physical
condition of drivers, refueling, road warning devices, and the
transportation of gasoline and explosives;
(3) The safety of passengers in a passenger-carrying vehicle,
including emergency exits, fire extinguishers, first aid kits,
facilities for communication between cab and rear compartments, means
of ingress and egress, side walls, canopy, ((and)) tail gates, or other
means of retaining passengers within the passenger-carrying vehicle.
NEW SECTION. Sec. 42 A new section is added to chapter 81.66 RCW
to read as follows:
This chapter applies to persons and motor vehicles engaged in
interstate or foreign commerce to the full extent permitted by the
Constitution and laws of the United States.
It is unlawful for any motor carrier to perform a transportation
service for compensation upon the public highways of this state without
first having secured appropriate federal authority from the United
States department of transportation, if such authority is required, and
without first having registered with the commission either directly or
through a federally authorized uniform registration program.
Sec. 43 RCW 81.66.040 and 1979 c 111 s 7 are each amended to read
as follows:
((No)) A private, nonprofit transportation provider may not operate
in this state without first having obtained from the commission under
((the provisions of)) this chapter a certificate((, but a certificate
shall be granted to any private, nonprofit transportation provider
holding an auto transportation company certificate on September 1,
1979, upon surrender of the auto transportation company certificate)).
Any right, privilege, or certificate held, owned, or obtained by a
private, nonprofit transportation provider may be sold, assigned,
leased, transferred, or inherited as other property only upon
authorization by the commission. The commission shall issue a
certificate to any person or corporation who files an application, in
a form to be determined by the commission, which sets forth:
(1) Satisfactory proof of its status as a private, nonprofit
corporation;
(2) The kind of service to be provided;
(3) The number and type of vehicles to be operated, together with
satisfactory proof that the vehicles are adequate for the proposed
service and that drivers of such vehicles will be adequately trained
and qualified;
(4) ((Any proposed rates, fares, or charges;)) Satisfactory proof of insurance or surety bond, in accordance
with RCW 81.66.050.
(5)
The commission may deny a certificate to a provider who does not meet
the requirements of this section. Each vehicle of a private, nonprofit
transportation provider ((shall)) must carry a copy of the provider's
certificate.
Sec. 44 RCW 81.66.060 and 2005 c 121 s 1 are each amended to read
as follows:
The commission may, at any time, by its order duly entered after
notice to the holder of any certificate issued under this chapter, and
an opportunity for a hearing, at which it is proven that the holder has
willfully violated or refused to observe any of the commission's proper
orders, rules, or regulations, suspend, revoke, alter, or amend any
certificate issued under ((the provisions of)) this chapter, but the
holder of the certificate shall have all the rights of rehearing,
review, and appeal as to the order of the commission as is provided for
in chapter 34.05 RCW ((81.68.070)).
NEW SECTION. Sec. 45 A new section is added to chapter 81.68 RCW
to read as follows:
It is unlawful for any motor carrier to perform a transportation
service for compensation upon the public highways of this state without
first having secured appropriate federal authority from the United
States department of transportation, if such authority is required, and
without first having registered with the commission either directly or
through a federally authorized uniform registration program.
Sec. 46 RCW 81.68.010 and 1989 c 163 s 1 are each amended to read
as follows:
The definitions set forth in this section ((shall)) apply
throughout this chapter, unless the context clearly indicates
otherwise.
(1) "Corporation" means a corporation, company, association, or
joint stock association.
(2) "Person" means an individual, firm, or a copartnership.
(3) "Auto transportation company" means every corporation or
person, their lessees, trustees, receivers, or trustees appointed by
any court whatsoever, owning, controlling, operating, or managing any
motor-propelled vehicle ((not usually operated on or over rails)) used
in the business of transporting persons((,)) and their baggage((, mail,
and express)) on the vehicles of auto transportation companies carrying
passengers, for compensation over any public highway in this state
between fixed termini or over a regular route, and not operating
exclusively within the incorporated limits of any city or town.
(4) "Public highway" means every street, road, or highway in this
state.
(5) The words "between fixed termini or over a regular route" mean
the termini or route between or over which any auto transportation
company usually or ordinarily operates any motor-propelled vehicle,
even though there may be departure from the termini or route, whether
the departures are periodic or irregular. Whether or not any motor-
propelled vehicle is operated by any auto transportation company
"between fixed termini or over a regular route" within the meaning of
this section is a question of fact, and the finding of the commission
thereon is final and is not subject to review.
Sec. 47 RCW 81.68.015 and 1989 c 163 s 2 are each amended to read
as follows:
This chapter does not apply to corporations or persons, their
lessees, trustees, receivers, or trustees appointed by any court
whatsoever insofar as they own, control, operate, or manage taxicabs,
hotel buses, school buses, ((motor propelled vehicles operated
exclusively in transporting agricultural, horticultural, dairy, or
other farm products from the point of production to the market,)) or
any other carrier that does not come within the term "auto
transportation company" as defined in RCW 81.68.010.
This chapter does not apply to persons operating motor vehicles
when operated wholly within the limits of incorporated cities or towns,
and for a distance not exceeding three road miles beyond the corporate
limits of the city or town in Washington in which the original starting
point of the vehicle is located, and which operation either alone or in
conjunction with another vehicle or vehicles is not a part of any
journey beyond the three-mile limit.
This chapter does not apply to commuter ride sharing or ride
sharing for ((the elderly and the handicapped)) persons with special
transportation needs in accordance with RCW 46.74.010, so long as the
ride-sharing operation does not compete with ((nor)) or infringe upon
comparable service actually being provided before the initiation of the
ride-sharing operation by an existing auto transportation company
certificated under this chapter.
Sec. 48 RCW 81.68.020 and 1989 c 163 s 3 are each amended to read
as follows:
((No)) A corporation or person, their lessees, trustees, or
receivers or trustees appointed by any court whatsoever, may not engage
in the business of operating as a common carrier any motor-propelled
vehicle for the transportation of persons((,)) and their baggage((,
mail, and express)) on the vehicles of auto transportation companies
carrying passengers, between fixed termini or over a regular route for
compensation on any public highway in this state, except in accordance
with ((the provisions of)) this chapter.
Sec. 49 RCW 81.68.040 and 2005 c 121 s 3 are each amended to read
as follows:
((No)) An auto transportation company shall not operate for the
transportation of persons((,)) and their baggage((, mail and express on
the vehicles of auto transportation companies carrying passengers,))
for compensation between fixed termini or over a regular route in this
state, without first having obtained from the commission under ((the
provisions of)) this chapter a certificate declaring that public
convenience and necessity require such operation((; but a certificate
shall be granted when it appears to the satisfaction of the commission
that such person, firm or corporation was actually operating in good
faith, over the route for which such certificate shall be sought on
January 15, 1921)). Any right, privilege, certificate held, owned, or
obtained by an auto transportation company may be sold, assigned,
leased, transferred, or inherited as other property, only ((upon
authorization)) if authorized by the commission. The commission
((shall have power)) may, after notice and an opportunity for a
hearing, when the applicant requests a certificate to operate in a
territory already served by a certificate holder under this chapter,
only when the existing auto transportation company or companies serving
such territory will not provide the same to the satisfaction of the
commission, or when the existing auto transportation company does not
object, and in all other cases with or without hearing, ((to)) issue
((said)) the certificate as prayed for; or for good cause shown ((to)),
may refuse to issue same, or ((to)) issue it for the partial exercise
only of ((said)) the privilege sought, and may attach to the exercise
of the rights granted by ((said)) the certificate to such terms and
conditions as, in its judgment, the public convenience and necessity
may require.
Sec. 50 RCW 81.68.060 and 1989 c 163 s 5 are each amended to read
as follows:
In granting certificates to operate any auto transportation
company, for transporting for compensation persons and their baggage((,
mail, and express)) on the vehicles of auto transportation companies
carrying passengers, the commission shall require the owner or operator
to first procure liability and property damage insurance from a company
licensed to make liability insurance in the state of Washington or a
surety bond of a company licensed to write surety bonds in the state of
Washington on each motor-propelled vehicle used or to be used in
transporting persons for compensation, in ((the)) an amount of ((not))
no less than one hundred thousand dollars for any recovery for personal
injury by one person ((and not)), no less than three hundred thousand
dollars for any vehicle having a capacity of sixteen passengers or less
((and not)), no less than five hundred thousand dollars for any vehicle
having a capacity of seventeen passengers or more for all persons
receiving personal injury by reason of at least one act of negligence,
and ((not)) no less than fifty thousand dollars for damage to property
of any person other than the ((assured)) insured. The commission shall
fix the amount of the insurance policy or policies or security deposit
by giving due consideration to the character and amount of traffic, the
number of persons affected, and the degree of danger that the proposed
operation involves. The liability and property damage insurance or
surety bond ((shall)) must be maintained in force on (([the])) the
motor-propelled vehicle while ((so used)) in use, and each policy for
liability or property damage insurance or surety bond required by this
section ((shall)) must be filed with the commission and kept in full
force and effect. Failure ((so)) to ((do)) file and maintain the
required insurance is cause for the revocation of the certificate.
Sec. 51 RCW 81.68.065 and 1961 c 14 s 81.68.065 are each amended
to read as follows:
Any auto transportation company ((now or hereafter)) authorized to
transport persons for compensation on the highways and engaging in
interstate, or interstate and intrastate, operations within the state
of Washington which is or becomes qualified as a self-insurer with the
((interstate commerce commission)) federal motor carrier safety
administration of the United States ((in accordance with the provisions
of)) department of transportation under the United States interstate
commerce act applicable to self insurance by motor carriers, ((shall
be)) is exempt, so long as such qualification remains effective, from
all provisions of law relating to the carrying or filing of insurance
policies or bonds in connection with such operations.
The commission may require ((proof of)) auto transportation
companies to prove the existence and continuation of such qualification
with the ((interstate commerce commission to be made)) federal motor
carrier safety administration by affidavit ((of the auto transportation
company,)) in ((such)) any form ((as)) the commission ((shall))
prescribes.
Sec. 52 RCW 81.68.080 and 2003 c 53 s 398 are each amended to
read as follows:
(((1) Except as otherwise provided in this section,)) Every
officer, agent, or employee of any corporation, and every other person
who violates or fails to comply with, or who procures, aids, or abets
in the violation of any provisions of this chapter, or who fails to
obey, observe, or comply with any order, decision, rule or regulation,
direction, demand, or requirement, or any part of provision thereof, is
guilty of a gross misdemeanor.
