Original Notice.

     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 melissa.vangorkom@wsp.wa.gov, 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 wsprules@wsp.wa.gov.

July 28, 2010

John R. Batiste

Chief

OTS-3329.1

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 lighting system.

     (((6))) (7) "Electronic modulation" means using one hundred percent electronic circuitry instead of mechanical metallic switches.

     (((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 light beam.

     (((9))) (10) "FMVSS" means the Federal Motor Vehicle Safety Standards 49 Code of Federal Regulations (CFR) Part 571.

     (((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 signal.

     (((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 agency.

     (((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 by law.

     (((16))) (18) "Percent modulation" equals time-weighted power input with modulation to headlamp divided by time-weighted power input without modulation to headlamp times one hundred.

     (((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 utilities commission.

     (((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 conditions.

     (((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.]

OTS-3330.1

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
((Authorized emergency maintenance, volunteer firefighter, and service vehicles	SAE J595))
Industrial equipment	SAE J96

     (2) Be mounted so that the entire projected area of the lens is visible from all eye heights of drivers of other vehicles at angles within forty-five degrees left to forty-five degrees right of the front of the vehicle. If the light within these required angles is blocked by the vehicle or any substantial object on it, an additional warning lamp must be displayed within the obstructed angle.

[Statutory Authority: RCW 46.37.005 and 46.37.320. 08-19-104, § 204-21-140, filed 9/17/08, effective 10/18/08.]

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