Title 204 WAC — State Patrol (Equipment) (See also Titles 212, 446 and 448)

Chapter 204-10 Equipment standards.

Wash. Admin. Code § 204-10-010 Promulgation.

By authority of RCW 46.37.005, 46.37.320, 46.37.400, and 46.37.530 (1)(b) the Washington state patrol hereby adopts the following rules setting forth standards for motor vehicle equipment for which approval is required in chapter 46.37 RCW.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-010, filed 9/16/08, effective 10/17/08. Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.280, 46.37.310, 46.37.320 and 46.37.380. WSR 81-18-008 (Order 81-08-02), § 204-10-010, filed 8/21/81.

Wash. Admin. Code § 204-10-014 Definitions.

(1) "Eye glasses" means any spectacles, sunglasses, or goggles having two separately mounted lenses, excluding contact lenses.

(2) "Goggles" means an optical device worn over the eyes, the predominant function of which is to protect the eyes without obstructing peripheral vision. They provide protection from the front and sides and may or may not form a complete seal with the face.

(3) "Face shield" means an eye protector attached to a helmet or headband(s) and which covers the wearer's eyes and face at least to a point approximately to the tip of the nose and whose predominant function is protection of the eyes.

(4) "FMVSS" means Federal Motor Vehicle Safety Standard, Title 49 Code of Federal Regulations (C.F.R.) Part 571.

(5) "Headband" means the part of an eye protection device consisting of a supporting band or other structure that either encircles the head or protective helmet, or can be attached thereto.

(6) "Motor vehicle" means passenger vehicles, multipurpose passenger vehicles, motorcycles, trucks, and buses which are intended for use on public highways, excluding commercial vehicles as defined under RCW 46.04.140.

(7) "Recognized manufacturer" means a person, firm, copartnership, association, or corporation who is or has engaged in the business of manufacturing motor vehicles intended for use on the public highways and offered for sale in interstate commerce.

(8) "Reflectorized warning device" means any device listed in RCW 46.37.450 or any device composed of a reflective sheeting material which consists of spherical lens elements embedded with a transparent plastic having a smooth, flat outer surface. The sheeting must be weather resistant and have a protected, low tac, precoated adhesive backing.

(9) "Reflex reflector" means a device that is used on vehicles to give an indication of presence to an approaching driver by reflecting light from the headlamps of the approaching vehicle.

(10) "SAE" means the Society of Automotive Engineers. Copies of the SAE Standards are available for review at the Washington State Patrol, 210 11th Avenue, Olympia, WA 98504, and may also be ordered from the Society of Automotive Engineers International, 400 Commonwealth Drive, Warrendale, PA 15086-7511.

(11) "Wheelchair conveyance" means any vehicle specially manufactured or designed for transportation of a physically or medically impaired person who is either wheelchair-bound or otherwise walking impaired. The vehicle may be a separate vehicle used in lieu of a wheelchair or a vehicle used for transporting the impaired person who is simultaneously occupying a wheelchair.

History

• Statutory Authority: RCW 46.37.005. WSR 15-19-102, § 204-10-014, filed 9/18/15, effective 10/19/15. Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 09-22-078, § 204-10-014, filed 11/3/09, effective 12/4/09
• WSR 08-19-079, § 204-10-014, filed 9/16/08, effective 10/17/08.

Wash. Admin. Code § 204-10-021 Adoption of federal standards.

The Washington state patrol adopts by reference Title 49 Code of Federal Regulations (C.F.R.) Part 571 Federal Motor Vehicle Safety Standards (FMVSS) for vehicle equipment standards. The patrol adopts the version of FMVSS in effect on the effective date of this section unless otherwise prescribed under state law. The FMVSS as outlined in Title 49 C.F.R. 571 are as follows:

1. 101 - Controls and displays.

2. 102 - Transmission shift position sequence, starter interlock, and transmission braking effect.

3. 103 - Windshield defrosting and defogging systems.

4. 104 - Windshield wiping and washing system.

5. 105 - Hydraulic and electric brake systems.

6. 106 - Brake hoses.

7. 108 - Lamps, reflective devices, and associated equipment.

8. 109 - New pneumatic and certain specialty tires.

9. 110 - Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less.

10. 111 - Rear visibility.

11. 113 - Hood latch system.

12. 114 - Theft protection and rollaway prevention.

13. 116 - Motor vehicle brake fluids.

14. 117 - Retreaded pneumatic tires.

15. 118 - Power-operated window, partition, and roof panel systems.

16. 119 - New pneumatic tires for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and motorcycles.

17. 120 - Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds).

18. 121 - Air brake systems.

19. 122 - Motorcycle brake systems.

20. 122a - Motorcycle brake systems.

21. 123 - Motorcycle controls and displays.

22. 124 - Accelerator control systems.

23. 125 - Warning devices.

24. 126 - Electronic stability control systems.

25. 129 - New non-pneumatic tires for passenger cars.

26. 131 - School bus pedestrian safety devices.

27. 135 - Light vehicle brake systems.

28. 138 - Tire pressure monitoring systems.

29. 139 - New pneumatic radial tires for light vehicles.

30. 201 - Occupant protection in interior impact.

31. 202 - Head restraints; Applicable at the manufacturer's option until September 1, 2009.

32. 202a - Head restraints; Mandatory applicability begins on September 1, 2009.

33. 203 - Impact protection for the driver from the steering control system.

34. 204 - Steering control rearward displacement.

35. 205 - Glazing materials.

36. 205a - Glazing equipment manufactured before September 1, 2006 and glazing materials used in vehicles manufactured before November 1, 2006.

37. 206 - Door locks and door retention components.

38. 207 - Seating systems.

39. 208 - Occupant crash protection.

40. 209 - Seat belt assemblies.

41. 210 - Seat belt assembly anchorages.

42. 212 - Windshield mounting.

43. 213 - Child restraint systems.

44. 214 - Side impact protection.

45. 216 - Roof crush resistance; Applicable unless a vehicle is certified to § 571.216a.

46. 216a - Roof crush resistance; Upgraded standard.

47. 217 - Bus emergency exits and window retention and release.

48. 218 - Motorcycle helmets.

49. 219 - Windshield zone intrusion.

50. 220 - School bus rollover protection.

51. 221 - School bus body joint strength.

52. 222 - School bus passenger seating and crash protection.

53. 223 - Rear impact guards.

54. 224 - Rear impact protection.

55. 225 - Child restraint anchorage systems.

56. 226 - Ejection mitigation.

57. 301 - Fuel system integrity.

58. 302 - Flammability of interior materials.

59. 303 - Fuel system integrity of compressed natural gas vehicles.

60. 304 - Compressed natural gas fuel container integrity.

61. 305 - Electric-powered vehicles: Electrolyte pillage and electrical shock protection.

62. 401 - Interior trunk release.

63. 403 - Platform lift systems for motor vehicles.

64. 404 - Platform lift installations in motor vehicles.

65. 500 - Low-speed vehicles.

Links to 49 C.F.R. 571 are available at www.ecfr.gov. Copies of the C.F.R. may also be ordered through the United States Government Printing Office, 732 N. Capitol Street N.W., Washington, D.C. 20401.

History

• Statutory Authority: RCW 46.37.005. WSR 15-19-102, § 204-10-021, filed 9/18/15, effective 10/19/15. Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 12-17-115, § 204-10-021, filed 8/21/12, effective 9/21/12
• WSR 08-19-079, § 204-10-021, filed 9/16/08, effective 10/17/08.

Wash. Admin. Code § 204-10-022 Body requirements.

(1) Defroster and defogging devices: Every enclosed motor vehicle must be equipped with a device capable of defogging and defrosting the windshield area. Vehicles or exact replicas of vehicles manufactured prior to January 1938 are exempt from this requirement.

(2) Door latches: Every enclosed motor vehicle equipped with side doors leading directly into a compartment that contains one or more seating accommodations must be equipped with door latches which firmly and automatically secure the door when pushed closed and which allow each door to be opened both from the inside and outside.

(3) Hoodlatches: A front opening hood must be equipped with a primary and a secondary latching system to hold the hood in a closed position.

Hoods are optional equipment on vehicles defined as street rod vehicles, custom vehicles and kit vehicles.

(4) Enclosed passenger compartment: A motor vehicle with an enclosed passenger compartment and powered by an internal combustion engine must be constructed to prevent the entry of exhaust fumes into the passenger compartment.

(5) Floor pan: A motor vehicle must be equipped with a floor pan under the entire passenger compartment capable of supporting the weight of the number of occupants that the vehicle is designed to carry.

(6) Bumpers: A motor vehicle must be equipped with a bumper on both the front and rear of the vehicle with the exception of motor vehicles where the original or predominant body configuration, provided by a recognized manufacturer, did not include such bumper or bumpers in the design of the vehicle. For the relevant model year, bumpers must accommodate recognized manufacturer impact absorption systems pursuant to applicable SAE Bumper Standards or equivalent standards.

Bumpers are optional equipment on vehicles defined as street rod vehicles, custom vehicles and kit vehicles.

Bumpers, unless specifically exempted above, must:

(a) Be at least four and one-half inches in vertical height.

(b) Be centered on the vehicle's centerline.

(c) Extend no less than the width of the respective wheel track distances.

(d) Be attached to the vehicle in a manner equivalent to the original manufacturer's installation.

(e) Be horizontal load bearing and attach to the vehicle frame to effectively transfer energy when impacted.

(f) Be mounted at a maximum height based on the vehicle classification and original gross vehicle weight rating (GVWR) of the vehicle, measured from a level surface to the highest point on the bottom of the bumper. For vehicles exempted from the bumper requirement for the reasons stated above, a maximum frame elevation measurement must be made to the bottom of the frame rail. Maximum heights are as follows:

A blocker beam or additional bumper may not be used to meet the above requirements.

(g) If an existing bumper from a recognized manufacturer is not used and a special bumper is fabricated, it must be certified as meeting the bumper standards set under 49 C.F.R. 581.

(7) Fenders: All wheels of a motor vehicle must be equipped with fenders designed to cover the entire tire tread width that comes in contact with the road surface. Coverage of the tire tread circumference must be from at least fifteen degrees in front and to at least seventy-five degrees to the rear of the vertical centerline at each wheel measured from the center of the wheel rotation. At no time can the tire come in contact with the body, fender, chassis, or suspension of the vehicle. Street rods and kit vehicles which are more than forty years old and are owned and operated primarily as a collector's item need not be equipped with fenders when the vehicle is used and driven during fair weather on well-maintained, hard-surfaced roads.

(8) Frame: A motor vehicle must be equipped with a frame. If an existing frame from a recognized manufacturer is not used and a special frame is fabricated, it must be constructed of wall box or continuous section tubing, wall channel, or unitized construction capable of supporting the vehicle, its load, and the torque produced by the power source under all conditions of operation. The structural strength of the frame must be certified by the builder as meeting the applicable standards set under 49 C.F.R. 571 Parts 201, 214, 216, and 220 through 224, and the SAE Standards. Such certification must be made by either:

(a) Certification provided on the vehicle in the form of a label which has been affixed in accordance with FMVSS outlining the portions of the FMVSS which have been met; or

(b) A notarized letter from the builder of the frame outlining the portions of the Federal Motor Vehicle Safety Standards (FMVSS) which have been met; or

(c) If the vehicle is a kit vehicle, as outlined in RCW 46.12.440, documentation from the manufacturer of the vehicle frame that informs the owner that the frame has not been certified as meeting the applicable federal motor vehicle safety standard set under 49 C.F.R. 571 Parts 201, 214, 216, and 220 through 224, and the applicable SAE Standards.

History

• Statutory Authority: RCW 46.37.005. WSR 15-19-102, § 204-10-022, filed 9/18/15, effective 10/19/15. Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 12-03-085, § 204-10-022, filed 1/13/12, effective 2/13/12. Statutory Authority: RCW 46.37.005 and 46.37.240. WSR 09-18-071, § 204-10-022, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-022, filed 9/16/08, effective 10/17/08.

Wash. Admin. Code § 204-10-024 Windows.

(1) The windshield must be framed and in such a position that it affords continuous horizontal frontal protection to the driver and front seat occupants. The minimum vertical height of the unobstructed windshield glass must be six inches, or as originally equipped by a recognized manufacturer.

(2) The vehicle must be provided with a windshield and side windows or openings which allow the driver a minimum outward horizontal vision capability, ninety degrees each side of a vertical plane passing through the fore and aft centerline of the vehicle. This range of vision:

(a) May be interrupted by window framing not exceeding four inches in width at each side location.

(b) Must have no obstruction forward of the windshield which extends more than two inches upward into the horizontally forward projected vision area of the windshield except windshield wiper components and hood ornaments identical to those originally installed by a recognized manufacturer. For the purposes of this section, the projected vision area of the windshield will be defined as that area above a line from the top of the steering wheel to the top of the front fenders or hood, whichever is higher.

(3) If a windshield is not required under 49 C.F.R. 571, the operator must wear eye protection as outlined in chapter 46.37 RCW and WAC 204-10-026.

History

• Statutory Authority: RCW 46.37.005. WSR 15-19-102, § 204-10-024, filed 9/18/15, effective 10/19/15. Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 09-22-078, § 204-10-024, filed 11/3/09, effective 12/4/09
• WSR 08-19-079, § 204-10-024, filed 9/16/08, effective 10/17/08.

Wash. Admin. Code § 204-10-026 Eye protection.

If a vehicle does not have a windshield, and the driver is required to wear eye protection by chapter 46.37 RCW, the eye protection device (EPD) must:

(1) Be one of the following: Goggles, face shield, or eye glasses.

(a) Eye glasses must:

(i) Have a convex frontal surface on each lens, or be an ophthalmic corrective lens.

(ii) Have a minimum area of three square inches or 19.356 square centimeters for each lens. The horizontal diameter (or side-to-side measurement) must be no less than two inches or 50 millimeters. The vertical diameter (or top-to-bottom measurement) must be no less than one and one-half inches or 38 millimeters. A diameter must pass through a point on the lens that is intended to be directly in front of the pupil of the eye when the wearer is looking straight ahead.

(b) Optical correction of a person's vision, where required or desired, may be provided either:

(i) By an EPD that provides the proper optical correction; or

(ii) By personal corrective lenses worn under an EPD that does not disturb the adjustment of those lenses.

(2) Not have any sharp edges or projections that could cause harm or discomfort to the wearer.

(3) Be made of durable quality.

(4) Have a headband capable of holding the EPD securely under normal operating conditions. It must be capable of easy adjustment and replacement.

(5) Not use material(s) commonly known to cause skin irritation or disease for those parts of the device which come into contact with the skin.

(6) Where plastic materials are used, use noncombustible or slow burning materials.

(7) Not use cellulose nitrate, or materials having flammability characteristics approximately those of cellulose nitrate.

(8) Be tested on a standard human head form in a position simulating its position in actual use.

The test must:

(a) Use a steel projectile three-eighths inches in diameter, weighing 1.56 ounces approximately two and one-half inches long with a conical point of ninety degrees included angle, the point having a spherical radius no greater than .020 inches and a hardness of 60(10) on the Rockwell "C" scale, which must be freely dropped from a height of fourteen feet above the EPD. The projectile may be guided, but not restricted in its vertical fall by dropping it through a tube extending to within approximately four inches of the impact area. The impact area must be on the forward optical surface and within one-inch diameter circle centered over the eye opening. The impact point must be perpendicular to a plane tangent to the impact area.

(b) Not allow penetration of the projectile through the EPD. Cracking or piercing of the EPD is permissible provided that the projectile does not pass through or remain lodged in the EPD lens, but is repulsed by the EPD, and that no particles of the EPD will break loose from any eyeward surface of the EPD.

(c) Be performed at room temperature (sixty-five degrees to eighty-five degrees F) under normal humidity conditions.

(d) If plastic materials are used, expose the EPD to a test to determine the flame-propagation rate. The specimen must be ignited by holding one end of the specimen horizontally at the top of a luminous three quarter-inch Bunsen burner flame in a draft-free room. The rate of propagation of burning, after removing the flame from the specimen, determined by a stop watch, must be one inch or less per twenty-four seconds. A faster rate of propagation will be cause for rejection.

(9) Have lenses that comply with the following requirements:

(a) Lenses must be made of material suitable for ophthalmic use, and must be free from striae, waves, bubbles, or any other defects which may impair their optical quality.

(b) The prismatic effect of a noncorrective lens must not exceed 1/8 diopter at any point with the specified minimum field of vision. In the case of eye glasses, each noncorrective lens must comply with the limitation of prismatic effect.

(c) In any meridian, the refractive power of a noncorrective lens must not exceed plus or minus 1/8 diopter and the difference between the refractive powers in any two meridians must not exceed 1/8 diopter.

(d) The definition afforded by a noncorrective lens must be such that a line pattern with lines separated not more than twenty-four seconds of angle must be clearly distinguishable when viewed through the lens.

(e) The compliance of a lens with the prismatic effects, refractive power, and definition requirements of (a), (b), and (c) of this subsection must be determined in accordance with those test methods described in Sections 6.3.4.1.1, 6.3.4.1.2, and 6.3.4.1.3 of the American National Standards Institute Standard Z87.1-1968, September 18, 1968, "Eye and Face Protection" and explained in Section 10.1 of the National Bureau of Standards Circular 533, May 20, 1953, "Method for Determining the Resolving Power of Photographic Lenses." In order to maintain consistency in the results of tests conducted by various organizations, the following test requirements must be met:

(i) An 8-power telescope with focusing arrangement to accommodate the refractive effects of both positive (converging) and negative (diverging) lenses placed between the telescope and test chart must be used. The illuminated target and test chart must be a central dot and a concentric circle one-inch in diameter plus one of the high contract ("black and white") NBS Resolution Test Charts, dated 1952, and printed on "Lens Resolution Chart to Accompany NBS Circular 533." The chart must be perpendicularly aligned thirty-five feet from the objective lens of the telescope when the telescope is properly focused with no test, sample, or other lens between the objective lens and the chart. The center dot and the periphery of the concentric circle one-inch in diameter must be used when testing for prismatic effect. The test pattern marked "20" must be used when testing for refractive power and when testing for definition. Standard lenses of plus or minus 1/8 diopter must be used when testing for refractive power.

(ii) Other standard methods of test or examination that are equivalent or superior, as regards to accuracy, quality, and consistency of results to (e)(i) of this subsection specified in National Bureau of Standards methods, may be used to determine compliance only when such methods are approved by the state official to whom such approving authority has been assigned, or delegated, through due process of applicable state law.

(10) Not obstruct a horizontal field of vision to at least one hundred five degrees to the right side of the plane that passes through the pupil of the right eye looking straight ahead, and at least one hundred five degrees to the left side of the plane that passes through the pupil of the left eye looking straight ahead, and are parallel to the midsagittal plane, except as provided in (a) of this subsection.

(a) The specified minimum horizontal field of vision must be unobstructed except that the horizontal field provided by the spectacles or sunglasses may be obstructed by the frame in a sector no greater than seven and one-half degrees in horizontal angular width and located between fifty degrees and eighty degrees of the pertinent sagittal plane passing through the eye pupil when looking straight ahead.

(b) When ascertaining the horizontal field of vision afforded by eyeglasses, the pupil of the eye must be assumed to be located 17 mm behind the point on the rear surface of the lens where the horizontal and vertical diameters intersect. When ascertaining the horizontal field of vision of EPDs other than eye glasses, the assumed location of the pupil of the eye relative to the structures of the EPD must be that location which is most likely to occur when the EPD is attached and worn in accordance with its manufacturer's instructions.

(c) No portion of the minimum horizontal field of vision will be obstructed by a temple piece, headband, helmet, helmet attaching device, or any other supporting or attaching device.

(11) Be clear (transmitting not less than eighty-five percent of incident visible radiation) or may be tinted provided that the tint does not impair the wearer's ability to discern color. If the EPD is tinted it must not be used at any time from a half hour after sunset to a half hour before sunrise and at any other time when due to insufficient light or unfavorable atmosphere conditions, persons and vehicles on the highway are not clearly discernible at a distance of five hundred feet ahead. The luminous transmittance must be determined by one of the following means:

(a) Photometrically by an observer having normal color vision, as determined by recognized color vision chart tests such as those employing pseudoisochromatic plates.

(b) With a physical photometer consisting of a thermopile (or other radiometer) and luminosity solution having a special transmittance curve which coincides closely with the luminous efficiency curve of the average eye.

(c) By measuring the special transmittance and calculating the luminous transmittance through the use of published data on the spectral radiant energy of CIE Source A and the relative luminous efficiency of the average eye.

The standard source of radiant energy used in the measurement of luminous transmittance must be a projection type lamp No. T-8 (or other high-powered, gas-filled tungsten filament incandescent lamp) operated at the color temperature (2854K) corresponding to CIE Source A.

(12) Be identified and labeled as follows:

(a) The EPD must be permanently marked in a manner not to interfere with the vision of the wearer.

(b) The manufacturer's or distributor's trade name and model name or number, which must correspond with the name and number under which the device has been approved or certified.

(c) That the device meets the standard VESC-8. Where space is limited, V-8 may be used in lieu of VESC-8.

(d) The information required under subsection (l) of this section plus the corporate or business name and address of either the actual manufacturer or the marketer assuming the responsibilities of the manufacturer must be imprinted on the container in which the EPD is packed and on any instruction sheet(s) pertaining to the EPD.

(e) If the EPD is tinted, the following statement must appear in a prominent location on the container or label: This tinted eye protective device is for daytime use only.

History

• Statutory Authority: RCW 46.37.005. WSR 15-19-102, § 204-10-026, filed 9/18/15, effective 10/19/15. Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-026, filed 9/16/08, effective 10/17/08.

Wash. Admin. Code § 204-10-028 Instrumentation and electrical system requirements.

(1) A motor vehicle must be equipped with an operating speedometer calibrated to indicate "miles per hour," and may also indicate "kilometers per hour."

(2) The headlamp circuit for a motor vehicle must be equipped with a driver-controlled high and low beam selector switch unless the vehicle is equipped with single beam headlamps.

(3) If a motor vehicle is manufactured after 1965, it must be equipped with a hazard warning switch causing all turn signal lamps to flash simultaneously.

(4) The headlamp switch for a motor vehicle must activate the headlamps, tail lamps, license plate lamp, and when required, marker lamps simultaneously.

(5) An indicator must be provided on a motor vehicle which indicates to the driver when the high beams of the headlamp system are energized. The indicator must emit a light other than white plainly visible to the driver under normal driving conditions.

(6) A motor vehicle must be equipped with an operable horn capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet. No horn or other warning device will emit an unreasonably loud or harsh sound or whistle nor will a bell or siren be used as a warning device. The device used to actuate the horn must be easily accessible to the driver when operating the vehicle.

(7) A motor vehicle, if equipped with an automatic transmission, must be equipped with a safety switch that prevents the starter motor from being actuated except when the gear selector is in the neutral or park position.

(8) If the front signal lamp(s) on a motor vehicle are not readily visible to the driver, there must be an illumination indicator to give the operator a clear, unmistakable indication that the turn signal system is on. The illumination indicator must consist of one or more bright lights flashing at the same frequency as the signal lamps, and it must emit a light other than white.

History

• Statutory Authority: RCW 46.37.005. WSR 15-19-102, § 204-10-028, filed 9/18/15, effective 10/19/15. Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-028, filed 9/16/08, effective 10/17/08.

Wash. Admin. Code § 204-10-030 Mirrors and backup alert devices.

A motor vehicle must be equipped with mirrors as outlined under 49 C.F.R. 571 and RCW 46.37.400. The mirror mountings must provide for mirror adjustment by tilting both horizontally and vertically. The following definitions must be used for additional backup alert devices or mirrors required under RCW 46.37.400(3):

(1) Backup alert devices means any type of motion detection device, laser device, camera, or television device mounted on a truck with a cube-style, walk-in cargo box up to eighteen feet long, which will warn the driver of the detection of a person or object at a minimum of six feet to the rear of the vehicle and also encompass the width of the rear of the vehicle.

(2) Rear crossview mirrors means any type of mirrors which, when mounted, will allow the driver of a truck with a cube-style, walk-in cargo box up to eighteen feet long, to view a minimum distance of six feet to the rear and encompass the width of the rear of the vehicle in order to be able to detect an object or person. These crossview mirrors must be installed in a manner that will satisfy the above requirements.

History

• Statutory Authority: RCW 46.37.005. WSR 15-19-102, § 204-10-030, filed 9/18/15, effective 10/19/15. Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-030, filed 9/16/08, effective 10/17/08. Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.280, 46.37.310, 46.37.320 and 46.37.380. WSR 81-18-008 (Order 81-08-02), § 204-10-030, filed 8/21/81.

Wash. Admin. Code § 204-10-032 Brakes.

(1) A motor vehicle must be equipped with brakes acting on all wheels. The service brakes, upon application, must be capable of stopping the vehicle within a twelve-foot lane, and:

(a) Developing an average tire to road braking or retardation force of not less than 52.8% of the gross vehicle weight;

(b) Decelerating the vehicle at a rate of not less than seventeen feet per second; or

(c) Stopping the vehicle within a distance of twenty-five feet from a speed of 20 mph.

Tests must be made on a level, dry, concrete or asphalt surface free from loose material.

(2) A motor vehicle must be equipped with a parking brake operating on at least two wheels on the same axle which, when applied, must be capable of holding the vehicle on any grade on which the vehicle is operated. Parking brakes must be separately actuated so that failure of any part of the service brake actuation system would not diminish the vehicle's parking brake holding capability.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-032, filed 9/16/08, effective 10/17/08.

Wash. Admin. Code § 204-10-034 Steering.

A motor vehicle must be equipped with a continuous rim steering wheel meeting the requirements set forth under RCW 46.37.375, and this chapter. The steering must:

(1) Include a steering wheel which must:

(a) Have an outside diameter of not less than twelve inches.

(b) Not move less than two turns nor more than six turns.

(c) Remain unobstructed when turning from stop-to-stop.

(d) Have a box mount securely welded or bolted to the vehicle frame or other suitable location as originally installed by a recognized manufacturer.

(e) Have a distinct tendency for the vehicle to increase its turning radius when the steering wheel is released while the vehicle is in a sharp turn at a speed of between 5 and 15 mph.

(2) Have steering capability for negotiating right and left turns of a thirty-two foot radius or less measured from the center of the turn circle to the outside front wheel track.

(3) Not have more free play or lash in the steering system than is allowed based on the table outlined in RCW 46.37.375. The test for free play or lash must be conducted as follows: With the engine on and the wheels in the straight ahead position, turn the steering wheel in one direction until there is a perceptible movement of a front wheel. If a point on the steering wheel rim moves more than the value shown in the table before perceptible return movement of the wheel under observation, there is excessive lash or free play in the steering system.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-034, filed 9/16/08, effective 10/17/08.

Wash. Admin. Code § 204-10-036 Suspension.

A motor vehicle must be capable of stable, controlled operation while traversing a slalom-type path passing alternately to the left and right of at least four cones or markers arranged in a straight line and spaced sixty feet apart at a minimum speed of 25 mph.

Body lifts are permitted provided that they are manufactured by an aftermarket manufacturer, designed for the make and model vehicle on which they are installed, and installed according to the manufacturer's recommendations. Body lifts may not use more than a three-inch spacer and may not raise the body more than four inches above the frame when all components are installed.

A motor vehicle must:

(1) Have a minimum ground clearance to allow the vehicle to be in motion on its four rims on a flat surface with no other parts of the vehicle touching that surface and a maximum ground clearance determined based on the table contained in WAC 204-10-022 (6)(f) bumpers.

(2) Have spring mounts and shackles properly aligned and of sufficient strength so as to support the gross weight of the vehicle and provide free travel in an up and down movement under all conditions of operation.

(3) Incorporate antisway devices to control lateral movement in rear coil spring suspension systems.

(4) Have a suspension system that allows movement between the unsprung axles and wheels and the chassis body.

(5) Be equipped with a damping device at each wheel location. The damping device must stop vertical body motion within two cycles when any corner of the vehicle is depressed and released.

(6) Be capable of providing a minimum relative motion of plus and minus two inches.

(7) Not use heating or welding for coil springs, leaf springs, or torsion bars.

(8) Not be constructed or loaded so that the weight on the wheels of any axle is less than thirty percent of the gross weight of the vehicle.

(9) Not raise or lower the height of a motor vehicle while the motor vehicle is traveling more than 15 mph on a public roadway with a posted speed limit of 25 mph or less except when lawfully participating in a parade permitted by local jurisdiction.

(10) At no time have any portion of any tire of such motor vehicle leave the surface of the roadway.

(11) Not have any portion of the vehicle or component of the hydraulic system used to raise or lower the vehicle cause or emit sparks.

Nothing in this section prohibits a county or city from enacting stricter regulations for aftermarket vehicle hydraulics on a public roadway.

History

• Statutory Authority: RCW 46.37.005. WSR 15-19-102, § 204-10-036, filed 9/18/15, effective 10/19/15. Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-036, filed 9/16/08, effective 10/17/08.

Wash. Admin. Code § 204-10-038 Exhaust system.

A motor vehicle must be equipped with a leakproof exhaust system that includes the exhaust manifold(s), headers, the piping leading from the flange of the exhaust manifold(s), the muffler(s), and the tail piping.

Exhaust systems on property-carrying vehicles must:

(1) Discharge the exhaust fumes to the rear of that part of the vehicle designed and normally used for carrying the driver and passengers.

(2) Discharge the exhaust fumes at a location to the rear of the vehicle body or direct the exhaust fumes outward from the side of the vehicle body at a location rearward of any operable side windows.

(3) Not have any part of the exhaust system pass through any area of the vehicle that is used as a passenger compartment, nor in close proximity to the fuel system without being properly shielded.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-038, filed 9/16/08, effective 10/17/08.

Wash. Admin. Code § 204-10-045 Hands-free wireless communications systems.

Hands-free cellular telephone devices may be used by motorists while driving motor vehicles as long as the use complies with RCW 46.61.667. Listening devices that include an earpiece must cover or be attached to only one ear.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-045, filed 9/16/08, effective 10/17/08. Statutory Authority: RCW 46.37.005 and 46.37.480. WSR 97-10-024, § 204-10-045, filed 4/29/97, effective 5/30/97.

Wash. Admin. Code § 204-10-050 Reflectorized warning device.

Reflectorized warning devices used by law enforcement must:

(1) Conform to those devices described in RCW 46.37.450 and requirements of the Washington state department of transportation standard specifications for road, bridge, and municipal construction, Section 9-28.6, "Enclosed lens reflective sheeting." These specifications are available through the Washington State Patrol, 210 11th Avenue, Olympia, Washington 98504, or the Washington State Department of Transportation, 310 Maple Park Avenue, Olympia, Washington 98504.

(2) Be placed on a vehicle whenever any such vehicle is disabled upon the traveled portion of any highway or shoulder thereof outside any municipality, at any time when lights are required by RCW 46.04.200, upon discovery of such disabled vehicle by law enforcement, a reflectorized device such as those defined in RCW 46.37.450 or this section.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-050, filed 9/16/08, effective 10/17/08. Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.280, 46.37.310, 46.37.320 and 46.37.380. WSR 81-18-008 (Order 81-08-02), § 204-10-050, filed 8/21/81.

Wash. Admin. Code § 204-10-060 Reflectors.

(1) On motor vehicles, reflex reflectors must be securely mounted on a rigid part of the vehicle with the plane of the lens perpendicular to the roadway and parallel to the rear axle. Side reflex reflectors must be mounted with the lens face perpendicular to the roadway and parallel to the rear wheels.

(2) On bicycles, the reflectors must be securely mounted and of a type conforming to 16 C.F.R. Part 1512.

(3) On motorized foot scooters, a red reflector on the rear that is visible from a distance of five hundred feet when directly in front of lawful upper beams of headlamps on a motor vehicle. It shall also be equipped with reflective material and of sufficient size and reflectivity to be visible from both sides at a distance of five hundred feet.

History

• Statutory Authority: RCW 46.37.005, 46.37.320, and 46.20.500. WSR 21-01-054, § 204-10-060, filed 12/9/20, effective 1/9/21. Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-060, filed 9/16/08, effective 10/17/08. Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.280, 46.37.310, 46.37.320 and 46.37.380. WSR 81-18-008 (Order 81-08-02), § 204-10-060, filed 8/21/81.

Wash. Admin. Code § 204-10-070 Air conditioning units.

(1) Society of Automotive Engineers (SAE) Standard J639 is adopted by reference as the standard for automotive air conditioning units.

(2) SAE Standard J51 is adopted by reference as the standard for automotive air conditioning hose.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-070, filed 9/16/08, effective 10/17/08
• WSR 98-04-053, § 204-10-070, filed 1/30/98, effective 3/2/98. Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.280, 46.37.310, 46.37.320 and 46.37.380. WSR 81-18-008 (Order 81-08-02), § 204-10-070, filed 8/21/81.

Wash. Admin. Code § 204-10-080 Wheelchair conveyance.

The wheelchair conveyance must be equipped with a propulsion device capable of propelling the vehicle at a minimum speed of 20 mph on level ground.

(1) Every wheelchair conveyance that is designed to travel on four wheels in contact with the ground must comply with the provisions of chapter 46.37 RCW as they pertain to motor vehicle equipment.

(2) Every wheelchair conveyance that is designed to travel on not more than three wheels in contact with the ground must comply with the equipment requirements for motorcycles, motor-driven cycles, and mopeds contained in chapters 46.37 and 46.61 RCW: Provided, That all wheelchair conveyances must be equipped with two rear view mirrors and turn signals as defined in RCW 46.37.400 and 46.37.200.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-080, filed 9/16/08, effective 10/17/08. Statutory Authority: RCW 46.37.440. WSR 82-16-049 (Order 82-07-03), § 204-10-080, filed 7/29/82. Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.280, 46.37.310, 46.37.320 and 46.37.380. WSR 81-18-008 (Order 81-08-02), § 204-10-080, filed 8/21/81.

Wash. Admin. Code § 204-10-090 Equipment prohibited.

If aftermarket equipment is installed on a vehicle, it must not impair the effectiveness of equipment required by 49 Code of Federal Regulations (C.F.R.) Part 571, chapter 46.37 RCW or Title 204 WAC.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-090, filed 9/16/08, effective 10/17/08
• WSR 98-04-053, § 204-10-090, filed 1/30/98, effective 3/2/98. Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.280, 46.37.310, 46.37.320 and 46.37.380. WSR 81-18-008 (Order 81-08-02), § 204-10-090, filed 8/21/81.

Wash. Admin. Code § 204-10-120 Sirens.

Society of Automotive Engineers (SAE) Standard J1849 is adopted by reference as the standard for emergency vehicle sirens.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-079, § 204-10-120, filed 9/16/08, effective 10/17/08. Statutory Authority: RCW 46.37.005. WSR 93-11-018, § 204-10-120, filed 5/6/93, effective 6/6/93. Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.280, 46.37.310, 46.37.320 and 46.37.380. WSR 81-18-008 (Order 81-08-02), § 204-10-120, filed 8/21/81.

Chapter 204-21 Lighting requirements.

Wash. Admin. Code § 204-21-010 Purpose and authority.

The purpose of this chapter is to outline additional lighting requirements in an effort to reduce motor vehicle collisions caused by improper lighting.

By authority of RCW 46.37.005, 46.37.185, 46.37.190, 46.37.194, 46.37.280, 46.37.290, 46.37.300, 46.37.310, 46.37.320, and chapter 119, Laws of 1984, the Washington state patrol adopts the following rules pertaining to the mounting, adjusting, and aiming of lamps used upon motor vehicles.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-104, § 204-21-010, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-020 Definitions.

(1) "Agricultural equipment" means any farm vehicle required by RCW 46.37.160 to have hazard warning lamps.

(2) "Animal control vehicle" means any vehicle, either publicly or privately owned, which is used primarily for transportation of animals to or from animal shelters, humane society facilities, or veterinary medicine facilities.

(3) "Authorized emergency vehicle" will have the same meaning as RCW 46.04.040 except that any vehicle of any federal law enforcement entity will also be considered as an authorized emergency vehicle that need not be classified, registered, or authorized by the patrol.

(4) "C.F.R." means the Code of Federal Regulations.

(5) "Deceleration warning light," excluding stop lamps, means a device that indicates to a following driver the deceleration of the vehicle ahead.

(6) "Electronic light modulation" means the periodic change in intensity of light, controlled by an all electric modulating device in the electrical circuit of the lighting system.

(7) "Electronic modulation" means using 100 percent electronic circuitry instead of mechanical metallic switches.

(8) "Emergency tow truck" means a motor vehicle that is especially designed and constructed principally for the purpose of recovery and/or towing of disabled, abandoned or damaged vehicles and not otherwise generally used in transporting goods or persons.

(9) "Flashing" means any lamp which emits a beam of light which is broken intermittently and regularly by use of an electronic or electric switch, a rotating reflector, a rotating lamp, or a strobe lamp; or a lamp which emits a steady beam of light which is intermittently and regularly directed away from any viewer by means of a rotating or oscillating reflector or lamp assembly. Flashing lamps are not to be confused with modulated lamps which intermittently and regularly decrease the power to the lamp filament so as to dim the light output but do not cause a total break in the light beam.

(10) "FMVSS" means the Federal Motor Vehicle Safety Standards 49 Code of Federal Regulations (C.F.R.) Part 571.

(11) "Hazardous materials response team vehicle" means any vehicle either publicly or privately owned which is used for responding to hazardous materials incidents.

(12) "Headlamp flashing system" means an automatic method for controlling the high beams from the headlamps so that they can be alternately flashed in sequence on opposite sides of the front of the vehicle as a warning signal.

(13) "Highway maintenance vehicle" means a vehicle used primarily or exclusively for road repair, maintenance, or related public works operations.

(14) "Industrial equipment" means any vehicle which is authorized to use amber lamps under WAC 204-21-130 for the purpose of landscaping, construction services, loading, digging, grounds keeping, and highway maintenance.

(15) "Law enforcement agency" means any municipal, port district or tribal police department, county police department or sheriff's office, the Washington state patrol, or any other state or federal agency which is publicly authorized to carry out law enforcement duties which include the authority to stop and detain motor vehicles on the public highways of this state.

(16) "Law enforcement vehicle" means a publicly owned or leased vehicle operated by a law enforcement agency and which is used for the law enforcement functions of the agency.

(17) "Oversize unit" means any vehicle towing a load that exceeds legal dimensions which may be equipped with flashing amber lights in addition to any other lights required by law.

(18) "Percent modulation" equals time-weighted power input with modulation to headlamp divided by time-weighted power input without modulation to headlamp times 100.

(19) "Pilot car" means any vehicle which is used to provide escort for overlegal size loads upon the roadways of this state.

(20) "Private carrier bus" means every motor vehicle designed for the purpose of carrying passengers (having a seating capacity for 11 or more persons) used regularly to transport persons in furtherance of any organized agricultural, religious or charitable purpose. Such term does not include buses operated by common carriers under a franchise granted by any city or town or the Washington public utilities commission.

(21) "Public utility vehicle" means any vehicle used for construction, operations, or maintenance, and that is owned or operated by a public or private utility, including, but not limited to, companies providing water, electricity, natural gas, telephone, television cable services, and railroads, or that is working in conjunction with any public utility.

(22) "Rural newspaper carrier vehicle" means any vehicle driven on rural roads by carriers delivering newspapers on their route.

(23) "SAE" means the Society of Automotive Engineers. Copies of SAE Standards may be ordered from the Society of Automotive Engineers International, 400 Commonwealth Drive, Warrendale, PA 15096-0001.

(24) "Search and rescue team vehicle" means any vehicle either publicly or privately owned which is used for responding to search and rescue situations.

(25) "Signal lamps" means red lamps mounted on the vehicle to be used in conjunction with the "stop signal" when the bus is loading or unloading passengers under certain conditions.

(26) "Snow removal vehicle" means any publicly or privately owned vehicle that is used primarily for removing snow and ice from roadways.

(27) "Tow truck" means any vehicle engaged in removing disabled or abandoned vehicles from the roadway and that is used primarily for that purpose.

History

• Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.300, and 46.37.320. WSR 26-08-036, s 204-21-020, filed 3/25/26, effective 4/25/26. Statutory Authority: RCW 46.37.005. WSR 14-17-106, § 204-21-020, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 46.37.320 and 46.37.005. WSR 10-19-074, § 204-21-020, filed 9/16/10, effective 10/17/10
• WSR 08-19-104, § 204-21-020, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-030 General lighting requirements.

(1) All lighting equipment must be mounted:

(a) Securely on a rigid part of the vehicle to prevent noticeable vibration of the beam.

(b) At the height prescribed as measured from the center of the lamp or reflector to the level surface upon which the vehicle stands when it is without load.

(c) In accordance with orientation markings such as "top" if such markings exist.

(d) Installed with the lettering on the lens face right side up if the lamp has a sealed or semisealed optical unit.

(e) At the same angle as originally intended for the vehicle for which they were designed, unless the lamps are designed for a particular make of vehicle and installed on another vehicle, then the lamp does not need to be mounted at the same height or lateral spacing as the original vehicle so long as the height and lateral spacing comply with the requirements outlined in 49 C.F.R. Part 571.108 (FMVSS 108), chapter 46.37 RCW, and this title.

(f) Maintained with the proper aim when the vehicle is stationary and in motion.

(2) All lighting equipment must be aimed so the center of the beam produced by the major filament is parallel to the road and projects directly to the front, side, or rear, depending on mounting location, unless otherwise outlined in 49 C.F.R. Part 571.108 (FMVSS 108), chapter 46.37 RCW, or this title. The lamps must be aimed with only the driver in the vehicle, except that lamps on vehicles which normally carry a load should be aimed with the vehicle so loaded. Enforcement agencies that inspect vehicles may establish aiming tolerances to allow for variations in inspection procedures and in vehicle loading.

