WASHINGTON STATE REGISTER

WSR 06-04-049

EXPEDITED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket No. T-051915 -- Filed January 27, 2006, 10:44 a.m. ]

Title of Rule and Other Identifying Information: Repeal WAC 480-31-140 Safety inspections; and amend WAC 480-31-999 Adoption by reference, to remove the reference to WAC 480-31-140 in subsection (2)(b).

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Executive Secretary, Docket No. T-051915, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250 , AND RECEIVED BY April 3, 2006.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 480-31-140 requires nonprofit bus service providers to keep specific records on file and subject to inspection by the commission. These records are already required in other sections of chapter 480-31 WAC where the commission adopts by reference Title 49 Code of Federal Regulations; therefore, this rule is redundant.

WAC 480-31-140 Requires: Other Rules in Chapter 480-31 WAC Require:

In subsection (1), that the carrier keep records that include a description of each vehicle used, including make, serial number, and year. In 49 C.F.R. § 396.3, adopted by reference in WAC 480-31-100, retention of records for each vehicle used, including make, serial number, year, and tire size.

In subsection (2), that the carrier keep records that reflect the driver's hours of service (duty status). In 49 C.F.R. § 395.8, adopted by reference in WAC 480-31-130, retention of records that reflect the driver's record of duty status.

In subsection (3), that the carrier keep records for each driver's license number. In 49 C.F.R. § 391.21, adopted by reference in WAC 480-31-130, retention of records for the issuing state, number, and expiration date of each driver's license.

In subsection (4), that the carrier keep records of complaints. In WAC 480-31-090, retention of records of all complaints concerning its service or rates.

In subsection (5), that the carrier keep records of repair, inspection, and maintenance as required by the United States Department of Transportation in Title 49, Code of Federal Regulations, part 396. In 49 C.F.R. § 396.3, adopted by reference in WAC 480-31-100, retention of records for repair, inspection, and maintenance.

Reasons Supporting Proposal: The duplicative record-keeping requirements in the same set of rules have caused confusion for service providers. Repealing this rule will eliminate that confusion.

Statutory Authority for Adoption: RCW 81.04.160, 34.05.353.

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

Name of Proponent: Washington utilities and transportation commission, governmental.

Name of Agency Personnel Responsible for Drafting: Betty Young, Compliance Specialist, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1202; Implementation and Enforcement: Carole J. Washburn, Executive Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1174.

January 27, 2006

Paul Curl

for Carole J. Washburn

Executive Secretary

OTS-8602.1

AMENDATORY SECTION(Amending WSR 05-21-022, filed 10/10/05, effective 11/10/05)

WAC 480-31-999 Adoption by reference. In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

(1) North American Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

(a) The commission adopts the version in effect on April 1, 2005.

(b) This publication is referenced in WAC 480-31-120 (Equipment -- Inspection -- Ordered for repairs).

(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Washington, D.C.

(2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on October 1, 2004.

(b) This publication is referenced in WAC 480-31-100 (Equipment -- Safety), WAC 480-31-120 (Equipment -- Inspection -- Ordered for repairs), and WAC 480-31-130 (Operation of motor vehicles) ((~~and WAC 480-31-140 (Safety inspections)~~)).

(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-21-022, § 480-31-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-31-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-31-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-31-999, filed 9/28/01, effective 10/29/01.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 480-31-140 Safety inspections.

WAC 480-31-140 Requires:	Other Rules in Chapter 480-31 WAC Require:
In subsection (1), that the carrier keep records that include a description of each vehicle used, including make, serial number, and year.	In 49 C.F.R. § 396.3, adopted by reference in WAC 480-31-100, retention of records for each vehicle used, including make, serial number, year, and tire size.
In subsection (2), that the carrier keep records that reflect the driver's hours of service (duty status).	In 49 C.F.R. § 395.8, adopted by reference in WAC 480-31-130, retention of records that reflect the driver's record of duty status.
In subsection (3), that the carrier keep records for each driver's license number.	In 49 C.F.R. § 391.21, adopted by reference in WAC 480-31-130, retention of records for the issuing state, number, and expiration date of each driver's license.
In subsection (4), that the carrier keep records of complaints.	In WAC 480-31-090, retention of records of all complaints concerning its service or rates.
In subsection (5), that the carrier keep records of repair, inspection, and maintenance as required by the United States Department of Transportation in Title 49, Code of Federal Regulations, part 396.	In 49 C.F.R. § 396.3, adopted by reference in WAC 480-31-100, retention of records for repair, inspection, and maintenance.