WSR 98-06-023

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF TRANSPORTATION

[Filed February 24, 1998, 8:55 a.m.]

Subject of Possible Rule Making: Revision to WAC 468-38-110 Escort vehicle requirements. Provide minimum requirements for the operation of escort vehicles, what constitutes an escort vehicle, and operator requirements for performing related duties i.e. flagging.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.44.090 Special permits for oversize and overweight movements.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: There is considerable confusion regarding the performance expectations of vehicles used to escort the transport of over-dimensional loads, as well as the operators of those vehicles. Rules will be proposed to promote consistency, as well as safety, relative to the use of escort vehicles.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington State Patrol and the Department of Labor and Industries. Agency rules have been reviewed for their contribution to the proposed rule. Agency personnel will be provided copies of the proposed rule change for comment.

Process for Developing New Rule: Negotiated rule making, the Washington State Department of Transportation will draft a proposed rule change which will be reviewed by selected agencies and concerned industry participants.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Barry Diseth, Administrator, Motor Carrier Services, phone (360) 664-9497, FAX (360) 664-9440. Two "town meeting" forums will be advertised for public/industry question and answer. Drafts of the proposed rule change will be provided to concerned citizens upon request.

February 23, 1998

Gerald E. Smith