PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 09-12-026.
Title of Rule and Other Identifying Information: Chapter 204-93 WAC, Assistance vans.
Hearing Location(s): General Administration Building Auditorium, 210 11th Avenue, Olympia, WA 98504, on August 25, 2009, at 9:30 a.m.
Date of Intended Adoption: August 26, 2009.
Submit Written Comments to: Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504-2600, e-mail melissa.vangorkom@wsp.wa.gov, fax (360) 596-4015, by August 25, 2009.
Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by August 24, 2009, (360) 596-4017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updating current language for clarification to include the addition of definitions. The language changes will also include new standards for background checks and restrictions on signs, shield markings, accessories and insignia used on uniforms, clothing or equipment which may imply that the operator is a law enforcement officer. In addition, the application process will be updated to include a requirement for authorization by local jurisdictions prior to the issuance of a permit.
Reasons Supporting Proposal: Provides clarification and additional standards that will increase safety.
Statutory Authority for Adoption: RCW 46.37.005, 46.37.194, and 46.52.120.
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: Melissa Van Gorkom, General Administration Building, P.O. Box 42600, Olympia, WA 98504-2600, (360) 596-4017.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
The purpose of this chapter is to provide minimum standards and operating regulations for assistance vans.
The proposed amendments to this chapter include:
| • | Updating current language for clarification to include the addition of definitions. |
| • | Update to background check process to include new standards and a fee for processing as outlined in RCW 46.37.194. |
| • | New restrictions on signs, shield markings, accessories and insignia on uniforms, clothing or equipment which may imply that the operator is a law enforcement officer. |
| • | Updates to the application process to include a requirement for authorization by local jurisdictions prior to the issuance of a permit or letter of appointment. |
| • | Adds a new section to outline the revocation and suspension of permits or letter of appointments. |
The ESR unit has analyzed the proposed rule amendments and has determined that small businesses may be impacted by these changes, with some costs that may [be] considered "more than minor" and disproportionate to some small businesses that may apply for an assistance van application.
EVALUATION OF PROBABLE COSTS AND PROBABLE BENEFITS: Since the proposed amendments "make significant amendments to a policy or regulatory program" under RCW 34.05.328 (5)(c)(iii), ESR has determined the proposed rules to be "significant" as defined by the legislature.
As required by RCW 34.05.328 (1)(d), ESR has analyzed the probable costs and probable benefits of the proposed amendments, taking into account both the qualitative and quantitative benefits and costs.
COST OF COMPLIANCE: To consider costs of compliance, ESR has elected to look at cost per application. This is because each applicant will be required to submit fingerprint cards for all drivers/operators of the vehicles in accordance with RCW 46.37.194. Some applicants may be considered small businesses.
Cost of Outcomes Evaluations: The major cost anticipated by small businesses for proposed rule changes is the update to the background check process to require that the applicant submit the fees necessary for processing fingerprint cards in accordance with RCW 46.37.194 (WAC 204-93-040). The language that allowed for free processing of a background investigation has been removed so that the agency can receive funds for the processing of the background checks in accordance with changes made to RCW 46.37.194 in 2006.
The background check is a one time requirement, with a current cost of $49.25 per person. On July 1, 2009, the cost will be reduced to $45.25 per person. The results received from the background check are used to determine whether or not the driver may operate an assistance van under the application. Drivers that will not be approved are individuals who have been convicted of:
| • | A felony during the last ten years. |
| • | A Class A felony or any "sex offense" as defined in RCW 9.94A.030. |
| • | A DUI as defined in chapter 46.61 RCW, or similar offense regardless of state of conviction. |
| • | Reckless driving or a hit-and-run collision within the last seven years. |
| • | A gross misdemeanor within the last five years. |
| • | A misdemeanor within the last year, or |
| • | Must register as a sex offender. |
Summation - Disproportionate Impact and Mitigation: When there are more than minor costs to small businesses as a result of proposed rule changes, the Regulatory Fairness Act requires an analysis to be done comparing these expenses between small businesses and 10% of the largest businesses.
ESR looked at the possible disproportionate impact of this requirement on small businesses, as compared to 10% of the largest businesses. However, since there are no businesses that currently hold an assistance van application, and no known interested businesses, it is not possible to accurately delineate and compare costs between small businesses and 10% of the largest agencies.
