Original Notice.

Preproposal statement of inquiry was filed as WSR 99-09-049.

Title of Rule: WAC 204-10-020 Lighting devices and 204-90-140 Electrical system requirements.

Purpose: To regulate headlamps according to federal motor vehicle safety standards (FMVSS).

Statutory Authority for Adoption: RCW 46.37.005, 46.37.320.

Summary: To allow sightly blue tinted headlamps that meet FMVSS and SAE standards.

Reasons Supporting Proposal: To meet a National Highway Traffic Safety Association (NHTSA) recommendation.

Name of Agency Personnel Responsible for Drafting: Ms. Carol Morton, P.O. Box 42635, (360) 412-8934; Implementation and Enforcement: Commander Jim LaMunyon, P.O. Box 42600, (360) 586-2340.

Name of Proponent: Washington State Patrol, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule regulates headlamps.

The change updates the WAC to current practices and standards of safety set by FMVSS and SAE.

Proposal Changes the Following Existing Rules: It deletes the Canadian standard which no longer exist.

It allows slightly blue tinted headlamps which meet FMVSS standards and SAE.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The change allows newer headlamps which benefit business and consumers.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Washington State Patrol Commercial Vehicle Conference Room, Ground Floor, General Administration Building, 210 11th S.W., Olympia, WA 98504, on August 3, 1999, at 10 a.m.

Assistance for Persons with Disabilities: Contact Cami Feek by August 2, 1999, (360) 753-0678.

Submit Written Comments to: Ms. Carol Morton, P.O. Box 42635, Olympia, WA 98504, fax (360) 493-9090.

Date of Intended Adoption: August 4, 1999.

June 10, 1999

R. M. Leichner

for Annette M. Sandberg

Chief

OTS-2958.1

AMENDATORY SECTION(Amending WSR 98-19-040, filed 9/11/98, effective 10/12/98)

WAC 204-10-020
Lighting devices.

Aftermarket neon lighting devices may not be used on motor vehicles while they are in motion on public roadways.

(1) Federal Motor Vehicle Safety Standard (FMVSS) 108 ((is)) and Society of Automotive Engineers (SAE) J 578 are hereby adopted by references as the standards for the following aftermarket lighting devices:

(a) Headlamps (((shall be white only) (SAE J578)))

(b) Taillamps

(c) Stoplamps

(d) License plate lamps

(e) Turn signal lamps

(f) Side marker lamps

(g) Intermediate side marker lamps

(h) Backup lamps

(i) Identification lamps

(j) Clearance lamps

(k) Parking lamps

(l) Reflex reflectors

(m) Intermediate reflex reflectors

(n) Intermediate side reflex reflectors

(o) Intermediate side marker reflectors

(p) Turn signal operating units

(q) Turn signal flashers

(r) Vehicular hazard warning signal operating units

(s) Vehicular hazard warning signal flashers

(((2) Canadian Standards Association Standard D106.2 is hereby adopted by reference as the standard for the following lighting devices:

(a) Aftermarket headlamps (quartz-halogen nonsealed beam - shall be white only).

(i) Motorcycle headlamps may comply with either Federal Motor Vehicle Safety Standard 108 or Canadian Standard D106.2.

(b) Fog lamps.  Fog lamps may comply with either Standard D106.2 or SAE Standard J583 as set forth in subsection (3)(a) of this section.

(3))) (2) Society of Automotive Engineers standards are hereby adopted by reference as the standard for the following lighting devices:

(a) Fog lamps (SAE J583), aftermarket fog lamps shall be white to amber only

(b) Fog tail lamps (SAE J1319)

(c) Auxiliary driving lamps (SAE J581), shall be white only and are not intended to be used alone or with the lower beam of a standard headlamp system

(d) Auxiliary low beam lamps (or auxiliary passing lamps) (SAE J582)

(e) Spot lamps (SAE J591)

(f) Cornering lamps (SAE J852)

(g) Supplemental high-mounted stop and rear turn signal lamps (SAE J1957 and J2068)

(h) Side turn signal lamps (SAE J914)

(i) 360 degree emergency warning lamps (SAE J845)

(j) Flashing warning lamps for agricultural equipment (SAE J974)

(k) Flashing warning lamps for authorized emergency, maintenance, and service vehicles (SAE J595)

(l) Flashing warning lamp for industrial equipment (SAE J96)

(m) Warning lamp alternating flashers (J1054)

(n) Green lamp for use on volunteer fireman's private vehicle (SAE J595) - flashing warning lamps for authorized emergency, maintenance, and service vehicles.

