Preproposal statement of inquiry was filed as WSR 98-06-023.

Title of Rule: WAC 468-38-110 Escort vehicle requirements.

Purpose: To enhance public safety by establishing a clear set of requirements and operating guidelines for escort vehicles.

Statutory Authority for Adoption: RCW 46.44.090.

Summary: Radically expands current rule to clarify requirements and add operating procedures for escorting oversize vehicles/loads on state highways.

Reasons Supporting Proposal: Reduces risk to motoring public by adding consistency to operating procedures and further clarifying expectations of an escort vehicle and its operation.

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: The rule provides minimum requirements for the equipping and operation of an escort vehicle engaged in escorting an oversize vehicle/load. The rule should provide for greater consistency, more specific operating procedure and result in reduced risk to motoring public.

Proposal Changes the Following Existing Rules: Dramatically expands on current requirements and procedures.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Any costs associated with this amendment are considered insignificant. Equipment described in the rule should already be in use by existing operators.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Transportation, Commission Board Room 1D2, Transportation Building, Olympia, Washington 98504, on June 15, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact TDD (360) 705-6980, by June 10, 1998.

Submit Written Comments to: Barry Diseth, Motor Carrier Services, P.O. Box 47367, Olympia, WA 98504-7367, FAX (360) 664-9440, by June 10, 1998.

Date of Intended Adoption: June 15, 1998.

April 27, 1998

Gerald E. Smith

Deputy Secretary, Operations

AMENDATORY SECTION (Amending Order 31, Resolution No. 156, filed 8/20/82)

WAC 468-38-110  ((Type of escort cars.)) Escort vehicle requirements. (((1) Escort cars must be furnished by the permittee. They may be a passenger car or a two-axle truck.

(2) Escort cars will be of such design as to afford the driver clear and unobstructed vision both front and rear. Escort cars will be in safe operational condition and properly licensed.

(3) Escort car operators must be experienced in the operation of escort vehicles, and no unnecessary passengers shall be permitted.

Pilot escort cars will travel at a distance of approximately 800-1,500 feet in front of and to the rear of the load. This distance shall be reduced in urban areas, at major intersections, and at structures less than 28 feet curb-to-curb width.

In hazardous conditions, the pilot car driver will act as a flagperson for traffic control and will signal by hand or by radio to the towing vehicle driver when he can proceed.

(4) The driver of the rear escort car will act as flagperson when hazardous conditions exist, either in advising the driver of the tow vehicle as to clearance in turning movements or of accumulations of overtaking traffic.

As required, the rear escort car will travel far enough behind the load to provide adequate warning for overtaking vehicles and safe space between the rear escort car and the trailing unit for passing vehicles. All escort cars shall carry a minimum of three approved emergency fuses and red flags.

Pilot car operators shall be properly licensed to operate the vehicle.

(5) When uniformed off-duty law enforcement officers act as escorts, using official police cars or motorcycles, the preceding requirements shall not be applicable.)) (1) When the escort vehicle is in front of the extra-legal vehicle or load being escorted, the operator shall:

(a) Warn oncoming traffic of the presence of the vehicle or load by use of signs and lights as provided in subsections (4) and (8) of this section.

(b) Notify the driver of the extra-legal vehicle or load by two-way radio of all hazards; overhead clearances; obstructions; traffic congestion; pedestrians; and any other circumstances evident to the operator that could affect either the safe movement of the extra-legal vehicle or load, the safety of the traveling public, or the efficient movement of traffic in sufficient time for the driver of the extra-legal vehicle or load to take remedial action, as necessary.

(c) To the extent necessary, locate safe places (if available) adjacent to the highway and notify the driver of the extra-legal vehicle or load thereof to allow the extra-legal vehicle or load and the escort vehicle(s) to clear the highway, so that following traffic can safely pass or for any other reasons necessary to protect public safety and efficient movement of traffic.

(d) Be far enough in front of the extra-legal vehicle or load to signal oncoming motorists to stop in a timely manner, or as specified by local jurisdiction, before such motorists enter any narrow structures or other restrictions on the highway to permit the safe passage of the vehicle or load.

