WSR 02-10-059

EMERGENCY RULES

DEPARTMENT OF TRANSPORTATION


[ Filed April 25, 2002, 4:18 p.m. ]

Date of Adoption: April 25, 2002.

Purpose: To bring rules regarding the movement of manufactured homes into compliance with federal rule, specifically tire loading requirements.

Citation of Existing Rules Affected by this Order: Amending WAC 468-38-120 Transport of extra-legal manufactured housing.

Statutory Authority for Adoption: RCW 46.44.090.

Other Authority: RCW 46.44.170.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Amendments to federal rule 49 C.F.R. 393 have strengthened the safety requirements for moving manufactured housing by eliminating, in most cases, and reducing in the rest, the allowance to overload tire capacity. The amendment does not provide a transition period, it is effective now.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Immediately.

April 25, 2002

John F. Conrad

Assistant Secretary

Engineering and Regional Operations

OTS-5631.1


AMENDATORY SECTION(Amending Order 180, filed 8/5/98, effective 9/5/98)

WAC 468-38-120   Transport of extra-legal manufactured housing.   (1) Purpose: To supplement the provisions of chapter 468-38 WAC as they relate to the transport of extra-legal manufactured housing on state highways. Where conflicts with other sections of this chapter occur, the following rules apply.

(2) Vehicle combination and size limits:

(a) Combination of vehicles - The combination shall be limited to two vehicles composed of the towing vehicle and the semi-trailer designed housing unit.

(b) Length - The length of the manufactured housing unit must not exceed seventy-five feet, including tongue.

(c) Width - The width of the manufactured housing unit must not exceed a box (base) width of sixteen feet. The unit may have an eave provided it does not extend beyond either side by:

(i) More than thirty inches for units with box width less than sixteen feet; or

(ii) More than sixteen inches for units with box width of sixteen feet, however, the overall width shall not, under any circumstance, exceed eighteen feet.

(d) Width exemptions - External features, such as doorknobs, window fasteners, eave cap, clearance lights, and load securing devices, that extend no more than two inches on each side of the unit, are exempt from the overall width measurement.

(e) Height - The height of the unit is limited to the actual overhead clearance of the route.

(3) Permits for transport: Permits to transport extra-legal manufactured housing units are issued as follows:

(a) Annual/monthly permits are issued only to dealers or manufacturers described in chapter 46.70 RCW or to licensed transporters described in chapter 46.76 RCW. Annual/monthly permits are restricted to units with a width less than, or equal to, a fourteen foot box plus twelve inch eave and/or a height of fifteen feet or less measured from level ground.

(b) Single trip permits are required for units with an overall width greater than fifteen feet or greater and/or height greater than fifteen feet measured from level ground. A single trip permit may also be issued for any unit of a lesser dimension. Units with an overall width or height greater than sixteen feet must comply with WAC 468-38-405, superloads prior to having a permit issued.

(c) Permits issued in accordance with the Uniform Mobile and Modular Home Transportation Regulations of WASHTO will be subject to those regulations and will be honored by the state of Washington if issued by other states.

(4) Escort vehicles: Escort vehicles must comply with WAC 468-38-100, except a front escort vehicle with height pole is not required until the overall height of the unit, measured from the road surface, exceeds fifteen feet. Vehicle or load width referenced in WAC 468-38-100 must be interpreted as overall width.

(5) Insurance:

(a) The transporter must have insurance in effect while operating under the permit in the minimum amounts of one hundred thousand/three hundred thousand dollars bodily injury and fifty thousand dollars property damage. Escort vehicle operators shall meet the insurance requirements of RCW 46.44.180.

(b) If an accident occurs while transporting a manufactured home under permit, the transporter must immediately notify the nearest state patrol office if the damage is greater than two hundred fifty dollars to the manufactured home or greater than one hundred dollars to other vehicles or structures. Permission to continue the movement must be obtained from the state patrol.

(6) Axles, tires and brakes for manufactured housing unit:

(a) ((Units manufactured on or after June 15, 1976, must conform to federal HUD rules Title 24, Chapter II, Subpart J of Part 280, as in effect on September 1, 1979, and as thereafter amended.

(b) Units manufactured prior to June 15, 1976, or not bearing the official HUD label,)) Housing units manufactured after January 1, 2002, (labeled pursuant to 24 CFR 3282.362 (c)(2)(i)), and housing units with no verifiable date of manufacture, must not be transported with tire loadings in excess of the manufacturer's rating as marked on the sidewall or, in the absence of such a marking, the load rating specified in any of the publications of any organization listed in the Federal Motor Carrier Safety Standard (FMCSS) No. 119 (49 CFR 571.119, S5.1 (b)).

(b) Housing units manufactured on or before January 1, 2002, (labeled pursuant to 24 CFR 3282.362 (c)(2)(i)) must not be transported with tire loadings more than eighteen percent over the manufacturer's rating as marked on the sidewall or, in the absence of such a marking, the load rating specified in any of the publications of any organization listed in FMCSS No. 119 (49 CFR 571.119, S5.1 (b)). Housing units transported on tires overloaded by nine percent or more must not be moved at speeds exceeding 50 mph (80 km/hr).

