WSR 02-21-070

EXPEDITED RULES

DEPARTMENT OF TRANSPORTATION


[ Filed October 17, 2002, 11:24 a.m. ]

Title of Rule: WAC 468-38-250 Days on which permits are issued.

Purpose: To clarify the days, hours and locations where special motor vehicle permits can be issued.

Statutory Authority for Adoption: RCW 46.44.090.

Statute Being Implemented: RCW 46.44.090, [46.44.]092, [46.44.]093, [46.44.]0941, and [46.44.]095.

Summary: The proposed amendment deletes the specific reference to the days and hours that permits can be acquired/issued at the ports of entry, given that the ports of entry will be phasing out permit issuing from their operations. Language is added that allows the department to approve and publish alternative locations where permits can be acquired after normal business hours.

Reasons Supporting Proposal: The proposal is necessary to support the changing business rules and agency policy of the Washington State Patrol's operation at the ports of entry. In addition, the proposal adds flexibility to the department to approve alternate locations (independent agents or self-issuers) to issue specified permits outside normal business hours.

Name of Agency Personnel Responsible for Drafting and Implementation: Barry Diseth, Olympia, (360) 704-6346; and Enforcement: Captain Fred Fakkema, Olympia, (360) 753-0350.

Name of Proponent: Washington State Department of Transportation and the Washington State Patrol, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of the rule is to define days, hours and locations where special motor vehicle (oversize and overweight) permits are issued. The current rule specifies normal business hours at Washington State Department of Transportation (WSDOT) locations Monday through Friday with the ports of entry also selling on weekends and after hours (basically a 24/7 operation). The state patrol which runs the ports of entry are anticipating phasing out of the permit issuance business to focus on size and weight enforcement. The phasing out period will include reducing sales to WSDOT business hours effective January 1, 2003, and complete phase out effective July 1, 2003.

Proposal Changes the Following Existing Rules: The proposal deletes the specific references to the port of entry operations, as well as weekend or after-hours sales. Language is added that allows the department to approve and publish alternate locations (independent agents or self-issuers) to issue special motor vehicle permits outside of normal business hours. This will add flexibility to the department to meet customer demands as needs are identified.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Barry Diseth, Washington State Department of Transportation, P.O. Box 47367, Olympia, WA 98504-7367 , AND RECEIVED BY December 23, 2002.


October 15, 2002

John F. Conrad

Assistant Secretary

Engineering and Regional Operations

OTS-5968.1


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

WAC 468-38-250   Days on which permits are issued.   Permits may be purchased at any authorized department of transportation office or agency Monday through Friday during normal business hours. ((Permits are not available on Saturdays, Sundays, or legal holidays. Permits may be purchased at ports of entry on the interstate highway system twenty-four hours a day, seven days a week, excluding legal holidays.)) The department may approve locations to issue permits at times other than normal business hours. Approval must be in writing. The department will maintain a published list of the approved locations.

[Statutory Authority: RCW 46.44.090. 89-23-110 (Order 68), 468-38-250, filed 11/22/89, effective 12/23/89; 82-18-010 (Order 31, Resolution No. 156), 468-38-250, filed 8/20/82. Formerly WAC 468-38-270. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-38-250, filed 12/20/78. Formerly WAC 252-24-330.]

Washington State Code Reviser's Office