WSR 12-06-044

PROPOSED RULES

TRANSPORTATION COMMISSION


[ Filed March 5, 2012, 9:30 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-03-110.

Title of Rule and Other Identifying Information: WAC 468-300-040 Oversize vehicle ferry tolls.

Hearing Location(s): Cotton Tree Convention Center, San Juan Room, 2300 Market Street, Mount Vernon, WA 98273, on April 17, 2012, at 1:00 p.m. - 1:30 p.m.

Date of Intended Adoption: April 17, 2012.

Submit Written Comments to: Reema Griffith, Executive Director, Transportation Commission, 2404 Chandler Court S.W., Suite 270, Olympia, WA 98501, e-mail griffir@wstc.wa.gov, fax (360) 705-6802, by April 16, 2012.

Assistance for Persons with Disabilities: Contact transportation commission office by April 16, 2012, TTY (360) 705-7070.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 468-300-040 currently includes a commercial vehicle reservation fee for Washington state ferries' (WSF) routes in the San Juan Islands. WSF's proposed new reservation system includes the Port Townsend/Coupeville and Anacortes/Sidney, B.C. routes, and commercial vehicles for the domestic San Juan Islands routes. The new reservation system is anticipated to become effective in May 2012. In accordance with the guiding principle in the new system that reservations should not result in total cost above what that customer would have paid without reservations, the transportation commission proposes to delete a section in WAC 468-300-040 that currently requires a vehicle reservation fee for ferry routes in the San Juan Islands.

Reasons Supporting Proposal: In accordance with the guiding principle in WSF's new reservation system that reservations should not result in total cost above what that customer would have paid without reservations, the transportation commission proposes to delete a section in WAC 468-300-040 that currently requires a vehicle reservation fee for ferry routes in the San Juan Islands.

Statutory Authority for Adoption: RCW 47.56.030 and 47.60.315, and section 205(1), chapter 247, Laws of 2010.

Statute Being Implemented: RCW 47.56.030 and 47.60.315.

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

Name of Proponent: Washington state department of transportation ferries division, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Raymond G. Deardorf, 2901 Third Avenue, Suite 500, Seattle, WA 98121-3014, (206) 515-3491.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The commission has considered this rule and determined that it does not affect more than ten percent of one industry or twenty percent of all industry.

A cost-benefit analysis is not required under RCW 34.05.328. The transportation benefits to be achieved by instituting a state of the art reservation system for commercial vehicles in the San Juan Islands will far outweigh any fare revenue loss due to the elimination of the fee.

March 5, 2012

Reema Griffith

Executive Director

OTS-4610.1


AMENDATORY SECTION(Amending WSR 11-18-034, filed 8/30/11, effective 10/1/11 and 5/1/12)

WAC 468-300-040   Oversize vehicle ferry tolls.  

EFFECTIVE 03:00 A.M. October 1, 2011


Oversize Vehicle Ferry Tolls1

Overall Unit Length - Including Driver

ROUTES 22' To

Under 30'

Under 7'6"

High5

22' To

Under 30'

Over 7'6"

High5

30' To

Under 40'5

40' To Under 50'5 50' To

Under 60'5

60' To under 70'5 70' To and include 80'5 Cost Per

Ft. Over

80' @

Fauntleroy-Southworth

Port Townsend/Coupeville

14.65 29.30 39.35 49.45 59.50 69.60 79.70 1.00
Seattle-Bainbridge Island

Seattle/Bremerton

Edmonds-Kingston

19.05 38.15 51.25 64.40 77.50 90.65 103.75 1.30
*Fauntleroy-Vashon

*Southworth-Vashon

*Pt. Defiance-Tahlequah

24.40 48.80 65.60 82.40 99.20 116.00 132.80 1.70
Mukilteo-Clinton 11.20 22.40 30.15 37.85 45.55 53.30 61.00 0.75
*Anacortes to Lopez2 43.85 87.70 117.85 148.05 178.25 208.45 238.65 3.00
*Anacortes to Shaw, Orcas2 52.60 105.20 141.45 177.70 213.90 250.15 286.35 3.60
*Anacortes to Friday Harbor 62.55 125.05 168.10 211.15 254.20 297.25 340.30 4.30
Between Lopez, Shaw, Orcas and Friday Harbor3 29.35 58.70 78.90 99.15 119.35 139.55 159.80 N/A
International Travel