(((2)(a) Except as provided in (b) of this subsection, violation of
such an order, decision, rule or regulation, direction, demand, or
requirement relating to traffic including parking, standing, stopping,
and pedestrian offenses is a traffic infraction.))
(b) Violation of such an order, decision, rule or regulation,
direction, demand, or requirement equivalent to those provisions of
Title 46 RCW set forth in RCW 46.63.020 is a misdemeanor.
Sec. 53 RCW 81.68.090 and 1961 c 14 s 81.68.090 are each amended
to read as follows:
((Neither this chapter nor any provision thereof shall apply or be
construed to apply to commerce with foreign nations or commerce among
the several states of this union except insofar as the same may be
permitted under the provisions of the Constitution of the United States
and the acts of congress.)) This chapter applies to persons and motor
vehicles engaged in interstate or foreign commerce to the full extent
permitted by the Constitution and laws of the United States.
NEW SECTION. Sec. 54 A new section is added to chapter 81.70 RCW
to read as follows:
It is unlawful for any motor carrier to perform a transportation
service for compensation upon the public highways of this state without
first having secured appropriate federal authority from the United
States department of transportation, if such authority is required, and
without first having registered with the commission either directly or
through a federally authorized uniform registration program.
Sec. 55 RCW 81.70.020 and 1989 c 163 s 6 are each amended to read
as follows:
Unless the context otherwise requires, the definitions and general
provisions ((set forth)) in this section ((shall)) govern the
construction of this chapter:
(1) "Commission" means the Washington utilities and transportation
commission;
(2) "Person or persons" means an individual, a corporation,
association, joint stock association, and partnership, their lessees,
trustees, or receivers;
(3) "Public highway" includes every public street, road, or highway
in this state;
(4) "Motor vehicle" means every self-propelled vehicle with seating
capacity for seven or more persons, excluding the driver;
(5) Subject to the exclusions of RCW 81.70.030, "charter party
carrier ((of passengers))" means every person engaged in the
transportation over any public highways in this state of a group of
persons, who, pursuant to a common purpose and under a single contract,
((have acquired)) acquire the use of a motor ((bus)) vehicle to travel
together as a group to a specified destination or for a particular
itinerary, either agreed upon in advance or modified by the chartered
group after ((having left)) leaving the place of origin((.));
(6) Subject to the exclusion of RCW 81.70.030, "excursion service
carrier" means every person engaged in the transportation of persons
for compensation over any public highway in this state from points of
origin within the incorporated limits of any city or town or area, to
any other location within the state of Washington and returning to that
origin. The service ((shall)) must not pick up or drop off passengers
after leaving and before returning to the area of origin. The
excursions may ((or may not)) be regularly scheduled. Compensation for
the transportation offered or afforded ((shall)) must be computed,
charged, or assessed by the excursion service company on an individual
fare basis.
Sec. 56 RCW 81.70.030 and 1989 c 283 s 17 are each amended to
read as follows:
((Provisions of)) This chapter ((do)) does not apply to:
(1) Persons operating motor vehicles wholly within the limits of
incorporated cities;
(2) Persons or their lessees, receivers, or trustees insofar as
they own, control, operate, or manage taxicabs, hotel buses, or school
buses, when operated as such;
(3) Passenger vehicles carrying passengers on a noncommercial
enterprise basis; or
(4) ((Operators of charter boats operating on waters within or
bordering this state; or)) Limousine charter party carriers of passengers under chapter
((
(5)81.90)) 46.72A RCW.
Sec. 57 RCW 81.70.230 and 1988 c 30 s 3 are each amended to read
as follows:
(1) Applications for certificates ((shall)) must be made to the
commission in writing, verified under oath, and shall be in ((such)) a
form and contain ((such)) information as the commission by regulation
may require. Every ((such)) application ((shall)) must be accompanied
by a fee as the commission may prescribe by rule.
(2) A certificate ((shall)) must be issued to any ((qualified))
applicant ((authorizing, in whole or in part, the operations covered by
the application if it is found that the applicant is fit, willing, and
able to perform properly the service and to conform to the provisions
of this chapter and the rules and regulations of the commission.)) who establishes
proof of safety fitness and insurance coverage under this chapter.
(3) Before a certificate is issued, the commission shall require
the applicant to establish safety fitness and proof of minimum
financial responsibility as provided in this chapter
Sec. 58 RCW 81.70.250 and 1989 c 163 s 8 are each amended to read
as follows:
The commission may cancel, revoke, or suspend any certificate
issued under this chapter on any of the following grounds:
(1) The violation of any of the provisions of this chapter;
(2) The violation of an order, decision, rule, regulation, or
requirement established by the commission ((pursuant to)) under this
chapter;
(3) Failure of a charter party carrier or excursion service carrier
of passengers to pay a fee, under this chapter, imposed on the carrier
within the time required by law; or
(4) Failure of a charter party carrier or excursion service carrier
to maintain required insurance coverage in full force and effect((; or)).
(5) Failure of the certificate holder to operate and perform
reasonable service
Sec. 59 RCW 81.70.280 and 1989 c 163 s 11 are each amended to
read as follows:
(1) In ((granting)) issuing certificates under this chapter, the
commission shall require charter party carriers and excursion service
carriers ((of passengers)) to procure and continue in effect during the
life of the certificate, liability and property damage insurance from
a company licensed to make liability insurance in the state of
Washington or a surety bond of a company licensed to write surety bonds
in the state of Washington on each motor-propelled vehicle used or to
be used in transporting persons for compensation, in the following
amounts:
(a) Not less than one hundred thousand dollars for any recovery for
personal injury by one person; and
(b) Not less than three hundred thousand dollars for any vehicle
having a capacity of sixteen passengers or less; and
(c) Not less than five hundred thousand dollars for any vehicle
having a capacity of seventeen passengers or more for all receiving
personal injury by ((reason of)) at least one act of negligence; and
(d) Not less than fifty thousand dollars for damage to property of
any person other than the insured.
(2) The commission shall fix the amount of the insurance policy or
policies or security deposit by giving consideration to the character
and amount of traffic, the number of persons affected, and the degree
of danger which the proposed operation involves. ((Such)) The
liability and property damage insurance or surety bond ((shall)) must
be maintained in force on each motor-propelled vehicle while ((so
used)) in use. Each policy for liability or property damage insurance
or surety bond required ((herein shall)) by this section must be filed
with the commission and kept in effect ((and a)). Failure ((so)) to
((do)) file and maintain the required insurance is cause for the
revocation of the certificate.
Sec. 60 RCW 81.70.290 and 1989 c 163 s 12 are each amended to
read as follows:
A charter party carrier or excursion service carrier of passengers,
authorized to transport persons for compensation on the highways and
engaging in interstate, or interstate and intrastate, operations within
the state of Washington which is or becomes qualified as a self-insurer
with the ((interstate commerce commission)) federal motor carrier
safety administration of the United States department of transportation
in accordance with the United States interstate commerce act applicable
to self-insurance by motor carriers, is exempt from RCW 81.70.280
relating to the carrying or filing of insurance policies or bonds in
connection with ((such)) carrier operations as long as ((such)) the
qualification remains effective.
The commission may require ((proof of)) the charter party carrier
or excursion service carrier to prove the existence and continuation of
qualification with the ((interstate commerce commission to be made))
federal motor carrier safety administration by affidavit ((of the
charter party carrier or excursion service carrier)) in a form the
commission may prescribe.
Sec. 61 RCW 81.70.320 and 1989 c 163 s 13 are each amended to
read as follows:
(1) An application for a certificate ((or)), amendment ((thereof))
of a certificate, or ((application to sell, lease, mortgage, or))
transfer of a certificate((, shall)) must be accompanied by ((such)) a
filing fee((s as)) the commission may prescribe by rule((, however)).
The fee ((shall)) must not exceed two hundred dollars.
(2) All fees paid to the commission under this chapter ((shall))
must be deposited in the state treasury to the credit of the public
service revolving fund.
(3) It is the intent of the legislature that all fees collected
under this chapter ((shall)) must reasonably approximate the cost of
supervising and regulating charter party carriers and excursion service
carriers subject thereto, and to that end the commission ((is
authorized to)) may decrease the schedule of fees provided for in RCW
81.70.350 by general order entered before November 1st of any year in
which the commission determines that the moneys, then in the charter
party carrier and excursion service carrier account of the public
service revolving fund, and the fees currently ((to be paid)) owed will
exceed the reasonable cost of supervising and regulating such carriers
during the succeeding calendar year. Whenever the cost accounting
records of the commission indicate that the schedule of fees previously
reduced should be increased, ((such)) the increase, not ((in any
event)) to exceed the schedule set forth in this chapter, may be
effected by a similar general order entered before November 1st of any
calendar year.
Sec. 62 RCW 81.70.330 and 1989 c 163 s 14 are each amended to
read as follows:
(1) It is unlawful for a charter party carrier or excursion service
carrier to operate a motor ((bus)) vehicle upon the highways of this
state unless there is firmly affixed to both sides of the vehicle ((on
both sides thereof)), the name of the carrier and the certificate or
permit number of ((such)) the carrier. The characters composing
((such)) the identification ((shall)) must be of sufficient size to be
clearly distinguishable at a distance of at least fifty feet from the
vehicle.
(2) A charter party carrier or excursion service carrier holding
both intrastate and interstate authority may identify its vehicles with
either the commission permit number or the federal vehicle marking
requirement established by the United States department of
transportation for interstate motor carriers.
Sec. 63 RCW 81.70.340 and 1989 c 163 s 15 are each amended to
read as follows:
((It is unlawful for a charter party carrier or excursion service
carrier of passengers engaged in interstate or foreign commerce to use
any of the public highways of this state for the transportation of
passengers in interstate or foreign commerce, unless such carrier has
identified its vehicles and registered its interstate or foreign
operations with the commission. Interstate and foreign carriers
possessing operating authority issued by the interstate commerce
commission shall register such authority pursuant to Public Law 89-170,
as amended, and the regulations of the interstate commerce commission
adopted thereunder. Interstate and foreign charter party carriers and
excursion service carriers of passengers exempt from regulation by the
interstate commerce commission shall register their interstate
operations under regulations adopted by the commission, which shall, to
the maximum extent practical, conform to the regulations promulgated by
the interstate commerce commission under Public Law 89-170, as amended.
All other provisions of)) This chapter ((shall be applicable)) applies
to persons and motor carriers ((of passengers)) engaged in interstate
or foreign commerce ((insofar as the same are not prohibited under)) to
the full extent permitted by the Constitution and laws of the United
States ((or federal statute)).