(a) If the road lighting device is visually aimed, it must be aimed as specified in the following sections of this rule on a vertical aiming screen at a distance of twenty-five feet from the front of the lens surface or with an optical aimer meeting SAE J600a (March 1965) with the aiming line on the screen adjusted to the level of the surface upon which the vehicle stands or with an optical aimer designed to aim headlamps complying with Canadian Standards Association Regulation D106.2.

(b) If the road lighting device is mechanically aimed, it must be set at 0-0 with a mechanical aimer meeting SAE J602c (December 1974).

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-104, § 204-21-030, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-040 Headlamps.

Headlamps must be mounted as specified in FMVSS 108, chapter 46.37 RCW, and as follows:

(1) On motor vehicles:

(a) If installed after November 15, 1975, the headlamps must not be closer than twelve inches to the centerline of the vehicle. This distance must be measured from the center of the lens. Except motorcycles, motor-driven cycles, and motorized bicycles must have the headlamps spaced as far apart as practicable.

(b) Adjusting and aiming of headlamps:

(i) If the headlamp is a Type 1 sealed beam headlamp unit (including those with any suffix letters and numbers such as 1A and 1C1) the lamp must be aimed with the center of the high intensity zone on the vertical line straight ahead of the lamp center and at the level of the lamp center.

(ii) If the headlamp is a Type 2 sealed beam headlamp unit (including those with any suffix letters and numbers such as 2A1 and 2B) the lamp must be aimed with the left edge of the high intensity zone on the vertical line straight ahead of the lamp center and with the top edge of the high intensity zone at the level of the lamp center.

(iii) If the headlamp is quartz halogen nonsealed beam meeting the requirements of the Canadian Standards Association: The high beam lamp must be aimed as specified for Type 1 headlamps in (b)(i) of this subsection; the low beam lamps must be aimed so that the top edge of the low beam cutoff is three inches below the level of the lamp center, and the point which the cutoff rises to the right must be on the vertical line with the center of the lamp.

(c) In cases of customized headlamp installation, headlamps must not be mounted closer together than requirements outlined for the year or original manufacture of the vehicle body.

(2) On motorcycles or motor-driven cycles with multiple beam lamps, the lamps must be aimed on the upper beam as specified for Type 1 units in subsection (1)(b)(i) of this section. As an alternative, motorcycle headlamps or motor-driven cycles with multiple beam headlamps with a well-defined lower beam may be aimed on the lower beam as specified for Type 2 units in subsection (1)(b)(ii) of this section with the vehicle upright and the front wheel facing straight ahead.

(3) On motor-driven cycles with single beam headlamps, the lamps must be aimed with the center of the high intensity zone on a vertical centerline straight ahead of the lamp center and with the top edge of the high intensity zone at the level of the lamp center.

(4) On motorcycles and motor-driven cycles with electronic headlamp modulators.

(a) The headlamp modular must:

(i) Be inserted in the high beam headlight circuit on motorcycles between the high beam hand switch and high beam filament in the lamp.

(ii) Be located on a frame bar or other substantial structure number, easily accessible to the operator for quick access to a bypass switch. The device should be air cooled, if necessary.

(iii) Be designed to continuously operate 60 watt headlamps.

(iv) Have an electrical bypass switch rated at 6 amps, 12.8 volts.

(v) Be made to change modulation amplitude:

(A) Daytime - modulation depth should be at least 50% but not more than 80%.

(B) Nighttime - not more than 20% modulation.

(C) At no time while the light modulator is being used should the percent modulation become 100%. This condition switches off the light intermittently and leads to premature filament failure.

(vi) Have No. 16 AWG stranded copper interconnecting wire.

(vii) Not make changes that would render ineffective any portion of 49 C.F.R. Part 571.108 (FMVSS 108).

(b) The headlamp modular should:

(i) Not use potentially dangerous voltages, i.e., above 50 volts, in the light modulator.

(ii) Operate within a frequency band of one cycle every two seconds to not more than four times per second.

(iii) Be sealed to prevent water intrusion.

(iv) Be designed to withstand intense vibration at 130°F.

(v) Be capable of operating over a voltage range of from 8 to 14 volts with no discernible change in its operating characteristics other than in headlamp brightness.

(vi) Not alter the low beam headlight circuit so that it may be used as backup in case of modulator malfunction.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-104, § 204-21-040, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-050 Clearance lamps, side marker lamps and identification lamps.

Clearance lamps, side marker lamps, and identification lamps must be mounted as specified in 49 C.F.R. Part 571.108 (FMVSS 108) unless other requirements are outlined in RCW 46.37.090 or this section.

(1) Clearance lamps on vehicles manufactured prior to May 1, 1980, do not need to be visible at the inboard angles and need not comply with the mounting height requirements of 49 C.F.R. Part 571.108 (FMVSS 108).

(2) Specialized combination lamps designed to be mounted with the base at angles other than 0, 45, or 90 degrees from the longitudinal axis of the vehicle must be installed in accordance with the manufacturer's instructions.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-104, § 204-21-050, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-060 Turn signal lamps.

(1) Turn signal lamps visible to approaching or following drivers must:

(a) Flash at a rate of sixty to one hundred twenty flashes per minute.

(b) Flash in unison. Except that a turn signal consisting of two or more units mounted horizontally may flash in sequence from inboard to outboard. The lamps may either be extinguished simultaneously or lighted simultaneously.

(c) Be mounted and operated as follows:

(i) On motor vehicles, turn signal systems must:

(A) Have four separate lamps consisting of at least two single-faced or double-faced turn signal lamps on or near the front and at least two single-faced lamps on the rear. Except that a truck-tractor or a truck chassis without a body or load may be equipped with one double-faced turn signal lamp on each side in lieu of the four separate lamps otherwise required on motor vehicles. If double-faced turn lamps are used, they must be mounted ahead of the center of the steering wheel or the center of the outside rearview mirror, whichever is rearmost.

(B) Be spaced as far apart as practical.

(C) Have the optical center of the front turn signal at least four inches from the inside diameter of the retaining ring of the lower beam headlamp unit, fog lamp unit, or passing lamp unit. Except original equipment turn signals that emit two and one-half times the minimum candela requirements may be closer.

(ii) For motorcycles, the front and rear turn signal lamps must be at least nine inches apart, except that front turn signals on motorcycles manufactured after January 1, 1973, must be at least sixteen inches apart.

(iii) On the rearmost towed vehicle in combination of vehicles, turn signal systems must be equipped with at least two single-faced turn signal lamps on the rear. The signal system on a combination of vehicles towed by a motor vehicle equipped with double-faced front turn signal lamps may be connected so only the double-faced turn signal lamps on the towing vehicle and the signal lamps on the rear of the rearmost vehicle are operative.

(2) Side turn signal lamps must:

(a) Meet SAE Standard J914.

(b) Be mounted on the side not lower than twenty inches or higher than seventy-two inches.

(c) Flash with the front and rear turn signal lamps on their respective sides of the vehicle. On vehicles with sequential turn signal lamps, the side turn signal lamps must flash with the front turn signal lamps.

(d) Flash with the rear turn signal lamps, if the side lamps flash when the hazard warning switch is actuated.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-104, § 204-21-060, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-070 Supplemental high-mounted stop and rear turn signal lamps.

Supplemental high-mounted stop and rear turn signal lamps must meet requirements of SAE J1957 and J2068.

(1) Supplemental high-mounted stop and rear turn signal lamps must:

(a) Be single-faced.

(b) Be actuated in the same manner and at the same time as the required stop lamps or turn signal lamps.

(c) Be mounted not lower than thirty-five inches nor higher than fifty-five inches. Except that standard stop or turn signal lamps not combined with tail lamps or reflex reflectors may be used respectively as supplemental lamps in which case they must be mounted at any height not lower than fifteen inches or higher than seventy-two inches.

(d) Not be used in lieu of required stop and turn signal lamps.

(2) Supplemental turn signal lamps and combination stop-and-turn signal lamps must be mounted in pairs facing the rear with one lamp near each side of the vehicle, at the same height and equally spaced from the vehicle centerline.

(3) Supplemental stop lamps must be mounted in pairs as specified above or with not more than two lamps on or adjacent to the centerline of the vehicle.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-104, § 204-21-070, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-080 Fog lamps.

(1) Fog lamps must:

(a) Meet SAE Standard J583.

(b) Be white to amber in color.

(c) Be mounted in accordance with RCW 46.37.180 and so the inner edge of the lens retaining ring is no closer than four inches to the optical center of the front turn signal lamp to provide illumination in front of the vehicle under conditions of rain, snow, dust or fog.

(d) Not be used alone in lieu of headlamps, but may be used with lower head lamp beams as specified in RCW 46.37.220.

(2) Fog tail lamps must meet standards set by SAE J1319.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-104, § 204-21-080, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-090 Auxiliary driving lamps.

Auxiliary driving lamps must:

(1) Meet SAE Standard J581.

(2) Be white in color.

(3) Provide illumination forward the vehicle.

(4) Be wired so that the taillights are lighted whenever the driving lamps are lighted. If driving lamps are not wired to operate only with headlamp high beams, a separate switch and indicator lamp must be provided to operate the driving lamps.

(5) Be aimed with the center of the high intensity zone on a vertical line straight ahead of the lamp center and at the level of the lamp center.

(6) Not be used alone in lieu of headlamps, but may be used to supplement the upper beam of a standard headlight system as specified in RCW 46.37.220, and may only be used to supplement the upper beam of a standard headlamp system.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-104, § 204-21-090, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-100 Auxiliary passing lamps.

Auxiliary passing lamps must:

(1) Meet SAE Standard J582a.

(2) Be white to amber in color.

(3) Be mounted in accordance with RCW 46.37.180 and so the inner edge of the lens retaining ring is no closer than four inches to the optical center of the front turn signal lamp.

(4) Be aimed with the top edge of the high intensity zone one inch above the level of the lamp center and with the left edge of the high intensity zone five inches to the left of a vertical line straight ahead of the lamp center.

(5) Not be used alone in lieu of headlamps, but may be used at the driver's discretion with either low or high beam headlamps as specified in RCW 46.37.220.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-104, § 204-21-100, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-110 Spot lamps.

Spot lamps must meet SAE Standard J591.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-104, § 204-21-110, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-120 Cornering lamps.

Cornering lamps:

(1) Must meet SAE Standard J852.

(2) Must be on the front of the vehicle near the side or the side near the front.

(3) Must, if they have means to adjust and aim the lamp, be mounted so the center of the high intensity portion of the beam is within 40 to 50 degrees from the longitudinal axis of the vertical toward the front. The vertical aim must be within the center of the high intensity zone, 10 to 14 inches below the level of the lamp center.

(4) Must, if they don't have aiming mechanisms, be mounted in a fixed position on the vehicle in accordance with the manufacturer's instructions.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 23-20-052, § 204-21-120, filed 9/28/23, effective 10/29/23
• WSR 08-19-104, § 204-21-120, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-130 Emergency lamps.

(1) All emergency lamps must meet the criteria established in RCW 46.37.320. In descending order of preference, these are:

(a) Conformance to Federal Motor Vehicle Safety Standards, or; if none

(b) Conformance to current standards and specifications of the Society of Automotive Engineers, or; if none

(c) Certified for compliance by any recognized organization or agency such as, but not limited to, the American National Standards Institute, the Society of Automotive Engineers, or the American Association of Motor Vehicle Administrators.

(2) Headlamp flashing systems may be used for authorized emergency vehicles owned and operated by law enforcement agencies, licensed ambulance companies, and fire departments. Headlamp flashing systems must:

(a) Have a circuit that alternately flashes only the high beams from the headlamps at a rate of 60 to 120 flashes per minute per side.

(b) Be so designated that any failure to flash the lamps will not result in failure of the headlamp system to operate normally.

(c) Incorporate an override feature which must stop the flashing and provide full illumination from both high beam headlamps when the dimmer switch is in the high-beam mode.

(d) Have an indicator lamp included in the circuit to give a visible and unmistakable indication to the driver that the system is turned on.

(3) The following table outlines the color of emergency lamps to be used for each type of vehicle.

(4) Green lamps for volunteer firefighter and firefighter private vehicles must:

(a) Meet the requirements of SAE J595 except that the color of the lamp must be green as the color described in SAE J578.

(b) Be visible for a distance of 200 feet under normal atmospheric conditions.

(c) Not have a maximum light projected in any one direction exceeding 300 candle power.

(d) Be mounted no less than 24 inches above the level surface upon which the vehicle stands, or may be placed on the forward portion of the top above the windshield.

(e) Be mounted anywhere from the center of the vehicle to the left side thereof.

(f) Be used only for the purpose of identification and the operator of a vehicle so equipped must not be entitled to any of the privileges provided in RCW 46.61.035 for the operators of authorized emergency vehicles.

(5) Amber lamps must:

(a) Be mounted and be of sufficient intensity so as to be clearly visible to approaching traffic for at least 500 feet in normal sunlight.

(b) Be mounted as outlined in WAC 204-21-020 and as follows:

(i) Must be mounted so that the entire projected area of the lens is visible from all eye heights of drivers of other vehicles at angles within 45 degrees left to 45 degrees right of the front of the vehicle. If the light within these required angles is blocked by the vehicle or any substantial object on it, an additional amber lamp must be displayed within the obstructed angle.

(ii) May be mounted at any height.

(c) Only be used on the vehicles described in subsection (3) of this section, when such vehicles are actually involved in construction, maintenance, or operations which require that warning be given to ensure the protection of the motoring public or the work crew. Lamps must not be illuminated while traveling to or from the site of operations. For the purposes of tow truck operations, the site of operations must be only that place where vehicles are attached to or detached from the tow truck. Lamps on pilot cars must be illuminated only while the vehicle is actually providing escort service. Lamps on rural newspaper delivery vehicles must only be illuminated when the vehicle is traveling on the delivery route. Lamps on oversize units may be illuminated when traveling on public roadways. The operator of these vehicles are not entitled to any other privileges provided in RCW 46.61.035 for the operators of authorized emergency vehicles.

(6) Three hundred sixty degree warning lamps must meet SAE Standard J845.

(7) Nothing in this section relieves the operator of any vehicle from displaying any other light or warning device required by statute or regulation.

History

• Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.300, and 46.37.320. WSR 26-08-036, s 204-21-130, filed 3/25/26, effective 4/25/26. Statutory Authority: RCW 46.37.005, 46.37.320, and 46.37.194. WSR 24-16-032, § 204-21-130, filed 7/29/24, effective 8/29/24
• WSR 22-21-031, § 204-21-130, filed 10/6/22, effective 11/6/22. Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-104, § 204-21-130, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-140 Flashing warning lamps.

Flashing warning lamps may be mounted at any height and must:

(1) Meet the SAE Standards outlined for the type of vehicle as outlined in the table below.

(2) Be mounted so that the entire projected area of the lens is visible from all eye heights of drivers of other vehicles at angles within forty-five degrees left to forty-five degrees right of the front of the vehicle. If the light within these required angles is blocked by the vehicle or any substantial object on it, an additional warning lamp must be displayed within the obstructed angle.

History

• Statutory Authority: RCW 46.37.320 and 46.37.005. WSR 10-19-074, § 204-21-140, filed 9/16/10, effective 10/17/10
• WSR 08-19-104, § 204-21-140, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-150 Side cowl fender or running board courtesy lamps.

Side cowl, fender, or running board courtesy lamps must meet SAE Standard J575.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 08-19-104, § 204-21-150, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-160 Slow-moving vehicle emblems.

(1) Every farm tractor, self-propelled unit of farm equipment, implement of husbandry designed for operation at speeds not in excess of twenty-five miles per hour and every combination of farm tractor and towed farm equipment or towed implement of husbandry normally operated at speeds not in excess of twenty-five miles per hour must at all times be equipped with a slow-moving vehicle emblem.

(2) Other classes of vehicles not covered by RCW 46.37.160 such as road construction vehicles and road maintenance vehicles which normally operate at a speed of twenty-five miles per hour or less may be equipped with slow-moving vehicle emblems meeting the requirements of this section.

(3) In order to comply with the provisions of RCW 46.37.160(6), slow-moving vehicle emblems:

(a) Must be constructed in conformance with SAE Standard J943.

(b) Must be mounted point up in plane perpendicular to the direction of travel of the vehicle so that the reflectorized side of the emblem is facing to the rear.

(c) Must be mounted, as nearly as is practicable, centrally at the rear of the vehicle in an unobscured location.

(d) Must be mounted not less than two feet nor more than six feet above the ground on which the vehicle stands measured from the lower edge of the emblem.

(e) May be permanently attached to the vehicle. Where portable brackets are used, they must be so constructed that they will hold the emblem securely and in a position meeting the requirements of all other mounting instructions under this section.

(f) Must be placed on the towed unit if the towed unit is sufficiently large to obscure the slow-moving vehicle emblem on the farm tractor, the towed unit must be equipped with a slow-moving vehicle emblem. In such cases, the towing vehicle need not display the emblem. Where the slow-moving vehicle emblem on the farm tractor unit is not obscured by the towed unit, then either or both may be equipped with the required emblem.

(g) Must not replace any of the required lamps or other devices required in chapter 46.37 RCW.

(h) Must not be used as a clearance marker for wide equipment.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 15-16-124, § 204-21-160, filed 8/5/15, effective 9/5/15
• WSR 08-19-104, § 204-21-160, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-170 Additional lighting for snow removal, highway maintenance and refuse haulers.

(1) Additional headlamps may be positioned sufficiently high enough to clear operating equipment provided they are aimed at an angle to avoid blinding oncoming traffic while on their routes, involved in construction, maintenance, and/or operations. Except, refuse haulers must:

(a) Use regular mounted headlamps when transporting refuse to the dump site. Auxiliary headlamps may be used if necessary.

(b) Use the alternate lights when the refuse haulers' collections container is in a position to obscure the headlamps, and will not exceed 20 miles per hour.

(2) Additional operating lamps may be located on the top of the cab or at other locations to illuminate plowing, abrasive spreading or other equipment.

(3) No flashing red warning signal except those required by RCW 46.37.150 will be displayed or used on any highway equipment.

(4) Snow removal vehicles owned or operated by state, county, or municipal agencies and highway maintenance vehicles may be equipped with flashing green and white lamps, in addition to amber lamps.

(a) The green and white lamps must be:

(i) Of sufficient intensity to be clearly visible to approaching traffic from a distance of at least 500 feet in normal sunlight; and

(ii) Must be mounted in accordance with WAC 204-21-020 and must be positioned so that the entire projected area of the lens is visible to drivers of other vehicles at all eye heights within an angle of 45 degrees to the left and 45 degrees to the right of the front of the vehicle. If the lamp is obstructed within these angles by the vehicle or any substantial component on it, an additional amber lamp must be displayed within the obstructed angle.

(b) The green and white lamps may only be illuminated while the vehicle is actively engaged in snow and ice removal or highway maintenance operations and must not be illuminated while the vehicle is traveling to or from the site of operations.

(c) The use of green and white lamps does not confer any privileges granted to authorized emergency vehicles as defined in RCW 46.61.035.

(5) Amber colored lamps must:

(a) Be mounted on the cab or other high point of the equipment so as to be visible at all times, at least from the front and rear of the vehicle, from a distance of 500 feet in normal sunlight, unless otherwise prescribed below.

(b) Have a minimum light intensity of the lamp filament not be less than 21 candle power.

(c) Be used on the following vehicles:

(i) Power shovels or other similar highway maintenance equipment. The amber lamp and a red flag are to indicate an extension which designates the maximum danger limit created by the swing of the cab while operating along the traffic lane.

(ii) Other highway equipment which creates a potential hazard to traffic including those vehicles and trailers for construction, maintenance, and operations.

(iii) Knuckle of all man lift-type platform trucks with articulating boom, where the knuckle is capable of being rotated beyond the side of the truck.

(d) Only be illuminated:

(i) When the equipment is actually involved in construction, maintenance, collecting refuse, and/or operations.

(ii) When the equipment is traveling to or from the job site and is unable to maintain, either because of equipment limitations, or other reasons, at least one-half posted or prevailing speed.

History

• Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.300, and 46.37.320. WSR 26-08-036, s 204-21-170, filed 3/25/26, effective 4/25/26. Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 15-16-124, § 204-21-170, filed 8/5/15, effective 9/5/15
• WSR 08-19-104, § 204-21-170, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-180 Deceleration alert lamp system.

(1) Deceleration warning lights must:

(a) Be installed as follows:

(i) Only one such system may be mounted on a motor vehicle, trailer, semitrailer, truck tractor, or pole trailer.

(ii) Provision must be made for rigid or shock-absorbing mounting.

(iii) The axis of the light beam must be parallel to the roadway and the longitudinal axis of the vehicle.

(iv) The lamp must be mounted on the centerline of the rear exterior of the vehicle or with the optical center of the lamp not more than fifteen inches from the centerline.

(v) The deceleration warning light system must be mounted as nearly as practicable at the same height as the existing stop lamps on the vehicle.

(vi) Visibility of the deceleration lamps to the rear must not be obstructed by any part of the vehicle or load thereon.

(b) Meet Type I or Type II requirements and test methods for a deceleration alert system.

(i) Type I - the system must:

(A) Be mounted on the rear of the vehicle as close as possible to the vertical centerline of the vehicle.

(B) Be mounted at a height of not more than seventy-two inches nor less than fifteen inches.

(C) Have a center-to-center (optical axis) distance between two adjacent compartments not exceeding six inches.

(D) Have three compartments. The center compartment emits a green light and is energized when the vehicle operator has the accelerator depressed. The two outer compartments emit an amber light and are energized when the operator releases the accelerator and prior to applying pressure to the foot brake pedal. When the amber lights are energized, the green light is deenergized. When pressure is applied to the foot brake pedal, the amber lights are deenergized and the vehicle's stop lamps operate in the normal manner. SAE Standard J578d is adopted for color chromaticity boundaries.

(E) Meet the requirements under the following sections of SAE J575g: Section B, samples for test; Section C, lamp bulbs; Section D, laboratory facilities; Section E, vibration test; Section F, moisture test; Section G, dust test; Section H, corrosion test; and Section J, photometry. If plastic material is used in optical parts it must comply with the requirements set forth in SAE J576c.

(F) Measure the beam candle power with the H-V axis taken as paralleled to the longitudinal axis of the vehicle. The candle power measurements for the center green compartment must be made with the incandescent filament of the lamp at least ten feet from the photometric screen.

Beam candle power measurements of the two amber compartments must be made by either of the following methods:

(I) The two compartments may be photometered together provided that a line from the optical axis (filament centers) of each compartment to the center of the photometer sensing device does not make an angle of more than 0.6° with the photometer (H-V) axis.

(II) Each compartment may be photometered separately by aligning its axis with the photometer and adding the value at each test point.

Table 1 lists the design candle power requirements for the two outer amber lights, and Table 2 lists the design candle power requirements for the center green light.

(ii) Type II - The system must:

(A) Operate so as to indicate a component of deceleration of the vehicle on which it is installed by varying the flashing rate of a yellow lamp when the service brakes are applied.

(B) Incorporate an automatic means for reducing the intensity of the lamp during darkness. The system must cause the voltage to the deceleration lamps to decrease to 5.0 V ± 10% at 0 g deceleration during darkness. The specified voltage must be reached when the illumination on the sensor is not more than 5 lm/sq. ft., nor less than 0.5 lm/sq. ft.

(C) Have an output voltage, duty cycle, and flash rate of the control unit as a temperature of 24° ± 5.5°C (75° ± 10°F), when 12.8 V dc is applied to the input terminal, as shown in Table I when the control sensor is placed on a tilt table and slightly vibrated as the table is slowly rotated through the angles representing the specified vehicle deceleration rates.

table i

(D) Have a deceleration at which the unit switches from a lower to a higher flash rate that is within ± 0.05 g of the rate specified in Table I. If the unit operates at more steps than the required minimum, the additional values for each column must lie on the smooth curve connecting the indicated values within the specified tolerances. The values specified in Table II apply to ramp-type inertial sensors for which the downward angles correspond to the deceleration and a tolerance of 3.0° applies to the tilt angle.

table ii

(E) Have the rms of the output voltage during the on portion of the flash cycle at the 1 Hz flash rate within ± 5% of the specified value, measured at the lamp bulbs with daytime illumination on the automatic darkness sensor.

(F) Have a relative brightness of the lamp or bulbs at the decelerations within ± 25% of the specified values after the fifth flash with the brightness of the lamp or its bulbs taken as 1.0 when measured with the rms output voltage specified for 0 g deceleration.

(G) Have a flash rate within ± 15% of the specified value. The percent on time must be within ± 10% of the specified value.

(H) Have linear dip corrections varying from 4° at 0.5 g or more deceleration to 0° at 0 g on passenger vehicles and pickup trucks that have substantial front end dip upon braking.

(I) Comply with the following mechanical tests in SAE Standard J575g (tests for motor vehicle lighting devices and components): Corrosion, dust, moisture, vibration, and warpage (at a flashing rate of 1 Hz when a plastic lens or housing is used).

(J) Meet the following control system requirements at both 11 V and 15 V:

(I) Low temperature test. The control system must be placed in its normal operating position in a circulating air cabinet at -32° ± 3°C (-25° ± 5°F) for 2 hours. At the end of that period and while still at that temperature, the unit must meet the requirements in Table I at 0 g and 0.3 g.

(II) High temperature test. The control system must be placed in its normal operating position in a circulating air cabinet at 74° 0°, -2.8°C (165° 0°, -5°F) for 2 hours. At the end of that period and while at that temperature, the unit must meet the requirements in Table I at 0 g and 0.3 g.

(K) Operate the control system continuously at a supply voltage of 12.8 V dc for 200 hours with no failure (except bulb replacement), after which it must meet the requirements in Table I at 0 g and 0.3 g.

(L) Meet the photometric requirements in Table III after the sample has been mechanically tested in the order shown in (b)(ii)(J) of this subsection for the luminous intensity of a deceleration lamp with the bulbs operated at mean spherical candela.

table iii

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 15-16-124, § 204-21-180, filed 8/5/15, effective 9/5/15
• WSR 08-19-104, § 204-21-180, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-190 School bus warning lamps.

(1) If the bus is a privately owned school bus or private carrier bus, then it must not use the eight lamp warning system unless such use is in conformance with the rules and regulations set forth by the superintendent of public instruction in chapters 392-143 and 392-145 WAC. The requirements for private carrier buses may be found under chapter 204-32 WAC.

(2) If the bus is a school bus owned and operated by any public school district and all privately owned school buses operated under contract with a school district in the state and used for the transportation of public school children, then the warning lamp system must:

(a) Be operated in accordance with the regulations set forth in chapter 392-145 WAC.

(b) Consist of a total of eight lamps conforming to SAE Standard J887 or the standard in effect for such lamp at the time it was manufactured. Two amber and two red on both the front and rear of the bus. The amber lamps must be mounted inboard of the red lamps.

(c) Be mounted as high as practicable on the bus body and as near the outside edges of the body as curvature permits.

(d) Have shielding to protect the lamps from the elements and/or be mounted flush with the body surface.

(e) Be mounted on a background that is painted black and extends a minimum of three inches outward from the lamps.

(f) Be mounted and aimed as specified in 49 C.F.R. Part 571.108 (FMVSS 108) and SAE Standard J887a.

(g) Be clearly visible from a distance of at least five hundred feet in normal sunlight.

(h) Be activated only by means of a manually operated switch. Such activation will cause the right and left amber lamps to flash alternately until the stop signal arm is extended, or the bus entrance door is opened, at which time the amber lamps must be automatically deactivated and the right and left red lamps must be automatically activated. Whenever the warning lamp system has been activated, opening of the entrance door must automatically deactivate the amber lamps, cause the stop signal arm to extend, and activate the red lamps. Automatic extension of the stop signal arm does not apply to systems equipped with a manually operated stop signal arm.

(i) Have all lamps flashing at a rate from sixty to one hundred twenty times per minute and must reach full brilliance during each cycle.

(j) Have lamp controls which must consist of:

(i) The master or sequencing switch which must be in plain view and mounted within easy reach of the driver, and which must activate the system sequencing and deactivate the system at any time during the sequence.

(ii) An override switch which must automatically activate the red lamps whenever the stop signal arm is extended even though the master control switch is turned off, and which must automatically deactivate the amber lamps if previously activated regardless of the then present normal state of sequencing or entrance door position. Such override switch must be designed and installed so as to function with air, vacuum, electric, or manually operated stop signal arms. The stop signal arm must be capable of being extended at any time, regardless of the position of the entrance door. The opening of the entrance door must not cause extension of the stop signal arm, or the activation of the red lamps unless the master switch has been activated.

(iii) A minimum of two pilot lamps, one amber and one red, each of which must flash when the like colored warning lamps are in operation. Pilot lamps which show the operation of each individual lamp are permissible. All pilot indicators must be located so as to be clearly visible to the driver.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 12-03-084, § 204-21-190, filed 1/13/12, effective 2/13/12
• WSR 08-19-104, § 204-21-190, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-200 Private carrier bus lamps.

(1) All signal lamps on private carrier buses must be constructed in conformance with the SAE Standard for "school bus red signal lamps," in effect at the time of manufacture of such lamps, and must:

(a) Be mounted on the front and rear of the bus, above the windows, as high and as widely spaced laterally as practicable but in no case will the lateral spacing of these lamps be less than forty inches.

(b) Be mounted so that the vision of front, signals to the front and rear signals to the rear, is not obstructed by any part of the vehicle from 5° above to 10° below the horizontal and from 30° to the right to 30° to the left of the centerline of the bus.

(c) Have the switch which activates the signal lamps be actuated by movement of the stop signal to the extended position.

(d) Be no switch between the signal lamps and the switch which activates these lamps when the stop signal is extended.

(e) Be a flashing red indicator lamp on the instrument panel of the vehicle which will indicate to the driver that the signal lamps are operating.

(f) Operate through a flasher unit which will cause the front signal lamps to flash alternately and the rear signal lamps to flash alternately at a rate no slower than sixty nor faster than one hundred twenty times per minute. The "on" period of the flasher must be long enough to permit the bulb filament to come up to a full brightness.

(g) Signal lamps must be aimed two inches below level at twenty-five feet and straight ahead. An aiming tolerance of from three inches up to seven inches down and ten inches right or left will be allowed.

(h) Only be actuated by the driver of a private carrier bus whenever such vehicle is stopped on the highway for the purpose of receiving or discharging passengers, except:

(i) When the passengers boarding or alighting do not have to cross a highway and the bus is stopped completely off the main traveled portion of the roadway; or

(ii) When the bus is stopped at an intersection or place where traffic is controlled by a traffic officer or official control signal.

(2) Rear turn signal lamp and stop lamp lenses must be amber in color to avoid confusion with signal lamps and the message on the warning sign.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 15-16-124, § 204-21-200, filed 8/5/15, effective 9/5/15
• WSR 08-19-104, § 204-21-200, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-210 Bus hazard warning strobe lamp.

All bus hazard warning strobe lamps must meet the Class 2 requirements of SAE Standard J1318, and may only be used as follows:

(1) School buses may be equipped with a single additional hazard strobe lamp in addition to the eight lamp warning system. Such lamps must:

(a) Be mounted on the centerline of the roof in the rear one-half of the bus.

(b) Be clear and less than eight inches in height.

(c) Not be mounted any closer than six feet from the rear of the bus measured from a vertical plane tangent to the rearmost point of the bus body. However, if the bus is equipped with a roof hatch falling within six feet of the rear of the bus, the strobe lamp may be located directly behind the roof hatch.

(d) Be activated by a switch independent of all other lamp switches. This switch must be plainly labeled and have a pilot lamp that must indicate when the lamp is in operation.

(e) Only be used when the bus is occupied with school children and one or more of the following conditions exists:

(i) The bus is in motion in inclement, sight obscuring conditions, including but not limited to rain, fog, snow, and smoke;

(ii) There is a need to improve the visibility of the bus when stopping, standing, or starting onto a highway;

(iii) There is limited visibility caused by geographic hazards such as winding roadways, hills, trees, buildings, etc.

The strobe lamp must not be activated solely because of darkness.

(2) Municipal transit vehicles (as defined in RCW 46.04.355) may be equipped with a single additional hazard strobe lamp. Such lamps:

(a) May be mounted on the centerline of the roof in the rear one-half of the bus so long as the lamp is clear and less than eight inches in height.

(b) Be activated by a switch independent of all other lamp switches. The hazard strobe lamp switch must be plainly labeled and have a pilot lamp that must indicate when the lamp is in operation.

(c) Only be used when the bus is occupied with passengers and one or more of the following conditions exists:

(i) The bus is in motion in inclement, sight obscuring conditions, including but not limited to rain, fog, snow, and smoke;

(ii) There is a need to improve the visibility of the bus when stopping, standing, or starting onto a highway;

(iii) There is limited visibility caused by geographic hazards, such as winding roadways, hills, trees, etc.

The strobe lamp must not be activated solely because of darkness.

History

• Statutory Authority: RCW 46.37.005. WSR 14-17-106, § 204-21-210, filed 8/19/14, effective 9/19/14. Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 12-03-084, § 204-21-210, filed 1/13/12, effective 2/13/12
• WSR 08-19-104, § 204-21-210, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-220 Trailer tongue lamps.

A lamp must be used on the tongue of any trailer where the distance between the front of the trailer body and the rear of the body of the towing vehicle is fifteen feet or greater, and where the top of the tongue is less than twenty-four inches above the ground at any point between the front of the body of the trailer and the rear of the body of the towing vehicle. This lamp must:

(1) Be amber in color and be in operation whenever the combination of vehicles is in motion, and must be visible to each side of the combination.

(2) Have a minimum diameter of two and one-half inches.

(3) Have a steady burn or may be flashing provided that the flashing lamp only flashes by means of an electronic or electric flasher. Strobe lamps and rotating type lamps are not permitted.

(4) Be mounted as nearly as practicable in the center of the distance between the vehicle bodies. Lamps mounted on extendable tongues will necessarily vary in distance between the bodies in relation to the amount of extension used; however, in no case will the lamp be over five feet from the center of the distance between vehicle bodies nor more than fifteen feet from either of the vehicle bodies.

(5) Be mounted at a minimum height of twenty-one inches above the roadway, and maximum height of forty-eight inches above the roadway.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 15-16-124, § 204-21-220, filed 8/5/15, effective 9/5/15
• WSR 08-19-104, § 204-21-220, filed 9/17/08, effective 10/18/08.

Wash. Admin. Code § 204-21-230 Lighting equipment prohibited.

(1) The addition of a lamp, reflective device or other motor vehicle equipment must not impair the effectiveness of lighting equipment required by 49 C.F.R. Part 571.108, as it exists on February 22, 2022, or chapter 46.37 RCW.

(a) If a vehicle is in motion on a public roadway, the vehicle must not:

(i) Display aftermarket neon lighting devices.

(ii) Combine any type of letter, number, sign, symbol or combination thereof with an eye level brake light meeting the standards of 49 C.F.R. Part 571.108 (FMVSS 108). No function other than red reflex reflectors will be combined in eye level brake lights.

(iii) Have a lighted or electrically/mechanically powered sign or message board enabling change or movement of any displayed message to be displayed or affixed to the vehicle. Except:

(A) Vehicles that are used in conjunction with officially sanctioned or sponsored motor vehicle traffic control or movement may display lighted or electrically powered signs to assist in the efficient control of traffic movement on public roadways. The signs must be designed, worded, and located to limit misinterpretation and confusion by the motoring public.

(B) Electric signs may be unitized to identify taxicabs and the destinations of mass transportation vehicles. These signs must not contain any commercial or personal message and must be designed, worded, and located so that it is clearly differentiated from other required motor vehicle lights.

(b) If a vehicle is not in motion and parked on private property, the vehicle may use aftermarket lighting except as outlined under RCW 46.37.180.

(c) This section is not intended to prohibit a scrolling sign provided that the scrolling sign must:

(i) Be powered by an external source or in a manner which does not cause the required equipment on the vehicle to be out of compliance with 49 C.F.R. Part 571, chapter 46.37 RCW or Title 204 WAC.

(ii) Not be lit.

(iii) Not have continual motion.

(2) Pursuant to Title 49 C.F.R. Part 571.108, the addition of an aftermarket style ornament or other feature such as tinted plastic glass covers, a grille or slotted covers must not be placed in front of the headlamp lens, or in front of any other lighting devices installed on motor vehicles which impair the effectiveness of lighting equipment required under 49 C.F.R. Part 571.108 (FMVSS 108) or chapter 46.37 RCW. Except:

(a) Clear aftermarket headlamp covers.

(b) Headlamp wipers may be used in front of the lens provided that the headlamp system is designed to conform to all applicable photometric requirements in 49 C.F.R. Part 571.108 (FMVSS 108) with the wiper stopped in any position in front of the lens.

(c) A bike rack may be installed on the front of a municipal transit vehicle (as defined under RCW 46.04.355) provided that even with the bike rack installed, loaded or unloaded with bicycles, the headlight system still conforms with all applicable photometric requirements in 49 C.F.R. Part 571.108 (FMVSS 108).

(3) Red emergency lights are prohibited on any vehicle other than an authorized emergency vehicle, a law enforcement vehicle, an emergency tow truck as defined in WAC 204-21-020(8), school buses, and private carrier buses.

(4) Blue lights are prohibited on any vehicle other than a law enforcement vehicle as defined in WAC 204-21-020, a fire department vehicle as authorized in RCW 46.37.184, and an emergency tow truck as authorized in RCW 46.37.196.

(5) Flashing white lights are prohibited on any vehicle other than authorized emergency vehicles, law enforcement vehicles, school buses, and emergency tow trucks as defined in WAC 204-21-020.

(6) Green lamps are prohibited on any vehicle other than:

(a) A firefighter's private vehicle as authorized in RCW 46.37.185;

(b) A highway maintenance vehicle; and

(c) A snow removal vehicle owned or operated by a state, county, or municipal agency.

History

• Statutory Authority: RCW 46.37.005, 46.37.194, 46.37.300, and 46.37.320. WSR 26-08-036, s 204-21-230, filed 3/25/26, effective 4/25/26. Statutory Authority: RCW 46.37.005, 46.37.320, and 46.37.194. WSR 24-16-032, § 204-21-230, filed 7/29/24, effective 8/29/24
• WSR 22-21-031, § 204-21-230, filed 10/6/22, effective 11/6/22. Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 15-16-124, § 204-21-230, filed 8/5/15, effective 9/5/15
• WSR 08-19-104, § 204-21-230, filed 9/17/08, effective 10/18/08.

Chapter 204-24 Traction devices.

Wash. Admin. Code § 204-24-005 Promulgation.

By authority of RCW 46.37.005 and 46.37.420, the Washington state patrol adopts the following standards for tire chains and traction devices.

History

• Statutory Authority: RCW 46.37.420. WSR 12-17-116, § 204-24-005, filed 8/21/12, effective 9/21/12. Statutory Authority: RCW 46.37.005 and 46.37.420. WSR 08-24-030, § 204-24-005, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 204-24-010 Scope.

These standards apply to tire chains and traction devices designed for and used upon a public roadway.

History

• Statutory Authority: RCW 46.37.420. WSR 12-17-116, § 204-24-010, filed 8/21/12, effective 9/21/12. Statutory Authority: RCW 46.37.005 and 46.37.420. WSR 08-24-030, § 204-24-010, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 204-24-015 Definitions.

(1) "All wheel drive" means a vehicle which has four-wheel drive capability and may be driven with all wheels in gear.

(2) "Alternative traction device (ATD)" means pneumatically driven chains which, when engaged, spin under the drive wheels automatically as traction is lost or a traction device differing from metal chains in construction, material or design but capable of providing traction equal to or exceeding that of such metal chains under similar conditions.

(3) "Automatic tire chain" means an air-operated centrifugal force system which deploys short lengths of chain underneath the drive wheels.

(4) "Cable laid rope" means a compound laid rope consisting of several ropes or several layers of strands laid together into one rope.

(5) "Cable tire chains" means any ladder-type cable tire chain assemblies designed for use on tires that have been manufactured in accordance with the standards of the Tire & Rim Association, Inc.; 3200 West Market Street; Akron, Ohio 44313.

(6) "Cross cable fastener" means any suitable fastener used to attach each cross cable to the side cable. The fastener must be constructed and assembled to prevent accidental detachment.

(7) "Cross cable traction reinforcement sleeves" means a device that is constructed of the manufacturer's specified material and of suitable length and width to maximize traction, braking, cornering and longevity.

(8) "Fastener" means any suitable connecting device, secured to one end of a side cable constructed so that it can connect to the opposing end and be easily closed (engaged or fastened) and be readily opened (released) by hand.

(9) "Link tire chains" means tire chains which consist of at least two chain loops, one on each side of the tire, connected by evenly spaced metal cross chains across the tire tread.

(10) "Reinforced cross cables" means stranded cable wrapped or covered to provide increased resistance to abrasive wear. This covering may be either a hard drawn spring wire, a high-carbon steel wire or nylon type 6 or 12. The wrapped or covered cable must be enclosed by traction reinforcement sleeves covering said cable essentially from side connector to side connector. Cross cable must be of specified length and provide proper drape over the tire tread.

(11) "Side cable" means stranded cable to complete one full circumference along the tire sidewall.

History

• Statutory Authority: RCW 46.37.005 and 46.37.420. WSR 14-21-076, § 204-24-015, filed 10/13/14, effective 11/13/14
• WSR 10-19-073, § 204-24-015, filed 9/16/10, effective 10/17/10
• WSR 08-24-030, § 204-24-015, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 204-24-020 Standards for tire chains.

(1) Link tire chains must meet the National Association of Chain Manufacturers Tire Chain Specifications NACM-5179(TC).

(2) Cable tire chains must be designed for use on tires mounted in accordance with specifications in Society of Automotive Engineers (SAE) Recommended Practice J1232, Class S, and SAE Informational Report J683a. Oversized tires, snow tires, special service, or special traction tires, etc., may require chains of a larger size.

