reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.230 - Penalty for rebating, etc.—Procedure for collection.

RCW 81.80.230
Penalty for rebating, etc.—Procedure for collection.
Any person, whether a household goods carrier subject to this chapter, shipper, or consignee, or any officer, employee, agent, or representative thereof, who: (1) Offers, grants, gives, solicits, accepts, or receives any rebate, concession, or discrimination in violation of this chapter; (2) by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device assists, suffers, or permits any person or persons, natural or artificial, to obtain transportation of property subject to this chapter for less than the applicable rate, fare, or charge; or (3) fraudulently seeks to evade or defeat regulation of motor carriers under this chapter is subject to a civil penalty of not more than one hundred dollars for each violation. Each and every violation is a separate and distinct offense, and in case of a continuing violation every day's continuance is a separate and distinct violation. Every act or omission that procures, aids, or abets in the violation is also a violation under this section and subject to the penalty under this section.
The penalty under this section is due and payable when the person incurring the penalty receives a notice in writing from the commission describing the violation with reasonable particularity and advising the person that the penalty is due. The commission may, upon a written application received within fifteen days, remit or mitigate any penalty under this section or discontinue any prosecution to recover the penalty upon such terms as the commission in its discretion deems proper. The commission may ascertain the facts on all applications. If the penalty is not paid to the commission within fifteen days after receipt of the notice imposing the penalty, or the application for remission or mitigation is not made within fifteen days after the violator has received notice of the disposition of the application, the attorney general shall bring an action in the name of the state of Washington in the superior court of Thurston county or another county where the violator may do business, to recover the penalty. In all such actions, the procedure and rules of evidence are the same as in an ordinary civil action except as otherwise provided in this section. All penalties recovered under this section must be paid into the state treasury and credited to the public service revolving fund.
[ 2007 c 234 § 80; 1980 c 132 § 2; 1961 c 14 § 81.80.230. Prior: 1947 c 264 § 6; Rem. Supp. 1947 § 6382-19a.]
NOTES:
Effective date—1980 c 132: See note following RCW 81.29.020.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.250 - Bond to protect shippers and consignees.

RCW 81.80.250
Bond to protect shippers and consignees.
The commission may require any household goods carrier to file a surety bond, or deposit security, in an amount determined by the commission, that is conditioned on the carrier compensating the shippers and consignees for all money belonging to the shippers and consignees, and coming into the possession of the carrier in connection with its transportation service. Any household goods carrier required by law to compensate a shipper or consignee for any loss, damage, or default, for which a connecting common carrier is legally responsible, must be subrogated to the rights of the shipper or consignee under any bond or deposit of security to the extent of the amount paid.
[ 2007 c 234 § 81; 1961 c 14 § 81.80.250. Prior: 1935 c 184 § 21; RRS § 6382-21.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.260 - Operation in more than one class.

RCW 81.80.260
Operation in more than one class.
It is unlawful for any household goods carrier to operate any vehicle at the same time in more than one class of operation, except upon approval of the commission and a finding that the operation is in the public interest.
An exempt carrier shall not transport property for compensation except as provided under this chapter.
[ 2007 c 234 § 82; 1967 c 69 § 3; 1961 c 14 § 81.80.260. Prior: 1935 c 184 § 22; RRS § 6382-22.]
NOTES:
Severability—1967 c 69: See note following RCW 81.80.010.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.270 - Permits—Acquisition of carrier holding permit—Commission approval—Duties on cessation of operation.

RCW 81.80.270
Permits—Acquisition of carrier holding permit—Commission approval—Duties on cessation of operation.
Permits issued under this chapter are neither irrevocable nor subject to transfer or assignment except upon a proper showing that property rights might be affected thereby, and then in the discretion of the commission.
Any person, partnership, or corporation, singly or in combination with any other person, partnership, or corporation, whether a household goods carrier holding a permit or otherwise, or any combination of such, shall not acquire control or enter into any agreement or arrangement to acquire control of a household goods carrier holding a permit through ownership of its stock or through purchase, lease, or contract to manage the business, or otherwise, except after and with the approval and authorization of the commission. However, upon the dissolution of a partnership, which holds a permit, because of the death, bankruptcy, or withdrawal of a partner where the partner's interest is transferred to his or her spouse or to one or more remaining partners, or in the case of a corporation which holds a permit, in the case of the death of a shareholder where a shareholder's interest upon death is transferred to his or her spouse or to one or more of the remaining shareholders, the commission shall transfer the permit to the newly organized partnership that is substantially composed of the remaining partners, or continue the corporation's permit without hearing and protest. In all other cases, any transaction either directly or indirectly entered into without approval of the commission is void, and it is unlawful for any person seeking to acquire or divest control of the permit to be a party to the transaction without approval of the commission.
Every carrier who ceases operation and abandons his or her rights under the permits issued to him or her shall notify the commission within thirty days of the cessation or abandonment.
[ 2007 c 234 § 83; 1973 c 115 § 12; 1969 ex.s. c 210 § 12; 1965 ex.s. c 134 § 1; 1963 c 59 § 6; 1961 c 14 § 81.80.270. Prior: 1959 c 248 § 24; 1937 c 166 § 18; 1935 c 184 § 23; RRS § 6382-23.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.272 - Transfer of decedent's interest—Temporary continuance of operations.

