reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.010 - Definitions.

RCW 81.77.010
Definitions.
As used in this chapter:
(1) "Common carrier" means any person who collects and transports solid waste for disposal by motor vehicle for compensation, whether over regular or irregular routes, or by regular or irregular schedules;
(2) "Contract carrier" means all solid waste transporters not included under the terms "common carrier" and "private carrier," as defined in this section, and further, includes any person who under special and individual contracts or agreements transports solid waste by motor vehicle for compensation;
(3) When the phrase "garbage and refuse" is used as a qualifying phrase or otherwise, it means "solid waste";
(4) "Motor vehicle" means any truck, trailer, semitrailer, tractor, or any self-propelled or motor-driven vehicle used upon any public highway of this state for the purpose of transporting solid waste, for the collection or disposal, or both, of solid waste;
(5) "Private carrier" means a person who, in his or her own vehicle, transports solid waste purely as an incidental adjunct to some other established private business owned or operated by the person in good faith. A person who transports solid waste from residential sources in a vehicle designed or used primarily for the transport of solid waste is not a private carrier;
(6) "Public highway" means every street, road, or highway in this state;
(7) "Solid waste" means the same as defined under RCW 70A.205.015, except for the purposes of this chapter solid waste does not include recyclable materials except for source separated recyclable materials collected from residences;
(8) "Solid waste collection" does not include collecting or transporting recyclable materials from a drop-box or recycling buy-back center, or collecting or transporting recyclable materials by or on behalf of a commercial or industrial generator of recyclable materials to a recycler for use or reclamation. Transportation of these materials is regulated under chapter 81.80 RCW;
(9) "Solid waste collection company" means every person or his or her lessees, receivers, or trustees, owning, controlling, operating, or managing vehicles used in the business of transporting solid waste for collection or disposal, or both, for compensation, except septic tank pumpers, over any public highway in this state as a "common carrier" or as a "contract carrier"; and
(10) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any solid waste is or may be transported or drawn upon a public highway, except devices moved by human or animal power or used exclusively upon stationary rail or tracks.
[ 2020 c 20 § 1466; 2007 c 234 § 65; 1989 c 431 § 17; 1961 c 295 § 2.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.020 - Compliance with chapter required—Exemption for cities.

RCW 81.77.020
Compliance with chapter required—Exemption for cities.
No person, his or her lessees, receivers, or trustees, shall engage in the business of operating as a solid waste collection company in this state, except in accordance with the provisions of this chapter: PROVIDED, That the provisions of this chapter shall not apply to the operations of any solid waste collection company under a contract of solid waste disposal with any city or town, nor to any city or town which itself undertakes the disposal of solid waste.
[ 2013 c 23 § 307; 1989 c 431 § 18; 1961 c 295 § 3.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.0201 - Jurisdiction of commission upon discontinuation of jurisdiction by municipality.

RCW 81.77.0201
Jurisdiction of commission upon discontinuation of jurisdiction by municipality.
A city, town, or combined city-county may at any time reverse its decision to exercise its authority under RCW 81.77.020. In such an event, the commission shall issue a certificate to the last holder of a valid commission certificate of public convenience and necessity, or its successors or assigns, for the area reverting to commission jurisdiction. If there was no certificate existing for the area, or the previous holder was compensated for its certificate property right, the commission shall consider applications for authority under RCW 81.77.040.
[ 1997 c 171 § 4.]
NOTES:
Severability—1997 c 171: See note following RCW 35.02.160.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.030 - Supervision and regulation by commission.

RCW 81.77.030
Supervision and regulation by commission.
The commission shall supervise and regulate every solid waste collection company in this state,
(1) By fixing and altering its rates, charges, classifications, rules and regulations;
(2) By regulating the accounts, service, and safety of operations;
(3) By requiring the filing of annual and other reports and data;
(4) By supervising and regulating such persons or companies in all other matters affecting the relationship between them and the public which they serve;
(5) By requiring compliance with local solid waste management plans and related implementation ordinances;
(6) By requiring certificate holders under chapter 81.77 RCW to use rate structures and billing systems consistent with the solid waste management priorities set forth under RCW 70A.205.005 and the minimum levels of solid waste collection and recycling services pursuant to local comprehensive solid waste management plans. The commission may order consolidated billing and provide for reasonable and necessary expenses to be paid to the administering company if more than one certificate is granted in an area.
The commission, on complaint made on its own motion or by an aggrieved party, at any time, after providing the holder of any certificate with notice and an opportunity for a hearing at which it shall be proven that the holder has willfully violated or refused to observe any of the commission's orders, rules, or regulations, or has failed to operate as a solid waste collection company for a period of at least one year preceding the filing of the complaint, may suspend, revoke, alter, or amend any certificate issued under the provisions of this chapter.
[ 2020 c 20 § 1467; 2005 c 121 § 5; 1989 c 431 § 20; 1987 c 239 § 1; 1965 ex.s. c 105 § 1; 1961 c 295 § 4.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.050 - Filing fees.