(a) Classifications. Cable tire chains described in this specification must be of the following types as specified for regular and restricted clearances:

(i) Passenger car;

(ii) Single light truck;

(iii) Heavy truck;

(iv) Special police and emergency vehicle.

(b) Requirements:

(i) Components. Cable tire chain assemblies must consist of two side cables, or two outer and one inner side cable, with reinforced cross cables, cross cable fastener, and fasteners necessary to form a complete assembly.

(ii) Material.

(A) Stranded side and stranded cross cable wire must be constructed of preformed galvanized high-carbon steel with a minimum of 450 pounds breaking strength with seven wires per strand and seven strands per cable. The lay must be a right hand lay.

(B) Wire covering stranded cable must be constructed of high-carbon plow steel wire with a minimum tensile strength of 230,000 pounds per square inch.

(C) Spring wire covering stranded cable must be constructed of harddrawn spring wire with a minimum tensile strength of 200,000 pounds per square inch.

(D) Cables, spring, and plow wire must be manufactured in conformance to SAE Recommended Practice J113.

(E) Cross cable fasteners must be constructed of open hearth, electric furnace, or basic oxygen process steel.

(F) Metallic cross cable traction reinforcement sleeves must be constructed of open hearth, electric furnace, or basic oxygen process steel and shall comply with the following American Society for Testing Materials (ASTM) standards: Standard E6 - Bend Test, Standard E8 - Tension Test, Standard E18 - Test Methods for Rockwell Hardness, and Standard A568 - Table of Chemical Content of Steel.

(G) Nonmetallic cross cable traction reinforcement sleeves shall be constructed of "Zytel" ST-801 nylon or its equivalent.

(H) All side cable fasteners are to be constructed of material that will allow easy installation and removal.

(iii) Spacing of cross cable. The first cross cable must be attached to that point of each side cable nearest the fastener that will permit the fastener to lie in the proper plane when the assembled cable tire chain is applied to the tire. On single cable tire chains, the remainder of the cross cables must be attached to the side cable at intervals designed to provide for at least one cross cable in contact with the roadway at all times. On dual-triple tire chains, the remainder of the cross cable shall be attached to the outer side cables at like intervals and to the inner side chain with opposing cross cables staggered at the same intervals.

(iv) Tolerances.

(A) Cross cable length. The inside length of all cross cable, including fasteners held in the same plane, must be within a tolerance of minus 1/8 inch to plus 1/8 inch of the specified length indicated by the chain manufacturer's specifications. The length shall be measured by hanging the cross cable vertically on a horizontal pin and measuring the inside to inside length. The number of traction reinforcement sleeves in a cross cable may not vary from the number specified by the manufacturer.

(B) Side cable length. The length of all side cables must be within tolerance of minus 1/8 inch to plus 1/2 inch of the length indicated by the chain manufacturer's specifications.

(C) Stranded cable size. Stranded cable size must be subject to the following tolerances:

(I) Material up to and including .094 inch (2.4 mm) diameter shall not be less than the designated diameter and shall not exceed .010 inch (.25 mm) over the specified diameter.

(II) Material over .094 inch (2.4 mm) diameter shall not be less than the specified diameter and shall not exceed .014 inch (.36 mm) over the specified diameter.

(D) Component dimensions. The dimensions of manufactured components may vary, but the assembled cable chains must meet the tolerances specified in (b)(iv)(A), (B), and (C) of this subsection.

(E) Finish. All cable tire chains must have a rust-resistant finish for protection in transit and storage.

(F) Identification. Each half set of cable tire chains must be permanently marked with the manufacturing company's name, initials or trademark in order that it may be easily identified when not in the original container.

(3) Automatic tire chain system must:

(a) Consist of:

(i) A switch or button located within reach of the driver in the vehicle cab;

(ii) An air valve; and

(iii) An air cylinder and chain wheel with units mounted on the rear suspension in order to apply the chain to make contact with the inside wheel.

(b) Be periodically inspected by the operator for proper mechanical conditions;

(c) Display a sign with letters at least one inch high indicating the vehicle is equipped with the automatic tire chain. The design of the sign must be approved by the manufacturer of the automatic tire chain.

History

• Statutory Authority: RCW 46.37.005 and 46.37.420. WSR 14-21-076, § 204-24-020, filed 10/13/14, effective 11/13/14
• WSR 08-24-030, § 204-24-020, filed 11/24/08, effective 12/25/08. Statutory Authority: RCW 46.37.420, 46.37.190, 46.37.194 and 46.37.280. WSR 82-16-047 (Order 82-07-01), § 204-24-020, filed 7/29/82
• Order 7607, § 204-24-020, filed 9/14/76
• Order 6902, § 204-24-020, filed 12/19/73
• Order 6902, § 204-24-020, filed 2/17/70.

Wash. Admin. Code § 204-24-030 Standards for studded tires.

Studded tires must meet the following specifications:

(1) Studs must be metal, tipped with tungsten carbide.

(2) Metal studs must be inserted only in a new tire or a newly-recapped tire which has molded in the tread the "pin-holes" into which metal studs are to be inserted. Studs must not be inserted in any new tire or newly-recapped tire after it has been driven on a vehicle.

(3) Metal studs may be installed only by the tire manufacturer, or by a tire dealer or tire jobber who shall install the metal studs in conformance with the manufacturer's specifications.

(4) When a tire is sold or offered for sale as a studded tire or when studs are installed in a new tire or a newly recapped tire, there must be a minimum of seventy metal studs evenly spaced around the tread of the tire.

(5) A tire must contain a minimum of fifty-six metal studs at all times in order to qualify as a "studded tire" or as an approved traction device.

(6) Metal studs must not be installed in any tire of a vehicle which has a gross vehicle weight of ten thousand pounds or over.

(7) School buses and fire department equipment tires are exempt from subsection (6) of this section.

History

• Statutory Authority: RCW 46.37.005 and 46.37.420. WSR 08-24-030, § 204-24-030, filed 11/24/08, effective 12/25/08. Statutory Authority: RCW 46.37.420, 46.12.330, 46.37.005. WSR 02-19-055, § 204-24-030, filed 9/12/02, effective 10/13/02. Statutory Authority: RCW 46.12.330. WSR 00-15-009, § 204-24-030, filed 7/10/00, effective 8/10/00. Statutory Authority: RCW 46.37.420. WSR 92-05-016, § 204-24-030, filed 2/10/92, effective 3/12/92
• WSR 83-21-080 (Order 83-10-01), § 204-24-030, filed 10/19/83
• Order 7607, § 204-24-030, filed 9/14/76
• Order 6902, § 204-24-030, filed 2/17/70.

Wash. Admin. Code § 204-24-035 Standards for alternative traction devices.

(1) In order for an alternative traction device to be considered approved:

(a) The alternative traction device must be tested in accordance with a recognized standard on vehicles certified by its manufacturer as complying with the United States Federal Motor Vehicle Safety Standards. The testing will:

(i) Be conducted using USDOT approved summer tires.

(ii) For passenger vehicles, at minimum:

(A) Be done on both front and rear wheel drive vehicles with the device mounted on only the drive tires.

(B) Include the following tests:

(I) Durability testing of the product;

(II) Acceleration on both snow and ice;

(III) Deceleration on both snow and ice; and

(IV) Traction force of the product on snow.

(iii) For vehicle combinations over 10,000 pounds as outlined in WAC 204-24-050(2), at minimum:

(A) Be done on a five axle vehicle with the device on one tire on each side of each drive axle and one tire on the last axle of the last trailer or semi-trailer, if seeking approval for a combination with five or less axles.

(B) Be done on a five axle vehicle with the device mounted on all tires on one drive axle and one tire on the last axle of the last trailer or semi-trailer, if seeking approval for a combination with five or more axles.

(C) Include the following tests:

(I) Durability testing of the product;

(II) Acceleration on snow and/or ice;

(III) Deceleration on snow and/or ice; and

(IV) Traction force of the product on snow.

(iv) Be done in comparison to a tire chain when tested using the same standard to show that the alternative traction device meets or exceeds the standard as compared to the results of the referenced tire chain approved for use in the state of Washington under this chapter.

(b) Alternative traction devices must cooperate well with any given electronic driving support such as ABS, ESP, and ASR.

(c) Alternative traction devices should be resistant to UV light, corrosion, water, fuels, spreading salts and alcohols typically used to clear roads during winter.

(d) The following information must be provided to the Washington state patrol:

(i) The testing standard used, in English.

(ii) Documentation of the testing results, which must include the data produced for each test comparing the alternative traction device to the referenced tire chain. Except that durability testing is not required to be provided for the referenced tire chain.

(iii) A certified statement from the company or manufacturer outlining what measurable indicator of wear can be used by an officer to indicate when the product will no longer provide adequate traction equivalent to a chain.

(iv) Review and approval by a third-party testing agency that the tests were conducted according to the published standard. If testing cannot be done according to the published standard, companies may self-certify any supplemental tests necessary to comply with the requirements in this section, provided that the data from the tests is confirmed by a third-party testing agency. The patrol may request that the data be provided by the third-party testing agency directly.

(v) Provide certification of the test results, which must contain the following statement "I certify that the test methods, conditions and results reported are accurate and complete" and bear the signature of the tester.

(2) The patrol may suspend or revoke approval for an alternative traction device upon receiving evidence that the device has failed to comply or no longer complies with any requirement or provision of law or this chapter. The following process will be used:

(a) The patrol will give the applicant or manufacturer notice of the action and an opportunity to be heard as prescribed in chapter 34.05 RCW, prior to suspension or revocation of the approval, except as provided in subsection (3) of this section.

(b) Upon receiving notice of the action, the applicant or manufacturer may request an administrative hearing to contest the decision. A request for administrative hearing must:

(i) Be made in writing and mailed to the Washington State Patrol Equipment and Standards Section, P.O. Box 42600, Olympia, WA 98504-2600; and

(ii) Be received by the patrol's equipment and standards section within twenty business days after the date of the notice of action.

(c) Failure to request a hearing or failure to appear at a hearing, a prehearing conference, or any other stage of adjudicative proceeding may constitute default and result in the entry of a final order under RCW 34.05.440.

(d) Administrative proceedings consistent with chapter 34.05 RCW for revocation or other action will be promptly instituted and determined. The patrol must give notice as practicable to the applicant or manufacturer.

(e) Unless the patrol finds the immediate revocation is necessary or unless the applicant or manufacturer timely requests a hearing as provided under this section, a decision to revoke or suspend will be effective thirty days from the date of the notice of action decision unless that patrol finds that immediate revocation is necessary.

(3) The patrol may, without prior notification suspend or revoke approval for a device if it finds that there is danger to the public health, safety, or welfare that requires immediate action. For every summary suspension of a letter of approval, an order signed by the patrol must be entered in accordance with the provisions of RCW 34.05.479.

History

• Statutory Authority: RCW 46.37.420. WSR 12-17-116, § 204-24-035, filed 8/21/12, effective 9/21/12.

Wash. Admin. Code § 204-24-040 Traction devices.

The following equipment items are approved by the state patrol for use as traction devices wherever traction devices are required by the department of transportation:

(1) Tire chains meeting the standards in WAC 204-24-020.

(2) Studded tires meeting the standards in WAC 204-24-030.

(3) Approved traction tires. An approved traction tire must have the following tread characteristics:

(a) A minimum of 4/32 inch tread, measured in the center portion of the tire at three locations equally spaced around the circumference of the tire.

(b) A relatively aggressive tread pattern designed primarily to provide additional starting, stopping, and driving traction on snow or ice. The tread must have ribs, lugs, blocks or buttons the edges of which are at an angle greater than thirty degrees to the tire circumferential centerline.

(c) On at least one side of the tread design, the shoulder lugs protrude at least 1/2-inch in a direction generally perpendicular to the direction of travel.

(d) Tires manufactured to meet these specifications must:

(i) Be permanently labeled on at least one sidewall with the words "mud and snow" or any contraction using the letters "M" and "S" (e.g. MS, M/S, M-S, M & S, etc.); or

(ii) Be permanently labeled on at least one side wall with the mountain/snowflake symbol.

(4) Alternative traction devices. Any alternative traction device approved under this chapter must be used in accordance with the manufacturer's recommendations concerning proper use of the product. The list of approved devices will be maintained on the patrol's website. Upon suspension or revocation of an approval for an alternative traction device, the device will be removed from the list of approved devices on the patrol's website.

History

• Statutory Authority: RCW 46.37.420. WSR 12-17-116, § 204-24-040, filed 8/21/12, effective 9/21/12. Statutory Authority: RCW 46.37.005 and 46.37.420. WSR 09-15-150, § 204-24-040, filed 7/21/09, effective 8/21/09
• WSR 08-24-030, § 204-24-040, filed 11/24/08, effective 12/25/08. Statutory Authority: RCW 46.37.420. WSR 92-05-016, § 204-24-040, filed 2/10/92, effective 3/12/92
• WSR 83-21-080 (Order 83-10-01), § 204-24-040, filed 10/19/83. Statutory Authority: RCW 46.37.005. WSR 82-11-045 (Order 82-05-01), § 204-24-040, filed 5/12/82
• Order 7607, § 204-24-040, filed 9/14/76
• Order 6902, § 204-24-040, filed 2/17/70.

Wash. Admin. Code § 204-24-050 Use of tire chains or other traction devices.

(1) Vehicles under 10,000 pounds gross vehicle weight.

When traffic control signs are posted by the department of transportation it will be unlawful for any vehicle to enter the controlled area without having mounted on its drive tires the traction device specified by the sign, which must also meet the requirements of WAC 204-24-040.

(a) Exception for all wheel drive vehicles. When "chains required" signs are posted, all-wheel drive vehicles will be exempt from the chain requirement when all wheels are in gear and are equipped with approved traction devices as specified in WAC 204-24-040 provided that tire chains for at least one set of drive tires are carried in the vehicle.

(b) Alternative traction devices listed on the patrol's website as being approved for passenger vehicles as outlined in this chapter will be considered approved for use when "chains required" signs are posted.

(2) Vehicles or combinations of vehicles over 10,000 pounds gross vehicle weight rating (GVWR).

When traffic control signs marked "chains required" are posted by the department of transportation it will be unlawful for any vehicle or combination of vehicles to enter the controlled area without having mounted on its tires, tire chains as follows: Provided, That highway maintenance vehicles operated by the department of transportation for the purpose of snow removal and its ancillary functions are exempt from the following requirements:

(a) Vehicles or vehicle combinations with two to four axles including but not limited to trucks, truck-tractors, buses and school buses: For vehicles with a single drive axle, one tire on each side of the drive axle must be chained. For vehicles with dual drive axles, one tire on each side of one of the drive axles must be chained. For vehicle combinations including trailers or semi-trailers; one tire on the last axle of the last trailer or semi-trailer, must be chained. If the trailer or semi-trailer has tandem rear axles, the chained tire may be on either of the last two axles.

(b) Automobile transporters are any vehicle combination designed and used specifically for the transport of assembled (capable of being driven) highway vehicles. For vehicles with single drive axles, one tire on each side of the drive axle must be chained. For vehicles with dual drive axles, one tire on each side of each of the drive axles must be chained. For vehicle combinations including trailers or semi-trailers, one tire on the last axle of the last trailer or semi-trailer must be chained. If the trailer or semi-trailer has tandem rear axles, the chained tire may be on either of the last two axles.

(c) Vehicle combinations with five axles consisting of a truck tractor with dual drive axles and a tandem axled semi-trailer; all tires on one drive axle may be chained or one tire on each side of each of the drive axles may be chained. Chains must be applied to a minimum of four tires on the drive axles. On the tandem axle semi-trailer, the chained tire may be on either of the last two axles.

(d) Vehicle combinations with five axles, consisting of a truck and trailer, or truck tractor and semi-trailer with a single drive axle, or truck tractor, semi-trailer and full trailer: For vehicles with a single drive axle, all tires on the drive axle must be chained. For vehicles with dual drive axles, all tires on one of the drive axles must be chained. For vehicle combinations including trailers or semi-trailers, one tire on the last axle of the last trailer or semi-trailer must be chained. If the trailer or semi-trailer has tandem rear axles, the chained tire may be on either of the last two axles.

(e) Vehicle combinations with six or more axles, including but not limited to truck and trailer or truck tractor and semi-trailer or truck tractor semi-trailer and full trailer: For vehicles with a single drive axle, all tires on the drive axle must be chained. For vehicles with dual drive axles where traffic control signs marked "approved traction tires required" are posted, all tires on one of the drive axles must be chained. For vehicles with dual drive axles where traffic control signs marked "chains required" are posted, all tires on one of the drive axles must be chained. In addition, one tire on each side of the additional drive axle must be chained. For vehicle combinations including trailers or semi-trailers, one tire on the last axle must be chained. For vehicles with tandem axle trailers or semi-trailers, the chained tire may be on either of the last two axles.

(f) All vehicles over 10,000 pounds gross vehicle weight rating (GVWR) must carry a minimum of two extra chains for use in the event that road conditions require the use of more chains or in the event that chains in use are broken or otherwise made useless.

(g) Approved chains for vehicles over 10,000 pounds gross vehicle weight rating (GVWR) must have at least two side chains to which are attached sufficient cross chains of hardened metal so that at least one cross chain is in contact with the road surface at all times. Plastic chains will not be allowed.

(h) If automatic tire chains are used, the vehicle must carry regular tire chains for use on the outside tires of the drive axle of all axles equipped with the automatic tire chain.

(i) On the following routes all vehicles and combinations of vehicles over 10,000 gross vehicle weight rating (GVWR) pounds must carry sufficient tire chains to meet the requirements of this chapter from November 1 to April 1 of each year or at other times when chains are required for such vehicles:

(i) I-90 - Between North Bend (MP 32) and Ellensburg (MP 101).

(ii) SR-97 - Between (MP 145) and Junction SR-2.

(iii) SR-2 - Between Dryden (MP 108) and Index (MP 36).

(iv) SR-12 - Between Packwood (MP 135) and Naches (MP 187).

(v) SR-97 - Between the Columbia River (MP 0.00) and Toppenish (MP 59.00).

(vi) SR-410 - From Enumclaw to Naches.

(vii) SR-20 - Between Tonasket (MP 262) and Kettle Falls (MP 342); and SR-20 between Newhalem (MP 120) and Winthrop (MP 192).

(viii) SR-155 - Between Omak (MP 79) and Nespelem (MP 45).

(ix) SR-970 - Between (MP 0) and (MP 10).

(x) SR-14 - Between Gibbons Creek (MP 18.00) and (MP 108.40) intersection of Cliffs Road.

(xi) SR-542 - Mt. Baker highway between (MP 22.91) and (MP 57.26).

(xii) I-82 - Between Ellensburg Exit 3 (MP 3.00) and Selah Exit 26 (MP 26.00).

Vehicles making local deliveries as indicated on bills of lading and not crossing the mountain pass are exempt from this requirement if operating outside of a chain required area.

(3) For the purpose of this section, chained will mean that the tire has either a tire chain approved for use under chapter 204-24 WAC or an alternative traction tire device listed on the patrol's website as approved for the type of vehicle combination listed in this section.

(4) The Washington state department of transportation or Washington state patrol may prohibit any vehicle from entering a chain/approved traction device control area when it is determined that the vehicle will experience difficulty in safely traveling the area.

History

• Statutory Authority: RCW 46.37.005 and 46.37.420. WSR 20-22-105, § 204-24-050, filed 11/4/20, effective 12/5/20
• WSR 14-21-076, § 204-24-050, filed 10/13/14, effective 11/13/14. Statutory Authority: RCW 46.37.420. WSR 12-17-116, § 204-24-050, filed 8/21/12, effective 9/21/12. Statutory Authority: RCW 46.37.005 and 46.37.420. WSR 08-24-030, § 204-24-050, filed 11/24/08, effective 12/25/08. Statutory Authority: RCW 46.37.420, 46.12.330, 46.37.005. WSR 02-19-055, § 204-24-050, filed 9/12/02, effective 10/13/02. Statutory Authority: RCW 46.37.005. WSR 00-03-081, § 204-24-050, filed 1/19/00, effective 2/19/00
• WSR 99-06-023, § 204-24-050, filed 2/22/99, effective 3/25/99
• WSR 98-19-042, § 204-24-050, filed 9/11/98, effective 10/12/98
• WSR 95-07-137, § 204-24-050, filed 3/22/95, effective 4/22/95. Statutory Authority: RCW 46.37.420. WSR 94-08-069, § 204-24-050, filed 4/4/94, effective 5/5/94
• WSR 92-05-016, § 204-24-050, filed 2/10/92, effective 3/12/92. Statutory Authority: RCW 46.37.005. WSR 91-14-004 (Order 91-003), § 204-24-050, filed 6/21/91, effective 7/22/91. Statutory Authority: RCW 46.37.420. WSR 83-21-080 (Order 83-10-01), § 204-24-050, filed 10/19/83. Statutory Authority: RCW 46.37.005. WSR 82-11-045 (Order 82-05-01), § 204-24-050, filed 5/12/82. Statutory Authority: RCW 46.37.005 and 46.37.420. WSR 81-10-038 (Order 81-04-01), § 204-24-050, filed 4/30/81
• WSR 78-02-091 (Order 7607A), § 204-24-050, filed 1/30/78
• Order 7607, § 204-24-050, filed 9/14/76
• Order 6902, § 204-24-050, filed 2/17/70.

Wash. Admin. Code § 204-24-070 Approval of tire chains or traction devices.

(1) Any tire chain, wheel chains, or studded tires meeting the standards in this chapter or certified under one of the following:

(a) Conformance to Federal Motor Vehicle Safety Standards, or, if none,

(b) Conformance to current standards and specifications of the Society of Automotive Engineers will be considered as an approved type chain, or studded tire.

(2) Links to the Code of Federal Regulations are available on the Washington state patrol website at www.wsp.wa.gov. Copies of the C.F.R. may also be ordered through the United States Government Printing Office, 732 N. Capitol Street, N.W., Washington, D.C. 20401. Copies of the SAE standards are available for review at the Washington State Patrol, 210 11th Avenue, Olympia, WA 98504, and may also be ordered from the Society of Automotive Engineers International, 400 Commonwealth Drive, Warrendale, PA 15096.

History

• Statutory Authority: RCW 46.37.420. WSR 12-17-116, § 204-24-070, filed 8/21/12, effective 9/21/12. Statutory Authority: RCW 46.37.420 and 46.37.005. WSR 10-19-073, § 204-24-070, filed 9/16/10, effective 10/17/10
• WSR 08-24-030, § 204-24-070, filed 11/24/08, effective 12/25/08. Statutory Authority: RCW 46.37.420. WSR 92-05-016, § 204-24-070, filed 2/10/92, effective 3/12/92
• WSR 83-21-080 (Order 83-10-01), § 204-24-070, filed 10/19/83
• WSR 78-02-091 (Order 7607A), § 204-24-070, filed 1/30/78
• Order 7607, § 204-24-070, filed 9/14/76.

Wash. Admin. Code § 204-24-080 Hearing procedure.

(1) Hearings under this chapter will be pursuant to chapters 34.05 RCW and 10-08 WAC as supplemented by this section.

(2) A presiding officer will conduct a hearing and any prehearing conference(s).

(3) The burden of proof in any hearing will be on the applicant seeking approval, or on the person or agency seeking the suspension or revocation of approval or other action by the patrol.

(4) Oral proceedings must be recorded by the method chosen by the patrol and such recording will become part of the hearing record.

(5) The following process applies to administrative hearings under this chapter:

(a) The patrol will notify the assistant attorney general of the petitioner's request for an administrative hearing.

(b) The assistant attorney general will draft an administrative complaint and send it to the petitioner and to the office of administrative hearings.

(c) The office of administrative hearings will schedule a hearing date, and will notify the petitioner, assistant attorney general, and patrol in writing of the hearing date, time, and location.

(d) The hearing will be conducted by an administrative law judge assigned by the office of administrative hearings.

(e) At the hearing, the assistant attorney general will present witnesses and other evidence on behalf of the patrol.

(f) At the hearing, the petitioner may be represented by an attorney or may choose to represent himself or herself. The petitioner or his/her attorney will be allowed to present witnesses and other evidence.

(g) Nothing in this section will prevent the parties from resolving the administrative matter by settlement agreement prior to conclusion of the administrative hearing.

(6) Initial and final order. At the conclusion of the hearing, the administrative law judge will prepare an initial order and send it to the petitioner and the assistant attorney general.

(a) Either the petitioner or the assistant attorney general, or both, may file a petition for review of the initial order with the patrol within twenty days of the date of service of the initial order. A petition for review must:

(i) Specify the portions of the initial order to which exception is taken;

(ii) Refer to the evidence of record which is relied upon to support the petition; and

(iii) Be filed with the patrol within twenty days of the date of service of the initial order.

(b) A party on whom a petition for review has been served may, within ten days of the date of service, file a reply to the petition. Copies of the reply must be mailed to all other parties or their representatives at the time the reply is filed.

(c) The administrative record, the initial order, and any exceptions filed by the parties will be submitted to the patrol for review. Following this review, the patrol will enter a final order that is appealable under the provisions of chapter 34.05 RCW.

History

• Statutory Authority: RCW 46.37.420. WSR 12-17-116, § 204-24-080, filed 8/21/12, effective 9/21/12.

Wash. Admin. Code § 204-24-090 Appeal.

Any person aggrieved by the decision of the patrol suspending or revoking an approval may appeal such decision to the superior court under the provisions of chapter 34.05 RCW.

History

• Statutory Authority: RCW 46.37.420. WSR 12-17-116, § 204-24-090, filed 8/21/12, effective 9/21/12.

Chapter 204-32 Regulations for private carrier buses.

Wash. Admin. Code § 204-32-010 Definitions.

(1) "Chief" means the chief of the Washington state patrol or their designee.

(2) "Private carrier bus" means every motor vehicle designed for the purpose of carrying passengers used regularly to transport persons in furtherance of any organized agricultural, religious, or charitable purpose, and having a seating capacity for:

(a) Eight passengers if the transportation is provided for compensation; or

(b) Fifteen passengers if the transportation is provided not for compensation.

Such term does not include buses operated by common carriers under a franchise granted by any city or town or the Washington public utilities commission.

(3) "Stop signal" means a sign bearing the word "stop" which is actuated by the driver of the bus.

(4) "Signal lamps" means red lamps mounted on the vehicle to be used in conjunction with the "stop signal" when the bus is loading or unloading passengers under certain conditions.

(5) "Warning sign" means a sign to be attached to the rear of the bus to inform following motorists of their duty to stop when the "signal lamps" are activated.

History

• Statutory Authority: RCW 46.37.005 and 46.37.290. WSR 14-03-017, § 204-32-010, filed 1/7/14, effective 2/7/14
• WSR 08-19-078, § 204-32-010, filed 9/16/08, effective 10/17/08
• Order 7001, § 204-32-010, filed 6/10/70, effective 7/15/70.

Wash. Admin. Code § 204-32-020 Standards for signal lamps.

The signal lamps required on private carrier buses must be constructed in conformance with the society of automotive engineers standard for "school bus red signal lamps," in effect at the time of manufacture of such lamps. All lamps used as signal lamps must meet the requirements set forth for lighting under chapter 204-21 WAC.

History

• Statutory Authority: RCW 46.37.005 and 46.37.290. WSR 08-19-078, § 204-32-020, filed 9/16/08, effective 10/17/08
• WSR 99-18-028, § 204-32-020, filed 8/24/99, effective 9/24/99
• Order 7001, § 204-32-020, filed 6/10/70, effective 7/15/70.

Wash. Admin. Code § 204-32-030 Standards for stop signal.

The stop signal required on private carrier buses must:

(1) Be fourteen inches vertically and eighteen inches horizontally.

(2) Be treated with red reflective material.

(3) Have the word "stop" painted on the sign in white with letters which are a minimum of eight inches in height and having a three-quarter-inch stroke.

(4) Meet the requirements outlined in above on both sides of the sign.

(5) Be mounted on the left side of the bus just below the window line and adjacent to the driver of the bus.

(6) Be hinged at the front edge of the sign.

(7) Be manually controlled by the driver of the bus.

(8) Be so constructed as to lock in an extended position perpendicular to the side of the bus and to also lock in the closed position parallel to the side of the bus.

(9) Only be actuated by the driver of a private carrier bus whenever such vehicle is stopped on the highway for the purpose of receiving or discharging passengers, except:

(a) When the passengers boarding or alighting do not have to cross a highway and the bus is stopped completely off the main traveled portion of the roadway; or

(b) When the bus is stopped at an intersection or place where traffic is controlled by a traffic officer or official control signal.

History

• Statutory Authority: RCW 46.37.005 and 46.37.290. WSR 08-19-078, § 204-32-030, filed 9/16/08, effective 10/17/08
• Order 7001, § 204-32-030, filed 6/10/70, effective 7/15/70.

Wash. Admin. Code § 204-32-050 Identification signs.

A sign must be affixed to every private carrier bus that is plainly visible and contains the words "private carrier bus." The sign must:

(1) Have letters not less than eight inches in height.

(2) Have letters that are at least three-quarter-inch stroke.

(3) Be located above the windshield on the front of the bus and above the rear windows on the rear of the bus.

History

• Statutory Authority: RCW 46.37.005 and 46.37.290. WSR 08-19-078, § 204-32-050, filed 9/16/08, effective 10/17/08
• Order 7001, § 204-32-050, filed 6/10/70, effective 7/15/70.

Wash. Admin. Code § 204-32-060 Warning sign.

A sign must be affixed to the rear of every private carrier bus that is clearly visible and contains the words "unlawful to pass bus when red lights flash." The sign must:

(1) Be sixteen inches vertically and thirty-two inches horizontally.

(2) Have a background of silver retrodirective-reflex reflective sheeting.

(3) Have lettering that is size three inch B.

(4) Have the letters "unlawful to" in black on line one.

(5) Have the letters "pass bus when" in black on line two.

(6) Have the letters "red lights flash" in red on line three.

History

• Statutory Authority: RCW 46.37.005 and 46.37.290. WSR 08-19-078, § 204-32-060, filed 9/16/08, effective 10/17/08
• WSR 99-18-028, § 204-32-060, filed 8/24/99, effective 9/24/99
• Order 7001, § 204-32-060, filed 6/10/70, effective 7/15/70.

Wash. Admin. Code § 204-32-090 Stops at railroad crossings.

(1) The driver of any private carrier bus, carrying any passenger, before crossing at grade any track or tracks of a railroad, must stop such vehicle within fifty feet but no less than fifteen feet from the nearest rail of such railroad and while so stopped must listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train and must not proceed until he can do so safely.

(2) After stopping as required and upon proceeding when it is safe to do so the driver of any private carrier bus must cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver must not shift gears while crossing the track or tracks.

(3) No stop need be made at any such crossing where a police officer or a traffic-control signal directs traffic to proceed.

History

• Statutory Authority: RCW 46.37.005 and 46.37.290. WSR 08-19-078, § 204-32-090, filed 9/16/08, effective 10/17/08
• Order 7001, § 204-32-090, filed 6/10/70, effective 7/15/70.

Wash. Admin. Code § 204-32-100 Inspection of buses.

The chief may, from time to time, require that every private carrier bus be presented at some location which must be designated by him for the purpose of inspection of the vehicle to determine if the vehicle is equipped as required by law and the provisions of this regulation.

History

• Statutory Authority: RCW 46.37.005 and 46.37.290. WSR 08-19-078, § 204-32-100, filed 9/16/08, effective 10/17/08
• Order 7001, § 204-32-100, filed 6/10/70, effective 7/15/70.

Wash. Admin. Code § 204-32-110 Bus stops and routing.

The chief may delegate officers of the Washington state patrol to work with private carrier bus operators and owners to establish routes and passenger loading and unloading locations which will provide the greatest safety for bus passengers and the motoring public. Bus stops and routes established by this means must be adhered to by private carrier bus drivers.

History

• Statutory Authority: RCW 46.37.005 and 46.37.290. WSR 08-19-078, § 204-32-110, filed 9/16/08, effective 10/17/08
• Order 7001, § 204-32-110, filed 6/10/70, effective 7/15/70.

Chapter 204-36 Authorized emergency vehicle permits.

Wash. Admin. Code § 204-36-010 Promulgation.

The state patrol hereby adopts the following regulations relating to the issuance of an authorized emergency vehicle permit, for those vehicles not already authorized under state or federal statute.

History

• Statutory Authority: RCW 46.37.194. WSR 14-24-116, § 204-36-010, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 46.37.194 and 46.37.005. WSR 09-09-091, § 204-36-010, filed 4/16/09, effective 5/17/09. Statutory Authority: RCW 46.37.194. WSR 88-15-052 (Order 88-08-ESR), § 204-36-010, filed 7/18/88. Statutory Authority: RCW 46.37.005 and 46.37.194. WSR 79-02-085 (Order 7501A), § 204-36-010, filed 2/7/79
• Order 7301, § 204-36-010, filed 2/5/73.

Wash. Admin. Code § 204-36-020 Definitions.

(1) Applicant means any person, firm, corporation or municipal corporation desiring to have a vehicle registered as an authorized emergency vehicle pursuant to RCW 46.37.194.

(2) Authorized emergency vehicle has the same meaning as defined in RCW 46.04.040.

(3) Burial, removal, or transit permit means a form, approved and supplied by the state registrar of vital statistics as described in chapter 70.58 RCW, identifying the name of the deceased, date and place of death, general information, disposition and registrar and sexton information.

(4) Digital signature means a signature in electronic format that is either a digitized image of a wet signature or a graphical representation of a handwritten signature which is under the exclusive control of the person signing the document.

(5) Electronic record means a record generated, communicated, received or stored by electronic means for use in an information system or for transmission from one information system to another.

(6) Funeral escort means a funeral procession provided in accordance with WAC 308-330-466 for the purpose of transporting human remains under a burial, removal, or transit permit issued in accordance with chapter 70.58 RCW for disposition, except as otherwise provided by law, in a cemetery or building dedicated exclusively for religious purposes.

(7) Geographic area means the city, county, state routes or interstate roads on which the vehicle will be operated under the authorized emergency vehicle permit if approved.

(8) Operator or driver. The term operator and the term driver, as used herein, means every person who is in actual physical control of an authorized emergency vehicle.

(9) Operation. The term operation, as used herein, is the driving or moving by any operator or driver upon a public highway of any vehicle that is equipped or has attached thereon any emergency equipment, the installation of which requires an authorized emergency vehicle permit, whether or not the emergency equipment is activated.

(10) Patrol means the Washington state patrol.

(11) Primary jurisdiction means lead department who has jurisdiction on the roads that the applicant wishes to use the emergency lighting on.

(12) Political subdivision means the individual who has authority over the applicant if the applicant is the chief law enforcement officer or fire chief.

History

• Statutory Authority: RCW 46.37.194. WSR 14-24-116, § 204-36-020, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 46.37.194 and 46.37.005. WSR 09-09-091, § 204-36-020, filed 4/16/09, effective 5/17/09. Statutory Authority: RCW 46.37.194. WSR 88-15-052 (Order 88-08-ESR), § 204-36-020, filed 7/18/88. Statutory Authority: RCW 46.37.005 and 46.37.194. WSR 79-02-085 (Order 7501A), § 204-36-020, filed 2/7/79
• Order 7301, § 204-36-020, filed 2/5/73.

Wash. Admin. Code § 204-36-030 Permit requirements.

(1) An applicant desiring to have a vehicle registered as an authorized emergency vehicle pursuant to RCW 46.37.194 must apply for such classification to the patrol on forms provided by the patrol.

(2) The initial applicant must furnish the following information to the patrol:

(a) A description of the specific geographic area in which the vehicle(s) will be used as an authorized emergency vehicle.

(b) A copy of the registration of the vehicle(s) and proof of insurance.

(i) Each vehicle must be covered with the following minimum insurance coverage:

(A) One hundred thousand dollars of legal liability per occurrence to protect against vehicle damage.

(B) Two hundred fifty thousand dollars for liability, bodily injury or property damage per occurrence.

(ii) Proof of insurance may be provided in one of the following forms:

(A) Copy of the proof of insurance which shows the coverage and terms thereof.

(B) Letter from the underwriter of the insurance outlining the insurance coverage and vehicle(s) covered.

(c) A description of the specific purposes for which the vehicle will be used as an authorized emergency vehicle. This description must include each function for the vehicle, including, but not limited to, funeral escorts, fire response, traffic control, incident response, roadside safety and security patrols.

(d) Citation(s) to the statutory authority for the applicant to perform the functions listed under the purpose(s) for which the applicant is applying for the permit.

(e) A description of the emergency equipment to be used if the permit is granted.

(f) A listing of the names birth dates, operator's license numbers and other identifying data as may be prescribed on the application form by the patrol, of all persons who will use the vehicle(s) as an authorized emergency vehicle, a completed applicant fingerprint card, and associated fee to process the fingerprint cards for each person who operates the vehicle(s).

(g) Certification from each primary jurisdiction identified in (a) of this subsection that the vehicle is to be used as described. Such certification must:

(i) Be made by:

(A) The chief law enforcement officer if the applicant is a law enforcement or security officer, or has funeral home, coroner, ambulance or other nonfire related duties. For the patrol, the chief law enforcement officer will be the district commander that oversees the geographic area(s) under subsection (a) of this section.

(B) The fire chief if the vehicle is to be used only for firefighting purposes.

(C) The chief executive officer of the political subdivision of the jurisdiction, if the applicant is the chief law enforcement officer or fire chief of the jurisdiction.

(ii) State that a need exists in the jurisdiction for the vehicle to be used as described and that the certifier knows of no reason why the application should be denied.

(iii) Include the original or digital signature of all jurisdictions required under this chapter.

(h) The chief law enforcement officer or fire chief may outline restrictions for use within the jurisdiction as part of his or her approval.

(i) Upon satisfactory application the patrol may issue an emergency vehicle permit or permits which, when carried as required, are valid for one year or until revocation or suspension as prescribed in WAC 204-36-070.

(3) Renewal applications must:

(a) Be received by the patrol prior to the expiration date of the permit on forms provided by the patrol.

(b) Include all authorizations from the required jurisdictions for the geographic areas listed in the renewal application.

(c) Only list vehicle(s) and equipment for which inspection paperwork has been received by the patrol and a vehicle permit as outlined in WAC 204-36-060 has been issued by the patrol.

(d) Only list operators that have already undergone the background check required under this chapter and been approved by the patrol to operate the vehicle(s) listed.

(e) Include proof of insurance for the vehicle(s) listed under the renewal application.

(f) Include any other documentation required under this chapter.

(4) Upon satisfactory application for renewal the patrol may issue an emergency vehicle permit or permits which, when carried as required, are valid for one year or until revocation or suspension as prescribed in WAC 204-36-070.

(5) Original or renewal applications may be mailed to the patrol at Equipment and Standards Unit, General Administration Building, P.O. Box 42600, Olympia, WA 98504-2600 or the electronic record of the application may be emailed to equipment@wsp.wa.gov. Upon receipt, the patrol will review the documentation and may issue a permit if the applicant meets all the requirements outlined in this chapter. The authorized emergency vehicle permit must be carried in the vehicle at all times, and presented upon request to law enforcement.

History

• Statutory Authority: RCW 46.37.194. WSR 14-24-116, § 204-36-030, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 46.37.194 and 46.37.005. WSR 09-09-091, § 204-36-030, filed 4/16/09, effective 5/17/09
• WSR 02-07-055, § 204-36-030, filed 3/14/02, effective 4/14/02. Statutory Authority: RCW 46.37.194. WSR 90-07-034, § 204-36-030, filed 3/15/90, effective 4/15/90
• WSR 88-15-052 (Order 88-08-ESR), § 204-36-030, filed 7/18/88. Statutory Authority: RCW 46.37.005 and 46.37.194. WSR 79-02-085 (Order 7501A), § 204-36-030, filed 2/7/79
• Order 7501, § 204-36-030, filed 11/25/75
• Order 7301, § 204-36-030, filed 2/5/73.

Wash. Admin. Code § 204-36-040 Permit limitations.

(1) A vehicle authorized by the patrol must not be used as an authorized emergency vehicle except as follows:

(a) Only by the operators named in the permit approved by the patrol.

(b) Only with the equipment described in the permit approved by the patrol.

(c) Only within the geographic area(s) approved by the chief law enforcement officer or fire chief outlined in WAC 204-36-030 and in accordance with any restrictions outlined in the permit approved by the patrol. Each authorized emergency vehicle permit holder must maintain a permanent daily log or record of all uses of emergency vehicles authorized under this chapter for at least two years. The records will be made available to any law enforcement officer or the equipment standards unit of the patrol upon request. The records must include the following items:

(i) Date and time of operation.

(ii) Operator(s) name(s).

(iii) Identification of the vehicle(s) operated by the VIN or license plate number. A vehicle number issued by the agency or company may be used provided that such number is provided to the patrol as part of the application and linked to the VIN or license plate number of the vehicle.

(iv) Location of operation which must include all geographic areas operated in with emergency equipment for that operation.

(v) Reason for operation.

(d) Only for the purposes set forth in the permit approved by the patrol.

(e) If being used for escort services, may be used only for funeral escorts. Funeral escorts must:

(i) Provide notice of each escort to the primary jurisdictions, if required to do so by the jurisdiction under the permit.

(ii) Comply with WAC 308-330-466 regarding funeral processions. To conduct traffic control as provided under WAC 308-330-466 the procession must:

(A) Have all operators involved in traffic control certified as a Washington state certified flagger. A certified flagger card must be carried at all times during the escort and presented to law enforcement if requested. All operators involved in the funeral escort must undergo a training briefing for the event which must include:

(I) Certified flaggers role during the escort;

(II) Flagging safety and requirements for any traffic control conducted to include any sign or vehicle placement during the escort;

(III) Familiarization of the route used for the escort;

(IV) Communications and signals to be used between flaggers during the escort; and

(V) Other hazards specific to the route or escort.

