Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-36 - Authorized emergency vehicle permits › Section 204-36-040 - Permit limitations

Current through Register Vol. 24-14, July 15, 2024
(1) A vehicle
			 authorized by the patrol must not be used as an authorized emergency vehicle
			 except as follows:
(a) Only by the operators
			 named in the permit approved by the patrol.
(b) Only with the equipment described in the
			 permit approved by the patrol.
(c)
			 Only within the geographic area(s) approved by the chief law enforcement
			 officer or fire chief outlined in WAC
			 204-36-030 and in accordance with
			 any restrictions outlined in the permit approved by the patrol. Each authorized
			 emergency vehicle permit holder must maintain a permanent daily log or record
			 of all uses of emergency vehicles authorized under this chapter for at least
			 two years. The records will be made available to any law enforcement officer or
			 the equipment standards unit of the patrol upon request. The records must
			 include the following items:
(i) Date and time
			 of operation.
(ii) Operator(s)
			 name(s).
(iii) Identification of
			 the vehicle(s) operated by the VIN or license plate number. A vehicle number
			 issued by the agency or company may be used provided that such number is
			 provided to the patrol as part of the application and linked to the VIN or
			 license plate number of the vehicle.
(iv) Location of operation which must include
			 all geographic areas operated in with emergency equipment for that
			 operation.
(v) Reason for
			 operation.
(d) Only for
			 the purposes set forth in the permit approved by the patrol.
(e) If being used for escort services, may be
			 used only for funeral escorts. Funeral escorts must:
(i) Provide notice of each escort to the
			 primary jurisdictions, if required to do so by the jurisdiction under the
			 permit.
(ii) Comply with WAC
			 308-330-466 regarding funeral
			 processions. To conduct traffic control as provided under WAC
			 308-330-466 the procession must:
(A) Have all operators involved in traffic
			 control certified as a Washington state certified flagger. A certified flag-ger
			 card must be carried at all times during the escort and presented to law
			 enforcement if requested. All operators involved in the funeral escort must
			 undergo a training briefing for the event which must include:
(I) Certified flaggers role during the
			 escort;
(II) Flagging safety and
			 requirements for any traffic control conducted to include any sign or vehicle
			 placement during the escort;
(III)
			 Familiarization of the route used for the escort;
(IV) Communications and signals to be used
			 between flaggers during the escort; and
(V) Other hazards specific to the route or
			 escort.
(B) Only use
			 certified flaggers who must:
(I) Be at least
			 twenty-one years of age.
(II)
			 Possess a valid driver's license with the proper endorsements for the vehicle
			 which they intend to operate as an escort vehicle.
(III) Be able to speak and hear well enough
			 to conduct verbal conversation in English with another person.
(IV) Have in his or her possession a flagger
			 certification card and the flagger's picture or a statement that says "valid
			 with photo ID."
(C) Use
			 traffic controls according to the guidelines and recommendations of the
Manual on Uniform Traffic Control Devices
(MUTCD) as currently
			 modified and adopted by the Washington state department of transportation. To
			 view or print a copy of the MUTCD go to
http://wsdot.wa.gov/
and type MUTCD into the
			 search box. If flagger signaling is required it must be conducted according to
			 the currently adopted MUTCD and this chapter.
(D) Wear the following high-visibility safety
			 apparel when performing traffic control:
(I) A
			 safety vest, shirt or jacket labeled as meeting the ANSI/ISEA 107-2004 or
			 107-2010 standard performance for class 2 or 3 risk exposure. A copy of this
			 standard is available at
https://www.safetyequipment.org
.
(II) The apparel must be orangered,
			 florescent yellow-green, or a combination of the two as defined in the ANSI
			 standard.
(E) Have the
			 following permit(s):
(I) A letter of
			 acknowledgment or letter of agreement through the Washington state department
			 of transportation (WSDOT) if the route includes state routes or interstates.
			 Applications for conducting escorts using state highways or interstates must be
			 submitted at least three business days in advance using the application for
			 special events on state highways application available on the WSDOT web
			 site
www.wsdot.wa.gov
.
(II) A permit, letter of acknowledgment or
			 agreement from the necessary local jurisdiction(s), if required, to perform
			 traffic control functions for routes that include city streets or county roads.
			 Funeral escort companies are responsible for checking with the necessary
			 jurisdictions to ensure necessary documentation is acquired prior to operation
			 under the authorized emergency vehicle permit.
(F) Only hold an intersection if the lead
			 vehicle in the escort lawfully entered the intersection and only for a period
			 of time necessary to allow the remaining vehicles to proceed through the
			 intersection. If a procession lasts longer than three minutes at an
			 intersection, the flagger(s) will hold the procession to allow other road users
			 to cross.
(G) A certified flagger
			 will be held liable if an accident occurs due to his or her instructions.
(iii) Employers and/or
			 responsible contractors must make sure that flaggers:
(A) Stand either on the shoulder adjacent to
			 the road user being controlled or in the closed lane prior to stopping road
			 users. A flagger must only stand in the lane being used by moving road users
			 after the road users have been stopped. For the purpose of this section road
			 user means a vehicle operator, bicyclist, or pedestrian within a public
			 roadway, including workers in temporary traffic control zones.
(B) Are positioned so that they are not
			 exposed to traffic approaching them from behind. If this is not possible, then
			 the employer and/or responsible contractor must develop and use a method to
			 ensure that the flagger has adequate visual warning of traffic and equipment
			 approaching from behind.
(C) Do not
			 use devices that may distract the flagger vision, hearing or
			 attention.
(D) Do not work more
			 than three hours without a rest period of at least ten minutes.
(E) Are not assigned other duties while
			 engaged in traffic control activities.
(iv) Have commercial insurance in Washington
			 state or business use exemption from the insuring company to provide escort
			 services with a motor vehicle. Proof of such insurance must be provided to the
			 patrol annually as part of the application as outlined in WAC
			 204-36-030.
(v) Not park or stand, irrespective of the
			 provisions of
			 chapter
			 46.61 RCW or violate any
			 traffic laws unless lawfully conducting traffic control as outlined in this
			 chapter.