RCW 81.77.050
Filing fees.
Any application for a certificate issued under this chapter or amendment thereof, or application to sell, lease, mortgage, or transfer a certificate issued under this chapter 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.
[ 1989 c 431 § 22; 1973 c 115 § 9; 1961 c 295 § 6.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.060 - Liability and property damage insurance—Surety bond.

RCW 81.77.060
Liability and property damage insurance—Surety bond.
The commission, in granting certificates to operate a solid waste collection company, shall require the owner or operator to first procure liability and property damage insurance from a company licensed to make liability insurance in the state or a surety bond of a company licensed to write surety bonds in the state, on each motor propelled vehicle used or to be used in transporting solid waste for compensation in the amount of not less than twenty-five thousand dollars for any recovery for personal injury by one person, and not less than ten thousand dollars and in such additional amount as the commission shall determine, for all persons receiving personal injury by reason of one act of negligence, and not less than ten thousand dollars for damage to property of any person other than the assured, and to maintain such liability and property damage insurance or surety bond in force on each motor propelled vehicle while so used. Each policy for liability or property damage insurance or surety bond required herein shall be filed with the commission and kept in full force and effect and failure so to do shall be cause for revocation of the delinquent's certificate.
[ 1989 c 431 § 23; 1961 c 295 § 7.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.080 - Companies to file reports of gross operating revenue and pay fees—Legislative intent—Disposition of revenue.

RCW 81.77.080
Companies to file reports of gross operating revenue and pay fees—Legislative intent—Disposition of revenue.
Every solid waste collection company shall, on or before the date specified by the commission for filing annual reports under RCW 81.04.080, file with the commission a statement on oath showing its gross operating revenue from intrastate operations for the preceding calendar year, or portion thereof, and pay to the commission a fee equal to one percent of the amount of gross operating revenue: PROVIDED, That the commission may, by rule, set minimum fees that do not exceed the cost of collecting the fees. The commission may by rule waive any or all of the minimum fee established pursuant to this section.
It is the intent of the legislature that the fees collected under the provisions of this chapter shall reasonably approximate the cost of supervising and regulating motor carriers subject thereto, and to that end the utilities and transportation commission is authorized to decrease the schedule of fees provided in this section by general order entered before March 1st of any year in which it determines that the moneys then in the solid waste collection companies account of the public service revolving fund and the fees currently to be paid will exceed the reasonable cost of supervising and regulating such carriers.
All fees collected under this section or under any other provision of this chapter shall be paid to the commission and shall be by it transmitted to the state treasurer within thirty days to be deposited to the credit of the public service revolving fund.
[ 2003 c 296 § 5; 1989 c 431 § 24; 1971 ex.s. c 143 § 3; 1969 ex.s. c 210 § 11; 1963 c 59 § 12; 1961 c 295 § 9.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.090 - Penalty.

RCW 81.77.090
Penalty.
(1) Every person who violates or fails to comply with, or who procures, aids, or abets in the violation of any provisions of this chapter, or who fails to obey, or comply with any order, decision, rule, regulation, direction, demand, or requirement of the commission, or any part or provision thereof, is guilty of a gross misdemeanor.
(2) Each advertisement reproduced, broadcast, or displayed via a particular medium constitutes a separate violation under this chapter.
[ 2010 c 24 § 2; 1961 c 295 § 10.]
NOTES:
Effective date—2010 c 24: See note following RCW 81.77.040.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.100 - Application to foreign or interstate commerce—Regulation of solid waste collection companies.

RCW 81.77.100
Application to foreign or interstate commerce—Regulation of solid waste collection companies.
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.
To protect public health and safety and to ensure solid waste collection services are provided to all areas of the state, the commission, in accordance with this chapter, shall regulate all solid waste collection companies conducting business in the state.
[ 2007 c 234 § 67; 1989 c 431 § 25; 1985 c 436 § 2; 1961 c 295 § 11.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.110 - Temporary certificates.

