PERMANENT RULES
COMMISSION
1 STATUTORY OR OTHER AUTHORITY: The Washington utilities and transportation commission (commission) takes this action under Notice No. WSR 09-18-110, filed with the code reviser on September 2, 2009. The commission brings this proceeding pursuant to RCW 80.01.040 and 81.04.160.
2 STATEMENT OF COMPLIANCE: This proceeding complies with the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 43.21C RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).
3 DATE OF ADOPTION: The commission adopts this rule on the date this order is entered.
4 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: RCW 34.05.325(6) requires the commission to prepare and publish a concise explanatory statement about an adopted rule. The statement must identify the commission's reasons for adopting the rule, describe the differences between the version of the proposed rules published in the register and the rules adopted (other than editing changes), summarize the comments received regarding the proposed rule changes, and state the commission's responses to the comments reflecting the commission's consideration of them.
5 To avoid unnecessary duplication in the record of this docket, the commission designates the discussion in this order, including Appendix A, as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda preceding the filing of the CR-102 proposal and the adoption hearing. Together, these documents provide a complete but concise explanation of the agency actions and its reasons for taking those actions.
6 REFERENCE TO AFFECTED RULES: This order amends and repeals the following sections of the Washington Administrative Code:
Amend WAC 480-14-010 Purpose and application.
Amend WAC 480-14-020 Rules, general application of rules -- How changed.
Amend WAC 480-14-040 Definitions.
Amend WAC 480-14-050 Reference to other chapters.
Repeal WAC 480-14-070 Federal regulations, 49 CFR, Part 390 -- General applicability and definitions.
Repeal WAC 480-14-080 Rule book fee -- Updates -- Notification of pending and adopted rule changes -- Compliance with rules.
Amend WAC 480-14-090 Permits.
Amend WAC 480-14-100 Operations must be under permit name.
Amend WAC 480-14-110 Improper use of permit or registration receipt.
Amend WAC 480-14-120 Address, change of.
Repeal WAC 480-14-130 Remittances.
Amend WAC 480-14-140 Fees.
Amend WAC 480-14-150 Regulatory fee.
Amend WAC 480-14-160 Procedures for contest of fees.
Repeal WAC 480-14-170 Periodic reporting requirements.
Amend WAC 480-14-180 Applications.
Amend WAC 480-14-190 Permanent common carrier permits.
Amend WAC 480-14-200 Armored car service.
Amend WAC 480-14-210 Change of carrier name and business structure.
Amend WAC 480-14-220 Permits, cancelled -- New application.
Amend WAC 480-14-230 Operation of equipment by a cancelled or suspended carrier; voluntary cancellation; involuntary suspension and cancellation.
Amend WAC 480-14-240 Inactive status of permits during military service.
Amend WAC 480-14-250 Insurance requirements; cause for suspension or cancellation.
Repeal WAC 480-14-260 Leasing.
Amend WAC 480-14-290 Interstate operations; requirements; definitions.
Amend WAC 480-14-300 Registered carriers.
Repeal WAC 480-14-320 Registered exempt carriers.
Repeal WAC 480-14-340 Equipment -- Identification.
Repeal WAC 480-14-350 Equipment, lawful operation of.
Repeal WAC 480-14-360 Equipment -- Inspection -- Ordered out-of-service for repairs.
Repeal WAC 480-14-370 Equipment -- Drivers -- Safety.
Repeal WAC 480-14-380 Hours of service -- On duty -- Federal safety regulations.
Repeal WAC 480-14-390 Hazardous materials regulations.
Repeal WAC 480-14-400 Transportation of radioactive materials -- Driving and parking rules.
Repeal WAC 480-14-420 Optional provisions.
Repeal WAC 480-14-900 Appendix A.
Amend WAC 480-14-999 Adoption of reference.
7 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: A preproposal statement of inquiry is not required under RCW 34.05.353 Expedited rule making.
8 EXPEDITED RULE MAKING AND ACTIONS THEREUNDER: The commission filed notice of expedited rule making (CR-105) on May 6, 2009, at WSR 09-10-087. The notice informed interested persons that the rules were being proposed under an expedited rule-making process as required by RCW 34.05.353, to amend chapter 480-14 WAC, Motor carriers. The commission provided notice of its expedited rule making to all persons requesting such information pursuant to RCW 34.05.3353 [34.05.353], to all registered motor carriers, and to the commission's list of transportation attorneys. The notice provided interested persons the opportunity to submit written comments to the commission no later than July 6, 2009. The commission posted the relevant rule-making information on its internet web site at www.utc.wa.gov/090400.
