EXPEDITED RULES
Title of Rule: Repealing WAC 204-10-040 Motorcycle helmets.
Purpose: SSB 5335 removed the authority of the Washington State Patrol (under RCW 46.37.530) to adopt rules for protective helmets, thereby invalidating WAC 204-10-040.
Other Identifying Information: The United States Department of Transportation has outlined the standards for motorcycle helmets in the Code of Federal Regulations (C.F.R.) 49 Section 571.218. A link to this standard is on the WSP website (www.wsp.wa.gov) for the public to view.
Statutory Authority for Adoption: RCW 46.37.005.
Summary: The motorcycle helmets rule outlined Federal Motor Vehicle Safety Standard 218. A link to this standard can now be found on the WSP website (www.wsp.wa.gov). Legislature removed the authorization for the Washington State Patrol to adopt rules concerning the standards for protective helmets in SSB 5335.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ms. Christine Fox, 210 11th Avenue S.W., Room G21, Olympia, WA 98504-2614, (360) 753-3697.
Name of Proponent: 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 repeal of WAC 204-10-040 would conform to the changes proposed by the passing of SSB 5335, in chapter 97, Laws of 2003.
Proposal Changes the Following Existing Rules: This
rule-making action proposes to repeal WAC 204-10-040 as
explained above.
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 Ms. Christine Fox, Washington State Patrol, Equipment and Standards Review Unit, P.O. Box 42614, Olympia, WA 98504-2614 , AND RECEIVED BY November 4, 2003.
August 20, 2003
Ronal W. Serpas
Chief
OTS-6606.1
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 204-10-040 | Motorcycle helmets. |