RCW 81.80.272
Transfer of decedent's interest—Temporary continuance of operations.
Except as otherwise provided in RCW 81.80.270, any permit granted or issued to any household goods carrier under this chapter and held by a person alone or in conjunction with others other than as stockholders in a corporation at the time of his or her death is transferable as any other right or interest of the person's estate subject to the following:
(1) Application for transfer must be made to the commission in a form and contain information prescribed by the commission. The transfer described in the application must be approved if it appears from the application or from any hearing held thereon or from any investigation thereof that the proposed transferee is fit, willing, and able properly to perform the services authorized by the permit to be transferred and to conform to the provisions of this chapter and the requirements, rules, and regulations of the commission, otherwise the application must be denied.
(2) Temporary continuance of motor carrier operations without prior compliance with this section is recognized as justified by the public interest when the personal representatives, heirs, or surviving spouses of deceased persons desire to continue the operations of the carriers whom they succeed in interest subject to reasonable rules and regulations prescribed by the commission.
In case of temporary continuance under this section, the successor shall immediately procure insurance or deposit security as required by RCW 81.80.190.
Immediately upon any temporary continuance of motor carrier operations and in any event not more than thirty days thereafter, the successor shall give notice of the succession by written notice to the commission containing information prescribed by the commission.
[ 2007 c 234 § 84; 1973 c 115 § 13; 1965 ex.s. c 134 § 2.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.280 - Cancellation, suspension, and alteration of permits—Notice by household goods carriers.

RCW 81.80.280
Cancellation, suspension, and alteration of permits—Notice by household goods carriers.
(1) Permits may be canceled, suspended, altered, or amended by the commission upon complaint by any interested party, or upon the commission's own motion after notice and opportunity for hearing, when the permittee or permittee's agent has repeatedly violated this chapter, the rules and regulations of the commission, or the motor laws of this state or of the United States, or the household goods carrier has made unlawful rebates or has not conducted its operation in accordance with the permit. The commission may enjoin any person from any violation of this chapter, or any order, rule, or regulation made by the commission pursuant to the terms hereof. If the suit is instituted by the commission, a bond is not required as a condition to the issuance of the injunction.
(2) When the commission has canceled a household goods carrier permit, the carrier must, when directed by the commission, provide notice to every customer that its permit has been canceled, and provide proof of such notice to the commission.
[ 2009 c 94 § 7; 2007 c 234 § 85; 1987 c 209 § 1; 1961 c 14 § 81.80.280. Prior: 1935 c 184 § 24; RRS § 6382-24.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.290 - Rules and regulations.

RCW 81.80.290
Rules and regulations.
The commission shall have power and authority, by general order or otherwise, to prescribe rules and regulations in conformity with this chapter to carry out the purposes thereof, applicable to any and all "motor carriers," or to any persons transporting property by motor vehicle for compensation even though they do not come within the term "motor carrier" as herein defined.
The commission shall mail each holder of a permit under this chapter a copy of such rules and regulations.
[ 1961 c 14 § 81.80.290. Prior: 1935 c 184 § 25; RRS § 6382-25.]
NOTES:
Violation of rules pertaining to vehicle equipment on motor carriers transporting hazardous material: RCW 46.48.175.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.305 - Markings required—Exemptions.