9 WRITTEN COMMENTS: The commission received written comments from two individuals. Under the expedited rule-making statute, RCW 34.05.353, if a written notice of objection to the expedited rule making is timely filed and is not withdrawn, the notice of proposed expedited rule making is considered a statement of inquiry (CR-101). A summary/matrix of the comments received with staff's response is posted on the commission's web site at www.utc.wa.gov/090400.
10 NOTICE OF PROPOSED RULE MAKING: The commission filed a notice of proposed rule making (CR-102) on September 2, 2009, at WSR 09-18-110. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 09-18-110 at 1:30 p.m., October 14, 2009, in the Commission's Hearing Room, Second Floor, Richard Hemstad Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission.
11 MEETINGS OR WORKSHOPS: The commission held no meetings or workshops on this matter.
12 WRITTEN COMMENTS: The commission received no written comments in response to the CR-102.
13 RULE-MAKING HEARING: The commission considered the proposed rules for adoption at a rule-making hearing on October 14, 2009, before Chairman Jeffrey D. Goltz and Commissioner Patrick J. Oshie. No interested person appeared or made oral comments.
14 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission finds and concludes that it should amend and repeal the rules as proposed in the CR-102 at WSR 09-18-110.
15 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: After reviewing the entire record, the commission determines that chapter 480-14 WAC should be amended and repealed to read as set forth in Appendix A, as rules of the Washington utilities and transportation commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.
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 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 22, Repealed 15.
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.
16 THE COMMISSION ORDERS:
17 The commission amends and repeals chapter 480-14 WAC to read as set forth in Appendix A, as rules of the Washington utilities and transportation commission, to take effect on the thirty-first day after the date of filing with the code reviser pursuant to RCW 34.05.380(2).
18 This order and the rules set out in Appendix A, after being recorded in the register of the Washington utilities and transportation commission, shall be forwarded to the code reviser for filing pursuant to chapters 80.01 and 34.05 RCW and chapter 1-21 WAC.
DATED at Olympia, Washington, October 30, 2009.
Washington state utilities and transportation commission
Jeffrey D. Goltz, Chairman
Patrick J. Oshie, Commissioner
OTS-2320.4
AMENDATORY SECTION(Amending Order R-435, Docket No.
TV-941290, filed 11/22/95, effective 12/23/95)
WAC 480-14-010
Purpose and application.
((The federal
government has preempted state economic regulation of motor
carriers effective January 1, 1995, except for carriers of
household goods and common carrier brokers. These rules are
established to comply with federal law. This chapter
supersedes chapter 480-12 WAC for all common and contract
carriers previously regulated in that chapter except carriers
of household goods and common carrier brokers, who continue to
be regulated by that chapter.)) These rules require intrastate
common carriers of property by motor vehicle to obtain and
maintain intrastate common carrier operating permits, to file
reports and pay regulatory fees, and to file and maintain
evidence of required insurance coverage. The rules also
require interstate carriers to secure appropriate authority
from the United States Department of Transportation (USDOT)
and to register with the commission and pay fees as required
by the Uniform Carrier Registration (UCR) program or any
successor program.
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-010, filed 11/22/95, effective 12/23/95.]
(2) The rules in this chapter are for general application only, and are subject to such changes and modifications as the commission may deem advisable from time to time, and also to such exceptions as may be considered just and reasonable in individual cases.
(3) ((Application for exception to)) A person requesting
an exemption from any of ((the)) these rules ((and regulations
of the commission shall be made in accordance with the
following instructions:
(a) Application should be directed)) must direct his or
her request to the commission at its Olympia headquarters
office. ((The application should be typewritten on 8-1/2 x 11
inch paper, on one side of the sheet only.
(b))) The ((applicant)) person must identify the rule
from which exemption is sought and give a full explanation
((as to)) of the reason(s) the ((exception)) exemption is
desired.
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-020, filed 11/22/95, effective 12/23/95.]
(1) ((The term "motor carrier" means "common carrier,"
"private carrier" and "exempt carrier," as herein defined.