RCW 81.77.110
Temporary certificates.
The commission may with or without a hearing issue temporary certificates to engage in the business of operating a solid waste collection company, but only after it finds that the issuance of such temporary certificate is consistent with the public interest. Such temporary certificate may be issued for a period up to one hundred eighty days where the area or territory covered thereby is not contained in the certificate of any other solid waste collection company. In all other cases such temporary certificate may be issued for a period not to exceed one hundred twenty days. The commission may prescribe such special rules and regulations and impose such special terms and conditions with reference thereto as in its judgment are reasonable and necessary in carrying out the provisions of this chapter. The commission shall collect a fee of twenty-five dollars for an application for such temporary certificate.
[ 1989 c 431 § 26; 1965 ex.s. c 105 § 2.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.120 - Service to unincorporated areas of counties.

RCW 81.77.120
Service to unincorporated areas of counties.
A county legislative authority shall periodically comment to the commission in writing concerning the authority's perception of the adequacy of service being provided by regulated franchisees serving the unincorporated areas of the county. The county legislative authority shall also receive and forward to the commission all letters of comment on services provided by regulated franchise holder(s) serving unincorporated areas of the county. Any such written comments or letters shall become part of the record of any rate, compliance, or any other hearing held by the commission on the issuance, revocation, or reissuance of a certificate provided for in RCW 81.77.040.
[ 1987 c 239 § 3.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.130 - Application of chapter to collection or transportation of source separated recyclable materials.

RCW 81.77.130
Application of chapter to collection or transportation of source separated recyclable materials.
The provisions of chapter 81.77 RCW shall not apply to the collection or transportation of source separated recyclable materials from residences under a contract with any county, city, or town, nor to any city or town which itself undertakes the collection and transportation of source separated recyclable materials from residences.
[ 1989 c 431 § 19.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.140 - Application of chapter—Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation.

RCW 81.77.140
Application of chapter—Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation.
Nothing in this chapter shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation.
[ 1989 c 431 § 31.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.160 - Pass-through rates—Rules.

RCW 81.77.160
Pass-through rates—Rules.
(1) The commission, in fixing and altering collection rates charged by every solid waste collection company under this section, shall include in the base for the collection rates:
(a) All charges for the disposal of solid waste at the facility or facilities designated by a local jurisdiction under a local comprehensive solid waste management plan or ordinance; and
(b) All known and measurable costs related to implementation of the approved county or city comprehensive solid waste management plan.
(2) If a solid waste collection company files a tariff to recover the costs specified under this section, and the commission suspends the tariff, the portion of the tariff covering costs specified in this section shall be placed in effect by the commission at the request of the company on an interim basis as of the originally filed effective date, subject to refund, pending the commission's final order. The commission may adopt rules to implement this section.
(3) This section applies to a solid waste collection company that has an affiliated interest under chapter 81.16 RCW with a facility, if the total cost of disposal, including waste transfer, transport, and disposal charges, at the facility is equal to or lower than any other reasonable and currently available option.
[ 1997 c 434 § 1; 1989 c 431 § 30.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.170 - Fees, charges, or taxes—Normal operating expense.

RCW 81.77.170
Fees, charges, or taxes—Normal operating expense.
For rate-making purposes, a fee, charge, or tax on the collection or disposal of solid waste is considered a normal operating expense of the solid waste collection company, including all taxes and fees imposed or increased under chapter 44, Laws of 2015 3rd sp. sess. Filing for pass-through of any such fee, charge, or tax is not considered a general rate proceeding.
[ 2015 3rd sp.s. c 44 § 424; 1989 c 431 § 36.]
NOTES:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.180 - Recyclable materials collection—Processing and marketing.