RCW 81.80.305
Markings required—Exemptions.
(1) All motor vehicles, other than those exempt under subsection (2) of this section, must display a permanent marking identifying the name or number, or both, on each side of the power units. For a motor vehicle that is a common or contract carrier under permit by the commission as described in subsection (3)(a) of this section, a private carrier under subsection (4) of this section, or a leased carrier as described in subsection (5) of this section, any required identification that is added, modified, or renewed after September 1, 1991, must be displayed on the driver and passenger doors of the power unit. The identification must be in a clearly legible style with letters no less than three inches high and in a color contrasting with the surrounding body panel.
(2) This section does not apply to (a) vehicles exempt under RCW 81.80.040, and (b) vehicles operated by private carriers that singly or in combination are less than thirty-six thousand pounds gross vehicle weight.
(3) If the motor vehicle is operated as (a) a common or contract carrier under a permit by the commission, the identification must contain the name of the permittee, or business name, and the permit number, or (b) a common or contract carrier holding both intrastate and interstate authority, the identification may be either the commission permit number or the federal vehicle marking requirement established by the United States department of transportation for interstate motor carriers.
(4) If the motor vehicle is a private carrier, the identification must contain the name and address of either the business operating the vehicle or the registered owner.
(5) If the motor vehicle is operated under lease, the vehicle must display either permanent markings or placards on the driver and passenger doors of the power unit. A motor vehicle under lease (a) that is operated as a common or contract carrier under permit by the commission must display identification as provided in subsection (3)(a) of this section, and (b) that is operated as a private carrier must display identification as provided in subsection (4) of this section.
[ 2007 c 234 § 86; 1991 c 241 § 1.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.321 - Regulatory fee—Based on gross income—Legislative intent—Delinquent fee payments—Public service revolving fund.

RCW 81.80.321
Regulatory fee—Based on gross income—Legislative intent—Delinquent fee payments—Public service revolving fund.
In addition to all other fees to be paid, a common carrier and contract carrier shall pay a regulatory fee of no more than 0.0025 of its gross income from intrastate operations for the previous calendar year, or such other period as the commission designates by rule. The carrier shall pay the fee no later than four months after the end of the appropriate period and shall include with the payment such information as the commission requires by rule.
The legislature intends that the fees collected under this chapter shall reasonably approximate the cost of supervising and regulating motor carriers subject to this chapter, and to that end the commission may by general order decrease fees provided in this section if it determines that the moneys then in the motor carrier account of the public service revolving fund and the fees currently to be paid will exceed the reasonable cost of supervising and regulating carriers.
Any payment of the fee imposed by this section made after its due date shall include a late fee of two percent of the amount due. Delinquent fees shall accrue interest at the rate of one percent per month.
All fees collected under any other provision of this chapter must be paid to the commission. The commission shall transmit the fees to the state treasurer within thirty days for deposit to the credit of the public service revolving fund.
[ 1994 c 83 § 4; 1993 c 97 § 3.]
NOTES:
Effective date—1993 c 97 §§ 2, 3, and 7: "Sections 2, 3, and 7 of this act take effect January 1, 1994." [ 1993 c 97 § 8.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.330 - Enforcement of chapter.

RCW 81.80.330
Enforcement of chapter.
The commission may administer and enforce all provisions of this chapter and inspect the vehicles, books, and documents of all motor carriers and the books, documents, and records of those using the service of the carriers for the purpose of discovering all discriminations and rebates and other information pertaining to the enforcement of this chapter and shall prosecute violations thereof. The commission shall employ auditors, inspectors, clerks, and assistants necessary for the enforcement of this chapter. 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 Washington state patrol and the sheriffs of the counties shall make arrests and the county attorneys shall prosecute violations of this chapter.
[ 2007 c 234 § 87; 1995 c 272 § 5; 1980 c 132 § 3; 1961 c 14 § 81.80.330. Prior: 1935 c 184 § 29; RRS § 6382-29.]
NOTES:
Effective dates—1995 c 272: See note following RCW 46.32.080.
Effective date—1980 c 132: See note following RCW 81.29.020.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.345 - Venue—Hearings on applications.

RCW 81.80.345
Venue—Hearings on applications.
Hearings on applications shall be heard in the county or adjoining county for which authority to operate is being applied. If more than one county is involved, the commission may hold the hearings at a location that will afford the greatest opportunity for testimony by witnesses representing the area for which authority to operate is being applied.
[ 1988 c 58 § 1; 1963 c 242 § 3.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.355 - Unlawful advertising—Penalty.

RCW 81.80.355
Unlawful advertising—Penalty.
Any person not holding a permit authorizing him or her to operate as a common carrier, contract carrier, or temporary carrier for the transportation of property for compensation in this state, or an exempt carrier, who displays on any building, vehicle, billboard, or in any manner, any advertisement of, or by circular, letter, newspaper, magazine, poster, card, or telephone directory, advertises the transportation of property for compensation shall be guilty of a misdemeanor and punishable as such.
[ 2013 c 23 § 309; 1961 c 14 § 81.80.355. Prior: 1957 c 205 § 8; 1953 c 95 § 22.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.357 - Advertising—Household goods—Permit number required—Penalty.