(B) Only use certified flaggers who must:

(I) Be at least twenty-one years of age.

(II) Possess a valid driver's license with the proper endorsements for the vehicle which they intend to operate as an escort vehicle.

(III) Be able to speak and hear well enough to conduct verbal conversation in English with another person.

(IV) Have in his or her possession a flagger certification card and the flagger's picture or a statement that says "valid with photo ID."

(C) Use traffic controls according to the guidelines and recommendations of the Manual on Uniform Traffic Control Devices (MUTCD) as currently modified and adopted by the Washington state department of transportation. To view or print a copy of the MUTCD go to http://wsdot.wa.gov/ and type MUTCD into the search box. If flagger signaling is required it must be conducted according to the currently adopted MUTCD and this chapter.

(D) Wear the following high-visibility safety apparel when performing traffic control:

(I) A safety vest, shirt or jacket labeled as meeting the ANSI/ISEA 107-2004 or 107-2010 standard performance for class 2 or 3 risk exposure. A copy of this standard is available at https://www.safetyequipment.org.

(II) The apparel must be orange-red, florescent yellow-green, or a combination of the two as defined in the ANSI standard.

(E) Have the following permit(s):

(I) A letter of acknowledgment or letter of agreement through the Washington state department of transportation (WSDOT) if the route includes state routes or interstates. Applications for conducting escorts using state highways or interstates must be submitted at least three business days in advance using the application for special events on state highways application available on the WSDOT website www.wsdot.wa.gov.

(II) A permit, letter of acknowledgment or agreement from the necessary local jurisdiction(s), if required, to perform traffic control functions for routes that include city streets or county roads. Funeral escort companies are responsible for checking with the necessary jurisdictions to ensure necessary documentation is acquired prior to operation under the authorized emergency vehicle permit.

(F) Only hold an intersection if the lead vehicle in the escort lawfully entered the intersection and only for a period of time necessary to allow the remaining vehicles to proceed through the intersection. If a procession lasts longer than three minutes at an intersection, the flagger(s) will hold the procession to allow other road users to cross.

(G) A certified flagger will be held liable if an accident occurs due to his or her instructions.

(iii) Employers and/or responsible contractors must make sure that flaggers:

(A) Stand either on the shoulder adjacent to the road user being controlled or in the closed lane prior to stopping road users. A flagger must only stand in the lane being used by moving road users after the road users have been stopped. For the purpose of this section road user means a vehicle operator, bicyclist, or pedestrian within a public roadway, including workers in temporary traffic control zones.

(B) Are positioned so that they are not exposed to traffic approaching them from behind. If this is not possible, then the employer and/or responsible contractor must develop and use a method to ensure that the flagger has adequate visual warning of traffic and equipment approaching from behind.

(C) Do not use devices that may distract the flagger vision, hearing or attention.

(D) Do not work more than three hours without a rest period of at least ten minutes.

(E) Are not assigned other duties while engaged in traffic control activities.

(iv) Have commercial insurance in Washington state or business use exemption from the insuring company to provide escort services with a motor vehicle. Proof of such insurance must be provided to the patrol annually as part of the application as outlined in WAC 204-36-030.

(v) Not park or stand, irrespective of the provisions of chapter 46.61 RCW or violate any traffic laws unless lawfully conducting traffic control as outlined in this chapter.

(2) If an authorized emergency vehicle is used for private purposes, or for purposes in an area or by an operator other than as set forth in the application, all emergency equipment which is exposed to public view must be removed or covered with an opaque hood, and must not be operated during such period of time.

(3) The issuance of an emergency vehicle permit does not relieve the driver from the duty to drive with regard for the safety of all persons, nor will such provisions protect the driver from the consequences of his or her disregard for the safety of others and does not grant police authority to the operators of said vehicle. Any inappropriate or misuse of authorized emergency vehicles may result in criminal or civil liability as well as suspension or revocation of the emergency vehicle permit.

(4) A siren may only be used when responding to an emergency call or when reasonably necessary to warn pedestrians and other drivers of the approach of the authorized emergency vehicle in accordance with RCW 46.37.380.

(5) No permit will be issued to an applicant if the name of the applicant portrays the applicant as a public law enforcement agency, or in association with a public law enforcement agency, or includes the word "police" or "patrol."

(6) An operator under an approved emergency vehicle permit will not be allowed to display or use any of the following:

(a) A name that includes the word "police," "patrol," or "law enforcement," or other word which portrays the individual or business as a public law enforcement agency.

(b) A sign, shield, marking, accessory or insignia on their uniform, clothing or equipment to imply that he or she is a law enforcement officer.

(7) Subsections (5) and (6) of this section do not apply:

(a) If the applicant is recognized under Washington state or federal law as a municipal corporation and certifies to the patrol that the applicant is a municipal corporation; or

(b) If the sign, shield, marking, accessory or insignia on the operator's uniform or equipment is issued by a public law enforcement agency; the operator is employed by the public law enforcement agency that the operator is representing with the sign, shield, marking, accessory or insignia on the operator's uniform or equipment; and the operator is approved to operate the vehicle by that public law enforcement agency for the purposes outlined under the authorized emergency vehicle permit.

History

• Statutory Authority: RCW 46.37.194. WSR 14-24-116, § 204-36-040, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 46.37.194 and 46.37.005. WSR 10-01-110, § 204-36-040, filed 12/17/09, effective 1/17/10
• WSR 09-09-091, § 204-36-040, filed 4/16/09, effective 5/17/09
• WSR 02-07-055, § 204-36-040, filed 3/14/02, effective 4/14/02. Statutory Authority: RCW 46.37.194. WSR 90-07-034, § 204-36-040, filed 3/15/90, effective 4/15/90
• WSR 88-15-052 (Order 88-08-ESR), § 204-36-040, filed 7/18/88
• Order 7301, § 204-36-040, filed 2/5/73.

Wash. Admin. Code § 204-36-050 Equipment requirements.

(1) Authorized emergency vehicles must be:

(a) Conventional passenger cars, vans, pickups, or similar vehicles;

(b) Conventionally painted; and

(c) Legally equipped in conformance with RCW 46.37.190(1) with at least one lamp capable of displaying a red light visible from at least 500 feet in normal sunlight and a siren capable of giving an audible signal. Such equipment must not be installed prior to obtaining approval of the application and issuance of a temporary certificate of approval for the vehicle(s) by the patrol. To be considered approved equipment for use under the provisions of this section, all devices must meet the criteria established in RCW 46.37.320. In descending order of preference, these are:

(i) Conformance to current standards and specifications of the Society of Automotive Engineers, or; if none

(ii) Certified for compliance by any recognized organization or agency such as, but not limited to, the American National Standards Institute, the Society of Automotive Engineers, or the American Association of Motor Vehicle Administrators.

(2) Authorized emergency vehicles must not:

(a) Be equipped with blue lamps except as provided in RCW 46.37.184, 46.37.196, and WAC 204-21-230(4).

(b) Display commercial signs, posters, or pictures.

(c) Carry or attach to the outside of the vehicle equipment, not related to the emergency nature of the vehicle.

(d) Display or use any name that includes the word "police" or "law enforcement" or other word which portrays the individual or business as a public law enforcement agency.

(3) Authorized emergency vehicles may, in addition to the required equipment, have:

(a) An amber or white lamp on their vehicle as outlined under WAC 204-21-130;

(b) Signal preemptive device as outlined in RCW 46.37.670;

(c) Flashing or strobing headlamps;

provided that such equipment is listed on the application and approved by each primary jurisdiction and the patrol.

History

• Statutory Authority: RCW 46.37.005, 46.37.320, and 46.37.194. WSR 24-16-032, § 204-36-050, filed 7/29/24, effective 8/29/24
• WSR 22-21-031, § 204-36-050, filed 10/6/22, effective 11/6/22. Statutory Authority: RCW 46.37.194. WSR 14-24-116, § 204-36-050, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 46.37.194 and 46.37.005. WSR 09-09-091, § 204-36-050, filed 4/16/09, effective 5/17/09. Statutory Authority: RCW 46.37.194. WSR 90-07-034, § 204-36-050, filed 3/15/90, effective 4/15/90
• WSR 88-15-052 (Order 88-08-ESR), § 204-36-050, filed 7/18/88
• Order 7301, § 204-36-050, filed 2/5/73.

Wash. Admin. Code § 204-36-060 Vehicles.

(1) If the patrol approves the initial application, the applicant will be issued a temporary permit for the vehicle(s) which will be valid for thirty days, during which time the emergency equipment may be installed for the purpose of inspection. After installation of the emergency equipment, the applicant must bring the vehicle to a district or detachment office of the patrol to be examined by any patrol officer to verify the location, make, model, and color (if applicable) of the emergency equipment. A patrol officer will certify the results of this examination on a form prescribed and provided by the patrol and the applicant must file the form with the patrol. Original forms may be mailed to the patrol at the Equipment and Standards Unit, General Administration Building, P.O. Box 42600, Olympia, WA 98504-2600 or the electronic record of the form may be emailed to equipment@wsp.wa.gov. Upon the patrol's receipt of such certification, the patrol will review the documentation and may issue a vehicle permit, which must be carried in the vehicle at all times, and expires when:

(a) The vehicle is removed from the permit; or

(b) The authorized emergency vehicle permit is terminated by the applicant or by the patrol; or

(c) The authorized emergency vehicle permit expires, which will be one year from the date of issuance thereof.

(2) A request to add a new vehicle may be made at any time in writing to the patrol and must include the vehicle year, make, model, VIN, license number, and registered owner. The requests will be processed as outlined in subsection (1) of this section. A vehicle will not be allowed to operate under a permit until the vehicle has been authorized by the patrol and issued a vehicle permit under the applicant's authorized emergency vehicle permit.

(3) A request to add new equipment to a vehicle with a current permit may be made at any time in writing to the patrol. If additional equipment other than that approved under the vehicle permit must be installed:

(a) A new certificate of equipment must be filled out for the vehicle and the patrol must inspect and approve such equipment issuing a new vehicle permit prior to use of the vehicle under the authorized emergency vehicle permit.

(b) The applicant may be required to obtain authorization from each primary jurisdiction of the geographic areas listed in the authorized emergency vehicle permit if the additional equipment was not previously authorized under the current permit.

(4) A copy of the vehicle permit and current authorized emergency vehicle permit(s) the vehicle is authorized under must be carried in the vehicle at all times and presented to law enforcement upon request.

History

• Statutory Authority: RCW 46.37.194. WSR 14-24-116, § 204-36-060, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 46.37.194 and 46.37.005. WSR 09-09-091, § 204-36-060, filed 4/16/09, effective 5/17/09
• WSR 02-07-055, § 204-36-060, filed 3/14/02, effective 4/14/02. Statutory Authority: RCW 46.37.194. WSR 90-07-034, § 204-36-060, filed 3/15/90, effective 4/15/90
• WSR 88-15-052 (Order 88-08-ESR), § 204-36-060, filed 7/18/88. Statutory Authority: RCW 46.37.005 and 46.37.194. WSR 81-04-043 (Order 81-01-01), § 204-36-060, filed 2/3/81
• WSR 79-02-085 (Order 7501A), § 204-36-060, filed 2/7/79
• Order 7301, § 204-36-060, filed 2/5/73.

Wash. Admin. Code § 204-36-065 Operators.

(1) Operators must have a valid driver's license properly endorsed to operate the vehicle(s) listed under the permit.

(2) The patrol may refuse to approve the application, certificate or permit, or in the case of an application which lists multiple operators may refuse to approve any single operator if the applicant/operator:

(a) Has been convicted of a felony during the ten years preceding the date of the application provided that the felony for which the applicant was convicted directly relates to the specific occupation, trade, vocation, or business for which the certificate or permit is sought;

(b) Has ever been convicted of the following:

(i) Any class A felony or any "sex offense" as defined in RCW 9.94A.030, regardless of the date or state of conviction; or

(ii) Any class B felony within the last seven years; or

(iii) Any class C felony within the last five years; or

(iv) A DUI as defined in chapter 46.61 RCW, or convicted of a similar offense regardless of the state of conviction, within the last seven years; or

(v) Reckless driving, or a hit and run, within the last seven years; or

(vi) A gross misdemeanor within the last five years; or

(vii) Any misdemeanor within the last year; or

(c) Must register as a sex or kidnapping offender.

Crimes referenced in this section are as defined in the criminal code as they exist at the time of the violation, as they now exist or may later be amended in the state of Washington. Out-of-state convictions for offenses will be classified according to the comparable offense definitions and sentences provided by Washington law.

(3) A request to add an operator to a permit may be made in writing to the patrol at any time. If there is a request for a new operator to be added to the permit, the operator will not be allowed to drive the vehicles as outlined in the permit until they have been approved to do so by the patrol.

History

• Statutory Authority: RCW 46.37.194. WSR 14-24-116, § 204-36-065, filed 12/3/14, effective 1/3/15.

Wash. Admin. Code § 204-36-070 Revocation or suspension.

(1) Violation of any of these regulations will be grounds for suspension or revocation of the authorized emergency vehicle permit. Notice will be furnished to the applicant at least twenty days prior to the effective date of such suspension or revocation. The notice will describe the grounds for the order and will furnish the applicant an opportunity to be heard within the twenty-day period. The notice may provide for immediate suspension of the permit prior to any hearing, or the patrol may suspend the permit following the hearing but prior to final determination, if it is necessary to do so in the interests of the public health, safety or welfare.

(2) The chief law enforcement officer, or fire chief if the vehicle is to be used for firefighting purposes, of each primary jurisdiction in which the vehicle is operated as an authorized emergency vehicle may revoke his or her certification of the vehicle by notifying the patrol in writing or by electronic notice of such revocation and his or her reasons therefore. Following notice to the applicant and an opportunity to be heard, the permit may be invalidated by the patrol.

(3) Failure to maintain the required insurance coverage will result in suspension or revocation of the vehicle permit by the patrol and may result in action taken on the authorized emergency vehicle permit.

(4) An operator, the company or organization holding the authorized emergency vehicle permit must notify the patrol of any motor vehicle collision or violation that occurred involving a vehicle listed under the authorized emergency vehicle permit if such collision or violation occurred while being used under the scope of the permit.

(a) Such notification must be received by the patrol within thirty days of the collision or violation. Failure to provide notification within the specified time frame may result in suspension or revocation of the permit, an individual operator or vehicle permit.

(b) Collisions or citations may be cause for the patrol to suspend or revoke an authorized emergency vehicle permit, an individual operator or vehicle permit.

(5) Falsification of any information in the permit will result in suspension or revocation of the permit, an individual operator or vehicle permit.

(6) Mailing by certified mail or sending by electronic record of any notice or correspondence by the patrol to the last physical or email address of the applicant shown on the permit will be sufficient service of notice as required by this chapter.

(7) The patrol may refuse an application from any company whose permit has been revoked until such time that the company can show that corrective action has been taken to remedy the circumstances for which the authorized emergency vehicle permit was revoked under this chapter.

History

• Statutory Authority: RCW 46.37.194. WSR 14-24-116, § 204-36-070, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 46.37.194 and 46.37.005. WSR 09-09-091, § 204-36-070, filed 4/16/09, effective 5/17/09. Statutory Authority: RCW 46.37.194. WSR 88-15-052 (Order 88-08-ESR), § 204-36-070, filed 7/18/88. Statutory Authority: RCW 46.37.005 and 46.37.194. WSR 79-02-085 (Order 7501A), § 204-36-070, filed 2/7/79
• Order 7301, § 204-36-070, filed 2/5/73.

Wash. Admin. Code § 204-36-080 Exception for federal law enforcement agency vehicles.

A vehicle of a federal law enforcement entity is recognized as an authorized emergency vehicle which need not be classified, registered, or authorized by the patrol.

History

• Statutory Authority: RCW 46.37.194. WSR 14-24-116, § 204-36-080, filed 12/3/14, effective 1/3/15.

Chapter 204-41 Seat belt exemptions.

Wash. Admin. Code § 204-41-010 Authority.

This chapter is promulgated pursuant to RCW 46.61.688 and chapter 152, Laws of 1986, and is intended to administratively implement that statute.

History

• Statutory Authority: RCW 46.61.688. WSR 86-20-037 (Order 86-1), § 204-41-010, filed 9/25/86.

Wash. Admin. Code § 204-41-020 Purpose.

The purpose of this rule is to exempt the operators of specific vehicles that stop on a frequent basis while traveling on public roadways from the requirement to wear a seat belt assembly.

History

• Statutory Authority: RCW 46.61.688. WSR 86-20-037 (Order 86-1), § 204-41-020, filed 9/25/86.

Wash. Admin. Code § 204-41-030 Seat belting of prisoners.

If the patrol vehicle is equipped with a seat belt system, it is intended that all prisoners being transported in a passenger style patrol vehicle wear a seat belt.

Prisoners that are transported in the front seat of a patrol vehicle should be placed in a seat belt assembly.

History

• Statutory Authority: RCW 46.61.688. WSR 95-09-091, § 204-41-030, filed 4/19/95, effective 5/20/95
• WSR 86-20-037 (Order 86-1), § 204-41-030, filed 9/25/86.

Wash. Admin. Code § 204-41-040 Rural United States postal carriers.

Employees of the United States Postal Service are not required to wear a seat belt system while delivering mail and while actually on a designated rural mail route. Seat belt use is required when traveling to and from the mail route.

History

• Statutory Authority: RCW 46.61.688. WSR 86-20-037 (Order 86-1), § 204-41-040, filed 9/25/86.

Wash. Admin. Code § 204-41-050 Rural newspaper carriers.

Employees of newspapers that deliver newspapers on rural routes are not required to wear a seat belt system while actually on a designated newspaper delivery route. This shall mean in sparsely populated areas. Seat belt use is required when traveling to and from the newspaper route.

History

• Statutory Authority: RCW 46.61.688. WSR 86-20-037 (Order 86-1), § 204-41-050, filed 9/25/86.

Wash. Admin. Code § 204-41-060 Utility meter readers.

Meter readers may be exempted from the seat belt requirements only during the time they are reading meters in residential areas and are continually in and out of their vehicles. Seat belt use is required when traveling to and from their actual route, or when on other utility business.

History

• Statutory Authority: RCW 46.37.005 and 46.37.510. WSR 97-10-023, § 204-41-060, filed 4/29/97, effective 5/30/97.

Wash. Admin. Code § 204-41-070 Refuse and recycling collectors.

Refuse and recycling collectors are not required to wear a seat belt system while performing collections on their designated collection routes. Seat belt use is required when traveling to and from the collection route.

History

• Statutory Authority: RCW 46.61.688. WSR 00-22-028, § 204-41-070, filed 10/23/00, effective 11/23/00.

Wash. Admin. Code § 204-41-080 Commercially recognized delivery vehicles.

Operators of commercially recognized delivery vehicles making frequent stops when traveling wholly within the limits of a town of less than ten thousand population, traveling less than one mile between stops on roads with a posted speed limit not greater than thirty-five miles per hour, while actually on a designated delivery route are not required to wear a seat belt system. Seat belt use is required when traveling to and from the designated route.

History

• Statutory Authority: RCW 46.61.688(2). WSR 05-16-093, § 204-41-080, filed 8/2/05, effective 9/2/05.

Chapter 204-44 Standards for load fastening devices.

Wash. Admin. Code § 204-44-010 Promulgation.

Under authority of RCW 46.37.005, 46.37.490, and 46.61.655, the patrol hereby adopts the following rules pertaining to the use of safety chains or other devices on vehicles to secure and protect the loads thereon.

History

• Statutory Authority: RCW 46.37.005, 46.37.490, 46.37.655. WSR 15-19-103, § 204-44-010, filed 9/18/15, effective 10/19/15. Statutory Authority: RCW 46.37.005. WSR 90-06-055, § 204-44-010, filed 3/5/90, effective 4/5/90
• Order 7303, § 204-44-010, filed 12/19/73.

Wash. Admin. Code § 204-44-012 Definitions.

(1) "Patrol" means the Washington state patrol.

(2) "Securely fastened" as used in RCW 46.37.490, 46.61.655, and this chapter means that the load will be secured using an adequate number of approved tiedown devices to prevent the load from shifting or dropping from the vehicle.

History

• Statutory Authority: RCW 46.37.005, 46.37.490, 46.37.655. WSR 15-19-103, § 204-44-012, filed 9/18/15, effective 10/19/15.

Wash. Admin. Code § 204-44-014 Approved tiedown devices.

(1) The following types of tiedown devices are approved by the patrol:

(a) Steel chain;

(b) Steel cable;

(c) Steel strapping; and

(d) Fiber webbing.

(2) Tiedown devices for a commercial motor vehicle must:

(a) Have a minimum breaking strength of at least 15,000 pounds, except that tiedown devices used to secure baled hay and baled straw may have a breaking strength of not less than 9,000 pounds.

(b) Meet or exceed federal standards contained in 49 C.F.R. 393.102.

(3) Tiedown devices used for all vehicles other than commercial vehicles must have a breaking strength sufficient for the weight of the load being carried.

History

• Statutory Authority: RCW 46.37.005, 46.37.490, 46.37.655. WSR 15-19-103, § 204-44-014, filed 9/18/15, effective 10/19/15.

Wash. Admin. Code § 204-44-020 Securing logs.

(1) Any motor truck, truck tractor, trailer, semi-trailer, or any combination thereof, transporting logs upon a public highway where tiedown devices are required, must have the load thereon securely fastened and protected as follows:

(a) On log trucks using stakes:

(i) For one log loads, one wrapper chain or cable will be required and it must be secured to the rear bunk and the log must be properly blocked or secured in a manner which will prevent it from rolling or shifting. An additional wrapper secured to the front bunk is optional.

(ii) For two log loads, not less than two wrapper chains or cables will be used to secure the load. The logs must be properly blocked to prevent them from rolling or shifting.

(iii) For loads consisting of three or four logs not over 44 feet in length, the load must be secured by not less than two properly spaced wrapper chains or cables. Ends of short logs not secured by such wrappers must be secured with extra wrappers. If any log is over 44 feet in length, the load must be secured by not less than three properly spaced wrappers. If the logs have different lengths, they must be secured so that the longer logs are on the bottom, and each log is secured by not less than two properly spaced wrappers.

(iv) For loads consisting of five or more logs, when the logs are all 17 feet or less in length, they must be secured by not less than two properly spaced wrappers. Loads consisting of five or more logs, when any log is over 17 feet in length, must be secured by not less than three properly spaced wrappers.

(b) On log trucks using chock blocks:

(i) For one log loads, one wrapper chain or cable will be required and secured to the rear bunk and the log must be properly blocked in a manner to prevent it from rolling or shifting.

(ii) One additional wrapper chain or cable will be required on log trucks using chock blocks over and above the requirements in (a)(iii) and (iv) of this subsection, and logs must be properly blocked in a manner to prevent them from rolling or shifting.

(c) In the case of short logs loaded crosswise, the following method of securing the load must be used if the truck trailer is not provided with solid ends of a height sufficient to prevent any log in the load from rolling off:

(i) Not less than two chock blocks must be used at each open end of the vehicle and the load must be held with at least two wrapper chains or cables. The wrappers must be firmly attached to the end of the truck or trailer.

(ii) Rigid standards or stakes may be used in lieu of chock blocks but each such standard or stake must be either rigidly connected to the bed of the truck or trailer or must be placed in a tight fitting socket at least 12 inches in depth.

(d) When two wrappers are required, they must be applied within six feet of the front and rear bunks. When more than two wrappers are required, the front and back tiedowns must be applied within six feet of the front and rear bunks.

(e) To properly secure short logs, tiedowns must be placed near the end, not less than 12 inches from the end of the log.

(f) No log loaded on top or in outside saddles of a load will be transported unless secured by not less than two wrapper chains or cables, one of which must be placed near each end of such log.

(g) All wrappers and tiedowns must be fastened in place prior to tightening to prevent the displacement of logs on the top of the load.

(h) All wrapper chains or cables, except in the case of one log loads, must entirely surround the load. This does not apply to gut-wrappers.

(i) Gut-wrappers, when used, will be adjusted so as to be tightened by, but not carry the weight of the logs above them.

(j) Wrappers and tiedowns must be placed and tightened around the completed load before the truck leaves the immediate loading area.

(k) Wrapper chains or cables, tiedowns, fasteners, or attachments thereof, used for any purpose as required by these standards, must have a minimum breaking strength of not less than 15,000 pounds and must be rigged so that it can be safely released.

(l) For the purposes of this standard, applied bundle straps or banding are not acceptable as wrappers and tiedowns.

(m) All loose ends of wrapper chains or cables must be securely fastened so as to prevent their swinging free in a manner that will create a hazard.

(n) Trucks and trailers used around sorting yards, etc., which travel at slow speeds, will not be required to use wrappers providing all logs are contained by and lie below the height of the stakes and there are no persons on the ground exposed to such traffic.

(o) Tiedowns for securing wrappers on logging trucks must be fitted with hooks of proper size and design for the wrapper chain being used.

(p) Wrappers must be removed from service when any of the following conditions exist:

(i) Excessively worn links on chains;

(ii) Deformed or stretched chain links;

(iii) Cracked chain links;

(iv) Frayed, stranded, knotted, or otherwise defective wire rope.

(q) Pipe extension handles (swedes) for tightening or securing tiedowns must be limited to not longer than 36 inches. A sufficient amount of the pipe must extend over the tiedown handle.

(r) Defective tiedowns must be immediately removed from service.

(2) For illustrations of placement and number of wrappers, see Figures 25 through 35 under WAC 296-54-58950.

History

• Statutory Authority: RCW 46.37.005, 46.37.490, 46.37.655. WSR 15-19-103, § 204-44-020, filed 9/18/15, effective 10/19/15. Statutory Authority: RCW 46.37.005, 46.37.010, and 46.37.490. WSR 78-10-100 (Order 7303B), § 204-44-020, filed 10/3/78
• Order 7606, § 204-44-020, filed 2/24/76
• Order 7303, § 204-44-020, filed 12/19/73.

Wash. Admin. Code § 204-44-040 Securing pole trailers while in transit.

Any empty pole trailer loaded upon any truck-tractor (except pole trailers that straddle the truck-tractor bunks) must be fastened to the truck-tractor by not less than one 5/16" grade seven or better chain and one tensioning or locking device in such a manner as to prevent it from falling or shifting while in transit. The chain must be securely fastened between the forward point on the reach tunnel and a point on the truck-tractor frame or from either axle of the pole trailer to a point directly below the truck-tractor frame or crossmember.

History

• Statutory Authority: RCW 46.37.005, 46.37.490, 46.37.655. WSR 15-19-103, § 204-44-040, filed 9/18/15, effective 10/19/15. Statutory Authority: RCW 46.37.005. WSR 93-11-017, § 204-44-040, filed 5/6/93, effective 6/6/93.

Chapter 204-50 Ignition interlock breath alcohol devices.

Wash. Admin. Code § 204-50-010 Authority.

This chapter is promulgated pursuant to RCW 43.43.395, 46.37.005 and 46.04.215.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 10-24-074, § 204-50-010, filed 11/30/10, effective 1/1/11. Statutory Authority: RCW 46.04.215 and 46.37.005. WSR 99-01-156, § 204-50-010, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. WSR 88-01-020 (Order 87-05-ESR), § 204-50-010, filed 12/9/87.

Wash. Admin. Code § 204-50-020 Purpose.

The purpose of this chapter is to establish guidelines for the certification, installation, repair, maintenance, monitoring, inspection, and removal of ignition interlock devices, as required by RCW 46.04.215 and 43.43.395.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 10-24-074, § 204-50-020, filed 11/30/10, effective 1/1/11. Statutory Authority: RCW 46.04.215 and 46.37.005. WSR 99-01-156, § 204-50-020, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. WSR 88-01-020 (Order 87-05-ESR), § 204-50-020, filed 12/9/87.

Wash. Admin. Code § 204-50-030 Definitions.

The definitions in this section apply throughout this chapter:

(1) "Alcohol" means the unique chemical compound ethyl alcohol or ethanol.

(2) "Breath alcohol concentration" or "BrAC" has the same meaning as in RCW 46.04.015(1).

(3) "Certification" means the testing and approval process required by RCW 43.43.395 and chapter 204-50 WAC.

(4) "Chief" means the chief of the Washington state patrol.

(5) "Circumvent" or "circumvention" means the attempted or successful bypass of the proper functioning of an ignition interlock device by any means including, but not limited to:

(a) The operation of a vehicle without a properly functioning ignition interlock device;

(b) The push start of a vehicle with an ignition interlock device;

(c) The alteration or disconnection of any part of the ignition interlock device including the control head while the vehicle is in operation;

(d) The intentional introduction of an air sample that is altered, diluted, contaminated, stored, or filtered, or that is obtained from an air compressor, hot air dryer, balloon, manual air pump, or other mechanic device, to start or continue to operate a vehicle;

(e) The intentional introduction of an air sample from an individual who is not the driver of the vehicle to start or continue to operate the vehicle;

(f) The intentional disruption or blocking of a digital image identification device or global positioning system;

(g) The continued operation of the interlock equipped vehicle after the ignition interlock device detects a BrAC equal to or higher than the alcohol set point.

(6) "Court" or "originating court" means the particular court, if any, that has required the use of an ignition interlock device by a particular individual or has responsibility for the pretrial or postconviction supervision of an individual required to use or using the ignition interlock device.

(7) "Designee" means a person designated by the chief of the Washington state patrol.

(8) "DOL" means the Washington state department of licensing.

(9) "Fee" means a nonrefundable administrative fee set by schedule and paid to the patrol by the manufacturer through electronic funds transfer.

(10) "Ignition interlock device" means the same as that term is defined in RCW 46.04.215.

(11) "Ignition interlock technician" or "technician" means a person employed by the ignition interlock device manufacturer, vendor or service center and certified by the impaired driving section to install, service, calibrate, remove and monitor certified ignition interlock devices in Washington state.

(12) "Impaired driving section" means the section of the Washington state patrol that has been designated by the chief to coordinate and regulate ignition interlock devices, service centers and technicians.

(13) "Lessee" means a person who has entered into an agreement with a manufacturer, vendor, or service center to lease an ignition interlock device.

(14) "Letter of certification" or "certificate" means a letter issued by the Washington state patrol that authorizes:

(a) A manufacturer's ignition interlock device to be installed and used in Washington state as provided in this chapter;

(b) An ignition interlock technician to install, service, calibrate, remove and monitor certified ignition interlock devices in Washington state; or

(c) A service center to service, install, monitor, and calibrate ignition interlock devices currently certified in Washington state.

(15) "Lockout" means a period of time where the ignition interlock device will not allow a breath sample to be delivered or a vehicle's engine to be started.

(16) "Manufacturer" means a person, company, or corporation that produces an ignition interlock device.

(17) "OAC" means the administrative office of the courts.

(18) "Patrol" means the Washington state patrol as that term is defined in RCW 43.43.010.

(19) "Restricted operator" means a person whose driving privileges are restricted by court order or the department of licensing to operating only motor vehicles equipped with a functioning certified ignition interlock device.

(20) "Service center" is the same as service provider as referenced in RCW 43.43.395 and means a location certified by the impaired driving section to service, install, monitor, remove and calibrate certified ignition interlock devices in Washington state.

(21) "Tamper" or "tampering" means any act or attempt to disable or circumvent the legal operation of an ignition interlock device.

(22) "Vendor" means an impaired driving section approved company, business, or distributor who is contracted by a manufacturer to manage a service center, a technician, or both.

(23) "Violation reset" means a feature of the ignition interlock device that activates a service reminder due to a violation.

(24) "Wet bath simulator" means a device that provides a vapor sample of a known alcohol concentration when filled with a certified alcohol and water solution and maintained at a specific temperature.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 22-01-068, § 204-50-030, filed 12/9/21, effective 1/9/22
• WSR 12-17-153, § 204-50-030, filed 8/22/12, effective 10/1/12
• WSR 10-24-074, § 204-50-030, filed 11/30/10, effective 1/1/11. Statutory Authority: RCW 46.37.005 and 46.04.215. WSR 09-18-073, § 204-50-030, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). WSR 05-17-065, § 204-50-030, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. WSR 99-01-156, § 204-50-030, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. WSR 88-01-020 (Order 87-05-ESR), § 204-50-030, filed 12/9/87.

Wash. Admin. Code § 204-50-040 Ignition interlock device certification.

(1) An application must be approved and letter of certification issued by the chief or designee before a manufacturer's ignition interlock device is authorized for installation pursuant to this chapter.

(2) Application for letter of certification for an ignition interlock device.

(a) A manufacturer must submit an application to the impaired driving section for a letter of certification for its ignition interlock device and pay all applicable fees.

(b) In order to have an ignition interlock device certified, the applicant(s) must:

(i) Complete the application form provided by the impaired driving section.

(ii) Provide written verification that the ignition interlock device complies with all applicable standards set under RCW 43.43.395 and chapter 204-50 WAC, including written documentation from an International Organization for Standardization (ISO) certified testing laboratory that two samples of the manufacturer's ignition interlock device meets or exceeds the minimum test standards in sections one and two of the model specifications for breath alcohol ignition interlock devices (BAIID) as published in the Federal Register, Volume 57, Number 67, Tuesday, April 7, 1992, on pages 11774 - 11787, or as rules are adopted. Only a notarized statement as outlined in RCW 43.43.395 (3)(c)(i), from a laboratory that is certified by the International Organization for Standardization and is capable of performing the tests specified will be accepted as proof of meeting or exceeding the standards.

(iii) Provide two ignition interlock devices for field and laboratory testing.

(iv) Attach to the application a declaration on the form provided by the impaired driving section that:

(A) The manufacturer, and its employees will cooperate with the impaired driving section at all times, including its inspection of the manufacturer's installation, service, repair, calibration, use, removal, or performance of ignition interlock device.

(B) The manufacturer agrees to collect and pay all applicable fees, provide all downloaded ignition interlock device data, reports and information related to the ignition interlock device to the impaired driving section in an impaired driving section approved electronic format.

(C) The manufacturer, vendor, and/or ignition interlock technician agrees to provide testimony relating to any aspect of the installation, service, repair, calibration, use, removal or performance of the ignition interlock at no cost on behalf of the state of Washington or any other political subdivision.

(v) Provide the alcohol reference value and type of calibration device used to check the ignition interlock device.

(vi) Provide the Washington state software ignition interlock device configuration profile.

(vii) Provide the impaired driving section, a letter size map of the state of Washington showing the area covered by each certified fixed site and/or mobile service center, areas and the name, address, certification number and telephone number of each service center.

(3) Issuance of a letter of certification for an ignition interlock device or renewal of letter of certification for an ignition interlock device.

(a) The chief or designee will have the authority to issue a letter of certification for a device if all the requirements have been met by the applicant.

(b) Upon receipt of an application for letter of certification, the chief or designee will:

(i) Approve an application under this section if all requirements of this section have been met; or

(ii) Deny the application if all requirements of this chapter have not been met by the applicant. If an applicant is denied, the applicant must wait ninety days before the applicant may resubmit its application for letter of certification for an ignition interlock device.

(c) The chief or designee will notify the applicant in writing if an application for a letter of certification has been denied. The notice of denial will be sent to the applicant via certified mail, return receipt requested.

(d) A letter of certification for an ignition interlock device will be effective the date stated on the letter.

(e) A letter of certification for an ignition interlock device will be valid for three years or until it is surrendered, suspended, or revoked.

(f) A letter of certification for an ignition interlock device will be subject to annual review by the impaired driving section and at its discretion during the course of the certification period.

(4) Renewal of a letter of certification for an ignition interlock device.

(a) A manufacturer must submit an application to the impaired driving section requesting a renewal of a letter of certification for an ignition interlock device and pay all applicable fees. The renewal request may be submitted ninety days prior to the expiration of a letter of certification, but a renewal request must be submitted within thirty days prior to the expiration of a letter of certification.

(b) For a manufacturer to have its letter of certification for an ignition interlock device renewed, it must submit:

(i) A written request for renewal of a letter of certification for an ignition interlock device.

(ii) Written verification that the ignition interlock device complies with all applicable standards set in RCW 43.43.395 and chapter 204-50 WAC, including a current report from an ISO certified testing laboratory that two samples of the manufacturer's ignition interlock device meets or exceeds the minimum test standards in sections one and two of the model specifications for breath alcohol ignition interlock devices (BAIID) as published in the Federal Register, Volume 57, Number 67, Tuesday, April 7, 1992, on pages 11774 - 11787, or as rules are adopted. Only a notarized statement as outlined in RCW 43.43.395 (3)(c)(i), from a laboratory that is certified by the International Organization for Standardization and is capable of performing the tests specified will be accepted as proof of meeting or exceeding the standards.

(iii) The ignition interlock device for field testing to be completed by the impaired driving section.

(c) The chief or designee will notify the manufacturer in writing if renewal of a letter of certification has been denied. The notice of nonrenewal will be sent to the certified holder via certified mail, return receipt requested.

(5) Revocation of a letter of certification for an ignition interlock device.

(a) The chief or designee may revoke a letter of certification for an ignition interlock device for a manufacturer's, vendor's, service center's or ignition interlock technician's violation of any of the laws or regulations related to the installation, servicing, monitoring, removal and calibration of ignition interlock devices, including but not limited to, "additional requirements" listed in WAC 204-50-120.

(b) A copy of a notice of revocation for a certification for an ignition interlock device will be provided to the DOL and to the OAC for the state of Washington.

(c) Upon revocation of a letter of certification for an ignition interlock device, the manufacturer's ignition interlock device(s) will be removed from the list of certified ignition interlock devices on the patrol's website.

(d) If a manufacturer holding a letter of certification for an ignition interlock device is no longer in business, it shall immediately send written notification to the impaired driving section informing it that the manufacturer is no longer in business, and the impaired driving section will revoke its letter of certification.

(e) If a manufacturer holding a letter of certification wishes to voluntarily relinquish its letter of certification, the manufacturer shall send written notice to the impaired driving section advising it that the manufacturer is relinquishing its letter of certification for an ignition interlock device.

(f) Upon voluntary surrender or revocation of a letter of certification for a manufacturer's ignition interlock device, the impaired driving section shall notify all vendors and/or service centers that all of a manufacturer's uncertified ignition interlock devices must be removed and replaced by a certified ignition interlock device within sixty-five days of the effective date of such surrender or revocation. The service center will notify all affected lessees of the revocation of the manufacturer's certification and requirement that a certified service center install and/or replace the ignition interlock device.

(g) The impaired driving section will maintain a file of all current, revoked, and voluntarily surrendered letters of certification for the time period required by the patrol records retention schedule.

(h) The chief or designee will notify the manufacturer in writing if a letter of certification has been revoked. The notice of revocation will be sent to the certificate holder via certified mail, return receipt requested.

(6) All ignition interlock devices must employ fuel cell technology on or before June 10, 2015. An ignition interlock device that does not employ fuel cell technology after June 10, 2015, will not be an approved device in Washington state and will have its letter of certification denied or revoked.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 12-17-153, § 204-50-040, filed 8/22/12, effective 10/1/12
• WSR 10-24-074, § 204-50-040, filed 11/30/10, effective 1/1/11. Statutory Authority: RCW 46.37.005 and 46.04.215. WSR 09-18-073, § 204-50-040, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). WSR 05-17-065, § 204-50-040, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. WSR 99-01-156, § 204-50-040, filed 12/23/98, effective 1/1/99. Statutory Authority: RCW 46.20.730. WSR 88-15-050 (Order 88-04-ESR), § 204-50-040, filed 7/18/88. Statutory Authority: 1987 c 247. WSR 88-01-020 (Order 87-05-ESR), § 204-50-040, filed 12/9/87.

Wash. Admin. Code § 204-50-042 Service center certification and inspection.

(1) An application must be approved, all applicable fees paid and a letter of certification issued by the chief or designee before a fixed or mobile service center may repair, install, remove, or service a certified ignition interlock device pursuant to this chapter.

(2) Application for certification for a fixed site service center.

(a) A manufacturer must submit an application to the impaired driving section for a letter of certification for a fixed service center. A manufacturer may approve a vendor to submit an application for a fixed service center on a case-by-case basis.

(b) In order to have a fixed service center certified, the applicant(s) must:

(i) Complete the application form provided by the impaired driving section. In the application form the applicant shall disclose:

(A) The physical address of the service center;

(B) The days and hours of operation for the service center;

(C) The type of the certified ignition interlock device it will service;

(D) The type of calibration device it will use for the ignition interlock device(s) it will service.

(ii) Submit a copy of the ignition interlock device data reader download procedures.

(iii) Submit a written statement from a manufacturer that authorizes the service center to install the manufacturer's certified ignition interlock device.

(iv) Submit a list of all fees that may be charged to the lessee to install the manufacturer's certified ignition interlock device.

(3) Renewal of certification for a fixed site service center. The impaired driving section will conduct an annual inspection of all certified fixed site service centers. Upon successful completion of the inspection and payment of all applicable fees the certification will be renewed.

(4) Application for certification for a mobile site service center.

(a) A manufacturer must submit an application to the impaired driving section for a letter of certification for a mobile service center. A manufacturer may approve a vendor to submit an application for a mobile service center on a case-by-case basis.

(b) In order to have a mobile service center certified, the applicant(s) must:

(i) Submit the information required in subsection (1)(b)(i) through (iii) of this section.

(ii) Submit a copy of liability insurance for all vehicles to be used as a mobile service center.

(iii) Submit certification number(s) of the fixed site service center(s) overseeing the mobile service center and the technician(s) that will work from the mobile service center(s).

(iv) Submit a list of all fees or rates that may be charged to a lessee to install, remove, repair, or service an ignition interlock device by a mobile service center.

(5) Inspection of fixed and/or mobile service center. A vendor or manufacturer must agree to allow access for a representative from the impaired driving section to conduct an inspection at any time during scheduled business hours to ensure compliance as required in chapter 204-50 WAC.