NEW SECTION. Sec. 64 A new section is added to chapter 81.77 RCW
to read as follows:
It is unlawful for any motor carrier to perform a transportation
service for compensation upon the public highways of this state without
first having secured appropriate federal authority from the United
States department of transportation, if such authority is required, and
without first having registered with the commission either directly or
through a federally authorized uniform registration program.
Sec. 65 RCW 81.77.010 and 1989 c 431 s 17 are each amended to
read as follows:
As used in this chapter:
(1) "Motor vehicle" means any truck, trailer, semitrailer, tractor,
or any self-propelled or motor driven vehicle used upon any public
highway of this state for the purpose of transporting solid waste, for
the collection ((and/))or disposal ((thereof)), or both, of solid
waste;
(2) "Public highway" means every street, road, or highway in this
state;
(3) "Common carrier" means any person who ((undertakes to))
collects and transports solid waste((,)) for ((the collection and/or))
disposal ((thereof,)) by motor vehicle for compensation, whether over
regular or irregular routes, or by regular or irregular schedules;
(4) "Contract carrier" means all ((garbage and refuse)) solid waste
transporters not included under the terms "common carrier" and "private
carrier," as ((herein)) defined in this section, and further, ((shall))
includes any person who under special and individual contracts or
agreements transports solid waste by motor vehicle for compensation;
(5) "Private carrier" means a person who, in his or her own
vehicle, transports solid waste purely as an incidental adjunct to some
other established private business owned or operated by ((him)) the
person in good faith((: PROVIDED, That)). A person who transports
solid waste from residential sources in a vehicle designed or used
primarily for the transport of solid waste ((shall)) is not
((constitute)) a private carrier;
(6) "Vehicle" means every device capable of being moved upon a
public highway and in, upon, or by which any solid waste is or may be
transported or drawn upon a public highway, ((excepting)) except
devices moved by human or animal power or used exclusively upon
stationary rail or tracks;
(7) "Solid waste collection company" means every person or his or
her lessees, receivers, or trustees, owning, controlling, operating, or
managing vehicles used in the business of transporting solid waste for
collection ((and/))or disposal, or both, for compensation, except
septic tank pumpers, over any public highway in this state ((whether))
as a "common carrier" ((thereof)) or as a "contract carrier"
((thereof));
(8) "Solid waste collection" does not include collecting or
transporting recyclable materials from a drop-box or recycling buy-back
center, ((nor)) or collecting or transporting recyclable materials by
or on behalf of a commercial or industrial generator of recyclable
materials to a recycler for use or reclamation. Transportation of
these materials is regulated under chapter 81.80 RCW; ((and))
(9) "Solid waste" means the same as defined under RCW 70.95.030,
except for the purposes of this chapter solid waste does not include
recyclable materials except for source separated recyclable materials
collected from residences((.)); and
(10) When the phrase "garbage and refuse" is used as a qualifying
phrase or otherwise, it means "solid waste."
Sec. 66 RCW 81.77.040 and 2005 c 121 s 6 are each amended to read
as follows:
((No)) A solid waste collection company shall ((hereafter)) not
operate for the hauling of solid waste for compensation without first
having obtained from the commission a certificate declaring that public
convenience and necessity require such operation. ((A condition of
operating)) To operate a solid waste collection company in the
unincorporated areas of a county ((shall be complying)), the company
must comply with the solid waste management plan prepared under chapter
70.95 RCW ((applicable)) in the company's franchise area.
Issuance of the certificate of necessity ((shall)) must be
determined ((upon)) on, but not limited to, the following factors: The
present service and the cost thereof for the contemplated area to be
served; an estimate of the cost of the facilities to be utilized in the
plant for solid waste collection and disposal, ((sworn to before a
notary public)) set out in an affidavit or declaration; a statement of
the assets on hand of the person, firm, association, or corporation
((which)) that will be expended on the purported plant for solid waste
collection and disposal, ((sworn to before a notary public)) set out in
an affidavit or declaration; a statement of prior experience, if any,
in such field by the petitioner, ((sworn to before a notary public))
set out in an affidavit or declaration; and sentiment in the community
contemplated to be served as to the necessity for such a service.
When an applicant requests a certificate to operate in a territory
already served by a certificate holder under this chapter, the
commission may, after notice and an opportunity for a hearing, issue
the certificate only if the existing solid waste collection company or
companies serving the territory will not provide service to the
satisfaction of the commission or if the existing solid waste
collection company does not object.
In all other cases, the commission may, with or without hearing,
issue certificates, or for good cause shown refuse to issue them, or
issue them for the partial exercise only of the privilege sought, and
may attach to the exercise of the rights granted such terms and
conditions as, in its judgment, the public convenience and necessity
may require.
Any right, privilege, certificate held, owned, or obtained by a
solid waste collection company may be sold, assigned, leased,
transferred, or inherited as other property, ((but)) only ((upon
authorization)) if authorized by the commission.
((Any solid waste collection company which upon July 1, 1961 is
operating under authority of a common carrier or contract carrier
permit issued under the provisions of chapter 81.80 RCW shall be
granted a certificate of necessity without hearing upon compliance with
the provisions of this chapter. Such solid waste collection company
which has paid the plate fee and gross weight fees required by chapter
81.80 RCW for the year 1961 shall not be required to pay additional
like fees under the provisions of this chapter for the remainder of
such year.))
For purposes of issuing certificates under this chapter, the
commission may adopt categories of solid wastes as follows: Garbage,
refuse, recyclable materials, and demolition debris. A certificate may
be issued for one or more categories of solid waste. Certificates
issued on or before July 23, 1989, shall not be expanded or restricted
by operation of this chapter.
Sec. 67 RCW 81.77.100 and 1989 c 431 s 25 are each amended to
read as follows:
((Neither this chapter nor any provision thereof shall apply, or be
construed to apply, to commerce with foreign nations or commerce among
the several states except insofar as the same may be permitted under
the provisions of the Constitution of the United States and the acts of
congress.)) This chapter applies to persons and motor
vehicles engaged in interstate or foreign commerce to the full extent
permitted by the Constitution and laws of the United States.
However, in order
To protect public health and safety and to ensure solid waste
collection services are provided to all areas of the state, the
commission, in accordance with this chapter, shall regulate all solid
waste collection companies conducting business in the state.
Sec. 68 RCW 81.80.010 and 1989 c 60 s 1 are each amended to read
as follows:
The definitions set forth in this section apply throughout this
chapter.
(1) "Person" ((means and)) includes an individual, firm,
copartnership, corporation, company, or association or their lessees,
trustees, or receivers.
(2) "Motor vehicle" means any truck, trailer, semitrailer, tractor,
dump truck which uses a hydraulic or mechanical device to dump or
discharge its load, or any self-propelled or motor-driven vehicle used
upon any public highway of this state for the purpose of transporting
property, but not including baggage, mail, and express transported on
the vehicles of auto transportation companies carrying passengers.
(3) "Public highway" means every street, road, or highway in this
state.
(4) "Common carrier" means any person who undertakes to transport
property for the general public by motor vehicle for compensation,
whether over regular or irregular routes, or regular or irregular
schedules, including motor vehicle operations of other carriers by rail
or water and of express or forwarding companies.
(5) "Contract carrier" includes all motor vehicle operators not
included under the terms "common carrier" and "private carrier" as
((herein)) defined in ((paragraph (4) and paragraph (6))) this section,
and further includes any person who under special and individual
contracts or agreements transports property by motor vehicle for
compensation.
(6) A "private carrier" is a person who transports by his or her
own motor vehicle, with or without compensation ((therefor)), property
which is owned or is being bought or sold by ((such)) the person, or
property ((of which such)) where the person is the seller, purchaser,
lessee, or bailee ((where such)) and the transportation is incidental
to and in furtherance of some other primary business conducted by
((such)) the person in good faith.
(7) "Motor carrier" ((means and)) includes "common carrier,"
"contract carrier," "private carrier," and "exempt carrier" as
((herein)) defined in this section.
(8) "Exempt carrier" means any person operating a vehicle exempted
((from certain provisions of this chapter)) under RCW 81.80.040.
(9) "Vehicle" means every device capable of being moved upon a
public highway and in, upon, or by which any person or property is or
may be transported or drawn upon a public highway, ((excepting)) except
devices moved by human or animal power or used exclusively upon
stationary rail or tracks.
(10) (("Commercial zone" means an area encompassing one or more
cities or towns and environs adjacent thereto established pursuant to
RCW 81.80.400.)) "Common carrier" and "contract carrier" includes persons
engaged in the business of providing, contracting for, or undertaking
to provide transportation of property for compensation over the public
highways of the state of Washington as brokers or forwarders.
(11) "Terminal area" means an area including one or more cities or
towns and environs adjacent thereto established pursuant to RCW
81.80.400.
(12)
(11) "Household goods carrier" means a person engaged in the
business of transporting household goods as defined by the commission.
Sec. 69 RCW 81.80.020 and 1961 c 14 s 81.80.020 are each amended
to read as follows:
The business of operating as a motor carrier of freight for
compensation along the highways of this state is declared to be a
business affected with a public interest. The rapid increase of motor
carrier freight traffic and the fact that under the existing law many
motor trucks are not effectively regulated have increased the dangers
and hazards on public highways and make it imperative that ((more
complete)) regulation to the fullest extent allowed under 49 U.S.C.
Sec. 14501 should be employed to the end that the highways may be
rendered safer for the use of the general public; that the wear of such
highways may be reduced; that congestion on highways may be minimized;
that the shippers of the state may be provided with a stabilized
service and rate structure; that sound economic conditions in such
transportation and among such carriers may be fostered in the public
interest; that adequate, economical, and efficient service by motor
carriers, and reasonable charges therefor, without unjust
discrimination, undue preferences or advantages, or unfair or
destructive competitive practices may be promoted; that the common
carriage of commodities by motor carrier may be preserved in the public
interest; that the relations between, and transportation by and
regulation of, motor carriers and other carriers may be improved and
coordinated so that the highways of the state of Washington may be
properly developed and preserved, and the public may be assured
adequate, complete, dependable, and stable transportation service in
all its phases.
Sec. 70 RCW 81.80.045 and 1979 ex.s. c 138 s 1 are each amended
to read as follows:
(((1) Except as provided in subsections (2) and (3) of this
section, the provisions of)) This chapter ((shall)) does not apply to
the operations of a shipper or a group or association of shippers in
consolidating or distributing freight for themselves or for their
members on a nonprofit basis for the purpose of securing the benefits
of carload, truckload, or other volume rates, when the services of a
common carrier are used for the transportation of such shipments.
(((2) Every shipper or group or association of shippers claiming
this exemption shall file with the commission on an annual basis a
statement of nonprofit status and such proof of that status as the
commission may by rule require.))