RCW 81.80.357
Advertising—Household goods—Permit number required—Penalty.
(1) No person in the business of transporting household goods as defined by the commission in intrastate commerce shall advertise without listing the carrier's Washington utilities and transportation commission permit number, physical address, and telephone number in the advertisement.
(2) All advertising, contracts, correspondence, cards, signs, posters, papers, and documents, including websites or other online advertising, which show a household goods carrier name shall also show the carrier's Washington utilities and transportation commission permit number, physical address, and telephone number. The alphabetized listing of household goods carriers appearing in the advertising sections of telephone books or other directories and all advertising that shows the carrier's name or address shall show the carrier's current Washington utilities and transportation commission permit number.
(3) Radio or television advertising need not contain the carrier's Washington utilities and transportation commission permit number if the carrier provides its permit number, physical address, and telephone number to the person selling the advertisement and it is recorded in the advertising contract.
(4) No person shall falsify a Washington utilities and transportation commission permit number or use a false or inaccurate Washington utilities and transportation commission permit number in connection with any solicitation or identification as an authorized household goods carrier.
(5) If, upon investigation, the commission determines that a household goods carrier or person acting in the capacity of a household goods carrier has violated this section, the commission may issue a penalty not to exceed five hundred dollars for every violation.
[ 2009 c 94 § 6; 1994 c 168 § 1.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.360 - Procedure—Penalties—General statute invoked.

RCW 81.80.360
Procedure—Penalties—General statute invoked.
All applicable provisions of this title, relating to procedure, powers of the department and penalties, shall apply to the operation and regulation of persons under this chapter, except insofar as such provisions may conflict with provisions of this chapter and rules and regulations issued thereunder by the commission.
[ 1961 c 14 § 81.80.360. Prior: 1937 c 166 § 22; RRS § 6382-31a.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.370 - Application to interstate and foreign commerce.

RCW 81.80.370
Application to interstate and foreign commerce.
This chapter applies to persons and motor vehicles engaged in interstate or foreign commerce to the full extent permitted by the Constitution and laws of the United States.
[ 2007 c 234 § 88; 1961 c 14 § 81.80.370. Prior: 1935 c 184 § 32; RRS § 6382-32.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.371 - Federal authority and registration for compensatory services.

RCW 81.80.371
Federal authority and registration for compensatory services.
It is unlawful for any motor carrier to perform a transportation service for compensation upon the public highways of this state without first having secured appropriate federal authority from the United States department of transportation, if the authority is required, and without first having registered with the commission either directly or through a federally authorized uniform registration program.
[ 2007 c 234 § 89; 1963 c 59 § 9.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.372 - Rights or privileges for compensatory services.

RCW 81.80.372
Rights or privileges for compensatory services.
This chapter does not confer on any person or persons the exclusive right or privilege of transporting property for compensation over the public highways of the state.
[ 2009 c 94 § 5.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.430 - Brokers and forwarders.

RCW 81.80.430
Brokers and forwarders.
(1) A person who provides brokering or forwarding services for the transportation of property in intrastate commerce shall file with the commission and keep in effect, a surety bond or deposit of satisfactory security, in a sum to be determined by the commission, but not less than five thousand dollars, conditioned upon the broker or forwarder compensating shippers, consignees, and carriers for all moneys belonging to them and coming into the broker's or forwarder's possession in connection with the transportation service.
(2) Failure to file the bond or deposit security is sufficient cause for the commission to refuse to grant the application for a permit or registration. Failure to maintain the bond or the deposit of security is sufficient cause for cancellation of a permit or registration.
[ 2007 c 234 § 90; 1991 c 146 § 1; 1990 c 109 § 1; 1989 c 60 § 2; 1988 c 31 § 2.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.470 - Recyclable materials collection and transportation—Construction.

RCW 81.80.470
Recyclable materials collection and transportation—Construction.
(1) The collection or transportation of recyclable materials from a drop box or recycling buy-back center, or collection or transportation of recyclable materials by or on behalf of a commercial or industrial generator of recyclable materials to a recycler for use or reclamation is subject to regulation under this chapter.
(2) Nothing in this chapter changes RCW 81.77.010(8), to allow any entity, other than a solid waste collection company authorized by the commission or an entity collecting solid waste from a city or town under chapter 35.21 or 35A.21 RCW, to collect solid waste that may incidentally contain recyclable materials.
[ 2007 c 234 § 91.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 81.80.900
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 188.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.84 - Commercial Ferries. › 81.84.025 - Certificate—Insurance or bond required—Amounts.