(2))) The term "common carrier" means any person who
undertakes to transport property, including general
commodities, materials transported by armored car service,
and/or hazardous materials, for the general public by motor
vehicle for compensation, including under individual contracts
or agreements, and including motor vehicle operations of other
carriers by rail or water and of express or forwarding
companies. ((For the purposes of chapter 480-15 WAC, the term
"common carrier" also includes persons engaged in the business
of transporting household goods as common carriers or of
providing, contracting for, or undertaking to provide
transportation of property for compensation over the public
highways of the state of Washington as brokers or forwarders.
(3) The term "private carrier" means a person who, in its own vehicle, transports only property owned or being bought or sold by it in good faith and only when such transportation is purely an incidental adjunct to some established private business owned or operated by it in good faith.
(4))) The term does not include household goods carriers, as defined by WAC 480-15-020, solid waste collection companies, as defined by WAC 480-70-041, or "exempt carriers."
(2) The term "exempt carrier" means any person operating
a vehicle exempted from certain regulatory provisions ((of the
act)) under RCW 81.80.040.
(((5) The terms "registered carrier" and "registered
exempt carrier" have the meanings set out in WAC 480-14-290.
(6))) (3) The term "carrier of hazardous materials" means any person who transports radioactive materials, hazardous waste, hazardous materials and hazardous substances as defined in Title 49 Code of Federal Regulations. Information about 49 CFR regarding the version currently in effect and where to obtain it is set out in WAC 480-14-999.
(((7))) (4) The term "carrier of general commodities"
means any person transporting the property of others for
compensation, except persons performing the service of
transporting household goods as defined in WAC 480-15-020.
(((8))) (5) The term "armored car service" means carriers
transporting property of very high value (gold, silver,
currency, valuable securities, jewels and other property of
very high value) using specially constructed armored trucks
and providing policy protection to safeguard freight while it
is being transported and delivered. It also means carriers
which operate ordinary equipment in the carriage of high value
commodities when guards are necessary to accompany the
shipment.
[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-14-040, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-040, filed 11/22/95, effective 12/23/95.]
(2) Communications. Except as provided in chapter 480-04 WAC, all written communications and documents should be addressed to the secretary, Washington utilities and transportation commission, at the headquarters office of the commission at Olympia, Washington, and not to individual members of the commission staff.
(a) Except as provided in chapter 480-04 WAC, all communications and documents are deemed to be officially received only when delivered at the office of the secretary.
(b) In addressing communications to the commission each permit holder must use the name shown upon its permit and indicate permit number.
(c) Except as provided in WAC 480-07-143, 480-07-145, and 480-14-420, receipt in the commission's telefacsimile machine does not constitute filing with the commission.
(3))) The commission's procedural rules are contained in chapter 480-07 WAC and apply to common carriers regulated under this chapter. If a rule in this chapter conflicts with a rule in chapter 480-07 WAC, the rule in this chapter applies.
(2) Documents(( -- When filed)). ((Except as provided in
chapter 480-04 WAC,)) All petitions, complaints, applications
for common carrier permits or extensions, or any other matter
required to be served upon or filed with the Washington
utilities and transportation commission ((shall)) must be
served or filed upon the commission at its headquarters office
as shown in WAC ((480-04-030)) 480-04-035, upon the secretary
of the commission. ((Except as provided in chapter 480-04 WAC,)) Any petition, complaint, application, or other matter
required to be served upon or filed with the commission
((shall)) will not be considered served or filed until it is
received at the headquarters office ((of the commission at
Olympia, Washington)).
[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-14-050, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-050, filed 11/22/95, effective 12/23/95.]
(2) Copies required on power units.)) Permit holders must carry a copy of operating authority issued by the Washington utilities and transportation commission on each power unit operated in intrastate operations.
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-090, filed 11/22/95, effective 12/23/95.]
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-100, filed 11/22/95, effective 12/23/95.]
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-110, filed 11/22/95, effective 12/23/95.]
