Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-22-019.

     Title of Rule and Other Identifying Information: Chapter 468-38 WAC, Vehicle size and weight -- Restricted highways -- Equipment, the chapter focuses on regulating vehicles and vehicles transporting loads that fall outside the limits established in chapter 46.44 RCW.

     Hearing Location(s): Transportation Building, Commission Board Room, 1D2, 310 Maple Park Avenue S.E., Olympia, WA 98502, on January 28, 2005, at 8:30 a.m.

     Date of Intended Adoption: January 28, 2005.

     Submit Written Comments to: Barry Diseth, P.O. Box 47367, Olympia, WA 98504-7367, e-mail disethb@wsdot.gov, fax (360) 705-6836, by January 21, 2005.

     Assistance for Persons with Disabilities: Contact Angie Collins by January 21, 2005, TTY (360) 705-7796 or fax (360) 705-6808.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Over time the rules have taken on a patchwork condition that includes some inconsistencies, ambiguities, techno-jargon and holes where office policy has been used to fill in where the rule did not provide adequate direction.

     Summary of Changes to chapter 468-38 WAC:

     General: All sections included in the proposal have been written in a "question and answer" format to enhance communications with stakeholders. Each subsection is addressed below regarding any additional changes.

     Chapter 468-38 WAC: The title has been modified to more accurately reflect the chapter subject matter. The title "Vehicle size and weight -- Restricted highways -- Equipment" should be replaced with "Vehicle size and weight -- Highway restrictions -- Equipment."

     WAC 468-38-001 Purpose and scope, a new section stating the purpose and scope of the chapter.

     WAC 468-38-005 Definitions, a new section providing definitions of technical terms associated with vehicle size and weight.

     WAC 468-38-010 Three-vehicle combinations, to be repealed. The section is a restatement of RCW 46.44.036.

     WAC 468-38-020 Temporary additional tonnage permits, to be repealed. The section was part restatement of RCW 46.44.095 with references to RCW 46.44.041 and 46.44.042. The remainder is incorporated in the revised WAC 468-38-080.

     WAC 468-38-030 Temporary additional tonnage permits, adds clarifying information on the maximum of additional tonnage that can be purchased.

     WAC 468-38-040 Special log tolerance transportation permits, to be repealed. The section is a restatement of RCW 46.44.047.

     WAC 468-38-050 Special permits for extra-legal loads, clarifying language added regarding load configuration criteria that must be met to qualify for a special permit. Expanded the language regarding special permit purchasing options. Incorporated permittee liability information from WAC 468-38-060 and days and times when permits can be acquired from WAC 468-38-250.

     WAC 468-38-060 Liability of permittee, to be repealed. Content was incorporated into WAC 468-38-050.

     WAC 468-38-070 Maximums for special permits -- Nondivisible, adds minor clarifying language to existing content on overwidth and overheight. Adds the use of manufacturers rating as additional criteria for tire loading limits under special permit. Clarifies use of overwidth trailers in combination. Expands use of overlength on truck and trailer combination. Adds extensive clarifying language to the use of an unladen truck and trailer. Places the long-standing office policy regarding front-hauls and back-hauls into rule.

     WAC 468-38-071 Maximums for special permits -- Divisible, adds clarifying language regarding type of permit and how it is to be measured when issued to a divisible load, particularly; use of draw bar and restrictions when the tractor has a dromedary box. Places the long-standing office policy to allow an exemption for front pilot/escort vehicles at department discretion on certain overheight permits. The section also incorporates from WAC 468-38-390 the ability to permit state vehicles during emergent situations.

     WAC 468-38-075 Special permit exemptions for authorized vehicles/or loads, this subsection has been renamed and expanded to include long standing office policy on exemptions for height, width and weight within specified parameters. The section also adds to the list for exemptions a vehicle combination described in the proposed WAC 468-38-070.

     WAC 468-38-080 Emergency load restrictions for heavy vehicles, renamed to more accurately reflect the content. Adds minor clarifying words that indicate a road may be restricted rather than just closed. Clarifies actual intent.

     WAC 468-38-095 Emergency road restrictions due to weather or other conditions, this is a new subsection created to combine WAC 468-38-135, 468-38-310, 468-38-320 and 468-38-390 under their common theme. Minor clarifying language added with no change in intent.

     WAC 468-38-100 Pilot/escort vehicle and operator requirements, the section incorporates WAC 468-38-110, which referenced when pilot/escort vehicles are needed, and changes how long-loads are measured when determining the need for a pilot/escort vehicle. The final authorization for assigning additional pilot/escort vehicles has been centralized to reduce confusion and simplify the contact point. Where overall length was criteria the focus has shifted to trailing units, eliminating the variable of different size tractors. Added to the section is the measurement for overlength single unit vehicles. The section also now addresses the temporary reassignment of a pilot/escort vehicle's position relative to the load when certain road conditions dictate. Pilot/escort lighting has been expanded to include a light bar with appropriate colored lights and visibility.

     WAC 468-38-110 Escort vehicle requirements, to be repealed. Content was incorporated into WAC 468-38-100.

     WAC 468-38-120 Transport of extra-legal manufactured housing, adds lighting requirements to the front of the transported housing unit and clarifies where the lighting is to be located, both front and rear.

     WAC 468-38-130 Lights -- Stop and turn signals, to be repealed. Content was incorporated into WAC 468-38-155.

     WAC 468-38-135 Transportation of radioactive or hazardous materials, to be repealed. Content was incorporated into WAC 468-38-095.

     WAC 468-38-140 Flags, to be repealed. Content was incorporated into WAC 468-38-155.

     WAC 468-38-155 Safety equipment for special permit moves, this new section creates a central location to consolidate the safety equipment content of WAC 468-38-130, 468-38-140, 468-38-160, 468-38-180, 468-38-190, and 468-38-200. There is minor clarifying language added regarding the placement of signs on oversize loads and towing vehicles.

     WAC 468-38-160 Rear-view mirrors for overwidth loads, to be repealed. Content was incorporated into WAC 468-38-155.

     WAC 468-38-175 Travel restrictions -- Days, times and highway use, this new section creates a central location to consolidate travel restriction content of WAC 468-38-220, 468-38-230, 468-38-235, 468-38-240, 468-38-260 and 468-38-340. Adds the day after Thanksgiving as a restricted travel day. Adds that commuter traffic restrictions will be posted on the internet and recognizes existing office policy to include width as a restriction variable.

     WAC 468-38-180 Brakes, to be repealed. Content was incorporated into WAC 468-38-155.

     WAC 468-38-190 Signs, to be repealed. Content was incorporated into WAC 468-38-155.

     WAC 468-38-200 Safety chains and devices, to be repealed. Content was incorporated into WAC 468-38-155.

     WAC 468-38-220 Moves in convoy, to be repealed. Content was incorporated into WAC 468-38-175.

     WAC 468-38-230 Days on which permit moves are prohibited, to be repealed. Content was incorporated into WAC 468-38-175.

     WAC 468-38-235 Commuter traffic restrictions, to be repealed. Content was incorporated into WAC 468-38-175.

     WAC 468-38-240 Cargo prohibition on reversible lane roads, to be repealed. Content was incorporated into WAC 468-38-175.

     WAC 468-38-250 Days on which permits are issued, to be repealed. Content was incorporated into WAC 468-38-050.

     WAC 468-38-260 Nighttime movements, to be repealed. Content was incorporated into WAC 468-38-175.

     WAC 468-38-265 Tow trucks -- Permitting for oversize/overweight, the section was revised and adopted with an effective date of August 31, 2004. The section has not been included as part of the text accompanying the CR-102.

     WAC 468-38-270 Construction equipment, the section is being dramatically expanded and will be a separate submission at a later date. The section has not been included as part of the text accompanying the CR-102.

     WAC 468-38-280 Retractable axles, this section, formerly titled "Special equipment," has been revised. Weight carried on a retractable axle will be governed by the design load capacity of the axle. Additionally, manufacturer's load rating of the tires will also regulate weight carried on the axle.

     WAC 468-38-290 Farm implements, adds clarifying language regarding eligibility for permits of self-propelled implements. Adds clarifying language and long-standing office policy regarding movement of implements on a transporting vehicle(s). Adds long-standing office policy on how to acquire a special permit for moving extra-legal farm implements. Amends permit coverage area from three to six contiguous counties, with ability to expand when justified. The premove notification is set at eight hours, with clarifying language to explain the purpose of the notification.

