WSR 15-15-129 PROPOSED RULES WASHINGTON STATE PATROL [Filed July 17, 2015, 6:33 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-12-047.
Title of Rule and Other Identifying Information: Chapter 204-44 WAC, Standards for load fastening devices.
Hearing Location(s): General Administration Building, 210 11th Avenue S.W., Room G-3, Olympia, WA 98504, on August 26, 2015, at 10:00 a.m.
Date of Intended Adoption: August 27, 2015.
Submit Written Comments to: Melissa Van Gorkom, Washington State Patrol, Equipment Standards Unit, P.O. Box 42600, Olympia, WA 98504, e-mail wsprules@wsp.wa.gov, fax (360) 596-4015, by August 21, 2015.
Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by August 14, 2015, (360) 596-4017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes to chapter 204-44 WAC include, but may not be limited to, cleanup, grammatical and formatting changes that are needed. Updates to standards relating to the safe securing of all loads.
Reasons Supporting Proposal: Provides clarifying language to the statute and cleanup throughout the chapter.
Statutory Authority for Adoption: RCW 46.37.005, 46.37.490, 46.61.655.
Statute Being Implemented: RCW 46.37.005, 46.37.490, 46.61.655.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state patrol, governmental.
Name of Agency Personnel Responsible for Drafting: Michael Pry, P.O. Box 42600, Olympia, WA 98504, (360) 596-4019; Implementation and Enforcement: Washington State Patrol, P.O. Box 42600, Olympia, WA 98504, (360) 596-4000.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There are no new impacts on businesses.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Melissa Van Gorkom, Washington State Patrol, P.O. Box 42600, Olympia, WA 98504, phone (360) 596-4017, fax (360) 596-4015, e-mail wsprules@wsp.wa.gov.
Cost-Benefit Analysis
SUMMARY OF PROPOSED RULES: The Washington state patrol equipment and standards review (ESR) unit is proposing amendments to chapter 204-44 WAC.
The purpose of the chapter is to set the standards for safely securing loads carried by vehicles.
The proposed major changes to the chapter are:
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. Those impacted by these rules include: State troopers, commercial vehicle enforcement officers, local law enforcement agencies, commercial vehicle companies and operators, and the motoring public.
COSTS: ESR analysis revealed that costs, if any, imposed by the proposed amendments would be only minor, if any costs at all.
BENEFITS: Several benefits will result from the adoption of the proposed amendments. These benefits include:
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-making process.
Please contact Michael Pry if you have any questions at (360) 596-4019.
July 13, 2015
John R. Batiste
Chief
AMENDATORY SECTION (Amending WSR 90-06-055, filed 3/5/90, effective 4/5/90)
WAC 204-44-010 Promulgation.
Under authority of RCW 46.37.005 ((and)), 46.37.490, and 46.61.655, the ((state)) patrol hereby adopts the following rules pertaining to the use of safety chains or other devices on vehicles to secure and protect the loads thereon.
NEW SECTION
WAC 204-44-012 Definitions.
(1) "Patrol" means the Washington state patrol.
(2) "Securely fastened" as used in RCW 46.37.490, 46.61.655, and this chapter means that the load will be secured using an adequate number of approved tiedown devices to prevent the load from shifting or dropping from the vehicle.
NEW SECTION
WAC 204-44-014 Approved tiedown devices.
(1) The following types of tiedown devices are approved by the patrol:
(a) Steel chain;
(b) Steel cable;
(c) Steel strapping; and
(d) Fiber webbing.
(2) Tiedown devices for a commercial motor vehicle must:
(a) Have a minimum breaking strength of at least 15,000 pounds, except that tiedown devices used to secure baled hay and baled straw may have a breaking strength of not less than 9,000 pounds.
(b) Meet or exceed federal standards contained in 49 C.F.R. 393.102.
(3) Tiedown devices used for all vehicles other than commercial vehicles must have a breaking strength sufficient for the weight of the load being carried.
AMENDATORY SECTION (Amending WSR 78-10-100, filed 10/3/78)
WAC 204-44-020 ((Load fastening devices.)) Securing logs.
(([(1)])) (1) Any motor truck, truck tractor, trailer, semi-trailer, or any combination thereof, transporting logs upon a public highway where ((binder)) tiedown devices are required, ((shall)) must have the load thereon securely fastened and protected (([as follows:])) as follows:
(a) ((Placement and number of wrappers required)) On log trucks using stakes((.)):
(i) ((In the hauling of)) For one log loads, one wrapper chain or cable ((shall)) will be required and it ((shall)) must be secured to the rear bunk and the log ((shall)) must be properly blocked or secured in a manner which will prevent it from rolling or shifting. An additional wrapper((,)) secured to the front bunk((,)) is optional.
(ii) ((In the hauling of)) For two log loads, not less than two wrapper chains or cables ((shall)) will be used to secure the load. The logs ((shall)) must be properly blocked to prevent them from rolling or shifting.
(iii) ((On)) For loads consisting of three or four logs not over 44 feet in length, the load ((shall)) must be secured by not less than two properly spaced wrapper chains or cables. Ends of short logs not secured by such wrappers ((shall)) must be secured with extra wrappers. If any log is over 44 feet in length, the load ((shall)) must be secured by not less ((that)) than three properly spaced wrappers. If the logs have different lengths, they must be secured so that the longer logs are on the bottom, and each log is secured by not less than two properly spaced wrappers.
(iv) For loads consisting of five or more logs, when the logs are all 17 feet or less in length, ((shall)) they must be secured by not less than two properly spaced wrappers. Loads consisting of five or more logs, when any log is over 17 feet in length, ((shall)) must be secured by not less than three properly spaced wrappers.