(3) The commission may examine the books and records of any shipper
or group or association of shippers claiming exemption under this
section solely for the purpose of investigating violations of this
section.
Sec. 71 RCW 81.80.060 and 1969 ex.s. c 210 s 17 are each amended
to read as follows:
Every person who engages for compensation to perform a combination
of services, a substantial portion of which includes transportation of
property of others upon the public highways ((shall be)), is subject to
the jurisdiction of the commission as to such transportation and shall
not engage ((upon the same)) in such transportation without first
having obtained a common carrier or contract carrier permit to do so.
((An example of such)) A combination of services ((shall)) includes,
but is not ((be)) limited to, the delivery of household appliances for
others where the delivering carrier also unpacks or uncrates the
appliances and makes the initial installation ((thereof. Every person
engaging in such a combination of services shall advise the commission
what portion of the consideration is intended to cover the
transportation service and if the agreement covering the combination of
services is in writing, the rate and charge for such transportation
shall be set forth therein. The rates or charges for the
transportation services included in such combination of services shall
be subject to control and regulation by the commission in the same
manner that the rates of common and contract carriers are now
controlled and regulated)). Any person engaged in extracting
((and/))or processing, or both, and, in connection therewith, hauling
materials exclusively for the maintenance, construction, or improvement
of a public highway ((shall not be deemed to be)) is not engaged in
performing a combination of services.
Sec. 72 RCW 81.80.070 and 1999 c 79 s 1 are each amended to read
as follows:
(1) ((No ")) A common carrier,((" "))contract carrier,((")) or
(("))temporary carrier((")) shall not operate for the transportation of
property for compensation in this state without first obtaining from
the commission a permit ((so to do)) for such operation.
(a) For household goods:
(i) Permits ((heretofore issued or hereafter)) issued to any
carrier((, shall)) must be exercised by ((said)) the carrier to the
fullest extent ((so as)) to render reasonable service to the public.
Applications for ((common or contract)) household goods carrier permits
or permit extensions ((thereof shall)) must be on file for a period of
at least thirty days ((prior to the granting thereof)) before issuance
unless the commission finds that special conditions require ((the))
earlier ((granting thereof)) issuance.
(((2))) (ii) A permit or permit extension ((thereof shall)) must be
issued to any qualified applicant ((therefor)), authorizing the whole
or any part of the operations covered by the application, if it is
found that: The applicant is fit, willing, and able ((properly)) to
perform the services proposed and conform to ((the provisions of)) this
chapter and the requirements, rules, and regulations of the commission
((thereunder, and that such)); the operations ((will be)) are
consistent with the public interest((,)); and, in the case of common
carriers, ((that the same)) they are ((or will be)) required by the
present or future public convenience and necessity((,)); otherwise
((such)) the application ((shall)) must be denied.
(((3) Nothing contained in)) (b) For general commodities other than
household goods:
(i) The commission shall issue a common carrier permit to any
qualified applicant if it is found the applicant is fit, willing, and
able to perform the service and conform to the provisions of this
chapter and the rules and regulations of the commission.
(ii) Before a permit is issued, the commission shall require the
applicant to establish safety fitness and proof of minimum financial
responsibility as provided in this chapter.
(2) This chapter ((shall be construed to)) does not confer ((upon))
on any person or persons the exclusive right or privilege of
transporting property for compensation over the public highways of the
state.
(((4))) (3) A common carrier, contract carrier, or temporary
carrier operating without the permit required in subsection (1) of this
section, or who violates a cease and desist order of the commission
issued under RCW 81.04.510, is subject to a penalty, under the process
set forth in RCW 81.04.405, of one thousand five hundred dollars.
(((5))) (4) Notwithstanding RCW 81.04.510, the commission may, in
conjunction with issuing the penalty set forth in subsection (((4)))
(3) of this section, issue cease and desist orders to carriers
operating without the permit required in subsection (1) of this
section, and to all persons involved in the carriers' operations.
Sec. 73 RCW 81.80.080 and 1991 c 41 s 1 are each amended to read
as follows:
Application for permits ((shall)) must be made to the commission in
writing and ((shall)) must state the ownership, financial condition,
equipment to be used and physical property of the applicant, the
territory or route or routes in or over which the applicant proposes to
operate, the nature of the transportation to be engaged in, and
((such)) other information as the commission may require((, and in case
such application is that of a "contract carrier" shall have attached
thereto photocopies of all contracts to furnish transportation covered
by such application)).
Sec. 74 RCW 81.80.130 and 1961 c 14 s 81.80.130 are each amended
to read as follows:
To the extent allowed under 49 U.S.C. Sec. 14501, the commission
shall: Supervise and regulate every (("))common carrier((")) in this
state; make, fix, alter, and amend, just, fair, reasonable, minimum,
maximum, or minimum and maximum, rates, charges, classifications,
rules, and regulations for all (("))common carriers((")); regulate the
accounts, service, and safety of operations thereof; require the filing
of reports and other data thereby; and supervise and regulate all
(("))common carriers((")) in all other matters affecting their
relationship with competing carriers of every kind and the shipping and
general public((: PROVIDED,)). The commission may by order approve
rates filed by common carriers in respect to certain designated
commodities and services when, in the opinion of the commission, it is
impractical for the commission to make, fix, or prescribe rates
covering ((such)) the commodities and services.
Sec. 75 RCW 81.80.140 and 1961 c 14 s 81.80.140 are each amended
to read as follows:
To the extent allowed under 49 U.S.C. Sec. 14501, the commission
((is hereby vested with power and authority, and it is hereby made its
duty, to)) shall: Supervise and regulate every (("))contract
carrier((")) in this state; ((to)) fix, alter, and amend, just, fair,
and reasonable classifications, rules, and regulations and minimum
rates and charges of each ((such "))contract carrier((")); ((to))
regulate the account, service, and safety of contract carriers'
operations ((thereof)); ((and)) require the filing of reports and of
other data thereby; and ((to)) supervise and regulate ((such
"))contract carriers((")) in all other matters affecting their
relationship with both the shipping and the general public.
Sec. 76 RCW 81.80.150 and 1993 c 97 s 4 are each amended to read
as follows:
The commission shall make, fix, construct, compile, promulgate,
publish, and distribute tariffs containing compilations of rates,
charges, classifications, rules, and regulations to be used by all
((common)) household goods carriers. In compiling ((such)) these
tariffs ((it)), the commission shall include within any given tariff
compilation ((such)) the carriers, groups of carriers, commodities, or
geographical areas ((as)) it determines ((shall be)) are in the public
interest. ((Such)) The compilations and publications may be made by
the commission by compiling the rates, charges, classifications, rules,
and regulations now in effect, and as they may be amended and altered
from time to time after notice and hearing, by issuing and distributing
revised pages or supplements to ((such)) the tariffs or reissues
((thereof)) of tariffs in accordance with the orders of the
commission((: PROVIDED, That)). The commission, upon good cause
shown, may establish temporary rates, charges, or classification
changes which may be made permanent only after publication in an
applicable tariff for not less than sixty days((,)) and a determination
by the commission ((thereafter)) that the rates, charges, or
classifications are just, fair, and reasonable((: PROVIDED FURTHER,
That temporary rates shall not be made permanent except upon notice and
hearing if within sixty days from date of publication, a shipper or
common carrier, or representative of either, shall file with the
commission a protest alleging such temporary rates to be unjust,
unfair, or unreasonable. For purposes of this proviso, the)). If a
shipper or common carrier, or representative of either, files a protest
with the commission, within sixty days from the date of publication,
stating that the temporary rates are unjust, unfair, or unreasonable,
the commission must hold a hearing to consider the protest.
Publication of these temporary rates in the tariff ((shall be deemed))
is adequate public notice. ((Nothing herein shall be construed to
prevent)) The commission ((from proceeding on its own motion)) may,
upon notice and hearing, ((to)) fix and determine just, fair, and
reasonable rates, charges, and classifications. Each common carrier
shall purchase from the commission and post tariffs applicable to its
authority. The commission shall set fees for the sale, supplements,
and corrections of the tariffs((, and supplements and corrections of
them,)) at rates to cover all costs of making, fixing, constructing,
compiling, promulgating, publishing, and distributing the tariffs. The
proper tariff, or tariffs, applicable to a carrier's operations
((shall)) must be available to the public at each agency and office of
all common carriers operating within this state. ((Such)) The
compilations and publications ((shall)) must be sold by the commission
for the established fee. However, copies may be furnished for free to
other regulatory bodies and departments of government and to colleges,
schools, and libraries. All copies of the compilations, whether sold
or given for free, ((shall)) must be issued and distributed under rules
((and regulations to be)) fixed by the commission((: PROVIDED FURTHER,
That)). The commission may by order authorize common carriers to
publish and file tariffs with the commission and be governed
((thereby)) by the tariffs in respect to certain designated commodities
and services when, in the opinion of the commission, it is impractical
for the commission to make, fix, construct, compile, publish, and
distribute tariffs covering such commodities and services.
Sec. 77 RCW 81.80.170 and 1963 c 242 s 2 are each amended to read
as follows:
The commission may issue temporary permits to temporary (("common
carriers" or "contract carriers")) household goods carriers for ((a
period not to exceed)) no more than one hundred eighty days, but only
after ((it)) the commission finds that the issuance of ((such)) the
temporary permits is consistent with the public interest. ((It)) The
commission may prescribe ((such)) special rules and regulations and
impose ((such)) special terms and conditions ((with reference thereto))
as in its judgment are reasonable and necessary in carrying out the
provisions of this chapter.
The commission may also issue temporary permits pending the
determination of an application filed with the commission for approval
of a consolidation or merger of the properties of two or more
((common)) household goods carriers or ((contract carriers or)) of a
purchase or lease of one or more ((common carriers or contract))
household goods carriers.
Sec. 78 RCW 81.80.190 and 1986 c 191 s 5 are each amended to read
as follows:
The commission shall, in ((the granting of)) issuing permits to
(("))common carriers((")) and (("))contract carriers((")) under this
chapter, require ((such)) the carriers to either procure and file
liability and property damage insurance from a company licensed to
write such insurance in the state of Washington, or deposit ((such))
security, for ((such)) the limits of liability and ((upon such)) on
terms and conditions ((as)) that the commission ((shall)) determines
((to be)) are necessary for the reasonable protection of the public
against damage and injury for which ((such)) the carrier may be liable
by reason of the operation of any motor vehicle.