     WAC 468-38-300 Drawbar -- Towline, to be repealed. Content was incorporated into WAC 468-38-155.

     WAC 468-38-310 Adverse weather, to be repealed. Content was incorporated into WAC 468-38-095.

     WAC 468-38-320 Enforcement officer may restrict movements, to be repealed. Content was incorporated into WAC 468-38-095.

     WAC 468-38-330 Consideration of traveling public, to be repealed. This section was a restatement of RCW 46.61.427.

     WAC 468-38-340 Speed limits, to be repealed. Content was incorporated into WAC 468-38-175.

     WAC 468-38-350 Lane of travel, to be repealed. This section was a restatement of RCW 46.61.100.

     WAC 468-38-360 Building/house moves, minor clarifying information has been added regarding contact information and railroad crossing clearance.

     WAC 468-38-390 Winter road restrictions, to be repealed. The content was incorporated into WAC 468-38-095.

     WAC 468-38-405 Superload moves, clarifying language added regarding measurement. Explanation of necessary lead-time when requesting special permits. Modification regarding additional information to accompany standard application, from "at a minimum" requirement to "may be required." When necessary, a pretrip analysis of railroad crossings for clearance has been added. Clarifying information about potential cost sharing of a superload analysis has also been added. Also added is a reference to the potential need for added pilot/escort vehicles due to the size of the load.

     WAC 468-38-410 Bridge restrictions, adds clarifying information regarding the difference between posted and restricted bridges. Adds where the posted and restricted bridge information can be found.

     Reasons Supporting Proposal: Meeting the criteria provided by Governor's Executive Order 97-02 will address our concerns and make the rules more user friendly, for all users.

     Statutory Authority for Adoption: RCW 46.44.090.

     Statute Being Implemented: RCW 46.44.090.

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The amended chapter will have a relative seamless implementation due to the coordinated review with industry and enforcement prior to filing the document. There is no fiscal impact to any state or federal agency and no known negative impact to industry.

     Name of Proponent: Washington State Department of Transportation, Office of Commercial Vehicle Services, governmental.

     Name of Agency Personnel Responsible for Drafting: Barry Diseth, 921 Lakeridge Way, Olympia, (360) 705-7805; Implementation: Tim Erickson, 921 Lakeridge Way, Olympia, (360) 705-7343; and Enforcement: Capt. Coral Estes, 210 11th Street, Olympia (GA Building), (360) 753-0350.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The amendment meets several of the criteria stated in RCW 34.05.310(4). In addition, the rule changes have been discussed and negotiated with identified stakeholders.

     A cost-benefit analysis is not required under RCW 34.05.328. There are no known additional costs resulting from the implementation of the amended rule. The rule, as provided for in RCW 46.44.090, is used to implement the criteria necessary to address vehicles, and vehicles transporting loads, that do not fit the limits established in chapter 46.44 RCW. The rules are, for the most part, focused on safety to the motoring public and preservation of the infrastructure.

December 14, 2004

John F. Conrad

Assistant Secretary

Engineering and Regional Operations

OTS-7239.4

     (2) The chapter avoids, where possible, the restating of revised code and therefore should be used in conjunction with the revised code.

     (3) The chapter has been written in a "question and answer" format to enhance communication with users.

[]

     A-dolly: A converter dolly that is towed from a single hitch at the center line of the tow vehicle and contains the lower half of the fifth wheel assembly that when connected by kingpin to a semi-trailer converts the combined configuration into a full trailer.

     A-train double: A combination of vehicles composed of a tractor, a semi-trailer and either an A-dolly and a semi-trailer or a full trailer attached to the rear of the forward semi-trailer as if an A-dolly were used.

     Axle: The common axis of rotation of one or more wheels, either power-driven or freely rotating, in one or more segments in the same transverse plan. (Expanded from the definition in chapter 46.04.060 RCW.)

     Axle group: Any set of two or more parallel axles associated with a single vehicle or vehicle combination.

     Axle group weight: The part of the gross vehicle weight transmitted to the highway by the defined axle group.

     Axle spacing (spread): The longitudinal distance between the centers of the foremost and rearmost axles of an axle group measured from center to center of the defined axles.

     B-train double: A combination of vehicles composed of a tractor, a semi-trailer and a second semi-trailer connected by kingpin to the lower half of a fifth wheel assembly mounted on the rear of the forward semi-trailer.

     C-dolly: A converter dolly that is equipped with a single axle that is self-steering, towed from two hitches located in a horizontal transverse line on the towing unit, and is so designed that when the trailer converter dolly is coupled to a towing trailer, the trailer converter dolly cannot pivot horizontally with respect to the towing trailer.

     Axle spacing report: A report stating the maximum amount of weight a vehicle, or vehicle combination, can carry, both legally and under permit, based on the number of axles, the axle spacings, and the number and sizes of tires on the vehicle, or vehicle combination.

     Combination length: The total length of a combination of vehicles, i.e., truck-tractor -- semi-trailer -- trailer combination, measured from front extremity of the first vehicle to the rear extremity of the last vehicle, including the connecting space between vehicles and any overhanging load.

     Combined trailer length: The total length of a combination of trailers measured from the front extremity of the first trailer to the rear extremity of the last trailer including the connecting space and any overhanging load.

     Converter dolly: A vehicle unit that is designed, usually with the bottom half of a fifth wheel assembly, to convert a semi-trailer with kingpin into a full trailer.

     C-train double: A combination of vehicles composed of a tractor, a semi-trailer, a C-dolly and a second semi-trailer.

     Daylight hours: One-half hour before sunrise until one-half hour after sunset.

     Extra-legal vehicle: A vehicle, laden or unladen, which exceeds legal dimensions and/or weights and operates on highways by permit.

     Gross weight: The weight of a vehicle and/or combination of vehicles plus the weight of any load thereon.

     Height: The total vertical dimension of a vehicle above the ground surface including any load or appurtenance.

     Length: The total longitudinal dimension of a single vehicle, vehicle combination (see combination length), or individual trailer or semi-trailer. Trailer length is measured from the front of the cargo-carrying unit to its rear, exclusive of all overhangs from safety or energy efficiency devices (see also measurement exclusive devices). Length of a loaded trailer must include any overhangs of load when determining compliance with length limits or the need for a special permit.

     Longer combination vehicle: A combination of truck tractor, semi-trailer, and trailer that exceeds legal length dimensions and operates on highways by permit for transporting reducible loads.

     Maximum off track: The maximum difference in the path created by the center of the steering axle and the center of the rearmost axle of the vehicle or vehicle combination during the negotiation of a turn.

     Multilane highway: A highway with two or more lanes of travel in the same direction.

     Measurement exclusive devices: Certain devices that provide added safety, energy conservation, or are otherwise necessary, and are not designed to carry cargo.

     National network: Those interstate and other federal-aid primary highways on which commercial vehicles of the dimensions authorized by the Surface Transportation Assistance Act of 1982 are allowed to operate.

     Night: Night means one-half hour after sunset to one-half hour before sunrise.

     Nondivisible load: A load that cannot be readily or reasonably dismantled and is reduced to a minimum practical size and weight. Portions of a load can be detached and reloaded on the same hauling unit when the separate pieces are necessary to the operation of the machine or equipment which is being hauled: Provided, That the arrangement does not exceed permit limits for the configuration without the reloaded pieces. The federal definition of nondivisible load to be used for vehicles operating on the interstate is as follows: Any load or vehicle exceeding applicable length or weight limits that, if separated into smaller loads or vehicles, would: Compromise the intended use of the vehicle, destroy the value of the load or vehicle, require more than eight work hours to dismantle using appropriate equipment.

     Permit: A written or electronic authorization to:

     (a) Move or operate a vehicle, or combination of vehicles, on a highway;

     (b) With or without a load;

     (c) Of size and/or weight exceeding the limits prescribed for vehicles in regular operation.

     Pilot/escort vehicle: A motor vehicle used for the express purpose as a warning and guide vehicle for extra-legal vehicles.

     Pounds per inch of tire width: A measure of load restriction based on rated tire size. The pounds per inch of tire width are determined by dividing the weight carried on the axle group by the number of tires in the group and dividing again by the manufacturer's rated tire width as indicated on the sidewall of the tire.

     Rear overhang: The distance from the center of the last axle to the end of the load, or portion of the vehicle whichever is longer.

     Regional permit: Permits issued for interstate movement of certain nondivisible overweight and/or oversize vehicles and/or loads on highways designated by the jurisdictions participating in the "Western Regional Agreement for the Issuance of Permits for Overweight and/or Oversize Vehicles and/or Loads Involved in Interstate Travel."