ESR also looked at ways that the cost to small businesses could be mitigated. After careful review, it was determined that the agency could not provide any mitigating expenses for a small business as the cost of fingerprint cards is set through a state and federal process, and the requirement for a background check is necessary to ensure the safety of the motoring public that the driver/operator of the assistance van may come in contact with.
Summary of Benefits: The benefit for the proposed rule changes is to increase the scrutiny provided to the driver/operators of an assistance van in order to increase the safety of the citizens that these drivers/operators may come in contact with on the public roadways in the state of Washington.
JOBS CREATED OR LOST: This regulation is not a requirement for small businesses, it is an optional service that a small business can choose to provide if it chooses to apply and follow the guidelines outlined in chapter 204-93 WAC. Therefore, it is not anticipated that the requirements set forth in the current proposal will cause jobs to be lost as a result of small businesses complying with these rules.
CONCLUSION: ESR has given careful consideration to the impact on small businesses of proposed rules in chapter 204-93 WAC, Assistance vans. In accordance with the Regulatory Fairness Act, chapter 19.85 RCW, ESR has analyzed impacts on small businesses and outlined the reasons for the costs and why the cost cannot be mitigated.
Please contact Melissa Van Gorkom if you have any questions at (360) 596-4017.
A copy of the statement may be obtained by contacting Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504-2600, online at http://www.wsp.wa.gov/information/cr_status.htm, phone (360) 596-4017, fax (360) 596-4015, e-mail melissa.vangorkom@wsp.wa.gov.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504-2600, online at http://www.wsp.wa.gov/information/cr_status.htm, phone (360) 596-4017, fax (360) 596-4015, e-mail melissa.vangorkom@wsp.wa.gov.
July 21, 2009
John R. Batiste
Chief
OTS-2515.1
AMENDATORY SECTION(Amending WSR 90-18-049, filed 8/30/90,
effective 9/30/90)
WAC 204-93-010
Authority.
This rule is promulgated
pursuant to RCW 47.52.120 ((and)), 46.37.005, and 46.37.194.
[Statutory Authority: RCW 47.52.120. 90-18-049, § 204-93-010, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-010, filed 10/1/85.]
(2) Commander: Means the commanding officer, or their designee, of a Washington state patrol district or division.
(3) ESR: Equipment and standards review section of the Washington state patrol.
(((3) Patrol: Shall mean the Washington state patrol as
defined in RCW 43.43.010.
(4) District commander: Shall mean the commanding officer of a Washington state patrol district.
(5))) (4) Driver: Means any person who drives the van and furnishes the actual service.
(5) Geographic area: Means the city, county, state routes or interstate roads on which the vehicle will be operated under the authorized emergency vehicle permit if approved.
(6) Highway: Means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(7) Inspector: ((Shall mean a commissioned)) Means an
officer of the Washington state patrol who has been designated
by his/her ((district)) commander to conduct inspections of
assistance vans.
(((6))) (8) Operator: Means the person(s) or firm so
named in the letter of appointment, who operates the
assistance van.
(9) Owner: ((Shall)) Means the legal owner of the
assistance van.
(((7) Operator: Shall mean the person(s) or firm so
named in the letter of appointment, who operates the
assistance van.
(8) Driver: Shall mean the person who drives the van and furnishes the actual service.
(9) Highway: Means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(10) Letter of appointment: Shall mean the document issued by the ESR that authorizes the assistance van to operate within this state.)) (10) Patrol: Means the Washington state patrol as defined in RCW 43.43.010.
(11) Permit: Means the document issued by ESR that authorized the assistance van to operate.
(12) Primary jurisdiction: Means lead department who has jurisdiction on the roads that the applicant wishes to use the emergency lighting on.
(13) Political subdivision: Means the individual who has authority over the applicant if the applicant is the chief law enforcement officer or fire chief.
[Statutory Authority: RCW 47.52.120. 90-18-049, § 204-93-030, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-030, filed 10/1/85.]
(2) Driver shall possess a valid)), and the driver must possess a valid:
(a) First-aid card.
(((3) Driver shall possess a valid)) (b) Washington
operator's license.