RCW 81.77.180
Recyclable materials collection—Processing and marketing.
(1) A solid waste collection company collecting recyclable materials from residences shall utilize one or more private recycling businesses when arranging for the processing and marketing of such materials, if the following conditions are met:
(a) A recycling business is located within the county at the time the collection program commences or at any time that the solid waste collection company changes its existing processor;
(b) A local private recycling business is capable and competent to provide the processing and marketing service; and
(c) A local private recycling business offers to pay a price for the recyclable materials which is equal to or greater than the price offered by out-of-county private recyclers, or proposes a charge for the processing and marketing service which is equal to or less than the charge for the service available from an out-of-county private recycler.
(2) This section shall not apply to:
(a) Cities or towns who exercise their authority under RCW 81.77.130 to provide residential curbside collection of recyclable materials;
(b) A solid waste collection company that is directed by a city, town, or county to utilize a publicly owned recyclable processing facility located within such city, town, or county; or
(c) Counties which exercise their authority under RCW 36.58.040 to contract for the residential curbside collection of source separated recyclables.
This section shall not apply to programs for the collection of source separated recyclable materials where rates to implement the programs have been filed with the commission prior to May 21, 1991.
(3) For the purposes of this section, "private recycling business" means any private for-profit or private not-for-profit firm that engages in the processing and marketing of recyclable materials.
(4) This section is not enforceable by complaint filed with the commission.
[ 1991 c 319 § 403.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.185 - Recyclable materials collection—Revenue sharing—Report.

RCW 81.77.185
Recyclable materials collection—Revenue sharing—Report.
(1) The commission shall allow solid waste collection companies collecting recyclable materials to retain up to fifty percent of the revenue paid to the companies for the material if the companies submit a plan to the commission that is certified by the appropriate local government authority as being consistent with the local government solid waste plan and that demonstrates how the revenues will be used to increase recycling. The remaining revenue shall be passed to residential customers.
(2) By December 2, 2005, the commission shall provide a report to the legislature that evaluates:
(a) The effectiveness of revenue sharing as an incentive to increase recycling in the state; and
(b) The effect of revenue sharing on costs to customers.
[ 2010 c 154 § 3; 2002 c 299 § 6.]
NOTES:
Intent—Scope of authority—2010 c 154: See notes following RCW 70A.205.040.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.190 - Curbside recycling—Reduced rate.

RCW 81.77.190
Curbside recycling—Reduced rate.
(1) If the commission authorizes a surcharge or reduced rate incentive based on a customer's participation in a company's curbside residential recycling program, customers participating in any other noncurbside recycling program approved by the jurisdiction shall be eligible for such incentives.
(2) For the purpose of this section, "reduced rate" means a residential solid waste collection rate incorporating a rebate, refund, or discount. It does not include any residential solid waste collection rate based on the volume or weight of solid waste set out for collection.
[ 1991 c 319 § 406.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.195 - Discounts for low-income customers.

RCW 81.77.195
Discounts for low-income customers.
Upon request of a county, the commission may approve rates, charges, or services at a discount for low-income senior customers and low-income customers, as adopted by the county in its comprehensive solid waste management plan. Expenses and lost revenues as a result of these discounts must be included in the company's cost of service and recovered in rates to other customers.
[ 2010 c 154 § 4.]
NOTES:
Intent—Scope of authority—2010 c 154: See notes following RCW 70A.205.040.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.200 - Federal authority and registration for compensatory services.

RCW 81.77.200
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 such authority is required, and without first having registered with the commission either directly or through a federally authorized uniform registration program.
[ 2007 c 234 § 64.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.77 - Solid Waste Collection Companies. › 81.77.210 - Protection of records containing commercial information.

RCW 81.77.210
Protection of records containing commercial information.
Records, subject to chapter 42.56 RCW, filed with the commission or the attorney general from any person that contain valuable commercial information, including trade secrets or confidential marketing, cost, or financial information, or customer-specific usage information, are not subject to inspection or copying under chapter 42.56 RCW: (1) Until notice to the person or persons directly affected has been given; and (2) if, within ten days of the notice, the person has obtained a superior court order protecting the records as confidential. The court must determine that the records are confidential and not subject to inspection and copying if disclosure is likely to result in private loss, including an unfair competitive disadvantage, and is not necessary for further public review and comment on the appropriate allocation of costs and revenues. When providing information to the commission or the attorney general, a person shall designate which records or portions of records contain valuable commercial information. Nothing in this section prevents the use of protective orders by the commission governing disclosure of proprietary or confidential information in contested proceedings.
[ 2014 c 170 § 1.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.020 - Declaration of policy.