(6) Service center requirements. To receive and maintain a letter of certification, a fixed site service center must:

(a) Be located in a facility which properly accommodates installing, inspecting, downloading, calibrating, repairing, monitoring, maintaining, servicing, and/or removing of ignition interlock devices.

(b) Have posted a current copy of all fees and rates a lessee may be charged to install, remove, repair or service an ignition interlock device by a fixed or mobile service center. The fees and rates must be plainly visible and capable of being read at all times by the public.

(c) Provide lessees a statement of charges clearly specifying warranty details, monthly lease amount, any additional charges anticipated for routine calibration and service checks and what items, if any, are provided without charge.

(d) Provide the lessee written notice of any changes in the statement of charges regardless of what person or agency requested the change, prior to the implementation of such changes.

(e) Comply with all municipal and/or county zoning regulations for commercial businesses and provide a corresponding business license.

(f) Have and maintain a designated waiting area that is separate from the installation area for the lessee. The designated waiting area must be shielded from the installation area so a lessee or any other unauthorized person cannot witness the installation or service of the ignition interlock device.

(g) Have an area and the electronic equipment available for restricted drivers to view training videos provided by the impaired driving section or manufacturer.

(7) Issuance of letter of certification for a fixed and/or mobile service center.

(a) The chief or designee will have the authority to issue a letter of certification to a fixed and/or mobile service center if all qualifications outlined in this chapter have been met by the applicant.

(b) A letter of certification or a service center must be posted and visible to the public.

(c) The chief or designee will notify the manufacturer in writing if a letter of certification has been denied. The notice of denial will be sent to the applicant via certified mail, return receipt requested.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 12-17-153, § 204-50-042, filed 8/22/12, effective 10/1/12
• WSR 10-24-074, § 204-50-042, filed 11/30/10, effective 1/1/11.

Wash. Admin. Code § 204-50-046 Ignition interlock technician certification.

(1) The chief or designee will have the authority to issue a letter of certification for an ignition interlock technician. An application must be approved and letter of certification issued by the impaired driving section before an ignition interlock technician may repair, install, remove, or service a certified ignition interlock device pursuant to this chapter.

(2) Application for letter of certification for an ignition interlock technician.

(a) A manufacturer must submit an application to the impaired driving section for a letter of certification for each ignition interlock technician employed at a fixed or mobile service center and pay all applicable fees to the state of Washington. A manufacturer may approve a vendor to submit an application for an ignition interlock technician on a case-by-case basis.

(b) In order to receive a letter of certification for an ignition interlock technician, the applicant shall:

(i) Complete the application form provided by the impaired driving section.

(ii) Have its employee complete the knowledge and skills examination administered by the impaired driving section. An applicant's employee must score eighty percent or higher on the knowledge and skills examination to be eligible for a letter of certification.

(iii) Submit, at the expense of the manufacturer, service center, vendor or applicant, a criminal history report conducted within the preceding thirty days of the date on the application. The criminal history report shall be attained from either the patrol's identification and criminal history section if the employee has lived in Washington for five years immediately preceding the date of the application or, a criminal background check from the agency responsible for keeping criminal history in the state or states of the previous residence of an employee who has not lived in Washington for the five years immediately preceding the date of application.

(c) The chief or designee will refuse to issue or may revoke a letter of certification for the ignition interlock technician if the ignition interlock technician:

(i) Has been convicted of:

(A) Any alcohol related traffic offense within the last three years;

(B) A DUI, as defined in chapter 46.61 RCW, two or more times within the last five years;

(C) Any offense classified as a class B or C felony within the five years prior to the date of the applicant filing an application for certification as an ignition interlock technician;

(D) Any class A felony or any "sex offense" as defined in RCW 9.94A.030, regardless of the date of conviction; or

(E) Any gross misdemeanor within the last three years.

(ii) The chief or designee may refuse to issue or may revoke a letter of certification for the ignition interlock technician if the ignition interlock technician has been convicted of:

(A) Any misdemeanor within the last year; or

(B) Has demonstrated a willful disregard for complying with ordinances, statutes, administrative rules or court orders, whether at the local, state or federal level;

(iii) Fails to demonstrate character and general fitness sufficient to command the confidence of the impaired driving section and warrant a belief that the duties of a technician will be conducted honestly, fairly and efficiently in the conduct of ignition interlock service. In determining character and general fitness, the impaired driving section may consider:

(A) Prior contacts with law enforcement;

(B) Criminal record;

(C) Reputation in the community;

(D) Associations; and

(E) Current driver's license status and abstract driving record.

(iv) Has been granted a deferred prosecution under chapter 10.05 RCW for an alcohol related traffic offense within the last three years.

(v) Is not at least eighteen years of age.

(vi) Does not possess a valid Washington driver's license if:

(A) The ignition interlock technician is employed by a service center that provides a mobile service center; or

(B) The ignition interlock technician must operate a lessee's vehicle to provide services in accordance with this chapter.

(d) The term "conviction" as used in this section will have the same meaning as used in chapter 9.94A RCW.

(3) Issuance of letter of certification for an ignition interlock technician.

(a) The chief or designee will have the authority to issue a letter of certification for an ignition interlock technician if an application has been approved and all qualifications set out in this chapter have been met by the applicant.

(b) A letter of certification for an ignition interlock technician will be effective the date stated in the letter and contain a certification number specific to the ignition interlock technician.

(c) A letter of certification for an ignition interlock technician will be valid for one year or until suspended, superseded, or revoked by the impaired driving section.

(d) A letter of certification for an ignition interlock technician will be subject to review by the impaired driving section at its discretion during the course of the certification period.

(e) The chief or designee will deny an application for a letter of certification for an ignition interlock technician if all qualifications are not met by the applicant, and it will notify the manufacturer and vendor, if submitted for approval by the vendor with approval of the manufacturer, within ten days of such determination.

(f) The chief or designee will notify the manufacturer in writing if an application for letter of certification has been denied. The notice of denial will be sent to the applicant via certified mail, return receipt requested.

(4) Renewal of a letter of certification for an ignition interlock technician.

(a) A letter of certification for an ignition interlock technician certification must be renewed and all applicable fees paid on an annual basis.

(b) An application to renew a letter of certification for an ignition interlock technician must be submitted to the impaired driving section at least thirty days prior to the expiration of the certification.

(c) An incomplete or untimely application may result in the expiration of a letter of certification for an ignition interlock technician. If a letter of certification for an ignition interlock technician expires, the ignition interlock technician identified in the expired letter of certification shall immediately stop working as an ignition interlock technician until a new letter of certification is issued by the chief or designee.

(d) Renewal of a letter of certification for an ignition interlock technician will be the same as the process outlined in this section, except the submission of a criminal history report may be submitted by the ignition interlock technician.

(e) If there is pending action against an ignition interlock technician for any violation of the rules outlined in this chapter, an application for the renewal of a letter of certification will not be processed until the pending action has reached a final resolution.

(f) The chief or designee will notify the manufacturer and vendor, if submitted for approval by the vendor with approval of the manufacturer, in writing if renewal of a letter of certification has been denied. The notice of nonrenewal will be sent to the certificate holder via certified mail, return receipt requested.

(5) Surrender of a letter of certification for an ignition interlock technician.

(a) An ignition interlock technician letter of certification may be surrendered upon written request from the vendor, manufacturer, or an ignition interlock technician or if the impaired driving section receives written notification that the ignition interlock technician is no longer certified by the same manufacturer under which the current ignition interlock technician certification was issued.

(b) The original letter of certification must be returned to the impaired driving section. If the original certification is not provided with the written notification the impaired driving section will instruct an inspector to obtain the original certification.

(6) Suspension or revocation of a letter of certification for an ignition interlock technician.

(a) The chief or designee may suspend or revoke certification of an ignition interlock technician who no longer meets all of the requirements outlined under the Revised Code of Washington or this chapter.

(b) The chief or designee will notify the ignition interlock technician, manufacturer and vendor in writing if a letter of certification has been suspended or revoked. The notice of suspension or revocation will be sent to the certificate holder via certified mail, return receipt requested.

(c) During a period of suspension of a letter of certification for an ignition interlock technician, the suspended ignition interlock technician shall cease any and all activities related to the repair, installation, removal, or service of a certified ignition interlock device in the state of Washington.

(d) If a letter of certification for an ignition interlock technician is suspended or revoked the ignition interlock technician shall, on demand, surrender the certification and return it to the impaired driving section.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 12-17-153, § 204-50-046, filed 8/22/12, effective 10/1/12
• WSR 10-24-074, § 204-50-046, filed 11/30/10, effective 1/1/11.

Wash. Admin. Code § 204-50-050 Modifications to a certified ignition interlock device.

(1) A manufacturer shall immediately notify the impaired driving section, in writing, of any material modification. A material modification is any addition or reduction in features, software version changes, configuration profile changes or alteration in the components and/or the design of the certified ignition interlock device. Written notification of a material modification may be submitted to the impaired driving section in an electronic format approved by the impaired driving section.

(2) A manufacturer must resubmit evidence of compliance as required in WAC 204-50-040 to the impaired driving section within thirty days of notifying the impaired driving section of a material modification.

(3) The impaired driving section will determine if the device must be submitted for recertification.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 12-17-153, § 204-50-050, filed 8/22/12, effective 10/1/12
• WSR 10-24-074, § 204-50-050, filed 11/30/10, effective 1/1/11. Statutory Authority: RCW 46.37.005 and 46.04.215. WSR 09-18-073, § 204-50-050, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). WSR 05-17-065, § 204-50-050, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. WSR 99-01-156, § 204-50-050, filed 12/23/98, effective 1/1/99. Statutory Authority: RCW 46.20.730. WSR 88-15-050 (Order 88-04-ESR), § 204-50-050, filed 7/18/88. Statutory Authority: 1987 c 247. WSR 88-01-020 (Order 87-05-ESR), § 204-50-050, filed 12/9/87.

Wash. Admin. Code § 204-50-070 Alcohol set point of an ignition interlock device.

(1) An ignition interlock device must be capable of being preset by the manufacturer to an alcohol set point from .020 to .070 BrAC.

(2) The alcohol set point of each ignition interlock device must be set at .020 BrAC, unless otherwise mandated by the originating court.

(3) The capability to change the set point must be made secure by the manufacturer.

(4) The manufacturer must notify the impaired driving section in writing within seven calendar days of installing an ignition interlock device with an alcohol set point other than .020 BrAC.

(5) As used in this chapter, "alcohol set point" means the BrAC level at which the ignition interlock device will prevent the operator from starting the vehicle, and once the vehicle is started, the level below which the operator must record a test.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 22-01-068, § 204-50-070, filed 12/9/21, effective 1/9/22
• WSR 12-17-153, § 204-50-070, filed 8/22/12, effective 10/1/12
• WSR 10-24-074, § 204-50-070, filed 11/30/10, effective 1/1/11. Statutory Authority: RCW 46.37.005 and 46.04.215. WSR 09-18-073, § 204-50-070, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). WSR 05-17-065, § 204-50-070, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. WSR 99-01-156, § 204-50-070, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. WSR 88-01-020 (Order 87-05-ESR), § 204-50-070, filed 12/9/87.

Wash. Admin. Code § 204-50-080 Certified ignition interlock device maintenance, calibration and reports.

(1) Each restricted operator shall have the ignition interlock device installed in the restricted operator's vehicle(s) examined by the manufacturer, vendor, service center or ignition interlock technician for correct calibration and evidence of tampering at intervals not to exceed sixty-five days, or more often as may be ordered by the originating court.

(2) The restricted driver must pay a calibration fee at least once every sixty days.

(3) An ignition interlock device must be calibrated for accuracy by using a wet bath simulator or dry gas alcohol standard with an alcohol reference value between .030 and .050 g/210L.

(a) The calibration process will consist of the following procedures:

(i) Prior to introducing a reference sample into a device, a three second purge must be expelled from the wet bath simulator or dry gas standard.

(ii) An "as found" check to introduce the sample into the device without adjustment for accuracy. The test must be conducted prior to any adjustment for accuracy and the results must be recorded on the data logger.

(iii) The accuracy check will consist of two consecutive reference checks with the result of each individual check being within plus or minus ten percent of the reference value introduced into the ignition interlock device. The time period from the first accuracy check to the second consecutive accuracy check must not exceed five minutes.

(iv) Any ignition interlock device not passing calibration must be removed from service and the serial number of the device kept on record for three years. An ignition interlock device removed from service for not passing calibration may be placed back in service only if it is repaired to meet the standards as outlined in this chapter and all repairs are documented and kept in the record for three years.

(b) Wet bath simulators must:

(i) Use a mercury in glass or digital thermometer. These thermometers must read 34 plus or minus .2 degrees Centigrade during analysis and be certified annually using a National Institute of Standards and Technology (NIST) traceable digital reference thermometer.

(ii) Be found on the current National Highway Traffic Safety Administration confirming products list of calibrating units for breath alcohol testers.

(iii) Use alcohol reference solutions prepared and tested in a laboratory such that their reference value is shown to be traceable to the National Institute of Standards and Technology. The 500 ml bottles containing simulator solution must be tamper proof and labeled with the following: Lot or batch number, value of the reference sample in g/210L, and date of preparation and/or the expiration which must not be longer than one year from the date of preparation.

(c) Dry gas alcohol standards must be certified to a known reference value and traceable to National Institute of Standards and Technology - NIST Traceable Reference Material (NIST-NTRM) ethanol standards. The reference value will be adjusted for pressure changes due to elevation to which the dry gas is being used.

(i) Dry gas alcohol standard tanks must:

(A) Be stored in an environment where the temperature range remains between 50-104 degrees Fahrenheit.

(B) Have a label which will contain the following: Components and concentration of the reference value of the gas, expiration date which must not be longer than three years from the date of preparation, and the lot or batch number.

(ii) Each service center using a dry gas alcohol standard will have:

(A) An elevation chart which will be used to determine the proper reference value for the elevation for which the gas standard is being used.

(B) The certificate of analysis from the dry gas standard manufacturer.

(4) The results of any circumvention or bypass attempt and each calibration including the reference value, "as found" check, calibration check(s), and any adjustments made for accuracy and/or elevation pressure must be recorded on the ignition interlock device data logger and/or database.

(5) Data contained in an ignition interlock device's memory or data logger must be downloaded and the manufacturer, vendor and/or service center must make an electronic copy of the client data and the results of each examination.

(6) Data downloaded by a manufacturer, vendor and/or service center from an ignition interlock device must be:

(a) Reviewed by the manufacturer, vendor, ignition interlock technician, and/or service center. Any evidence of noncompliance, violations, or signs of tampering and/or circumvention must be reported as requested by, and in a format acceptable to the originating court, impaired driving section and/or DOL.

(b) All information obtained as a result of each calibration or inspection must be retained by the manufacturer, vendor or service center for three years from the date the ignition interlock device is removed from the vehicle.

(7) The manufacturer, vendor and/or service center must provide, upon request, additional reports in a format acceptable to and at no cost to DOL, impaired driving section and/or the originating court.

(8) A service center must maintain records documenting all calibrations, downloads and any other services performed on an ignition interlock device, including service of a violation reset. Charges for installations, calibrations, downloads and service must be made using a numbered billing invoice. The billing invoice must contain the date of service and all fees for service must be itemized.

(9) Retention of the record of installation, calibrations, downloads, service and associated invoices must be maintained on site for a minimum of three years.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 12-17-153, § 204-50-080, filed 8/22/12, effective 10/1/12
• WSR 10-24-074, § 204-50-080, filed 11/30/10, effective 1/1/11. Statutory Authority: RCW 46.37.005 and 46.04.215. WSR 09-18-073, § 204-50-080, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). WSR 05-17-065, § 204-50-080, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. WSR 99-01-156, § 204-50-080, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. WSR 88-01-020 (Order 87-05-ESR), § 204-50-080, filed 12/9/87.

Wash. Admin. Code § 204-50-090 Ignition interlock device security.

(1) A manufacturer and its vendors, service center(s), and ignition interlock technicians must take all steps necessary to prevent tampering or physical circumvention of an ignition interlock device. These steps must include:

(a) Special locks, seals, and installation procedures that prevent or record evidence of tampering and/or circumvention attempts;

(b) Installation and/or use of all anticircumvention features required under this chapter;

(c) Breath anticircumvention features such as alternating breath flow, hum tone, breath temperature and any other impaired driving section approved anticircumvention features must be activated during all start up and random breath tests;

(d) Changes in software and ignition interlock device configuration, including anticircumvention features and the Washington state configuration profile will only be administered by the manufacturer.

(2) In addition, a service center or ignition interlock technician will affix to the ignition interlock device a label containing the following notation: "Warning - This ignition interlock device has been installed under the laws of the state of Washington. Attempts to disconnect, tamper with, or circumvent this ignition interlock device may subject you to criminal prosecution. For more information, call (insert manufacturer, vendor or service center's toll free number)."

(3) No owner or employee of a manufacturer, vendor or service center may authorize or employ the use of any procedure which allows a vehicle equipped with a functioning ignition interlock device to start or operate without providing all required breath samples.

(4) Except as provided in WAC 204-50-092, the sale or use of any type of lockout override allowing any user to bypass a lockout condition is prohibited.

(5) All known ignition interlock device circumventions or tampering must be reported to the impaired driving section in an impaired driving section approved electronic format within seven calendar days of determining that an ignition interlock device was circumvented or tampered with.

History

• Statutory Authority: RCW 46.43.395, 46.37.005, and 46.04.215. WSR 20-09-027, § 204-50-090, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 12-17-153, § 204-50-090, filed 8/22/12, effective 10/1/12
• WSR 10-24-074, § 204-50-090, filed 11/30/10, effective 1/1/11. Statutory Authority: RCW 46.37.005 and 46.04.215. WSR 09-18-073, § 204-50-090, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). WSR 05-17-065, § 204-50-090, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. WSR 99-01-156, § 204-50-090, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. WSR 88-01-020 (Order 87-05-ESR), § 204-50-090, filed 12/9/87.

Wash. Admin. Code § 204-50-092 Lockout override.

(1) Except as provided in subsection (2) of this section, the manufacturer may, in its discretion, authorize and provide a lockout override when a lockout occurs.

(a) The lockout override shall deactivate the lockout condition for a period of up to four hours. If the device has not been serviced by a service center prior to the expiration of the authorized lockout override period, a lockout override shall not be authorized again until the device has been physically inspected and the calibration checked at a service center.

(b) After a lockout override has been authorized by the manufacturer, the lockout override must be activated within a maximum of twenty hours. After twenty-four hours, the lockout override shall no longer be capable of overriding a lockout.

(c) The activation of a lockout override shall not render the interlock device or any attached components inactive. The interlock device must operate in the same manner as required in chapter 204-50 WAC, including all start up and random breath tests.

(d) All lockout override procedures must be standardized and secured to prevent unauthorized duplication during future lockout conditions or on other ignition interlock devices.

(2) A lockout override shall not be authorized in any of the following circumstances:

(a) To allow an ignition interlock technician to override a lockout; or

(b) To override any temporary lockout or mandatory waiting period; or

(c) When the vehicle equipped with an ignition interlock device is located in a state other than Washington or outside the United States, unless a lockout override is authorized by the jurisdiction in which the vehicle is located.

(3) All lockout override procedures must be tested by the impaired driving section prior to approval and use in Washington.

(a) Annual testing and evaluation of any lockout override method approved for use will be completed by the impaired driving section in accordance with WAC 204-50-040.

(b) Any proposed modification to an approved lockout override procedure must be completed in accordance with WAC 204-50-050.

(4) A manufacturer must notify the impaired driving section if any other lockout override procedures are in use in other jurisdictions and provide safeguards to ensure unapproved lockout override procedures will not be used in Washington.

(5) The authorization and activation of any lockout override must be reported by the manufacturer to the impaired driving section in an approved format within seven calendar days of authorization by the manufacturer.

(6) The activation of any lockout override must be displayed within the data log of the device, which is viewable by the impaired driving section. The data log must display all standard data log information while the lockout override is active.

(7) As used in this section, "lockout override" means a secure and randomized code, standardized procedure, or manufacturer controlled standardized remote connection procedure used to temporarily override or deactivate a lockout condition on a certified ignition interlock device.

History

• Statutory Authority: RCW 46.43.395, 46.37.005, and 46.04.215. WSR 20-09-027, § 204-50-092, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 204-50-100 Installation of ignition interlock devices.

(1) An ignition interlock device can only be installed by a certified ignition interlock technician.

(2) The installation verification fee will be collected from the lessee by the manufacturer, vendor, service center, or ignition interlock technician at the time of installation and recorded in a log.

(3) An ignition interlock technician shall not install an ignition interlock device on a vehicle unless the restricted operator is:

(a) Successful in completing all training provided by the impaired driving section and/or manufacturer prior to initially using the ignition interlock device;

(b) The registered owner of the vehicle or has a signed "Non-owned Installation Approval Form" approving the ignition interlock device installation; and

(c) Provided ignition interlock device training by the manufacturer, vendor, service center, and/or certified technician. If the impaired driving section and/or DOL provides educational materials to the manufacturer, vendor, service center and/or technician, those training materials will be provided to and completed by the restricted operator and/or lessee in addition to the training required under this section.

(4) An ignition interlock technician shall:

(a) Record the following information before installing an ignition interlock device:

(i) The full name, current address, phone number, driver's license number of the lessee and/or restricted operator.

(ii) The vehicle license registration number for the vehicle in which the ignition interlock device is to be installed.

(iii) The unique serial number of the ignition interlock device installed and corresponding vehicle license registration number of the single vehicle in which it was installed.

(b) Ensure that no restricted operator, lessee or other unauthorized person witnesses the installation, service or removal of an ignition interlock device.

(c) Inspect all vehicles prior to installation of an ignition interlock device to determine if parts of a vehicle affected by an ignition interlock device are in acceptable condition and an ignition interlock device shall not be installed until the vehicle is in acceptable condition.

(d) Follow the manufacturer's instructions and regulations outlined in this chapter for the installation, servicing and removal of ignition interlock devices.

(e) Install the following physical anti-tampering measures:

(i) Place all connections and associated wiring between an ignition interlock device and a vehicle in an area of the vehicle not immediately accessible or visible to the lessee or restricted operator.

(ii) Cover with a unique and easily identifiable seal, epoxy, resin, shrink wrap, sheathing, or tamper proof tape:

(A) Any portion of an ignition interlock device that can be disconnected;

(B) Any wires used to install the ignition interlock device that are not inside a secured enclosure; and

(C) Mark points likely to be accessed when attempting to tamper with the ignition interlock device with other material unless the ignition interlock device is capable of recording such attempts to tamper with it.

(5) A service center or ignition interlock technician will:

(a) Thoroughly train a restricted operator on the proper use and functionality of an ignition interlock device;

(b) Provide a user reference, operation, and problem-solving guide in English or Spanish to the restricted operator when an ignition interlock device is installed; and

(c) Upon installation of the ignition interlock device, take a digital reference image or photograph of the restricted driver which must be accessible at the service center from a secure storage location for the duration of the installation.

(6) A service center or ignition interlock technician will be available during all posted hours of operation to answer all questions and handle any problems related to a restricted operator's ignition interlock device, including repair or replacement of an inoperable or malfunctioning ignition interlock device.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 12-17-153, § 204-50-100, filed 8/22/12, effective 10/1/12
• WSR 10-24-074, § 204-50-100, filed 11/30/10, effective 1/1/11.

Wash. Admin. Code § 204-50-110 Mandatory requirements for an ignition interlock device.

(1) Notwithstanding other provisions of this chapter, a certified ignition interlock device must:

(a) Be designed to permit a "restart" within two minutes of a stall or when the ignition has been turned off, except a "restart" will not be permitted during a violation reset condition.

(b) Automatically and completely purge residual alcohol before allowing subsequent tests.

(c) Allow a minimum of 1500 ml or 1.5 L of breath for an acceptable breath sample.

(d) Allow a minimum of three minutes and a maximum of six minutes for random breath tests to be initiated prior to an indication of a missed test and a violation reset. The device must be capable of notifying the restricted driver of this time period. Acceptable forms of notification are use of an indicator light, audible tone, voice modulation and/or countdown timer.

(e) Be installed in such a manner that it will not interfere with the normal operation of the vehicle after it has been started.

(f) Include a supply of two disposable mouth pieces upon installation, designed to minimize the introduction of saliva into an ignition interlock device, and an additional mouth piece with every 60 to 65 day calibration period.

(g) Have all primary components as identified by the impaired driving section uniquely serial numbered, which includes, but may not be limited to, the storage device, handset, and camera.

(h) Uniquely identify and record each time the vehicle is attempted to be started and/or started, the results of all tests, retests or failures as being a malfunction of the device or from the operator not meeting the requirements, how long the vehicle was operated, and any indication of bypassing or tampering with the ignition interlock device, or tests.

(i) Require a restricted operator to wait five minutes before attempting to start the vehicle a second or third time and 30 minutes prior to the fourth or subsequent attempts to initially start the vehicle when the initial start failure occurs.

(j) Require the operator of the vehicle to submit to a random retest within 10 minutes of starting the vehicle. A random retest must continue at variable intervals ranging from 10 to 45 minutes after the previous retest for the duration of the travel. If a bypass is recorded at start up, the random breath testing procedure will continue for the duration of travel.

(k) Be equipped with a method of immediately notifying law enforcement officers if a violation reset occurs from a random retest or the result of the retest is equal to or higher than the alcohol set point or any disconnection of the ignition interlock device control head for longer than one minute after vehicle start up. Acceptable forms of notification are repeated honking of the vehicle's horn or the use of an audible signaling device. Such notification may be disabled only by switching the engine off, or by the achievement of a retest with a result lower than the alcohol set point.

(l) Enter into violation reset when the restricted operator has:

(i) Recorded a random test failure;

(ii) Disconnected the control head after start up;

(iii) Failed to submit to a random retest;

(iv) Failed to have the ignition interlock device serviced within the time period described in this chapter.

(m) Enter into a lockout if a violation reset occurs unless the vehicle is serviced at a mobile or fixed site service center by a certified technician where it will be calibrated, downloaded and the wiring harness physically inspected within five days of when the violation reset occurred.

(n) When reasonably available, contain a digital image identification device as prescribed in RCW 43.43.395. The digital image device will not distract or impede the driver in any manner from safe and legal operation of the vehicle and will:

(i) Encode a digital or photographic image of the vehicle driver including the time, date and BrAC level of all breath attempts. All images and data for a 65 day use period must be stored in the device's memory to be downloaded and stored by the manufacturer for three years.

(ii) Capture a digital image or photograph of the driver:

(A) Within five seconds after starting the vehicle.

(B) Upon initial notification that a random retest is required.

(C) When a violation reset condition is initiated.

(D) Randomly at the discretion of the manufacturer.

(iii) Produce a digital image, identifiable verification or a photograph of the restricted driver in all lighting conditions; extreme brightness, darkness and low light conditions.

(2) The digital image identification device reference in subsection (1)(n) of this section and RCW 43.43.395 is considered reasonably available in the area of Washington state. The digital image identification device must be incorporated into:

(a) Any new ignition interlock device installation and any user in violation of RCW 46.20.720(4) by January 1, 2013.

(b) Any ignition interlock device issued to a user under a five or 10 year restriction by June 10, 2013.

(c) All ignition interlock devices by June 10, 2015.

(3) The manufacturer, vendor, ignition interlock technician or service center shall notify the originating court (if any) of such violation reset conditions within five days of servicing the ignition interlock device in a format acceptable to the originating court. The manufacturer, vendor or service center must provide notification to DOL and impaired driving section in an acceptable electronic format should DOL or impaired driving section promulgate rules requiring such notification of a violation reset condition.

(4) In addition to any other information required by DOL, the impaired driving section, or by an originating court, all reports to DOL, the impaired driving section or to an originating court concerning a particular ignition interlock device must include:

(a) The full name, address, and driver's license number of the restricted operator, lessee, and registered owner;

(b) The vehicle license registration number of the single vehicle in which the ignition interlock device was installed;

(c) The unique serial number of the ignition interlock device; and

(d) The toll free telephone number, and certification number of the installing service center and ignition interlock technician who installed and prepared the report for the ignition interlock device.

(5) As used this section, "initial start failure" means the failure of the vehicle to start following the introduction of a breath sample into an ignition interlock device when an operator is attempting to start a vehicle with a BrAC equal to or higher than the alcohol set point.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 22-01-068, § 204-50-110, filed 12/9/21, effective 1/9/22
• WSR 12-17-153, § 204-50-110, filed 8/22/12, effective 10/1/12
• WSR 10-24-074, § 204-50-110, filed 11/30/10, effective 1/1/11. Statutory Authority: RCW 46.37.005 and 46.04.215. WSR 09-18-073, § 204-50-110, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). WSR 05-17-065, § 204-50-110, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. WSR 99-01-156, § 204-50-110, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. WSR 88-01-020 (Order 87-05-ESR), § 204-50-110, filed 12/9/87.

Wash. Admin. Code § 204-50-120 Additional requirements.

(1) Notwithstanding other provisions of this chapter, each manufacturer of a certified ignition interlock device, either on its own or through a vendor approved to do so by the manufacturer shall:

(a) Guarantee repair or replacement of a defective ignition interlock device within the state of Washington within a maximum of forty-eight hours of receipt of a complaint or known failure of an ignition interlock device.

(b) Demonstrate to the satisfaction of impaired driving section, a service delivery plan under which any restricted operator may obtain installation and routine service of that manufacturer's ignition interlock device within a seventy-five mile radius of his or her place of residence.

(c) Receive written approval from impaired driving section and require mobile service ignition interlock technicians to sign an agreement to abide by all aspects of WAC 204-50-080 before mobile service centers may work outside of the umbrella of their overseeing fixed site service center(s) to provide service in rural counties of the state. Qualifying rural counties under the Washington state department of health guidelines include: Jefferson, Pacific, Wahkiakum, Klickitat, San Juan, Columbia, Garfield, Adams, Lincoln, Pend Oreille, Stevens, Ferry, and Okanogan counties.

(d) Provide written notification of any changes to a manufacturer's service center network to the impaired driving section within seven days of such change.

(e) Maintain a twenty-four hour, three hundred sixty-five days a year toll-free telephone number for lessees and/or restricted operators to call if they have problems with the ignition interlock device they have leased from the manufacturer, vendor or service center. Calls must either be answered by an ignition interlock technician qualified to service the manufacturer's ignition interlock devices, or the call must be returned by a qualified technician within thirty minutes of the original call.

(2) The manufacturer shall provide to the impaired driving section proof on or before the expiration date listed on the current valid insurance on file with the impaired driving section that the manufacturer has products liability insurance coverage with minimum liability limits of one million dollars per occurrence, and three million dollar aggregate. Liability covered must include, but not limited to: Defects in product design, materials, and workmanship during manufacture, calibration, installation, removal, and all completed operations. Such insurance must be provided by a company authorized to offer such coverage in the state, and such company must include the state of Washington as an additional insured, and must agree to notify the impaired driving section not less than thirty days before the expiration or termination of such coverage. Insurance coverage required in this subsection must be in addition to, and not considered a replacement for coverage required in subsection (3) of this section.

(3) A manufacturer or vendor approved by the manufacturer shall provide the impaired driving section proof on or before the expiration date listed on the current valid insurance on file with the impaired driving section that each and every service center has:

(a) Garage keepers liability insurance coverage with minimum liability limits of fifty thousand dollars. Liability covered must include, but not be limited to, damage to lessee's vehicle and personal property while in the care and/or custody of the service center.

(b) Operations insurance coverage with minimum liability limits of one million dollars per occurrence, and two million dollars aggregate. Liability covered must include, but not be limited to, defects in materials and workmanship during installation, removal, service, calibration, and monitoring.

(c) Insurance provided by a company authorized to offer such coverage in the state, and such company must include the state of Washington as an additional insured, and must agree to notify the impaired driving section not less than thirty days before expiration or termination of such coverage.

(d) Insurance coverage required in this subsection must be in addition to and not considered a replacement for other coverage required in this section.

(4) A vendor or service center shall notify the DOL in an acceptable format and if so requested by the originating court, notify the originating court, if any, of the removal of an ignition interlock device under any circumstances other than:

(a) Immediate ignition interlock device repair needs.

(b) Removal of the ignition interlock device in order to switch it to a replacement vehicle to be operated by the restricted operator. Report of such a vehicle switch including the license of the vehicle must be transmitted to the DOL, and the originating court within two business days of such a switch, if so requested by the originating court at the time of initial installation of the ignition interlock device. Report of such a vehicle switch must be transmitted to the DOL within two business days of such a switch, if so requested by the DOL. note: Whenever an ignition interlock device is removed for repair, and cannot be immediately reinstalled, a substitute ignition interlock device must be utilized. Under no circumstances will a manufacturer, service center or ignition interlock technician knowingly permit a restricted operator to drive a vehicle not equipped with a functioning ignition interlock device.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 12-17-153, § 204-50-120, filed 8/22/12, effective 10/1/12
• WSR 10-24-074, § 204-50-120, filed 11/30/10, effective 1/1/11. Statutory Authority: RCW 46.37.005 and 46.04.215. WSR 09-18-073, § 204-50-120, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). WSR 05-17-065, § 204-50-120, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. WSR 99-01-156, § 204-50-120, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. WSR 88-01-020 (Order 87-05-ESR), § 204-50-120, filed 12/9/87.

Wash. Admin. Code § 204-50-130 Requirements for removing an ignition interlock device.

(1) A manufacturer will determine a restricted operator's compliance of this section in accordance with RCW 46.20.720. A manufacturer may approve a vendor to determine a restricted operator’s compliance of this section in accordance with RCW 46.20.720 on a case-by-case basis.

(2) The manufacturer or its service center must return the vehicle in normal operating condition after it removes an ignition interlock device.

(3) An ignition interlock technician or service center can only remove an ignition interlock device for which they have been certified to service, unless an ignition interlock technician or service center has received approval from the impaired driving section allowing it to remove an ignition interlock device that it has not been certified to service.

(4) An ignition interlock device will be removed from the vehicle in which it is installed when a restricted driver or lessee becomes sixty days past due on their account. If the restricted driver does not appear for a removal appointment and makes no attempt to contact the manufacturer, the replacement cost of the ignition interlock device may be added to the lessee's account.

(5) A manufacturer or its service center shall provide any final report requested by the originating court, impaired driving section and/or requested by DOL to the requestor once the ignition interlock device has been removed from a restricted operator's vehicle(s).

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 12-17-153, § 204-50-130, filed 8/22/12, effective 10/1/12
• WSR 10-24-074, § 204-50-130, filed 11/30/10, effective 1/1/11. Statutory Authority: RCW 46.37.005 and 46.04.215. WSR 09-18-073, § 204-50-130, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). WSR 05-17-065, § 204-50-130, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. WSR 99-01-156, § 204-50-130, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. WSR 88-01-020 (Order 87-05-ESR), § 204-50-130, filed 12/9/87.

Wash. Admin. Code § 204-50-135 Fees.

(1) The impaired driving section will maintain a fee schedule in accordance with section 15, chapter 183, Laws of 2012. Fees outlined in this fee schedule will be:

(a) Collected and recorded by vendors, service centers, ignition interlock technicians and manufacturers.

(b) Submitted to the manufacturer within fifteen days of the end of the calendar month in which they were collected along with the record on a form provided by the patrol, if they are collected by vendors, service centers or ignition interlock technicians.

(c) Submitted electronically by the manufacturer to the patrol within thirty days of the end of the calendar month in which they were collected along with the record on a form provided by the patrol.

(2) Annual fees will be added to the record for the month in which the certification or renewal is due and paid to the patrol as outlined in subsection (1) of this section.

(3) The record provided to the manufacturer will include the type of fee collected, name or driver's license number of customer (if applicable), total amount paid, name and certification number of vendor, service center or ignition interlock technician who collected payment.

(4) The patrol may review financial records to ensure compliance with this chapter and may revoke or suspend a certification for nonpayment of fees and/or any financial discrepancies found.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 12-17-153, § 204-50-135, filed 8/22/12, effective 10/1/12.

Wash. Admin. Code § 204-50-140 Review of denial, suspension or revocation of certification.

(1) The chief or designee may deny, suspend, or revoke a letter of certification for an ignition interlock device, service center, or ignition interlock technician upon receiving evidence that any letter of certification holder has failed to comply or no longer complies with any requirement or provision of law or this chapter. The following process will be used:

(a) The chief or designee will give the applicant or certificate holder notice of the action and an opportunity to be heard as prescribed in chapter 34.05 RCW, prior to denial, suspension, or revocation of the letter of certification, except as provided in subsection (2) of this section.

(b) Upon receiving notice of the action, the applicant, or certificate holder may request an administrative hearing to contest the decision. A request for an administrative hearing must:

(i) Be made in writing and mailed to the Washington State Patrol Impaired Driving Section, 811 East Roanoke St., Seattle, WA 98102; and

(ii) Be received by the patrol's impaired driving section within twenty business days after the date of the notice of action.

(2) The chief or designee may, without prior notification, suspend a letter of certification for a device, service center, or ignition interlock technician if the chief or designee finds that there is danger to the public health, safety, or welfare that requires immediate action. For every summary suspension of a letter of certification, an order signed by the chief or designee must be entered in accordance with the provisions of RCW 34.05.479.

(3) Failure to request a hearing or failure to appear at a hearing, a prehearing conference, or any other stage of an adjudicative proceeding may constitute default and result in the entry of a final order under RCW 34.05.440.

(4) Administrative proceedings consistent with chapter 34.05 RCW for revocation or other action will be promptly instituted and determined. The chief or designee must give notice as practicable to the letter of certification holder.

(5) Unless the chief or designee finds the immediate revocation is necessary or unless the certificate holder timely requests a hearing as provided under this section, a decision to revoke or suspend will be effective thirty days from the date of the notice of action decision unless the chief or designee finds that immediate revocations is necessary.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 10-24-074, § 204-50-140, filed 11/30/10, effective 1/1/11.

Wash. Admin. Code § 204-50-150 Hearing procedure.

(1) Hearings under this chapter will be pursuant to chapters 34.05 RCW and 10-08 WAC as supplemented by this section.

(2) A presiding officer will conduct a hearing and any prehearing conference(s).

(3) The burden of proof in any hearing will be on the applicant seeking the letter of certification, or on the person or agency seeking the suspension or revocation of a letter of certification or other action by the chief or designee.

(4) Oral proceedings must be recorded by the method chosen by the chief or designee and such recording will become part of the hearing record.

(5) The following process applies to administrative hearings under this chapter:

(a) The patrol will notify the assistant attorney general of the petitioner's request for an administrative hearing.

(b) The assistant attorney general will draft an administrative complaint and send it to the petitioner and to the office of administrative hearings.

(c) The office of administrative hearings will schedule a hearing date, and will notify the petitioner, assistant attorney general, and patrol in writing of the hearing date, time, and location.

(d) The hearing will be conducted by an administrative law judge assigned by the office of administrative hearings.

(e) At the hearing, the assistant attorney general will present witnesses and other evidence on behalf of the patrol.

(f) At the hearing, the petitioner may be represented by an attorney or may choose to represent himself or herself. The petitioner or his/her attorney will be allowed to present witnesses and other evidence.

(g) Nothing in this section will prevent the parties from resolving the administrative matter by settlement agreement prior to conclusion of the administrative hearing.

(6) Initial and final order. At the conclusion of the hearing, the administrative law judge will prepare an initial order and send it to the petitioner and the assistant attorney general.

(a) Either the petitioner or the assistant attorney general, or both, may file a petition for review of the initial order with the patrol within twenty days of the date of service of the initial order. A petition for review must:

(i) Specify the portions of the initial order to which exception is taken;

(ii) Refer to the evidence of record which is relied upon to support the petition; and

(iii) Be filed with the patrol within twenty days of the date of service of the initial order.

(b) A party on whom a petition for review has been served may, within ten days of the date of service, file a reply to the petition. Copies of the reply must be mailed to all other parties or their representatives at the time the reply is filed.

(c) The administrative record, the initial order, and any exceptions filed by the parties will be submitted to the chief or his/her designee for review. Following this review, the chief or his/her designee will enter a final order that is appealable under the provisions of chapter 34.05 RCW.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 10-24-074, § 204-50-150, filed 11/30/10, effective 1/1/11.

Wash. Admin. Code § 204-50-160 Appeal.

Any person aggrieved by the decision of the chief or designee denying, suspending, or revoking a certification may appeal such decision to the superior court under the provisions of chapter 34.05 RCW.

History

• Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 10-24-074, § 204-50-160, filed 11/30/10, effective 1/1/11.

Chapter 204-53 Helmet exemption—Antique motor-driven cycle.

Wash. Admin. Code § 204-53-010 Helmet exemption—Antique motor-driven cycle.

As the term is used in RCW 46.37.530 (1)(c) and this section, an antique motor-driven cycle is a motor-driven cycle not less than forty years old which has been restored to its original condition and which is being ridden on a closed road during a parade or public demonstration that has been permitted by a local jurisdiction. Further, an antique motor-driven cycle will not be powered by a motor which produces more than five brake horsepower as defined in RCW 46.04.332.

History

• Statutory Authority: RCW 46.37.005. WSR 12-03-083, § 204-53-010, filed 1/13/12, effective 2/13/12. Statutory Authority: RCW 46.37.530(2). WSR 91-05-019 (Order 90-004), § 204-53-010, filed 2/11/91, effective 3/14/91.

Chapter 204-70 Standards for vehicle connecting devices and towing methods.

Wash. Admin. Code § 204-70-010 Promulgation.

By authority of RCW 46.37.005 and 46.37.320, the state patrol hereby adopts the following regulations pertaining to vehicle connecting devices and towing methods.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 14-17-101, § 204-70-010, filed 8/19/14, effective 9/19/14
• WSR 80-03-069 (Order 80-02-2-70), § 204-70-010, filed 2/28/80.

Wash. Admin. Code § 204-70-020 Purpose.