     Regular operation: The movement over highways of motor vehicles with dimensions and weights specified by state and federal codes.

     Retractable axle: An axle that can be separately raised and lowered by the driver of the vehicle but may not have its weight bearing capacity regulated from within reach of the driver's compartment. Also known as "lift axle" and "booster axle," or more formally known as a "variable load suspension" (VLS) axle.

     Rocky mountain double: A combination of vehicles including a truck-tractor pulling a long semi-trailer and a shorter trailer.

     Single axle: An assembly of two or more wheels whose centers are in one transverse vertical plane and which are transmitting weight to the highway.

     Single unit: A motor vehicle with no attached vehicles, i.e., truck, bus, truck-tractor.

     Steering axle: The axle or axles on the front of a motor vehicle that are activated by the operator to directly accomplish guidance or steerage of the vehicle and/or a combination of vehicles.

     Superload: A superload is any load that would require special analysis and approval by one or more state permit offices because of dimensions or weight. Criteria for superloads in Washington state are found in WAC 468-38-405.

     Tandem axle: Any two consecutive single axles whose centers may be included between parallel transverse vertical planes spaced at least four feet but not more than eight feet apart, extending across the width of the vehicle, articulating from a common attachment, or designed to automatically equalize the load between the two axles. This working definition is extrapolated from RCW 46.44.041.

     Tote: Common term for a motor vehicle used to transport manufactured housing.

     Tridem axle: Any three consecutive single axles whose extreme centers may be included between parallel transverse vertical planes spaced not more than twelve feet apart, extending across the width of the vehicle, and are articulated from a common attachment to the vehicle, or are designed to automatically equalize the load between the three axles.

     Truck-tractor: A motor vehicle used primarily for pulling other vehicles but not specifically constructed to carry a load other than a part of the weight of the vehicle and load being pulled. This vehicle may include a small freight compartment (also referred to as a dromedary box), deck or plate not more than eight feet in length used for carrying a load. Federal rule allows the interstate use of a vehicle with a dromedary box only if the vehicle was in operation prior to December 1, 1982, proof to be provided by the vehicle operator. This working definition was extrapolated from RCW 46.04.655, 46.44.037 and Code of Federal Regulation, 23 CFR 658.13(f).

     Trunnion axle: An axle configuration with two individual axles mounted in the same transverse plane, with four tires on each axle, connected at a pivot point that allows each individual axle to oscillate in a vertical plane to provide constant and equal weight distribution on each individual axle.

     Trunnion axle group: Two or more consecutive trunnion axles, that are individually attached to, and/or articulated from, the vehicle, and may include a weight equalizing suspension system.

     Turnpike double: A combination of vehicles including a truck-tractor pulling a long semi-trailer and an additional long trailer.

     Wide base tire: A tire whose nominal section (sidewall to sidewall) width, as identified by tire nomenclature, is over fourteen inches.

     Width: The total outside transverse dimension of a vehicle including any load or load-holding devices thereon, but excluding approved safety devices and tire bulge due to load.

[]

     (4) Temporary additional tonnage permits may be purchased when the applicant has licensed tonnage in effect for the period for which he is applying. A trip permit may be used in lieu of licensed tonnage when the requirements of RCW 46.16.160 have been met.))(1) What vehicle type or vehicle combination is eligible for the temporary additional tonnage permit provided in RCW 46.44.095? Temporary additional tonnage permits may be issued to the following types of vehicles: Three or more axle single unit trucks; three or more axle truck-tractors, including those equipped with a legal dromedary area; and a truck-tractor with two axles pulling double trailers.

     (2) What is the maximum amount of additional tonnage that can be purchased? Tonnage may be purchased up to the legal capacity of the vehicle(s), not to exceed one hundred five thousand five hundred pounds, based on number of axles and axles spacings (RCW 46.44.041), and number and size of tires.

     (3) Are temporary additional tonnage permits ever issued to the trailer? Temporary additional tonnage permits are only issued to power units.

     (4) Can a department of licensing trip permit be used in lieu of licensed tonnage, to meet the forty thousand pound (single unit) or eighty thousand pound (combination) requirement needed before an additional tonnage permit can be issued? Yes, as provided for in RCW 46.16.160.

     (5) Can the additional tonnage permit extend beyond the valid license period? The additional tonnage permit may not extend beyond the valid license period. In the case where department of licensing trip permits are used in lieu of licensed tonnage, a minimum of two three-day trip permits must be used because the additional tonnage permit is sold for a minimum of five days. Only three trip permits can be issued to a vehicle within a thirty-day period, allowing for a maximum of nine days of additional tonnage in any thirty-day period.

[Statutory Authority: RCW 46.44.090. 94-07-054 (Order 142), § 468-38-030, filed 3/11/94, effective 3/11/94; 89-23-110 (Order 68), § 468-38-030, filed 11/22/89, effective 12/23/89; 82-18-010 (Order 31, Resolution No. 156), § 468-38-030, filed 8/20/82. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-030, filed 12/20/78. Formerly WAC 252-24-030.]

     (8) Except as provided for in RCW 46.44.140, the original permit or certified copy must be carried on the power unit at all times the permit is in effect. Tow truck operators who have received approval by telephone to operate under permit are exempt from this requirement.)) (1) When can the department or its agents issue a permit for an extra-legal move? The following general conditions must be met:

     (a) Application has been made in written or electronic format to the department or its agents (oral application is acceptable in face-to-face over-the-counter transactions) and the applicant has shown there is good cause for the move.

     (b) The applicant has shown the configuration is eligible for a permit.

     (c) The vehicle, vehicle combination and/or load has been thoroughly described and identified.

     (d) The points of origin and destination and the route of travel have been stated and approved.

     (e) The move has been determined to be consistent with public safety. The permit applicant has indicated that appropriate safety precautions will be taken as required by state law, administrative rule or specific permit instruction.

     (2) How must a vehicle(s), including load, be configured to be eligible for a special permit to move on the state highways? A vehicle(s), including load, that can be readily or reasonably dismantled must be reduced to a minimum practical size and weight. Portions of a load may be detached and reloaded on the same hauling unit when the separate pieces are necessary to the operation of the machine or equipment which is being hauled: Provided, That the arrangement does not exceed special permit limits. Detached and reloaded pieces must be identified on the special permit.

     (3) Are there any exceptions to dismantling the configuration? Yes. A vehicle, vehicle combination or load may stay assembled if by separating it into smaller loads or vehicles the intended use of the vehicle or load would be compromised (i.e., removing the boom from a self-propelled crane), the value of the load or vehicle would be destroyed (i.e., removing protective packaging), and/or it would require more than eight work hours to dismantle using appropriate equipment. The permit applicant has the burden of proof in seeking an exception. Configurations that fall under the exception must not exceed special permit limits.

     (4) What does the applicant affirm when he/she signs the permit? The permit applicant affirms:

     (a) The vehicle or vehicle combination and operator(s) are properly licensed to operate and carry the load described in accordance with appropriate Washington law and administrative code.

     (b) They will comply with all applicable requirements stipulated in the permit to move the extra-legal configuration.

     (c) The move (vehicle and operator) is covered by a minimum of seven hundred and fifty thousand dollars liability insurance: Provided, That a noncommercial move (vehicle and operator) shall have at minimum three hundred thousand dollars liability insurance for the stated purpose.

     (d) Except as provided in RCW 46.44.140, the original permit (permit with original signature) or certified copy will be carried on the power unit at all times while the permit is in effect. Moves made by designated emergency vehicles, receiving departmental permit authorization telephonically, are exempt from this requirement.

     (5) What specific responsibility and liability does the state assign to the permit applicant through the special permit? Permits are granted with the specific understanding that the permit applicant shall be responsible and liable for accidents, damage or injury to any person or property resulting from the operation of the vehicle covered by the permit upon public highways of the state. The permit applicant shall hold blameless and harmless and shall indemnify the state of Washington, department of transportation, its officers, agents, and employees against any and all claims, demands, loss, injury, damage, actions and costs of actions whatsoever, that any of them may sustain by reason of unlawful acts, conduct or operations of the permit applicant in connection with the operations covered by the permit.

     (6) When and where can a special permit be acquired? The following options are available:

     (a) Special permits may be purchased at any authorized department of transportation office or agency Monday through Friday during normal business hours.