(i) Color of the lens shall be green as that color is described in SAE Standard J578 (Color specifications for electric signal lighting devices) rather than red or amber as specified in SAE J595.

(o) Side cowl, fender, or running board courtesy lamps (SAE J575)

(((4))) (3) Standards promulgated by the commission on equipment for the following lighting devices shall be as set forth in the Washington Administrative Code chapters as indicated:

(a) Deceleration alert lamp system (chapter 204-62 WAC)

(b) Headlamp modulator (chapter 204-78 WAC)

(c) Headlamp flashing system (chapter 204-80 WAC)

(d) School bus warning lamps (chapter 204-74 WAC)

(e) Additional hazard strobe lamp. Municipal transit vehicles (as defined in RCW 46.04.355) may be equipped with a single additional hazard strobe lamp. Such lamps must meet the Class I requirements of SAE Standard J1318

(i) A clear lens strobe lamp, less than eight inches in height, may be mounted on the centerline of the roof in the rear one-half of the bus

(ii) The hazard strobe lamp will be activated by a switch independent of all other lamp switches. The hazard strobe lamp switch shall be plainly labeled and have a pilot lamp that shall indicate when the lamp is in operation

(iii) The use of a hazard strobe lamp is permitted only when the bus is occupied with passengers and one or more of the following conditions exist:

(A) The bus is in motion in inclement, sight obscuring conditions, including, but not limited to rain, fog, snow, and smoke;

(B) There is a need to improve the visibility of the bus when stopping, standing, or starting onto a highway or there is limited visibility caused by geographic hazards, such as winding roadways, hills, trees, etc.

The strobe lamp shall not be activated solely because of darkness.

[Statutory Authority: RCW 46.37.005 and 46.37.320.  98-19-040, § 204-10-020, filed 9/11/98, effective 10/12/98; 98-04-053, § 204-10-020, filed 1/30/98, effective 3/2/98.  Statutory Authority: RCW 46.37.005.  83-11-028 (Order 83-05-01), § 204-10-020, filed 5/13/83.  Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.280, 46.37.310, 46.37.320 and 46.37.380.  81-18-008 (Order 81-08-02), § 204-10-020, filed 8/21/81.]

OTS-2957.2

AMENDATORY SECTION(Amending WSR 98-04-052, filed 1/30/98, effective 3/2/98)

WAC 204-90-140
Electrical system requirements.

NOTE: The lamps on special motor vehicles shall comply with standards contained in chapter 204-72 WAC.

(1) Dimmer switch: The headlamp circuit shall be equipped with a driver-controlled high and low beam selector switch unless the vehicle is equipped with single beam headlamps.

(2) Hazard warning switch: A Type II special motor vehicle shall be equipped with a hazard warning switch causing all turn signal lamps to flash simultaneously.

(3) Headlamp switch: The headlamp switch shall activate the headlamps, tail lamps, license plate lamp, and when required, marker lamps simultaneously.

(4) Headlamp system: Aftermarket headlamps shall ((be white only)) comply with Federal Motor Vehicle Safety Standard (FMVSS) 108 and Society of Automotive Engineer (SAE) J578.  A special motor vehicle shall be equipped with two headlamp units or two pairs of headlamp units mounted at the same height, equidistant of each side of the vertical centerline, and as far apart as practical.  Headlamp systems shall conform to the requirements of chapter 46.37 RCW.  The headlamps shall be mounted on the front forward of the windshield in a plane through the longitudinal centerline of the vertical.  The headlamps shall be mounted not less than 24 inches nor more than 54 inches (72 inches for trucks) above the road surface when measured to the headlamp center.  Lamp sub-body(ies) shall be constructed with adequate adjustments to afford proper aiming of the headlamp(s) in compliance with chapter 204-72 WAC.  Alternative headlamp systems shall comply with FMVSS 108.

