WSR 98-08-090

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION

[Filed April 1, 1998, 9:31 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-04-043

Title of Rule: WAC 468-38-260 Night-time movements

Purpose: Brings current practices into compliance with rule. Current practice was initiated for safety to the motoring public and reduce interference with traffic during higher volume times

Other Identifying Information: Filed as an emergency rule change on January 30, 1998

Statutory Authority for Adoption: RCW 46.44.090

Summary: Allows for certain over-legal move to be performed during night-time hours. Moves are restricted to department preferred hours and routes and in compliance with published curfew hours

Reasons Supporting Proposal: Reduces risk to motoring public and reduces interference with traffic flow during higher volume hours

Name of Agency Personnel Responsible for Drafting and Implementation: Barry Diseth, Washington State Department of Transportation, Olympia, (360) 664-9497; and Enforcement: Capt. Tim Erickson, Washington State Patrol, Olympia, (360) 753-0350

Name of Proponent: Washington State Department of Transportation, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Allows for certain over-legal move to be performed during night-time hours. Moves are restricted to department preferred hours and routes and in compliance with published curfew hours.

Reduces risk to motoring public and reduces interference with traffic flow during higher volume hours

Proposal Changes the Following Existing Rules: Eliminates reference to ten foot wide limit and allows movement at department discretion. Also clarifies when no movement shall be made (i.e. visibility reduced to five hundred feet or when roadway conditions are hazardous, including snow, ice, mud, wind or water flooding)

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Transportation Building, Commission Board Room, 1D2, Olympia, Washington 98504, on May 29, 1998, at 9:00 a.m

Assistance for Persons with Disabilities: Contact TDD (360) 705-6980, by May 26, 1998

Submit Written Comments to: Barry Diseth, Motor Carrier Services, P.O. Box 47367, Olympia, WA 98504-7367, FAX (360) 664-9440, by May 26, 1998

Date of Intended Adoption: May 29, 1998

March 31, 1998

Gerald E. Smith

Deputy Secretary Operations

OTS-2016.1

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.]

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