The purpose of this regulation is to provide this state with a uniform minimum requirement for motor vehicle connecting devices and towing methods. This regulation is not intended to cover the fifth wheel type of connecting device or towing method. Pintle hook type devices will also be excluded from this chapter, except that the safety chain requirements will apply.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 14-17-101, § 204-70-020, filed 8/19/14, effective 9/19/14
• WSR 80-03-069 (Order 80-02-2-70), § 204-70-020, filed 2/28/80.

Wash. Admin. Code § 204-70-030 Scope.

(1) The scope of this regulation is directed to the regulation of trailer hitches and towing devices, towing methods, testing methods, certification requirements, installation, compliance and other requirements as herein defined in these regulations used for drawing a trailer or semitrailer having a gross vehicle weight of 10,000 pounds or less upon the public highways of this state.

(2) This regulation is not for those arrangements used for drawing another vehicle by means of a tow truck, semitrailer with a fifth wheel type hitch, or wrecker unless coupled by ball and coupler.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 14-17-101, § 204-70-030, filed 8/19/14, effective 9/19/14
• WSR 80-03-069 (Order 80-02-2-70), § 204-70-030, filed 2/28/80.

Wash. Admin. Code § 204-70-040 Definitions.

(1) "Coupling" means that part of the primary connecting system normally mounted on the trailer, such as a socket, by which the connection is actually made and including the supporting attachment to the trailer frame.

(2) "Gross vehicle weight rating (GVWR)" means the value specified by the vehicle manufacturer as the loaded weight of a single vehicle.

(3) "Hitch," defined for specific uses under (a) and (b) of this subsection, means that part of the primary connecting system normally mounted on the towing vehicle, including a ball-support platform and those components which are attached to the towing vehicle.

(a) "Weight distributing hitch" means a mechanical device that connects the trailer to the towing vehicle, and by means of a leverage applied on both trailer and vehicle structures, when properly adjusted, distributes the imposed vertical load at the hitch and coupling connection between the structures of axles of towing vehicle and trailer.

(b) "Weight carrying hitch" means a mechanical and/or structural device that connects the trailer to the towing vehicle, and that does not employ features designed to redistribute the load imposed at the hitch and coupling connection.

(4) "Maximum gross trailer weight (MGTW)" means the weight of the trailer plus the weight of all cargo, consumables, and equipment loaded on the trailer when in an actual underway towing condition.

(5) "Maximum vertical load on hitch (tongue weight)" means the vertical downward static force exerted on the hitch by the coupling at the point of connection of coupling and hitch, with weight distribution features or devices, if any, deactivated. Tongue weight is measured at the trailer coupling, with the trailer on a level surface (detached from the hitch), and with trailer consumables and cargo in maximum loaded conditions.

(6) "Patrol" means Washington state patrol as defined in chapter 43.43 RCW.

(7) "Primary connecting system" means the combination of devices and their attaching structures that are normally utilized to maintain the connection between towing vehicle and trailer during towing operations. This includes, but is not limited to, the ball-and-socket type of connection or draft means. Note: This does not include a safety chain, which is part of a secondary system normally utilized only upon failure of the primary connection, nor does it include weight distributing or sway control features or devices whose function is accessory to the maintenance of the towing vehicle-trailer connection.

(8) "Safety chains" means flexible tension members connected from the front portion of the towed vehicle to the rear portion of the towing vehicle for the purpose of retaining connection between towed and towing vehicle in the event of failure of the connection provided by the primary connecting system. The term "safety chains" includes not only chains, cable, or wire ropes, or equivalent flexible member meeting the strength requirements of SAE J684 revised July 2005, but also any splice, clamp, socket, snap, eye, ring, thimble, pin, or other fastening device or forming method which is part of the assembly of any such flexible tension member.

(9) "Responsible manufacturer" means that person who manufactures a hitch or hitch component either for resale or for sale where it is not actually installed by the manufacturer.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 14-17-101, § 204-70-040, filed 8/19/14, effective 9/19/14
• WSR 80-03-069 (Order 80-02-2-70), § 204-70-040, filed 2/28/80.

Wash. Admin. Code § 204-70-050 Coupling classification and attachment.

(1) Couplings must be classified, tested, attached and labeled by the manufacturer in accordance with SAE J684 revised July 2005.

(2) Each coupling, regardless of classification or designation, must be:

(a) Equipped with a manually operated mechanism so adapted as to prevent disengagement of the unit while in operation.

(b) Designed so that the trailer can be disconnected from the towing vehicle regardless of the angle of the trailer to the towing vehicle.

(3) Each hitch ball must be equipped and installed with a lock washer or equivalent device, and each replacement hitch ball must be marketed with a lock washer or equivalent device with instructions as to proper installation provided by the responsible manufacturer.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 14-17-101, § 204-70-050, filed 8/19/14, effective 9/19/14
• WSR 80-03-069 (Order 80-02-2-70), § 204-70-050, filed 2/28/80.

Wash. Admin. Code § 204-70-060 Hitches.

(1) Hitches must be tested and labeled in accordance with SAE standard J684 revised July 2005 by its manufacturer to include the maximum gross trailer weight (MGTW) and the maximum vertical load on hitch (tongue weight) each is qualified to tow.

(2) The weight load carried by the hitch at its connection with the trailer coupling must not, when on a level surface, exceed the maximum tongue weight load recommended by the manufacturer for the hitch.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 14-17-101, § 204-70-060, filed 8/19/14, effective 9/19/14
• WSR 80-03-069 (Order 80-02-2-70), § 204-70-060, filed 2/28/80.

Wash. Admin. Code § 204-70-070 Safety chains and attaching means required.

(1) Every towed vehicle must be coupled to the towing vehicle by means of two safety chains, cables, or wire ropes in addition to the regular drawbar, tongue, or other connection which is certified by its manufacturer as complying with SAE J684 revised July 2005.

(2) The means of attachment of safety chains must:

(a) Be located equally distant from and on opposite sides of the longitudinal centerline of the towing vehicle and of the trailer.

(b) Not be common with or utilize fasteners common with a ball or coupling.

(3) No welding operation or repair, such as cold shuts, will be performed on a safety chain subsequent to its manufacture, including the direct welding of a safety chain link to the towed or towing vehicles.

(4) Safety chains must:

(a) Be so connected that the slack for each length of chain between trailer and towing vehicle is the same and is not more than necessary to permit the proper turning of the vehicles.

(b) Be crossed in such a manner as to prevent the tongue from dropping to the ground and to maintain connection in the event of failure of the primary connecting system. See Figure 1.

(c) Be replaced immediately if they contain cut, cracked, or excessively worn links, or frayed, stranded, or otherwise defective wire rope.

(d) Not be connected to the hitch ball or to a ball mount designed to be readily removable when not in use.

Figure 1 - Typical double safety chain installation.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 14-17-101, § 204-70-070, filed 8/19/14, effective 9/19/14
• WSR 80-03-069 (Order 80-02-2-70), § 204-70-070, filed 2/28/80.

Chapter 204-76 Standards for brake systems.

Wash. Admin. Code § 204-76-010 Promulgation.

By authority of RCW 46.37.005, the state patrol hereby adopts the following rules relating to brake systems.

History

• Statutory Authority: RCW 46.37.005. WSR 14-03-018, § 204-76-010, filed 1/7/14, effective 2/7/14
• WSR 80-10-006 (Order 80-07-01), § 204-76-010, filed 7/25/80.

Wash. Admin. Code § 204-76-020 Scope.

These rules apply only to brake systems on vehicles with a gross vehicle weight rating of 10,000 pounds or more.

History

• Statutory Authority: RCW 46.37.005. WSR 14-03-018, § 204-76-020, filed 1/7/14, effective 2/7/14
• WSR 80-10-006 (Order 80-07-01), § 204-76-020, filed 7/25/80.

Wash. Admin. Code § 204-76-030 Definitions.

(1) "Air brake hose" means any flexible hose used as an integral part of a service or auxiliary (emergency stopping) air brake system, where flexibility in a connection is mandatory due to vehicle design and includes the service and emergency air hoses between vehicles in a combination of vehicles.

(2) "Air brake reservoir" means a storage container for compressed air.

(3) "Air compressor" means a device which compresses air used for actuation of the brakes and/or other components of the vehicle.

(4) "Air gauge" means a gauge usually mounted on the instrument panel which indicates the air pressure in the air reservoir tanks, brake application pressure, or other air system pressures.

(5) "Air governor" means a regulator which controls the supply of air pressure for the brake system, generally by controlling the air compressor cut-in and cut-out pressure within a preset range.

(6) "Air over hydraulic brake system" means a hydraulic type brake system actuated by an air-powered master cylinder.

(7) "Air pressure protection valve" means a unit through which air flow is prevented except when a preselected input pressure is exceeded.

(8) "Brake" means an energy conversion mechanism used to retard, stop, or hold a vehicle.

(9) "Brake assembly" means an assembly of brake parts, the components of which are determined according to the type or design of the brake system.

(10) "Brake cam" means a cam mounted on the camshaft and located between the ends of the brakeshoes. When rotated by the brake camshaft, the cam expands the brake-shoes against the brakedrum.

(11) "Brake camshaft" means the camshaft which is held to the vehicle axle housing or backing plate by bosses containing bronze or nylon bushings. Air pressure is converted into mechanical force by the brake chamber which is attached by a push rod to the slack adjuster. The slack adjuster multiplies the force by the lever principle and applies the force to the brakeshoes.

(12) "Brake chamber or actuator" means a unit in which a diaphragm converts pressure to mechanical force for actuation of the brakes.

(13) "Brake cylinder" means a unit in which a piston converts pressure to mechanical force for actuation of the brakes.

(14) "Brake master cylinder" means the primary unit for displacing hydraulic fluid under pressure in the brake system.

(15) "Brake pedal" means a foot-operated lever which, when actuated, causes the brake(s) to be applied.

(16) "Brakeshoe" means a rigid half-moon shaped device with friction material affixed to the outer surface. The brakeshoes are generally mounted on a backing plate and are located inside the brakedrum. When expanded by the brake mechanism, the brakeshoes press the brake lining against the brakedrum, which creates friction to stop the rotation of the wheels, which in turn stops the vehicle.

(17) "Brakeshoe anchor pin" means a pin which holds the brakeshoe in its proper place within the brakedrum and serves as a pivot for the brakeshoes. One end of each brakeshoe is generally connected to the backing plate or spider by anchor pins.

(18) "Brake system" means a combination of one or more brakes and the related means of operation and control.

(19) "Brake wheel cylinder" means a unit for converting hydraulic fluid pressure to mechanical force for actuation of a brake.

(20) "Contamination" means any grease, oil, or brake fluid on the brake lining, pad friction surface, or braking surface of the brake drum or rotor.

(21) "Diaphragm" means a rubber partition placed between the two halves of the brake chamber. When air pressure is introduced into the chamber on one side of the diaphragm, the pressure flexes the diaphragm and exerts force on the pushplate attached to the push rod. The pushplate is held up against the diaphragm by a light duty return spring.

(22) "Disc brake" means a brake in which the friction forces act on the faces of a disc.

(23) "Disc brake caliper assembly" means the nonrotational components of a disc brake, including its actuating mechanism for development of friction forces at the disc.

(24) "Disc (rotor)" means the parallel-faced circular rotational member of a disc brake assembly acted upon by the friction material.

(25) "Drum" means the cylindrical rotational member of a drum brake assembly acted upon by the friction material.

(26) "Drum brake" means a brake in which the friction forces act on the cylindrical surfaces of the drum.

(27) "Foot valve" means a brake application and release valve located on the floor or firewall of the motor vehicle between the throttle and the clutch. It may be either a treadle or a pedal and is operated by foot pressure applied by the driver to apply air pressure to the service brake system. The valve may be either attached to the treadle or may be remotely mounted under the floor and connected to the pedal by means of a rod. This valve generally applies air pressure to all braking axles on all vehicles in the combination.

(28) "Hydraulic brake system" means a brake system in which brake operation and control utilizes hydraulic brake fluid.

(29) "Pedal reserve" means the amount of total pedal travel left in reserve when the brake pedal is depressed to the "brake applied" position.

(30) "Push rod" means the sliding rod projecting from a brake chamber and connected to the slack adjuster by which the force of compressed air in the brake chamber is transmitted to the brakeshoes through connecting linkage during a brake application.

(31) "Safety valve" means a pressure release unit used to protect the air system against excessive pressure.

(32) "Service brake system" means the primary brake system used for slowing and stopping a vehicle.

(33) "Slack" means the sum of all clearances in the braking system and total system elasticity.

(34) "Slack adjuster" means a lever attached to the brake camshaft and connected to the brake chamber push rod. The slack adjuster provides a means of adjusting the brakes to compensate for brake lining wear.

(35) "Straight air brake system" means a mechanical type brake system actuated by air pressure in brake cylinders or brake chambers.

(36) "Supply air" means the air that is under pressure in the air supply system of a vehicle. It consists of those lines or tanks, except protected air tanks, which are under pressure when the system is fully charged and when all valves are in the normal position with the brakes unapplied.

(37) "Vacuum assisted hydraulic brake system" means a hydraulic type brake system which utilizes vacuum to assist the driver's effort to apply the brakes.

(38) "Vacuum brake reservoir" means a storage container for vacuum.

(39) "Wedge brake" means a wheel brake which uses air or hydraulic pressure to force wedges instead of cams between the brakeshoes to apply the shoes against the brakedrums. In air applied wedge brake systems, the brake actuator axis is parallel to the axle and pushes directly on the wedge in this direction instead of being mounted at right angles to push a slack adjuster and rotate a cam as in the conventional type of air brake system.

History

• Statutory Authority: RCW 46.37.005. WSR 14-03-018, § 204-76-030, filed 1/7/14, effective 2/7/14
• WSR 83-21-080 (Order 83-10-01), § 204-76-030, filed 10/19/83
• WSR 80-10-006 (Order 80-07-01), § 204-76-030, filed 7/25/80.

Wash. Admin. Code § 204-76-040 Straight air brakes.

Straight air brake systems are subject to the following requirements and limitations:

(1) Supply system.

(a) The air compressor for a straight air brake system must cut in at not less than 85 pounds per square inch and must cut out at not more than 130 pounds per square inch.

(b) Air compressor buildup time must not be more than two minutes to increase the air pressure from 60 pounds per square inch to 90 pounds per square inch. Engine speed will not exceed 1500 RPM to meet this requirement.

(c) Air loss from the air system must not exceed:

(i) 3 pounds per square inch per minute for a single vehicle.

(ii) 4 pounds per square inch per minute for a two vehicle combination.

(iii) 5 pounds per square inch per minute for a three or more vehicle combination. Air losses will be measured by the air gauge in the vehicle.

(d) The air system must contain no more than one quart of contaminants. Water and oil must be considered contaminants.

(2) Brake assembly.

(a) Adjustment of all brakes must comply with the manufacturer's recommended specifications as set forth in WAC 204-76-99001, 204-76-99002, 204-76-99003, and 204-76-99004.

(b) Brake system components must meet all the requirements of RCW 46.37.360.

(i) Brake hoses and their attachments must:

(A) Meet the requirements of RCW 46.37.360; and

(B) Comply with Part 393.45 of Title 49 C.F.R.

(ii) Brake hose splices must consist of only those unions specifically manufactured for that purpose and be properly installed.

(iii) Brakedrums will not be cracked or broken to the extent that such crack or break appears on the outside of the drum.

(iv) Brake lining, pad friction surface, or braking surface of the brake drum or rotor must not be contaminated with grease, oil, or brake fluid.

History

• Statutory Authority: RCW 46.37.005. WSR 14-03-018, § 204-76-040, filed 1/7/14, effective 2/7/14
• WSR 83-21-080 (Order 83-10-01), § 204-76-040, filed 10/19/83
• WSR 80-10-006 (Order 80-07-01), § 204-76-040, filed 7/25/80.

Wash. Admin. Code § 204-76-050 Air over hydraulic brakes.

Air over hydraulic brake systems are subject to the following requirements and limitations:

(1) Supply system.

(a) The air compressor for an air over hydraulic brake system must cut in at not less than 85 pounds per square inch and must cut out at not more than 105 pounds per square inch.

(b) Air compressor buildup time must not be more than one minute to increase the air pressure from 60 pounds per square inch to 90 pounds per square inch. Engine speed will not exceed 1500 RPM to meet this requirement.

(c) Air loss from the air system must not exceed:

(i) 3 pounds per square inch per minute for a single vehicle.

(ii) 4 pounds per square inch per minute for a two vehicle combination.

(iii) 5 pounds per square inch per minute for a three or more vehicle combination. Air losses will be measured by the air gauge in the vehicle.

(d) The air system must contain no more than one quart of contaminants. Water and oil must be considered contaminants.

(e) Hydraulic fluid must be maintained in excess of 50 percent of the brake master cylinder capacity.

(2) Brake assembly.

(a) Adjustment of all brakes must comply with the manufacturer's recommended specifications.

(b) Brake system components must meet all the requirements of RCW 46.37.360, and brake drums will not be cracked or broken to the extent that such crack or break appears on the outside of the drum.

(c) Brake lining, pad friction surface, or braking surface of the brake drum or rotor must not be contaminated with grease, oil, or brake fluid.

History

• Statutory Authority: RCW 46.37.005. WSR 14-03-018, § 204-76-050, filed 1/7/14, effective 2/7/14
• WSR 83-21-080 (Order 83-10-01), § 204-76-050, filed 10/19/83
• WSR 80-10-006 (Order 80-07-01), § 204-76-050, filed 7/25/80.

Wash. Admin. Code § 204-76-060 Vacuum assisted hydraulic brakes.

Vacuum assisted hydraulic brake systems are subject to the following requirements and limitations:

(1) Supply system.

(a) When equipped with a protected vacuum reservoir, there must be no more than three inches drop in vacuum in one minute after turning off the engine.

(b) When not equipped with a protected vacuum reservoir, a slight drop of the brake pedal should be felt after starting the engine when moderate pressure is applied to the pedal. If a slight drop of the pedal does not occur, the vacuum system must be deemed to be defective.

(c) Hydraulic fluid must be maintained in excess of 50 percent of the brake master cylinder capacity.

(d) The hydraulic portion of the system must pass the following test procedures:

(i) With the engine off, a hard brake pedal application must be made.

(ii) Pedal pressure must be reduced but not released.

(iii) Pedal pressure must be gradually reapplied and pedal reserve must be checked.

(iv) No pedal reserve drop should occur. Any such drop in pedal reserve must cause the system to be deemed defective.

(2) Brake assembly.

(a) Adjustment of all brakes must comply with the manufacturer's recommended specifications.

(b) Brake system components must meet all the requirements of RCW 46.37.360, and brake drums will not be cracked or broken to the extent that such crack or break appears on the outside of the drum.

(c) Brake lining, pad friction surface, or braking surface of the brake drum or rotor must not be contaminated with grease, oil, or brake fluid.

History

• Statutory Authority: RCW 46.37.005. WSR 14-03-018, § 204-76-060, filed 1/7/14, effective 2/7/14
• WSR 83-21-080 (Order 83-10-01), § 204-76-060, filed 10/19/83
• WSR 80-10-006 (Order 80-07-01), § 204-76-060, filed 7/25/80.

Wash. Admin. Code § 204-76-070 Hydraulic brakes.

Hydraulic brake systems are subject to the following requirements and limitations:

(1) Supply system.

(a) Hydraulic fluid must be maintained in excess of 50 percent of the brake master cylinder capacity.

(b) The hydraulic system must pass the following test procedures:

(i) With the engine off, a hard brake pedal application must be made.

(ii) Pedal pressure must be reduced but not released.

(iii) Pedal pressure must be gradually reapplied and pedal reserve must be checked.

(iv) No pedal reserve drop should occur. Any such drop in pedal reserve must cause the system to be deemed defective.

(2) Brake assembly.

(a) Adjustment of all brakes must comply with the manufacturer's recommended specifications.

(b) Brake system components must meet all the requirements of RCW 46.37.360, and brake drums will not be cracked or broken to the extent that such crack or break appears on the outside of the drum.

(c) Brake lining, pad friction surface, or braking surface of the brake drum or rotor must not be contaminated with grease, oil, or brake fluid.

History

• Statutory Authority: RCW 46.37.005. WSR 14-03-018, § 204-76-070, filed 1/7/14, effective 2/7/14
• WSR 83-21-080 (Order 83-10-01), § 204-76-070, filed 10/19/83
• WSR 80-10-006 (Order 80-07-01), § 204-76-070, filed 7/25/80.

Wash. Admin. Code § 204-76-99001 Bolt type brake chamber data.

History

• Statutory Authority: RCW 46.37.005. WSR 14-03-018, § 204-76-99001, filed 1/7/14, effective 2/7/14
• WSR 89-12-019 (Order 89-03-ESR), § 204-76-99001, filed 5/30/89
• WSR 88-01-018 (Order 87-04-ESR), § 204-76-99001, filed 12/8/87
• WSR 80-10-006 (Order 80-07-01), § 204-76-99001, filed 7/25/80.

Wash. Admin. Code § 204-76-99002 Clamp type brake chamber data.

History

• Statutory Authority: RCW 46.37.005. WSR 14-03-018, § 204-76-99002, filed 1/7/14, effective 2/7/14
• WSR 89-12-019 (Order 89-03-ESR), § 204-76-99002, filed 5/30/89
• WSR 88-01-018 (Order 87-04-ESR), § 204-76-99002, filed 12/8/87
• WSR 80-10-006 (Order 80-07-01), § 204-76-99002, filed 7/25/80.

Wash. Admin. Code § 204-76-99003 Push rod force vs. travel.

The following chart outlines push rod force vs. travel:

History

• Statutory Authority: RCW 46.37.005. WSR 14-03-018, § 204-76-99003, filed 1/7/14, effective 2/7/14
• WSR 80-10-006 (Order 80-07-01), § 204-76-99003, filed 7/25/80.

Wash. Admin. Code § 204-76-99004 Relationship of push rod and slack adjuster angle to brake force.

The following diagram shows the relationship of push rod and slack adjuster angle to brake force:

History

• Statutory Authority: RCW 46.37.005. WSR 14-03-018, § 204-76-99004, filed 1/7/14, effective 2/7/14
• WSR 80-10-006 (Order 80-07-01), § 204-76-99004, filed 7/25/80.

Wash. Admin. Code § 204-76-99005 Air operated wedge brake adjustment.

Wedge brake shoe travel must not exceed 1/16 inch, nor shall the gap between the brake shoe lining and the brake drum exceed .06225 inch when the brake is released.

History

• Statutory Authority: RCW 46.37.005. WSR 14-03-018, § 204-76-99005, filed 1/7/14, effective 2/7/14
• WSR 88-01-018 (Order 87-04-ESR), § 204-76-99005, filed 12/8/87.

Chapter 204-91A Towing businesses.

Wash. Admin. Code § 204-91A-010 Authority.

This chapter is adopted pursuant to RCW 46.37.005, 46.55.050, and 46.55.115.

History

• Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 09-09-118, § 204-91A-010, filed 4/21/09, effective 5/22/09
• WSR 02-07-056, § 204-91A-010, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.37.005 and 46.55.050. WSR 94-18-083, § 204-91A-010, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-010, filed 6/23/89.

Wash. Admin. Code § 204-91A-020 Purpose.

This chapter is intended to implement the public policy expressed by the legislature and to carry out the statutory duties of the Washington state patrol.

All registered tow truck operators providing service as a result of being appointed by, or contracted to the Washington state patrol must conduct all operations in accordance with all applicable laws of the state of Washington and applicable rules of the Washington state patrol and the department of licensing.

History

• Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 09-09-118, § 204-91A-020, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-020, filed 6/23/89.

Wash. Admin. Code § 204-91A-030 Definitions.

The following definitions will apply throughout this chapter:

(1) "Chief" means the chief of the Washington state patrol.

(2) "Department" means the Washington state department of licensing.

(3) "Designee" means a person designated by the chief of the Washington state patrol.

(4) "Director" means the director of the department of licensing.

(5) "District commander" means the commanding officer or designee of a geographical area established by the Washington state patrol.

(6) "Emergent move" or "emergent movement" means a law enforcement directed movement of any vehicle by a tow truck, utilizing any safe means, for the purposes of clearing the roadway in the interest of safety and/or for the reduction of congestion.

(7) "Highway" has the same meaning as provided in chapter 46.04 RCW.

(8) "Initial tow" means services provided including, but not limited to, collisions, incidents, disableds, and impound requests, as a result of an original call, on a particular vehicle, that the tow operator receives from the patrol using a copy of a current rotational call list for the particular zone.

(9) "Inspection certificate" means an inspection report and a tow inspection summary report completed by an inspector.

(10) "Inspector" means a commissioned officer of the Washington state patrol who has been designated as a tow truck inspector by the patrol.

(11) "Letter of appointment" means a document issued by the Washington state patrol and signed by the patrol and registered tow truck operator that authorizes the tow operator to tow and store vehicles for the patrol on a rotational or contractual basis in a specified area. The letter of appointment contains a rotational tow rate cap agreement that specifies the maximum tow rates that may be charged for services provided as a result of patrol originated calls.

(12) "Owner/operator" means an owner of a towing business who is active in the general management of the business.

(13) "Patrol" means the Washington state patrol as defined in RCW 43.43.010.

(14) "Place of business" means a building located in an assigned tow zone that the registered tow truck operator occupies, either continuously or at regular times, where tow business books and records are kept and tow business is transacted.

(15) "Registered tow truck operator" or "tow operator" means a person who engages in the impounding, transporting, or storage of unauthorized vehicles, or in the disposal of abandoned vehicles.

(16) "Secondary tow" means towing services from a tow operator's storage facility or place of business to another location designated by the owner/agent of a vehicle, when the initial towing services were the result of a call from the patrol.

(17) "Section" means the section designated by the chief of the Washington state patrol to coordinate the tow truck inspection program, maintain tow truck files, and issue letters of appointment.

(18) "Section commander" means the commanding officer or designee of the section.

(19) "Special event" means any event that causes an unusually large number of impounded vehicles and/or tow calls in a short period of time and which is declared as such by the district commander or designee.

(20) "Special event storage area" means an area used for temporarily storing vehicles impounded/towed from special events. Approval for such areas must be obtained from the department, the patrol, and appropriate city and county jurisdictions.

(21) "State recognized holiday" means a legal holiday as outlined under RCW 1.16.050.

(22) "Storage area" means the approved yard and buildings (primary and secondary) where stored vehicles are kept. The storage areas and fencing must comply with the requirements established by the department and local zoning rules and regulations. Both primary and secondary storage areas must be physically located within the tow zone assigned to the tow operator under a letter of appointment.

(23) "Tow truck" has the same meaning as provided in RCW 46.55.010.

(24) "Tow truck number" has the same meaning as provided in RCW 46.55.010.

(25) "Tow truck permit" has the same meaning as provided in RCW 46.55.010.

(26) "Tow truck service" means the towing, moving, transporting, or impounding of vehicles, together with personal effects and cargo, by a registered tow truck operator utilizing equipment approved by the patrol.

(27) "Tow zone" means that specific geographical area designated by the district commander for the removal of vehicles as defined in Title 46 RCW and this chapter.

History

• Statutory Authority: RCW 46.55.115. WSR 17-10-029, § 204-91A-030, filed 4/26/17, effective 5/27/17. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 09-09-118, § 204-91A-030, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005. WSR 04-20-021, § 204-91A-030, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 02-07-056, § 204-91A-030, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.37.005 and 46.55.050. WSR 94-18-083, § 204-91A-030, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.61.567. WSR 89-21-044, § 204-91A-030, filed 10/13/89, effective 11/13/89. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-030, filed 6/23/89.

Wash. Admin. Code § 204-91A-035 Registered tow truck application process.

(1) A tow company must apply through the patrol to be a registered tow operator in Washington state.

Once an application is received, the patrol must conduct an initial inspection of the applicant's place of business, facilities, and equipment.

(2) At the time of initial inspection:

(a) The applicant must:

(i) Provide written verification that the business complies with all applicable local laws and regulations in the geographical area where the towing business will be established.

(ii) If local zoning regulations apply, provide a copy of the certification of approval from the local zoning commission. This certificate will become a part of the permanent record maintained on each approved towing firm approved by the patrol.

(b) The inspector will:

(i) Verify the identities and status of driving privileges for all persons who operate tow trucks, and notify the applicant of any person who does not meet the minimum licensing requirements.

(ii) Determine if the applicant meets the applicable requirements of chapter 46.55 RCW, or Titles 308 or 204 WAC.

(A) If applicant meets the requirements, the inspector will provide certification.

(B) If the applicant does not meet the requirements, the inspector must state the reasons for failure to qualify in a separate report which must be returned to the applicant along with the application and inspection form. If the applicant is initially not certified, the applicant may request an additional inspection once all deficiencies are corrected.

History

• Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 09-09-118, § 204-91A-035, filed 4/21/09, effective 5/22/09.

Wash. Admin. Code § 204-91A-040 Inspections.

(1) When will an inspection be conducted?

(a) After the initial inspection, inspections will be conducted at least once a year.

(b) Unscheduled inspections may be conducted without notice at the operator's place of business by an inspector to determine the fitness of tow trucks, facilities, and business records.

(2) What will the inspection consist of? At the time of inspection:

(a) The operator must:

(i) Provide copies of tow business records by either:

(A) Permitting the patrol to make copies at their place of business.

(B) Permitting the patrol to remove tow business records for the purpose of reproduction provided that the patrol issues a receipt for any original records removed from the place of business.

(ii) Allow the inspectors to reinspect previously approved vehicles for equipment defects.

(iii) Provide current driver information to the inspector.

(b) The inspector must:

(i) Determine if the operator meets the applicable requirements of chapter 46.55 RCW, chapters 204-91A and 308-61 WAC.

(ii) Verify the identities and status of driving privilege of all persons that operate tow trucks, and notify the operator if any person does not meet the minimum license requirements.

(iii) Determine if there are equipment defects on the vehicle(s):

(A) The inspector will conduct equipment inspections per Commercial Vehicle Safety Alliance (CVSA) criteria as outlined in the Federal Motor Carrier Safety Regulations, chapters 204-91A WAC and 46.37 RCW.

(B) The inspector must document the inspection on the Uniform Driver/Vehicle Inspection report utilizing the appropriate Code of Federal Regulations, chapters 46.37 RCW and 204-91A WAC.

(C) If safety-related equipment violations exist which would render the tow truck unsafe for tow operation or constitute a safety hazard upon the public highway, the inspector will place the vehicle out-of-service and notify the operator the vehicle may not be operated until compliance has been met. The operator must repair the violation immediately and certify compliance in writing within fifteen days or remove the vehicle from tow operation.

(D) If violations of equipment or other required items exist, the inspector will notify the operator of the violation(s), and note the violations on the inspection report. The operator must correct the violations and certify compliance in writing within fifteen days.

(c) Whenever practical the patrol will complete a reinspection within three days or as soon as possible after the operator advises the patrol. The patrol may:

(i) Choose to reinspect the vehicle, if it is placed out-of-service.

(ii) Require the operator to bring the truck to the inspector.

(iii) Appoint another patrol officer to reinspect the vehicle(s), if the original inspector is not available. Such appointment must be made by the appropriate patrol supervisor.

History

• Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 09-09-118, § 204-91A-040, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005 and 46.55.115. WSR 07-02-025A, § 204-91A-040, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 46.37.005. WSR 04-20-021, § 204-91A-040, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005 and 46.55.050. WSR 94-18-083, § 204-91A-040, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-040, filed 6/23/89.

Wash. Admin. Code § 204-91A-050 Adding or removing employees or vehicles.

(1) If an operator becomes aware that the driving privileges of any tow truck driver no longer meet the minimum licensing requirements, the operator must prohibit that person from operating any tow truck.

(2) If an operator employs a new driver or employee who will be involved in vehicle auctions or daily operations under a letter of appointment as defined in WAC 204-91A-060:

(a) The operator must notify the inspector in writing within three days of employing the new driver or employee using the form provided by the inspector. Until the inspector approves the new driver or employee, the new driver or employee must be:

(i) In the immediate presence of a driver or employee already approved by the patrol while operating a tow truck, assisting in vehicle auctions, or preforming daily operations under a letter of appointment;

(ii) Trained by a driver or employee with experience in the same job functions, if reasonably possible.

(b) The inspector will notify the operator, in a timely manner, normally ten business days, if the new employee does not meet the minimum licensing requirements, or the requirements established by chapter 204-91A WAC.

(c) The operator must not use the check performed by the inspector as part of the preemployment screening processes for a new employee.

(3) Vehicles:

(a) If a tow truck is sold or transferred from the business, within three days, the operator must:

(i) Advise the inspector.

(ii) Send the issued cab card permit to the inspector via U.S. mail or another method agreed upon by the parties.

(iii) Remove any decals indicating truck class, company name, district, and tow zone. Once notification is made, the inspector will notify the department and the patrol.

(b) If a tow truck is purchased or acquired, the operator must immediately notify the patrol and request an inspection. The patrol must complete an inspection and issue either a cab card permit, or decal or both before the new tow truck is used for impound calls.

(c) Tow trucks newly acquired or purchased must meet the current equipment criteria listed in chapter 204-91A WAC.

History

• Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 14-17-104, § 204-91A-050, filed 8/19/14, effective 9/19/14
• WSR 09-09-118, § 204-91A-050, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005. WSR 04-20-021, § 204-91A-050, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-050, filed 6/23/89.

Wash. Admin. Code § 204-91A-060 Application and qualifications for letter of appointment.

(1) An application must be approved and a letter of appointment issued by the patrol before an operator is authorized to provide towing services for the patrol pursuant to this chapter. However, nothing herein prohibits the patrol from calling a towing business upon the specific request of a person responsible for a vehicle or his/her agent.

(2) An application for letter of appointment must be completed by:

(3) To be issued a letter of appointment, the applicant(s) must:

(a) Complete the application form provided by the patrol; and

(b) Attach to the application a signed "letter of contractual agreement" listing the maximum tow rates to be charged for services resulting from state patrol originated calls; and

(c) Satisfy the requirements contained in WAC 204-91A-070; and

(d) Demonstrate through a letter included with the application that they have at least two years of experience within the towing industry, or be granted a waiver if the owner/operator does not have the required two years experience.

(i) The two years of experience must have been acquired within five years of the date of application. The two years of experience may be satisfied by demonstrating any of the following:

(A) He or she has been a registered tow truck operator for a minimum of two years prior to the date of application with at least one approved "A" or "B" class tow truck, additional trucks are optional, and has a working knowledge of the paperwork requirements for impounds; or

(B) He or she has worked as an employee of a tow company on the state patrol's rotational tow list and gained experience within the towing industry including, but not limited to, the operation of vehicles, complying with the state and federal standards and regulations, and processing of paperwork for auditing and other purposes; or

(C) He or she will keep in place the existing management team/employees for a minimum of one year upon purchasing the business.

(ii) If the owner/operator does not have the required two years experience, the owner/operator may be granted a waiver of this requirement. If the owner/operator is granted a waiver, the letter of appointment may be granted on a probationary basis for a period of one year from the date of the waiver.

(4) Upon receipt by the patrol of a completed application:

(a) The district office must:

(i) Complete the tow zone portion of the application form. The district commander or designee will enter "approved" or "disapproved" next to the zone designation and sign the application form; and

(ii) Forward the application form to the section.

(b) The section will review the application form to ensure the applicant(s) meet all the requirements as outlined under subsections (5) through (9) of this section. If the application is denied, a letter will be sent to the applicant(s) from the section articulating the reasons for the denial. If the application is approved it will be assigned a docket number which will be its permanent identification number for all matters relating to the application and letter of appointment.

(5) The patrol will refuse to issue or may revoke a letter of appointment or contract if the applicant, partner, corporate officer involved in daily operations, or any employee who operates a tow truck, assists in vehicle auctions, or is involved in daily operations:

(a) Has been convicted of any of the following:

(i) Any class A felony or any "sex offense" as defined in RCW 9.94A.030, regardless of the date of conviction; or

(ii) Any class B felony within the last ten years; or

(iii) Any class C felony within the last five years; or

(iv) A DUI, as defined in chapter 46.61 RCW, two or more times within the last five years; or

(v) Any gross misdemeanor listed in this subsection within the last three years:

(A) Any attempt, conspiracy or solicitation to commit a class C felony as defined in RCW 9A.28.020, 9A.28.030, and 9A.28.040;

(B) Any crime with a finding of domestic violence as defined in RCW 9.94A.030 and 10.99.020;

(C) Assault in the fourth degree as defined in RCW 9A.36.041;

(D) Reckless endangerment as defined in RCW 9A.36.050;

(E) Coercion as defined in RCW 9A.36.070;

(F) Interfering with reporting of domestic violence as defined in RCW 9A.36.150;

(G) Aiming or discharging firearm, dangerous weapon as defined in RCW 9.41.230;

(H) Dangerous weapon as defined in RCW 9.41.250;

(I) Unlawful carrying or handling weapon apparently capable of producing bodily harm as defined in RCW 9.41.270;

(J) Possessing dangerous weapon on school facilities as defined in RCW 9.41.280;

(K) Failure to register as felony firearm offender as defined in RCW 9.41.335;

(L) Any crime with a finding of sexual motivation as defined in RCW 9.94A.030;

(M) Failure to report depictions of minor engaged in sexually explicit conduct as defined in RCW 9.68A.080;

(N) Communication with minor for immoral purposes as defined in RCW 9.68A.090;

(O) Permitting commercial sexual abuse of a minor as defined in RCW 9.68A.103;

(P) Sexual misconduct with a minor in the second degree as defined in RCW 9A.44.096;

(Q) Voyeurism as defined in RCW 9A.44.115;

(R) Failure to register as sex offender or kidnapping offender as defined in RCW 9A.44.132;

(S) Custodial sexual misconduct in the second degree as defined in RCW 9A.44.170;

(T) Indecent exposure as defined in RCW 9A.88.010;

(U) Vehicle prowling in the second degree as defined in RCW 9A.52.100;

(V) Making or having burglar tools as defined in RCW 9A.52.060;

(W) Criminal trespass in the first degree as defined in RCW 9A.52.070;

(X) Theft in the third degree as defined in RCW 9A.56.050;

(Y) Making or possessing motor vehicle theft tools as defined in RCW 9A.56.063;

(Z) Theft of rental, leased, lease-purchased, or loaned property as defined in RCW 9A.56.096;

(AA) Possessing stolen property in the third degree as defined in RCW 9A.56.170;

(BB) Obscuring the identity of a machine as defined in RCW 9A.56.180;

(CC) Criminal impersonation in the second degree as defined in RCW 9A.60.045;

(DD) Unlawful issuance of checks or drafts as defined in RCW 9A.56.060;

(EE) Unlawful sale of food stamps as defined in RCW 9.91.140;

(FF) Trafficking in food stamps as defined in RCW 9.91.142;

(GG) Theft of motor vehicle fuel as defined in RCW 46.61.740;

(HH) Driving under the influence as defined in RCW 46.61.502;

(II) Physical control of a vehicle while under the influence as defined in RCW 46.61.504;

(JJ) Reckless driving as defined in RCW 46.61.500;

(KK) Reckless endangerment of roadway workers as defined in RCW 46.61.527;

(LL) Hit and run attended as defined in RCW 46.52.020;

(MM) Operating railroad, steamboat, vehicle while intoxicated as defined in RCW 9.91.020;

(NN) Operation of vessel under the influence as defined in RCW 79A.60.040;

(OO) Obstructing a law enforcement officer as defined in RCW 9A.76.020;

(PP) Stalking as defined in RCW 9A.46.110;

(QQ) Harassment as defined in RCW 9A.46.020;

(RR) Violation of antiharassment order as defined in RCW 9A.46.040;

(SS) Violation of order restricting contact as defined in RCW 9A.46.080;

(TT) Escape in the third degree as defined in RCW 9A.76.130;

(UU) Rendering criminal assistance in the first degree as defined in RCW 9A.76.070;

(VV) Malicious mischief in the third degree as defined in RCW 9A.48.090;

(WW) Making a false or misleading statement to a public servant as defined in RCW 9A.76.175;

(XX) False reporting as defined in RCW 9A.84.040;

(YY) False swearing as defined in RCW 9A.72.040;

(ZZ) Criminal mistreatment in the third degree as defined in RCW 9A.42.035;

(AAA) Abandonment of a dependent person in the third degree as defined in RCW 9A.42.080;

(BBB) Violation of a court order as defined in RCW 26.50.110;

(CCC) Jury tampering as defined in RCW 9A.72.140;

(DDD) Tampering with physical evidence as defined in RCW 9A.72.150;

(EEE) Animal cruelty in the second degree as defined in RCW 16.52.207;

(FFF) Reckless burning in the second degree as defined in RCW 9A.48.050;

(GGG) Any comparable out-of-state, federal or municipal crimes.

(vi) Any misdemeanor listed in this subsection within the last year or:

(A) Any crime with a finding of domestic violence as defined in RCW 9.94A.030 and 10.99.020;

(B) Alteration of identifying marks on a firearm as defined in RCW 9.41.140;

(C) Any crime with a finding of sexual motivation as defined in RCW 9.94A.030;

(D) Indecent exposure as defined in RCW 9A.88.010;

(E) Permitting prostitution as defined in RCW 9A.88.090;

(F) Patronizing a prostitute as defined in RCW 9A.88.110;

(G) Criminal trespass in the second degree as defined in RCW 9A.52.080;

(H) Unlawful sale of food stamps as defined in RCW 9.91.140;

(I) Driver under twenty-one consuming alcohol or marijuana as defined in RCW 46.61.503;

(J) Hit and run unattended as defined in RCW 46.52.010;

(K) Negligent driving in the first degree as defined in RCW 46.61.5249;

(L) Escape in the third degree as defined in RCW 9A.76.130;

(M) Rendering criminal assistance in the second degree as defined in RCW 9A.76.080;

(N) Rendering criminal assistance in the third degree as defined in RCW 9A.76.090;

(O) Criminal mistreatment in the fourth degree as defined in RCW 9A.42.037;

(P) Leaving a child in the care of a sex offender as defined in RCW 9A.42.110;

(Q) Violation of temporary restraining order relating to child abuse as defined in RCW 26.44.063;

(R) Violation of temporary restraining order restricting visitation as defined in RCW 26.44.150;

(S) Refusing to summon aid for a peace officer as defined in RCW 9A.76.030;

(T) Resisting arrest as defined in RCW 9A.76.040;

(U) Bail jumping as defined in RCW 9A.76.170;

(V) Disorderly conduct as defined in RCW 9A.84.030; and

(W) Any comparable out-of-state, federal or municipal crimes.

