Preproposal statement of inquiry was filed as WSR 10-10-093.
Title of Rule and Other Identifying Information: Chapter 204-21 WAC, Flashing warning lamps.
Hearing Location(s): General Administration Building, Room G21, Conference Room, 210 11th Avenue, Olympia, WA 98504, on September 9, 2010, at 9:15 a.m.
Date of Intended Adoption: September 9, 2010.
Submit Written Comments to: Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504-2600, e-mail firstname.lastname@example.org, fax (360) 596-4015, by September 9, 2010.
Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by September 7, 2010, (360) 596-4017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Provides clarifying language which would remove redundant information from WAC 204-10-140 and outline definition for terms used in WAC 204-10-140 under WAC 204-10-020.
Reasons Supporting Proposal: Provides clarifying language.
Statutory Authority for Adoption: RCW 46.37.005 and 46.37.320.
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: Washington State Patrol, General Administration Building, P.O. Box 42600, Olympia, WA 98504-2600, (360) 596-4017.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The language being removed is already codified under another section in chapter 204-21 WAC. It is not anticipated that there will be a cost to small businesses associated with this proposed change.
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 email@example.com.
July 28, 2010
John R. Batiste
AMENDATORY SECTION(Amending WSR 08-19-104, filed 9/17/08, effective 10/18/08)
WAC 204-21-020 Definitions. (1) "Agricultural equipment" means any farm vehicle required by RCW 46.37.160 to have hazard warning lamps.
(2) "Animal control vehicle" means any vehicle, either publicly or privately owned, which is used primarily for transportation of animals to or from animal shelters, humane society facilities, or veterinary medicine facilities.
(2))) (3) "Authorized emergency vehicle" means any
vehicle of any fire department, police department, sheriff's
office, coroner, prosecuting attorney, Washington state
patrol, ambulance service, public or private, licensed by the
department of social and health services or operated by any of
the agencies named above, or any other vehicle authorized in
writing by the state patrol.
(3))) (4) "CFR" means the Code of Federal Regulations.
(4))) (5) "Deceleration warning light," excluding stop
lamps, means a device that indicates to a following driver the
deceleration of the vehicle ahead.
(5))) (6) "Electronic light modulation" means the
periodic change in intensity of light, controlled by an all
electric modulating device in the electrical circuit of the
(6))) (7) "Electronic modulation" means using one
hundred percent electronic circuitry instead of mechanical
(7))) (8) "Emergency tow truck" means a motor vehicle
that is especially designed and constructed principally for
the purpose of recovery and/or towing of disabled, abandoned
or damaged vehicles and not otherwise generally used in
transporting goods or persons.
(8))) (9) "Flashing" means any lamp which emits a beam
of light which is broken intermittently and regularly by use
of an electronic or electric switch, a rotating reflector, a
rotating lamp, or a strobe lamp; or a lamp which emits a
steady beam of light which is intermittently and regularly
directed away from any viewer by means of a rotating or
oscillating reflector or lamp assembly. Flashing lamps are
not to be confused with modulated lamps which intermittently
and regularly decrease the power to the lamp filament so as to
dim the light output but do not cause a total break in the
(9))) (10) "FMVSS" means the Federal Motor Vehicle
Safety Standards 49 Code of Federal Regulations (CFR) Part
(10))) (11) "Hazardous materials response team vehicle"
means any vehicle either publicly or privately owned which is
used for responding to hazardous materials incidents.
(11))) (12) "Headlamp flashing system" means an
automatic method for controlling the high beams from the
headlamps so that they can be alternately flashed in sequence
on opposite sides of the front of the vehicle as a warning
(12))) (13) "Industrial equipment" means any vehicle
which is authorized to use amber lamps under WAC 204-21-130
for the purpose of landscaping, construction services,
loading, digging, grounds keeping, and highway maintenance.
(14) "Law enforcement agency" means any municipal, port district or tribal police department, county police department or sheriff's office, the Washington state patrol, or any other state or federal agency which is publicly authorized to carry out law enforcement duties which include the authority to stop and detain motor vehicles on the public highways of this state.
(13))) (15) "Law enforcement vehicle" means a publicly
owned or leased vehicle operated by a law enforcement agency
and which is used for the law enforcement functions of the
(14))) (16) "Other construction and maintenance
vehicle" means any vehicle owned or operated by a private
company which is in the process of providing highway
construction or maintenance services or is working in
conjunction with any public utility.
(15))) (17) "Oversize unit" means any vehicle towing a
load that exceeds legal dimensions which may be equipped with
flashing amber lights in addition to any other lights required
(16))) (18) "Percent modulation" equals time-weighted
power input with modulation to headlamp divided by
time-weighted power input without modulation to headlamp times
(17))) (19) "Pilot car" means any vehicle which is used
to provide escort for overlegal size loads upon the roadways
of this state.
(18))) (20) "Private carrier bus" means every motor
vehicle designed for the purpose of carrying passengers
(having a seating capacity for eleven or more persons) used
regularly to transport persons in furtherance of any organized
agricultural, religious or charitable purpose. Such term does
not include buses operated by common carriers under a
franchise granted by any city or town or the Washington public
(19))) (21) "Public utilities vehicle" means any
vehicle used for construction, operations, and maintenance,
and which is owned or operated by a public or private utility,
including, but not limited to, companies providing water,
electricity, natural gas, telephone, television cable
services, and railroads.
(20))) (22) "Rural newspaper carrier vehicle" means any
vehicle driven on rural roads by carriers delivering
newspapers on their route.
(21))) (23) "SAE" means the Society of Automotive
Engineers. Copies of SAE Standards are available for review
at the Washington State Patrol, P.O. Box 42600, Olympia, WA
98504-2600, and may also be ordered from the Society of
Automotive Engineers International, 400 Commonwealth Drive,
Warrendale, PA 15096-0001.
(22))) (24) "Search and rescue team vehicle" means any
vehicle either publicly or privately owned which is used for
responding to search and rescue situations.
(23))) (25) "Signal lamps" means red lamps mounted on
the vehicle to be used in conjunction with the "stop signal"
when the bus is loading or unloading passengers under certain
(24))) (26) "Tow truck" means any vehicle engaged in
removing disabled or abandoned vehicles from the roadway and
which is used primarily for that purpose.
[Statutory Authority: RCW 46.37.005 and 46.37.320. 08-19-104, § 204-21-020, filed 9/17/08, effective 10/18/08.]
AMENDATORY SECTION(Amending WSR 08-19-104, filed 9/17/08, effective 10/18/08)
WAC 204-21-140 Flashing warning lamps. Flashing warning lamps may be mounted at any height and must:
(1) Meet the SAE Standards outlined for the type of vehicle as outlined in the table below.
|Vehicle Type||Standard Adopted|
|Agricultural equipment||SAE J974|
|Industrial equipment||SAE J96|
[Statutory Authority: RCW 46.37.005 and 46.37.320. 08-19-104, § 204-21-140, filed 9/17/08, effective 10/18/08.]