RCW 81.80.020
Declaration of policy.
The business of operating as a motor carrier of freight for compensation along the highways of this state is declared to be a business affected with a public interest. The rapid increase of motor carrier freight traffic and the fact that under the existing law many motor trucks are not effectively regulated have increased the dangers and hazards on public highways and make it imperative that regulation to the fullest extent allowed under 49 U.S.C. Sec. 14501 should be employed to the end that the highways may be rendered safer for the use of the general public; that the wear of such highways may be reduced; that congestion on highways may be minimized; that the shippers of the state may be provided with a stabilized service and rate structure; that sound economic conditions in such transportation and among such carriers may be fostered in the public interest; that adequate, economical, and efficient service by motor carriers, and reasonable charges therefor, without unjust discrimination, undue preferences or advantages, or unfair or destructive competitive practices may be promoted; that the common carriage of commodities by motor carrier may be preserved in the public interest; that the relations between, and transportation by and regulation of, motor carriers and other carriers may be improved and coordinated so that the highways of the state of Washington may be properly developed and preserved, and the public may be assured adequate, complete, dependable, and stable transportation service in all its phases.
[ 2007 c 234 § 69; 1961 c 14 § 81.80.020. Prior: 1937 c 166 § 1; 1935 c 184 § 1; RRS § 6382-1.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.040 - Exempt vehicles.

RCW 81.80.040
Exempt vehicles.
(1) The provisions of this chapter, except where specifically otherwise provided, and except the provisions providing for licenses, shall not apply to:
(a) Motor vehicles when operated in transportation exclusively within the corporate limits of any city or town of less than ten thousand population unless contiguous to a city or town of ten thousand population or over, nor between contiguous cities or towns both or all of which are less than ten thousand population;
(b) Motor vehicles when operated in transportation wholly within the corporate limits of cities or towns of ten thousand or more but less than thirty thousand population, or between such cities or towns when contiguous, as to which the commission, after investigation and the issuance of an order thereon, has determined that no substantial public interest exists which requires that such transportation be subject to regulation under this chapter;
(c) Motor vehicles when transporting exclusively the United States mail or in the transportation of newspapers or periodicals;
(d) Motor vehicles owned and operated by the United States, the state of Washington, or any county, city, town, or municipality therein, or by any department of them, or either of them;
(e) Motor vehicles specially constructed for towing not more than two disabled, unauthorized, or repossessed motor vehicles, wrecking, or exchanging an operable vehicle for a disabled vehicle and not otherwise used in transporting goods for compensation. For the purposes of this subsection (1)(e), a vehicle is considered to be repossessed only from the time of its actual repossession through the end of its initial tow;
(f) Motor vehicles normally owned and operated by farmers in the transportation of their own farm, orchard, or dairy products, including livestock and plant or animal wastes, from point of production to market, or in the infrequent or seasonal transportation by one farmer for another farmer, if their farms are located within twenty miles of each other, of products of the farm, orchard, or dairy, including livestock and plant or animal wastes, or of supplies or commodities to be used on the farm, orchard, or dairy;
(g) Motor vehicles when transporting exclusively water in connection with construction projects only;
(h) Motor vehicles of less than 8,000 pounds gross vehicle weight when transporting exclusively legal documents, pleadings, process, correspondence, depositions, briefs, medical records, photographs, books or papers, cash or checks, when moving shipments of the documents described at the direction of an attorney as part of providing legal services.
(2) The exemptions set forth in subsection (1)(a) and (b) of this section do not apply to household goods carriers.
[ 2009 c 94 § 2; 1993 c 121 § 4; 1984 c 171 § 1; 1979 ex.s. c 6 § 1; 1963 c 59 § 7; 1961 c 14 § 81.80.040. Prior: 1957 c 205 § 4; 1949 c 133 § 1; 1947 c 263 § 1; 1937 c 166 § 4; 1935 c 184 § 3; Rem. Supp. 1949 § 6382-3.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.045 - Exemption—Freight consolidators.

RCW 81.80.045
Exemption—Freight consolidators.
This chapter does not apply to the operations of a shipper or a group or association of shippers in consolidating or distributing freight for themselves or for their members on a nonprofit basis for the purpose of securing the benefits of carload, truckload, or other volume rates, when the services of a common carrier are used for the transportation of such shipments.
[ 2007 c 234 § 70; 1979 ex.s. c 138 § 1.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.050 - Compliance required.

RCW 81.80.050
Compliance required.
It shall be unlawful for any person to operate as a "motor carrier" on any public highway of this state except in accordance with the provisions of this chapter.
[ 1961 c 14 § 81.80.050. Prior: 1935 c 184 § 4; RRS § 6382-4.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.060 - Combination of services.

