Date of Adoption: September 25, 2001.

     Purpose: The Department of Transportation is changing the signage used to communicate under what conditions a vehicle, or vehicle type, can proceed through the mountain passes during winter conditions. The new signage, effective November 1, 2001, provides greater clarity to the motorist and should promote easier enforcement. Existing rules reference the old verbiage and need to be updated to reflect the new verbiage.

     Citation of Existing Rules Affected by this Order: Amending WAC 468-38-075 Overlength exemptions and 468-38-390 Winter road restrictions.

     Statutory Authority for Adoption: RCW 46.44.090.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: The current rules do not reference the appropriate sign verbiage that will be used in the mountain passes effective November 1, 2001. Without the rule change the new signs will have no basis for enforcement.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: November 1, 2001.

September 25, 2001

John F. Conrad

Assistant Secretary

Engineering and Regional Operations

OTS-5181.2

AMENDATORY SECTION(Amending Order 143, filed 3/11/94, effective 3/11/94)

WAC 468-38-075   Overlength exemptions.   Vehicles may move by special motor vehicle permit without regard to oversize load signs (WAC 468-38-190), weekend curfew or holiday restrictions (WAC 468-38-230), commuter traffic restrictions (WAC 468-38-235), or night-time movement restrictions (WAC 468-38-260), when they meet the following overlength conditions:

     Tractor/trailer combinations with:

     -A single trailer not exceeding fifty-six feet (including load)

     -Double trailers not exceeding sixty-eight feet (including load)

     -Nonreducible loads (including trailer) not exceeding sixty-one feet

     -Vehicles with front overhang not exceeding four feet beyond the three foot legal limit set in RCW 46.44.034 (see also bumper criteria set in RCW 46.37.517)

     -Single unit fixed load vehicles not exceeding an overall length of forty-five feet including a four foot front overhang beyond the legal three foot limit and a rear overhang not to exceed fifteen feet measured from the center of the last axle.

     The aforementioned vehicles, when in compliance with WAC 204-24-050 Use of tire chains or other traction devices, are also exempt from that portion of the winter road restrictions (WAC 468-38-390) prohibiting movement in areas where ((any of)) the following sign((s are)) is displayed: (("Traction tires advised," "approved traction tires recommended," "approved traction tires required," or "tire chains required." The signs, however, must be obeyed.)) "TRACTION ADVISORY/OVERSIZED VEHICLES PROHIBITED."

[Statutory Authority: RCW 46.44.090. 94-07-055 (Order 143), § 468-38-075, filed 3/11/94, effective 3/11/94; 93-21-008 (Order 139), § 468-38-075, filed 10/8/93, effective 11/8/93.]

     Special permits for movements over mountain passes (Snoqualmie, Stevens, Sherman, Blewett, White and Satus) will not be valid))

     The department of transportation or the Washington state patrol may prohibit any vehicle, whether moving by special permit for oversize and/or overweight or not, from entering a chain/approved traction device control area when it is determined the vehicle will experience difficulty in safely traveling the area. Prohibitions will generally be communicated by traffic control sign (i.e., "TRACTION ADVISORY/OVERSIZED VEHICLES PROHIBITED," "CHAINS REQUIRED ON ALL VEHICLES EXCEPT ALL-WHEEL DRIVE," "VEHICLES OVER 10,000 GVWR CHAINS REQUIRED," etc.). In addition specific vehicles or vehicle combinations may b e required to operate with specified traction devices (i.e., "TRACTORS PULLING DOUBLE TRAILERS MUST CHAIN UP").

     Movement into a restricted area when prohibited, or without the specified traction device, will be considered a violation of the permit, which is a traffic infraction, and subject to the penalties set forth in RCW 46.44.105.

     When signs, or other traffic control methods are not present, a vehicle, or vehicle combination, operating under a special permit for oversize, must stop movement at the nearest safe location during periods when snow is falling to a degree that visibility is limited to less than 1,000 feet; immediately following a severe storm when snow removal equipment is operating; when fog or rain limits visibility to less than 1,000 feet; or when compact snow and ice conditions require the use of chains. If hazardous conditions are encountered after a move is undertaken, it shall be the responsibility of the permittee to remove the oversize load from the highway, and ((he shall)) not proceed until conditions have abated and ((he has obtained)) clearance obtained from the nearest department of transportation office or the Washington state patrol. Failure to stop is a violation of the special permit and subject to the penalties of RCW 46.44.105.

     The secretary of transportation may issue special permits for department vehicles used for snow removal or the sanding of highways during emergency winter conditions. Such permits shall also be valid for vehicles in transit to or from the work site. Limitations on movement during hours of the day or days of the week may be waived. Sign requirements may be waived if weather conditions render such signs ineffectual. Movements at night may be made only by department vehicles whose lights meet the standards for emergency maintenance vehicles established by the commission on equipment.

[Statutory Authority: RCW 46.44.090. 92-22-074 (Order 132), § 468-38-390, filed 11/2/92, effective 12/3/92; 89-23-110 (Order 68), § 468-38-390, filed 11/22/89, effective 12/23/89; 82-18-010 (Order 31, Resolution No. 156), § 468-38-390, filed 8/20/82. Formerly WAC 468-38-280. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-390, filed 12/20/78. Formerly WAC 252-24-372.]

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