(2) When the escort vehicle is behind the extra-legal vehicle or load, the operator shall:

(a) Warn traffic approaching from the rear of the presence of the extra-legal vehicle or load ahead, by use of signs and lights as provided in subsections (4) and (8) of this section.

(b) Notify the driver of the extra-legal vehicle or load by two-way radio of flat tires or other problems with the extra-legal vehicle or load; objects coming loose from the extra-legal vehicle or load; other traffic approaching or passing the extra-legal vehicle or load; and any other circumstances evident to the operator that could affect either the safe movement of the extra-legal vehicle or load, the safety of the traveling public, or the efficient movement of traffic in sufficient time for the driver of the extra-legal vehicle or load to take remedial action, as necessary.

(c) Notify the front escort driver and the driver of the extra-legal vehicle or load by two-way radio of traffic build-up and other delays to the normal flow and efficient movement of traffic caused by the movement of the extra-legal vehicle or load.

(d) Notify the driver of the extra-legal vehicle or load by two-way radio of other vehicles attempting to pass the extra-legal vehicle or load.

(e) Be far enough behind the extra-legal vehicle or load to signal motorists following the extra-legal vehicle or load to slow or stop in a timely manner, or as specified by local jurisdiction, before narrow structures or other restrictions in the highway to permit the safe passage of the extra-legal vehicle or load.

(3) The escort vehicle operator shall ensure that the escort vehicle is in safe operating condition.

(4) An escort vehicle shall, in addition to any other equipment required by traffic law, be equipped with two flashing or rotating amber lights mounted at each end of the required oversize load sign, positioned above the roof line, visible from a minimum of five hundred feet. As an alternative, the escort vehicle may be equipped with one flashing or rotating amber light mounted above the roof line, not obstructing the required oversize load sign, and visible to approaching traffic from a minimum of five hundred feet.

(5) The escort vehicle shall:

(a) Be either a single unit passenger car or a two-axle truck;

(b) Not to exceed a maximum gross vehicle weight rating of fourteen thousand pounds;

(c) Be at least sixty inches wide; and

(d) Not to exceed the legal limits of size and weight, as defined in chapter 46.44 RCW.

(6) The escort vehicle shall not carry any passengers or equipment or load which:

(a) Exceeds the height, length, or width of the escort vehicle, or overhangs the escort vehicle, or otherwise impairs its immediate recognition as a safety escort vehicle by the motoring public; or

(b) Obstructs the view of the flashing yellow lights or the signs used by the escort vehicle; or

(c) Causes safety risks; or

(d) Otherwise impairs the performance by the operator or the escort vehicle of the duties required by these rules.

(7) The escort vehicle operator shall properly load and secure any item(s) or equipment or load carried by the escort vehicle to ensure compliance with the requirements of this section.

(8) An escort vehicle shall display "oversize load" signs which shall be mounted above the roofline of the escort vehicle and be visible to approaching traffic from the front and the rear. All such signs shall be a minimum of five feet wide, ten inches high with one-inch wide brush stroke, black letters a minimum of eight inches high on yellow background, or shall be a maximum of seven feet wide, eighteen inches high, with a 1.41 inch brush stroke, black letters a minimum of ten inches high on yellow background.

(9) The escort vehicle(s) shall use its headlights at all times when escorting an extra-legal vehicle or load.

(10) The escort vehicle(s) shall be equipped with two-way radio facilities capable of providing reliable two-way voice communication between the driver of the extra-legal vehicle or load and the driver(s) of the escort vehicle(s) when the extra-legal vehicle or load is in motion on a public highway.

(11) An escort vehicle shall carry the following items of equipment at all times when escorting an extra-legal vehicle or load:

(a) Standard eighteen inch STOP & SLOW paddle sign.

(b) Three bi-directional emergency reflective triangles.

(c) A minimum of one 5 pound B, C, fire extinguisher.

(d) A reflectorized orange vest, shirt or jacket, which must be worn by the operator while directing traffic.

(e) An orange or white hard hat, which must be worn by the operator when out of the vehicle acting as a flagperson.

(f) A height measuring device which is nonconductive and nondestructive to overhead clearances, when required by the terms of the permit or regulations.

(g) A minimum ten package first-aid kit, as described in WAC 296-24-065, First-aid kit.

(h) A flashlight with red nose cone.

