Original Notice.

Preproposal statement of inquiry was filed as WSR 00-22-069.

Title of Rule: Chapter 478-116 WAC, Parking and traffic rules of the University of Washington.

Statutory Authority for Adoption: RCW 28B.10.560 and 28B.20.130.

Statute Being Implemented: RCW 28B.10.560 and 28B.20.130.

Summary: The proposed amendments to chapter 478-116 WAC, Parking and traffic rules of the University of Washington, are needed to clarify the change in scope for these rules, add a new type of permit, and amend the fine schedule.

Reasons Supporting Proposal: These rules support the University of Washington's parking, police and transportation organizations and are being amended to reflect current practices as well as proposed amendments.

Name of Agency Personnel Responsible for Drafting: Diana Perey Carter, Director for Transportation Services, 1127 N.E. Boat Street, University of Washington, Seattle, WA, (206) 685-1567; Implementation: Weldon E. Ihrig, Executive Vice-President, 306 Gerberding Hall, University of Washington, Seattle, WA, (206) 543-6410; and Enforcement: Vicky Peltzer, Police Chief, 1117 N.E. Boat Street, University of Washington, Seattle, WA, (206) 543-0521 and Carl Root, Parking Services Manager, 3901 University Way N.E., University of Washington, Seattle, WA, (206) 543-5571.

Name of Proponent: University of Washington, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The University of Washington's parking, police and transportation organizations propose amending chapter 478-116 WAC to clarify the scope of these rules, add a new type of parking permit, and amend the schedule of motor vehicle fines. These rules have not undergone rule making since 1997 and the changes listed above are necessary to reflect current practices, make needed changes, and anticipate rules currently under development.

Proposal Changes the Following Existing Rules: The proposed rules will amend WAC 478-116-010, 478-116-051, 478-116-101, 478-116-111, 478-116-114, 478-116-121, 478-116-145, 478-116-151, 478-116-163, 478-116-201, 478-116-211, 478-116-245, 478-116-255, 478-116-291, 478-116-301, 478-116-311, 478-116-411 and 478-116-605; and repeal WAC 478-116-040 and 478-116-046.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 478-116 WAC does not impose a disproportionate impact on small businesses.

RCW 34.05.328 does not apply to this rule adoption. Chapter 478-116 WAC is not considered a significant legislative rule by the University of Washington.

Hearing Location: Room 309, Husky Union Building (HUB), University of Washington, Seattle, Washington, on May 24, 2001, at 12:00 noon.

Assistance for Persons with Disabilities: Contact UW Disability Services Office by May 14, 2001, TDD (206) 543-6452, or (206) 543-6450.

Submit Written Comments to: Rebecca Goodwin Deardorff, Director, Administrative Procedures Office via U.S. mail: University of Washington, 4014 University Way N.E., Seattle, WA 98105-6203; campus mail: Box 355509; e-mail adminpro@u.washington.edu; or fax (206) 616-6294, by May 24, 2001.

Date of Intended Adoption: June 8, 2001.

March 30, 2001

Rebecca Goodwin Deardorff, Director

Administrative Procedures Office

OTS-4686.1

AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-010   Preamble.   Pursuant to the authority granted by RCW 28B.10.560 and 28B.20.130, the board of regents of the University of Washington establishes the following rules to govern vehicle traffic and parking upon public lands and facilities of the University of Washington in Seattle, Washington.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-010, filed 6/19/97, effective 9/15/97. Statutory Authority: RCW 28B.10.300 and 28B.10.560. 84-10-030 (Order 84-3), 478-116-010, filed 4/30/84. Statutory Authority: RCW 28B.10.560. 78-07-019 (Order 78-3), 478-116-010, filed 6/15/78; Order 75-2, 478-116-010, filed 6/4/75.]

(2) Assign/assignment. Areas designated for a person to park.

(3) Bicycle. Any device defined as a bicycle in chapter 46.04 RCW.

(4) Campus. The state lands located in Seattle, Washington devoted mainly to the activities of the University of Washington.

(5) Designate/designated. Parking area assignment for person to park per WAC 478-116-261.

(6) Fee. A charge for the use of the permit issued.

(7) Hours of operation. The hours of operation assigned by parking services to a particular parking area, parking lot, or parking space ((by parking services)).

(8) Impoundment. The removal of the vehicle to a storage facility either by an officer or authorized agent of the University of Washington police department.

(9) Key card. A plastic card which actuates the automatic gate arms controlling certain parking areas, and is issued by parking services.

(10) Legal owner. Person(s) having a security interest in a vehicle perfected in accordance with chapter 46.12 RCW or the registered owner of a vehicle unencumbered by a security interest.

(11) Motorcycles and scooters. A motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be steered with a handle bar. For the purposes of these rules, motorcycles, motorized bicycles, and scooters are considered to be motor vehicles and are subject to all traffic and parking rules controlling other motor vehicles.

(12) Motorhome. A motor vehicle or portable vehicle with facilities for human habitation which include lodging and cooking and garbage disposal.