     (b) An application for a permit may be submitted by facsimile, including charge card information to an authorized location. The special permit will be issued and returned by facsimile subject to normal business hours.

     (c) Companies that would like to self-issue permits for their own vehicles may apply to the department for this privilege. Department representatives will work with the company to determine if self-issuing is appropriate.

     (d) The department will maintain and publish a list of authorized permit offices and agencies.

[Statutory Authority: RCW 46.44.090 and 47.01.071. 91-10-023 (Order 71), § 468-38-050, filed 4/23/91, effective 5/24/91. Statutory Authority: RCW 46.44.090. 89-23-110 (Order 68), § 468-38-050, filed 11/22/89, effective 12/23/89; 82-18-010 (Order 31, Resolution No. 156), § 468-38-050, filed 8/20/82. Formerly WAC 468-38-150. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-050, filed 12/20/78. Formerly WAC 252-24-050.]

     (c) Additional pieces may not exceed the outside envelope (rectangular) dimension created by the largest piece(s) loaded in its smallest configuration. No piece shall be added to a load for the sole purpose of creating a larger envelope. It shall be the responsibility of the carrier to provide proof that all pieces are necessary to the move.)) Are there maximum dimensions established for moving nondivisible over-dimensional vehicles and/or loads? Yes. In all instances the general safety of the public is considered paramount and will ultimately govern over-dimensional moves. There are some general rules; however, physical barriers determine most maximums for over-dimensional moves. Over-dimensional maximums are addressed as follows:

     (a) Overwidth: As stipulated in RCW 46.44.092, fourteen feet on any two-lane highway; twenty feet on any multiple-lane highway where a physical barrier serving as a median divider (i.e., jersey barrier, cyclone fence, guardrail, etc.) separates the oncoming and opposing traffic lanes; thirty-two feet on any multiple-lane undivided highway. Permits may be issued for widths in excess of the preceding limits when traveling on highway segments that by design can accommodate the greater width.

     (b) Overheight: Any move involving height, especially permitted moves exceeding fourteen feet, are governed by the ability to clear overhead obstructions such as bridges, underpasses, wires, overhead signs, and other objects. The issuance of a permit does not insure the route to be free of overhead obstructions. It is the responsibility of the permit applicant to check, or prerun, the proposed route and provide for safe maneuvers around the obstruction or detours as necessary. Structures owned by the state should be reviewed with department field personnel to determine safe navigation of the move, including options for temporary removal of obstructions. Detours off the state route onto county or city roads require authorization from those jurisdictions. A traffic control plan (see WAC 468-38-405 (3)(d)) may be requested for approval by the department before a permit is issued.

     (c) Overlength: Routes will be limited to over-dimensional moves based on ability to negotiate curves, interchanges, entrance and exit roadways and other obstacles.

     (2) Are there maximum weights established for moving nondivisible overweight vehicles and/or loads? Yes. Weight maximums for the movement of a nondivisible load under special permit are established in RCW 46.44.091. In addition, tire loading for the movement of a nondivisible load is limited to the lesser of six hundred pounds per inch width of tire or the tire manufacturer's rating with proper inflation, as determined by the nomenclature imprinted on the tire.

     (3) Are there maximums and/or other criteria established for the use of specific vehicle combinations when moving over-dimensional nondivisible loads? Yes. The maximums for specific vehicle combinations are as follows:

     (a) Truck-tractor pulling a semi-trailer or full trailer: Trailers in excess of legal length and/or width dimensions, or the permitted length of fifty-six feet, shall not exceed the length or width of the nondivisible load being transported. The department may grant an exception when the added dimension is necessary to spread the weight of the load to comply with requirements established by the department to protect the infrastructure. Jeeps and/or boosters may be added to the trailer to help distribute weight as necessary. A "pusher" power unit may also be added to the configuration upon approval of the department. Jeeps, boosters and pusher power units will be considered part of the trailing unit plus load measurement.

     (b) Truck-tractor pulling semi-trailer and full trailer (or two semi-trailers in B-train configuration): The combined trailer length, including the space between trailers, may not exceed sixty-one feet. This combination is limited to nondivisible loads not to exceed ten feet wide. Both trailers may carry a nondivisible load, with the widest load carried on the first trailer. Trailers in excess of legal width shall not exceed the width of the nondivisible load being transported. This combination may not carry overheight, overlength or overweight loads.

     (c) Truck and trailer: There are two scenarios for this combination:

     (i) Both truck and trailer carrying loads: The combined overall length of the combination when carrying a nondivisible overlength load must not exceed eighty-five feet. Any nondivisible overlength load is restricted to only one vehicle. The trailer may be loaded with the overhang entirely to the rear of the trailer, or the truck may be loaded with the overhang entirely to the front of the truck. Both truck and trailer may carry overwidth and overheight loads. The truck and/or trailer in this configuration may not carry an overweight nondivisible load.

     (ii) Unladen truck and trailer: The unladen truck may be treated as a truck-tractor and the combination addressed as described in (a) of this subsection: Provided, That the truck-tractor is not carrying any load of any kind, and that its use as an unladen truck is specified on the special permit. The trailing unit is measured from the foremost point of the draw bar or load, whichever is greater, to the rearmost part of the trailer or load, whichever is greater. This combination may carry a nondivisible overweight load on the trailer. For example, an unladen dump truck may acquire a special permit to pull a tilt trailer with a dozer or backhoe where the trailer load causes the axles to exceed legal weight.

     (4) Can a vehicle, or vehicle combination, carry multiple pieces when using an over-dimensional nondivisible special permit? Yes, under the following conditions:

     (a) The vehicle(s) and load are transported at legal weights.

     (b) The largest nondivisible piece(s) must be loaded to its practicable minimum. No single piece may create a dimension greater than the dimension it would create if loaded properly and carried by itself.

     (c) Additional pieces may be added within the envelope dimension created by the largest piece(s) loaded to its practicable minimum. The envelope should be viewed as an imaginary cube with height, length and width defined by the extremities, regardless of shape, of the over-dimensional piece(s) and other legal dimensions as necessary. The department will provide an illustrative example upon request.

     (5) Are there any circumstances when an over-dimensional vehicle(s) can move a legal size load? Yes, when the following conditions have been met:

     (a) The vehicle(s) are making the move in conjunction with being in route to pick up a nondivisible load under special permit (front haul); or

     (b) The vehicle(s) are making the move in conjunction with returning from a delivery of a nondivisible load under special permit (back haul); and

     (c) The route traveled is the same route that would have been used if a legal load had not been moved; and

     (d) The front haul or back haul is noted on the special permit used for the nondivisible move.

[Statutory Authority: RCW 46.44.090. 00-11-019 (Order 197), § 468-38-070, filed 5/9/00, effective 6/9/00; 98-21-019 (Order 183), § 468-38-070, filed 10/13/98, effective 11/13/98; 98-09-029 (Order 172), § 468-38-070, filed 4/10/98, effective 5/11/98; 96-23-003, § 468-38-070, filed 11/7/96, effective 12/8/96; 83-16-018 (Order 39, Resolution No. 195), § 468-38-070, filed 7/25/83; 82-18-010 (Order 31, Resolution No. 156), § 468-38-070, filed 8/20/82. Formerly WAC 468-38-170. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-070, filed 12/20/78. Formerly WAC 252-24-080.]

     (2) Overheight: A vehicle, or vehicle combination, hauling empty apple bins, or owned and operated by a rancher hauling hay from the rancher's own fields for use with the rancher's own livestock, may be issued a permit, for vehicle and load, not to exceed fifteen feet high, measured from a level road bed. This permit may be used in conjunction with the overlength permit described in subsection (1) of this section.)) Can a vehicle, or vehicle combination, acquire a permit to exceed the dimensions for legal vehicles in regular operation when moving items of a divisible nature? Yes. There are some very specific configurations that can receive extra length or extra height when carrying a divisible load.

     (2) What configurations can be issued a permit, and how are they measured? The configurations and measurement criteria are:

     (a) An overlength permit may be issued to a truck-tractor to pull a single trailer or semi-trailer, with a trailer length not to exceed fifty-six feet. The measurement for the single trailing unit will be from the front of the trailer (including draw bar when used), or load, to the rear of the trailer, or load, whichever provides the greater distance up to fifty-six feet. Rear overhang may not exceed fifteen feet.