(((4) Driver shall not have a previous felony conviction
and shall agree to submit to a no fee criminal background
investigation by the patrol by submitting a completed
fingerprint card with the required application.)) (2) The
patrol may refuse to approve the permit or in the case of a
permit which lists multiple operators/drivers may refuse to
approve any single operator/driver if the
applicant/operator/driver:
(a) Has been convicted of a felony during the ten years preceding the date of the application provided the felony for which the applicant was convicted directly relates to the specific occupation, trade, vocation, or business for which the certificate or permit is sought;
(b) Has ever been convicted of any Class A felony or any "sex offense" as defined in RCW 9.94A.030, regardless of the state of conviction;
(c) Has been convicted of DUI as defined in chapter 46.61 RCW, or convicted of a similar offense regardless of the state of conviction, within the last seven years;
(d) Has been convicted of reckless driving, or a hit-and-run, within the last seven years;
(e) Has been convicted of a gross misdemeanor within the last five years;
(f) Has been convicted of any misdemeanor within the last year; or
(g) Must register as a sex offender.
Crimes referenced in this section are as defined in the criminal code as they exist at the time of the violation, as they now exist or may later be amended in the state of Washington. Out-of-state convictions for offenses will be classified according to the comparable offense definitions and sentences provided by Washington law.
[Statutory Authority: RCW 47.52.120. 90-18-049, § 204-93-040, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-040, filed 10/1/85.]
(2) The van ((shall)) must:
(a) Be equipped with adequate front pushbars of a design that protects the finish of any vehicle being pushed.
(((3) The van shall)) (b) Not have towing capabilities.
(((4))) (c) Have the primary sponsor or operator's name,
address, and telephone number ((shall be)) painted on both
sides of the vehicle in a contrasting color. The lettering
((shall)) must be at least 3 inches in height with a 3/4 inch
stroke. Other sponsors may be shown in smaller lettering.
(((5))) (d) Have the words "assistance van" ((shall be))
painted on the front and rear of the van. The size of the
lettering ((shall)) must be the same as the primary sponsor's
or operator's name.
(((6) The van shall)) (e) Have the capability to jump
start another vehicle without going the wrong direction on the
highway.
(((7) The van shall)) (f) Have the ability to transfer
fuel, or carry a minimum of 2.5 gallons of gasoline.
(((8) The van shall)) (g) Be maintained in a clean and
neat manner.
(((9) The van shall)) (h) Be equipped with an approved
light bar that displays amber lighting in a 360° radius. The
amber lights ((shall)) must be used only at the scene of a
disabled vehicle or when a disabled vehicle is being pushed
from the travel lane to the nearest shoulder of the highway.
If the van is used for private purposes, or for purposes in an
area or by an operator/driver other than as set forth in the
application, all emergency equipment which is exposed to
public view must be removed or covered with an opaque hood,
and must not be operated during such period of time.
(3) The van must not:
(a) Be equipped with the following:
(i) Emergency lighting other than outlined in subsection (2)(h) of this section.
(ii) Signal preemptive device.
(b) Display or use any name that includes the word "police" or "law enforcement" or other word which portrays the individual or business as a public law enforcement agency.
[Statutory Authority: RCW 47.52.120. 90-18-049, § 204-93-050, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-050, filed 10/1/85.]
(1) The capability to monitor channel 9 of the citizen's band radio.
(2) ((Two-way mobile communications with a base station. A CB radio is not adequate for this communication.)) A mobile
telephone system ((is acceptable if:
(a) The equipment is of a recognized and established manufacture and is properly installed.
(b) The equipment is)) in proper working order ((and)),
functions correctly throughout the assigned area of
operation((.
(c) The equipment does not utilize the truck horn or a siren or other sound device to signal incoming calls.
(d) The equipment)), and is used in a correct and lawful manner.
(3) A public address system.
| (( |
[Statutory Authority: RCW 47.52.120. 90-18-049, § 204-93-060, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-060, filed 10/1/85.]
(1) Floor jack - 2-1/2 ton rating.
(2) Portable tank of compressed air with a gauge
indicating a minimum capacity of 100 ((pounds of compressed
air)) psi.
