WSR 05-12-048



[ Filed May 26, 2005, 8:57 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-08-115.

Title of Rule and Other Identifying Information: Chapter 240-41 WAC, Seat belt exemptions.

Hearing Location(s): General Administration Building, Commercial Vehicle Division Conference Room, 210 11th Avenue S.W., Olympia, WA 98504, on Wednesday, July 13, 2005, at 9:00 a.m.

Date of Intended Adoption: August 2, 2005.

Submit Written Comments to: Ms. Christine Fox, Equipment and Standards Review Unit, P.O. Box 42614, Olympia, WA 98504-2614, e-mail, fax (360) 586-8233, by July 5, 2005.

Assistance for Persons with Disabilities: Contact Ms. Christine Fox by July 5, 2005, (360) 753-3697.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington State Patrol Office of Government and Media Relations was contacted by a senator requesting a seat belt exemption for individuals driving delivery vehicles. The constituent who contacted the senator requested an exemption similar to what is currently granted to rural mail carriers, rural newspaper delivery carriers, utility meter readers, and refuse/recycling collectors. The proposed language outlines specifically when a commercially-recognized delivery vehicle operator may be exempt from wearing a seat belt system.

Statutory Authority for Adoption: RCW 46.64.688(2).

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

Name of Proponent: , governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ms. Christine Fox, General Administration Building, P.O. Box 42614, Olympia, WA 98504-2614, (360) 753-3697.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed addition was initiated by a senator who was contacted by a constituent requesting a seat belt exemption for delivery truck drivers.

A cost-benefit analysis is not required under RCW 34.05.328. There will be no costs to the industry if the proposed addition is adopted as it will not require any retrofitting of or additional equipment. The WAC is not mandatory it is optional for drivers of commercially recognized delivery vehicles, fitting all specifications outlined, and having employers who support the WAC.

May 25, 2005

John R. Batiste



WAC 204-41-080   Commercially recognized delivery vehicles.   Operators of commercially recognized delivery vehicles making frequent stops when traveling wholly within the limits of a town of less than ten thousand population, traveling less than one mile between stops on roads with a posted speed limit not greater than thirty-five miles per hour, while actually on a designated delivery route are not required to wear a seat belt system. Seat belt use is required when traveling to and from the designated route.


Washington State Code Reviser's Office