RCW 81.84.025
Certificate—Insurance or bond required—Amounts.
The commission, in granting a certificate to operate as a commercial ferry, shall require the operator to first obtain liability and property damage insurance from a company licensed to write liability insurance in the state or a surety bond of a company licensed to write surety bonds in the state, on each vessel or ferry to be used, in the amount of not less than one hundred thousand dollars for any recovery for personal injury by one person, and not less than one million dollars and in such additional amount as the commission shall determine, for all persons receiving personal injury and property damage by reason of one act of negligence, and not less than fifty thousand dollars for damage to property of any person other than the insured; or combined bodily injury and property damage liability insurance of not less than one million dollars, and to maintain such liability and property damage insurance or surety bond in force on each vessel or ferry while so used. Each policy for liability or property damage insurance or surety bond required by this section must be filed with the commission and kept in full force and effect, and failure to do so is cause for revocation of the operator's certificate.
[ 1993 c 427 § 4.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.84 - Commercial Ferries. › 81.84.030 - Certificate—Transfer.

RCW 81.84.030
Certificate—Transfer.
No certificate or any right or privilege thereunder held, owned, or obtained under the provisions of this chapter shall be sold, assigned, leased, mortgaged, or in any manner transferred, either by the act of the parties or by operation of law, except upon authorization by the commission first obtained.
[ 1993 c 427 § 5; 1961 c 14 § 81.84.030. Prior: 1950 ex.s. c 6 § 1, part; 1927 c 248 § 1, part; RRS § 10361-1, part.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.84 - Commercial Ferries. › 81.84.040 - Filing fees.

RCW 81.84.040
Filing fees.
Any application for a certificate of public convenience and necessity or amendment thereof, or application to sell, lease, mortgage, or transfer a certificate of public convenience and necessity or any interest therein, shall be accompanied by such filing fee as the commission may prescribe by rule: PROVIDED, That such fee shall not exceed two hundred dollars.
[ 1973 c 115 § 14; 1961 c 14 § 81.84.040. Prior: 1955 c 125 § 10; prior: 1939 c 123 § 3, part; 1937 c 158 § 4, part; RRS § 10417-3, part.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.84 - Commercial Ferries. › 81.84.050 - Penalties—Remission, mitigation.

RCW 81.84.050
Penalties—Remission, mitigation.
Every commercial ferry and every officer, agent, or employee of any commercial ferry who violates or who procures, aids, or abets in the violation of any provision of this title, or any order, rule, regulation, or decision of the commission shall incur a penalty of one hundred dollars for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation every day's continuance shall be and be deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids, or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty herein provided for.
The penalty herein provided for shall become due and payable when the person incurring the same receives a notice in writing from the commission describing such violation with reasonable particularity and advising such person that the penalty is due.
The commission may, upon written application therefor, received within fifteen days, remit or mitigate any penalty provided for in this section or discontinue any prosecution to recover the same upon such terms as it in its discretion shall deem proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as it may deem proper.
If the amount of such penalty is not paid to the commission within fifteen days after receipt of notice imposing the same or, if application for remission or mitigation has not been made, within fifteen days after the violator has received notice of the disposition of such application, the attorney general shall bring an action to recover the penalty in the name of the state of Washington in the superior court of Thurston county or of some other county in which such violator may do business. In all such actions the procedure and rules of evidence shall be the same as in ordinary civil actions except as otherwise herein provided. All penalties recovered by the state under this chapter shall be paid into the state treasury and credited to the public service revolving fund.
[ 1993 c 427 § 6; 1961 c 14 § 81.84.050. Prior: 1937 c 169 § 6; RRS § 10361-2.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.84 - Commercial Ferries. › 81.84.060 - Certificate—Grounds for cancellation, revocation, suspension, alteration, or amendment.

