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Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-54 - ATTACHMENT TO TRANSMISSION FACILITIES › Section 480-54-060 - Rates

Current through Register Vol. 24-14, July 15, 2024
(1) A fair, just,
			 reasonable, and sufficient rate for attachments to or in facilities shall
			 assure the owner the recovery of not less than all the additional costs of
			 procuring and maintaining the attachments, nor more than the actual capital and
			 operating expenses, including just compensation, of the owner attributable to
			 that portion of the facility used for the attachments, including a share of the
			 required support and clearance space, in proportion to the space used for the
			 attachment, as compared to all other uses made of the facility, and uses that
			 remain available to the owner.
(2)
			 The following formula for determining a fair, just, reasonable, and sufficient
			 rate shall apply to attachments to poles:
Click Here to
				View Image
(3)
			 The following formula for determining a fair, just, reasonable, and sufficient
			 rate shall apply to attachments to ducts or conduits:
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				to View Image
If no inner duct or only a single inner duct is installed, the
				fraction "1 Duct divided by the Number of Inner Ducts" is presumed to be
				1/2.
Reviser's note:
The brackets and enclosed
				  material in the text of the above section occurred in the copy filed by the
				  agency and appear in the Register pursuant to the requirements of
				  RCW
				  34.08.040.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-54 - ATTACHMENT TO TRANSMISSION FACILITIES › Section 480-54-070 - Complaint

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever the
			 commission shall find, after hearing had upon complaint by a licensee or by a
			 utility, that the rates, terms, or conditions demanded, exacted, charged, or
			 collected by any owner in connection with attachments to its facilities are not
			 fair, just, and reasonable, or by an owner that the rates or charges are
			 insufficient to yield a reasonable compensation for the attachment, the
			 commission will determine the fair, just, reasonable, and sufficient rates,
			 terms, and conditions thereafter to be observed and in force and fix the same
			 by final order entered within three hundred sixty days after the filing of the
			 complaint. The commission will enter an initial order resolving a complaint
			 filed in conformance with this rule within six months of the date the complaint
			 is filed. The commission may extend this deadline for good cause. In
			 determining and fixing the rates, terms, and conditions, the commission will
			 consider the interest of the customers of the licensee or utility, as well as
			 the interest of the customers of the owner. Except as provided in this rule,
			 the commission's procedural rules, chapter 480-07 WAC, govern complaints filed
			 pursuant to this rule.
(2) A
			 utility or licensee may file a formal complaint pursuant to this rule if:
(a) An owner has denied access to its
			 facilities;
(b) An owner fails to
			 negotiate in good faith the rates, terms, and conditions of an attachment
			 agreement; or
(c) The utility or
			 licensee disputes the rates, terms, or conditions in an attachment agreement,
			 the owner's performance under the agreement, or the owner's obligations under
			 the agreement or other applicable law.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-60 - Railroad companies - Clearances › Section 480-60-010 - Application of rules

Current through Register Vol. 24-14, July 15, 2024
(1) The rules in
			 this chapter apply to all common carrier railroad companies operating within
			 the state of Washington, including any facilities or structures owned or
			 operated by the railroad, and to the construction and reconstruction of tracks
			 or structures adjacent thereto.
(2)
			 A railroad company must not operate any equipment over tracks where the
			 clearances are less than those required by these rules, unless a commission
			 order has been entered granting an exemption or an exemption is contained in
			 these rules.
(3) Side clearances
			 are based on the assumption that equipment used on tracks is not greater than
			 ten feet ten inches wide. Height clearances are based on the assumption that
			 equipment used on tracks is not higher than fifteen feet six inches. If
			 equipment exceeds ten feet ten inches in width, the railroad must comply with
			 WAC 480-60-080.
Statutory Authority:
				  RCW
				  81.04.160 and
				  80.01.040. 00-04-011 (Order No.
				  R-469, Docket No. TR-981101), § 480-60-010, filed 1/21/00, effective
				  2/21/00; Order R-5, § 480-60-010, filed 6/6/69, effective
				  10/9/69.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-60 - Railroad companies - Clearances › Section 480-60-012 - Contacting the commission