(3) One 36 unit first-aid kit or larger.
(4) One 20 BC rated fire extinguisher or two 10 BC rated fire extinguishers.
(5) Mechanics tools for minor repairs.
(6) Five-gallon container of water.
(7) Six orange or red traffic cones.
(8) One case of 20-minute fuses.
(9) Operable 12 volt jump pack and jumper cables that are at least eight feet in length.
(10) Absorbent material capable of absorbing one gallon of vehicular fluid leaks.
(11) Four-way lug wrench in metric and Society of Automotive Engineer (SAE) sizes.
(12) Two wheel chocks or wheel blocking devices.
(13) One pair of heavy duty leather gloves.
[Statutory Authority: RCW 47.52.120. 90-18-049, § 204-93-070, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-070, filed 10/1/85.]
(((1))) (a) One hundred thousand dollars of legal
liability per occurrence to protect against vehicle damage.
(((2))) (b) Two hundred fifty thousand dollars for
liability for bodily injury or property damage per occurrence.
(((3))) (2) Proof of insurance ((shall)) must be filed
with the ESR section of the patrol. Failure to maintain the
required coverage ((shall)) will result in immediate
cancellation of the letter of appointment by the state patrol.
[Statutory Authority: RCW 47.52.120. 90-18-049, § 204-93-080, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-080, filed 10/1/85.]
(2) The application ((shall include)) must furnish the
following information to the patrol:
(a) A listing of the names of all operators or drivers of the van and a completed fingerprint card and associated fee for the applicant and each person who operates and/or drives the van.
(((3) The application will be assigned a docket number
which shall be its permanent identification number for all
matters relating to appointments.)) (b) A description of the
specific geographic area in which the vehicle will be used as
an assistance van.
(c) A description of each vehicle, to include, year, make, model, VIN, license number, and registered owner.
(d) Certification from each primary jurisdiction identified in (b) of this subsection that the vehicle is to be used as described. Such certification must be by the chief law enforcement officer. If the person making the application is the chief law enforcement officer, certification must be made by the chief executive officer of the political subdivision of the jurisdiction. The certification must state that a need exists in the jurisdiction for the vehicle to be used as described and that the certifier knows of no reason why the application should be denied.
(3) Upon satisfactory application the patrol may issue a permit.
[Statutory Authority: RCW 47.52.120. 90-18-049, § 204-93-090, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-090, filed 10/1/85.]
(1) After a ((letter of appointment)) permit has been
issued, the state patrol will cause to be affixed to each
qualified van a window decal indicating that it has been
approved by the state patrol.
The decal will be furnished by the state patrol and affixed to the windshield on the lower right hand corner by the inspector.
(2) Reinspections of approved vans will be conducted at least once a year by an inspector.
(a) Upon subsequent inspections, the inspector may remove the decal from the van if it is no longer found to be qualified, subject to the following procedures:
(i) In the event of a safety-related defect which would render the van a safety hazard upon the public highway, the decal may be removed immediately by the inspector. Upon a protest by the operator that the defect does not represent a safety hazard, the decal may not be removed until such time as the defect is verified as a safety hazard by the inspector's supervisor.
(ii) In the event of missing or defective equipment which
is not a safety hazard but is required for initial approval,
the inspector ((shall)) must issue a correction notice for the
defect. If after ten days the operator fails or refuses to
repair the defect, the decal may be removed.
(iii) Upon repair of a defect which has previously caused
removal of a decal, the inspector ((shall)) will reinspect the
equipment which had been defective. If the specified
corrections have been satisfactorily completed, the inspector
((shall)) will reapply another decal to the windshield. In
the event that the inspector is not readily available to
reinspect and reapply the decal, such other patrol officer as
may be appointed by the patrol may reinspect and reapply the
decal. The reinspection and reapplication ((shall)) will be
done as soon as possible after the operator advises that the
defect has been repaired.
(b) Upon termination of a ((letter of appointment))
permit, the decal will be immediately removed and the ((letter
of appointment)) permit retrieved by the state patrol.
(c) Upon sale or other transfer of the van from the
business, the operator ((shall)) must so advise the ESR and
((shall)) must remove the decal prior to the sale or transfer
of the vehicle.
