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UTC amends and repeals Commission rules relating to WAC 480-14, Motor Carriers

The Commission amends and repeals rules permanently in WAC 480-14 relating to motor carriers, excluding household goods carriers and common carrier brokers. The Adoption Order and rules were filed with the Code Reviser on October 30, 2009, and will become effective on November 30, 2009.

The commission filed its Proposed Rulemaking (CR-102) with the Code Reviser's Office on September 2, 2009, on final proposed draft rules to amend WAC 480-14, Motor Carriers. The commission invited written comments on the proposed rules by October 5, 2009, and held an adoption hearing on Wednesday, October 14, 2009, at 1:30 p.m. at UTC headquarters in Olympia. Click "here" to view the adoption hearing memo. A summary/matrix of comments received during the CR-105 phase is posted to the UTC's web site.


Please note: The changes in these rules do not affect motor carriers' day-to-day operations. These are strictly housekeeping changes to existing rules.

BACKGROUND:
The commission has begun an expedited rulemaking (CR-105) to amend WAC 480-14, Motor Carriers. WAC 480-14 contains rules for motor carriers of property other than household goods carriers. The rules cover intrastate common carriers and armored car service carriers, as well as interstate common carriers. The rules set out requirements for permits and registration, liability insurance and safety.

In 1995, the state Legislature transferred all safety regulation for motor carriers of property other than household goods to the State Patrol. Specifically, RCW 81.80.300 states in part:

The Washington state patrol shall perform all motor carrier safety inspections required by this chapter, including terminal safety audits, except for (1) those carriers subject to the economic regulation of the commission, or (2) a vehicle owned or operated by a carrier affiliated with a solid waste company subject to economic regulation by the commission.

The State Patrol continued to enforce WAC 480-14 while it developed its own safety rules for motor carriers. The State Patrol completed its final safety rules this year.

Because the State Patrol has sole responsibility for safety for these carriers, many rules in WAC 480-14 are no longer necessary. The proposal would repeal those rules or portion of rules that are no longer necessary. In addition, a number of non-substantive changes are being made to clarify current language without changing the intent of the rules.

The commission invited comments on the proposed rules or expedited rulemaking by July 6, 2009. The commission received written comments from two individuals. Under the expedited rulemaking statute, RCW 34.05.353, if a written notice of objection to the expedited rulemaking is timely filed and is not withdrawn, the notice of proposed expedited rulemaking is considered a statement of inquiry (CR-101). The commission will therefore proceed to consider this docket according to the standard rulemaking process (CR-102). (Docket 090400, see "Documents" link below for more information)

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For additional information about this rulemaking, please contact Betty Young at (360) 664-1202, or by e-mail at <byoung@utc.wa.gov>.

Posted/updated: 11/03/2009
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