In fixing the amount of ((said)) the insurance policy or policies,
or deposit of security, the commission shall ((give due consideration
to)) consider the character and amount of traffic and the number of
persons affected and the degree of danger ((which)) that the proposed
operation involves.
((If the commission is notified of the cancellation, revocation, or
any other changes in the required insurance or security of a common
carrier or contract carrier with a permit to transport radioactive or
hazardous materials, the commission shall immediately notify the state
radiation control agency of the change.))
Sec. 79 RCW 81.80.220 and 1961 c 14 s 81.80.220 are each amended
to read as follows:
((No "common carrier" or "contract carrier")) A household goods
carrier shall not collect or receive a greater, less, or different
remuneration for the transportation of property or for any service in
connection therewith than the rates and charges ((which shall have
been)) that are either legally established and filed with the
commission((,)) or ((as)) are specified in the contract or contracts
filed((, as the case may be, nor shall any such)). A household goods
carrier shall not refund or remit in any manner or by any device any
portion of the rates and charges required to be collected by each
tariff or contract or filing with the commission.
The commission may check the records of all carriers under this
chapter and of those employing the services of the carrier ((for the
purpose of discovering)) to discover all discriminations, under or
overcharges, and rebates, and may suspend or revoke permits for
violations of this section.
The commission may refuse to accept any time schedule ((or)),
tariff, or contract that ((will)), in the opinion of the commission,
limits the service of a carrier to profitable trips only or to the
carrying of high class commodities in competition with other carriers
who give a complete service ((and thus afford)) affording one carrier
an unfair advantage over a competitor.
Sec. 80 RCW 81.80.230 and 1980 c 132 s 2 are each amended to read
as follows:
Any person, whether a household goods carrier subject to ((the
provisions of)) this chapter, shipper, or consignee, or any officer,
employee, agent, or representative thereof, who ((shall)): (1) Offers,
grants, ((or)) gives, ((or)) solicits, accepts, or receives any rebate,
concession, or discrimination in violation of ((any provision of)) this
chapter((, or who)); (2) by means of any false statement or
representation, or by the use of any false or fictitious bill, bill of
lading, receipt, voucher, roll, account, claim, certificate, affidavit,
deposition, lease, or bill of sale, or by any other means or device
((shall)) assists, suffers, or permits any person or persons, natural
or artificial, to obtain transportation of property subject to this
chapter for less than the applicable rate, fare, or charge((,)); or
((who shall)) (3) fraudulently seeks to evade or defeat regulation ((as
in this chapter provided for)) of motor carriers ((shall be)) under
this chapter is subject to a civil penalty of not more than one hundred
dollars for each violation. Each and every ((such)) violation ((shall
be)) is a separate and distinct offense, and in case of a continuing
violation every day's continuance ((shall be)) is a separate and
distinct violation. Every act ((of commission)) or omission ((which))
that procures, aids, or abets in the violation ((shall be considered))
is also a violation under this section and subject to the penalty
((provided for in)) under this section.
The penalty ((provided for in)) under this section ((shall become))
is due and payable when the person incurring the penalty receives a
notice in writing from the commission describing the violation with
reasonable particularity and advising the person that the penalty is
due. The commission may, upon a written application ((therefor,))
received within fifteen days, remit or mitigate any penalty ((provided
for in)) under this section or discontinue any prosecution to recover
the penalty upon such terms as the commission in its discretion deems
proper. The commission ((has authority to)) may ascertain the facts
((upon)) on all ((such)) applications ((in such manner and under such
regulations as it may deem proper)). If the penalty is not paid to the
commission within fifteen days after receipt of the notice imposing the
penalty, or the application for remission or mitigation ((has)) is not
((been)) made within fifteen days after the violator has received
notice of the disposition of the application, the attorney general
shall bring an action in the name of the state of Washington in the
superior court of Thurston county or ((of some other)) another county
((in which)) where the violator may do business, to recover the
penalty. In all such actions, the procedure and rules of evidence
((shall be)) are the same as in an ordinary civil action except as
otherwise provided in this section. All penalties recovered under this
section ((shall)) must be paid into the state treasury and credited to
the public service revolving fund.
Sec. 81 RCW 81.80.250 and 1961 c 14 s 81.80.250 are each amended
to read as follows:
The commission may((, under such rules and regulations as it shall
prescribe,)) require any ((common)) household goods carrier to file a
surety bond, or deposit security, in ((a sum to be)) an amount
determined by the commission, ((to be)) that is conditioned ((upon
such)) on the carrier ((making compensation to)) compensating the
shippers and consignees for all money belonging to the shippers and
consignees, and coming into the possession of ((such)) the carrier in
connection with its transportation service. Any ((common)) household
goods carrier ((which may be)) required by law to compensate a shipper
or consignee for any loss, damage, or default, for which a connecting
common carrier is legally responsible, ((shall)) must be subrogated to
the rights of ((such)) the shipper or consignee under any ((such)) bond
or deposit of security to the extent of the ((sum so)) amount paid.
Sec. 82 RCW 81.80.260 and 1967 c 69 s 3 are each amended to read
as follows:
It ((shall be)) is unlawful for any ((person)) household goods
carrier to operate any vehicle at the same time in more than one class
of operation, except upon approval of the commission and a finding that
((such)) the operation ((will be)) is in the public interest.
((No ")) An exempt carrier((" as such)) shall not transport
property for compensation except as ((hereinabove)) provided under this
chapter.
Sec. 83 RCW 81.80.270 and 1973 c 115 s 12 are each amended to
read as follows:
((No)) Permits issued under ((the authority of)) this chapter
((shall be construed to be)) are neither irrevocable((.)) nor ((shall
such permit be)) subject to transfer or assignment except upon a proper
showing that property rights might be affected thereby, and then in the
discretion of the commission.
((No)) Any person, partnership, or corporation, singly or in
combination with any other person, partnership, or corporation, whether
a household goods carrier holding a permit or otherwise, or any
combination of such, shall not acquire control or enter into any
agreement or arrangement to acquire control of a ((common or contract))
household goods carrier holding a permit through ownership of its stock
or through purchase, lease, or contract to manage the business, or
otherwise, except after and with the approval and authorization of the
commission((: PROVIDED, That)). However, upon the dissolution of a
partnership, which holds a permit, because of the death, bankruptcy, or
withdrawal of a partner where ((such)) the partner's interest is
transferred to his or her spouse or to one or more remaining partners,
or in the case of a corporation which holds a permit, in the case of
the death of a shareholder where a shareholder's interest upon death is
transferred to his or her spouse or to one or more of the remaining
shareholders, the commission shall transfer the permit to the newly
organized partnership ((which)) that is substantially composed of the
remaining partners, or continue the corporation's permit without
((making the proceeding subject to)) hearing and protest. In all other
cases, any ((such)) transaction either directly or indirectly entered
into without approval of the commission ((shall be)) is void ((and of
no effect)), and it ((shall be)) is unlawful for any person seeking to
acquire or divest control of ((such)) the permit to be a party to ((any
such)) the transaction without approval of the commission.
Every carrier who ((shall)) ceases operation and abandons his or
her rights under the permits issued to him or her shall notify the
commission within thirty days of ((such)) the cessation or
abandonment((, and return to the commission the identification cards
issued to him)).
Sec. 84 RCW 81.80.272 and 1973 c 115 s 13 are each amended to
read as follows:
Except as otherwise provided in RCW 81.80.270, any permit granted
or issued to any ((person)) household goods carrier under this chapter
and held by ((that)) a person alone or in conjunction with others other
than as stockholders in a corporation at the time of his or her death
((shall be)) is transferable ((the same)) as any other right or
interest of the person's estate subject to the following:
(1) Application for transfer ((shall)) must be made to the
commission in ((such)) a form and contain ((such)) information ((as))
prescribed by the commission ((shall prescribe)). The transfer
described in ((any such)) the application ((shall)) must be approved if
it appears from the application or from any hearing held thereon or
from any investigation thereof that the proposed transferee is fit,
willing, and able properly to perform the services authorized by the
permit to be transferred and to conform to the provisions of this
chapter and the requirements, rules, and regulations of the commission
((thereunder)), otherwise the application ((shall)) must be denied.
(2) Temporary continuance of motor carrier operations without prior
compliance with ((the provisions of)) this section ((will be)) is
recognized as justified by the public interest ((in cases in which))
when the personal representatives, heirs, or surviving spouses of
deceased persons desire to continue the operations of the carriers whom
they succeed in interest subject to ((such)) reasonable rules and
regulations ((as)) prescribed by the commission ((may prescribe)).
In case of temporary continuance under this section, the successor
shall immediately procure insurance or deposit security as required by
RCW 81.80.190.
Immediately upon any ((such)) temporary continuance of motor
carrier operations and in any event not more than thirty days
thereafter, the successor shall give notice of the succession by
written notice to the commission containing ((such)) information ((as))
prescribed by the commission ((shall prescribe)).
Sec. 85 RCW 81.80.280 and 1987 c 209 s 1 are each amended to read
as follows:
Permits may be canceled, suspended, altered, or amended by the
commission upon complaint by any interested party, or upon the
commission's own motion after notice and opportunity for hearing, when
the permittee or ((his or its)) permittee's agent has repeatedly
violated this chapter, the rules and regulations of the commission, or
the motor laws of this state or of the United States, or the
((permittee)) household goods carrier has made unlawful rebates or has
not conducted ((his)) its operation in accordance with the permit
((granted him. Any person may at the instance of)). The commission
((be enjoined)) may enjoin any person from any violation of ((the
provisions of)) this chapter, or any order, rule, or regulation made by
the commission pursuant to the terms hereof. If ((such)) the suit
((be)) is instituted by the commission ((no)), a bond ((shall be)) is
not required as a condition to the issuance of ((such)) the injunction.
Sec. 86 RCW 81.80.305 and 1991 c 241 s 1 are each amended to read
as follows:
(1) All motor vehicles, other than those exempt under subsection
(2) of this section, must display a permanent marking identifying the
name or number, or both, on each side of the power units. For a motor
vehicle that is a common or contract carrier under permit by the
commission as described in subsection (3)(a) of this section, a private
carrier under subsection (4) of this section, or a leased carrier as
described in subsection (5) of this section, any required
identification that is added, modified, or renewed after September 1,
1991, must be displayed on the driver and passenger doors of the power
unit. The identification must be in a clearly legible style with
letters no less than three inches high and in a color contrasting with
the surrounding body panel.
(2) This section does not apply to (a) vehicles exempt under RCW
81.80.040, and (b) vehicles operated by private carriers that singly or
in combination are less than thirty-six thousand pounds gross vehicle
weight.
