WSR 98-03-009
EMERGENCY RULES
DEPARTMENT OF TRANSPORTATION
[Filed January 9, 1998, 9:25 a.m.]
Date of Adoption: January 9 [8], 1998.
Purpose: Establishes new WAC 468-400-010 Declaration of purpose, 468-400-020 Definitions, 468-400-030 Bicycle race permit required, and 468-400-040 Bicycle race permit conditions.
Statutory Authority for Adoption: Chapters 34.05 and 34.08 RCW.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Establishes new chapter 468-400 WAC, Bicycle racing.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 1, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 4, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 4, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Immediately.
January 8, 1998
Gerald E. Smith
Deputy Secretary for Operations
BICYCLE RACING
NEW SECTION
WAC 468-400-010 Policy. It is the policy of the Washington state
department of transportation (department) to permit bicycle racing on
state highways in accordance with the conditions and regulations set
forth in this code and the latest edition of the "Washington State
Bicycle Racing Guidelines."
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NEW SECTION
WAC 468-400-020 Definitions. Bicycles are defined in RCW 47.04.071. Bicycle racing means any contest of speed or competition where bicycles are used. Bicycle racing permits riding more than two abreast on a roadway. This code applies to all events in which bicycle racing takes place, including the following.
(1) Duathlon, triathlon, or multisport event. A multisport race in which bicycle racing forms an essential component of the complete event. The bicycle race portion of these events is conducted similar to a time trial.
(2) Time trial. Time trials are events in which individuals or small teams of riders, separately ride the same route and distance for elapsed time. Time trials are generally started at preset intervals and held on an out and back or circuit course.
(3) Criterium. Criteriums are massed start, high speed bicycle race events in which riders race around a closed circuit course to compete for order of finish. Criteriums are usually held on closed urban or suburban public streets. The course is normally one-half to one mile in length.
(4) Road race. Road races are massed start events in which riders complete a race course for order of finish. The course may be point to point, a large circuit, or repeated laps of a shorter circuit. Road races are usually held on rural or suburban roads, but may also take place on urban streets.
(5) Rolling enclosure. A rolling enclosure is a type of traffic
control where escort vehicles form a caravan leading and following a
group of racers. The enclosure sets aside a moving part of the roadway
in the direction of the race for exclusive use of bicyclists. Racers
inside the enclosure are not required to follow the normal rules of the
road but are controlled by rules set forth in the Washington State
Bicycle Racing Guidelines. Racers are not allowed to cross the center
line unless the entire road is traffic controlled. A rolling enclosure
is the typical traffic control used to run a road race.
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NEW SECTION
WAC 468-400-030 Bicycle race permit required. All persons or
organizations (permittee) conducting any form of bicycle race on a state
highway shall apply for a bicycle race permit from the applicable WSDOT
region administrator. The bicycle race permit must be applied for at
least sixty days before the bicycle race event. No bicycle race event
may be held on a state highway without an approved bicycle race permit.
The WSDOT region administrator may waive these requirements under special
conditions.
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NEW SECTION
WAC 468-400-040 Bicycle race permit conditions. (1) Bicycle race permits shall be granted only under conditions that ensure reasonable safety for all participants, spectators, and highway users. Reasonable safety implies that race participants, spectators, and other highway users have been accommodated in planning in a manner as to minimize the possibility of placing one in conflict with another.
(2) Bicycle race permit requests must include a race description stating all pertinent information required to understanding the bicycle race event. The request must include a map showing the roadway on which the race will be held. Applications must specify the number of vehicles on the roadway used to run a race, starting and anticipated finish time, maximum number of racers, number and training of course marshals, types of signing, and communications equipment.
(3) Approval of other involved jurisdictions shall be obtained prior to formal issuance of a bicycle race permit from the WSDOT.
(4) If the race only crosses a state highway, the WSDOT region administrator may waive the need for a bicycle race permit provided the permittee can show that reasonable traffic control and safety are provided by the organizer and other road authority: Provided further, That the permittee provide the indemnification and liability insurance prescribed in subsections (6) and (7) of this section.
(5) Bicycle racing will not normally be allowed on the Interstate Highway System.
(6) The permittee shall indemnify, defend and save harmless the state of Washington for any claim, suit, action for injuries, death or any other cause of personal injury or property damage arising from the issuance of a bicycle race permit, including claims of race participants, pedestrians, or other roadway users.
(7) The permittee shall obtain liability insurance in an amount no less than one million dollars to cover the state of Washington for any and all liabilities, including all costs, attorney fees, judgments or other expenses, arising out of the use of state highways for the bicycle race event. The state shall be named as an additional insured on all insurance policies.
(8) When five or more vehicles are lined up behind a bicycle race and delayed for more than five minutes, the bicycle race shall be neutralized at a place of safety to allow the vehicles to pass.
(9) Requests for bicycle race permits must comply with the current WSDOT "Washington State Bicycle Racing Guidelines."
(10) The original or certified copy of the permit must be available at the bicycle race for the duration of the bicycle race event.
Copies of the "Washington State Bicycle Racing Guidelines" may be
obtained from the WSDOT bicycle and pedestrian program or a WSDOT region
office.
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