(12) An escort vehicle is prohibited from escorting more than one extra-legal vehicle or load at the same time, unless expressly authorized by the department.

(13) An escort vehicle shall use a height pole at all times when escorting an extra-legal vehicle or load exceeding fourteen feet six inches in height, unless otherwise expressly authorized by the department on the permit. The height pole shall extend not less than six inches above the maximum height of the extra-legal vehicle or load being escorted. When the escort vehicle is not escorting an extra-legal vehicle or load, but is moving on the highway, the height pole shall be removed, tied down, or shortened to within legal limits.

(14) The operator of the escort vehicle shall use the escort vehicle and the equipment described herein only in compliance with these rules.

(15) When an escort vehicle is not escorting an extra-legal vehicle or load but is moving on a public highway, the signs, described in subsection (8) of this section, shall either be removed or covered, and the flashing yellow lights, described in subsection (4) of this section, shall not be operated.

(16) In the performance of the duties required by these rules, the operator of the escort vehicle may be required to stop the extra-legal vehicle to allow other traffic to proceed safely. The operator of the escort vehicle shall signal the extra-legal vehicle or load to stop, and the extra-legal vehicle shall stop, as far off the roadway as practicable to allow other traffic to pass in the following situations:

(a) When the extra-legal vehicle or load becomes disabled; or

(b) When the movement of the extra-legal vehicle or load on a particular section of public highway presents a safety risk or unreasonably interferes with the efficient movement of other traffic, based upon such factors as the widths of the extra-legal vehicle or load and the roadway, volume of other traffic, visibility and limited sight distance, and mountainous terrain; or

(c) When driving conditions for the extra-legal vehicle or load are hazardous for any other reason, including weather.

(17) In the performance of the duties required by these rules, the operator may be required to direct other traffic to stop, slow or proceed in order to allow the extra-legal vehicle or load to continue moving safely, or to help the other traffic to navigate around a stopped extra-legal vehicle or load. When directing traffic in these situations, the operator of the escort vehicle shall:

(a) Be certified as a flagperson by the Washington state department of labor and industries;

(b) Comply with procedures described in Section 6 E of the MUTCD, Part 6, published September 3, 1993, or as subsequently amended;

(c) Stand outside of the escort vehicle; and

(d) Use the paddle signs and other equipment identified in subsection (11) of this section.

(18) The operator of the extra-legal vehicle or load and the operator of the pilot car escort vehicle shall comply with the following procedures:

(a) Before trip:

(i) Discuss aspects of the move, including the extra-legal vehicle or load, the route, and specific responsibilities.

(ii) Review permit conditions.

(iii) Review the permitted route.

(iv) Determine the proper position of the pilot car escort vehicle(s).

(v) Establish particular procedures.

(vi) Check mandatory equipment.

(vii) Mount signs, adjust mirrors, turn on lights.

(viii) Check each two-way radio to ensure clear communication on a selected channel.

(ix) Verify that driver's licenses and extra-legal vehicle or load permit are in the possession of the operators.

(x) Determine if additional flagpersons will be necessary and, if so, have them available.

(b) During the trip:

(i) Obey all traffic laws.

(ii) Do not follow or precede more closely than is reasonably prudent, considering the speed of the extra-legal vehicle or load, other traffic, and highway conditions.

(iii) Do not exceed 1/2 mile distance between extra-legal vehicle or load and the escort vehicle to maintain radio contact.

(iv) Be close enough to warn other traffic of extra-legal vehicle or load.

(c) Traffic lights:

(i) If the escort vehicle goes through a traffic light but the extra-legal vehicle or load does not, the escort vehicle must pull over to the right side of the highway, where practicable, to wait for the extra-legal vehicle or load.

(ii) If the extra-legal vehicle or load goes through the traffic light but the escort vehicle does not, then the extra-legal vehicle or load must continue and the escort vehicle must catch up when possible.

(19) When uniformed off-duty law enforcement officers act as escorts, using official police cars or motorcycles, the preceding requirements shall not be applicable.

[Statutory Authority: RCW 46.44.090. 82-18-010 (Order 31, Resolution No. 156), § 468-38-110, filed 8/20/82. Formerly WAC 468-38-190. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-110, filed 12/20/78. Formerly WAC 252-24-110.]