Anacortes to Sidney to all destinations - Recreational Vehicles and Buses

70.55 70.55 94.80 119.10 143.40 167.65 191.95 2.45
Anacortes to Sidney and Sidney to all destinations - Commercial Vehicles 70.55 141.05 189.60 238.20 286.75 335.30 383.90 4.85
Lopez, Shaw, Orcas and Friday Harbor to Sidney - Recreational Vehicles and Buses

- Commercial Vehicles

21.15

21.15

21.15

42.25

28.40

56.80

35.70

71.35

42.95

85.85

50.20

100.40

57.50

114.95

0.75

1.45

Lopez, Shaw, Orcas and Friday Harbor to Sidney (round trip)4 - Recreational Vehicles and Buses

- Commercial Vehicles

91.70

91.70

91.70

183.30

123.20

246.40

154.80

309.55

186.35

372.60

217.85

435.70

249.45

498.85

3.20

6.30


1OVERSIZE VEHICLES - Includes all vehicles 22 feet in length and longer regardless of type: Commercial trucks, recreational vehicles, vehicles under 22' pulling trailers, etc. Length shall include vehicle and load to its furthest extension. Overheight charge is included in oversize vehicle toll. Vehicles wider than 8'6" pay double the fare applicable to their length. Private and commercial passenger buses or other passenger vehicles pay the applicable oversize vehicle tolls. Public transit buses and drivers shall travel free upon display of an annual permit which may be purchased for $10. Upon presentation by either the driver or passenger of a WSF Disability Travel Permit, Regional Reduced Fare Permit, or other identification which establishes disability, vehicles 22-30 feet in length and over 7'6" in height shall be charged the 22-30 foot length and under 7'6" in height fare for vehicles equipped with wheelchair lift or other mechanism designed to accommodate the person with the disability.


2TRANSFERS - Tolls collected westbound only. Oversize vehicles traveling westbound from Anacortes may purchase a single intermediate transfer when first purchasing the appropriate fare. The transfer is valid for a 24-hour period and is priced as follows: $61.00 base season, $82.25 peak season.


3INTER-ISLAND - Tolls collected westbound only. Vehicles traveling between islands may request a single transfer ticket good for one transfer at an intermediate island. The transfer may only be obtained when purchasing the appropriate vehicle fare for inter-island travel (westbound at Lopez, Shaw, or Orcas) and is free of charge. Transfers shall be valid for 24 hours from time of purchase.


4ROUND TRIP - Round trip passage for international travel available for trips beginning or ending on one of the islands served.


5CAPITAL SURCHARGE - There will be an additional $0.25 capital surcharge on each single vehicle/driver fare collected.


VEHICLE RESERVATION DEPOSIT - Nonrefundable deposits for advanced reservations may be established at a level of from 25 to 100 percent of the applicable fare. This is a deposit toward the fare and not an additional fee, and applies only to those routes where the legislature has approved the use of a reservation system. Refunds may be available under certain special circumstances.


((COMMERCIAL VEHICLE RESERVATION FEES - For commercial vehicles traveling with reservations a participation fee ($200 for summer schedule season, $100 for each of the other schedule seasons) will be charged. Fees will be collected when reservations are confirmed.))


PEAK SEASON SURCHARGE - A peak season surcharge shall apply to all oversize vehicles from May 1 through September 30. The oversize fare shall be determined based on the peak-season car-and-driver fare and the analogous oversize vehicle fare, calculated with the same factor as the oversize base seasons fares are to the base season under 20 foot fare. The senior citizen discount shall apply to the driver of an oversize vehicle. The resulting fare is rounded up to the next $0.05 if required.


SENIOR CITIZEN DISCOUNTS - Discounts of 50% for the driver of the above vehicles shall apply. Senior citizen discount is determined by subtracting full-fare passenger rate and adding half-fare passenger rate. The senior citizen discount shall apply to the driver of an oversize vehicle.


PENALTY CHARGES - Owner of vehicle without driver will be assessed a $100.00 penalty charge.


DISCOUNT FROM REGULAR TOLL - Effective June 1, 2005, through fall of 2005, oversize vehicles making 12 or more, one-way crossings per week (Sunday through Saturday) will qualify for a 10% discount from the regular ferry tolls. With the implementation of EFS in spring 2006, WSF will provide a commercial account program that will be prepaid and offer access to volume discounts based on travel, revenue or other criteria in accordance with WSF business rules. On an annual basis, commercial accounts will pay a $50 nonrefundable account maintenance fee.


GROUP OR VOLUME SALES - In order to increase total revenues, WSF may develop full fare or discounted customer packages or bundle single fare types into multiple trip books or offer passes for high volume or group users. In pricing these packages, WSF will have discretion to set appropriate volume discounts based on a case-by-case basis.


