Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-11-031.

     Title of Rule and Other Identifying Information: WAC 204-10-022 Body requirements.

     Hearing Location(s): General Administration Building Auditorium, 210 11th Avenue, Olympia, WA 98504, on August 25, 2009, at 9:00 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: Provides clarification for frame certification. Removes welding requirements and requires that the builder certify the structural strength of the frame.

     Reasons Supporting Proposal: Provides clarification for frame certification.

     Statutory Authority for Adoption: RCW 46.37.005 and 46.37.240.

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

     Name of Proponent:

     Name of Agency Personnel Responsible for Drafting and Implementation: Melissa Van Gorkom, General Administration Building, P.O. Box 42600, Olympia, WA 98504-2600, (360) 596-4017; and Enforcement: VIN specialists, General Administration Building, P.O. Box 42600, Olympia, WA 98504-2600, (360) 704-2954.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A certified letter from the builder of the frame does not create more than a minor cost.

     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, phone (360) 596-4017, fax (360) 596-4015, e-mail melissa.vangorkom@wsp.wa.gov.

     The purpose of the chapter is to outline body requirements necessary to ensure that equipment used on motor vehicles complies with current safety standards.

     The proposed major changes to the chapter are:

•	Elimination of the welding requirement.
•	Updating the certification requirement so that the certification now comes from the builder instead of an engineer, and outlines the documentation required as being either:

1.	A notarized letter from the building of the frame outlining the portions of the Federal Motor Vehicle Safety Standards (FMVSS) which have been met, or
2.	Certification provided on the vehicle in the form of a label which has been affixed in accordance with FMVSS standards outlining the portions of FMVSS which have been met.

     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.

     COSTS: ESR analysis revealed that the cost associated with requiring a notarized letter from the builder would be minor if any.

     BENEFITS: The benefit of these proposed amendments include:

•	Clarifying the requirement for those who use WAC 204-10-022 to clearly outline the certification required for the vehicle.
•	Ensuring that the frame for the vehicle has been certified by its builder as meeting the applicable safety standards.

     CONCLUSION: ESR concludes that the probable benefits of the proposed rule amendments exceed the probable cost. ESR has complied with the appropriate sections of the Administrative Procedure Act and is prepared to proceed with the rule filing.

     Please contact Melissa Van Gorkom if you have any questions at (360) 596-4017.

July 21, 2009

John R. Batiste

Chief

OTS-2516.1

AMENDATORY SECTION(Amending WSR 08-19-079, filed 9/16/08, effective 10/17/08)

WAC 204-10-022   Body requirements.   (1) Defroster and defogging devices: Every enclosed motor vehicle must be equipped with a device capable of defogging and defrosting the windshield area. Vehicles or exact replicas of vehicles manufactured prior to January 1938 are exempt from this requirement.

     (2) Door latches: Every enclosed motor vehicle equipped with side doors leading directly into a compartment that contains one or more seating accommodations must be equipped with door latches which firmly and automatically secure the door when pushed closed and which allow each door to be opened both from the inside and outside.

     (3) Hoodlatches: A front opening hood must be equipped with a primary and a secondary latching system to hold the hood in a closed position.

     Hoods are optional equipment on vehicles defined as street rods and kit vehicles by the Washington state patrol vehicle inspectors.

     (4) Enclosed passenger compartment: A motor vehicle with an enclosed passenger compartment and powered by an internal combustion engine must be constructed to prevent the entry of exhaust fumes into the passenger compartment.

     (5) Floor pan: A motor vehicle must be equipped with a floor pan under the entire passenger compartment capable of supporting the weight of the number of occupants that the vehicle is designed to carry.

     (6) Bumpers: A motor vehicle must be equipped with a bumper on both the front and rear of the vehicle with the exception of motor vehicles where the original or predominant body configuration, provided by a recognized manufacturer, did not include such bumper or bumpers in the design of the vehicle. For the relevant model year, bumpers must accommodate recognized manufacturer impact absorption systems pursuant to applicable SAE Bumper Standards or equivalent standards.

     Bumpers are optional equipment on vehicles defined as street rods and kit vehicles by the Washington state patrol vehicle inspectors.

     Bumpers, unless specifically exempted above, must:

     (a) Be at least four and one-half inches in vertical height.

     (b) Be centered on the vehicle's centerline.

     (c) Extend no less than the width of the respective wheel track distances.

     (d) Be attached to the vehicle in a manner equivalent to the original manufacturer's installation.

     (e) Be horizontal load bearing and attach to the vehicle frame to effectively transfer energy when impacted.

     (f) Be mounted at a maximum height based on the original gross vehicle weight rating (GVWR) of the vehicle, measured from a level surface to the highest point on the bottom of the bumper. For vehicles exempted from the bumper requirement for the reasons stated above, a maximum frame elevation measurement must be made to the bottom of the frame rail. Maximum heights are as follows:

	Front	Back
Passenger Vehicles	22 Inches	22 Inches
4,500 lbs. and under GVWR	24 Inches	26 Inches
4,501 lbs. to 7,500 lbs. GVWR	27 Inches	29 Inches
7,501 lbs. and over GVWR	28 Inches	30 Inches

     A blocker beam or additional bumper may not be used to meet the above requirements.

     (g) If an existing bumper from a recognized manufacturer is not used and a special bumper is fabricated, it must be certified as meeting the bumper standards set under 49 CFR 581.

     (7) Fenders: All wheels of a motor vehicle must be equipped with fenders designed to cover the entire tire tread width that comes in contact with the road surface. Coverage of the tire tread circumference must be from at least fifteen degrees in front and to at least seventy-five degrees to the rear of the vertical centerline at each wheel measured from the center of the wheel rotation. At no time can the tire come in contact with the body, fender, chassis, or suspension of the vehicle. Street rods and kit vehicles which are more than forty years old and are owned and operated primarily as a collector's item need not be equipped with fenders when the vehicle is used and driven during fair weather on well-maintained, hard-surfaced roads.

     (8) Frame: A motor vehicle must be equipped with a frame. If an existing frame from a recognized manufacturer is not used and a special frame is fabricated, it must be constructed of wall box or continuous section tubing, wall channel, or unitized construction capable of supporting the vehicle, its load, and the torque produced by the power source under all conditions of operation. ((All welding on the frame must be completed by a certified welder and)) The structural strength of the frame must be certified by ((an engineer)) the builder as meeting the applicable standards set under 49 CFR 571 Parts 201, 214, 216, and 220 through 224, and the SAE Standards. Such certification must be made by either:

     (a) A notarized letter from the builder of the frame outlining the portions of the Federal Motor Vehicle Safety Standards (FMVSS) which have been met; or

     (b) Certification provided on the vehicle in the form of a label which has been affixed in accordance with FMVSS outlining the portions of the FMVSS which have been met.

[Statutory Authority: RCW 46.37.005 and 46.37.320. 08-19-079, § 204-10-022, filed 9/16/08, effective 10/17/08.]

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