(b) Must register as a sex offender or kidnapping offender; or

(c) Has been granted a deferred prosecution under chapter 10.05 RCW for any gross misdemeanor within the last three years.

(6) The patrol may refuse to issue or may revoke a letter of appointment or contract if the applicant, partner, corporate officer involved in daily operations, or any employee who operates a tow truck, assists in vehicle auctions, or is involved in daily operations:

(a) Has been convicted of any misdemeanor within the last year; or

(b) Has been granted a deferred prosecution under chapter 10.05 RCW for any misdemeanor within the last year.

(7) The patrol may refuse to issue or may revoke a letter of appointment or contract if any applicant, partner or corporate officer involved in daily operations, or any employee who operates a tow truck or assists in vehicle auctions:

(a) Has demonstrated a willful disregard for complying with ordinances, statutes, administrative rules or court orders, whether at the local, state or federal level; or

(b) Fails to demonstrate character and general fitness sufficient to command the confidence of the patrol and warrant a belief that the business will be operated honestly, fairly and efficiently in the conduct of towing, impound, and vehicle auction activities. In determining character and general fitness, the patrol may consider:

(i) Prior contacts with law enforcement; and

(ii) Criminal record; and

(iii) Reputation in the community; and

(iv) Associations.

(8) A misrepresentation of fact found to have been made by an applicant during the application process or by a letter of appointment holder shall be deemed a lack of good faith and shall constitute good and sufficient cause for the denial of an application or the revocation or suspension of the letter of appointment.

(9) Only one application per year to tow on the patrol's rotational tow list will be accepted and considered for an applicant who has had their previous application denied or had their letter or contract of appointment revoked. The year will run from the date of application denial or the date of revocation of the letter of appointment.

(10) The term "conviction" as used in this section will have the same meaning as used in RCW 9.94A.030.

(11) Crimes referenced in this section are as defined in the criminal code as they existed at the time of the violation, as they now exist or may later be amended in the state of Washington. Out-of-state convictions for offenses will be classified according to the comparable offense definitions and sentences provided by Washington law.

(12) An individual may request to review their record using the form outlined in WAC 446-20-400. The request must be made by the person whose record is sought. When requested by the patrol, other documentation to prove identification must be provided prior to viewing the record. An individual wishing to contest the information contained in their criminal history must do so using the process established in chapter 446-20 WAC.

(13) For the purpose of this chapter, the term daily operations will mean processing:

(a) The acceptance or release of a vehicle under a letter of appointment; or

(b) Transactions for any tow requested under a letter of appointment.

History

• Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 19-06-060, § 204-91A-060, filed 3/5/19, effective 4/5/19
• WSR 14-17-104, § 204-91A-060, filed 8/19/14, effective 9/19/14
• WSR 13-18-065, § 204-91A-060, filed 9/3/13, effective 10/4/13
• WSR 10-24-068, § 204-91A-060, filed 11/30/10, effective 12/31/10
• WSR 09-09-118, § 204-91A-060, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005 and 46.55.115. WSR 07-02-025A, § 204-91A-060, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 46.37.005. WSR 04-20-021, § 204-91A-060, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 02-07-056, § 204-91A-060, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.37.005 and 46.55.050. WSR 97-08-021, § 204-91A-060, filed 3/25/97, effective 4/25/97
• WSR 94-18-083, § 204-91A-060, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.61.567. WSR 89-21-044, § 204-91A-060, filed 10/13/89, effective 11/13/89. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-060, filed 6/23/89.

Wash. Admin. Code § 204-91A-070 Issuance of a letter of appointment.

(1) The chief or designee will have the authority to issue a letter of appointment if all qualifications set out in this chapter have either been met by the applicant, or a waiver of those qualifications not met has been granted. In order to issue a letter of appointment the section commander must receive:

(a) Certification from the inspector;

(b) An application for a letter of appointment endorsed by the district commander; and

(c) A notice from the department that the requestor has been licensed as a registered tow truck operator.

(2) The patrol will notify the requestor of its decision in writing.

(a) If all requirements are met, the request will be approved and the patrol will issue a letter of appointment, and the tow company will be admitted to the patrol's call list for the appropriate tow zone on the effective date of the letter.

(b) If all requirements are not met, and the requestor is not qualified for a waiver of the requirements, then such request will be denied.

(c) If the district commander recommends denial of a request, the patrol will notify the applicant and provide an opportunity for the applicant to have a hearing as provided in chapter 34.05 RCW.

(3) A letter of appointment will be valid for one business, in a single tow zone, assigned by the district commander. Requests for additional letters of appointment in the same or another zone must be based on a complete and separate place of business capable of independent operation within the appropriate zone.

To receive a letter of appointment, each business must:

(a) Be operated independently. One company cannot be dependent upon another for any required operation.

(b) If an individual, partnership, corporation, or other business entity owns more than one business, each business must have a different identifiable name, address, and telephone number, which are answered at the business location during normal business hours. There may, however, be a central dispatch center for multiple companies. This dispatch center must be capable of acknowledging each individual company when answering each call.

(c) Have on both sides of the truck a different identifiable name, city of address (even if included in the name of the company), registered tow truck operator license number, and truck number as assigned by the department. All required information must be plainly seen and able to be read at all times. All other required markings must also be located where they can be plainly seen and able to be read at all times and be of the size outlined in WAC 308-61-115(1). Companies must comply by December 31, 2007.

(d) Have adequate staffing for each company with personnel present to answer all incoming calls and who are able to release impounded vehicles during normal business hours 8:00 a.m. to 5:00 p.m. Monday through Friday except for state recognized holidays. Each business must be staffed by a sufficient number of drivers for twenty-four hour day operation.

(e) Have adequate equipment for each company to operate independently. Tow trucks must only be used for the company for which they are registered and within the zone approved/assigned for use in, unless specifically requested by law enforcement. All trucks must be clearly marked with the company's identity as outlined in (b) of this subsection.

(f) Have its own outside entrance, or when the building has one main entrance, the offices must have doors clearly marking and separating each business (not acceptable to walk in the main door and be hit with a counter or one office for the multiple tow companies housed in the building), with a sign at the front door and a sign plainly visible from the street indicating the company's name, phone number, and office hours. Separate businesses in the same tow zone may be housed in one building; however, there must be a solid wall from floor to ceiling physically separating each business.

(g) Maintain their own set of required records and books as outlined in RCW 46.55.150 including, but not limited to, a master log, vehicle transaction file, and billing invoices at its place of business. If there is a corporate accountant/bookkeeper for more than one company, all records and/or files for each company, other than those records, which are required to be maintained at the business location, must be maintained separately.

(h) Have impound/storage areas meeting the requirements of WAC 308-61-026(2) at all times, including proper segregation. All storage areas, primary and secondary for each place of business must be in the tow zone assigned to that place of business.

(i) Maintain at least one truck meeting the minimum class "A," "B," or "C" standards as listed in WAC 204-91A-170.

(4) A tow operator (or a district commander) may petition the section in writing for a waiver of one or more requirements. The section may grant a waiver if it finds that:

(a) The towing service available to the patrol without the waiver is inadequate to meet the needs of the public;

(b) The request is otherwise reasonable; and

(c) The request has the district commander's approval.

In the event a qualified tow operator meeting all requirements and qualifications receives a letter of appointment in the same zone as a tow operator that had earlier been granted a waiver, the tow operator with a waiver will have the letter of appointment rescinded by the section and after notification will not be called for patrol-initiated tows.

(5) Every letter of appointment will be issued in the name of the applicant and the holder thereof must not allow any other person or business to use the letter of appointment.

(6) The letter of appointment will only be valid for the place of business named on the application and will not apply to any other place of business.

(7) A letter of appointment will be valid until suspended, superseded, or revoked by the patrol.

(8) All storage areas, primary and secondary, for each place of business must be in the tow zone assigned to that place of business.

(9)(a) Letter of appointment holders must notify the inspector in writing, within thirty days, of all criminal actions filed against any partner, corporate officer involved in daily operations, or any employee who operates a tow truck, assists in vehicle auctions, or is involved in daily operations.

(b) The patrol may suspend or revoke a letter of appointment if the holder of the letter of appointment fails to provide the information as required in (a) of this subsection.

History

• Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 13-18-065, § 204-91A-070, filed 9/3/13, effective 10/4/13
• WSR 09-09-118, § 204-91A-070, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005 and 46.55.115. WSR 07-02-025A, § 204-91A-070, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 46.37.005. WSR 04-20-021, § 204-91A-070, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005 and 46.55.050. WSR 94-18-083, § 204-91A-070, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.61.567. WSR 89-21-044, § 204-91A-070, filed 10/13/89, effective 11/13/89. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-070, filed 6/23/89.

Wash. Admin. Code § 204-91A-080 Suspension or revocation of letter of appointment.

The patrol may deny, suspend, or revoke a letter of appointment:

(1) Upon receiving evidence that any appointee has failed to comply or no longer complies with any requirement or provision of law or this chapter. The following process must be used:

(a) The patrol must give the appointee notice of the action and an opportunity to be heard as prescribed in chapter 34.05 RCW, prior to denial, suspension, or revocation of the letter of appointment.

(b) Upon receiving notice of the action, the appointee may, within twenty days from the date of the notice of action, request in writing to the section commander a hearing on the denial, suspension or revocation of the letter of appointment. An adjudicative proceeding will be commenced within ninety days of the receipt of a hearing request. Failure to request a hearing, or failure to appear at a requested hearing, a prehearing conference, or any other stage of an adjudicative proceeding, will constitute default and may result in the entry of a final order under RCW 34.05.440.

(c) Upon receiving a hearing request, the section may, at the request of the appointee, or on its own initiative, schedule an informal settlement conference which will be without prejudice to the rights of the parties. The informal settlement conference will be held in the district where the company resides at a mutually agreed upon time and may result in a settlement agreement. If no agreement is reached, a hearing will be scheduled as outlined in chapter 34.05 RCW.

(2) Without prior notification if it finds that there is danger to the public health, safety, or welfare which requires immediate action. In every summary suspension of a letter of appointment, an order signed by the chief or designee must be entered, in compliance with the provisions of RCW 34.05.479. Administrative proceedings consistent with chapter 34.05 RCW for revocation or other action shall be promptly instituted and determined. The patrol must give notice as is practicable to the appointee.

(3) Immediately if the department revokes or cancels the registered tow truck operator license or if the tow company's insurance certification bond is canceled.

(4) If the holder of a letter of appointment voluntarily relinquishes the letter, the inspector and the district commander will be advised in writing of this voluntary relinquishment. After receiving written notice, the inspector will attempt to obtain the appointee's letter of appointment. If the owner/operator requests reissuance of a letter of appointment, the patrol may require a new application. Additionally, if applicable, all new equipment exempted under the previous letter of appointment must meet current requirements outlined in WAC and RCW.

(5) If violations of the terms and conditions of the letter of appointment that are subject to suspension for the first violation are categorized as major violations any subsequent or continuing major violation may be cause for termination unless the patrol imposes additional suspensions for longer periods, if deemed appropriate.

(a) When considering punitive action for a major violation of the letter of appointment, the section commander may take into consideration all major and minor violations that occurred within thirty-six months prior to the date of the current violation.

(b) Terms of disciplinary action - Minor violations of the terms and conditions of the LOA may be cause for disciplinary action in the following manner:

(i) First violation within a twelve-month period - Letter of written reprimand;

(ii) Second violation within a twelve-month period - Thirty-day suspension;

(iii) Third violation within a twelve-month period - Sixty-ninety day suspension;

(iv) Fourth violation within a twelve-month period - Termination of the letter or appointment.

History

• Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 14-17-104, § 204-91A-080, filed 8/19/14, effective 9/19/14
• WSR 09-09-118, § 204-91A-080, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005 and 46.55.115. WSR 07-02-025A, § 204-91A-080, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 46.37.005. WSR 04-20-021, § 204-91A-080, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005 and 46.55.050. WSR 94-18-083, § 204-91A-080, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-080, filed 6/23/89.

Wash. Admin. Code § 204-91A-090 Hearing procedure.

Hearings under this chapter will be pursuant to chapters 34.05 RCW and 10-08 WAC, as supplemented by this section.

(1) The presiding officer will conduct the hearing and any prehearing conference(s).

(2) The burden of proof in any hearing will be on the applicant seeking a letter of appointment, or the person or agency seeking the suspension or revocation of a letter of appointment, or other action by the chief or designee. The chief or designee, after having heard and considered all pertinent evidence, or if the hearing is conducted by an administrative law judge, after having considered a record of a hearing conducted by an administrative law judge duly appointed pursuant to chapter 34.12 RCW, will make written findings of facts and conclusions based on evidence presented.

(3) Oral proceedings must be recorded by a method chosen by the patrol and such recording will become part of the hearing record.

(4) During an adjudicative proceeding, no person may appear in a representative capacity other than the following:

(a) Attorneys at law duly qualified and entitled to practice before the supreme court of the state of Washington;

(b) Attorneys at law duly qualified and entitled to practice before the highest court of record of any other state, if the attorneys at law of the state of Washington are permitted to appear in a representative capacity before administrative agencies of such other state, and if not otherwise prohibited by our state law; and/or

(c) A bona fide officer, partner, sole proprietor, or authorized manager of a sole proprietorship, partnership, or corporation who appears for such sole proprietorship, partnership, or corporation.

(5) The presiding officer will decide whether to permit the taking of depositions, the requesting of admissions, and all other procedures authorized by rules 26 through 36 of the superior court civil rules. The presiding officer will condition use of discovery on a showing of necessity and unavailability by other means. In exercising such discretion, the presiding officer will consider:

(a) Whether all parties are represented by counsel;

(b) Whether undue expense or delay in bringing the case to hearing will result;

(c) Whether the discovery will promote the orderly and prompt conduct of the proceeding; and

(d) Whether the interests of justice will be promoted.

History

• Statutory Authority: RCW 46.55.115. WSR 17-10-029, § 204-91A-090, filed 4/26/17, effective 5/27/17. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 09-09-118, § 204-91A-090, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005. WSR 04-20-021, § 204-91A-090, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 02-07-056, § 204-91A-090, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-090, filed 6/23/89.

Wash. Admin. Code § 204-91A-100 Appeal.

Any person aggrieved by a decision of the chief denying, suspending, or revoking a letter of appointment may appeal such decision to the superior court under the provisions of chapter 34.05 RCW.

History

• Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-100, filed 6/23/89.

Wash. Admin. Code § 204-91A-110 Complaints.

(1) Complaints received by the patrol involving registered tow truck operators will be forwarded to the department, along with the results from any complaint investigation and other supporting documents.

(2) The patrol will investigate all complaints involving deficient equipment of a registered tow truck operator.

(3) The patrol will investigate all complaints that a letter of appointment holder has failed to comply or no longer complies with any requirement or provision of law or this chapter.

(4) Complaints investigated by the patrol will be reviewed by the chief or designee before being forwarded to the department.

(5) A complete copy of all complaints investigated by the patrol will be kept on file in accordance with applicable records retention requirements.

History

• Statutory Authority: RCW 46.55.115. WSR 17-10-029, § 204-91A-110, filed 4/26/17, effective 5/27/17. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 09-09-118, § 204-91A-110, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005 and 46.55.050. WSR 94-18-083, § 204-91A-110, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-110, filed 6/23/89.

Wash. Admin. Code § 204-91A-120 Business office hours and records.

(1) Business hours will be in accordance with RCW 46.55.060(6). Businesses that close for an hour between 11:00 a.m. and 1:00 p.m. must:

(a) Designate the hour that they intend to use on a daily basis and notify the patrol of the designated hour annually at the time of inspection. The designated hour may be:

(i) Changed by providing notice to the patrol at least seventy-two hours in advance. Electronic notification to the inspector will be considered an acceptable form of providing notice.

(ii) Adjusted the same day if a customer transaction occurs during the designated hour or an emergent business need arises provided that:

(A) The adjusted time is taken between 11:00 a.m. and 1:00 p.m.;

(B) The total amount of time the business office is closed does not exceed one hour; and

(C) Notice is provided:

(I) At the door regarding the return time with a telephone number at which personnel can be reached as required per RCW 46.55.060; and

(II) To the inspector electronically within twenty-four hours if adjusted for an emergent business need.

(b) Notify the public of the designated hour that they intend to be closed, which must be posted on the door with a telephone number at which personnel can be reached as required by RCW 46.55.060.

(c) Remain accessible to law enforcement or department of licensing if they are in the process of performing an inspection or investigation. Adjustments to the designated hour may be made if an investigation or inspection occurs during the designated hour provided that:

(i) The adjusted time is taken between 11:00 a.m. and 1:00 p.m.;

(ii) Notice is provided at the door regarding the return time with a telephone number at which personnel can be reached as required per RCW 46.55.060; and

(iii) The total amount of time the business office is closed does not exceed one hour.

(2) The owner/operator must have personnel at the place of business during business hours to answer phone calls and to release vehicles and personal property. Persons from adjoining or neighboring businesses may not be used to meet this requirement. Phones may not be forwarded to an answering service during normal business hours.

(3) When a tow operator is not open for business and does not have personnel present at the place of business, the tow operator must post a clearly visible telephone number at the business location to advise the public how to make contact for the release of vehicles or personal property.

(4) The owner/operator must maintain personnel who must be:

(a) Available twenty-four hours a day to release impounded vehicles within a sixty-minute period of time. If personnel are contacted during the hour the business has designated to be closed under subsection (1) of this section, personnel must:

(i) Log the time of the call;

(ii) Return to the business within no more than one-half hour;

(iii) Calculate the storage fees based on the time of the call. If the vehicle's legal or registered owner or the owner's authorized representative does not redeem the vehicle at the time the tow operator returns to the business, the vehicle storage fees will accrue as if charges had not ceased at the time of the call.

(b) Identifiable as representing the company.

(5) All billing invoices must be numbered and must contain the following information:

(a) Business name, business address, and phone number.

(b) Date of service and tow truck driver's first initial and last name.

(c) Time of departure in response to the call.

(d) Time tow truck arrived at the yard.

(e) Time the vehicle is unloaded and the necessary and required paperwork is completed.

(f) Class of tow truck used.

(g) If the tow was in response to a Washington state patrol request.

(h) The date and time the vehicle was released.

(i) The number of storage spaces used, and if more than one storage space is used, the size of vehicle as measured in feet from front bumper to rear bumper.

(6) All fees for service must be itemized on the invoice, including each item of additional labor, ancillary equipment, or removal of debris, cargo, or other items.

(7) Yard cards containing the information in subsection (5) of this section may be used for internal control of vehicles by the tow operator until the vehicle is released, sold, or otherwise disposed of. Yard cards are supplemental to, and do not replace the invoice required above.

(8) A copy of the invoice must be filed by invoice number at the business location and a copy of any voided invoice must be retained in this same file. Another copy of the invoice must be included with the transaction file items identified in RCW 46.55.150.

History

• Statutory Authority: RCW 46.55.115 and 46.55.063. WSR 20-08-080, § 204-91A-120, filed 3/27/20, effective 4/27/20. Statutory Authority: RCW 46.55.115. WSR 15-19-105, § 204-91A-120, filed 9/18/15, effective 10/19/15. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 09-09-118, § 204-91A-120, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005. WSR 04-20-021, § 204-91A-120, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 02-07-056, § 204-91A-120, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.61.567. WSR 89-21-044, § 204-91A-120, filed 10/13/89, effective 11/13/89. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-120, filed 6/23/89.

Wash. Admin. Code § 204-91A-130 Personal property handling procedures.

All personal belongings and contents in the vehicle that are not permanently attached must be kept intact, and must be returned to the vehicle's owner or agent during normal business hours upon request and presentation of a driver's license or other sufficient identification. The tow operator must without charge and upon demand, release personal property not being held for evidence purposes by the impounding agency, to the vehicle's owner or agent during normal business hours of 8:00 a.m. to 5:00 p.m. except for weekends and state recognized holidays. Release procedures must also follow guidelines as set forth in chapters 308-61 WAC and 46.55 RCW.

The vehicle contents, less items listed in WAC and RCW, and personal property not picked up prior to the vehicle going to auction must remain with the vehicle and may not be kept by the tow operator or sold at auction to fulfill a lien against the vehicle.

(1) The items of personal property that the state patrol will not accept in response to RCW 46.55.090 include but are not limited to the following:

(a) Tire chains;

(b) Spare tire and wheels;

(c) Used auto parts and accessories;

(d) Seat covers;

(e) Fuel containers;

(f) Jacks and lug wrenches;

(g) Radios, stereos, and other items attached to the vehicle by bolts, screws, or some other manner that incorporates them to the vehicle. These items must remain with the vehicle;

(h) Refuse, trash, garbage, open or empty alcohol containers and perishable items;

(i) Soiled or mildewed items, including clothing, shoes, blankets, and tarps having no actual value;

(j) Miscellaneous unofficial papers and other items having no actual value.

(2) Items that must be turned over to the patrol within forty-eight hours and inventoried include, but are not limited to:

(a) Money;

(b) Wallets and purses;

(c) Bank and check books;

(d) Bank and credit cards;

(e) Official identification cards, operator's license and passports;

(f) Jewelry;

(g) Firearms and any type weapon;

(h) Contraband including controlled substances;

(i) Stocks, bonds, money orders, bank certificates, travelers checks, postage stamps, and food stamps;

(j) Other items of obvious value.

(3) The tow operator must not remove or damage any vehicle parts permanently affixed to the vehicle, i.e., trunk locks or door locks. The tow operator must allow the vehicle's legal or registered owner or the owner's authorized representative to remove specialized hand controls, provided that their removal does not damage the vehicle.

(4) If a vehicle is equipped with an ignition interlock system as outlined in RCW 46.20.720, the tow operator must contact the ignition interlock company through the phone number provided on the ignition interlock label within forty-eight hours to inform them that the vehicle has been impounded. The ignition interlock system must be removed by a qualified technician and released to the installing company, at no charge and upon proof of ownership, prior to the auction of the vehicle. The removal of the ignition interlock system must not render the vehicle inoperable.

(5) After the certified sale letter has been mailed, the tow operator may dispose of any perishable items or items that may rot, decay, or otherwise cause substantial odor within the interior of the vehicle.

History

• Statutory Authority: RCW 46.55.115. WSR 17-10-029, § 204-91A-130, filed 4/26/17, effective 5/27/17. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 09-09-118, § 204-91A-130, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005. WSR 04-20-021, § 204-91A-130, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 02-07-056, § 204-91A-130, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-130, filed 6/23/89.

Wash. Admin. Code § 204-91A-140 Fees.

(1) Towing fees must be based on a flat, hourly rate only and will apply without regard to the hour of day, day of the week or whether the service was performed on a Saturday, Sunday, or state recognized holiday. The hourly rate for each class of truck must be charged for services performed for initial tows and secondary tows performed during business hours. Charges for secondary tows performed during nonbusiness hours, on weekends or state recognized holidays, if different from the hourly rate, must be negotiated and agreed upon with the vehicle owner/agent before the tow is made.

The tow inspector will investigate allegations of overcharging. Intentional overcharging or a pattern of overcharging will be cause for suspension. The tow operator's failure to reimburse the aggrieved customer(s) may be cause for suspension, after a tow inspector has determined that overcharging occurred and may result in the suspension or revocation of the tow operators letter of appointment. The suspension will remain in effect until the tow operator has presented to the patrol sufficient proof that the aggrieved customer(s) has been fully reimbursed.

(2) The chief or designee will, prior to October 15th of each year, establish maximum hourly towing rates for each class of tow truck and maximum daily storage rates that tow operators may charge for services performed as a result of state patrol calls. The maximum rates will be determined after consultation with members of the towing industry, review of current private towing rates, and such other economic factors as the chief deems appropriate.

When signed by the chief or designee and the tow operator, a contractual agreement to charge no more than the maximum rates will become part of the operator's letter of appointment. The tow operator may, however, adopt a rate schedule charging less than the maximum rates established by the chief.

The hourly rate must:

(a) Apply when a call for a tow is made by the state patrol, except as outlined under subsection (6) of this section. This includes, but may not be limited to, collisions and impound requests.

(b) Include all ancillary activities including, but not limited to, removal of glass, debris, and vehicle fluids less than one gallon from the roadway and areas referred to as the "scene or incident location," necessary winching, dolly service, drive line removal, installation of chains on the tow truck, installation of portable lights, vehicle hookup for towing or transporting, tire replacement and standby time. Before leaving any collision or incident location, the tow company must advise the department of transportation, the patrol, local law enforcement road department of all fluid spills greater than one gallon remaining.

(c) Include the labor of one person per truck. When responding with a class "C" or an S-1 rotator truck to a major collision or incident location; a second person is allowed at the hourly labor rate per contract for an extra registered tow truck operator employee. Any charges for additional labor or ancillary vehicles, or both, or for removing debris, cargo, or other items at the collision or incident location must have prior authorization from the legal or registered owner/agent, or a member of the patrol at the scene, and must have documentation in the vehicle transaction file for inspection purposes. Documentation must include:

(i) The first and last name of the person who requested the additional labor, ancillary vehicle, or removal of debris, cargo, or other items at the collision or incident location.

(ii) How and when the approval was obtained.

(d) Be computed from the actual time the truck departs in response to a call until the truck returns to its tow zone, responds to another call, returns to the storage area, or returns to the place of business of the registered tow truck operator. Billing invoices must have the time of day and date a vehicle arrives at the storage area or place of business of the registered tow truck operator.

(i) The hourly rate must be applied to the resulting net time and, after the first hour, must be rounded to the nearest fifteen minutes.

(ii) After returning to the storage area, the tow operator may charge for the total amount of time in fifteen minute increments not to exceed a total of sixty minutes.

(e) Be evenly divided between customer vehicles transported when class "E" trucks are used for multiple towing/recovery services (one on bed, one in tow) from the same service call or incident location.

(3) The basic storage fee:

(a) Must be calculated using bumper to bumper measurements for vehicles, and using tongue to bumper measurements for trailers; and

(b) Must be calculated on a twenty-four-hour basis and must be charged to the nearest half day from the time the vehicle arrives at the secure storage area. Vehicles stored over twelve hours on any given day within the twenty-four-hour period may be charged a full day's storage. Vehicles stored less than twelve hours on any given day, may only be charged for twelve hours of storage; and

(c) Must be the same for all three and four-wheel vehicles twenty feet or less in length; and

(d) For vehicles or combinations exceeding twenty feet, the storage fee must be computed by multiplying each twenty feet of vehicle length, or any portion thereof, by the basic storage fee; and

(e) For motorcycles, operators may charge the basic storage fee for vehicles.

(4) To charge fees for ancillary equipment, additional labor, or removal of cargo and commodities that must be offloaded after placed in the storage area or registered tow truck operator's place of business for the purpose of disposal or storage, the operator must provide written notification of such fees to the legal owner, registered owner or owner's agent of the vehicle and must make a good faith attempt to gain prior authorization for estimated charges.

(a) Notification must include an itemized list of the estimated charges for any ancillary equipment, additional labor, or removal of cargo and commodities that must be offloaded after placed in the storage area or registered tow truck operator's place of business for the purpose of disposal or storage.

(b) Documentation must include:

(i) A copy of the written notification made to the legal owner, registered owner, or owner's agent.

(ii) Full name of the individual(s) contacted or attempted to be contacted for authorization for completion of additional labor, ancillary equipment, or removal of cargo or commodities for the purpose of disposal or storage.

(iii) The company representing the legal owner, registered owner, or owner's agent if applicable.

(iv) Date and time of each contact.

(v) Phone number and any other contact information that was available at the time of the contact.

(c) The patrol will provide the insurance information by request of the operator, if available.

(5) After hours release fee may be assessed if the tow operator or employee must be at the business location specifically for the purpose of releasing the vehicle and/or property on any weekday after 5 p.m. and before 8 a.m.; Saturday or Sunday; or on any state recognized holiday. After hour fees must:

(a) Be based on a flat, hourly rate;

(b) Be applied to the resulting net time and, after the first hour, must be rounded to the nearest fifteen minutes; and

(c) Be no more than one-half of the class "A" rate.

(6)(a) Any tow operator who charges the general public (i.e., private citizens) rates lower than those identified in the contractual agreement for the following services must charge the same lower rate for similar services performed as a result of patrol initiated calls:

(i) Roadside mechanical service including, but are not limited to, fuel transfer, tire and belt changes;

(ii) Disabled vehicle tow/transportation;

(iii) Storage;

(iv) After hours release fees.

(b) The price requirement in subsection (a)(i) through (iii) of this section does not apply to unoccupied vehicle situations in which the owner/operator has had no prior contact with either the state patrol or the tow operator.

(7) Upon redemption of a vehicle, an additional charge may not be assessed for moving or relocating any stored vehicle from inside a tow operator's storage yard to the front of the business establishment.

(8) Tolls and ferry fares paid by the tow operator or employee as a result of charges attributed to services provided during travel to and from a service call while using the shortest reasonable route, may be added as a separate line item to the tow bill. Added charges must be evidenced by a receipt or highlighted (i.e., "Good to Go" or "Wave to Go") on the transaction document and kept in the vehicle transaction file for inspection purposes.

History

• Statutory Authority: RCW 46.55.115 and 46.55.063. WSR 20-08-080, § 204-91A-140, filed 3/27/20, effective 4/27/20. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 14-17-104, § 204-91A-140, filed 8/19/14, effective 9/19/14
• WSR 13-18-065, § 204-91A-140, filed 9/3/13, effective 10/4/13
• WSR 09-09-118, § 204-91A-140, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005 and 46.55.115. WSR 07-02-025A, § 204-91A-140, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 46.37.005. WSR 04-20-021, § 204-91A-140, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 02-07-056, § 204-91A-140, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.37.005 and 46.55.050. WSR 97-08-021, § 204-91A-140, filed 3/25/97, effective 4/25/97. Statutory Authority: RCW 46.61.567. WSR 89-21-044, § 204-91A-140, filed 10/13/89, effective 11/13/89. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-140, filed 6/23/89.

Wash. Admin. Code § 204-91A-150 Towing procedure.

Officers of the patrol will obtain towing services to remove damaged or disabled vehicles from the highway or to remove vehicles from the highway with the following limitations:

(1) If the vehicle does not constitute an obstruction to traffic and the vehicle's owner or operator is present at the scene and appears competent to determine disposition of the vehicle, the vehicle's owner or operator may make the arrangements for removal. This does not affect rotational positions.

(2) If the vehicle is to be removed from the scene, the vehicle's owner or operator may make a specific request for a particular tow operator. The request will be honored by the officer of the patrol if the requested tow operator is reasonably available and the request is otherwise reasonable in view of the circumstances at the scene. This does not affect rotational positions.

(3) When the vehicle's owner or operator makes no specific request, or is incapacitated or unavailable, the officer of the patrol will, when practicable, obtain towing services by notifying the radio communications center and requesting tow service at that location.

(4) The chief or designee will specify that tow services obtained by the patrol will be on a contractual, rotational, or other basis in specific geographical areas in the state.

(5) For the purposes of rotational or contractual tow requests, an approved tow truck must be used only in the tow zone designated by the district commander. The patrol may, when tow service is not reasonably available within the given zone, obtain service from an adjacent zone.

(6) The patrol may allow approved towing firms to establish their own central dispatch centers to dispatch tow trucks at the request of the patrol in selected geographical areas of the state.

(a) These dispatch centers will be the responsibility of those member towing firms that utilize this type of service, and must dispatch the specific company requested.

(b) The patrol communications center will advise the towing dispatch center of the approximate location, number of tow trucks needed, number of occupants, make, model and color of the vehicle, if available, and the reason for the call. The towing dispatch center will be responsible for dispatching the participating firm's tow trucks.

(c) Records of all tow trucks dispatched at the request of the patrol must be maintained by the towing dispatch center for a period of three years.

(7) Tow operators responding to calls from the patrol must be capable of transporting one occupant. In those instances where the occupant is argumentative, disabled, or otherwise incapable of riding in a tow truck, the patrol will provide or obtain alternative transportation.

(8) Emergent movement of any oversized or overweight vehicle or combination of vehicles requiring a permit must only be made to the nearest safe location, until such time as a permit is acquired or until the load can be made legal by reducing the nonfixed load. Emergent movement of a vehicle is limited to a distance of five miles, unless an exception is granted by a patrol supervisor based on special circumstances.

History

• Statutory Authority: RCW 46.55.115. WSR 17-10-029, § 204-91A-150, filed 4/26/17, effective 5/27/17. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 09-09-118, § 204-91A-150, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-150, filed 6/23/89.

Wash. Admin. Code § 204-91A-160 Tow zones.

Each district commander will outline geographical areas within their district to be designated as tow zones. The geographical tow zones for each patrol district will be filed with the patrol. The boundaries established pursuant to this action may be modified as circumstances warrant. Considerations may include, but are not limited to, such factors as the frequency and severity of collisions and the frequency of DWI arrests in various areas throughout the district, the volume and pattern of traffic, the availability of tow services, and the accessibility of tow services to the areas of need within each district. Nothing herein will prevent the patrol from amending tow zones from time to time as required by changing traffic and collision patterns and other such factors affecting the adequacy of towing service available to the patrol.

History

• Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 09-09-118, § 204-91A-160, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005 and 46.55.050. WSR 94-18-083, § 204-91A-160, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-160, filed 6/23/89.

Wash. Admin. Code § 204-91A-170 Minimum tow truck equipment standards.

(1) All tow/recovery trucks used by a registered tow truck operator for public or private impounds or in response to patrol requests must meet the minimum standards listed in this section. Classes "A," "B," "B-2," "C," "D" only if factory equipped with a boom or retractable boom, "E" only if factory equipped with a side recovery system, and "S-1" are considered recovery trucks for patrol requests and must be used by the registered tow truck operator in response to these requests unless the operator requests and patrol accepts nonrecovery trucks or other equipment. The patrol will provide information concerning the general description of the type and condition of the vehicle and its type of load if applicable at the time of request for an initial tow if reasonably available.

(2) Minimum standards:

(a) All equipment used in conjunction with the tow truck winching system must be used in such a way as not to exceed the equipment working load limit. All equipment must comply with the Washington safety and health administration (WSHA) regulation if applicable.

Industry standards set the working load limit of wire rope or equivalent material at one-fifth of the manufacturer's rated nominal or breaking strength.

(b) Each wire rope or equivalent material must be capable of being fully extended from and fully wound onto its drum. Each wire rope or equivalent material must meet the industry standards for specified type of use with equipment.

OSHA (1410.179 (h)(2iiia)) requires no less than two wraps of rope remain on drum when rope is "fully extended." This is to ensure the full load never bears on the rope to drum connection.

(c) The wire rope on each recovery class truck must be equivalent to a 6 x 19 or 6 x 37 "extra improved plowed steel" (XIP) independent wire rope center (IWRC), and must meet all industry standards for working load limit.

(i) The operator must retain a receipt of purchase from the manufacturer indicating the type and WLL of wire rope, and document the type and date the wire rope was installed on each vehicle.

(ii) Class "A," "D," and "E" trucks may utilize either IWRC or fiber core wire rope.

(d) All wire rope must be in good working order. The following industry standards for out-of-service criteria will apply:

(i) No more than six randomly distributed broken wires in one rope lay, or more than three broken wires in one strand in one rope lay.

(ii) Excessive abrasion causing the loss of more than one-third the original diameter of an outside individual wire.

(iii) Evidence of rope deterioration from corrosion.

(iv) Kinking, crushing, or other damage that results in detrimental distortion of the rope structure.

(v) Any evidence of heat damage.

(vi) Any marked reduction in diameter either along the entire main length or in one section.

(vii) Unlaying or opening up of a tucked splice.

(viii) Core protrusion along the entire length.

(ix) End attachments that are cracked, deformed, worn, or loosened.

(x) Any indication of strand or wire slippage in end attachments.

(xi) More than one broken wire in the vicinity of fittings.

(e) Wire rope end connections shall be swaged or, if clamped, must have a minimum of three forged clamps spaced a minimum of six rope diameters apart and attached with the base or saddle of the clamp against the longer or "live" end of the cable. The "U" bolt will be placed over the short or "dead" end of the rope and will be of the proper size for the cable being clamped.

(i) Recovery or tow hooks must be installed, maintained, and used in the manner in which the manufacturer prescribes.

(ii) Recovery or tow hooks must be replaced if the throat opening has increased beyond the manufacturer recommendations, the load bearing point has been worn by 10 percent, or the hook is twisted by more than 10 degrees.

(iii) Wire rope clamps must be installed and torqued per manufacturer specifications.

(f) All wire rope related equipment, sheaves, etc., must conform to the diameter of the wire rope being used or to the original tow truck equipment manufacturer specifications.

(g) All winching equipment, booms, snatch blocks, etc., must have permanently affixed durable factory identification, stating the working load limit. If this identification has been removed or is no longer readable, it is criteria for placing the item out-of-service. Equipment may be reinspected by a recognized recertification company. If the equipment is acceptable, it may be reidentified with a working load limit and a recertification company identifier. It will be deemed acceptable if the operator maintains a copy of the certification of winching equipment provided the serial number on the equipment corresponds with the certification provided by the manufacturer.

(h) Snatch block hooks that were manufactured with a retractable safety retention clip must have a functional clip installed.

(i) All block and tackle equipment used in the winching system which shows signs of permanent deformation, significant wear or damage is criteria for placing the item out-of-service.

(j) All "J" hook chain assemblies must be grade "7" chain or better.

(k) Safety chains must only be used for the securing of vehicles to the truck. Must be minimum grade "7" chain or meet the original manufacturer's recommendations. Safety chain hooks that were manufactured with retractable safety retention clips must have a functional clip installed.

(l) Comply with legal lighting, equipment, and license requirements.

(m) Portable tail, stop, and turn signal lights for vehicles being towed. When in use, the lights must be mounted on the same level and as widely spaced laterally as practicable.

(n) Have department of licensing registration and truck numbers painted or permanently affixed to both sides of the truck. Have firm's name, city of address, and phone number permanently affixed to both sides of the vehicle. Letters must be a minimum of three inches high with one-half inch strokes.

(o) Have a revolving, strobe, or intermittent red light with 360 degrees visibility. Trucks may also be equipped with flashing amber and/or white lights which may be used in conjunction with the red lamps. Additionally, trucks must also be equipped with a warning light visible from the driver seat which is energized when the red revolving light or flashing amber lights are activated.

(p) May be equipped with rear facing blue lights, which may only be used as allowed in RCW 46.37.196.

(q) Have a broom, minimum 12 inches wide, with a handle at least four feet long.

(r) Have a scoop type shovel, minimum seven inches wide, overall length minimum three feet long and a minimum of a three-gallon hard or solid sided receptacle (trash bags of any type will not meet this requirement) able to contain debris typically found at collision scenes without breaking.

(s) Be maintained in a reasonably clean condition.

(t) Have at least one steel pinch bar four feet long, tapered on one end and flattened on the other with a minimum diameter of three-quarters of an inch.

(u) Have a two-way radio or mobile telephone capable of communicating with a base station. A citizen band radio does not suffice. The communication device must:

(i) Be in proper working order and function correctly throughout the assigned tow areas for all towing operations including on call drivers.

(ii) Be used in a lawful manner.

(v) Have one 20 BC rated or two 10 BC rated fire extinguishers accessible and secured on or in the tow truck.

(w) Axle weight must comply with the requirements of RCW 46.37.351.

(x) Carry two gallons of absorbent material designed to and capable of absorbing a one-gallon liquid spill from a motor vehicle. For the purposes of this chapter, vehicular liquids consist of motor oil, antifreeze, transmission fluid, and gear oil.

(3) Class "A" tow trucks: Trucks that are capable of towing and recovery of passenger cars, pickup trucks, small trailers, or equivalent vehicles. Class "A" tow trucks must meet the requirements of subsection (2)(a) through (x) of this section, and in addition must have:

(a) A 14,500 pound minimum manufacturer's gross vehicle weight rating (GVWR).

(b) Dual tires on the rear axle.

(c) A minimum of 100 feet of three-eighths inch continuous length XIP wire rope on each drum, measured from the point of attachment at the drum to the hook.

(d) A minimum eight-ton boom rating with a single hydraulic boom. Dual winches to control a minimum of two service drums.

(e) A minimum of two snatch blocks rated at 4.0 tons each.

(f) A wheel lift, tow sling, or other comparable device made of material and used in such manner so as to protect vehicles being towed or recovered.

(g) A portable dolly or its equivalent for hauling vehicles not otherwise towable. The transported vehicle must be attached to the dolly or its equivalent with an adjustable tie down, or as otherwise required by the equipment manufacturer.

(h) If equipped with a wheel lift system, it must have a fully extended working load rating of at least 3,000 pounds and a 7,000 pound tow rated capacity. The transported vehicle must be attached to the wheel lift with an adjustable tie down, or as otherwise required by the equipment manufacturer.

(i) A minimum of one 10-foot or two five-foot recovery chains used in the winching system and must be minimum grade "7" chain with matching fittings.

(j) Permanently affixed safety chains.

(4) Class "B" tow trucks: Trucks that are capable of towing and/or recovery of medium size trucks, trailers, motor homes, or equivalent vehicles. Class "B" tow trucks must meet the requirements of subsection (2)(a) through (x) of this section, and in addition must have:

(a) Eighteen thousand pounds minimum manufacturer's gross vehicle weight rating (GVWR).