RCW 81.84.060
Certificate—Grounds for cancellation, revocation, suspension, alteration, or amendment.
The commission, upon complaint by an interested party, or upon its own motion after notice and opportunity for hearing, may cancel, revoke, suspend, alter, or amend a certificate issued under this chapter on any of the following grounds:
(1) Failure of the certificate holder to initiate service by the conclusion of the fifth year after the certificate has been granted or by the conclusion of an extension granted under *RCW 81.84.010(2), if the commission has considered the progress report information required under *RCW 81.84.010(2);
(2) Failure of a certificate holder for passenger-only ferry service in Puget Sound to initiate service by the conclusion of the twentieth month after the certificate has been granted;
(3) Failure of the certificate holder to file an annual report;
(4) The filing by a certificate holder of an annual report that shows no revenue in the previous twelve-month period after service has been initiated;
(5) The violation of any provision of this chapter;
(6) The violation of or failure to observe the provisions or conditions of the certificate or tariffs;
(7) The violation of an order, decision, rule, regulation, or requirement established by the commission under this chapter;
(8) Failure of a certificate holder to maintain the required insurance coverage in full force and effect; or
(9) Failure or refusal to furnish reasonable and adequate service after initiating service.
The commission shall take appropriate action within thirty days upon a complaint by an interested party or of its own finding that a provision of this section has been violated.
[ 2007 c 234 § 97; 2003 c 373 § 6; 2003 c 83 § 213; 1993 c 427 § 7.]
NOTES:
*Reviser's note: RCW 81.84.010 was amended by 2009 c 557 § 2, changing subsection (2) to subsection (4).
Findings—Intent—2003 c 373: See note following RCW 47.64.090.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.84 - Commercial Ferries. › 81.84.070 - Temporary certificate—Immediate and urgent need—Waiver of provisions during state of emergency.

RCW 81.84.070
Temporary certificate—Immediate and urgent need—Waiver of provisions during state of emergency.
The commission may, with or without a hearing, issue temporary certificates to operate under this chapter, but only after it finds that the issuance of the temporary certificate is necessary due to an immediate and urgent need and is otherwise consistent with the public interest. The certificate may be issued for a period of up to one hundred eighty days. The commission may prescribe such special rules and impose special terms and conditions on the granting of the certificate as in its judgment are reasonable and necessary in carrying out this chapter. The commission shall collect a filing fee, not to exceed two hundred dollars, for each application for a temporary certificate. The commission shall not issue a temporary certificate to operate on a route for which a certificate has been issued or for which an application by another commercial ferry operator is pending.
During a state of emergency declared under RCW 43.06.010(12), the governor may waive or suspend the operation or enforcement of this section or any portion of this section or under any administrative rule, and issue any orders to facilitate the operation of state or local government or to promote and secure the safety and protection of the civilian population.
[ 2008 c 181 § 416; 1993 c 427 § 8.]
NOTES:
Part headings not law—2008 c 181: See note following RCW 43.06.220.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.88 - Gas and Hazardous Liquid Pipelines. › 81.88.005 - Intent—Findings.

RCW 81.88.005
Intent—Findings.
(1) The intent of chapter 191, Laws of 2000 is to protect the health and safety of the citizens of the state of Washington and the quality of the state's environment by developing and implementing environmental and public safety measures applicable to persons transporting hazardous liquids and gas by pipeline within the state of Washington. The legislature finds that public safety and the environment may best be protected by adopting standards that are equal to, or more stringent than, those adopted by the federal government, so long as they do not impermissibly interfere with interstate commerce.
(2) The legislature recognizes that additional federal authority is needed to implement a comprehensive pipeline safety program and by chapter 191, Laws of 2000 and other measures directs the state to seek that authority.
(3) It is also the intent of the legislature that the governor work with the state congressional delegation in seeking:
(a) To amend the federal pipeline safety act to delegate authority to qualified states to adopt and enforce standards equal to or more stringent than federal standards;
(b) State authority to administer and enforce federal requirements related to pipeline safety; and
(c) Higher levels of funding for state and federal pipeline safety activities and for states to respond to pipeline accident emergencies.
(4) While the legislature acknowledges that serious accidents have occurred for hazardous liquid and gas pipelines in this nation and elsewhere, it recognizes that there are fundamental differences between hazardous liquid pipelines and gas pipelines and that a different system of safety regulations must be applied for each kind of pipeline.
[ 2000 c 191 § 1.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.88 - Gas and Hazardous Liquid Pipelines. › 81.88.020 - Pipeline corporations—Regulation—Eminent domain.

RCW 81.88.020
Pipeline corporations—Regulation—Eminent domain.
All corporations having for one of their principal purposes the construction, maintenance and operation of pipelines and appurtenances for the conveyance and transportation as common carriers of oils, gas, gasoline and other petroleum products shall be subject to control and regulation by the commission in the same manner and to the same extent as other public service corporations. The power of eminent domain is hereby conferred upon such corporations to be used for acquiring rights-of-way for common carrier pipelines and they shall have the right to condemn and appropriate lands and property and interests therein for their use under the same procedure as is provided for the condemnation and appropriation of private property by railway companies, but no private property shall be taken or damaged until the compensation to be made therefor shall have been ascertained and paid as provided in the case of condemnation and appropriation by railway companies. Any property or interest therein acquired by any corporation under the provisions of this section by the exercise of the right of eminent domain shall be used exclusively for the purposes for which it was acquired. In all actions brought under this section to enforce the right of eminent domain, courts wherein such actions are brought may give such actions preference over all other civil actions in the matter of setting the same for hearing or trial and in hearing the same.
[ 1961 c 14 § 81.88.020. Prior: 1951 c 94 § 2; 1915 c 132 § 2; RRS § 9965.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.88 - Gas and Hazardous Liquid Pipelines. › 81.88.030 - Pipeline carriers regulated as common carriers.