(5) High beam indicator: An indicator shall be provided which indicates to the driver when the high beams of the headlamp system are energized.  The indicator shall emit a light other than white plainly visible to the driver under normal driving conditions.

(6) Horn: A special motor vehicle shall be equipped with an operable horn capable of emitting sound audible under normal conditions from a distance of not less than 200 feet.  No horn or other warning device shall emit an unreasonably loud or harsh sound or whistle nor shall a bell or siren be used as a warning device.  The device used to actuate the horn shall be easily accessible to the driver when operating the vehicle.

(7) License plate lamp: At least one white lamp shall be provided at the rear license plate which clearly illuminates the license plate to a distance of 50 feet.

(8) A special motor vehicle, if equipped with an automatic transmission, shall be equipped with a safety switch that prevents the starter motor from being actuated except when the gear selector is in the neutral or park position.

(9) Parking lamps: Two white to yellow (amber) parking lamps, in compliance with FMVSS 108, shall be mounted on the front, one on each side and equidistant from the vertical centerline, at the same height, and as far apart as practical.  The parking lamps shall be mounted not less than 15 inches nor more than 72 inches above the roadway.  Type I vehicles not originally equipped with parking lamps are exempt from this requirement.

(10) Reflex reflectors: Two red Class A reflectors, in compliance with FMVSS 108, shall be mounted on the rear, symmetrically disposed about the vertical centerline.  The reflex reflectors shall be mounted not less than 15 inches nor more than 72 inches above the roadway.

(11) Stop lamps: Two red stop lamps, in compliance with FMVSS 108, shall be mounted on the rear, one on each side equidistant from the vertical centerline of the vehicle, at the same height, and as far apart as practical.  The stop lamps shall be mounted not less than 15 inches nor more than 72 inches above the roadway.  Type I vehicles, which were originally equipped with only one stop lamp, need not be equipped with two lamps, providing the lamp is located in accordance with the original design configuration.

(12) Tail lamp system: Two red lamps, in compliance with FMVSS 108, shall be mounted on the rear, one on each side equidistant from the vertical centerline, at the same height, and as far apart as practical.  The tail lamps shall be mounted not less than 15 inches nor more than 72 inches above the roadway.  Type I vehicles, which were originally equipped with only one tail lamp, need not be equipped with two tail lamps providing the original lamp is located in accordance with the original design configuration.

(13) Turn signal lamps (combination lighting devices are acceptable.): Two Class A red or yellow (amber) turn signal lamps and two Class A yellow (amber) turn signal lamps, in compliance with FMVSS 108, shall be mounted as follows: At or near the front, one yellow (amber) lamp on each side equidistant from the vertical centerline, at the same height, and as far apart as practical.  On the rear, one red or yellow (amber) lamp on each side equidistant from the vertical centerline, at the same height, and as far apart as practical.  All turn signal lamps shall be mounted not less than 15 inches nor more than 83 inches above the roadway.  Type I vehicles are exempt from turn signal requirements if not originally equipped.

(14) Turn signal switch: A special motor vehicle (if equipped with turn signals) shall be equipped with a switch controlled by the operator of the vehicle which shall cause the turn signal lamps to function.  The switch shall be self-cancelling and capable of cancellation by a manually-operated control.

(15) Turn signal indicator: If the front signal lamp(s) are not readily visible to the driver, there shall be an illumination indicator to give the operator a clear, unmistakable indication that the turn signal system is on.  The illumination indicator shall consist of one or more bright lights flashing at the same frequency as the signal lamps, and it shall emit a light other than white.

(16) Aftermarket neon lighting devices may not be used on motor vehicles while they are in motion on public roadways.

[Statutory Authority: RCW 46.37.005 and 46.37.320.  98-04-052, § 204-90-140, filed 1/30/98, effective 3/2/98.  Statutory Authority: RCW 46.37.005.  83-11-028 (Order 83-05-01), § 204-90-140, filed 5/13/83.]

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