(b) ((Placement and number of wrappers required)) On log trucks using chock blocks((.)):
(i) ((In the hauling of)) For one log loads, one wrapper chain or cable ((shall)) will be required and secured to the rear bunk and the log ((shall)) must be properly blocked in a manner to prevent it from rolling or shifting.
(ii) One additional wrapper chain or cable ((shall)) will be required on log trucks using chock blocks over and above the requirements in ((subdivisions)) (a)(iii) and (iv) of this ((section)) subsection, and logs must be properly blocked in a manner to prevent them from rolling or shifting.
(c) ((Placement and number of wrappers required on crosswise loaded trucks, trailers, etc.)) In the case of short logs loaded crosswise, the following method of securing the load ((shall)) must be used if the truck trailer is not provided with solid ends of a height sufficient to prevent any log in the load from rolling off:
(i) Not less than two chock blocks ((shall)) must be used at each open end of the vehicle and the load ((shall)) must be held with at least two wrapper chains or cables. The wrappers ((shall)) must be firmly attached to the end of the truck or trailer.
(ii) Rigid standards or stakes may be used in lieu of chock blocks but each such standard or stake ((shall)) must be either rigidly connected to the bed of the truck or trailer or ((shall)) must be placed in a tight fitting socket at least 12 inches in depth. ((Other means furnishing equivalent security may be acceptable.))
(d) ((Wrapper placement.)) When two wrappers are required, they ((shall)) must be applied within six feet of the front and rear bunks. When more than two wrappers are required, the front and back ((binder shall)) tiedowns must be applied within six feet of the front and rear bunks.
(e) ((Short logs.)) To properly secure short logs, ((binders shall)) tiedowns must be placed near the end, not less than 12 inches from the end of the log.
(f) ((Log on top or in outside saddle.)) No log loaded on top or in outside saddles of a load ((shall)) will be transported unless secured by not less than two wrapper chains or cables, one of which ((shall)) must be placed near each end of such log.
(g) ((Fasten in place.)) All wrappers and ((binders shall)) tiedowns must be fastened in place prior to tightening to prevent the displacement of logs on the top of the load.
(h) ((Surround load.)) All wrapper chains or cables, except in the case of one log loads, ((shall)) must entirely surround the load. This does not apply to gut-wrappers.
(i) ((Gut-wrappers.)) Gut-wrappers, when used, ((shall)) will be adjusted so as to be tightened by, but not carry the weight of the logs above them.
(j) ((Wrappers and binders to be placed before leaving immediate loading area.)) Wrappers and ((binders shall)) tiedowns must be placed and tightened around the completed load before the truck leaves the immediate loading area.
(k) ((Construction of wrappers and binders.)) Wrapper chains or cables, ((binders)) tiedowns, fasteners, or attachments thereof, used for any purpose as required by these standards, ((shall)) must have a minimum breaking strength of not less than 15,000 pounds and ((shall)) must be rigged so that it can be safely released.
(l) ((Bundle straps or banding.)) For the purposes of this standard, applied bundle straps or banding are not acceptable as wrappers and ((binders)) tiedowns.
(m) ((Loose ends secured.)) All loose ends of wrapper chains or cables ((shall)) must be securely fastened so as to prevent their swinging free in a manner that will create a hazard.
(n) ((Trucks in sorting yards.)) Trucks and trailers used around sorting yards, etc., which travel ((as [at])) at slow speeds, will not be required to use wrappers providing all logs are contained by and lie below the height of the stakes and there are no persons on the ground exposed to such traffic.
(o) ((Binder hook design. Binders)) Tiedowns for securing wrappers on logging trucks ((shall)) must be fitted with hooks of proper size and design for the wrapper chain being used.
(p) ((Defective wrappers.)) Wrappers ((shall)) must be removed from service when any of the following conditions exist:
(i) Excessively worn links on chains;
(ii) Deformed or stretched chain links;
(iii) Cracked chain links;
(iv) Frayed, stranded, knotted, or otherwise defective wire rope.
(q) ((Binder extensions.)) Pipe extension handles (swedes) for tightening or securing ((binders shall)) tiedowns must be limited to not longer than 36 inches. ((Care shall be taken that)) A sufficient amount of the pipe must extend((s)) over the ((binder)) tiedown handle.
(r) ((Defective binders.)) Defective ((binders shall)) tiedowns must be immediately removed from service.
(2) Any motor truck, truck tractor, trailer, semi-trailer, or any combination thereof, transporting any load other than logs, upon a public highway where binder devices are required, shall have the load thereon securely fastened and protected by at least two load binders sufficiently strong to withstand all possible strains. The load securing devices shall have a breaking strength of at least 15,000 pounds. Exception: Binders used to secure baled hay and baled straw shall have a breaking strength of not less than 9,000 pounds.))
(2) For illustrations of placement and number of wrappers, see Figures 25 through 35 under WAC 296-54-58950.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement. AMENDATORY SECTION (Amending WSR 93-11-017, filed 5/6/93, effective 6/6/93)
WAC 204-44-040 Securing pole trailers while in transit.
Any empty pole trailer loaded upon any truck-tractor (except pole trailers that straddle the truck-tractor bunks) ((shall)) must be fastened to the truck-tractor by not less than one 5/16" grade seven or better chain and one tensioning or locking device in such a manner as to prevent it from falling or shifting while in transit. The chain ((shall)) must be securely fastened between the forward point on the reach tunnel and a point on the truck-tractor frame or from either axle of the pole trailer to a point directly below the truck-tractor frame or crossmember.
REPEALER
The following sections of the Washington Administrative Code are repealed:
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