RCW 81.88.030
Pipeline carriers regulated as common carriers.
Every person, copartnership, corporation or other association now or hereafter engaged in the business of producing from natural deposits and/or carrying or transporting natural gas and/or crude oil or petroleum or the products thereof for hire, by pipelines within this state shall be a common carrier within the meaning and subject to the provisions of this title: PROVIDED, HOWEVER, That the provisions of this section shall not apply to distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail.
[ 1961 c 14 § 81.88.030. Prior: 1933 ex.s. c 61 § 1; RRS § 9965-1.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.88 - Gas and Hazardous Liquid Pipelines. › 81.88.040 - Violations—Rules—Penalties—Injunctive relief.

RCW 81.88.040
Violations—Rules—Penalties—Injunctive relief.
(1) A person, officer, agent, or employee of a pipeline company who, as an individual or acting as an officer, agent, or employee of such a company, violates or fails to comply with this chapter or a rule adopted under RCW 81.88.060 or 81.88.065, or who procures, aids, or abets another person or entity in the violation of or noncompliance with this chapter or a rule adopted under RCW 81.88.060 or 81.88.065, is guilty of a gross misdemeanor.
(2)(a) A pipeline company, or any person, officer, agent, or employee of a pipeline company that violates a provision of this chapter, or a rule adopted under RCW 81.88.060 or 81.88.065, is subject to a civil penalty to be assessed by the commission.
(b) The commission shall adopt rules: (i) Setting penalty amounts, but may not exceed the penalties specified in the federal pipeline safety laws, 49 U.S.C. Sec. 60101 et seq.; and (ii) establishing procedures for mitigating penalties assessed.
(c) In determining the amount of the penalty in a particular instance, the commission shall consider: (i) The appropriateness of the penalty in relation to the position of the person charged with the violation; (ii) the gravity of the violation; and (iii) the good faith of the person or company charged in attempting to achieve compliance after notification of the violation.
(d) The amount of the penalty may be recovered in a civil action in the superior court of Thurston county or of some other county in which the violator may do business. In all actions for recovery, the rules of evidence shall be the same as in ordinary civil actions. All penalties recovered under this section must be paid into the state treasury and credited to the pipeline safety account.
(3) The commission shall adopt rules incorporating by reference other substances designated as hazardous by the secretary of transportation under 49 U.S.C. Sec. 60101(a)(4).
(4) The commission may seek injunctive relief to enforce the provisions of this chapter.
(5) Nothing in this section duplicates the authority of the energy facility site evaluation council under chapter 80.50 RCW.
[ 2007 c 142 § 2; 2000 c 191 § 3; 1998 c 123 § 1.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.88 - Gas and Hazardous Liquid Pipelines. › 81.88.050 - Pipeline safety account.

RCW 81.88.050
Pipeline safety account.
The pipeline safety account is created in the custody of the state treasurer. All fees received by the commission for the pipeline safety program according to RCW 80.24.060 and 81.24.090 and all receipts from the federal office of pipeline safety and any other state or federal funds provided for pipeline safety shall be deposited in the account. Any penalties collected under this chapter, or otherwise designated to this account must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for funding pipeline safety.
[ 2007 c 142 § 3; 2001 c 238 § 7; 2000 c 191 § 4.]
NOTES:
Intent—Finding—Effective date—2001 c 238: See notes following RCW 80.24.060.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.88 - Gas and Hazardous Liquid Pipelines. › 81.88.060 - Hazardous liquid pipelines—Safety—Commission's duties.

