WSR 09-15-150

PERMANENT RULES

WASHINGTON STATE PATROL


[ Filed July 21, 2009, 10:19 a.m. , effective August 21, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The change made to WAC 204-24-040 in 2008 was to include the new labeling that manufacturers are using. The change was intended to outline that tires meeting the specifications are marked with either one of two options (M&S labeling or the mountain snowflake symbol). During the change in 2008, the word "or" was not inserted between the two options causing the rule to imply that both are required, which is not the case. This proposal will add the word "or" so that it is clear that either one is acceptable.

Citation of Existing Rules Affected by this Order: Amending WAC 204-24-040.

Statutory Authority for Adoption: RCW 46.37.005 and 46.37.420.

Adopted under notice filed as WSR 09-11-041 on May 12, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 21, 2009.

John R. Batiste

Chief

OTS-2407.1


AMENDATORY SECTION(Amending WSR 08-24-030, filed 11/24/08, effective 12/25/08)

WAC 204-24-040   Traction devices.   The following equipment items are approved by the state patrol for use as traction devices wherever traction devices are required by the department of transportation:

(1) Tire chains meeting the standards in WAC 204-24-020.

(2) Studded tires meeting the standards in WAC 204-24-030.

(3) Approved traction tires. An approved traction tire must have the following tread characteristics:

(a) A minimum of 4/32 inch tread, measured in the center portion of the tire at three locations equally spaced around the circumference of the tire.

(b) A relatively aggressive tread pattern designed primarily to provide additional starting, stopping, and driving traction on snow or ice. The tread must have ribs, lugs, blocks or buttons the edges of which are at an angle greater than thirty degrees to the tire circumferential centerline.

(c) On at least one side of the tread design, the shoulder lugs protrude at least 1/2-inch in a direction generally perpendicular to the direction of travel.

(d) Tires manufactured to meet these specifications must:

(i) Be permanently labeled on at least one sidewall with the words "mud and snow" or any contraction using the letters "M" and "S" (e.g. MS, M/S, M-S, M & S, etc.)((.)); or

(ii) Be permanently labeled on at least one side wall with the mountain/snowflake symbol.

[Statutory Authority: RCW 46.37.005 and 46.37.420. 08-24-030, 204-24-040, filed 11/24/08, effective 12/25/08. Statutory Authority: RCW 46.37.420. 92-05-016, 204-24-040, filed 2/10/92, effective 3/12/92; 83-21-080 (Order 83-10-01), 204-24-040, filed 10/19/83. Statutory Authority: RCW 46.37.005. 82-11-045 (Order 82-05-01), 204-24-040, filed 5/12/82; Order 7607, 204-24-040, filed 9/14/76; Order 6902, 204-24-040, filed 2/17/70.]

Washington State Code Reviser's Office