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-120, filed 11/22/95, effective 12/23/95.]
| Type of Application |
Fee (( |
| (( January 1, 1995, to new permits . . . . . . . . . . . . $0)) |
|
| Change of name or business structure . . . . . . . . . . . . $50 |
|
| Permanent common carrier operating authority | |
| Hazardous materials . . . . . . . . . . . . $275 | |
| General commodities . . . . . . . . . . . . $275 | |
| Armored car service . . . . . . . . . . . . $275 |
|
| Extension of common carrier permit authority | |
| Hazardous materials . . . . . . . . . . . . $100 | |
| General commodities . . . . . . . . . . . . $100 | |
| Armored car service . . . . . . . . . . . . $100 |
|
| Reinstatement of authority (within 10 months of cancellation) | |
| Hazardous materials . . . . . . . . . . . . $100 | |
| General commodities . . . . . . . . . . . . $100 | |
| Armored car service . . . . . . . . . . . . $100 | |
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-140, filed 11/22/95, effective 12/23/95.]
(2) Each common carrier ((shall submit with its statement
of gross operating revenue the carrier's)) must pay a
regulatory fee((, calculated as)) at the time it files a
report. The regulatory fee is 0.0025 times the stated gross
operating revenue, unless that rate is reduced or waived by
commission order.
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-150, filed 11/22/95, effective 12/23/95.]
((Any person on whom a fee is imposed by the authority of
chapter 81.80 RCW shall)) (a) The person must first pay the
fee.
(b) Within six months of the date the fee is due, the
payor may petition the commission for a refund of the fee
paid((, in writing, filed no later than six months after the
fee is first due and payable)).
(c) The petition ((shall state)) must be in writing and
must include:
(i) The name of the payor/petitioner((;)).
(ii) The date and the amount paid((, including)).
(iii) A copy of any receipt, if available((;)).
(iv) The nature of the fee paid((;)).
(v) The amount of the fee that is contested((;)).
(vi) The statute under which the fee is imposed, if known
((to the petitioner; and)).
(vii) Any reasons why the commission may not impose the fee.
(2) The commission may grant the petition administratively or may set the petition for adjudication or for brief adjudication.
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-160, filed 11/22/95, effective 12/23/95.]
(((a) Applications)) (1) Common carriers must apply to
the commission to acquire permanent common carrier authority,
((extension of)) to extend existing permanent common carrier
authority, or to change ((of)) a carrier name or business
structure ((shall be made)). Common carriers must apply on
forms furnished by the commission and ((shall contain)) must
include all the information, documents((,)) and exhibits
called for in the form or the form's instructions. The
commission may refuse to accept any application until all
required information is supplied.
(((b) No application will be accepted for filing)) (2)
The commission will not accept an application unless it is
accompanied by the required fee as shown in WAC 480-14-140.
(((c))) (3) The commission's acceptance of an application
for filing does not indicate the commission's approval, nor is
the commission precluded from finding that the information
presented in the application is insufficient.
(((2) Interstate authority. Each carrier operating in
interstate commerce on the public roads of the state of
Washington shall apply to register its insurance with the
commission pursuant to WAC 480-14-250. Every such application
shall be granted if it contains all necessary information and
documentation, if the information provided is true and
correct, and if the required fee is paid.
(3) All exhibits or papers submitted with an application must be legibly written or typed on one side only of 8 1/2 by 11 inch paper.
(4) Applications for permits and for registration shall require that the applicant certify the truth of all information submitted with the application, under penalties of perjury. False, misleading, or incomplete information may subject the applicant to prosecution, to civil penalties, or to revocation or suspension of authority.))
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-180, filed 11/22/95, effective 12/23/95.]
(2))) The commission will issue a common carrier permit
((shall be issued)) to any applicant ((satisfying the
following requirements:
(a) Filing an application satisfying the requirements of WAC 480-14-180.
(b) Filing, or causing to be filed, insurance in accordance with the requirements of WAC 480-14-250.
(c) Passing a safety fitness review of the applicant's knowledge and ability to conform with the motor carrier safety and/or hazardous materials regulations. The safety fitness review may be waived if the applicant can furnish a copy of a U.S. Department of Transportation "satisfactory" safety rating issued within twenty-four months before the date of the application. The commission may require an on-site safety compliance review to satisfy the safety fitness review requirements prior to issuing any permit.
(3) An application may be dismissed for failure to complete needed steps and it may be dismissed, denied, or granted in part based upon the satisfactory compliance with this chapter.)) that files an application satisfying the requirements of WAC 480-14-180 and that files insurance in accordance with the requirements of WAC 480-14-250.