(b) A minimum of one 12-ton single hydraulic boom with two independent winches and drums.

(c) A minimum of 100 feet of seven-sixteenths inch continuous length XIP IWRC wire rope on each drum, measured from points of attachment at the drum to the hook.

(d) A minimum of four standard release tools (caging stud assemblies).

(e) A minimum of two snatch blocks rated at 4.0 tons each.

(f) A wheel lift, tow sling, or other comparable device made of material and used in such manner so as to protect vehicles being towed or recovered.

(g) A portable dolly or its equivalent for hauling vehicles not otherwise towable when the class "B" tow truck is being used for class "A" tows. The transported vehicle must be attached to the dolly or its equivalent with an adjustable tie down, or as otherwise required by the equipment manufacturer.

(h) If equipped with a wheel lift system, it must have a fully extended working load limit of at least 6,000 pounds and a 20,000 pound tow rated capacity. The transported vehicle must be attached to the wheel lift with an adjustable tie down, or as otherwise required by the equipment manufacturer.

(i) A minimum of one 10-foot or two five-foot one-half inch diameter recovery chains used in the winching system and must be grade "8" chain with matching fittings.

(j) Permanently affixed safety chains.

(5) Class "B-2" tow trucks: Trucks that are capable of towing or recovery of medium size trucks, trailers, motor homes, or equivalent vehicles and are rated at over 30,000 GVWR with air brakes. Class "B-2" tow trucks must meet the requirements of subsection (2)(a) through (x) of this section, and in addition must have:

(a) A minimum of 150 feet of seven-sixteenths inch continuous length XIP IWRC wire rope on each drum, measured from points of attachment at the drum to the hook.

(b) A minimum of one 14-ton single hydraulic boom with two independent winches and drums.

(c) A minimum of two snatch blocks rated at 6.0 tons each.

(d) Air brakes and a system capable of supplying air to towed vehicles.

(e) Permanently affixed safety chains.

(f) Class "B-2" tow trucks must also meet the requirements of subsection (4)(d), (f), (g), (h), and (i) of this section.

(6) Class "C" tow trucks and class "C" rotator trucks: Trucks that are capable of towing and/or recovery of large trucks, trailers, buses, motor homes, or similar vehicles. Class "C" trucks must meet the requirements of subsection (2)(a) through (x) of this section, and in addition must have:

(a) A 46,000 pound manufacturer's gross vehicle weight rating (GVWR).

(b) Tandem rear axle truck chassis (both drive axles).

(c) A minimum of 30-ton boom rating with a hydraulic boom. Dual winches to control a minimum of two service drums.

(d) A minimum of 200 feet of five-eighths inch continuous length XIP IWRC wire rope on each drum measured from the point of attachment at the drum to the hook.

(e) Air brakes and a system capable of supplying air to towed vehicles.

(f) A minimum of four standard release tools (caging stud assemblies).

(g) A wheel lift or under lift system, it must have a fully extended working load limit of at least 12,000 pounds. The transported vehicle must be attached to the wheel lift or under lift with an adjustable tie down, or as otherwise required by the equipment manufacturer.

(h) A minimum of one 10-foot or two five-foot five-eighths inch recovery chains used in the winching system and must be a minimum grade "8" chain with matching fittings.

(i) Permanently affixed safety chains.

(j) All chains must be a minimum of grade "7," except as otherwise specified in this section.

(k) A wheel lift, tow sling, or other comparable device used in such a manner as to protect the vehicle being towed or recovered.

(l) A minimum of two snatch blocks rated at 8.0 tons each.

(7) Class "D" tow trucks: Trucks that are equipped for and primarily used as "wheel lift" or nonrecovery trucks. Class "D" tow trucks, unless specifically factory equipped with a boom or a retractable boom, are not designed for vehicle recovery and therefore must not be used as a replacement for a class "A" truck unless specifically authorized by the patrol. Class "D" tow trucks must meet the requirements of subsection (2)(a) through (x) of this section, and in addition must have:

(a) A 10,000 pound manufacturer's gross vehicle weight rating (GVWR).

(b) A portable dolly or its equivalent for hauling vehicles not otherwise towable. The transported vehicle must be attached to the dolly or its equivalent with an adjustable tie down, or as otherwise required by the equipment manufacturer.

(c) A wheel lift assembly with a fully extended manufacturer's working load limit of 3,000 pounds and a 7,000 pound tow rated capacity. The transported vehicle must be attached to the wheel lift with an adjustable tie down, or as otherwise required by the equipment manufacturer.

(d) One winch and drum with 100 feet of three-eighths inch XIP wire rope meeting class "A" requirements.

(e) One snatch block rated at 3.5 tons.

(f) A minimum of one five-foot recovery chain for use in the winching system and must be a minimum of grade "7" chain with matching fittings.

(g) Permanently affixed safety chains.

(8) Class "E" tow trucks: Trucks that are primarily designed and intended to transport other vehicles by loading and carrying the transported vehicle entirely on the truck. These vehicles may be a flatbed, slide back, tilt bed, or rail design truck. Class "E" trucks, unless specifically factory equipped with a side recovery system, are not designed for vehicle recovery and therefore must not be used as a replacement for a class "A" truck unless specifically authorized by the patrol.

(a) Class "E" trucks must meet the requirements of subsection (2)(a) through (x) of this section, and in addition must have:

(i) Four tie downs with a minimum working load limit of 3,300 pounds. The tie downs must be grade "7" or stronger chain, wire rope, nylon strap, or steel strap.

All four tie downs must be used when securing a vehicle. The tie downs must be affixed to the axle, tires, or frame of the transported vehicle both front and rear. All tie down ends must be affixed to the truck bed or rail in a manner that will prevent movement of the transported vehicle. Factory style "T" hook tie downs may be used for front and rear securement.

(ii) One snatch block rated at 4.0 tons.

(iii) Dual tires on the rear axle.

(iv) Fourteen thousand five hundred pound gross vehicle weight rating (GVWR).

(v) Current licensing and tonnage equal to the maximum combination GVWR.

(vi) Four-ton winch rating.

(vii) Fifty feet three-eighths inch XIP fiber core or IWRC wire rope.

(viii) One five-foot grade "7" chain with matching fittings for use in winching.

(ix) Nineteen feet of usable bed capable of carrying vehicles.

(x) Portable lights when the truck is used in towing mode. When in use, the lights must be mounted on the same level and as widely spaced laterally as practicable.

(b) Class "E" tow trucks may be equipped with a sling, tow bar, and/or a wheel lift system.

(i) If equipped with a towing system:

(A) The system must have a manufacturer's rating appropriate to the vehicle being towed. If used in a towing mode (as opposed to carrying), a sling, tow bar, and/or wheel lift assembly can be used and must have a manufacturer's rating appropriate to the vehicle being towed.

(B) The tow truck must have permanently affixed safety chains.

(ii) If using a wheel lift system, the transported vehicle must be attached to the wheel lift with an adjustable tie down, or as otherwise required by the equipment manufacturer.

(c) If factory equipped with a side vehicle recovery system, such system must meet all the winch and wire rope minimum requirements listed for a class "A" truck.

(9) Class "S" tow/recovery trucks: Tow/recovery trucks that cannot meet the requirements of class "A," "B," "C," "D," or "E" and are not eligible for appropriate waiver as outlined in WAC 204-91A-070(4), may be approved as class "S" (special).

(a) To be designated as a class "S" truck, the operator must submit a request for approval through the district commander to the section that must include:

(i) Why the truck is needed;

(ii) What the truck will be used for;

(iii) The vehicle size;

(iv) Purchased tonnage if required;

(v) Capability; and

(vi) The equipment carried or used with the truck.

(b) The gross vehicle weight rating of the class "S" truck will determine the appropriate equipment required.

(c) If the district commander approves the request, the request will be forwarded with recommendations for equipment and/or operation instructions or limitations to the section for review and final approval. If approval is granted, the equipment must be inspected as outlined in WAC 204-91A-040 with reports forwarded in the normal manner.

(10) Class "S-1 rotator" trucks: Trucks that are capable of recovery, towing, or both of large trucks, trailers, buses, motor homes, or similar vehicles. Class "S-1 rotator" trucks must meet the requirements of subsection (2)(a) through (x) of this section, and in addition must have:

(a) A 52,000 pound manufacturer's GVWR.

(b) Tandem or triple rear axle truck chassis with at least two drive axles.

(c) A minimum of 40 ton rotating boom rating with a single boom.

(d) A minimum of 200 feet of five-eighths inch continuous length XIP IWRC wire rope on two drums measured from the point of attachment at the drum to the hook.

(e) Air brakes and a system capable of supplying air to towed vehicles.

(f) A minimum of four standard release tools (caging stud assemblies).

(g) A wheel lift system that has a fully extended working load limit of at least 12,000 pounds. The transported vehicle must be attached to the wheel lift or under lift with an adjustable tie down, or as otherwise required by the equipment manufacturer.

(h) A minimum of one 10-foot or two five-foot five-eighths inch recovery chains used in the winching system and must be a minimum grade "8" chain with matching fittings.

(i) All chains must be a minimum of grade "7," except as otherwise specified in this section.

(j) A tow sling or other comparable device used in such a manner as to protect the vehicle being towed or recovered.

(k) A minimum of two snatch blocks rated at eight tons each.

(l) Permanently affixed safety chains.

(11) Tow trucks rated as class "A," "B," "B-2," "C," or "E" that are currently in-service with operators holding a current letter of appointment issued by the patrol, not meeting the criteria for classification listed in this section will be allowed to remain on the rotation with those companies.

(12) This section shall be effective on March 1, 2011.

History

• Statutory Authority: RCW 46.37.005, 46.37.320, and 46.37.194. WSR 24-16-032, § 204-91A-170, filed 7/29/24, effective 8/29/24. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 14-17-104, § 204-91A-170, filed 8/19/14, effective 9/19/14
• WSR 13-18-065, § 204-91A-170, filed 9/3/13, effective 10/4/13
• WSR 10-24-068, § 204-91A-170, filed 11/30/10, effective 12/31/10
• WSR 09-09-118, § 204-91A-170, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005 and 46.55.115. WSR 07-02-025A, § 204-91A-170, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 46.37.005. WSR 04-20-021, § 204-91A-170, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 02-07-056, § 204-91A-170, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.37.005 and 46.55.050. WSR 94-18-083, § 204-91A-170, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.35.005 [ 46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-170, filed 6/23/89.

Wash. Admin. Code § 204-91A-180 Additional towing and tow operator qualifications, restrictions, and requirements.

In addition to the requirements contained in WAC 204-91A-170, registered tow truck operators appointed pursuant to this chapter must conform to all laws and administrative rules pertaining to the tow industry and must observe the following practices and procedures:

(1) When called by the patrol during normal business hours, the tow operator must dispatch a tow truck, from within the assigned zone within five minutes after receiving the call. Tow trucks must be registered to and belong to the particular tow business that is called and assigned only to that tow zone. If an officer at the scene deems it necessary, the officer may authorize additional assistance from a registered tow operator outside of the tow zone.

(2) When called by the patrol after normal business hours, the tow operator must dispatch a tow truck from within the assigned zone within fifteen minutes after receiving the call.

(3) The tow truck that is dispatched must arrive at the stated location within a reasonable time considering distance, traffic, and weather conditions.

(4) If for any reason a tow operator is unable to dispatch a tow truck within the stated time or if the dispatched truck will be delayed for any reason, the tow operator must advise the patrol stating the reason and estimated time of arrival. In the event the tow truck fails to arrive at the scene within a reasonable time, the patrol will contact another tow operator to respond to the scene and will cancel the original tow.

(5) A tow operator on rotation who is unable to dispatch or arrive within the times stated in subsections (1), (2), (3), and (4) of this section will forfeit the tow operator's turn and be placed at the bottom of the rotation list as if the tow operator had responded.

(6) Repeated refusal or failure of the appointee to respond to calls from the patrol for towing services or to provide the requested services may result in the suspension or revocation of the tow operator's letter of appointment.

(7) If the tow operator will be unavailable for twenty-four hours or more to respond to rotational calls with a class "A," "B," or "C" tow truck, the tow operator must advise the appropriate patrol office. Unavailability may occur due to conditions including, but not limited to, other tow truck commitments, tow truck disabled and/or under repair, unforeseen driver shortage due to illness. The tow operator must give the reason for unavailability and the approximate date and time when the company will be available to respond to calls.

The tow company will be removed from the rotational list and will not be called until the tow operator advises the patrol that the company is once again able to respond to calls with an "A," "B," or "C" class truck. In all such cases, the tow company will resume its normal position on the rotational list without regard to any missed calls or its position prior to being unavailable.

(8) The tow operator must advise the patrol whenever a private call is received for a tow with circumstances that indicate that the tow is for a vehicle that has been involved in a collision, incident, or equipment breakdown on the public roadway. The tow operator also must advise the patrol of all private calls to motor vehicle collisions on private property resulting in bodily injury or death.

(9) The tow operator must notify the patrol before moving any vehicle involved in a collision on a public highway under the jurisdiction of the patrol as defined in the motor vehicle code, Title 46 RCW, or where it appears that the driver of the vehicle to be moved is under the influence of intoxicants or drugs, or is otherwise incapacitated.

(10) Other than a service patrol established and funded by the department of transportation, a tow operator must not solicit tow or roadside services by patrolling the public roadways searching for disabled vehicles or vehicles involved in a traffic collision.

(11) When the patrol is in charge of a collision scene or other such incident, a tow operator must not respond to such scene unless his services have been specifically requested by the patrol, the vehicle's owner or operator, or the owner's authorized representative.

(12) The tow operator must be available, or will ensure that specific employees are available, twenty-four hours a day for the purpose of receiving calls or arranging for the release of vehicles. Business hours will be posted conspicuously at the tow operator's place of business so they can be seen during business hours and nonbusiness hours. A copy must also be sent to the inspector of the district in which the tow operator does business. Changes of business hours must be sent to the department and the inspector ten days before their effective date.

(13) The tow operator must post a current copy of tow and storage rates, on a form approved by the department and the patrol, in the following locations:

(a) At the entrance to the place of business, in a conspicuous location, plainly visible and capable of being read by the public, whether the business is open or closed. If, in order to meet this requirement, the rate sheets must be placed in a location, exposed to the elements, they must be protected so as to remain legible.

(b) Inside the business location, where business is commonly transacted. The rate sheets must be posted in such manner as to be clearly and plainly visible and read at all times by customers of the business.

(c) A copy of the current rates will be sent to the department, the section, and the patrol district commander of the district in which the tow operator has applied for a letter of appointment. Notice of any change(s) in service rates will be forwarded to the department, the section, and the district commander of the area ten days before the effective date of the changes. Charges made for towing services arising from calls initiated by the patrol must be consistent with current posted towing rates and must be based only upon services listed on the prescribed form.

(d) In the event that a tow operator has only a class "B" truck and utilizes it for class "A" and "B" type tows, the tow operator must file a rate sheet that specifies the rates charged for the different types of tows.

(e) Whenever any tow operator utilizes a larger truck than the towed vehicle warrants, the tow operator must charge fees based on the size of the towed vehicle not the size of the truck used.

(14) Charges made for towing services arising from calls initiated by the patrol must not exceed the maximum rates established by the chief.

(15) Unless other arrangements are made with commissioned patrol personnel at the scene, all impounded vehicles must be taken to the tow operators nearest approved storage location within the tow operator's assigned tow zone.

(16) The tow operator will maintain, for three years, records on towed and released vehicles which were towed at the request of the patrol. Such records will be available for inspection by the patrol during normal business hours at the tow operator's place of business. Records will include, but not be limited to:

(a) An itemized receipt of all charges for the services provided.

(b) A tow impound record inventory or copy thereof made out by the trooper at the scene of the tow and signed by the tow operator.

(c) All other records required by the department.

(17) The first and last name of the tow truck driver will be placed on the tow impound inventory record made out by the patrol officer at the scene and the officer may verify their driver's license; except that the signature may be provided on existing forms with form number 3000-110-076 (R 7/11) until current stock is depleted.

(18) Tow operators must obtain and maintain a current registration certificate as required by RCW 46.55.020.

(19) Tow operators must perform towing tasks competently. The standard of competence will be that quality of work which is accepted as efficient and effective within the towing industry. The tow operator must ensure tow truck drivers responding to calls initiated by the patrol have completed a minimum of one four-hour tow truck driver training course every five years. The tow operator must keep a file documenting training.

(20) No tow operator, employee, or agent will misappropriate, wrongfully convert to his/her own use, or abuse property belonging to another and entrusted to his/her care or storage.

(21) Tow operators must use emergency lights to warn other motorists only when at the scene of collisions, disabled vehicles, and/or recoveries. Such lighting must not be used when traveling to or from the scene.

(22) Tow operators are required to clean collision/incident scenes of all vehicle glass, debris, and vehicle liquid spills of one gallon or less.

(23) Specific operating restrictions and/or requirements, by truck class, are as follows:

(a) The standard air brake release tools (caging stud assemblies) required to be carried in the class "B," "B-2," and "C" trucks must be used, whenever necessary, to preserve potential evidence involving brake equipment or adjustment settings. When a tow operator is attempting to move a vehicle equipped with locked spring parking brakes that cannot be released by external air supply, the caging assemblies must be used to release the brake tension. Under no circumstances will the towed vehicle's brake assemblies or adjustments be moved or disturbed in any way that will prevent later determination of the precollision or incident settings.

(b) Class "B" or "B-2" trucks in excess of twenty-three thousand pounds gross vehicle weight rating need not carry dollies when towing or recovering heavy vehicles.

(24) Whenever a "special event or overflow" storage lot is approved by the department, the patrol and appropriate city/county jurisdictions, the following must apply:

(a) The tow operator must maintain personnel at the lot twenty-four hours per day for security and vehicle and/or personal property release. If necessary, reimbursement for such labor must be part of the contract for the "special event" if appropriate or by amended storage rates with a waiver of the ten-day rate change notice requirement approved by the department and the patrol.

(b) At the conclusion of a "special event or overflow" situation, all vehicles not reclaimed by the vehicle's owner or the owner's authorized representative must be towed to the tow operator's regular storage facility and processed in the normal fashion. No additional fee must be charged for towing the vehicle from the overflow lot to the regular storage facility.

(25) All work performed by the tow operator and/or employee must be in the most professional and expeditious manner. Tow operators and employees must refrain from any unprofessional actions while towing for or conducting towing business at the request of the patrol. The actions include, but are not limited to, any of the following:

(a) Lack of service, selective service, or refusal to provide service which the tow operator should be capable of performing;

(b) Exhibiting any signs of either alcohol, drug use, or both;

(c) Displaying any objects, logos, slogans, or graphic material within the view of the public that contains any form of pornography, profanity, or prejudice toward any person or group of persons; and

(d) Directing toward a vehicle's owner, operator or the owner's authorized representative any profanity or slurs based on the person's culture, race, gender or sexual preference.

(26) Tow operators must, when required by the patrol or the department, cause to be displayed on each approved truck, decals indicating truck class, patrol district, and/or assigned tow zone.

(27) When responding to a patrol call, tow truck driver must wear clothing identifying the company and the driver's first name. The driver's first name is the first name used on the person's driver's license or a nickname that the person commonly uses and by which the person is commonly known.

(28) Tow truck drivers performing recovery, impounding, or towing must wear work vests of highly visible materials, or equivalent distinguishing apparel when outside of the towing vehicle as outlined in WAC 296-155-200(5) and Code of Federal Regulations, Title 23 Part 634.3.

(29) Tow operators must not display any sign, shield, marking, accessory, or insignia on uniforms or vehicles indicating the equipment or vehicle marking are similar to or belong to any public law enforcement agency. Tow operators must not engage in any advertisement indicating an official connection with the patrol or other law enforcement agency.

History

• Statutory Authority: RCW 46.55.115. WSR 17-10-029, § 204-91A-180, filed 4/26/17, effective 5/27/17. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 13-18-065, § 204-91A-180, filed 9/3/13, effective 10/4/13. Statutory Authority: RCW 46.55.050, 46.55.115, and 46.55.075. WSR 13-11-112, § 204-91A-180, filed 5/21/13, effective 6/21/13. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 09-09-118, § 204-91A-180, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005 and 46.55.115. WSR 07-02-025A, § 204-91A-180, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 02-07-056, § 204-91A-180, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.37.005 and 46.55.050. WSR 94-18-083, § 204-91A-180, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.61.567. WSR 89-21-044, § 204-91A-180, filed 10/13/89, effective 11/13/89. Statutory Authority: RCW 46.35.005 [46.37.005]. WSR 89-14-015 (Order 89-04-ESR), § 204-91A-180, filed 6/23/89.

Chapter 204-93 Assistance vans.

Wash. Admin. Code § 204-93-010 Authority.

This rule is promulgated pursuant to RCW 47.52.120, 46.37.005, and 46.37.194.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-010, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120. WSR 90-18-049, § 204-93-010, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-010, filed 10/1/85.

Wash. Admin. Code § 204-93-020 Purpose.

The purpose of this regulation is to provide minimum standards and operating regulations for assistance vans.

History

• Statutory Authority: RCW 47.52.120. WSR 90-18-049, § 204-93-020, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-020, filed 10/1/85.

Wash. Admin. Code § 204-93-030 Definitions.

(1) Assistance van: A vehicle that has been approved by the state patrol to provide aid, free of charge, to vehicles with equipment or fuel problems. An assistance van will be referred to as "van" in this regulation.

(2) Commander: Means the commanding officer, or their designee, of a Washington state patrol district or division.

(3) ESR: Equipment and standards review section of the Washington state patrol.

(4) Driver: Means any person who drives the van and furnishes the actual service.

(5) Geographic area: Means the city, county, state routes or interstate roads on which the vehicle will be operated under the authorized emergency vehicle permit if approved.

(6) Highway: Means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

(7) Inspector: Means an officer of the Washington state patrol who has been designated by his/her commander to conduct inspections of assistance vans.

(8) Operator: Means the person(s) or firm so named in the letter of appointment, who operates the assistance van.

(9) Owner: Means the legal owner of the assistance van.

(10) Patrol: Means the Washington state patrol as defined in RCW 43.43.010.

(11) Permit: Means the document issued by ESR that authorized the assistance van to operate.

(12) Primary jurisdiction: Means lead department who has jurisdiction on the roads that the applicant wishes to use the emergency lighting on.

(13) Political subdivision: Means the individual who has authority over the applicant if the applicant is the chief law enforcement officer or fire chief.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-030, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120. WSR 90-18-049, § 204-93-030, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-030, filed 10/1/85.

Wash. Admin. Code § 204-93-040 Driver standards.

(1) The driver's minimum age is to be 21 years, and the driver must possess a valid:

(a) First-aid card.

(b) Washington operator's license.

(2) The patrol may refuse to approve the permit or in the case of a permit which lists multiple operators/drivers may refuse to approve any single operator/driver if the applicant/operator/driver:

(a) Has been convicted of a felony during the ten years preceding the date of the application provided the felony for which the applicant was convicted directly relates to the specific occupation, trade, vocation, or business for which the certificate or permit is sought;

(b) Has ever been convicted of any Class A felony or any "sex offense" as defined in RCW 9.94A.030, regardless of the state of conviction;

(c) Has been convicted of DUI as defined in chapter 46.61 RCW, or convicted of a similar offense regardless of the state of conviction, within the last seven years;

(d) Has been convicted of reckless driving, or a hit-and-run, within the last seven years;

(e) Has been convicted of a gross misdemeanor within the last five years;

(f) Has been convicted of any misdemeanor within the last year; or

(g) Must register as a sex offender.

Crimes referenced in this section are as defined in the criminal code as they exist at the time of the violation, as they now exist or may later be amended in the state of Washington. Out-of-state convictions for offenses will be classified according to the comparable offense definitions and sentences provided by Washington law.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-040, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120. WSR 90-18-049, § 204-93-040, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-040, filed 10/1/85.

Wash. Admin. Code § 204-93-050 Van standards.

(1) The minimum size vehicles must be a half-ton rated van or pickup truck.

(2) The van must:

(a) Be equipped with adequate front pushbars of a design that protects the finish of any vehicle being pushed.

(b) Not have towing capabilities.

(c) Have the primary sponsor or operator's name, address, and telephone number painted on both sides of the vehicle in a contrasting color. The lettering must be at least 3 inches in height with a 3/4 inch stroke. Other sponsors may be shown in smaller lettering.

(d) Have the words "assistance van" painted on the front and rear of the van. The size of the lettering must be the same as the primary sponsor's or operator's name.

(e) Have the capability to jump start another vehicle without going the wrong direction on the highway.

(f) Have the ability to transfer fuel, or carry a minimum of 2.5 gallons of gasoline.

(g) Be maintained in a clean and neat manner.

(h) Be equipped with an approved light bar that displays amber lighting in a 360° radius. The amber lights must be used only at the scene of a disabled vehicle or when a disabled vehicle is being pushed from the travel lane to the nearest shoulder of the highway. If the van is used for private purposes, or for purposes in an area or by an operator/driver other than as set forth in the application, all emergency equipment which is exposed to public view must be removed or covered with an opaque hood, and must not be operated during such period of time.

(3) The van must not:

(a) Be equipped with the following:

(i) Emergency lighting other than outlined in subsection (2)(h) of this section.

(ii) Signal preemptive device.

(b) Display or use any name that includes the word "police" or "law enforcement" or other word which portrays the individual or business as a public law enforcement agency.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-050, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120. WSR 90-18-049, § 204-93-050, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-050, filed 10/1/85.

Wash. Admin. Code § 204-93-060 Two-way communications requirements.

The van must have:

(1) The capability to monitor channel 9 of the citizen's band radio.

(2) A mobile telephone system in proper working order, functions correctly throughout the assigned area of operation, and is used in a correct and lawful manner.

(3) A public address system.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-060, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120. WSR 90-18-049, § 204-93-060, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-060, filed 10/1/85.

Wash. Admin. Code § 204-93-070 Equipment requirements.

The van must be equipped with the following items:

(1) Floor jack - 2-1/2 ton rating.

(2) Portable tank of compressed air with a gauge indicating a minimum capacity of 100 psi.

(3) One 36 unit first-aid kit or larger.

(4) One 20 BC rated fire extinguisher or two 10 BC rated fire extinguishers.

(5) Mechanics tools for minor repairs.

(6) Five-gallon container of water.

(7) Six orange or red traffic cones.

(8) One case of 20-minute fuses.

(9) Operable 12 volt jump pack and jumper cables that are at least eight feet in length.

(10) Absorbent material capable of absorbing one gallon of vehicular fluid leaks.

(11) Four-way lug wrench in metric and Society of Automotive Engineer (SAE) sizes.

(12) Two wheel chocks or wheel blocking devices.

(13) One pair of heavy duty leather gloves.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-070, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120. WSR 90-18-049, § 204-93-070, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-070, filed 10/1/85.

Wash. Admin. Code § 204-93-080 Insurance requirements.

(1) Each van must be covered with the following minimum insurance coverage:

(a) One hundred thousand dollars of legal liability per occurrence to protect against vehicle damage.

(b) Two hundred fifty thousand dollars for liability for bodily injury or property damage per occurrence.

(2) Proof of insurance must be filed with the ESR section of the patrol. Failure to maintain the required coverage will result in immediate cancellation of the letter of appointment by the state patrol.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-080, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120. WSR 90-18-049, § 204-93-080, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-080, filed 10/1/85.

Wash. Admin. Code § 204-93-090 Permit requirements.

(1) An application for a permit to operate an assistance van shall be filed with the ESR on a form prescribed and furnished by the state patrol.

(2) The application must furnish the following information to the patrol:

(a) A listing of the names of all operators or drivers of the van and a completed fingerprint card and associated fee for the applicant and each person who operates and/or drives the van.

(b) A description of the specific geographic area in which the vehicle will be used as an assistance van.

(c) A description of each vehicle, to include, year, make, model, VIN, license number, and registered owner.

(d) Certification from each primary jurisdiction identified in (b) of this subsection that the vehicle is to be used as described. Such certification must be by the chief law enforcement officer. If the person making the application is the chief law enforcement officer, certification must be made by the chief executive officer of the political subdivision of the jurisdiction. The certification must state that a need exists in the jurisdiction for the vehicle to be used as described and that the certifier knows of no reason why the application should be denied.

(3) Upon satisfactory application the patrol may issue a permit.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-090, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120. WSR 90-18-049, § 204-93-090, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-090, filed 10/1/85.

Wash. Admin. Code § 204-93-100 Inspections and approval decals.

Upon receipt of an application for a permit, the patrol will conduct an inspection of the applicant's van, to determine if the applicant qualifies for the issuance of a permit.

(1) After a permit has been issued, the state patrol will cause to be affixed to each qualified van a window decal indicating that it has been approved by the state patrol.

The decal will be furnished by the state patrol and affixed to the windshield on the lower right hand corner by the inspector.

(2) Reinspections of approved vans will be conducted at least once a year by an inspector.

(a) Upon subsequent inspections, the inspector may remove the decal from the van if it is no longer found to be qualified, subject to the following procedures:

(i) In the event of a safety-related defect which would render the van a safety hazard upon the public highway, the decal may be removed immediately by the inspector. Upon a protest by the operator that the defect does not represent a safety hazard, the decal may not be removed until such time as the defect is verified as a safety hazard by the inspector's supervisor.

(ii) In the event of missing or defective equipment which is not a safety hazard but is required for initial approval, the inspector must issue a correction notice for the defect. If after ten days the operator fails or refuses to repair the defect, the decal may be removed.

(iii) Upon repair of a defect which has previously caused removal of a decal, the inspector will reinspect the equipment which had been defective. If the specified corrections have been satisfactorily completed, the inspector will reapply another decal to the windshield. In the event that the inspector is not readily available to reinspect and reapply the decal, such other patrol officer as may be appointed by the patrol may reinspect and reapply the decal. The reinspection and reapplication will be done as soon as possible after the operator advises that the defect has been repaired.

(b) Upon termination of a permit, the decal will be immediately removed and the permit retrieved by the state patrol.

(c) Upon sale or other transfer of the van from the business, the operator must so advise the ESR and must remove the decal prior to the sale or transfer of the vehicle.

(d) Upon the purchase or acquisition of any additional van to be used pursuant to this chapter, the operator must immediately notify the ESR and request an inspection of the new unit by the patrol. No vehicle will be authorized under the permit until it is approved by the patrol.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-100, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120. WSR 90-18-049, § 204-93-100, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-100, filed 10/1/85.

Wash. Admin. Code § 204-93-110 Certification.

After inspection of the van, driver qualifications, and required equipment, the inspecting officer will certify one of the following:

(1) The van operation of the applicant fully conforms to the requirements established by this rule.

(2) The van operation of the applicant does not fully conform to the requirements. The deficiencies will be listed on the inspection form. The operator will be informed of the deficiencies by the inspector. The operator may reapply to the inspector or the ESR when he/she has corrected the deficient areas and request another inspection.

Upon certification of compliance by the inspector and after all other requirements of this regulation have been met, the ESR will issue a permit to the applicant.

A copy of the current permit must be posted in the place of business of the applicant, and carried in each vehicle at all times.

Failure of the operator to comply with any of the various regulations in this chapter may result in cancellation of the operator's permit by the ESR.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-110, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120. WSR 90-18-049, § 204-93-110, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-110, filed 10/1/85.

Wash. Admin. Code § 204-93-120 Free service.

All services provided to a disabled motorist at the location of the disablement must be free. This will include any vehicle repair parts that may be furnished by the operator.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-120, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-120, filed 10/1/85.

Wash. Admin. Code § 204-93-130 Notification to law enforcement agencies.

The appropriate law enforcement agency must be notified of the following circumstances:

(1) Motor vehicle accidents

(2) Ill or incapacitated motorists

(3) Intoxicated motorists

(4) If a disabled vehicle is to be left on the highway shoulder and the driver is to be transported away from the scene.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-130, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-130, filed 10/1/85.

Wash. Admin. Code § 204-93-140 Restrictions to van operation and movement on highway.

Any van authorized under this section must:

(1) Not travel in high-occupancy vehicle lane unless traveling to assist a disabled vehicle.

(2) Not travel in the wrong direction on any highway or on/off ramps of highway, unless directed by a law enforcement officer.

(3) Safely push a disabled vehicle only to the nearest safe highway shoulder area.

(4) Not tow disabled vehicles for any distance.

(5) Obey all "rules of the road" as defined by chapter 46.61 RCW with the exception of RCW 46.61.570 and 46.61.575 as they relate to stopping, standing, or parking restrictions on public highways.

(6) Obey RCW 47.52.120, except section (5) as it relates to the stopping or parking of a vehicle on a limited access highway facility.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-140, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-140, filed 10/1/85.

Wash. Admin. Code § 204-93-150 Record of assistance furnished.

Each van operator must maintain a permanent daily log or record of all assistance furnished to disabled motorists. These records will be made available to the inspector, any law enforcement officer, or ESR upon request. This record must include, but is not limited to, the following items:

(1) Van driver's name

(2) Location and time of assistance

(3) Vehicle license number of vehicle assisted

(4) Type of assistance given

(5) Date and time of day that van is placed in service and taken out of service.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-150, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120. WSR 90-18-049, § 204-93-150, filed 8/30/90, effective 9/30/90. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-150, filed 10/1/85.

Wash. Admin. Code § 204-93-160 Driver's clothing.

The van driver must wear clothing that identifies the operator or primary sponsor.

(1) This must include:

(a) A legible name tag.

(b) Clothing maintained in a presentable and clean manner.

(2) Level III reflective vest and pants. The vest and pants must be approved as meeting the United States Department of Transportation (USDOT) or American National Standards Institution (ANSI) standards.

(3) An operator of an assistance van will not be allowed to display any sign, shield, marking, accessory or insignia on their uniform, clothing, or equipment to imply that he or she is a law enforcement officer, unless all of the following apply:

(a) The sign, shield, marking, accessory or insignia on their uniform or equipment is issued by a public law enforcement agency.

(b) The operator is employed by the public agency that is represented on the sign, shield, marking, accessory or insignia on their uniform or equipment, and approved to operate the vehicle by that agency under the authorized emergency vehicle permit.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-160, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 47.52.120 and 46.37.005. WSR 85-20-090 (Order 002-85), § 204-93-160, filed 10/1/85.

Wash. Admin. Code § 204-93-170 Revocation or suspension.

(1) Violation of any of these regulations will be grounds for suspension or revocation of the permit. Notice will be furnished to the applicant at least twenty days prior to the effective date of such suspension or revocation. The notice will describe the grounds for the order and will furnish the applicant an opportunity to be heard within the twenty-day period. The notice may provide for immediate suspension of the permit prior to any hearing, or the patrol may suspend the permit following the hearing but prior to final determination, if it is necessary to do so in the interests of the public health, safety, or welfare.

(2) The chief law enforcement officer of each primary jurisdiction in which the vehicle is operated as an assistance van may revoke his certification of the vehicle by notifying the patrol in writing of such revocation and their reasons therefore. Following notice to the applicant and an opportunity to be heard, the permit may be invalidated by the patrol.

(3) Mailing by certified mail of any notice or correspondence by the patrol to the last address of the applicant shown on his/her application will be sufficient service of notice as required by this chapter.

History

• Statutory Authority: RCW 46.37.005, 46.37.197, and 46.52.120. WSR 09-18-072, § 204-93-170, filed 8/31/09, effective 10/1/09.

Chapter 204-95 Limousine businesses.

Wash. Admin. Code § 204-95-030 Fees.

(1) The fee for each vehicle inspection will be $25.00. The department of licensing, as authorized in RCW 46.72A.030 and 46.72A.090, will charge the inspection fees on behalf of the inspecting agency, except a city or port that meets the criteria in chapter 46.72A RCW may collect the fee at the time of the inspection.

(2) When required for a limousine carrier business license applicant, licensee, or limousine chauffeur, the background check will consist of a background check as allowed through the Washington state Criminal Records Privacy Act under RCW 10.97.050, the Washington state patrol criminal identification system under RCW 43.43.832 through 43.43.834 as outlined in WAC 308-87-070. Pursuant to RCW 43.43.742, the applicant, driver, or employer will pay cost associated with the record check.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 12-03-082, § 204-95-030, filed 1/13/12, effective 2/13/12. Statutory Authority: RCW 46.37.005. WSR 02-21-001, § 204-95-030, filed 10/2/02, effective 11/2/02. Statutory Authority: RCW 46.72A.030. WSR 97-03-127, § 204-95-030, filed 1/22/97, effective 2/22/97.

Wash. Admin. Code § 204-95-080 Annual inspections, safety of equipment.

(1) Upon the request of a limousine carrier business license applicant or licensee applying for the initial issuance, or annual renewal of their limousine vehicle certificate(s) with the department of licensing, the inspecting agency as outlined in RCW 46.72A.030 will conduct a safety inspection of the vehicle(s) to be used in the limousine service. Applicants and licensees must present their limousine vehicle(s) at an inspection site established by the inspection agency, by appointment. The limousine vehicle must pass the inspection to qualify for initial issuance or renewal of the limousine vehicle certificate by the department of licensing. The vehicle inspection will consist of the following:

(a) Verification of vehicle liability insurance and current vehicle registration.

(b) Check of all standard equipment for vehicles for conformance with requirements as outlined in chapter 46.37 RCW, to include: Brake equipment, functional brake performance test, wheel systems, steering and suspension, fuel system, exhaust system, lighting and signal system, visibility system, window safety glazing and sunscreening or coloring, body components, horn, doors, hood, trunk latch, seatbelts, and bumpers.

(c) Review of interior condition and cleanliness.

(2) Upon successful completion of the safety inspection, the licensee will be given a copy of the inspection form to submit to department of revenue. Upon receipt and approval of all licensing documents and fees, the department of licensing will issue a decal which must be located to the left of the rear license plate, easily observable, and within twelve inches of the plate. The decal shall not be affixed to the license plate or a light.

(3) If a vehicle fails the initial inspection, the original inspection paperwork must be provided at the time of reinspection, and the reinspection must be done at the same inspection facility as the initial inspection.

History

• Statutory Authority: RCW 46.37.005 and 46.37.320. WSR 12-03-082, § 204-95-080, filed 1/13/12, effective 2/13/12. Statutory Authority: RCW 46.37.005. WSR 02-21-001, § 204-95-080, filed 10/2/02, effective 11/2/02. Statutory Authority: RCW 46.72A.030. WSR 97-03-127, § 204-95-080, filed 1/22/97, effective 2/22/97.

Chapter 204-96 Vehicle impounds.

Wash. Admin. Code § 204-96-010 Vehicle impounds.

(1) When a driver of a vehicle is arrested for a violation of RCW 46.20.342, the arresting officer may, in his/her own discretion, considering reasonable alternatives, cause the vehicle to be impounded.

(a) When an arrest is made for violation of RCW 46.20.342 and the vehicle is a commercial vehicle, the driver of the vehicle is not the owner of the vehicle, the owner was not in the vehicle at the time, and the owner has not received a prior release under RCW 46.55.113(3) or 46.55.120 (1)(a)(ii), prior to impounding the vehicle the officer will attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available.

(b) If the driver is arrested for a violation of RCW 46.20.342 (1)(c) (3rd degree suspended/revoked) and has no convictions for violations of RCW 46.20.342 in the past five years, the vehicle may be impounded, but no suspended driver hold will be placed on the vehicle. If the driver is also the registered owner then the vehicle will be held until all outstanding penalties, fines, and forfeitures owed by him/her are satisfied. The driver/registered owner must present proof from a court of law that he/she has no outstanding penalties, fines, or forfeitures.

(c) If the driver is arrested for a violation of RCW 46.20.342 (1)(c) (3rd degree suspended/revoked) and has any prior convictions for violations of RCW 46.20.342 in the past five years, the vehicle may be held for thirty days.

(d) If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree suspended/revoked) and has no convictions for violations of RCW 46.20.342 in the past five years, the vehicle may be held for thirty days.

(e) If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree suspended/revoked) and has been convicted of a violation of RCW 46.20.342 (1)(a) or (b) in the past five years, the vehicle may be held for sixty days.

(f) If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree suspended/revoked) and has been convicted of a violation of RCW 46.20.342 (1)(a) or (b) two or more times in the past five years, the vehicle may be held for ninety days.

(2) The release of all vehicles impounded under this section will be governed by RCW 46.55.120. Commercially rented vehicles may be impounded, however no suspended driver holds will be placed upon these vehicles. The rental company will be notified by phone.

(3) A vehicle may be released prior to the hold period upon a showing of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record; or that the owner of the vehicle was not the driver, the owner did not know that the driver's license was suspended or revoked, and the owner has not received a prior release under RCW 46.55.120 (1)(a)(ii) or 46.55.113(3). Release will be denied in all other circumstances. All release requests will be in writing. Any denial or approval of a release will be in writing and will include factors considered by the impounding agency in reaching the decision.

History

• Statutory Authority: RCW 46.55.075. WSR 12-03-081, § 204-96-010, filed 1/13/12, effective 2/13/12. Statutory Authority: RCW 46.55.190. WSR 04-07-012, § 204-96-010, filed 3/4/04, effective 4/4/04. Statutory Authority: RCW 46.55.113 and 46.55.120. WSR 01-05-098, § 204-96-010, filed 2/20/01, effective 3/23/01
• WSR 00-18-006, § 204-96-010, filed 8/24/00, effective 8/24/00
• WSR 99-18-026, § 204-96-010, filed 8/24/99, effective 9/24/99.

Wash. Admin. Code § 204-96-030 Impound form.

A uniform Washington state tow/impound and inventory record form established under RCW 46.55.075 as outlined in this chapter will be made available through the office of the state printer.

History

• Statutory Authority: RCW 46.55.075. WSR 12-03-081, § 204-96-030, filed 1/13/12, effective 2/13/12.