Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-65 - Commercial motor vehicle regulations › Section 446-65-010 - Transportation requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The Washington
			 state patrol hereby adopts the following parts of Title 49 Code of Federal
			 Regulations (C.F.R.), as they exist on October 1, 2023, for motor carriers used
			 in intrastate or interstate commerce in their entirety:
(a) Part 40 Procedures for transportation
			 workplace drug and alcohol testing programs.
(b) Part 325 Compliance with interstate motor
			 carrier noise emission standards.
(c) Part 350 Commercial motor carrier safety
			 assistance program.
(d) Part 355
			 Compatibility of state laws and regulations affecting interstate motor carrier
			 operations.
(e) Part 365 Rules
			 governing applications for operating authority.
(f) Part 367 Standards for registration with
			 states.
(g) Part 372 Exemptions,
			 commercial zones and terminal areas.
(h) Part 373 Receipts and bills.
(i) Part 376 Lease and interchange of
			 vehicles.
(j) Part 379 Preservation
			 of records.
(k) Part 380 Special
			 training requirements.
(l) Part 381
			 Waivers, exemptions, and pilot programs.
(m) Part 382 Controlled substances and
			 alcohol use and testing.
(n) Part
			 383 Compliance with commercial driver's license program.
(o) Part 385 Safety fitness
			 procedures.
(p) Part 387 Minimum
			 levels of financial responsibility for motor carriers.
(q) Part 390 General.
(r) Part 391 Qualification of drivers.
			 Provided that  49 C.F.R.
			 391  subpart D (Tests), and E (Physical
			 Qualifications and Examinations) do not apply to motor carriers operating
			 vehicles with gross vehicle weight rating between 10,001 lbs. and 26,000 lbs.
			 operating intrastate, and not used to transport hazardous materials in a
			 quantity requiring placarding.
(s)
			 Part 392 Driving of motor vehicles.
(t) Part 393 Parts and accessories necessary
			 for safe operation.
(u) Part 395
			 Hours of service of drivers: Except if a company has drivers of commercial
			 motor vehicle of any size, hauling logs from the point of production or driving
			 in dump truck operations in intrastate commerce provided that:
(i) The driver must:
(A) Operate within a 100 air-mile radius of
			 the location where the driver reports to work and the driver must return to the
			 work reporting location at the end of each duty tour;
(B) Have at least 10 consecutive hours off
			 duty separating each on-duty period;
(C) Not drive:
* More than 12 hours following at least 10 hours off duty;
				or
* After the 14th hour after coming on duty on at least five
				days of any period of seven consecutive days; and
* After the 16th hour after coming on duty on no more than two
				days of any period of seven consecutive days; and
* After having been on duty for 80 hours in seven consecutive
				days if the employing motor carrier does not operate commercial motor vehicle
				every day of the week; or
* After having been on duty for 90 hours in eight consecutive
				days if the employing motor carrier operates commercial motor vehicle every day
				of the week; in any period of seven or eight consecutive days may end with the
				beginning of any off-duty period of 24 or more consecutive hours.
(ii) The motor carrier
			 that employs the driver must maintain and retain for a period of 12 months
			 accurate and true time recordings showing:
(A)
			 The time the driver reports for duty each day;
(B) The total number of hours the driver is
			 on duty each day;
(C) The total
			 number of hours the driver drives each day;
(D) The time the driver is released from duty
			 each day; and
(E) The total time
			 the driver is driving and on duty for the preceding seven days.
(v) Part 396
			 Inspection, repair, and maintenance.
(w) Part 397 Transportation of hazardous
			 materials; driving and parking rules.