Current through Register Vol. 24-14, July 15, 2024
You may contact the commission in writing, in person, by
				telephone, by e-mail, or by facsimile. The commission's location, mailing
				address, e-mail address and telefax number are found in WAC
				480-07-125. The commission's
				internet home page address is found in WAC
				480-04-035.
Statutory Authority:
				  RCW
				  80.01.040 and
				  80.04.160. 03-24-028 (General
				  Order R-510, Docket No. A-010648), § 480-60-012, filed 11/24/03, effective
				  1/1/04. Statutory Authority:
				  RCW
				  81.04.160 and
				  80.01.040. 00-04-011 (Order No.
				  R-469, Docket No. TR-981101), § 480-60-012, filed 1/21/00, effective
				  2/21/00.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-60 - Railroad companies - Clearances › Section 480-60-014 - Rules of practice and procedure

Current through Register Vol. 24-14, July 15, 2024
The commission's rules governing administrative practices and
				procedures are in chapter 480-07 WAC. When a rule in this chapter conflicts
				with a rule in chapter 480-07 WAC, the rule in this chapter applies to railroad
				companies.
Statutory Authority:
				  RCW
				  80.01.040 and
				  80.04.160. 03-24-028 (General
				  Order R-510, Docket No. A-010648), § 480-60-014, filed 11/24/03, effective
				  1/1/04. Statutory Authority:
				  RCW
				  81.04.160 and
				  80.01.040. 00-04-011 (Order No.
				  R-469, Docket No. TR-981101), § 480-60-014, filed 1/21/00, effective
				  2/21/00.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-60 - Railroad companies - Clearances › Section 480-60-020 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) When the
			 overhead or side clearances between a track and any building, structure, or
			 facility are less than the minimum required by these rules, but were lawfully
			 created prior to October 9, 1969, the minimum clearances required by these
			 rules must be provided whenever the building, structure, or facility is
			 relocated or reconstructed. However, the commission will consider specific
			 requests for the future continuance of these previously lawful clearances when
			 the railroad or owner or manager of the building, structure, or facility
			 applies for an exemption under the provision set forth below.
(2) Where restricted clearances are
			 unavoidable, the following moves are allowed without requesting an exemption
			 from the commission:
(a) The movement of
			 material over tracks when the material is needed for the construction or
			 maintenance of the tracks;
(b) The
			 movement of special work equipment used in the construction, maintenance or
			 operation of the railroad;
(c)
			 Movements during periods of actual emergency due to wrecks, derailments,
			 washouts and like conditions;
(d)
			 All movements authorized in this subsection may be made only after all
			 reasonable steps are taken to provide for the safety of all who could be harmed
			 by the move.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-60 - Railroad companies - Clearances › Section 480-60-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this chapter
				unless the context clearly requires otherwise.
"Car width"
means twice the distance from the
				centerline of the car to its extreme outside part.
"Commission"
means the Washington utilities and
				transportation commission.
"Icing platforms"
means structures used in
				performing the service of icing, precooling, heating, ventilating and servicing
				of cars used in the handling of commodities requiring those services.
"Overcrossing"
means any point or place where a
				highway crosses a railroad by passing above it.
"Overhead clearance"
means the distance measured
				along a line which is perpendicular to and joins a horizontal plane passing
				through the top of the highest rail and a horizontal plane passing through the
				lowest point of the overhead structure or obstruction.
"Side clearance"
means the shortest distance from
				centerline of track to a structure or appurtenances such as downspouts,
				ladders, or other obstructions at the side of the track.
"Track clearance"
means the shortest distance
				between the centerlines of adjacent tracks.
"Walkways"
means pathways located alongside or in
				the vicinity of a railroad track, or on a trestle or bridge, that provide an
				area for a railroad employee to perform duties associated with the track,
				trestle or bridge.
Statutory Authority:
				  RCW
				  81.04.160 and
				  80.01.040. 00-04-011 (Order No.
				  R-469, Docket No. TR-981101), § 480-60-030, filed 1/21/00, effective
				  2/21/00; Order R-5, § 480-60-030, filed 6/6/69, effective
				  10/9/69.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-60 - Railroad companies - Clearances › Section 480-60-035 - Walkways