SPECIAL EVENTS - In order to increase total revenues, WSF may develop, create or participate in special events that may include, but not be limited to, contributing or packaging discounted fares in exchange for the opportunity to participate in the income generated by the event.


FIRE DEPARTMENT AND FIRE DISTRICT FARE CONSIDERATION - At the discretion of the WSF Assistant Secretary, WSF may authorize no-fare or discounted fare passage on scheduled and/or special ferry sailings for fire departments and fire districts that provide contracted fire protection services for WSF ferry terminals and/or other WSF facilities within their jurisdiction. Such passage shall be considered full and complete consideration for such fire protection services, in lieu of annual payments for such services, to be so noted in such fire protection agreements. The scope of such authorization includes designated fire department and fire district vehicles (see below), drivers and passengers en route to and from an emergency call, on ferry routes with a WSF terminal and/or other WSF facility served by a fire department or fire district pursuant to a WSF fire protection service agreement. Authorized vehicles may include public fire department and fire district medical aid units, fire trucks, incident command and/or other vehicles dispatched to and returning from an emergency call. WSF may implement such ferry passage on a pilot project basis to assess the operational, financial and administrative impact on WSF. By June 30, 2011, WSF shall submit a written report to the Transportation Commission identifying such impacts with a recommendation whether to make such passage authorization a permanent component of the WSF ferry toll schedule.


EMERGENCY TRIPS DURING NONSERVICE HOURS - While at locations where crew is on duty charge shall be equal to the cost of fuel consumed to make emergency trip. Such trips shall only be offered as a result of official requests from an emergency services agency and only in the case of no reasonable alternative.


DISCLAIMER - Under no circumstances does Washington state ferries warrant the availability of ferry service at a given date or time; nor does it warrant the availability of space on board a vessel on a given sailing.



EFFECTIVE 03:00 A.M. May 1, 2012


Oversize Vehicle Ferry Tolls1

Overall Unit Length - Including Driver

ROUTES 22' To

Under 30'

Under 7'6"

High 5

22' To

Under 30'

Over 7'6"

High 5

30' To

Under 40'5

40' To Under 50'5 50' To

Under 60'5

60' To under 70'5 70' To and include 80'5 Cost Per

Ft. Over

80' @

Fauntleroy-Southworth

Port Townsend/Coupeville

15.45 30.85 41.30 51.75 62.20 72.65 83.10

1.05

Seattle-Bainbridge Island

Seattle/Bremerton

Edmonds-Kingston

20.00 40.00 53.55 67.10 80.65 94.15 107.70 1.35
*Fauntleroy-Vashon

*Southworth-Vashon

*Pt. Defiance-Tahlequah

25.60 51.15 68.50 85.80 103.15 120.45 137.80 1.75
Mukilteo-Clinton 11.80 23.55 31.55 39.50 47.50 55.50 63.45 0.80
*Anacortes to Lopez2 45.95 91.90 123.05 154.20 185.30 216.45 247.60 3.10
*Anacortes to Shaw, Orcas2 55.20 110.35 147.75 185.10 222.50 259.90 297.25 3.75
*Anacortes to Friday Harbor 65.60 131.15 175.55 219.95 264.40 308.80 353.20 4.45
Between Lopez, Shaw, Orcas and Friday Harbor3 30.80 61.55 82.40 103.20 124.05 144.90 165.75 N/A
International Travel

Anacortes to Sidney to all destinations - Recreational Vehicles and Buses

73.85 73.85 98.90 123.90 148.90 173.95 198.95 2.50
Anacortes to Sidney and Sidney to all destinations - Commercial Vehicles 73.85 147.70 197.75 247.80 297.80 347.85 397.90 5.00
Lopez, Shaw, Orcas and Friday Harbor to Sidney - Recreational Vehicles and Buses

- Commercial Vehicles

22.10

22.10

22.10

44.20

29.60

59.15

37.05

74.10

44.55

89.05

52.00

104.00

59.50

119.00

0.75

1.50

Lopez, Shaw, Orcas and Friday Harbor to Sidney (round trip)4 - Recreational Vehicles and Buses