(2) The commission may dismiss an incomplete application.
The applicant may request a review of dismissal ((or full or
partial denial)) through a brief adjudicative proceeding,
pursuant to WAC 480-07-610.
[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-14-190, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-190, filed 11/22/95, effective 12/23/95.]
(1) The vehicle must be accompanied by at least two armed security guards qualified under chapter 18.170 RCW and chapter 308-18 WAC.
(2) When the vehicle is located in an unsecured area, one guard must remain within the area.
(3) Those portions of the vehicle surrounding the cargo
and personnel must have a UL 752 Testing Certification to
Level 1 Medium Powered Small Arms (MPSA); except that((,)) any
vehicle owned by an armored car service and operated as an
armored car prior to ((the effective date of this rule))
December 23, 1995, is exempt from this regulation.
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-200, filed 11/22/95, effective 12/23/95.]
(a) The carrier changes ((of the carrier's)) its
registered name, with no change in ownership or business
structure.
(b) The carrier changes ((of)) its business structure:
(i) From an individual to a corporation ((to incorporate
an individual's business)) or limited liability corporation
(LLC), when the individual is the majority stockholder((, or
by an)).
(ii) From an individual to a partnership, when the
individual is the majority partner((, or)).
(iii) From a corporation or LLC to a proprietorship of
the majority shareholder((, or by)).
(iv) From a partnership to a proprietorship of the majority partner.
(c) ((Change of)) The carrier changes its name
((resulting from)) because of a change in business structure
from a partnership to a corporation ((established to
incorporate the partnership business,)) or LLC when the
partners are the majority stockholders in the same
proportionate ownership.
(d) ((Change of)) The carrier changes its name resulting
from a change in business structure from a corporation or LLC
to another corporation or LLC where both corporations are
wholly owned by the same stockholders in the same proportions.
(2) A carrier must file a new permanent common carrier
application ((is required, rather than a change of name,))
when the resulting business entity does either more or less
than assume all of the existing business.
((If)) (3) A carrier must file a new permanent common
carrier application when the transaction involves the sale or
acquisition of assets other than the property of the acquired
or substituted business((,)) or ((the)) if the carrier
conducts ((of)) different activities((, a new permit must be
applied for)).
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-210, filed 11/22/95, effective 12/23/95.]
(a) Corrects the cause of cancellation((, satisfying)).
(b) Satisfies any outstanding fees or filings((, and
submitting)).
(c) Submits the appropriate application ((with the
pertinent application)) and fee ((within ten months after date
of cancellation)) as required in WAC 480-14-140.
(2) If the common carrier does not ((filed)) file for
reinstatement within ten months((, the application will be
considered in all respects as)) of cancellation, it must
submit a new application ((and must be accompanied by full
fees and)) for a common carrier permit under WAC 480-14-190
subject to all provisions ((of)) in WAC 480-14-180.
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-220, filed 11/22/95, effective 12/23/95.]
(2) Voluntary cancellation. A carrier may request that its permit be cancelled. Cancellation will be effective upon entry of an order of voluntary cancellation by the commission secretary. The commission will reinstate any permit that has been voluntarily cancelled by order of the secretary upon application of the carrier and payment of the required fee within ten months after the order of cancellation, provided the permit holder meets current entry requirements.
(3) Policy regarding compliance activities; penalties; remediation; involuntary suspension or cancellation. It is the policy of the commission that the purpose for the regulations implemented in this chapter is to secure compliance with laws and rules protecting the public health and safety, and that the commission shall direct its efforts toward education to the end that voluntary compliance is achieved.
(a) Penalties are intended as a tool of enforcement and remediation and may be assessed upon violations in the manner the commission believes will best assure future compliance by the responding carrier and other carriers.
(b) Involuntary suspension and cancellation are intended for circumstances in which the commission believes education and penalties have not been or will not be effective to secure compliance and for serious actions such as fraud, misrepresentation, and willful violation of legal requirements.
(4))) (1) Involuntary suspension.
(a) The commission may suspend a carrier permit ((for
cause. Cause includes, but is not limited to, the following
circumstances:
(i) The carrier has failed to maintain evidence that it has the required level of insurance in effect for its operations.
(ii) The carrier fails or refuses to participate in compliance education or conferences, or fails or refuses to comply with rules or other requirements protecting the public health or safety following commission staff instructions regarding compliance.