     (b) An overlength permit may be issued to a truck-tractor to pull a set of double trailers, composed of a semi-trailer and full trailer or second semi-trailer, with a combined trailer length not to exceed sixty-eight feet. The measurement for double trailers will be from the front of the first trailer, or load, to the end of the second trailer or load, whichever provides the greatest distance up to sixty-eight feet. Note: If the truck-tractor is carrying an allowable small freight compartment (dromedary box), the total combined length of the combination, combined trailer length notwithstanding, is limited to seventy-five feet.

     (c) An overlength permit may be issued to a log truck pulling a pole-trailer, trailer combination, carrying two distinct and separate loads, as if it was a truck-tractor pulling a set of double trailers. Measurement for the log truck, pole-trailer, trailer combination will be from the front of the first bunk on the truck to the rear of the second trailer, or load, whichever provides the greatest distance up to sixty-eight feet.

     (d) An overheight permit may be issued to a vehicle or vehicle combination, hauling empty apple bins, not to exceed fifteen feet high. Measurement is taken from a level roadbed. This permit may be used in conjunction with either of the overlength permits in (a) or (b) of this subsection. The permit may also provide an exemption from a front pilot/escort vehicle as required by WAC 468-38-100 (1)(h). The exemption does not limit the liability assumed by the permit applicant.

     (e) An overheight permit may be issued to a vehicle or vehicle combination owned by a rancher and used to haul his own hay from his own fields to feed his own livestock, not to exceed fifteen feet high, measured from a level roadbed. This permit may be used in conjunction with either of the overlength permits in (a) or (b) of this subsection. The permit may also provide an exemption from a front pilot/escort vehicle as required by WAC 468-38-100 (1)(h). The exemption does not limit the liability assumed by the permit applicant.

     (3) Are there any measurement exclusive devices related to these permits? Measurements should not include nonload-carrying devices designed for the safe and/or efficient operation of the vehicle, or vehicle combination components, for example: An external refrigeration unit, a resilient bumper, an aerodynamic shell, etc. Safety and efficiency appurtenances, such as, but not limited to, tarp rails and splash suppression devices, may not extend more than three inches beyond the width of a vehicle. The examples are not all inclusive.

     (4) Are overweight permits available for divisible loads? The secretary of transportation, or designee, may issue permits to department vehicles used for the emergent preservation of public safety and/or the infrastructure (i.e., snow removal, sanding highways during emergency winter conditions, emergent debris removal or retainment, etc.). The permits will also be valid for the vehicles in transit to or from the emergent work site. The special permits may allow:

     (a) Weight on axles in excess of what is allowed in RCW 46.44.041;

     (b) Movement during hours of the day, or days of the week, that may be restricted in WAC 468-38-175;

     (c) Exemption from the sign requirements of WAC 468-38-155(7) if weather conditions render such signs ineffectual; and

     (d) Movement at night, that may be restricted by WAC 468-38-175(3), by vehicles with lights that meet the standards for emergency maintenance vehicles established by the commission on equipment.

[Statutory Authority: RCW 46.44.090. 98-21-019 (Order 183), § 468-38-071, filed 10/13/98, effective 11/13/98; 96-23-003, § 468-38-071, filed 11/7/96, effective 12/8/96.]

     The aforementioned vehicles, when in compliance with WAC 204-24-050 Use of tire chains or other traction devices, are also exempt from that portion of the winter road restrictions (WAC 468-38-390) prohibiting movement in areas where the following sign is displayed: "TRACTION ADVISORY/OVERSIZED VEHICLES PROHIBITED.")) (1) What special permit requirements/restrictions are exempted for an authorized overlength vehicle and/or load? The following exemptions for authorized overlength vehicles and/or loads include:

     (a) The requirement to display "OVERSIZE LOAD" signs (WAC 468-38-155(7));

     (b) The requirement to cease operation on routes governed by commuter hour restrictions, and during holiday travel restrictions (WAC 468-38-175 (1) and (2));

     (c) The requirement that approved night movement be stated on the special permit (WAC 468-38-175(3)); and

     (d) The restriction for movement during winter road conditions when the following sign is displayed: "TRACTION ADVISORY/OVERSIZED VEHICLES PROHIBITED" (WAC 468-38-095(8)). In addition to being an authorized vehicle, the vehicle must also comply with WAC 204-24-050 Use of tire chains or other traction devices.

     (2) What overlength vehicles and/or loads are authorized to receive the exemptions? The following vehicles and/or loads are exempted from the requirements/restrictions identified in subsection (1) of this section:

     (a) A truck-tractor/semi-trailer combination where the single trailer does not exceed fifty-six feet, including load;

     (b) A truck-tractor/semi-trailer/trailer combination where the combined trailer length does not exceed sixty-eight feet, including load;

     (c) A vehicle or vehicle combination with a front overhang not exceeding four feet beyond the three foot legal limit set in RCW 46.44.034 (see also bumper criteria set in RCW 46.37.517), and/or a rear overhang not exceeding fifteen feet;

     (d) A single unit fixed load vehicle not exceeding an overall length of forty-five feet including the allowable overhangs in (c); and

     (e) A nondivisible load, including the trailer upon which it is carried, not exceeding sixty-one feet.

     (3) Are there exemptions for permitted vehicles exceeding legal height or width? Yes. A vehicle or vehicle combination that does not exceed a defined envelope of twelve feet wide, fourteen feet six inches high and an overall combined length of one hundred feet is exempt from the restriction on movement at night, as referenced in subsection (1)(c) of this section.

     (4) Are there exemptions for vehicles operating with an overweight special permit? Yes. A vehicle or vehicle combination operating on a special permit for overweight only, in compliance with all legal dimension limits, is exempt from all of the requirements/restrictions included in subsection (1)(a) through (d) of this section: Provided, That the vehicle or vehicle combination can maintain posted speed limits. This exemption may be used in conjunction with the height and width exemption in subsection (3) of this section.

[Statutory Authority: RCW 46.44.090. 02-06-106, § 468-38-075, filed 3/5/02, effective 4/5/02; 94-07-055 (Order 143), § 468-38-075, filed 3/11/94, effective 3/11/94; 93-21-008 (Order 139), § 468-38-075, filed 10/8/93, effective 11/8/93.]

     (4) This rule shall not supersede or modify any rule in force establishing load limitations on state highway bridges.)) (1) When would the department implement a load restriction? Pursuant to RCW 46.44.080, when the department determines that an emergency road condition exists, a freeze thaw condition for example, and that vehicles with gross tire loadings exceeding acceptable limits will damage the highway or endanger other traffic using the highway, the department shall without delay restrict or close that highway segment temporarily to all vehicles or to a designated class of vehicle.

     (2) How will vehicle operators be notified of the restrictions? Signs will be erected at each end of the closed/restricted highway segment, and at all intersecting state highways. Depending upon conditions, one of the following signs will be in use:

     (a)

EMERGENCY LOAD RESTRICTIONS
CONVENTIONAL TIRES		TUBELESS OR SPECIAL WITH .5 MARKING
Tire Size	Gross Load Each Tire	Tire Size	Gross Load Each Tire
7.00	1800 lbs.	8-22.5	2250 lbs.
7.50	2250 lbs.	9-22.5	2800 lbs.
8.25	2800 lbs.	10-22.5	3400 lbs.
9.00	3400 lbs.	11-22.5	4000 lbs.
10.00	4000 lbs.	11-24.5	4000 lbs.
11.00	4500 lbs.	12-22.5	4500 lbs.
12.00		12-24.5
& over	4500 lbs.	& over	4500 lbs.

     (b)

SEVERE EMERGENCY LOAD RESTRICTIONS
CONVENTIONAL TIRES		TUBELESS OR SPECIAL WITH .5 MARKING
Tire Size	Gross Load Each Tire	Tire Size	Gross Load Each Tire
7.00	1800 lbs.	8-22.5	1800 lbs.
7.50	1800 lbs.	9-22.5	1900 lbs.
8.25	1900 lbs.	10-22.5	2250 lbs.
9.00	2250 lbs.	11-22.5	2750 lbs.
10.00	2750 lbs.	11-24.5	2750 lbs.
11.00		12-22.5
& over	3000 lbs.	& over	3000 lbs.

Note:

The department recommends that carriers check the department's website www.wsdot.wa.gov/freight/mcs for possible advance warning on road restrictions.

     (3) Are the tires identified in the aforementioned table the only tires authorized for use under permit when the signs in subsection (2) of this section are posted? During periods when "emergency load restrictions" or "severe emergency load restrictions" are in effect, only vehicles equipped with tires required by the table in subsection (2) of this section may operate under permit.

