DEPARTMENT OF TRANSPORTATION

[Filed March 1, 2019, 11:03 a.m., effective April 1, 2019]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The proposal creating WAC 468-38-435 was initiated by federal regulation in Fixing America's Surface Transportation Act (FAST Act).

The first section of the proposal exempts up to two thousand pounds for vehicles operated by an engine fueled primarily by natural gas up to eighty-two thousand pounds. This proposal is consistent with FAST Act §1410; 23 U.S.C. 127(s).

The second section of the proposal increases legal weights to emergency vehicles on the interstate including one mile access to and from the interstate. The proposal is consistent with FAST Act §1410; 23 U.S.C. 127(r).

Washington is required to certify annually regarding compliance to federal size and weight requirements. This rule change brings Washington into compliance with FAST Act.

Citation of Rules Affected by this Order: New WAC 468-38-435, sections 1 and 2.

Statutory Authority for Adoption: RCW 46.44.098, 46.44.090.

Other Authority: 23 U.S.C 127.

Adopted under notice filed as WSR 19-03-113 on January 16, 2019.

Number of Sections Adopted in Order to Comply with Federal Statute: New 2, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 2, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 28, 2019.

Kara Larsen, Director

Risk Management and Legal Services

WAC 468-38-435Federal weight increases on the interstate system.

(1) Are there any weight exemptions for natural gas engines?

Yes, for the interstate system and no more than one mile access to and from the interstate system, natural gas vehicles, if operated by an engine fueled primarily by natural gas, may exceed vehicle weight limits set in RCW 46.44.041 up to two thousand pounds with a maximum gross vehicle weight of eighty-two thousand pounds. The increase in weight shall equal the difference between:

(a) The weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and

(b) The weight of a comparable diesel tank and fueling system.

(2) What weights are authorized for emergency vehicles to travel on the interstate system?

(a) Emergency vehicles may operate without a permit on the interstate system and no more than one mile to and from the interstate system to a maximum gross vehicle weight of eighty-six thousand pounds and axle weights of:

(i) Twenty-four thousand pounds on a single steering axle;

(ii) Thirty-three thousand five hundred pounds on a single drive axle;

(iii) Sixty-two thousand pounds on a tandem axle; or

(iv) Fifty-two thousand pounds on a tandem rear drive steer axle.

(b) In this section, the term emergency vehicle means a vehicle designed to be used under emergency conditions:

(i) To transport personnel and equipment; and

(ii) To support the suppression of fires and mitigation of other hazardous situations.

(3) Operators of emergency vehicles described in this section shall check their route on Washington state department of transportation, commercial vehicle services web site for restrictions prior to travel. These vehicles shall obtain approval/permit from the local jurisdiction when traveling on any local roads. Any firefighting apparatus or emergency vehicle shall obtain a permit from commercial vehicles services office prior to traveling on state highways that are not part of the interstate system if their weights exceed what is prescribed in RCW 46.44.190(4).