(13) Nonmotor/nonmotorized vehicle. A device other than a motor vehicle used to transport persons. Nonmotor vehicles include, but are not limited to, bicycles, skateboards, and roller-skates.

(14) Operator or driver. Every person who drives or is in actual physical control of a motor vehicle or nonmotor vehicle.

(15) Parking space. A space designated for parking one motor vehicle by lines painted on either side of the space, at the rear of the space, a concrete block positioned in the front of the space, a sign or signs, or other markings.

(16) Pedestrian. Any person afoot, as defined in chapter 46.04 RCW.

(17) Permit. A document issued by parking services that authorizes a person to park.

(18) Register/registration. The listing of any motor vehicle with parking services, for the purposes of obtaining a parking permit for the university.

(19) Registered owner. The person whose lawful right of possession of a vehicle has most recently been recorded with any state department of licensing.

(20) Reissue. The replacement of a permit when the original has been stolen, lost, or following a change of parking lot designation, or vehicle(s).

(21) Renewal/renew. The replacement of an expired parking permit at the end of the permit's effective period.

(22) Reserved. Area for individuals who have been assigned a "reserved" designator.

(23) Roller-skate. A device used to attach a wheel or wheels to the foot or feet of a person.

(24) Skateboard. Any oblong board of whatever composition, with a pair of small wheels at each end, which device may be ridden by a person.

(25) Traffic. Vehicular and nonvehicular modes of transportation defined in chapter 46.04 RCW.

(26) University. The University of Washington.

(27) University vehicle. A state of Washington-owned, university-operated motor vehicle.

(28) Vehicle. Any motor vehicle or nonmotor vehicle.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-051, filed 6/19/97, effective 9/15/97.]

(2) Parking services shall allocate parking spaces and hours of operation ((on campus)) in a manner that will best satisfy the objectives of these rules.

(3) Parking services is authorized to issue permits to park ((upon campus)).

(4) Permits issued by parking services shall be accompanied by small area designators specifying the area or areas of parking for which the permit is valid. Parking services may change area assignments in a manner which will promote the objectives of these rules.

(5) All outstanding campus parking violation penalties associated with the permit or motor vehicle registered (or to be registered) under the permit must be satisfactorily settled before a parking permit may be issued, reissued, or renewed.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-101, filed 6/19/97, effective 9/15/97.]

(1) An unexpired and unrecalled vehicle permit and area designator properly registered and displayed on a vehicle in accordance with WAC 478-116-223.

(2) A temporary permit authorized by parking services and displayed in accordance with instructions on the permit.

(3) A parking permit issued by a gate attendant, which shall be displayed face up on the vehicle ((in accordance with instructions on the permit)) dashboard and shall be fully visible from the exterior of the motor vehicle.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-111, filed 6/19/97, effective 9/15/97.]

(2) Permits displaying license plate numbers shall only be used in the vehicles whose license number is written on the permit. ((Only one vehicle may display and use the permit at any time while parked on campus.))

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-114, filed 6/19/97, effective 9/15/97.]

(a) Public safety and emergency vehicles while performing services ((on campus));

(b) Marked taxis, tow trucks, commercial delivery and media vehicles which have agreed to comply with university guidelines and received prior written approval of parking services; and

(c) School buses and tour buses parking in designated locations.

(2) Permits shall be provided during parking service's hours of operation at no cost to the driver for the following:

(a) Commercial delivery motor vehicles under contract to the university, for limited time periods;

(b) Vehicles operated by members of the nonuniversity press presenting recognized credentials, while pursuing a story;

(c) Properly identified persons retired from the university but not reemployed by the university shall be provided complimentary parking. Their parking fee shall be recharged to the appropriate university department;

(d) Persons who drop off and pick up children enrolled in established university programs for limited time periods;

(e) Utility meter readers and other city, county or state agencies making inspections; and

(f) Contractors hired by the university for a particular job parked inside approved fenced construction sites or peripheral contractor parking areas approved in advance by parking services.

(3) University departments may pay parking services directly for the parking fees of their guests. The rate charged will be that of the "departmental commuter ticket." Parking services may establish mechanisms to allow departments to pay for all or part of the parking fee of sponsor department's guests based on the established fee schedule.

(4) University departments may pay parking services directly for the parking fees of their department's employees not stationed on campus who are required to occasionally come to campus. The rate charged will be that of the "departmental commuter ticket."

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-121, filed 6/19/97, effective 9/15/97.]

(2) Gate-issued or machine-issued evening permits are valid only until 7:30 a.m. of the following day.

(3) Evening permit holders, who purchase parking weekdays between 7:30 a.m. - 4:00 p.m., will be charged the appropriate gatehouse entry parking fee.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-145, filed 6/19/97, effective 9/15/97.]

(2) Unless express permission is given by parking services, university vehicles shall abide by the rules set forth in WAC 478-116-253 and 478-116-255.

(3) Unless express permission is given by parking services, university vehicles may park in pay-by-space numbered spaces, timed load/unload zones, and metered spaces only for the maximum time posted.

(4) The operator of a university vehicle is personally liable for any citation issued to the motor vehicle under these rules.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-151, filed 6/19/97, effective 9/15/97.]