(3) If the motor vehicle is operated as (a) a common or contract
carrier under a permit by the commission, the identification must
contain the name of the permittee, or business name, and the permit
number, or (b) a common or contract carrier holding both intrastate and
interstate authority, the identification may be either the ((ICC
certificate number or)) commission permit number or the federal vehicle
marking requirement established by the United States department of
transportation for interstate motor carriers.
(4) If the motor vehicle is a private carrier, the identification
must contain the name and address of either the business operating the
vehicle or the registered owner.
(5) If the motor vehicle is operated under lease, the vehicle must
display either permanent markings or placards on the driver and
passenger doors of the power unit. A motor vehicle under lease (a)
that is operated as a common or contract carrier under permit by the
commission must display identification as provided in subsection (3)(a)
of this section, and (b) that is operated as a private carrier must
display identification as provided in subsection (4) of this section.
Sec. 87 RCW 81.80.330 and 1995 c 272 s 5 are each amended to read
as follows:
The commission ((is hereby empowered to)) may administer and
enforce all provisions of this chapter and ((to)) inspect the vehicles,
books, and documents of all (("))motor carriers((")) and the books,
documents, and records of those using the service of the carriers for
the purpose of discovering all discriminations and rebates and other
information pertaining to the enforcement of this chapter and shall
prosecute violations thereof. The commission shall employ ((such))
auditors, inspectors, clerks, and assistants ((as it may deem))
necessary for the enforcement of this chapter. The Washington state
patrol shall perform all motor carrier safety inspections required by
this chapter, including terminal safety audits, except for (1) those
carriers subject to the economic regulation of the commission, or (2)
a vehicle owned or operated by a carrier affiliated with a solid waste
company subject to economic regulation by the commission. ((The
attorney general shall assign at least one assistant to the exclusive
duty of assisting the commission in the enforcement of this chapter,
and the prosecution of persons charged with the violation thereof. It
shall be the duty of)) The Washington state patrol and the sheriffs of
the counties ((to)) shall make arrests and the county attorneys ((to))
shall prosecute violations of this chapter.
Sec. 88 RCW 81.80.370 and 1961 c 14 s 81.80.370 are each amended
to read as follows:
This chapter ((shall apply)) applies to persons and motor vehicles
engaged in interstate or foreign commerce to the full extent permitted
by the Constitution and laws of the United States.
Sec. 89 RCW 81.80.371 and 1963 c 59 s 9 are each amended to read
as follows:
It ((shall be)) is unlawful for any motor carrier to perform a
transportation service for compensation upon the public highways of
this state without first having secured appropriate federal authority
from the ((Interstate Commerce Commission)) United States department of
transportation, if ((such)) the authority is required, and without
first having registered ((such authority, if any,)) with the commission
either directly or through a federally authorized uniform registration
program.
((It shall also be unlawful for a carrier to perform a
transportation service for compensation on the public highways of this
state as an interstate carrier of commodities included in the
exemptions provided in section 203(b) of the Interstate Commerce Act
without having first registered as such a carrier with the commission.))
Such registration shall be granted upon application, without
hearing, upon payment of the appropriate filing fee prescribed by this
chapter for other applications for operating authority.
Sec. 90 RCW 81.80.430 and 1991 c 146 s 1 are each amended to read
as follows:
(1) A person who provides brokering or forwarding services for the
transportation of property in intrastate commerce shall file with the
commission and keep in effect, a surety bond or deposit of satisfactory
security, in a sum to be determined by the commission, but not less
than five thousand dollars, conditioned upon ((such)) the broker or
forwarder ((making compensation to)) compensating shippers, consignees,
and carriers for all moneys belonging to them and coming into the
broker's or forwarder's possession in connection with the
transportation service.
(2) ((It is unlawful for a broker or forwarder to conduct business
in this state without first securing appropriate authority from the
Interstate Commerce Commission, if such authority is required, and
registering with and providing satisfactory evidence of financial
responsibility to the Washington utilities and transportation
commission. Satisfactory evidence of financial responsibility shall
consist of a surety bond or deposit of security. Compliance with this
requirement may be met by filing a copy of a surety bond or trust fund
approved by the Interstate Commerce Commission. The commission shall
grant such registration without hearing, upon application and payment
of a one-time registration fee as prescribed by the commission. For
purposes of this subsection, a broker or forwarder conducts business in
this state when the broker or forwarder, its employees, or agents is
physically present in the state and is acting as a broker or forwarder.)) Failure to file the bond((
(3),)) or deposit security((, or
provide satisfactory evidence of financial responsibility)) is
sufficient cause for ((refusal of)) the commission to refuse to grant
the application for a permit or registration. Failure to maintain the
bond or the deposit of security is sufficient cause for cancellation of
a permit or registration.
NEW SECTION. Sec. 91 A new section is added to chapter 81.80 RCW
to read as follows:
(1) The collection or transportation of recyclable materials from
a drop box or recycling buy-back center, or collection or
transportation of recyclable materials by or on behalf of a commercial
or industrial generator of recyclable materials to a recycler for use
or reclamation is subject to regulation under this chapter.
(2) Nothing in this chapter changes RCW 81.77.010(8), to allow any
entity, other than a solid waste collection company authorized by the
commission or an entity collecting solid waste from a city or town
under chapter 35.21 or 35A.21 RCW, to collect solid waste that may
incidentally contain recyclable materials.
Sec. 92 RCW 81.84.010 and 2003 c 373 s 4 and 2003 c 83 s 211 are
each reenacted and amended to read as follows:
(1) ((No)) A commercial ferry may ((hereafter)) not operate any
vessel or ferry for the public use for hire between fixed termini or
over a regular route upon the waters within this state, including the
rivers and lakes and Puget Sound, without first applying for and
obtaining from the commission a certificate declaring that public
convenience and necessity require such operation. Service authorized
by certificates issued before or after July 25, 1993, to a commercial
ferry operator ((shall)) must be exercised by the operator in a manner
consistent with the conditions established in the certificate or
tariffs((: PROVIDED, That no)). However, a certificate ((shall be))
is not required for a vessel primarily engaged in transporting freight
other than vehicles, whose gross earnings from the transportation of
passengers ((and/)): PROVIDED, That
nothing herein shall be construed to)). This section does not affect
the right of any county public transportation benefit area or other
public agency within this state to construct, condemn, purchase,
operate, or maintain, itself or by contract, agreement, or lease, with
any person, firm, or corporation, ferries or boats across ((or wharfs
at or upon)) the waters within this state, including rivers and lakes
and Puget Sound, ((provided such)) if the operation is not over the
same route or between the same districts((,)) being served by a
certificate holder without first acquiring the rights granted to the
certificate holder under the certificate((, nor shall this chapter be
construed to affect, amend, or invalidate any contract entered into
prior to January 15, 1927, for the operation of ferries or boats upon
the waters within this state, which was entered into in good faith by
any county with any person, firm, or corporation, except that in case
of the operation or maintenance by any county, city, town, port
district, or other political subdivision by contract, agreement, or
lease with any person, firm, or corporation, of ferries or boats across
or wharfs at or upon the waters within this state, including rivers and
lakes and Puget Sound, the commission shall have power and authority to
regulate rates and services of such operation or maintenance of
ferries, boats, or wharfs, to make, fix, alter, or amend said rates,
and to regulate service and safety of operations thereof, in the manner
and to the same extent as it is empowered to regulate a commercial
ferry, notwithstanding the provisions of any act or parts of acts
inconsistent herewith)).
(2) The holder of a certificate of public convenience and necessity
granted under this chapter must initiate service within five years of
obtaining the certificate, except that the holder of a certificate of
public convenience and necessity for passenger-only ferry service in
Puget Sound must initiate service within twenty months of obtaining the
certificate. The certificate holder shall report to the commission
every six months after the certificate is granted on the progress of
the certificated route. The reports shall include, but not be limited
to, the progress of environmental impact, parking, local government
land use, docking, and financing considerations. Except in the case of
passenger-only ferry service in Puget Sound, if service has not been
initiated within five years of obtaining the certificate, the
commission may extend the certificate on a twelve-month basis for up to
three years if the six-month progress reports indicate there is
significant advancement toward initiating service.
(((3) The commission shall review certificates in existence as of
July 25, 1993, where service is not being provided on all or any
portion of the route or routes certificated. Based on progress reports
required under subsection (2) of this section, the commission may grant
an extension beyond that provided in subsection (2) of this section.
Such additional extension may not exceed a total of two years.))
Sec. 93 RCW 81.84.020 and 2006 c 332 s 11 are each amended to
read as follows:
(1) Upon the filing of an application, the commission shall give
reasonable notice to the department, affected cities, counties, and
public transportation benefit areas and any common carrier which might
be adversely affected, of the time and place for hearing on such
application. The commission ((shall have power)) may, after notice and
an opportunity for a hearing, ((to)) issue the certificate as prayed
for, or ((to)) refuse to issue it, or ((to)) issue it for the partial
exercise only of the privilege sought, and may attach to the exercise
of the rights granted by ((said)) the certificate ((such)) any terms
and conditions as in its judgment the public convenience and necessity
may require; but the commission ((shall not have power to)) may not
grant a certificate to operate between districts ((and/))such)) the existing certificate holder has
failed or refused to furnish reasonable and adequate service, has
failed to provide the service described in its certificate or tariffs
after the time ((period)) allowed to initiate service has elapsed, or
has not objected to the issuance of the certificate as prayed for((:
PROVIDED, A certificate shall be granted when it shall appear to the
satisfaction of the commission that the commercial ferry was actually
operating in good faith over the route for which such certificate shall
be sought, on January 15, 1927: PROVIDED, FURTHER, That in case two or
more commercial ferries shall upon said date have been operating
vessels upon the same route, or between the same districts the
commission shall determine after public hearing whether one or more
certificates shall issue, and in determining to whom a certificate or
certificates shall be issued, the commission shall consider all
material facts and circumstances including the prior operation,
schedules, and services rendered by either of the ferries, and in case
more than one certificate shall issue, the commission shall fix and
determine the schedules and services of the ferries to which the
certificates are issued to the end that duplication of service be
eliminated and public convenience be furthered)).
(2) Before issuing a certificate, the commission shall determine
that the applicant has the financial resources to operate the proposed
service for at least twelve months, based upon the submission by the
applicant of a pro forma financial statement of operations. Issuance
of a certificate ((shall)) must be determined upon, but not limited to,
the following factors: Ridership and revenue forecasts; the cost of
service for the proposed operation; an estimate of the cost of the
assets to be used in providing the service; a statement of the total
assets on hand of the applicant that will be expended on the proposed
operation; and a statement of prior experience, if any, in such field
by the applicant. The documentation required of the applicant under
this section ((shall)) must comply with the provisions of RCW
9A.72.085.