(iii) The carrier commits or allows to exist an infraction of rule or law that poses an immediate danger to the public health or safety, when putting one or more vehicles out of service will not protect the public health or safety.
(b) The commission will provide to the carrier such notice as is feasible of a commission action suspending a permit, weighing the potential threat to the public health, safety or welfare and the effect of the suspension on the carrier.
(i))) if the carrier fails to maintain evidence that it has the required level of insurance in effect for its operations.
(b) The commission will make a good faith effort to
notify a carrier that its evidence of insurance is likely to
become invalid((, but)). The commission will suspend any
carrier who fails to maintain evidence of current insurance
((on file with the commission)), whether or not it is able to
provide advance notice.
(((ii) The commission may suspend a carrier permit,
effective with the service of notice, when it believes that
the carrier's continued operations pose an imminent danger to
the public health, safety or welfare.
(c) The commission may suspend a permit without prior hearing when the action is needed to protect the public health, safety or welfare and there is insufficient time for a suspension hearing. A carrier whose permit is suspended may secure reinstatement of the permit by correcting conditions leading to suspension. A carrier may contest suspension by requesting a brief adjudication or an adjudication.
(5))) (2) Voluntary cancellation. A carrier may request that its permit be canceled. The commission will enter an order canceling the permit. The commission will reinstate the permit, provided the carrier meets current entry requirements, if the carrier applies for reinstatement and pays the application fee within ten months of cancellation.
(3) Involuntary cancellation ((for cause)). The
commission may cancel a permit ((for cause. Cause includes,
but is not limited to, the following circumstances)) because
the carrier fails to:
(a) ((Failure to pay the)) Pay required regulatory ((fee
or)) fees.
(b) ((Failure to)) Demonstrate that the carrier has
corrected the conditions leading to suspension within the time
defined in the order of suspension.
(c) ((Committing or allowing to exist violations of
pertinent requirements of law or rule affecting the public
health or safety when the commission has reason to believe
that the carrier would not comply following a period of
suspension.
(d) Repeated failure or refusal of the carrier to comply
with regulatory requirements or to)) Provide information((,))
as required by the commission or ((the submission of)) submits
false, misleading((,)) or inaccurate information ((of a sort
that is necessary to the commission for performance of its
functions)).
(((6))) (4) Cancellation hearing ((prior to)). The
commission will hold a hearing prior to canceling a carrier's
authority, pursuant to RCW 81.80.280, except when cancellation
results from failure to correct causes of a suspension in
which an adjudication or brief adjudication was held or was
available to the carrier. A carrier whose permit is cancelled
may apply for reinstatement under WAC 480-14-220, or may apply
for a new permit under WAC 480-14-180, if the carrier has
corrected the causes of cancellation ((are corrected)).
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-230, filed 11/22/95, effective 12/23/95.]
(2) The carrier shall file with the commission a written, informal application which lists)), the carrier may apply to the commission, at no charge, for inactive status. The written, informal application must include:
(a) The applicant's name and permit number((;)).
(b) The branch of military service the applicant is to
enter((;)).
(c) The date upon which the applicant requests the
inactive status to begin((;)).
(d) A statement that the applicant will not permit its equipment to be operated under inactive status.
(2) Upon receipt of the properly completed application, the commission will place the permit in inactive status for the period of military service.
(3) ((Application for reinstatement of a)) The carrier
must apply to reinstate its permit ((placed on inactive status
during military service shall be made)) within six months
after ((such)) military service has ((terminated)) ended. In
its application, the carrier must state it will comply with
the requirements of law governing its operations. The
commission ((shall, at no charge,)) will grant reinstatement
((upon a showing of compliance with the requirements of the
law governing operation over the public highways)) at no
charge.
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-240, filed 11/22/95, effective 12/23/95.]