     (4) Will there be an allowance for any second axle that is suspended from the frame of a vehicle independent of the regular drive axle, commonly known as a "rigid trail axle"? No.

     (5) Will there be an allowance for more than two tires on the steering, or front, axle? No.

     (6) What restrictions are there on axle load distributions? The load distribution on any axle must not load the tires on that axle in excess of the prescribed load listed in subsection (2) of this section: Provided, That a truck, truck-tractor, passenger bus or school bus having conventional 10:00 x 20 tires or 11:00 x 22.5 tires, or larger, may carry a maximum load of ten thousand pounds on the front axle over any highway placed under emergency load restrictions.

     (7) Is there a permitting process to allow necessary vehicles to use the restricted highway segment? Permits may be issued by the department to allow the operation of school buses and vehicles transporting perishable commodities or commodities necessary for the health and welfare of local residents. These vehicles will be subject to specific weight and speed restrictions, as directed by the department.

     (8) Will a temporary additional tonnage permit supersede the restrictions? Operators of vehicles that have been issued a temporary additional tonnage permit must comply with the posted restriction and related rules.

     (9) Can this rule supersede or modify any rule in force that has established a lower load limitation on a state highway bridge? No.

[Statutory Authority: RCW 46.44.090. 82-18-010 (Order 31, Resolution No. 156), § 468-38-080, filed 8/20/82. Formerly WAC 468-38-130. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-080, filed 12/20/78. Formerly WAC 252-24-090.]

     (2) Under what conditions would a road restriction be put in place? A restriction or closure may be put in place whenever the department or the state patrol believe that weather or other conditions have created a substantial risk to public safety.

     (3) How are the restrictions maintained? The department and the state patrol shall exchange notices of conditions that require a restriction(s) or closure to be placed on the highway, and notices when conditions change that will allow the restriction to be terminated. Either the department or the state patrol, whichever agency can best respond to the condition, shall manually control traffic as needed until the restriction is terminated or until the department can install traffic control devices.

     (4) How will the notification of a restriction be communicated to the highway users? The department and the state patrol have a joint responsibility to provide notice of both the placement and removal of highway restrictions/closures. Notices shall be provided to the news media, affected law enforcement agencies, and other appropriate organizations, both public and private. For areas requiring vehicles to apply tire chains, see subsection (8) of this section.

     (5) At what point does visibility play a factor in the movement of a vehicle operating under special permit? Moves must not be made when visibility is reduced to one thousand feet or less. If visibility is reduced during transport, the vehicle or vehicle combination must clear the highway at the nearest safe location.

     (6) Can an individual move under special permit be restricted through enforcement intervention? Yes. An enforcement officer, at his/her discretion, may require the driver of the permitted vehicle or vehicle combination to pull off of the highway when weather or other conditions become unsafe for further movement. The enforcement officer may direct or escort the permitted vehicle to a place of safety where it may be parked until the unsafe conditions abate.

     (7) Do vehicles carrying hazardous or radioactive cargo have greater opportunity of being affected by restrictions? Yes. Due to the potential risks to the public, RCW 47.01.270 and 47.48.050 have provided the department and the state patrol with the specific authority to close a section(s) of the highway(s) to transporters of placarded radioactive or hazardous cargo. The basis for closure is the same as stated in subsection (2) of this section.

     (8) Who has authority to prohibit permitted vehicles from chain/approved traction device control areas, and how is this communicated? The department and the state patrol may prohibit a vehicle, whether moving under special permit for oversize/overweight or not, from entering chain/approved traction device control areas. Prohibitions are put in place when it is determined the vehicle will experience difficulty in safely traveling the area. Traffic control signs will generally communicate prohibitions (i.e., "TRACTION ADVISORY/OVERSIZED VEHICLES PROHIBITED," "CHAINS REQUIRED ON ALL VEHICLES EXCEPT ALL WHEEL DRIVE," "VEHICLES OVER 10,000 GVWR CHAINS REQUIRED," etc.). In addition, specific vehicle combinations may be required to operate with specified traction devices (i.e., "TRACTORS PULLING DOUBLE TRAILERS MUST CHAIN UP"). Also, refer to WAC 204-24-050 (2)(h) for a list of areas where sufficient tire chains must be carried on the vehicle(s) between November 1 and April 1 of each year.

     (9) What penalties are in place for vehicles moving in prohibited areas? Movement into a restricted area when the vehicle is prohibited, or without the specified traction device, is a violation of the special permit, which is a traffic infraction, and subject to the penalties of RCW 46.44.105.

     (10) What responsibilities must the operator of a vehicle(s) operating under special permit, during winter road conditions, assume when signs or other traffic control devices are not present? A vehicle, or vehicle combination, operating under special permit for oversize, must stop movement at the nearest safe location during periods when:

     (a) Snow is falling to a degree that visibility is limited to less than one thousand feet; or

     (b) Immediately following a severe storm when snow removal equipment is operating; or

     (c) When fog or rain limits visibility to less than one thousand feet; or

     (d) When compact snow and ice conditions require the use of chains.

     Movement must not resume until conditions have abated and clearance obtained from the nearest department or state patrol office. Failure to stop is a violation of the permit and subject to the penalties of RCW 46.44.105.

[]

     (6) When in the opinion of the department of transportation, escort cars are necessary to protect the traveling public, for any overdimension and/or overweight move either across, upon, or along a highway.)) (1) When is a pilot/escort vehicle(s) required to accompany an extra-legal vehicle or load? A pilot/escort vehicle(s) must accompany an extra-legal load when:

     (a) The vehicle(s) or load is over eleven feet wide. Two pilot/escort vehicles are required on two lane roads, one in front and one in back.

     (b) The vehicle(s) or load is over fourteen feet wide. One escort vehicle is required at the rear of the movement on multilane highways.

     (c) The vehicle(s) or load is over twenty feet wide. Two pilot/escort vehicles are required on multilane undivided highways, one in front and one in back.

     (d) The trailer length, including load, of a tractor/trailer combination exceeds one hundred five feet, or when the rear overhang of a load measured from the center of the rear axle exceeds one-third of the trailer length plus load of a tractor/trailer combination. One pilot/escort vehicle is required at the rear of the movement on two-lane highways.

     (e) The trailer length, including load, of a tractor/trailer combination exceeds one hundred twenty-five feet. One pilot/escort vehicle is required at the rear of the movement on multilane highways.

     (f) The front overhang of a load measured from the center of the front steer axle exceeds twenty feet. One pilot/escort vehicle is required at the front on all two-lane highways.

     (g) The rear overhang of a load measured from the center of the rear axle exceeds one-third the total length of a single unit vehicle with load. One pilot/escort vehicle is required at the rear of the movement on two-lane highways.

     (h) The height of the vehicle(s) or load exceeds fourteen feet six inches. One pilot/escort vehicle with height measuring device (pole) is required at the front of the movement on all state highways and roads.

     (i) The operator, using rearview mirrors, cannot see two hundred feet to the rear of the vehicle or vehicle combination.

     (j) In the opinion of the department, a pilot/escort vehicle(s) is necessary to protect the traveling public. Assignments of this nature must be authorized through the department's administrator for commercial vehicle services.

     (2) Can a pilot/escort vehicle be temporarily reassigned a position relative to the load during a move? When road conditions dictate that the use of the pilot/escort vehicle in another position would be more effective, the pilot/escort vehicle may be temporarily reassigned. For example: A pilot/escort vehicle is assigned to the rear of an overlength load on a two-lane highway. The load is about to enter a highway segment that has curves significant enough to cause the vehicle and/or load to encroach on the oncoming lane of traffic. The pilot/escort vehicle may be temporarily reassigned to the front to warn oncoming traffic.

     (3) Can a certified flag person ever substitute for a pilot/escort vehicle? In subsection (1)(d) and (e) of this section, the special permit may authorize a riding flag person, in lieu of a pilot/escort vehicle, to provide adequate traffic control for the configuration.

     (4) Must an operator of a pilot/escort vehicle be certified to operate in the state of Washington? Yes. To help assure compliance with the rules of this chapter, consistent basic operating procedures are needed for pilot/escort vehicle operators to properly interact with the escorted vehicle and the surrounding traffic. Operators of pilot/escort vehicles, therefore, must be certified as having received department-approved base level training as a pilot/escort vehicle operator. A pilot/escort vehicle operator with a Washington state driver's license must have a valid Washington state pilot/escort vehicle operator certificate/card which must be on the operator's person while performing escort vehicle operator duties. Escort vehicle operators with a driver's license from a jurisdiction other than Washington state may acquire a Washington state escort vehicle operator certificate/card, or operate with a certification from another jurisdiction approved by the department, subject to the periodic review of the issuing jurisdiction's certification program. A current list of approved programs will be maintained by the department's commercial vehicle services office. Washington state pilot/escort vehicle operator cards must be renewed every three years.