RCW 81.88.060
Hazardous liquid pipelines—Safety—Commission's duties.
(1) Each hazardous liquid pipeline company shall design, construct, operate, and maintain its hazardous liquid pipeline so that it is safe and efficient. Each hazardous liquid pipeline company is responsible for the conduct of its contractors regarding compliance with pipeline safety requirements.
(2) The commission shall develop and administer a comprehensive program of pipeline safety in accordance with this chapter.
(3) The commission may adopt rules to carry out the purposes of this chapter as long as the rules are compatible with minimum federal requirements.
(4) The commission shall coordinate information related to hazardous liquid pipeline safety by providing technical assistance to local planning and siting authorities.
[ 2007 c 142 § 4; 2001 c 238 § 9; 2000 c 191 § 5.]
NOTES:
Intent—Finding—Effective date—2001 c 238: See notes following RCW 80.24.060.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.88 - Gas and Hazardous Liquid Pipelines. › 81.88.065 - Gas pipelines—Safety—Commission's duties.

RCW 81.88.065
Gas pipelines—Safety—Commission's duties.
(1) Each gas pipeline company shall design, construct, operate, and maintain its gas pipeline so that it is safe and efficient. Each gas pipeline company is responsible for the conduct of its contractors regarding compliance with pipeline safety requirements.
(2) The commission shall develop and administer a comprehensive program of gas pipeline safety in accordance with this chapter.
(3) The commission may adopt rules to carry out the purposes of this chapter as long as the rules are compatible with minimum federal requirements.
(4) The commission shall coordinate information related to natural gas pipeline safety by providing technical assistance to local planning and siting authorities.
[ 2007 c 142 § 5.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.88 - Gas and Hazardous Liquid Pipelines. › 81.88.070 - Prevention of third-party excavation damage—Development and distribution of training curricula.

RCW 81.88.070
Prevention of third-party excavation damage—Development and distribution of training curricula.
(1) The commission shall develop, in consultation with representatives of hazardous liquid pipeline companies, gas pipeline companies, local governments, and the excavation and construction industries: (a) A curricula aimed at the prevention of third-party excavation damage to hazardous liquid pipelines and gas pipelines; and (b) a plan for distribution of the curricula.
(2) The curricula shall include training on:
(a) Prevention of damage to hazardous liquid and gas pipelines;
(b) The danger involved if a hazardous liquid or gas pipeline is damaged;
(c) The significance of hazardous liquid or gas pipeline damage that does not cause immediate failure; and
(d) The importance of immediately reporting damage to a hazardous liquid or gas pipeline and the importance of immediately repairing a damaged hazardous liquid or gas pipeline.
[ 2000 c 191 § 6.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.88 - Gas and Hazardous Liquid Pipelines. › 81.88.080 - Pipeline mapping system—Commission specifications and evaluations.

RCW 81.88.080
Pipeline mapping system—Commission specifications and evaluations.
(1) The commission shall require hazardous liquid pipeline companies, and gas pipeline companies with interstate pipelines, or gas pipelines operating over two hundred fifty pounds per square inch gauge, to provide accurate maps of these pipelines to specifications developed by the commission sufficient to meet the needs of first responders.
(2) The commission shall evaluate the sufficiency of the maps and consolidate the maps into a statewide geographic information system. The commission shall assist local governments in obtaining hazardous liquid and gas pipeline location information and maps. The maps shall be made available to the one-number locator services as provided in chapter 19.122 RCW. The mapping system shall be consistent with the United States department of transportation national pipeline mapping program.
(3) The commission shall periodically update the mapping system.
[ 2007 c 142 § 6; 2000 c 191 § 7.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.88 - Gas and Hazardous Liquid Pipelines. › 81.88.090 - Federal certification for pipeline safety program—Commission's duties.

RCW 81.88.090
Federal certification for pipeline safety program—Commission's duties.
The commission shall maintain federal certification for the state's pipeline safety program. The commission, at a minimum, shall do the following:
(1) Inspect hazardous liquid pipelines and gas pipelines periodically as specified in the inspection program;
(2) Collect fees;
(3) Order and oversee the testing of hazardous liquid pipelines and gas pipelines as authorized by federal law and regulation; and
(4) File reports with the United States secretary of transportation as required to maintain federal certification.
[ 2007 c 142 § 7; 2001 c 238 § 10; 2000 c 191 § 9.]
NOTES:
Intent—Finding—Effective date—2001 c 238: See notes following RCW 80.24.060.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.88 - Gas and Hazardous Liquid Pipelines. › 81.88.100 - Commission inspection of records, maps, or written procedures.

RCW 81.88.100
Commission inspection of records, maps, or written procedures.
The commission may inspect any record, map, or written procedure required by federal law to be kept by a pipeline company concerning releases, and the design, construction, testing, or operation and maintenance of pipelines. Nothing in this section affects the commission's access to records under any other provision of law.
[ 2007 c 142 § 8; 2000 c 191 § 11.]