(a) For vehicles with gross vehicle weight ratings of ten
thousand pounds or more, filings ((shall)) must be for the
amount shown on the following table:
| Category of Carrier Operation | Filing Required |
|
| 1. | Property (nonhazardous) . . . . . . . . . . . . | $750,000 |
| 2. |
Hazardous substances, as defined in 49 Code of
Federal Regulations (CFR) 171.8 transported in
cargo tanks, portable tanks, or hopper-type
vehicles with capacities in excess of 3,500 water
gallons; or in bulk (( . . . . . . . . . . . . |
$5,000,000 |
| 3. |
Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials and hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in 2. above or in 4. below . . . . . . . . . . . . | $1,000,000 |
| 4. | Any quantity of (( . . . . . . . . . . . . |
$5,000,000 |
| Category of Carrier Operation |
Filing
Required |
|
| 1. |
Property (nonhazardous) . . . . . . . . . . . . |
$300,000 |
| 2. | Property (hazardous); any quantity of (( |
$5,000,000 |
(d) ((Carriers registering under WAC 480-14-300 as
registered interstate carriers may provide evidence of
insurance in the amount prescribed by the Interstate Commerce
Commission or its successor agency written by a company
authorized to write insurance in any state.
(e) Failure to file and keep)) The commission may dismiss
an application or suspend or cancel a permit if a carrier does
not file proof that such insurance is in full force and effect
((shall be cause for dismissal of an application or
cancellation of a permit)).
(((f))) (e) Carriers must submit evidence of insurance
((shall be submitted)) by either ((on)) a Uniform Motor
Carrier Bodily Injury and Property Damage Liability
Certificate of Insurance((, filed in triplicate with the
commission,)) (Form E) or a written binder ((issued by an
insurance agent or insurance company)) evidencing the required
coverage((s as required above)). ((If)) A binder ((is
submitted, it shall)) may not be effective for ((not)) longer
than sixty days, during which time the carrier must file the
((required evidence of insurance)) Form E.
(2) Continuing proof of insurance((, continuation of)).
((Proper)) A carrier must file evidence of continued insurance
((shall be filed)) with the commission not less than ten days
prior to the termination date of the current insurance ((then
on file in order that there shall be no question of continuous
coverage as required by law)).
(3) Insurance endorsement. All liability and property
damage insurance policies issued to ((motor freight)) common
carriers ((shall)) must carry a "uniform motor carrier bodily
injury and property damage liability endorsement."
(4) Insurance termination. All insurance policies issued
under the requirements of chapter 81.80 RCW ((shall)) must
provide that the ((same shall)) coverage continues in full
force and effect unless and until canceled by at least thirty
days' written notice served on the insured and the
((Washington utilities and transportation)) commission by the
insurance company((, with)). The thirty days' notice ((to))
must commence to run from the date notice is actually received
by the commission((, except for binders which may be cancelled
on ten days' written notice)).
((Notice of cancellation or expiration shall be submitted
in duplicate)) (a) An insurance binder may be canceled on ten
days' written notice.
(b) The carrier or carrier's insurance company must
notify the commission of cancellation or expiration on forms
prescribed by the commission ((and shall not be submitted)).
(c) The carrier or carrier's insurance company must
provide notice of cancellation or expiration not more than
sixty days before the ((desired)) termination date, except
binders which may be ((cancelled by written notification from
the insurance agency or the insurance company)) canceled on
ten days' written notice.
((No common carrier may operate upon the public highways
of this state without insurance as required in this section. The permit of any common carrier who fails to maintain
evidence on file that its insurance is in current force and
effect as required herein shall be suspended by operation of
law beginning with the time of the failure, until the permit
is canceled or the cause of the suspension is cured and the
permit is reinstated. The commission will make a good faith
effort to notify carriers of impending suspension for failure
to maintain evidence of insurance and will make a good faith
effort to enter a timely order of suspension, but failure to
do so shall not invalidate the suspension.
(5) Information about 49 CFR regarding the version currently in effect and where to obtain it is set out in WAC 480-14-999.))
[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-14-250, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-250, filed 11/22/95, effective 12/23/95.]
(1) Registered carriers. Carriers operating in interstate or foreign commerce under authority issued by the Interstate Commerce Commission or its successor agency are "registered carriers."
(2) Registered exempt carriers. Carriers operating in interstate or foreign commerce under the exemptions of the Federal Motor Carrier Act without interstate authority issued by the Interstate Commerce Commission or its successor agency are "registered exempt carriers."
(3) Compliance required. Registered and registered exempt carriers in the conduct of interstate operations must comply with the laws and rules that apply to that activity and to equipment in which it is conducted. Interstate carriers conducting Washington intrastate operations must, as to the intrastate activity, comply with the laws and rules applicable to the activity and to equipment in which it is conducted)).