     (5) What are the pretrip procedures that must be followed by the operator of a pilot/escort vehicle?

     (a) Discuss with the operator of the extra-legal vehicle the aspects of the move including, but not limited to, the vehicle configuration, the route, and the responsibilities that will be assigned or shared.

     (b) Prerun the route, if necessary, to verify acceptable clearances.

     (c) Review the special permit conditions with the operator of the extra-legal vehicle.

     (d) Determine proper position of required pilot/escort vehicles and set procedures to be used among the operators.

     (e) Assure availability of additional certified flag persons if stated as a condition of the oversize/overweight special permit.

     (f) Check mandatory equipment, provided in subsections (9) and (10) of this section. Each operator is responsible for his or her own vehicle.

     (g) Check two-way communication system to ensure clear communications and predetermine the channel to be used.

     (h) Adjust mirrors, mount signs and turn on lights, provided in subsections (8)(e) and (9)(a) and (b) of this section.

     (6) What are the responsibilities of the operator of a pilot/escort vehicle when assigned to be in front of the extra-legal movement? The operator shall:

     (a) Provide general warning to oncoming traffic of the presence of the permitted vehicle by use of signs and lights, provided in subsection (9) of this section;

     (b) Notify the operator of the extra-legal vehicle, and the operator(s) of any trailing pilot/escort vehicle(s), about any condition that could affect either the safe movement of the extra-legal vehicle or the safety of the traveling public, in sufficient time for the operator of the extra-legal vehicle to take corrective action. Conditions requiring communication include, but are not limited to, road-surface hazards; overhead clearances; obstructions; traffic congestion; pedestrians; etc.;

     (c) Provide guidance to the extra-legal vehicle through lane changes, egress from one designated route and access to the next designated route on the approved route itinerary, and around any obstacle;

     (d) In the event of traffic buildup behind the extra-legal vehicle, locate a safe place adjacent to the highway where the extra-legal vehicle can make a temporary stop. Notify the operator of the extra-legal vehicle, and the operator(s) of any trailing pilot/escort vehicle(s), in sufficient time for the extra-legal vehicle to move out of the traffic flow into the safe place, allowing the following traffic to pass safely;

     (e) In accordance with training, be far enough in front of the extra-legal vehicle to signal oncoming traffic to stop in a safe and timely manner before entering any narrow structure or otherwise restricted highway where an extra-legal vehicle has entered and must clear before oncoming traffic can enter;

     (f) In accordance with training, do not be any farther ahead of the extra-legal vehicle than is reasonably prudent, considering speed of the extra-legal vehicle, other traffic, and highway conditions. Do not exceed one-half mile distance between pilot/escort vehicle and extra-legal vehicle in order to maintain radio communication, except when necessary to safely travel a long narrow section of highway; and

     (g) Assist in guidance to a safe place, and/or traffic control, in instances when the extra-legal vehicle becomes disabled.

     (7) What are the responsibilities of the operator of a pilot/escort vehicle when assigned to be at the rear of the extra-legal movement? The operator shall:

     (a) Provide general warning to traffic approaching from the rear of the extra-legal vehicle ahead by use of signs and lights, provided in subsection (9) of this section;

     (b) Notify the operator of the extra-legal vehicle, and the operator(s) of any leading pilot/escort vehicle(s), about any condition that could affect either the safe movement of the extra-legal vehicle or the safety of the traveling public, in sufficient time for the operator of the extra-legal vehicle to take corrective action. Conditions requiring communication include, but are not limited to, objects coming loose from the extra-legal vehicle; flat tires on the extra-legal vehicle; rapidly approaching traffic or vehicles attempting to pass the extra-legal vehicle; etc.;

     (c) Notify the operator of the extra-legal vehicle, and/or the operator of the lead pilot/escort vehicle, about traffic buildup or other delays to normal traffic flow resulting from the extra-legal move;

     (d) In the event of traffic buildup behind the extra-legal vehicle, notify the operator of the extra-legal vehicle, and the operator(s) of any pilot/escort vehicle(s) in the lead, and assist the extra-legal vehicle in its move out of the traffic flow into the safe place, allowing the following traffic to pass safely;

     (e) In accordance with training, be far enough behind the extra-legal vehicle to provide visual warning to approaching traffic to slow or stop in a timely manner, depending upon the action to be taken by the extra-legal vehicle, or the condition of the highway segment (i.e., limited sight distance, mountainous terrain, narrow corridor, etc.);

     (f) Do not follow more closely than is reasonably prudent, considering the speed of the extra-legal vehicle, other traffic, and highway conditions. Do not exceed one-half mile distance between the pilot/escort vehicle and the extra-legal vehicle in order to maintain radio communication, except when necessary to safely travel a long narrow section of highway; and

     (g) Assist in guidance to a safe place, and/or traffic control, in instances when the extra-legal vehicle becomes disabled.

     (8) What kind of vehicle can be used as a pilot/escort vehicle? In addition to being in safe and reliable operating condition, the vehicle shall:

     (a) Be either a single unit passenger car, including passenger van, or a two-axle truck;

     (b) Not exceed a maximum gross vehicle weight rating of fourteen thousand pounds;

     (c) Have a body width of at least sixty inches but no greater than one hundred two inches;

     (d) Not exceed the legal limits of size and weight, as defined in chapter 46.44 RCW; and

     (e) Be equipped with outside rear-view mirrors, located on each side of the vehicle.

     (9) In addition to equipment required by traffic law, what additional equipment is required on the vehicle when operating as a pilot/escort, and when is it used?

     (a) A minimum of two flashing or rotating amber (yellow) lights, positioned above the roof line, visible from a minimum of five hundred feet to approaching traffic from the front or rear of the vehicle. Light bars, with appropriately colored lights, meeting the visibility minimums are acceptable. Lights must only be activated while escorting an extra-legal vehicle, or when used as traffic warning devices while stopped at the side of the road taking height measurements during the prerunning of a planned route. The vehicle's headlights must also be activated while escorting an extra-legal vehicle.

     (b) A sign reading "OVERSIZE LOAD," measuring at least five feet wide, ten inches high with black lettering at least eight inches high in a one-inch brush stroke on yellow background. The sign shall be mounted over the roof of the vehicle and shall be displayed only while performing as the pilot/escort of an extra-legal load. When the vehicle is not performing as a pilot/escort, the sign must be removed, retracted or otherwise covered.

     (c) A two-way radio communications system capable of providing reliable two-way voice communications, at all times, between the operators of the pilot/escort vehicle(s) and the extra-legal vehicle(s).

     (10) What additional or specialized equipment must be carried in a pilot/escort vehicle?

     (a) A standard eighteen-inch STOP AND SLOW paddle sign.

     (b) Three bi-directional emergency reflective triangles.

     (c) A minimum of one five-pound B, C fire extinguisher, or equivalent.

     (d) A high visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999, American National Standard for High Visibility Safety Apparel, to be worn when performing pilot/escort duties outside of the vehicle. The acceptable high visibility colors are fluorescent yellow-green, fluorescent orange-red or fluorescent red.

     (e) A highly visible colored hard hat, also to be worn when performing pilot/escort duties outside of the vehicle, per WAC 296-155-305.

     (f) A height-measuring device (pole), which is nonconductive and nondestructive to overhead clearances, when required by the terms of the special permit. The pole may be carried outside of the vehicle when not in use. See also subsection (14) of this section.

     (g) First-aid supplies as prescribed in WAC 296-800-15020.

     (h) A flashlight in good working order with red nose cone. Additional batteries should also be on hand.

     (11) Can the pilot/escort vehicle carry passengers? A pilot/escort vehicle may not contain passengers, human or animal, except for a certified individual in training status or necessary flag person.

     (12) Can the pilot/escort vehicle carry any other items, equipment, or load? Yes, as long as the items, equipment or load have been properly secured: Provided, no equipment or load may be carried in or on the pilot/escort vehicle that:

     (a) Exceeds the height, length, or width of the pilot/escort vehicle, or overhangs the vehicle, or otherwise impairs its immediate recognition as a pilot/escort vehicle by the traveling public;

     (b) Obstructs the view of the flashing or rotating amber lights, or "OVERSIZE LOAD" sign on the vehicle;

     (c) Causes safety risks; or

     (d) Otherwise impairs the performance by the operator or the pilot/escort vehicle of the duties required by these rules.