(d) Upon the purchase or acquisition of any additional
van to be used pursuant to this chapter, the operator
((shall)) must immediately notify the ESR and request an
inspection of the new unit by the patrol. No vehicle will be
authorized under the permit until it is approved by the
patrol.
[Statutory Authority: RCW 47.52.120. 90-18-049, § 204-93-100, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-100, filed 10/1/85.]
(1) The van operation of the applicant fully conforms to the requirements established by this rule.
(2) The van operation of the applicant does not fully
conform to the requirements. The deficiencies ((shall)) will
be listed on the inspection form. The operator will be
informed of the deficiencies by the inspector. The operator
may reapply to the inspector or the ESR when he/she has
corrected the deficient areas and request another inspection.
Upon certification of compliance by the inspector and
after all other requirements of this regulation have been met,
the ESR will issue a ((letter of appointment)) permit to the
applicant.
A copy of the current ((letter of appointment shall))
permit must be posted in the place of business of the
applicant, and carried in each vehicle at all times.
Failure of the operator to comply with any of the various
regulations in this chapter may result in cancellation of the
operator's ((letter of appointment)) permit by the ESR.
[Statutory Authority: RCW 47.52.120. 90-18-049, § 204-93-110, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-110, filed 10/1/85.]
[Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-120, filed 10/1/85.]
(1) Motor vehicle accidents
(2) Ill or incapacitated motorists
(3) Intoxicated motorists
(4) If a disabled vehicle is to be left on the highway shoulder and the driver is to be transported away from the scene.
[Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-130, filed 10/1/85.]
(1) ((No traveling)) Not travel in high-occupancy vehicle
lane unless ((responding to)) traveling to assist a disabled
vehicle.
(2) ((No)) Not travel in the wrong direction ((travel))
on any highway or on/off ramps of highway, unless directed by
a law enforcement officer.
(3) Safely push a disabled vehicle ((will be pushed))
only to the nearest safe highway shoulder area.
(4) Not tow disabled vehicles ((will not be towed)) for
any distance.
(5) Obey all "rules of the road" as defined by ((RCW))
chapter 46.61 ((shall be obeyed)) RCW with the exception of
RCW 46.61.570 and 46.61.575 as they relate to stopping,
standing, or parking restrictions on public highways.
(6) Obey RCW 47.52.120 ((shall be obeyed)), except
section (5) as it relates to the stopping or parking of a
vehicle on a limited access highway facility.
[Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-140, filed 10/1/85.]
(1) Van driver's name
(2) Location and time of assistance
(3) Vehicle license number of vehicle assisted
(4) Type of assistance given
(5) Date and time of day that van is placed in service and taken out of service.
[Statutory Authority: RCW 47.52.120. 90-18-049, § 204-93-150, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-150, filed 10/1/85.]
(1) ((The driver will wear)) This must include:
(a) A legible name tag.
(((2))) (b) Clothing ((will be)) maintained in a
presentable and clean manner.
(2) Level III reflective vest and pants. The vest and pants must be approved as meeting the United States Department of Transportation (USDOT) or American National Standards Institution (ANSI) standards.
(3) An operator of an assistance van will not be allowed to display any sign, shield, marking, accessory or insignia on their uniform, clothing, or equipment to imply that he or she is a law enforcement officer, unless all of the following apply:
(a) The sign, shield, marking, accessory or insignia on their uniform or equipment is issued by a public law enforcement agency.
(b) The operator is employed by the public agency that is represented on the sign, shield, marking, accessory or insignia on their uniform or equipment, and approved to operate the vehicle by that agency under the authorized emergency vehicle permit.
[Statutory Authority: RCW 47.52.120 and 46.37.005. 85-20-090 (Order 002-85), § 204-93-160, filed 10/1/85.]
(2) The chief law enforcement officer of each primary jurisdiction in which the vehicle is operated as an assistance van may revoke his certification of the vehicle by notifying the patrol in writing of such revocation and their reasons therefore. Following notice to the applicant and an opportunity to be heard, the permit may be invalidated by the patrol.
(3) Mailing by certified mail of any notice or correspondence by the patrol to the last address of the applicant shown on his/her application will be sufficient service of notice as required by this chapter.
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