- Commercial Vehicles

95.95

95.95

95.95

191.90

128.50

256.90

160.95

321.90

193.45

386.85

225.95

451.85

258.45

516.90

3.25

6.50


1OVERSIZE VEHICLES - Includes all vehicles 22 feet in length and longer regardless of type: Commercial trucks, recreational vehicles, vehicles under 22' pulling trailers, etc. Length shall include vehicle and load to its furthest extension. Overheight charge is included in oversize vehicle toll. Vehicles wider than 8'6" pay double the fare applicable to their length. Private and commercial passenger buses or other passenger vehicles pay the applicable oversize vehicle tolls. Public transit buses and drivers shall travel free upon display of an annual permit which may be purchased for $10. Upon presentation by either the driver or passenger of a WSF Disability Travel Permit, Regional Reduced Fare Permit, or other identification which establishes disability, vehicles 22-30 feet in length and over 7'6" in height shall be charged the 22-30 foot length and under 7'6" in height fare for vehicles equipped with wheelchair lift or other mechanism designed to accommodate the person with the disability.


2TRANSFERS - Tolls collected westbound only. Oversize vehicles traveling westbound from Anacortes may purchase a single intermediate transfer when first purchasing the appropriate fare. The transfer is valid for a 24-hour period and is priced as follows: $62.85 base season, $84.70 peak season.


3INTER-ISLAND - Tolls collected westbound only. Vehicles traveling between islands may request a single transfer ticket good for one transfer at an intermediate island. The transfer may only be obtained when purchasing the appropriate vehicle fare for inter-island travel (westbound at Lopez, Shaw, or Orcas) and is free of charge. Transfers shall be valid for 24 hours from time of purchase.


4ROUND TRIP - Round trip passage for international travel available for trips beginning or ending on one of the islands served.


5CAPITAL SURCHARGE - There will be an additional $0.25 capital surcharge on each single vehicle/driver fare collected.


VEHICLE RESERVATION DEPOSIT - Nonrefundable deposits for advanced reservations may be established at a level of from 25 to 100 percent of the applicable fare. This is a deposit toward the fare and not an additional fee, and applies only to those routes where the legislature has approved the use of a reservation system. Refunds may be available under certain special circumstances.


((COMMERCIAL VEHICLE RESERVATION FEES - For commercial vehicles traveling with reservations a participation fee ($200 for summer schedule season, $100 for each of the other schedule seasons) will be charged. Fees will be collected when reservations are confirmed.))


PEAK SEASON SURCHARGE - A peak season surcharge shall apply to all oversize vehicles from May 1 through September 30. The oversize fare shall be determined based on the peak-season car-and-driver fare and the analogous oversize vehicle fare, calculated with the same factor as the oversize base seasons fares are to the base season under 20 foot fare. The senior citizen discount shall apply to the driver of an oversize vehicle. The resulting fare is rounded up to the next $0.05 if required.


SENIOR CITIZEN DISCOUNTS - Discounts of 50% for the driver of the above vehicles shall apply. Senior citizen discount is determined by subtracting full-fare passenger rate and adding half-fare passenger rate. The senior citizen discount shall apply to the driver of an oversize vehicle.


PENALTY CHARGES - Owner of vehicle without driver will be assessed a $100.00 penalty charge.


DISCOUNT FROM REGULAR TOLL - Effective June 1, 2005, through fall of 2005, oversize vehicles making 12 or more, one-way crossings per week (Sunday through Saturday) will qualify for a 10% discount from the regular ferry tolls. With the implementation of EFS in spring 2006, WSF will provide a commercial account program that will be prepaid and offer access to volume discounts based on travel, revenue or other criteria in accordance with WSF business rules. On an annual basis, commercial accounts will pay a $50 nonrefundable account maintenance fee.


GROUP OR VOLUME SALES - In order to increase total revenues, WSF may develop full fare or discounted customer packages or bundle single fare types into multiple trip books or offer passes for high volume or group users. In pricing these packages, WSF will have discretion to set appropriate volume discounts based on a case-by-case basis.


SPECIAL EVENTS - In order to increase total revenues, WSF may develop, create or participate in special events that may include, but not be limited to, contributing or packaging discounted fares in exchange for the opportunity to participate in the income generated by the event.


FIRE DEPARTMENT AND FIRE DISTRICT FARE CONSIDERATION - At the discretion of the WSF Assistant Secretary, WSF may authorize no-fare or discounted fare passage on scheduled and/or special ferry sailings for fire departments and fire districts that provide contracted fire protection services for WSF ferry terminals and/or other WSF facilities within their jurisdiction. Such passage shall be considered full and complete consideration for such fire protection services, in lieu of annual payments for such services, to be so noted in such fire protection agreements. The scope of such authorization includes designated fire department and fire district vehicles (see below), drivers and passengers en route to and from an emergency call, on ferry routes with a WSF terminal and/or other WSF facility served by a fire department or fire district pursuant to a WSF fire protection service agreement. Authorized vehicles may include public fire department and fire district medical aid units, fire trucks, incident command and/or other vehicles dispatched to and returning from an emergency call. WSF may implement such ferry passage on a pilot project basis to assess the operational, financial and administrative impact on WSF. By June 30, 2011, WSF shall submit a written report to the Transportation Commission identifying such impacts with a recommendation whether to make such passage authorization a permanent component of the WSF ferry toll schedule.