RCW 81.80.060
Combination of services.
Every person who engages for compensation to perform a combination of services, a substantial portion of which includes transportation of property of others upon the public highways, is subject to the jurisdiction of the commission as to such transportation and shall not engage in such transportation without first having obtained a common carrier or contract carrier permit to do so. A combination of services includes, but is not limited to, the delivery of household appliances for others where the delivering carrier also unpacks or uncrates the appliances and makes the initial installation. Any person engaged in extracting or processing, or both, and, in connection therewith, hauling materials exclusively for the maintenance, construction, or improvement of a public highway is not engaged in performing a combination of services.
[ 2007 c 234 § 71; 1969 ex.s. c 210 § 17; 1969 c 33 § 1. Prior: 1967 ex.s. c 145 § 77; 1967 c 69 § 2; 1965 ex.s. c 170 § 40; 1961 c 14 § 81.80.060; prior: 1937 c 166 § 5; RRS § 6382-4a.]
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. › 81.80.070 - Common carriers, contract carriers, and temporary carriers—Permit required.

RCW 81.80.070
Common carriers, contract carriers, and temporary carriers—Permit required.
(1) A common carrier, contract carrier, or temporary carrier shall not operate for the transportation of property for compensation in this state without first obtaining from the commission a permit for such operation.
(2) The commission shall issue a common carrier permit to any qualified applicant if it is found the applicant is fit, willing, and able to perform the service and conform to the provisions of this chapter and the rules and regulations of the commission.
(3) Before a permit is issued, the commission shall require the applicant to establish safety fitness and proof of minimum financial responsibility as provided in this chapter.
[ 2009 c 94 § 3; 2007 c 234 § 72; 1999 c 79 § 1; 1963 c 242 § 1; 1961 c 14 § 81.80.070. Prior: 1953 c 95 § 17; 1947 c 264 § 2; 1941 c 163 § 1; 1937 c 166 § 6; 1935 c 184 § 5; Rem. Supp. 1947 § 6382-5.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.075 - Household goods carriers—Permit required, penalty, cease and desist orders.

RCW 81.80.075
Household goods carriers—Permit required, penalty, cease and desist orders.
(1) No person shall engage in business as a household goods carrier without first obtaining a household goods carrier permit from the commission.
(2) Permits issued to any household goods carrier must be exercised by the carrier to the fullest extent to render reasonable service to the public. Applications for household goods carrier permits or permit extensions must be on file for a period of at least thirty days before issuance unless the commission finds that special conditions require earlier issuance.
(3) The commission must issue a permit or permit extension to any qualified applicant, authorizing the whole or any part of the operations covered by the application, if it is found that: The applicant is fit, willing, and able to perform the services proposed and conform to this chapter and the requirements, rules, and regulations of the commission; the operations are consistent with the public interest; and, in the case of common carriers, they are required by the present or future public convenience and necessity; otherwise, the application must be denied.
(4) Any person who engages in business as a household goods carrier in violation of subsection (1) of this section is subject to a penalty of up to five thousand dollars per violation.
(a) If the basis for the violation is advertising, each advertisement reproduced, broadcast, or displayed via a particular medium constitutes a separate violation.
(b) In deciding the amount of penalty to be imposed per violation, the commission shall consider the following factors:
(i) The carrier's willingness to comply with the requirements of RCW 81.80.070 and the commission's rules under this chapter; and
(ii) The carrier's history with respect to compliance with this section.
(5) Any person who engages in business as a household goods carrier in violation of a cease and desist order issued by the commission under RCW 81.04.510 is subject to a penalty of up to ten thousand dollars per violation.
[ 2009 c 94 § 4.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.080 - Application for permit.

RCW 81.80.080
Application for permit.
Application for permits must be made to the commission in writing and must state the ownership, financial condition, equipment to be used and physical property of the applicant, the territory or route or routes in or over which the applicant proposes to operate, the nature of the transportation to be engaged in, and other information as the commission may require.
[ 2007 c 234 § 73; 1991 c 41 § 1; 1961 c 14 § 81.80.080. Prior: 1935 c 184 § 6; RRS § 6382-6.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.090 - Form of application—Filing fees.

RCW 81.80.090
Form of application—Filing fees.
The commission shall prescribe forms of application for permits and for extensions thereof for the use of prospective applicants, and for transfer of permits and for acquisition of control of carriers holding permits, and shall make regulations for the filing thereof. Any such application shall be accompanied by such filing fee as the commission may prescribe by rule: PROVIDED, That such fee shall not exceed five hundred fifty dollars.
[ 1993 c 97 § 5; 1973 c 115 § 10; 1961 c 14 § 81.80.090. Prior: 1941 c 163 § 2; 1937 c 166 § 7; 1935 c 184 § 7; RRS § 6382-7.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.100 - Form and contents of permit.

