WSR 97-01-058

PROPOSED RULES

WASHINGTON STATE PATROL

[Filed December 12, 1996, 2:01 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-22-049.

Title of Rule: WAC 204-90-040 Body requirements.

Purpose: Amend rule to comply with chapter 225, Laws of 1996 (SSB 5250), which makes hoods and bumpers optional on street rods and kit vehicles.

Statutory Authority for Adoption: RCW 46.37.005, 46.37.513, 46.37.517.

Statute Being Implemented: RCW 46.37.518.

Summary: Add verbiage stating that hoods and bumpers are optional equipment on street rods and kit vehicles.

Reasons Supporting Proposal: Amendments will bring the administrative rule in to line with new statutory language from chapter 225, Laws of 1996.

Name of Agency Personnel Responsible for Drafting and Implementation: Ms. Carol Morton, 4242 Martin Way, Olympia, WA, (360) 412-8934; and Enforcement: Captain Tim Erickson, 210 11th Avenue S.W., General Administration Building, Olympia, WA, (360) 753-0360.

Name of Proponent: Washington State Patrol, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Current rule sets body minimum requirements for special motor vehicles. Under chapter 225, Laws of 1996, hoods and bumpers are now optional equipment for street rods and kit vehicles. This change is necessary so the administrative rule is in line with the new statute.

Proposal Changes the Following Existing Rules: Add verbiage stating that hoods and bumpers are now optional equipment on vehicles defined as street rods and kit vehicles by the Washington State Patrol vehicle identification inspectors.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is necessary to bring the minimum requirements for special motor vehicles in to line with current law. The changes will make the rule less restrictive.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Washington State Patrol Main Conference Room, 210 11th Avenue S.W., General Administration Building, Olympia, WA, on January 23, 1997, at 9:00 - 11:00.

Assistance for Persons with Disabilities: Contact Ms. Jan Baca by January 16, 1997, (360) 753-0626.

Submit Written Comments to: Ms. Carol Morton, State Patrol Equipment Review Unit, P.O. Box 42635, Olympia, WA 98504-2635, FAX (360) 493-9090, by January 16, 1997.

Date of Intended Adoption: February 3, 1997.

December 11, 1996

Annette M. Sandberg

Chief

AMENDATORY SECTION (Amending Order 83-05-01, filed 5/13/83)

WAC 204-90-040 Body requirements. (1) Defroster and defogging devices: Every enclosed special motor vehicle shall be equipped with a device capable of defogging and defrosting the windshield area. Vehicles or exact replicas of vehicles manufactured prior to January, 1938, are exempt from this requirement.

(2) Door latches: Every enclosed special motor vehicle equipped with side doors leading directly into a compartment that contains one or more seating accommodations shall be equipped with door latches which firmly and automatically secure the door when pushed closed and which allow each door to be opened both from the inside and outside.

(3) Hoodlatches: A front opening hood shall be equipped with a primary and a secondary latching system to hold the hood in a closed position.

Hoods are optional equipment on vehicles defined as street rods and kit vehicles by the Washington state patrol vehicle inspectors.

(4) Enclosed passenger compartment: A special motor vehicle with an enclosed passenger compartment and powered by an internal combustion engine shall be constructed to prevent the entry of exhaust fumes into the passenger compartment.

(5) Floor pan: A special motor vehicle shall be equipped with a floor pan under the entire passenger compartment capable of supporting the weight of the number of occupants that the vehicle is designed to carry.

(6) Bumpers: A special motor vehicle shall be equipped with a bumper on both the front and rear of the vehicle with the exception of motor vehicles where the original or predominant body configuration, provided by a recognized manufacturer, did not include such bumper or bumpers in the design of the vehicle. Bumpers or exact replicas of bumpers for Type I vehicles meeting the original specifications of a recognized manufacturer shall satisfy the requirements of this section.

Bumpers are optional equipment on vehicles defined as street rods and kit vehicles by the Washington state patrol vehicle inspectors.

Bumpers, unless specifically exempted above, shall be at least 4.5 inches in vertical height, centered on the vehicle's centerline, and extend no less than the width of the respective wheel track distances. Bumpers shall be horizontal load bearing and attach to the vehicle frame to effectively transfer energy when impacted.

The maximum bumper heights will be determined by weight category of gross vehicle weight rating (GVWR) measured from a level surface to the highest point on the bottom of the bumper. For vehicles exempted from the bumper requirement for the reasons stated above, a maximum frame elevation measurement shall be made to the bottom of the frame rail. Maximum heights are as follows:

Front Back

Passenger Vehicles 22 Inches 22 Inches

4,500 lbs. and under GVWR 24 Inches 26 Inches

4,501 lbs. to 7,500 lbs. GVWR 27 Inches 29 Inches

7,501 lbs. to 10,000 lbs. GVWR 28 Inches 30 Inches

(7) Fenders: All wheels of a special motor vehicle shall be equipped with fenders designed to cover the entire tire tread width that comes in contact with the road surface. Coverage of the tire tread circumference shall be from at least 15 in front and to at least 75 to the rear of the vertical centerline at each wheel measured from the center of the wheel rotation. At no time shall the tire come in contact with the body, fender, chassis, or suspension of the vehicle.

(8) Frame: A special motor vehicle shall be equipped with a frame. If an existing frame from a recognized manufacturer is not used and a special frame is fabricated, it shall be constructed of wall box or continuous section tubing, wall channel, or unitized construction capable of supporting the vehicle, its load, and the torque produced by the power source under all conditions of operation. ((Specially fabricated frames shall meet the Specialty Equipment Manufacturing Association "Recommended practice for chassis contraction of special motor vehicles."))