WSR 98-20-100
PROPOSED RULES
DEPARTMENT OF TRANSPORTATION
[Filed October 7, 1998, 11:09 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-19-007.
Title of Rule: WAC 468-38-230 Days on which permit movements are prohibited.
Purpose: Designates certain days when the movement of a permitted load is not authorized.
Statutory Authority for Adoption: RCW 46.44.090.
Summary: The proposal removes weekend restrictions, excluding major holidays.
Reasons Supporting Proposal: This will allow industry to make necessary moves of equipment to job sites on weekends for the following work week activity. Traffic impact should be negligible, few carriers would choose to move during Sunday afternoons, only as a necessity, due to the economics (i.e. overtime, etc.).
Name of Agency Personnel Responsible for Drafting and Implementation: Barry Diseth, Washington State Department of Transportation, Olympia, (360) 664-9497; and Enforcement: Capt. 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 November 20, 1998, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact TDD (360) 705-6980, by November 13, 1998.
Submit Written Comments to: Barry Diseth, Motor Carrier Services, P.O. Box 47367, Olympia, WA 98504-7367, fax (360) 664-9440, by November 13, 1998.
Date of Intended Adoption: November 20, 1998.
October 7, 1998
Gerald E. Smith
Deputy Secretary, Operations
OTS-2510.1
AMENDATORY SECTION (Amending Order 132, filed 11/2/92, effective 12/3/92)
WAC 468-38-230 Days on which permit movements are
prohibited. ((Vehicles operating under an overweight permit,
where the vehicle cannot maintain the speed of the surrounding
traffic flow, and vehicles operating under a permit authorizing
an overdimensional feature are prohibited from movement on
Fridays after 3:00 p.m. and after 12:00 noon on Sundays. Permit
movements are allowed all day on Saturday.)) Overdimensional
movements, and overweight vehicles that cannot maintain the speed
of the surrounding traffic flow, are prohibited on the holidays
of New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, and during the afternoon of the
day preceding said holidays. Should any of the holidays fall on
a Saturday or Sunday, the preceding Friday or the following
Monday shall be considered such holiday.
((All permit movements may be made on holidays that are not
commonly observed, provided they do not conflict with the policy
for Fridays and Sundays, e.g., President's Day, Martin Luther
King's Birthday, Columbus Day, Veterans' Day and General Election
Day.))
[Statutory Authority: RCW 46.44.090. 92-22-074 (Order 132), § 468-38-230, filed 11/2/92, effective 12/3/92; 89-23-110 (Order 68), § 468-38-230, filed 11/22/89, effective 12/23/89; 82-18-010 (Order 31, Resolution No. 156), § 468-38-230, filed 8/20/82. Formerly WAC 468-38-260. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-230, filed 12/20/78. Formerly WAC 252-24-324.]