RCW 81.80.100
Form and contents of permit.
Permits granted by the commission shall be in such form as the commission shall prescribe and shall set forth the name and address of the person to whom the permit is granted, the nature of the transportation service to be engaged in and the principal place of operation, termini or route to be used or territory to be served by the operation. No permit holder shall operate except in accordance with the permit issued to him or her.
[ 2013 c 23 § 308; 1961 c 14 § 81.80.100. Prior: 1935 c 194 § 8; RRS § 6382-8.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.110 - Limitation on renewal of application.

RCW 81.80.110
Limitation on renewal of application.
No person whose application for a permit has been denied after hearing under any of the provisions of this chapter shall be eligible to renew the application for a period of six months from the date of the order denying such application.
[ 1961 c 14 § 81.80.110. Prior: 1947 c 264 § 3; 1935 c 184 § 9; Rem. Supp. 1947 § 6382-9.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.115 - Fees imposed under this chapter—Procedure for contesting—Rules.

RCW 81.80.115
Fees imposed under this chapter—Procedure for contesting—Rules.
If a person seeks to contest the imposition of a fee imposed under this chapter, the person shall pay the fee and request a refund within six months of the due date for the payment by filing a petition for a refund with the commission. The commission shall establish by rule procedures for handling refund petitions and may delegate the decisions on refund petitions to the secretary of the commission.
[ 1993 c 97 § 6.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.120 - Classification of carriers.

RCW 81.80.120
Classification of carriers.
The commission may from time to time establish such just and reasonable classifications of the groups of carriers included in the terms "common carriers" and "contract carriers" as the special nature of the services performed by such carriers shall require, and such just and reasonable rules, regulations and requirements, consistent with the provisions of this chapter, to be observed by the carriers so classified or grouped, as the commission deems necessary or advisable in the public interest.
[ 1961 c 14 § 81.80.120. Prior: 1937 c 166 § 8; 1935 c 184 § 10; RRS § 6382-10.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.130 - Regulatory power over common carriers.

RCW 81.80.130
Regulatory power over common carriers.
To the extent allowed under 49 U.S.C. Sec. 14501, the commission shall: Supervise and regulate every common carrier in this state; make, fix, alter, and amend, just, fair, reasonable, minimum, maximum, or minimum and maximum, rates, charges, classifications, rules, and regulations for all common carriers; regulate the accounts, service, and safety of operations thereof; require the filing of reports and other data thereby; and supervise and regulate all common carriers in all other matters affecting their relationship with competing carriers of every kind and the shipping and general public. The commission may by order approve rates filed by common carriers in respect to certain designated commodities and services when, in the opinion of the commission, it is impractical for the commission to make, fix, or prescribe rates covering the commodities and services.
[ 2007 c 234 § 74; 1961 c 14 § 81.80.130. Prior: 1957 c 205 § 5; 1937 c 166 § 9; 1935 c 184 § 11; RRS § 6382-11.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.132 - Common carriers—Estimate of charges for household goods—Penalty.

RCW 81.80.132
Common carriers—Estimate of charges for household goods—Penalty.
When a common carrier gives an estimate of charges for services in carrying household goods, the carrier will endeavor to accurately reflect the actual charges. The carrier is subject to a monetary penalty not to exceed one thousand dollars per violation when the actual charges exceed the percentages allowed by the commission.
[ 1993 c 392 § 1.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.140 - Regulatory power over contract carriers.

RCW 81.80.140
Regulatory power over contract carriers.
To the extent allowed under 49 U.S.C. Sec. 14501, the commission shall: Supervise and regulate every contract carrier in this state; fix, alter, and amend, just, fair, and reasonable classifications, rules, and regulations and minimum rates and charges of each contract carrier; regulate the account, service, and safety of contract carriers' operations; require the filing of reports and of other data thereby; and supervise and regulate contract carriers in all other matters affecting their relationship with both the shipping and the general public.
[ 2007 c 234 § 75; 1961 c 14 § 81.80.140. Prior: 1937 c 166 § 11; 1935 c 184 § 12; RRS § 6382-12.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.170 - Temporary permits.