     (13) Can a pilot/escort vehicle escort more than one extra-legal load at the same time? No, unless the department determines there are special circumstances that have resulted in an express authorization on the special permit.

     (14) When and how must a pilot/escort vehicle use a height-measuring device? The height-measuring device (pole) must be used when escorting an extra-legal load in excess of fourteen feet six inches high, unless an alternative authorization has been granted by the department and stated on the special permit, or in rule. The height pole must extend between three and six inches above the maximum height of the extra-legal vehicle, or load, to compensate for the affect of wind and motion. When not in the act of escorting an extra-legal move, or prerunning a route to determine height acceptance, the height pole shall be removed, tied down or otherwise reduced to legal height.

     (15) Do the rules change when a uniformed off-duty law enforcement officer, using official police car or motorcycle, performs the escorting function? While the spirit of the rules remain the same, specific rules may be modified to fit the situation.

[Statutory Authority: RCW 46.44.090. 89-23-110 (Order 68), § 468-38-100, filed 11/22/89, effective 12/23/89; 82-18-010 (Order 31, Resolution No. 156), § 468-38-100, filed 8/20/82. Formerly WAC 468-38-180. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-100, filed 12/20/78. Formerly WAC 252-24-100.]

     (d) Decals must not be transferred.)) How many vehicles can be combined in the move of a manufactured home? The vehicle combination is limited to two vehicles, a towing unit, sometimes referred to as a "toter," and the semi-trailer designed housing unit.

     (2) What are the dimensional limits of the combination? While the overall combination is not limited by dimension, the following limits are established:

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

     (b) 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 a box width less than sixteen feet wide; or

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

     (c) 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.

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

     (3) What are the criteria for receiving an annual/monthly special permit versus a single trip special permit?

     (a) Annual/monthly permits are issued only to dealers or manufacturers described in chapter 46.70 RCW or licensed transporters described in chapter 46.76 RCW. Use of the annual/monthly permit is restricted to the movement of housing units with a box width not exceeding fourteen feet wide, plus an eave not to exceed twelve inches, and a height not to exceed fifteen feet measured from level ground when in transit mode.

     (b) Single trip permits are required when the permit applicant is not a qualified dealer or transporter as described in (a) of this subsection, or when the width of the housing unit box exceeds fourteen feet wide, the overall width exceeds fifteen feet wide, and/or the height exceeds fifteen feet measured from level ground when in transit mode. Housing units that exceed sixteen feet wide and/or sixteen feet high must also comply with the requirements of WAC 468-38-405 Superloads, prior to the issuance of a special permit.

     (4) When is it necessary to include a pilot/escort vehicle(s) in the movement of a manufactured house? The requirements for a pilot/escort vehicle escorting a manufactured home are the same as those found in WAC 468-38-100, except that the use of a height measuring device (pole) on the front pilot/escort vehicle is not required until the overall height of the housing unit exceeds fifteen feet. The vehicle or load width referenced in WAC 468-38-100 is to be interpreted as overall width when measuring a manufactured home.

     (5) What are the insurance requirements, and what special reporting responsibilities does the transporter have in case of an accident?

     (a) Insurance requirements for the movement of a manufactured home are outlined in RCW 46.44.180.

     (b) When an incident occurs while transporting a manufactured house under special permit, the transporter must immediately notify the nearest state patrol office if the damage to the manufactured home is greater than two hundred fifty dollars or if the damage to other vehicles or structures exceeds one hundred dollars. The transport of the home must not resume without permission from the state patrol.

     (6) What requirements must a manufactured home meet for axles, brakes, tires and other suspension components before it can be transported?

     (a) Axles on each housing unit in transport must be in sufficient number to support enough tires to comply with (c)(i) and (ii) of this subsection. Any housing unit exceeding fourteen feet wide must have a minimum of four axles.

     (b) Brakes must be designed and installed to activate if the housing 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. Pre-June 15, 1976, housing units must comply with following table:

Width of Unit at Base	Number of Axles Required	Wheels w/ Brakes
> 8' 6" but < 10'	2 or more	All wheels on 2 axles (a towing unit w/minimum. 9,000 GVWR all wheels on 1 axle)
10' to 14' (under 60' in length)	2 or more (3 or more if > 60' long)	All wheels on 2 axles (tires w/minimum 8:00 x 14.5, 10 ply)

     (c) Tire loadings are dependent on when the housing unit was manufactured and must comply as follows:

     (i) Tire loadings on housing units manufactured after January 1, 2002, (labeled pursuant to Code of Federal Regulation, 24 CFR 3282.362 (c)(2)(i)) may not exceed the manufacturer's rating as marked on the sidewall. In the absence of a sidewall marking, the tires on the housing unit must comply with 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)). Housing units with no verifiable date of manufacture must also not exceed the manufacturer's tire load rating.

     (ii) Tire loadings on housing units manufactured before January 1, 2002, (labeled pursuant to 24 CFR 3282.362 (c)(2)(i)) must not exceed more than eighteen percent above the manufacturer's rating as marked on the sidewall. In the absence of a sidewall marking, the tires on the housing unit must not exceed eighteen percent above 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)). Housing units transported on tires overloaded by nine percent or more must not be moved at speeds exceeding fifty miles per hour (eighty kilometers per hour).

     (d) Tow spare tires, inflated and ready for use, must be carried during transport.

     (e) The manufacturer's rating must not be exceeded for any wheel, axle, drawbar, hitch, or other suspension device.

     (7) Does a tow vehicle (toter) have any special requirements? Yes. The tow vehicle must:

     (a) Be equipped with dual wheels on the drive axle.

     (b) Have a combined minimum gross axle weight rating, assigned by the manufacturer, of thirty-two thousand pounds, if the housing unit being transported exceeds fourteen feet wide.

     (c) Have sufficient engine horsepower to maintain towing speeds of forty-five miles per hour on the interstate and thirty-five miles per hour on other highways.

     (8) What unique travel requirements must be complied with? Requirements for signs, lights, unit covering, routes, speed, moving multiple units at the same time and lane of travel are as follows:

     (a) Signs for the towing unit and housing unit must comply with WAC 468-38-155(7). The sign for the housing unit 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 in 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 on the rear of the housing unit, on a horizontal plane, at least ten feet above the road surface. An additional two lights, of the same specifications, must be mounted above the roofline of the towing vehicle, either on the towing vehicle roof or the front of the housing unit. The two lights at each location, front and rear, must be located as close to the outside extremities of the housing unit as practical.

     (c) Coverings of open sides may be with a rigid material such as plywood or hardboard, or a sufficiently strong ply plastic. When plastic is used, a grillwork of lumber or similar material must be applied to prevent tears and/or billowing of the material.

     (d) Routes of travel with restrictions must be strictly adhered to. Housing units in transport mode that exceed sixteen feet high or sixteen feet wide must be approved for travel on a case-by-case basis, as per WAC 468-38-405, Superloads. 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.

     (e) Speed of the in-transit housing unit is governed by WAC 468-38-175(5).

     (f) Multiple housing units moving together must comply with WAC 468-38-175(6), Moves in convoy.

     (g) The right-hand lane must be used for travel, except when passing or avoiding an obstruction. On two-lane highways, housing units must not pass other vehicles except when required to pass a slow moving vehicle that is hindering safe traffic flow.

     (9) Is a decal from the county treasurer required before a manufactured home can be transported? Yes, except as provided for in RCW 46.44.170 (2)(a) and (b), a decal issued by the county treasurer must be displayed on the rear of the manufactured home during transport on public highways of this state. If the manufactured home is being transported as multiple units (double-wide or more), an individual decal must be displayed on each unit being transported.

     (10) How is the county treasurer decal issued? The decal is issued at the same time the county treasurer issues the tax certificate that shows all taxes have been paid to date.

     (11) RCW 46.44.170 requires the department to design the decal for uniform implementation. What are the design specifications? The decal must:

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

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

     (c) Be fluorescent orange in color.

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

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

     (12) Can decals be transferred to other housing units? Under no circumstance can the decal be transferred.

[Statutory Authority: RCW 46.44.090 and 46.44.170. 02-17-004, § 468-38-120, filed 8/8/02, effective 9/8/02. 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.]