Title of Rule and Other Identifying Information: WAC 446-65-010 Transportation requirements.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kimberly Mathis, 106 11th Avenue S.W., Olympia, WA 98504, 360-596-4017.
This notice meets the following criteria to use the expedited adoption process for these rules:
Content is explicitly and specifically dictated by statute.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Ms. Kimberly Mathis, Washington State Patrol, 106 11th Avenue S.W., Olympia, WA 98504, phone 360-596-4017, email wsprules@wsp.wa.gov, AND RECEIVED BY March 22, 2021.
John R. Batiste
(1) The Washington state patrol hereby adopts the following parts of Title 49 Code of Federal Regulations (C.F.R.), as they exist on October 1, 2017, for motor carriers used in intrastate or interstate commerce in their entirety:
(a) Part 40 Procedures for transportation workplace drug and alcohol testing programs.
(b) Part 325 Compliance with interstate motor carrier noise emission standards.
(c) Part 350 Commercial motor carrier safety assistance program.
(d) Part 355 Compatibility of state laws and regulations affecting interstate motor carrier operations.
(e) Part 365 Rules governing applications for operating authority.
(f) Part 367 Standards for registration with states.
(g) Part 372 Exemptions, commercial zones and terminal areas.
(h) Part 373 Receipts and bills.
(i) Part 376 Lease and interchange of vehicles.
(j) Part 379 Preservation of records.
(k) Part 380 Special training requirements.
(l) Part 381 Waivers, exemptions, and pilot programs.
(m) Part 382 Controlled substances and alcohol use and testing.
(n) Part 383 Compliance with commercial driver's license program.
(o) Part 385 Safety fitness procedures.
(p) Part 387 Minimum levels of financial responsibility for motor carriers.
(q) Part 390 General.
(r) Part 391 Qualification of drivers. Provided that 49 C.F.R. 391 subpart D (Tests), and E (Physical Qualifications and Examinations) do not apply to motor carriers operating vehicles with gross vehicle weight rating between 10,001 lbs. and 26,000 lbs. operating intrastate, and not used to transport hazardous materials in a quantity requiring placarding.
(s) Part 392 Driving of motor vehicles.
(t) Part 393 Parts and accessories necessary for safe operation.
(u) Part 395 Hours of service of drivers: Except if a company has drivers of commercial motor vehicle of any size, hauling logs from the point of production or driving in dump truck operations in intrastate commerce provided that:
(i) The driver must:
(A) Operate within a one hundred air-mile radius of the location where the driver reports to work and the driver must return to the work reporting location at the end of each duty tour;
(B) Have at least ten consecutive hours off duty separating each on-duty period;
(C) Not drive:
• More than twelve hours following at least ten hours off duty; or
• After the fourteenth hour after coming on duty on at least five days of any period of seven consecutive days; and
• After the sixteenth hour after coming on duty on no more than two days of any period of seven consecutive days; and
• After having been on duty for eighty hours in seven consecutive days if the employing motor carrier does not operate commercial motor vehicle every day of the week; or
• After having been on duty for ninety hours in eight consecutive days if the employing motor carrier operates commercial motor vehicle every day of the week; in any period of seven or eight consecutive days may end with the beginning of any off-duty period of twenty-four or more consecutive hours.
(ii) The motor carrier that employs the driver must maintain and retain for a period of twelve months accurate and true time recordings showing:
(A) The time the driver reports for duty each day;
(B) The total number of hours the driver is on duty each day;
(C) The total number of hours the driver drives each day;
(D) The time the driver is released from duty each day; and
(E) The total time the driver is driving and on duty for the preceding seven days.
(v) Part 396 Inspection, repair, and maintenance.
(w) Part 397 Transportation of hazardous materials; driving and parking rules.
(2) As provided in Part 395, exemption for agricultural transporters, the harvest dates are defined ((
as starting February 1 and ending November 30 of each year))
in RCW 46.32.130.
(3) Links to the C.F.Rs. are available on the Washington state patrol website at www.wsp.wa.gov. Copies of the C.F.Rs. may also be ordered through the United States Government Printing Office, 732 N. Capitol Street N.W., Washington, D.C. 20401.