Current through Register Vol. 24-14, July 15, 2024
(1) Walkways must
			 be provided in yards where employees regularly work on the ground.
(2) Ease and safety of walking are the
			 primary considerations for providing walkways. Ease and safety of walking and
			 adequate track drainage are the primary considerations for selecting surface
			 materials. Accordingly, walkways required by this rule must have a reasonably
			 smooth surface and be maintained in a safe condition, without compromising
			 track drainage. Any of the following are suitable surface materials:
(a) Crushed material may be used for
			 walkways. The material must not exceed one and one-half inches in size. The
			 term "one and one-half inches in size" has a specialized meaning. That meaning
			 can vary from company to company within the industry. For purposes of this
			 rule, the term will have the following meaning (note: Percentages refer to
			 weight measurements):
100 percent of the material will pass through a one and
				one-half inch square sieve opening.
90 to 100 percent of the material will pass through a one inch
				square sieve opening.
40 to 80 percent of the material will pass through a
				three-quarter inch square sieve opening.
15 to 60 percent of the material will pass through a one-half
				inch square sieve opening.
0 to 30 percent of the material will pass through a
				three-eighths inch square sieve opening.
0 to 10 percent of the material will pass through a #4 sieve
				(standard nomenclature in the industry).
0 to 5 percent of the material will pass through a #8
				sieve.
0 to 0.5 percent of the material will pass through a #200
				sieve.
Note:
Smaller crushed material is preferable. It should be
							 used where drainage and durability issues do not arise. Material that is
							 three-quarter inch or less in size is recommended for switching leads in
							 yards.
(b)
			 Walkway surfaces may also be made of asphalt, concrete, planking, grating, or
			 other similar material suitable for walking.
(c) Native materials may be used for a
			 walkway surface if the materials provide a surface that is reasonably smooth
			 and safe.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-60 - Railroad companies - Clearances › Section 480-60-040 - Overhead clearances

Current through Register Vol. 24-14, July 15, 2024
(1) General
			 rule. Overhead clearances shall be at least twenty-two feet six inches unless
			 one of the provisions in this section applies.
(2) Buildings.
The overhead clearance inside of entirely enclosed buildings
				may be reduced to eighteen feet, if the tracks terminate within the building.
				When an overhead clearance of less than twenty-two feet six inches is
				established in a building, all cars, locomotives or other equipment must stop
				before entering it. The conditions provided to require the stop must be
				approved by the commission. Engine houses and car shops are exempt from these
				regulations.
(3) Trains in
			 tunnels, under overcrossings, and on bridges.
Minimum overhead clearance in tunnels, under overcrossings, and
				on bridges may be decreased to the extent defined by the half-circumference of
				a circle having a radius of eight feet and tangent to a horizontal line
				twenty-two feet six inches above top of rail at a point directly above the
				centerline of track.
(4)
			 All other structures.
Minimum overhead clearance may be decreased to the extent
				defined by the half-circumference of a circle having a radius of eight feet six
				inches and tangent to a horizontal line twenty-two feet six inches above top of
				rail at a point directly over the centerline of track.
(5) Overhead clearance of wires.
All overhead wires must have a minimum vertical clearance of
				not less than that specified by the safety rules for the installation and
				maintenance of electric supply and communication lines as provided by the rules
				for electrical construction and the electrical and communication workers safety
				rules of the state of Washington.
Statutory Authority:
				  RCW
				  81.04.160 and
				  80.01.040. 00-04-011 (Order No.
				  R-469, Docket No. TR-981101), § 480-60-040, filed 1/21/00, effective
				  2/21/00; Order R-5, § 480-60-040, filed 6/6/69, effective
				  10/9/69.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-60 - Railroad companies - Clearances › Section 480-60-060 - Track clearances

Current through Register Vol. 24-14, July 15, 2024
(1) Track
			 clearances - in general . . . . . . . . . . . . 14'0"
The minimum distance between the centerlines of parallel
				standard gauge railroad tracks, which are used or proposed to be used for
				transporting cars, engines, motors, or like equipment, must be fourteen feet,
				except as set forth below.
(2) Track clearances - Main and subsidiary
			 tracks . . . . . . . . . . . . 15'0"
The centerline of any standard gauge track, except a main track
				or a passing track, parallel and adjacent to a main track or a passing track,
				must be at least fifteen feet from the centerline of the main track or passing
				track however, where a passing track is adjacent to and at least fifteen feet
				distant from the main track, any other track may be constructed adjacent to the
				passing track with 14 feet clearance.
(3) Track clearances - Parallel team, house,
			 or industry tracks . . . . . . . . . . . . 13'0"
Minimum clearances between centerlines of parallel team, house,
				or industry tracks must be thirteen feet.
(4) Track clearances - Parallel ladder or
			 ladder and other track . . . . . . . . . . . . 20'0"
The minimum clearance between centerlines of any standard gauge
				ladder track, constructed parallel to any other track, must be twenty
				feet.
(5) Track clearances
			 - Existing tracks.
Tracks existing prior to October 9, 1969, may be extended at
				clearances lawfully prescribed prior to that date.
Statutory Authority:
				  RCW
				  81.04.160 and
				  80.01.040. 00-04-011 (Order No.
				  R-469, Docket No. TR-981101), § 480-60-060, filed 1/21/00, effective
				  2/21/00; Order R-5, § 480-60-060, filed 6/6/69, effective
				  10/9/69.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-60 - Railroad companies - Clearances › Section 480-60-080 - Operation of excess dimension loads