(3) ((Subsection (2) of this section does not apply to an
application for a certificate that is pending as of July 25, 1993.)) In granting a certificate for passenger-only ferries and
determining what conditions to place on the certificate, the commission
shall consider and give substantial weight to the effect of its
decisions on public agencies operating, or eligible to operate,
passenger-only ferry service.
(4)
(((5))) (4) Until July 1, 2007, the commission shall not accept or
consider an application for passenger-only ferry service serving any
county in the Puget Sound area with a population of over one million
people. Applications for passenger-only ferry service serving any
county in the Puget Sound area with a population of over one million
pending before the commission as of May 9, 2005, ((shall)) must be held
in abeyance and not be considered before July 1, 2007.
Sec. 94 RCW 47.76.230 and 1995 c 380 s 4 are each amended to read
as follows:
(1) The department of transportation shall continue its
responsibility for the development and implementation of the state rail
plan and programs, and the utilities and transportation commission
shall continue its responsibility for ((intrastate rates, service,
and)) railroad safety issues.
(2) The department of transportation shall maintain an enhanced
data file on the rail system. Proprietary annual station traffic data
from each railroad and the modal use of major shippers ((shall)) must
be obtained to the extent that such information is available.
(3) The department of transportation shall provide technical
assistance, upon request, to state agencies and local interests.
Technical assistance includes, but is not limited to, the following:
(a) Rail project cost-benefit analyses conducted in accordance with
methodologies recommended by the federal railroad administration;
(b) Assistance in the formation of county rail districts and port
districts; and
(c) Feasibility studies for rail service continuation ((and/))
(4) With funding authorized by the legislature, the department of
transportation, in collaboration with the department of community,
trade, and economic development, and local economic development
agencies, and other interested public and private organizations, shall
develop a cooperative process to conduct community and business
information programs and to regularly disseminate information on rail
matters.
Sec. 95 RCW 47.76.240 and 1995 c 380 s 5 are each amended to read
as follows:
The state, counties, local communities, ports, railroads, labor,
and shippers all benefit from continuation of rail service and should
participate in its preservation. Lines that provide benefits to the
state and local jurisdictions, such as avoided roadway costs, reduced
traffic congestion, economic development potential, environmental
protection, and safety, should be assisted through the joint efforts of
the state, local jurisdictions, and the private sector.
State funding for rail service, rail preservation, and corridor
preservation projects must benefit the state's interests. The state's
interest is served by reducing public roadway maintenance and repair
costs, increasing economic development opportunities, increasing
domestic and international trade, preserving jobs, and enhancing
safety. State funding for projects is contingent upon appropriate
local jurisdiction and private sector participation and cooperation.
Before spending state moneys on projects, the department shall seek
federal, local, and private funding and participation to the greatest
extent possible.
(1) The department of transportation shall continue to monitor the
status of the state's mainline and branchline common carrier railroads
and preserved rail corridors through the state rail plan and various
analyses, and shall seek alternatives to abandonment prior to
interstate commerce commission proceedings, where feasible.
(2) The utilities and transportation commission shall intervene in
((interstate commerce commission)) proceedings of the surface
transportation board, or its successor agency, on abandonments, when
necessary, to protect the state's interest.
(3) The department of transportation, in consultation with the
Washington state freight rail policy advisory committee, shall
establish criteria for evaluating rail projects and corridors of
significance to the state.
(4) Local jurisdictions may implement rail service preservation
projects in the absence of state participation.
(5) The department of transportation shall continue to monitor
projects for which it provides assistance.
Sec. 96 RCW 81.68.030 and 2005 c 121 s 2 are each amended to read
as follows:
The commission is vested with power and authority, and it is its
duty to supervise and regulate every auto transportation company in
this state as provided in this section. Under this authority, it shall
for each auto transportation company:
(1) Fix, alter, and amend just, fair, reasonable, and sufficient
rates, fares, charges, classifications, rules, and regulations;
(2) Regulate the accounts, service, and safety of operations;
(3) Require the filing of annual and other reports and of other
data;
(4) Supervise and regulate the companies in all other matters
affecting the relationship between such companies and the traveling and
shipping public;
(5) By general order or otherwise, prescribe rules and regulations
in conformity with this chapter, applicable to any and all such
companies, and within such limits make orders.
The commission may, at any time, by its order duly entered after
notice to the holder of any certificate under this chapter, and an
opportunity for a hearing, at which it shall be proven that the holder
willfully violates or refuses to observe any of the commission's proper
orders, rules, or regulations, suspend, revoke, alter, or amend any
certificate issued under the provisions of this chapter, but the holder
of the certificate has all the rights of rehearing, review, and appeal
as to the order of the commission as is provided for in chapter 34.05
RCW ((81.68.070)).
Sec. 97 RCW 81.84.060 and 2003 c 373 s 6 are each amended to read
as follows:
The commission, upon complaint by an interested party, or upon its
own motion after notice and opportunity for hearing, may cancel,
revoke, suspend, alter, or amend a certificate issued under this
chapter on any of the following grounds:
(1) Failure of the certificate holder to initiate service by the
conclusion of the fifth year after the certificate has been granted or
by the conclusion of an extension granted under RCW 81.84.010(2) ((or
(3))), if the commission has considered the progress report information
required under RCW 81.84.010(2) ((or (3)));
(2) Failure of a certificate holder for passenger-only ferry
service in Puget Sound to initiate service by the conclusion of the
twentieth month after the certificate has been granted;
(3) Failure of the certificate holder to file an annual report;
(4) The filing by a certificate holder of an annual report that
shows no revenue in the previous twelve-month period after service has
been initiated;
(5) The violation of any provision of this chapter;
(6) The violation of or failure to observe the provisions or
conditions of the certificate or tariffs;
(7) The violation of an order, decision, rule, regulation, or
requirement established by the commission under this chapter;
(8) Failure of a certificate holder to maintain the required
insurance coverage in full force and effect; or
(9) Failure or refusal to furnish reasonable and adequate service
after initiating service.
The commission shall take appropriate action within thirty days
upon a complaint by an interested party or of its own finding that a
provision of this section has been violated.
Sec. 98 RCW 79A.40.100 and 1959 c 327 s 10 are each amended to
read as follows:
The procedure for review of the orders or actions of the state
parks and recreation commission, its agents or employees, shall be
((the same as that contained in)) conducted in accordance with chapter
34.05 RCW ((81.04.170, 81.04.180, and 81.04.190)).
Sec. 99 RCW 81.53.261 and 1982 c 94 s 1 are each amended to read
as follows:
Whenever the secretary of transportation or the governing body of
any city, town, or county, or any railroad company whose road is
crossed by any highway, shall deem that the public safety requires
signals or other warning devices, other than sawbuck signs, at any
crossing of a railroad at common grade by any state, city, town, or
county highway, road, street, alley, avenue, boulevard, parkway, or
other public place actually open and in use or to be opened and used
for travel by the public, he or it shall file with the utilities and
transportation commission a petition in writing, alleging that the
public safety requires the installation of specified signals or other
warning devices at such crossing or specified changes in the method and
manner of existing crossing warning devices. Upon receiving such
petition, the commission shall promptly set the matter for hearing,
giving at least twenty days notice to the railroad company or companies
and the county or municipality affected thereby, or the secretary of
transportation in the case of a state highway, of the time and place of
such hearing. At the time and place fixed in the notice, all persons
and parties interested shall be entitled to be heard and introduce
evidence, which shall be reduced to writing and filed by the
commission. If the commission shall determine from the evidence that
public safety does not require the installation of the signal, other
warning device or change in the existing warning device specified in
the petition, it shall make determinations to that effect and enter an
order denying said petition in toto. If the commission shall determine
from the evidence that public safety requires the installation of such
signals or other warning devices at such crossing or such change in the
existing warning devices at said crossing, it shall make determinations
to that effect and enter an order directing the installation of such
signals or other warning devices or directing that such changes shall
be made in existing warning devices. The commission shall also at said
hearing apportion the entire cost of installation and maintenance of
such signals or other warning devices, other than sawbuck signs, as
provided in RCW 81.53.271: PROVIDED, That upon agreement by all
parties to waive hearing, the commission shall forthwith enter its
order.
No railroad shall be required to install any such signal or other
warning device until the public body involved has either paid or
executed its promise to pay to the railroad its portion of the
estimated cost thereof.
Nothing in this section shall be deemed to foreclose the right of
the interested parties to enter into an agreement, franchise, or permit
arrangement providing for the installation of signals or other warning
devices at any such crossing or for the apportionment of the cost of
installation and maintenance thereof, or compliance with an existing
agreement, franchise, or permit arrangement providing for the same.
The hearing and determinations authorized by this section may be
instituted by the commission on its own motion, and the proceedings,
hearing, and consequences thereof shall be the same as for the hearing
and determination of any petition authorized by this section.
No part of the record, or a copy thereof, of the hearing and
determination provided for in this section and no finding, conclusion,
or order made pursuant thereto shall be used as evidence in any trial,
civil or criminal, arising out of an accident at or in the vicinity of
any crossing prior to installation of signals or other warning devices
pursuant to an order of the commission as a result of any such
investigation.
Any order entered by the utilities and transportation commission
under this section shall be subject to review, supersedeas and appeal
as provided in chapter 34.05 RCW ((81.04.170 through 81.04.190,
respectively)).
Nothing in this section shall be deemed to relieve any railroad
from liability on account of failure to provide adequate protective
devices at any such crossing.
Sec. 100 RCW 15.66.270 and 1961 c 11 s 15.66.270 are each amended
to read as follows:
((Nothing in)) This chapter ((contained shall)) does not apply
to((:)) any provision of the statutes of the state of Washington
relating to the Washington apple ((
(1) Any order, rule, or regulation issued or issuable by the
Washington utilities and transportation commission or the interstate
commerce commission with respect to the operation of common carriers;
(2)advertising)) commission (chapter
15.24 RCW), to the soft tree fruits commission (chapter 15.28 RCW), or
to the dairy products commission (chapter 15.44 RCW). ((No)) Marketing
agreements or orders shall not be issued with respect to apples, soft
tree fruits, or dairy products for the purposes specified in RCW
15.66.030 (1) or ((15.66.030))(2).
NEW SECTION. Sec. 101 RCW 81.56.120 is recodified as a new
section in chapter 81.48 RCW.