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-290, filed 11/22/95, effective 12/23/95.]
(2) The registration fee for registered carriers in Washington state is ten dollars for each vehicle operated within the state.
(3) Washington-based carriers. Washington is a participant in the base state insurance registration program established in 49 USC § 11506 and 49 CFR Part 1023. Any carrier whose base state as defined in federal regulation is Washington state shall register for interstate operations as follows:
(a) Between August 1 and November 30 of each year, each such Washington-based interstate carrier shall apply to the commission to register for the following year.
(b) The registering carrier shall state the number of vehicles to be operated in each participating state, provide other required information, and submit the registration fee established by that state for each such vehicle.
(c) The commission within thirty days will provide to the carrier a receipt or receipts showing, at a minimum, the carrier's name and address, its Interstate Commerce Commission or successor agency permit number, and the names of the states for which it has registered.
(d) The carrier shall place a receipt or an authorized copy in each vehicle for which it has paid the required fee.
(e) Any Washington-based carrier that begins interstate operations in a state for which it has not registered may register for that state at any time, stating the number of vehicles to be operated in each state and submitting the required information and registration fee for each vehicle. The commission will provide a new receipt, if the carrier has not previously registered, or supplemental receipt, if it has registered, showing the states for which the carrier has registered.
(4) No carrier may operate a vehicle in Washington state that is not registered as specified in this rule unless it is registered for interstate exempt traffic under WAC 480-14-320)) United States Department of Transportation (USDOT) or its successor agency must register with the commission and pay fees as required by the Uniform Carrier Registration (UCR) program or any successor program as required by the laws and rules of USDOT.
[Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-300, filed 11/22/95, effective 12/23/95.]
(1) North American Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April 1, 2006.
(b) This publication is referenced in WAC 480-14-360 (Equipment -- Inspection -- Ordered out-of-service for repairs), WAC 480-14-370 (Equipment -- Drivers -- Safety), and WAC 480-14-390 (Hazardous materials regulations).
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Washington, D.C.
(2))) is within Title 49 Code of Federal Regulations((,
cited as 49)) (CFR), including all appendices and amendments
is published by the United States Government Printing Office.
(((a))) (1) The commission adopts the version in effect
on April 30, 2008, for 49 CFR Parts 171, 172 and 395.
(((b))) (2) This publication is referenced in WAC 480-14-250 (Insurance requirements; cause for suspension or
cancellation) ((and WAC 480-14-380 (Hours of service -- On
duty -- Federal safety regulations))).
(((c))) (3) Copies of Title 49 ((Code of Federal
Regulations)) CFR are available from the U.S. Government
Online Bookstore, http://bookstore.gpo.gov/, and from various
third-party vendors.
[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 09-01-171 (Docket A-081419, General Order R-554), § 480-14-999, filed 12/23/08, effective 1/23/09; 06-17-087 (Docket A-060475, General Order No. R-537), § 480-14-999, filed 8/14/06, effective 9/14/06; 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-14-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-14-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-14-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-14-999, filed 9/28/01, effective 10/29/01.]
The following sections of the Washington Administrative Code are repealed:
| WAC 480-14-070 | Federal regulations, 49 CFR, Part 390 -- General applicability and definitions. |
| WAC 480-14-080 | Rule book fee -- Updates -- Notification of pending and adopted rule changes -- Compliance with rules. |
| WAC 480-14-130 | Remittances. |
| WAC 480-14-170 | Periodic reporting requirements. |
| WAC 480-14-260 | Leasing. |
| WAC 480-14-320 | Registered exempt carriers. |
| WAC 480-14-340 | Equipment -- Identification. |
| WAC 480-14-350 | Equipment, lawful operation of. |
| WAC 480-14-360 | Equipment -- Inspection -- Ordered out-of-service for repairs. |
| WAC 480-14-370 | Equipment -- Drivers -- Safety. |
| WAC 480-14-380 | Hours of service -- On duty -- Federal safety regulations. |
| WAC 480-14-390 | Hazardous materials regulations. |
| WAC 480-14-400 | Transportation of radioactive materials -- Driving and parking rules. |
| WAC 480-14-420 | Optional provisions. |
| WAC 480-14-900 | Appendix A. |