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-163, filed 6/19/97, effective 9/15/97.]

(2) Permission to park ((on campus)) shall be shown by display of a valid permit. Possession of a gate key card does not, in itself, constitute permission to park in a designated parking area.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-201, filed 6/19/97, effective 9/15/97.]

(2) Vehicles displaying a disability permit or disability license issued by a state department of licensing shall not be subject to payment of the meter fee during the allowed meter time limit.

(3) Parking services may designate and post certain meters to allow valid permit holders to park at the meter for the allowed meter time without payment.

(4) Motor vehicles parked after the maximum time shall be subject to citation for parking over the posted time limit.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-211, filed 6/19/97, effective 9/15/97.]

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-245, filed 6/19/97, effective 9/15/97.]

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-255, filed 6/19/97, effective 9/15/97.]

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-291, filed 6/19/97, effective 9/15/97.]

(2) The following information shall be printed on the parking citation:

(a) The fine schedule and instructions for payment;

(b) Instruction for contesting the citation, including where to obtain petitions; and

(c) Notice that failure to pay fines or contest the citation within the time specified in ((theses)) these rules can result in the sanctions set forth in WAC 478-116-561.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-301, filed 6/19/97, effective 9/15/97.]

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-311, filed 6/19/97, effective 9/15/97.]

(1) When in the judgment of a university police officer or parking enforcement officer the vehicle is obstructing or may impede the flow of traffic, or is parked unattended in a posted fire lane; or

(2) When in the judgment of a university police officer or parking enforcement officer the vehicle poses an immediate threat to public safety; or

(3) When a university police officer has probable cause to believe the vehicle is stolen; or

(4) When a university police officer has probable cause to believe that the vehicle contains or constitutes evidence of a crime, and in the police officer's judgment impoundment is necessary to obtain or preserve such evidence; or

(5) When a driver is arrested and/or deprived of the right to leave with the driver's vehicle, and the university police are responsible for the "safekeeping" of the vehicle.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-411, filed 6/19/97, effective 9/15/97.]

(2) Bicycles may be ridden any place where vehicles are permitted. They may be ridden on most sidewalks, though pedestrians always have the right of way. It shall be a violation of this section for any bicycle rider to fail to yield to pedestrians, or to ride a bicycle on paths, sidewalks or streets where signs indicate such is prohibited. An audible signal or warning must be given by the bicyclist whenever there is any appreciable risk of injury to a pedestrian not otherwise aware of the presence of the bicycle.

(3) Bicycles operated on ((campus)) paths, sidewalks and roadways shall be subject to all relevant state statutes regulating bicycle use. Violation of those statutes shall be considered a violation of this section.

(4) Bicycles shall be operated in a safe manner at all times on ((campus)) paths, sidewalks and roadways. Riding at speeds too fast for conditions, weaving in and out of vehicular or pedestrian traffic or similar unsafe actions shall be considered "negligent riding." Negligent riding shall be a violation of this section.

(5) Bicycles shall be parked only in bicycle racks. All bicycle owners are encouraged to secure their bicycles with a secure lock. At no time shall a bicycle be parked in a building, except where bicycle storage rooms are provided, near a building exit, on a path or sidewalk, in planted areas nor chained or otherwise secured to trees, lamp standards, railings, or sign posts.

(6) Moving a bicycle into any unauthorized area such as a building or construction zone is prohibited.

(7) Bicycle racks in campus areas are for parking and shall not be used for overnight storage, except for those racks adjacent to residence halls which may be used for storage when the owner/operator is a current resident of that hall.

(8) Impoundment for illegal parking.

(a) Bicycles parked in violation of subsections (5), (6) and (7) of this section will be subject to seizure and impoundment by the university.

(b) Except as provided by subsection (7) of this section, a bicycle abandoned or parked on university land for ((twenty-one)) fourteen consecutive days or longer is presumed abandoned and is subject to seizure and impoundment by the university. A bicycle will not be considered abandoned when the owner/operator is unable to remove it and so notifies the university police department. A bicycle that has been obviously stripped or vandalized may be immediately impounded.

(c) Impounded bicycles will be stored at the university police department. Bicycles will be released at specified times and upon presentation of proof of ownership and payment of a ten-dollar fine. Owners of impounded bicycles, if identifiable, will be notified as soon as reasonably possible after impoundment and must reclaim their bicycle within fifteen consecutive days. Bicycles unclaimed after sixty consecutive days will be subject to sale at a public auction conducted by the university surplus property department.

(d) The university and its officers, agents and employees shall not be liable for loss or damage of any kind resulting from impoundment, storage, or sale of any item under this section.

(e) Impoundment or sale of any bicycle under this section shall not substitute for, nor release any person from liability for damage to persons or property caused by the use of a bicycle ((on campus)).

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-605, filed 6/19/97, effective 9/15/97.]

     The following sections of the Washington Administrative Code are repealed:

WAC 478-116-040	Authority of university police officers.
WAC 478-116-046	Directions issued by university police officers.

Washington State Code Reviser's Office