(c) Brakes must be designed and installed to also activate if the unit accidentally breaks away from the towing vehicle. Brakes must be operational on all wheels, except for housing units manufactured prior to June 15, 1976, that must comply as follows:



width of unit at base number of axles required wheels w/ brakes
> 8' 6" but < 10' 2 or more all wheels on 2 axles (towing unit w/min. 9,000 ((GVW1)) GVWR, all wheels on 1 axle)
10' to 14' (under 60' long) 2 or more (3 or more if > 60' long) all wheels on 2 axles (tires minimum 8:00 x 14.5, 10 ply)

((1 Gross vehicle weight rating which is assigned by the vehicle manufacturer.))

(c) All units exceeding fourteen feet in width at the base must:

(i) Have a minimum of four axles;

(ii) Have operating brakes on all wheels;

(iii) Not exceed the manufacturer's maximum weight rating on any tire as specified on the tire side wall;

(iv))) (d) Each unit in transport must have sufficient axles to support enough tires to comply with (a) or (b) of this subsection, as applicable. Any unit exceeding fourteen feet wide (box width) must have a minimum of four axles. Each unit must also:

(i) Not exceed the manufacturer's rating for any wheel, axle, ((draw bar)) drawbar, hitch, or other suspension component; and

(((v))) (ii) Carry a minimum of two spare tires, inflated and ready for use.

(((d) Brakes must be designed and installed to activate if the unit accidentally breaks away from the towing vehicle.))

(7) Towing vehicle requirements:

(a) Towing vehicles must be equipped with dual wheels on the drive axle; and

(b) If the unit exceeds fourteen feet in width, the towing vehicle must have a minimum GAWR2 of thirty-two thousand (32,000) pounds.


2 Gross axle weight rating which is the sum of the axle ratings assigned by the axle manufacturer.

(c) Engine horsepower must be enough to maintain speeds of 45 MPH on the interstate and 35 MPH on other highways.

(8) Signs and lights:

(a) The oversize load sign must be mounted on the rear of the unit, on a horizontal plane, between five and seven feet above the road surface.

(b) In addition to any other lighting requirements by law or rule, two six-inch flashing amber lights, with a minimum of thirty-five candle power, a flashing cycle of sixty to one hundred twenty times per minute during transit, must be mounted at the rear of the trailing unit, on a horizontal plane, at least ten feet above the road surface, and above the roof line of the towing vehicle. The lights at both locations must be separated as far as practical.

(9) Travel requirements:

(a) Routes: Extra-legal units must comply with the route restrictions published by the department. All units with an overall width or height of sixteen feet or greater must be approved for travel by the department on a case-by-case basis, see also WAC 468-38-405, superloads. In addition, dealers selling extra-legal manufactured homes must advise the prospective purchaser in writing that not all state highways are approved for the transport of manufactured homes in excess of twelve feet wide.

(b) Speed in transit is governed by WAC 468-38-340.

(c) Open side covering: Units with an open side must be covered with a rigid material such as plywood or hardboard. In lieu of the rigid material, plastic covering can be used, provided a grillwork of lumber or similar material is applied to prevent tears and/or billowing of the plastic material.

(d) Rural travel must maintain adequate spacing between units in transit of at least one-half mile. When following a truck, truck-tractor or trailer units must maintain a space of four hundred to five hundred feet to avoid impairing the visibility of an overtaking vehicle.

(e) Travel in the right lane is required except when passing or avoiding an obstacle. On two-lane highways, units must not pass other vehicles except when required to pass a slow moving vehicle which is hindering the safe flow of traffic.

(10) Decals:

(a) A decal issued by the county treasurer must be displayed on any manufactured home being transported on public highways in this state (RCW 46.44.170), except:

(i) When a unit is to enter the state;

(ii) When a unit is being moved from the manufacturer or distributor to a retail sales outlet;

(iii) When a unit is being moved from the manufacturer or distributor to a purchaser's designated location; or

(iv) When a unit is being moved between retail sales outlets.

(b) The county treasurer's transport decal shall be displayed on the rear of the manufactured home while in transport. It shall be issued at the same time as the tax certificate for manufactured home movement. If the tax certification is for a double-wide (or more) manufactured home, there must be a transport decal issued for each unit.

(c) The decal must meet the following requirements:

(i) Be at least eight and one-half inches square.

(ii) Be printed on Appleton Radiant Florescent Bristol (weight .010) or paper of comparable quality.

(iii) Be fluorescent orange in color.

(iv) Show the make, model and serial number of the manufactured home, the date issued, the name of the transporter, the transporter's WUTC permit number if required, the department of transportation special motor vehicle permit number, and the name of the county issuing the decal.

(v) Clearly display the expiration date of the decal, which must not be more than fifteen days after the date issued.

(d) Decals must not be transferred.

[Statutory Authority: RCW 46.44.090. 98-16-087 (Order 180), 468-38-120, filed 8/5/98, effective 9/5/98; 96-18-053, 468-38-120, filed 8/30/96, effective 9/30/96; 95-24-073, 468-38-120, filed 12/4/95, effective 1/4/96; 87-20-040 (Order 62, Resolution No. 307), 468-38-120, filed 10/1/87; 86-21-115 (Order 58, Resolution No. 286), 468-38-120, filed 10/21/86. Statutory Authority: RCW 46.44.170. 85-22-003 (Order 51, Resolution No. 254), 468-38-120, filed 10/24/85. Statutory Authority: RCW 46.44.090. 83-16-018 (Order 39, Resolution No. 195), 468-38-120, filed 7/25/83; 82-18-010 (Order 31, Resolution No. 156), 468-38-120, filed 8/20/82. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-38-120, filed 12/20/78. Formerly WAC 252-24-150.]

Washington State Code Reviser's Office