Current through Register Vol. 24-14, July 15, 2024
(1) No person may ride on the roof of any
			 car, or on the side of an excess width car, or the side of a car with a load
			 that extends more than 5'5" from centerline.
(2) The railroad company must provide written
			 notice to the train stating the total number of cars with excess height or
			 width.
(3) Notice to yard
			 supervisors. Yard supervisors must be notified sufficiently in advance of the
			 arrival of cars with excess height or width to enable them to take necessary
			 precautions to safeguard employees in yard.
Statutory Authority:
				  RCW
				  81.04.160 and
				  80.01.040. 00-04-011 (Order No.
				  R-469, Docket No. TR-981101), § 480-60-080, filed 1/21/00, effective
				  2/21/00; Order R-5, § 480-60-080, filed 6/6/69, effective
				  10/9/69.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-60 - Railroad companies - Clearances › Section 480-60-090 - Narrow gauge railroads transporting freight cars

Current through Register Vol. 24-14, July 15, 2024
(1) Side clearances.
For the operation of equipment on narrow gauge tracks, the side
				clearances and distances between centerlines of tracks must provide a distance
				from the sides of cars, or between the widest cars operated, not less than
				those distances provided by these rules for cars ten feet ten inches in width
				operated on standard gauge tracks.
(2) All other requirements of these rules,
			 where applicable, must be observed by narrow gauge railroads.
Statutory Authority:
				  RCW
				  81.04.160 and
				  80.01.040. 00-04-011 (Order No.
				  R-469, Docket No. TR-981101), § 480-60-090, filed 1/21/00, effective
				  2/21/00; Order R-5, § 480-60-090, filed 6/6/69, effective
				  10/9/69.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-60 - Railroad companies - Clearances › Section 480-60-990 - Illustration - Typical clearance of structures from railroad tracks

Current through Register Vol. 24-14, July 15, 2024
TYPICAL CLEARANCE OF STRUCTURES FROM RAILROAD TRACKS
Click to view
							 image
Statutory Authority:
				  RCW
				  80.01.040. 94-11-003 (Order R-413, Docket No.
				  TR-940126), § 480-60-990, filed 5/4/94, effective 6/4/94; Order R-5,
				  Illustration (codified as WAC
				  480-60-990 ), filed 6/6/69,
				  effective 10/9/69.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-60 - Railroad companies - Clearances › Section 480-60-99001 - Illustration - Typical track spacing

Current through Register Vol. 24-14, July 15, 2024
TYPICAL TRACK SPACING
Click to view
							 image
NOTE
EXISTING TRACKS MAY BE EXTENDED AT CLEARANCES LAWFULLY
				PRESCRIBED PRIOR TO THE EFFECTIVE DATE OF THIS ORDER
Order R-5, Illustration (codified as WAC
				  480-60-99001 ), filed 6/6/69,
				  effective 10/9/69.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 1 - GENERAL AND PROCEDURAL RULES › Section 480-62-130 - Application of this chapter

Current through Register Vol. 24-14, July 15, 2024
The rules in this chapter apply within certain cities and to
				  any railroad company subject to the jurisdiction of the commission under
				  RCW
				  81.04.010 and chapters 81.04,
				  81.24,
				  81.28,
				  81.36,
				  81.40,
				  81.44,
				  81.48,
				  81.52,
				  81.53, 81.54,
				  81.60, and 81.61 RCW, as set forth
				  below:
(1) To all Class I, II, and III
				railroad companies operating within the state of Washington, with the
				exceptions noted in subsections (2), (3), and (4) of this section.
(2) To and within first-class cities except
				for WAC 480-62-145,
				480-62-150, and
				480-62-225.
(3) To and within cities with a population of
				more than 400,000 except for WAC
				480-62-145,
				480-62-150,
				480-62-225,
				480-62-230, and
				480-62-235.
(4) To logging and industrial railroads
				except for WAC
				480-62-200,
				480-62-205,
				480-62-215,
				480-62-240,
				480-62-245,
				480-62-250,
				480-62-300, the portions of WAC
				480-62-310 that do not involve
				grade crossing accidents, WAC
				480-62-315(2), (4) and
				(5), and WAC
				480-62-325.
Statutory Authority:
					 RCW
					 80.01.040,
					 81.04.160,
					 81.24.010,
					 81.28.010,
					 81.28.290,
					 81.40.110,
					 81.44.010,
					 81.44.020, 81.44.101-81.44.105,
					 and chapters 81.48,
					 81.53, 81.54,
					 81.60, and 81.61 RCW. 01-04-026
					 (Docket No. TR-981102, General Order No. R-477), § 480-62-130, filed
					 1/30/01, effective 3/2/01.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 1 - GENERAL AND PROCEDURAL RULES › Section 480-62-135 - Additional requirements