RCW 81.80.170
Temporary permits.
The commission may issue temporary permits to temporary household goods carriers for no more than one hundred eighty days, but only after the commission finds that the issuance of the temporary permits is consistent with the public interest. The commission may prescribe special rules and regulations and impose special terms and conditions as in its judgment are reasonable and necessary in carrying out the provisions of this chapter.
The commission may also issue temporary permits pending the determination of an application filed with the commission for approval of a consolidation or merger of the properties of two or more household goods carriers or of a purchase or lease of one or more household goods carriers.
[ 2007 c 234 § 77; 1963 c 242 § 2; 1961 c 14 § 81.80.170. Prior: 1953 c 95 § 18; 1947 c 264 § 5; 1937 c 166 § 12; 1935 c 184 § 14; Rem. Supp. 1947 § 6382-14.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.190 - Insurance or deposit of security required.

RCW 81.80.190
Insurance or deposit of security required.
The commission shall, in issuing permits to common carriers and contract carriers under this chapter, require the carriers to either procure and file liability and property damage insurance from a company licensed to write such insurance in the state of Washington, or deposit security, for the limits of liability and on terms and conditions that the commission determines are necessary for the reasonable protection of the public against damage and injury for which the carrier may be liable by reason of the operation of any motor vehicle.
In fixing the amount of the insurance policy or policies, or deposit of security, the commission shall consider the character and amount of traffic and the number of persons affected and the degree of danger that the proposed operation involves.
[ 2007 c 234 § 78; 1986 c 191 § 5; 1961 c 14 § 81.80.190. Prior: 1935 c 184 § 16; RRS § 6382-16.]
NOTES:
Construction—1986 c 191: See RCW 70A.384.902.
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.195 - Liability insurance requirements exclusive.

RCW 81.80.195
Liability insurance requirements exclusive.
This chapter shall exclusively govern the liability insurance requirements for motor vehicle common and contract carriers. Any motor vehicle that meets the public liability requirements prescribed under RCW 81.80.190 shall not be required to comply with any ordinances of a city or county prescribing insurance requirements.
[ 1989 c 264 § 2.]
NOTES:
Policy—1989 c 264: "The state legislature has prescribed what requirements are necessary for public liability insurance for motor vehicle common and contract carriers to adequately protect both public and private property, both real and personal. It is therefore necessary and desirable for the state to prevent each city or county from applying its own separate insurance regulations in addition to those required by the commission." [ 1989 c 264 § 1.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.200 - Conditions may be attached to permits.

RCW 81.80.200
Conditions may be attached to permits.
The commission is hereby vested with power and authority in issuing permits to any of the carriers classified in accordance with RCW 81.80.120 to attach thereto such terms and conditions and to require such insurance or security as it may deem necessary for the protection of the public highways and to be for the best interest of the shipping and the general public. All such regulations and conditions shall be deemed temporary and may be revoked by the commission upon recommendation of the state or county authorities in charge of highway maintenance or safety when in the judgment of such authorities such revocation is required in order to protect the public or preserve the public highways.
[ 1961 c 14 § 81.80.200. Prior: 1937 c 166 § 14; 1935 c 184 § 17; RRS § 6382-17.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.211 - Hours of operators—Rules and regulations.

RCW 81.80.211
Hours of operators—Rules and regulations.
The commission may adopt rules and regulations relating to the hours of duty of motor carrier drivers and operators.
[ 1961 c 14 § 81.80.211. Prior: 1953 c 95 § 23.]
2023 Revised Code of Washington › Title 81 - Transportation › Chapter 81.80 - Motor Freight Carriers. › 81.80.220 - Tariff rates to be charged.

RCW 81.80.220
Tariff rates to be charged.
A household goods carrier shall not collect or receive a greater, less, or different remuneration for the transportation of property or for any service in connection therewith than the rates and charges that are either legally established and filed with the commission or are specified in the contract or contracts filed. A household goods carrier shall not refund or remit in any manner or by any device any portion of the rates and charges required to be collected by each tariff or contract or filing with the commission.
The commission may check the records of all carriers under this chapter and of those employing the services of the carrier to discover all discriminations, under or overcharges, and rebates, and may suspend or revoke permits for violations of this section.
The commission may refuse to accept any time schedule, tariff, or contract that, in the opinion of the commission, limits the service of a carrier to profitable trips only or to the carrying of high class commodities in competition with other carriers who give a complete service affording one carrier an unfair advantage over a competitor.
[ 2007 c 234 § 79; 1961 c 14 § 81.80.220. Prior: 1937 c 166 § 16; 1935 c 184 § 19; RRS § 6382-19.]