Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-17-017.

     Title of Rule and Other Identifying Information: Minor revisions to chapter 468-400 WAC, Bicycle racing.

     Hearing Location(s): 310 Maple Park Avenue, Transportation Commission Board Room, Room 1D2, Olympia, WA 98504, on November 10, 2010, at 10:30 a.m.

     Date of Intended Adoption: November 10, 2010.

     Submit Written Comments to: Cathy Cooper, P.O. Box 47344, Olympia, WA 98504-7344, e-mail cooperc@wsdot.wa.gov, fax (360) 705-6826, by November 8, 2010.

     Assistance for Persons with Disabilities: Contact department of transportation by November 8, 2010, (360) 705-7000.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is editorial, for updating and clarification purposes only, and is not intended to affect or alter current practice or procedure.

     Reasons Supporting Proposal: The proposal updates terms and phrases to accurately reflect current national practices associated with traffic control for bicycle races utilizing state highways.

     Statutory Authority for Adoption: RCW 47.36.030.

     Statute Being Implemented: None.

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Under WAC 468-400-040(7), the event liability insurance threshold is raised from one million dollars to two million dollars to reflect accepted current practice for special events utilizing state highways.

     Name of Proponent: Washington state department of transportation, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cathy Cooper, Olympia, Washington, (360) 705-7411.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule is exempt from the small business economic impact statement process under RCW 19.85.025(3) and 34.05.310 (4)(c) and (d). There is no economic impact to small business because bicycle racing is a voluntary recreational activity.

     A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is exempt under RCW 34.05.328 (5)(b)(iii) and (iv). The rule does not change federal regulations or Washington state law. The rule updates and clarifies terms and phrases to accurately reflect current national practices associated with traffic control for bicycle races utilizing state highways.

October 6, 2010

Stephen T. Reinmuth

Chief of Staff

OTS-3502.1

AMENDATORY SECTION(Amending Order 171, filed 2/26/98, effective 3/29/98)

WAC 468-400-010   Policy.   It is the policy of the Washington state department of transportation (department) to permit bicycle racing on state highways in accordance with the conditions and regulations set forth in this ((code)) chapter and the latest edition of the "Washington State Bicycle Racing Guidelines."

[Statutory Authority: Chapters 34.05 and 34.08 RCW. 98-06-029 (Order 171), § 468-400-010, filed 2/26/98, effective 3/29/98.]

     (1) Duathlon, triathlon, or multisport event. ((A)) Duathlons, triathlons, or multisport ((race)) events are competitions in which bicycle racing forms an essential component ((of the complete event)). The bicycle race portion of these events is conducted similar to a time trial.

     (2) Time trial. Time trials are events in which individuals or small teams of riders, separately ride the same route and distance for elapsed time. Time trials are generally started at preset intervals and held on an out-and-back or circuit course.

     (3) Criterium. Criteriums are massed start, high speed bicycle race events in which riders race around a closed circuit course to compete for order of finish. Criteriums are usually held on closed urban or suburban public streets. The course is normally one-half to one mile ((in length)) long.

     (4) Road race. Road races are massed start events in which riders complete a race course for order of finish. The course may be point-to-point, a large circuit, or repeated laps of a shorter circuit. Road races are usually held on rural or suburban roads, but may also ((take place on)) utilize urban streets.

     (5) Rolling enclosure. A rolling enclosure is a type of traffic control where escort vehicles form ((a)) an enclosed caravan for the exclusive use of bicyclists, by leading and following a group of racers. The enclosure ((sets aside a moving part of)) moves along the roadway in the direction of the race ((for exclusive use of bicyclists)). Racers inside the enclosure are not required to follow the normal rules of the road but are controlled by the rules set forth in the "Washington State Bicycle Racing Guidelines." Racers are not allowed to cross the ((center line)) roadway centerline unless the entire road is traffic controlled. A rolling enclosure is the typical traffic control ((used to run)) strategy for a road race.

[Statutory Authority: Chapters 34.05 and 34.08 RCW. 98-06-029 (Order 171), § 468-400-020, filed 2/26/98, effective 3/29/98.]

[Statutory Authority: Chapters 34.05 and 34.08 RCW. 98-06-029 (Order 171), § 468-400-030, filed 2/26/98, effective 3/29/98.]

     (2) Bicycle race permit requests must include a race description stating all the pertinent information required to understanding the bicycle race event. The request must include a map showing the roadway on which the race will be held. Applications must specify the number of escort vehicles on the roadway used to ((run a)) conduct the race, starting and anticipated ((finish)) finishing time, maximum number of racers, number and training of course marshals, types of signing, and communications equipment.

     (3) Approval of other involved jurisdictions shall be obtained prior to formal issuance of a bicycle race permit from the ((WSDOT)) department.

     (4) If the race only crosses a state highway, the ((WSDOT)) department region administrator may waive the need for a bicycle race permit provided the permittee can show that reasonable traffic control and safety are provided by the organizer and other road authority: Provided further, That the permittee provide the indemnification and liability insurance prescribed in subsections (6) and (7) of this section.

     (5) Bicycle racing will not normally be allowed on the Interstate Highway System.

     (6) The permittee shall indemnify, defend and save harmless the state of Washington for any claim, suit, action for injuries, death or any other cause of personal injury or property damage arising from the issuance of a bicycle race permit, including claims of race participants, pedestrians, or other roadway users.

     (7) The permittee shall obtain liability insurance in an amount no less than ((one)) two million dollars to cover the state of Washington for any and all liabilities, including all costs, attorney fees, judgments or other expenses, arising ((out of)) from the use of state highways for the bicycle race event. The state shall be named as an additional insured on all insurance policies. When motor vehicles participate during the event, liability insurance for those vehicles is also required.

     (8) When five or more vehicles are lined up behind a bicycle race and delayed for more than five minutes, the bicycle race shall be neutralized at a place of safety to allow the delayed vehicles to pass.

     (9) Requests for bicycle race permits must comply with the ((current WSDOT)) latest edition of the department's "Washington State Bicycle Racing Guidelines."

     (10) The original or certified copy of the permit must be available at the bicycle race for the duration of the bicycle race event.

     ((Copies of)) The "Washington State Bicycle Racing Guidelines" may be obtained from the ((WSDOT bicycle and pedestrian program or a WSDOT region office)) department's web site.

[Statutory Authority: Chapters 34.05 and 34.08 RCW. 98-06-029 (Order 171), § 468-400-040, filed 2/26/98, effective 3/29/98.]

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