EMERGENCY TRIPS DURING NONSERVICE HOURS - While at locations where crew is on duty charge shall be equal to the cost of fuel consumed to make emergency trip. Such trips shall only be offered as a result of official requests from an emergency services agency and only in the case of no reasonable alternative.


DISCLAIMER - Under no circumstances does Washington state ferries warrant the availability of ferry service at a given date or time; nor does it warrant the availability of space on board a vessel on a given sailing.

[Statutory Authority: RCW 47.56.030 and 47.60.315. 11-18-034, 468-300-040, filed 8/30/11, effective 10/1/11 and 5/1/12. Statutory Authority: RCW 47.56.030, 47.60.326. 10-24-028, 468-300-040, filed 11/19/10, effective 1/1/11; 09-19-044, 468-300-040, filed 9/10/09, effective 10/11/09; 08-08-070, 468-300-040, filed 3/31/08, effective 5/1/08; 07-08-064, 468-300-040, filed 3/29/07, effective 5/1/07; 06-08-036, 468-300-040, filed 3/29/06, effective 5/1/06; 05-10-041, 468-300-040, filed 4/28/05, effective 6/1/05; 03-08-072, 468-300-040, filed 4/1/03, effective 5/2/03; 02-09-010, 468-300-040, filed 4/5/02, effective 5/6/02; 01-11-010, 468-300-040, filed 5/3/01, effective 6/3/01; 00-24-050, 468-300-040, filed 11/30/00, effective 12/31/00; 99-08-066, 468-300-040, filed 4/5/99, effective 5/6/99; 98-08-051, 468-300-040, filed 3/27/98, effective 4/27/98; 96-19-045 (Order 82), 468-300-040, filed 9/12/96, effective 10/13/96; 94-18-014 (Order 77), 468-300-040, filed 8/25/94, effective 9/25/94; 94-07-104 (Order 75), 468-300-040, filed 3/18/94, effective 4/18/94; 93-18-005, 468-300-040, filed 8/19/93, effective 9/19/93; 92-18-005, 468-300-040, filed 8/20/92, effective 9/20/92; 91-18-022 (Order 72), 468-300-040, filed 8/27/91, effective 9/27/91; 89-14-052 (Order 67, Resolution No. 354), 468-300-040, filed 6/30/89; 89-04-014 (Order 66, Resolution No. 343), 468-300-040, filed 1/23/89, effective 7/1/89; 87-12-005 (Order 61, Resolution No. 298), 468-300-040, filed 5/21/87. Statutory Authority: RCW 47.60.290, 47.60.300 and 47.60.326. 86-24-009 (Order 59, Resolution No. 287), 468-300-040, filed 11/21/86. Statutory Authority: RCW 47.60.326. 86-06-010 (Order 54, Resolution No. 263), 468-300-040, filed 2/21/86; 85-11-007 (Order 44, Resolution No. 241), 468-300-040, filed 5/3/85; 84-11-052 (Order 42, Resolution Nos. 221 and 222), 468-300-040, filed 5/17/84; 83-07-062 (Order 33, Resolution No. 175), 468-300-040, filed 3/22/83; 82-18-009 (Order 29, Resolution No. 153), 468-300-040, filed 8/20/82; 82-07-063 (Order 28, Resolution No. 143), 468-300-040, filed 3/22/82. Statutory Authority: RCW 47.60.325 and 47.56.030. 81-15-099 (Order 23, Resolution No. 117), 468-300-040, filed 7/22/81. Statutory Authority: RCW 47.60.325. 81-08-044 (Order 17, Resolution No. 104), 468-300-040, filed 3/31/81; 80-04-104 (Order 15, Resolution No. 72), 468-300-040, filed 4/1/80; 79-09-136 (Order 11, Resolution No. 57), 468-300-040, filed 9/5/79; 79-04-047 (Order 6, Resolution No. 44), 468-300-040, filed 3/27/79; 78-06-040 (Order 2, Resolution No. 21), 468-300-040, filed 5/19/78.]

Washington State Code Reviser's Office