WSR 11-12-049

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF TRANSPORTATION


[ Filed May 26, 2011, 1:35 p.m. ]

Subject of Possible Rule Making: Revise WAC 468-38-071 to reflect 2011 legislative revisions to gross weight and road segment length to the United States heavy haul corridor and add conditions to a divisible load permit for vehicles equipped with tarping systems.

Revise WAC 468-38-050 to coincide with the revisions to WAC 468-38-071 as it pertains to divisible load permits for tarping system equipped vehicles.

Revise WAC 468-38-270 Specialized equipment, due to SB 5260 that removed saddlemount vehicle from RCW 46.44.037 to be referenced in a WAC rule.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.44.0915 Heavy haul industrial corridors, 46.44.093 Conditions for special permits (tarping system permits), 46.44.101 Interstate travel by specialized equipment.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules further define the requirements for the heavy haul corridor vehicles on US 97. Legislation revised the gross weight and road segment length of the corridor.

RCW 46.44.092(3) authorized a permit for tarping system equipped vehicles but did not establish conditions in which to do so.

Due to legislation, reference of specialized vehicles are to be addressed in administrative rule. Placing the saddlemount vehicle in rule allows for timely revisions at the state level when federal law revises the limits to the saddlemount vehicle type.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington state patrol enforces the requirements and limits for use of the heavy haul corridor and enforces the special permits and conditions issued to oversize vehicles.

Title 23 C.F.R. 658 addresses and sets the limitations for this vehicle type, for states to comply with.

The Washington state patrol enforces the size and weight limitations of Washington state.

Process for Developing New Rule: Negotiated rule making; and these rules will mirror revisions made by the 2011 legislative session to the gross weight limit and the length of the heavy haul corridor and incorporating office policy and some negotiated rule making for the heavy haul corridor and also for saddlemount vehicle [to] be referenced in an administrative rule.

Negotiated rule making for the development of the tarping system permit was negotiated with the Washington state patrol and the Washington trucking associations.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting James L. Wright, Commercial Vehicle Services, Department of Transportation, P.O. Box 47367, Olympia, WA 98504-7367, phone (360) 704-6345, fax (360) 704-6350, e-mail wrightji@wsdot.wa.gov.

May 26, 2011

Stephen T. Reinmuth

Chief of Staff

Washington State Code Reviser's Office