Preproposal statement of inquiry was filed as WSR 98-10-037.

Title of Rule: WAC 468-38-160 Rear-view mirrors for overwidth loads (formerly: Side mirrors for overwide vehicles).

Purpose: To bring WAC 468-38-160 into compliance with RCW 46.37.400.

Statutory Authority for Adoption: RCW 46.44.090.

Summary: WAC and RCW are inconsistent with WAC having fewer requirements for rear-view vision appurtenances. The revision will place the WAC in compliance with RCW.

Reasons Supporting Proposal: Reduces risk to motoring public by adding consistency to RCW in the requirements for rear vision appurtenances.

Name of Agency Personnel Responsible for Drafting and Implementation: Barry Diseth, Washington State Department of Transportation, Olympia, (360) 664-9497; and Enforcement: Captain Marsh Pugh, 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 rear vision appurtenances (mirrors) which is consistent with RCW 46.37.400.

Proposal Changes the Following Existing Rules: Amended rule makes direct reference to RCW 46.37.400 as well as referencing requirements consistent with RCW.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Any costs associated with this amendment should be insignificant. Equipment described in the proposed 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 August 4, 1998, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact TDD (360) 705-6980, by July 31, 1998.

Submit Written Comments to: Barry Diseth, Motor Carrier Services, P.O. Box 47367, Olympia, WA 98504-7367, fax (360) 664-9440, by July 31, 1998.

Date of Intended Adoption: August 4, 1998.

June 24, 1998

James P. Toohey

for Gerald E. Smith

Deputy Secretary, Operations

AMENDATORY SECTION (Amending Order 68, filed 11/22/89, effective 12/23/89)

WAC 468-38-160  ((Side)) Rear-view mirrors for ((overwide)) overwidth loads. ((Side)) Rear-view mirrors shall be ((so)) mounted ((on vehicles hauling overwide loads that the driver can see the highway for a distance of two hundred feet directly to the rear of the driver's side of the vehicle)) in compliance with RCW 46.37.400. Escort vehicles may be used in lieu of ((this)) the distance requirement.

All escort vehicles must be equipped with outside rear-view mirrors on each side of the vehicle ((to provide vision to the rear to ensure that the movement is progressing safely)).

[Statutory Authority: RCW 46.44.090. 89-23-110 (Order 68), § 468-38-160, filed 11/22/89, effective 12/23/89; 82-18-010 (Order 31, Resolution No. 156), § 468-38-160, filed 8/20/82. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-160, filed 12/20/78. Formerly WAC 252-24-303.]