WSR 97-22-040

PROPOSED RULES

WASHINGTON STATE PATROL

[Filed October 31, 1997, 8:28 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-19-050.

Title of Rule: Equipment standards.

Purpose: Amend sections to clarify what can and cannot be used for motor vehicle aftermarket lighting devices. Repeals sections which are covered in other WACs.

Statutory Authority for Adoption: RCW 46.37.005 and 46.37.320.

Summary: Amend chapter 204-10 WAC to ensure that aftermarket devices for vehicles will be legal for use. Repeals sections in the chapter which are covered in other WACs.

Reasons Supporting Proposal: Concern for the safety of the motoring public. Eliminating redundancy in the WAC.

Name of Agency Personnel Responsible for Drafting and Implementation: Ms. Carol Morton, P.O. Box 42635, (360) 412-8934; and Enforcement: Captain Tim Erickson, P.O. Box 42614, (360) 753-0302.

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: The amendments to chapter 204-10 WAC, Equipment standards, will clearly define which aftermarket lighting devices can be used for motor vehicles. Repeals sections which are covered in other WACs.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no impact to small businesses.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Commercial Vehicle Division Conference Room, Ground Floor, General Administration Building, Olympia, Washington 98504, on December 9, 1997, at 10:30 a.m.

Assistance for Persons with Disabilities: Contact Ms. Kendra Hensley by December 2, 1997, (360) 753-0678.

Submit Written Comments to: Ms. Carol Morton, Washington State Patrol, Equipment and Standards, P.O. Box 42635, Olympia, WA 9854-2635 [98504-2635], FAX (360) 493-9090, by December 2, 1997.

Date of Intended Adoption: December 16, 1997.

October 31, 1997

Annette M. Sandberg

Chief

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

WAC 204-10-020 Lighting devices. Aftermarket neon lighting devices may not be used on motor vehicles while they are in motion on public roadways.

(1) Federal Motor Vehicle Safety Standard 108 is hereby adopted by reference as the standard for the following aftermarket lighting devices:

(a) Headlamps (shall be white only)

(b) Taillamps

(c) Stoplamps

(d) License plate lamps

(e) Turn signal lamps

(f) Side marker lamps

(g) Intermediate side marker lamps

(h) Backup lamps

(i) Identification lamps

(j) Clearance lamps

(k) Parking lamps

(l) Reflex reflectors

(m) Intermediate reflex reflectors

(n) Intermediate side reflex reflectors

(o) Intermediate side marker reflectors

(p) Turn signal operating units

(q) Turn signal flashers

(r) Vehicular hazard warning signal operating units

(s) Vehicular hazard warning signal flashers

(2) Canadian Standards Association Standard D106.2 is hereby adopted by reference as the standard for the following lighting devices:

(a) Aftermarket headlamps (quartz-halogen nonsealed beam - shall be white only).

(i) Motorcycle headlamps may comply with either Federal Motor Vehicle Safety Standard 108 or Canadian Standard D106.2.

(b) Fog lamps. Fog lamps may comply with either Standard D106.2 or SAE Standard J583((d)) as set forth in subsection (3)(a) of this section.

(3) Society of Automotive Engineers standards are hereby adopted by reference as the standard for the following lighting devices:

(a) Fog lamps (SAE J583((d))), aftermarket fog lamps shall be white to amber only

(b) Fog tail lamps (SAE ((X))J1319)

(c) Auxiliary driving lamps (SAE J581((a))), shall be white only and are not intended to be used alone or with the lower beam of a standard headlamp system

(d) Auxiliary low beam lamps (or auxiliary passing lamps) (SAE J582((a)))

(e) Spot lamps (SAE J591((b)))

(f) Cornering lamps (SAE J852((b)))

(g) Supplemental high-mounted stop and rear turn signal lamps (SAE ((J186a)) J1957 and J2068)

(h) Side turn signal lamps (SAE J914((b)))

(i) 360 degree emergency warning lamps (SAE J845)

(j) Flashing warning lamps for agricultural equipment (SAE J974)

(k) Flashing warning lamps for authorized emergency, maintenance, and service vehicles (SAE J595((b)))

(l) Flashing warning lamp for industrial equipment (SAE J96)

(m) Warning lamp alternating flashers (J1054)

(n) Green lamp for use on volunteer fireman's private vehicle (SAE J595((b))) - flashing warning lamps for authorized emergency, maintenance, and service vehicles.

(i) Color of the lens shall be green as that color is described in SAE Standard J578((d)) (Color specifications for electric signal lighting devices) rather than red or amber as specified in SAE J595((b)).

(o) Side cowl, fender, or running board courtesy lamps (SAE J575((g)))

(4) Standards promulgated by the commission on equipment for the following lighting devices shall be as set forth in the Washington Administrative Code chapters as indicated:

(a) Deceleration alert lamp system (chapter 204-62 WAC)

(b) Headlamp modulator (chapter 204-78 WAC)

(c) Headlamp flashing system (chapter 204-80 WAC)

(d) School bus warning lamps (chapter 204-74 WAC).

[Statutory Authority: RCW 46.37.005. 83-11-028 (Order 83-05-01), 204-10-020, filed 5/13/83. Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.280, 46.37.310, 46.37.320 and 46.37.380. 81-18-008 (Order 81-08-02), 204-10-020, filed 8/21/81.]

AMENDATORY SECTION (Amending Order 81-08-02, filed 8/21/81)

WAC 204-10-070 Air conditioning units. (1) Society of Automotive Engineers Recommended Practice SAE J639 is hereby adopted by reference as the standard for automotive air conditioning units.

(2) Society of Automotive Engineers Standard SAE J51((b)) is hereby adopted by reference as the standard for automotive air conditioning hose.

[Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.280, 46.37.310, 46.37.320 and 46.37.380. 81-18-008 (Order 81-08-02), 204-10-070, filed 8/21/81.]

AMENDATORY SECTION (Amending Order 81-08-02, filed 8/21/81)

WAC 204-10-090 Slow moving vehicle emblems. Society of Automotive Engineers Standard SAE J943((a)) is hereby adopted by reference as the standard for slow moving vehicle identification emblems. Mounting of the emblem shall be as set forth in chapter 204-28 WAC.

[Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.280, 46.37.310, 46.37.320 and 46.37.380. 81-18-008 (Order 81-08-02), 204-10-090, filed 8/21/81.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 204-10-100 Tire chains.

WAC 204-10-110 Traction devices.

WAC 204-10-130 Trailer hitches.

WAC 204-10-140 Motorcycle goggles, glasses, and face shields.