NEW SECTION. Sec. 102 The following acts or parts of acts are
each repealed:
(1) RCW 15.65.610 (Orders, rules of Washington utilities and
transportation commission and interstate commerce commission not
affected) and 1961 c 256 s 61;
(2) RCW 81.04.170 (Review of orders) and 1961 c 14 s 81.04.170;
(3) RCW 81.04.180 (Supersedeas) and 1961 c 14 s 81.04.180;
(4) RCW 81.04.190 (Appellate review) and 1988 c 202 s 63, 1971
ex.s. c 107 s 5, & 1961 c 14 s 81.04.190;
(5) RCW 81.04.520 (Rate regulation study) and 1998 c 245 s 164 &
1990 c 21 s 8;
(6) RCW 81.08.070 (Fee schedule) and 1961 c 14 s 81.08.070;
(7) RCW 81.36.070 (Purchase, lease, sale, merger of railroads) and
1961 c 14 s 81.36.070;
(8) RCW 81.40.040 (Train employees -- Hours of service -- Penalty--Enforcement) and 2003 c 53 s 387, 1977 c 70 s 1, & 1961 c 14 s
81.40.040;
(9) RCW 81.40.100 (Penalty for employing illiterate engineer--Penalty for illiterate person to act as engineer) and 1961 c 14 s
81.40.100;
(10) RCW 81.44.031 (Safety appliances -- Locomotives operated on
class 1 railroads) and 1977 ex.s. c 263 s 1;
(11) RCW 81.44.032 (Penalties for violating RCW 81.44.031 or
tampering with locomotive speedometer lock or recording tape) and 1977
ex.s. c 263 s 2;
(12) RCW 81.44.050 (Power of commission as to appliances) and 1983
c 3 s 208 & 1961 c 14 s 81.44.050;
(13) RCW 81.44.060 (Penalty) and 1983 c 3 s 209 & 1961 c 14 s
81.44.060;
(14) RCW 81.44.065 (Devolution of powers and duties relative to
safety of railroads) and 1961 c 14 s 81.44.065;
(15) RCW 81.44.091 (Cabooses -- Size -- Equipment -- Application) and
1969 ex.s. c 116 s 1;
(16) RCW 81.44.092 (Cabooses -- Minimum length -- Construction--Insulation -- Cupola) and 1969 ex.s. c 116 s 2;
(17) RCW 81.44.093 (Cabooses -- Trucks, riding qualities, wheels--Draft gears, minimum travel, minimum capacity) and 1969 ex.s. c 116 s
3;
(18) RCW 81.44.094 (Cabooses -- Electric lighting -- Markers) and 1969
ex.s. c 116 s 4;
(19) RCW 81.44.095 (Cabooses -- Glass, glazing materials of safety
glass type) and 1969 ex.s. c 116 s 5;
(20) RCW 81.44.096 (Cabooses -- Stanchions, grab handles, or bars,
installation -- Edges and protrusions rounded -- Seat backs, standard) and
1969 ex.s. c 116 s 6;
(21) RCW 81.44.097 (Cabooses -- Drinking water facilities) and 1969
ex.s. c 116 s 7;
(22) RCW 81.44.0971 (Cabooses -- Facilities for washing hands and
face) and 1969 ex.s. c 116 s 8;
(23) RCW 81.44.0972 (Cabooses -- Fire extinguisher -- Type, location,
and maintenance) and 1969 ex.s. c 116 s 9;
(24) RCW 81.44.098 (Cabooses -- No violation when move in service if
correction made at first available point -- Temporary exemption,
procedure, limitations) and 1969 ex.s. c 116 s 10;
(25) RCW 81.44.0981 (Cabooses -- Register for report of failures--Regulations for use of) and 1969 ex.s. c 116 s 11;
(26) RCW 81.44.0982 (Cabooses -- Compliance, when -- Standard for
compliance) and 1969 ex.s. c 116 s 12;
(27) RCW 81.44.099 (Cabooses -- Regulation and enforcement--Regulations for) and 1969 ex.s. c 116 s 13;
(28) RCW 81.44.100 (Penalty) and 1969 ex.s. c 116 s 14 & 1961 c 14
s 81.44.100;
(29) RCW 81.44.101 (Track motor cars -- Windshield and canopy
required) and 1961 c 14 s 81.44.101;
(30) RCW 81.44.102 (Track motor cars -- Absence of windshield or
canopy unlawful) and 1961 c 14 s 81.44.102;
(31) RCW 81.44.103 (Track motor cars -- Head and tail lights
required) and 1961 c 14 s 81.44.103;
(32) RCW 81.44.104 (Track motor cars -- Absence of lights unlawful)
and 1961 c 14 s 81.44.104;
(33) RCW 81.44.105 (Track motor cars -- Penalty for violation) and
1961 c 14 s 81.44.105;
(34) RCW 81.44.110 (Equipment is part of cars -- Tare weight) and
1961 c 14 s 81.44.110;
(35) RCW 81.44.120 (Reimbursement of shipper for supplying
equipment) and 1961 c 14 s 81.44.120;
(36) RCW 81.48.010 (Failure to ring bell -- Penalty -- Exception) and
1995 c 315 s 1 & 1961 c 14 s 81.48.010;
(37) RCW 81.48.015 (Limiting or prohibiting the sounding of
locomotive horns -- Supplemental safety measures -- Notice) and 1995 c 315
s 2;
(38) RCW 81.52.010 (Physical connections) and 1961 c 14 s
81.52.010;
(39) RCW 81.52.020 (Sidetrack and switch connections -- Duty to
construct) and 1961 c 14 s 81.52.020;
(40) RCW 81.52.030 (Sidetrack and switch connection may be ordered
by commission) and 1961 c 14 s 81.52.030;
(41) RCW 81.52.040 (Spur tracks) and 1961 c 14 s 81.52.040;
(42) RCW 81.56.010 (Distribution of cars) and 1961 c 14 s
81.56.010;
(43) RCW 81.56.020 (Distributing book must be kept) and 1961 c 14
s 81.56.020;
(44) RCW 81.56.030 (Discrimination prohibited -- Connecting lines)
and 1961 c 14 s 81.56.030;
(45) RCW 81.56.040 (Equal privileges) and 1961 c 14 s 81.56.040;
(46) RCW 81.56.050 (Joint rates and through routes) and 1961 c 14
s 81.56.050;
(47) RCW 81.56.060 (Forest products -- Scales at junctions) and 1961
c 14 s 81.56.060;
(48) RCW 81.56.070 (Forest products -- Charges, how based) and 1961
c 14 s 81.56.070;
(49) RCW 81.56.080 (Forest products -- Shipper's count and weight)
and 1961 c 14 s 81.56.080;
(50) RCW 81.56.100 (Forest products -- Penalty) and 1961 c 14 s
81.56.100;
(51) RCW 81.56.110 (Forest products -- Special contracts regarding
weights) and 1961 c 14 s 81.56.110;
(52) RCW 81.56.130 (Commission rules to expedite traffic) and 1961
c 14 s 81.56.130;
(53) RCW 81.56.140 (Agent -- Fixed place of business) and 1961 c 14
s 81.56.140;
(54) RCW 81.56.150 (Regulating sale of passenger tickets) and 2003
c 53 s 393 & 1961 c 14 s 81.56.150;
(55) RCW 81.56.160 (Redemption of unused tickets) and 1961 c 14 s
81.56.160;
(56) RCW 81.68.070 (Public service law invoked) and 1971 c 81 s 146
& 1961 c 14 s 81.68.070;
(57) RCW 81.70.300 (Authority of commission and courts) and 1988 c
30 s 10;
(58) RCW 81.77.015 (Construction of phrase "garbage and refuse")
and 1965 ex.s. c 105 s 5;
(59) RCW 81.77.070 (Public service company law invoked) and 1961 c
295 s 8;
(60) RCW 81.80.030 (Hidden transportation charges) and 1961 c 14 s
81.80.030;
(61) RCW 81.80.175 (Permits for farm to market hauling) and 1963 c
242 s 5;
(62) RCW 81.80.240 (Joint through rates) and 1961 c 14 s 81.80.240;
(63) RCW 81.80.301 (Registration of motor carriers doing business
in state -- Identification number -- Receipt carried in cab -- Fees) and 1993
c 97 s 1;
(64) RCW 81.80.312 (Interchange of trailers, semitrailers, or power
units -- Interchange agreement, approval, restrictions -- Procedure when no
agreement) and 1969 ex.s. c 210 s 16, 1967 c 170 s 2, & 1961 c 14 s
81.80.312;
(65) RCW 81.80.318 (Single trip transit permit) and 1993 c 97 s 2,
1985 c 7 s 153, 1967 c 170 s 3, 1963 c 59 s 8, & 1961 c 14 s 81.80.318;
(66) RCW 81.80.340 (Public service law invoked) and 1971 c 81 s 147
& 1961 c 14 s 81.80.340;
(67) RCW 81.80.346 (Venue -- Appeals from rulings and orders) and
1963 c 242 s 4;
(68) RCW 81.80.375 (Fee when federal requirements necessitate
uniform forms evidencing interstate operations) and 1971 ex.s. c 143 s
6;
(69) RCW 81.80.380 (Cooperation with federal government) and 1961
c 14 s 81.80.380;
(70) RCW 81.80.381 (Regulation pursuant to act of congress or
agreement with interstate commerce commission) and 1963 c 59 s 10;
(71) RCW 81.80.391 (Reciprocity -- Apportionment of regulatory fees)
and 1961 c 14 s 81.80.391;
(72) RCW 81.80.395 (Idaho vehicles exempt -- Reciprocity) and 2005 c
319 s 135 & 1988 c 138 s 1;
(73) RCW 81.80.400 (Commercial zones and terminal areas -- Common
carriers with existing business within zone -- Persons seeking to serve
as common carriers after designation) and 1982 c 71 s 2 & 1972 ex.s. c
22 s 1;
(74) RCW 81.80.410 (Commercial zones and terminal areas -- Common
carriers with existing general freight authority) and 1982 c 71 s 3 &
1972 ex.s. c 22 s 2;
(75) RCW 81.80.420 (Commercial zones and terminal areas -- Expansion
by commission) and 1982 c 71 s 4;
(76) RCW 81.80.440 (Recovered materials transportation -- When permit
required -- Rate regulation exemption -- Definitions) and 1991 c 148 s 1 &
1990 c 123 s 1;
(77) RCW 81.80.450 (Recovered materials transportation -- Evaluation
of rate regulation exemption -- Required information -- Rules) and 1998 c
245 s 167, 1995 c 399 s 212, & 1990 c 123 s 2; and
(78) RCW 81.80.460 (Recovered materials transportation--Construction) and 1990 c 123 s 3.