WSR 98-04-045
EMERGENCY RULES
DEPARTMENT OF TRANSPORTATION
[Filed January 30, 1998, 10:52 a.m.]
Date of Adoption: January 30, 1998.
Purpose: To bring administrative rule, WAC 468-38-260, into compliance with current practice adopted to help preserve the public safety.
Citation of Existing Rules Affected by this Order: Amending WAC 468-38-260 Night-time movements.
Statutory Authority for Adoption: RCW 46.44.090.
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: Under certain circumstances the department has been permitting oversize loads to move at night when traffic is light and there is a lower risk of incident occurring with the general motoring public. These moves are tightly controlled with specific routes and time windows.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 30, 1998
Gerald E. Smith
Deputy Secretary
Operations
AMENDATORY SECTION (Amending Order 132, filed 11/2/92, effective 12/3/92)
WAC 468-38-260 Night-time movements. Vehicles or combinations
operating under special motor vehicle permits that are overweight and/or
overdimensional((, not exceeding ten feet wide or one hundred feet long,
and of legal height)) may be permitted to move at night on state highways
((during normal atmospheric conditions)), subject to department preferred
hours/routes of travel, and in compliance with published curfew
restrictions. "Night-time movement approved" must be stated on the
permit. Night means one-half hour after sunset to one-half hour before
sunrise. Those oversize loads that are allowed to move at night shall
have lighting equipment as required by the Code of Federal Regulations,
Title 49, part 393.11. No movements shall be made when visibility is
reduced to less than ((one thousand)) five hundred feet or when hazardous
roadway conditions exist (including, but not limited to: Snow, ice, mud
slide, wind or water flooding over roadway). It shall be the
responsibility of the permittee to discontinue movement and remove the
unit from the highway when any of the above conditions exist which could
create an unsafe movement.
[Statutory Authority: RCW 46.44.090. 92-22-074 (Order 132), 468-38-260, filed 11/2/92, effective 12/3/92. Statutory Authority: RCW 46.44.090 and 47.01.071. 91-10-023 and 91-10-054 (Orders 71 and 71A), 468-38-260, filed 4/23/91 and 4/29/91, effective 5/24/91 and 5/30/91. Statutory Authority: RCW 46.44.090. 89-23-110 (Order 68), 468-38-260, filed 11/22/89, effective 12/23/89; 82-18-010 (Order 31, Resolution No. 156), 468-38-260, filed 8/20/82. Formerly WAC 468-38-290. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-38-260, filed 12/20/78. Formerly WAC 252-24-333.]