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PDFWAC 446-65-030

Intrastate high risk and imminent hazard carriers.

(1) Any intrastate motor carrier receiving a proposed unsatisfactory safety rating may be identified as a high risk carrier pursuant to RCW 46.32.080. They may also be identified as high risk through analysis of various data, including but not limited to the following:
(a) Carrier safety management system (CSMS score);
(i) A score of eighty-five or more in the crash, fatigued, or unsafe driving basic and one other behavior analysis and safety improvement categories at or above the "all other" motor carrier threshold.
(ii) Any four or more behavior analysis and safety improvement categories at or above the "all other" motor carrier threshold.
(b) Carrier requires or authorizes any driver or vehicle to operate in violation of an out of service order;
(c) Carrier who consistently refuses to come into compliance with federal and state regulations.
(2) If a motor carrier receives a high risk rating, they must undergo a compliance review by the Washington state patrol to determine compliance. During the compliance review:
(a) If no critical/acute violations are found, the carrier will be listed as satisfactory and be removed from the high risk category.
(b) If critical/acute violations are found, the carrier must:
(i) Schedule a follow-up compliance review with the Washington state patrol.
(A) If violations are found after the first compliance review, the follow-up compliance review must be scheduled within sixty to ninety days.
(B) If violations are found after the second compliance review, a third compliance review must be scheduled within one hundred twenty to one hundred eighty days.
(C) If repeat violations are found during any follow-up compliance review, all funds held in abeyance (suspended) from the previous audit will be reinstated along with any repeat violations/penalties.
(ii) Submit a carrier safety action plan within five days to the Washington state patrol outlining the action they have taken or will take to become compliant. This plan must:
(A) Be submitted on company letterhead.
(B) Be signed by the owner/officer of the company.
(C) Provide all supporting documents to show how the carrier plans to become compliant or has become compliant.
(D) Be reviewed and agreed upon by the Washington state patrol. The Washington state patrol may provide changes and request a carrier revise their safety plan and return it to the carrier for further action.
(iii) If a carrier's intrastate DOT number is inactivated:
(A) The carrier will receive a letter from the Washington state patrol advising them their intrastate DOT number has been inactivated and what steps need to be completed to be considered for reactivation.
(B) The Washington state patrol will notify the department of licensing that they have placed an out of service order on the carrier's intrastate DOT number and all vehicles registered to the carrier.
(C) The carrier will have a follow-up compliance review conducted and submit a carrier safety action plan outlining their plans for compliance.
(D) The Washington state patrol will review the safety plan and a follow-up compliance review will be conducted. If the carrier receives a rating of satisfactory or conditional, then the DOT number will be reinstated.
(iv) If a carrier's intrastate DOT number is reinstated:
(A) The carrier will receive a letter from the Washington state patrol advising them their DOT number will be reinstated.
(B) The carrier will need to update their information on a MCS150 form located on the Federal Motor Carrier Safety Administration (FMCSA) web site.
(C) Motor Carrier Management Information System (MCMIS) will be updated to show the intrastate DOT is active.
(3) An intrastate motor carrier may be deemed an imminent hazard pursuant to RCW 46.32.080 (3)(e) and placed out of service without going through any prior compliance reviews. In determining whether a motor carrier is an imminent hazard or danger to the public health, safety, or welfare, the chief of the Washington state patrol or their designee must consider safety factors. A safety factor which constitutes an imminent hazard includes any safety problem or condition which is likely to result in serious injury or death if not discontinued immediately.
(4) If a carrier is required to have a DOT number, they will be required to properly mark their vehicles as prescribed by the Washington state patrol. The marking must display the following:
(a) The legal name or a single trade name of the motor carrier as listed on the MCS150 form.
(b) The motor carrier identification number issued by the FMCSA, preceded by the letter "USDOT."
(i) Size, shape, location, and color of markings:
(A) Appear on both sides of the CMV;
(B) Be in letters that contrast sharply in color with the background on which the letters are placed;
(C) Be readily legible, during daylight hours, from a distance of fifty feet while the CMV is stationary; and
(D) Be kept and maintained in a manner that retains the legibility.
(ii) Construction and durability:
(A) The marking may be painted on the CMV; or
(B) May consist of a removable device.
[Statutory Authority: RCW 46.32.020. WSR 13-18-069, § 446-65-030, filed 9/3/13, effective 10/4/13; WSR 09-01-016, § 446-65-030, filed 12/5/08, effective 1/5/09.]
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