Current through Register Vol. 24-14, July 15, 2024
(1) These rules
				do not relieve any railroad company from any of its duties and obligations
				under the laws of the state of Washington.
(2) The commission retains the authority to
				impose additional or different requirements on any railroad company in
				appropriate circumstances, consistent with the requirements of law.
Statutory Authority:
					 RCW
					 80.01.040,
					 81.04.160,
					 81.24.010,
					 81.28.010,
					 81.28.290,
					 81.40.110,
					 81.44.010,
					 81.44.020, 81.44.101-81.44.105,
					 and chapters 81.48,
					 81.53, 81.54,
					 81.60, and 81.61 RCW. 01-04-026
					 (Docket No. TR-981102, General Order No. R-477), § 480-62-135, filed
					 1/30/01, effective 3/2/01.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 1 - GENERAL AND PROCEDURAL RULES › Section 480-62-140 - Exemptions from rules

Current through Register Vol. 24-14, July 15, 2024
(1) The
				commission may grant an exemption from the provision of any rule in this
				chapter, when doing so in chapter 480-62 WAC is consistent with the public
				interest, the purposes underlying regulation, and applicable
				statutes.
(2) To request a rule
				exemption, a person must file with the commission a written request identifying
				the rule for which an exemption is sought, giving a full explanation of the
				reason the exemption is requested.
(3) The commission will assign the request a
				docket number, if it does not arise in an existing docket, and will schedule
				the request for consideration at one of its regularly scheduled open meetings
				or, if appropriate under
				chapter
				34.05 RCW, in an
				adjudication. The commission will notify the person requesting the exemption,
				and other affected persons, of the date of the hearing or open meeting when the
				commission will consider the request.
(4) In determining whether to grant the
				request, the commission may consider whether application of the rule would
				impose undue hardship on the petitioner, of a degree or a kind different from
				hardships imposed on other similarly situated persons, and whether the effect
				of applying the rule would be contrary to the purposes of the rule.
(5) The commission will enter an order
				granting or denying the request or setting it for hearing, pursuant to chapter
				480-07 WAC.
Statutory Authority:
					 RCW
					 80.01.040 and
					 80.04.160. 03-24-028 (General
					 Order R-510, Docket No. A-010648), § 480-62-140, filed 11/24/03, effective
					 1/1/04. Statutory Authority:
					 RCW
					 80.01.040,
					 81.04.160,
					 81.24.010,
					 81.28.010,
					 81.28.290,
					 81.40.110,
					 81.44.010,
					 81.44.020, 81.44.101-81.44.105,
					 and chapters 81.48,
					 81.53, 81.54,
					 81.60, and 81.61 RCW. 01-04-026
					 (Docket No. TR-981102, General Order No. R-477), § 480-62-140, filed
					 1/30/01, effective 3/2/01.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 1 - GENERAL AND PROCEDURAL RULES › Section 480-62-145 - Commission proceedings

Current through Register Vol. 24-14, July 15, 2024
The commission's rules governing administrative practices and
				  procedures are in chapter 480-07 WAC. When a rule in this chapter conflicts
				  with a rule in chapter 480-07 WAC, the rule in this chapter
				  applies.
Statutory Authority:
					 RCW
					 80.01.040 and
					 80.04.160. 03-24-028 (General
					 Order R-510, Docket No. A-010648), § 480-62-145, filed 11/24/03, effective
					 1/1/04. Statutory Authority:
					 RCW
					 80.01.040,
					 81.04.160,
					 81.24.010,
					 81.28.010,
					 81.28.290,
					 81.40.110,
					 81.44.010,
					 81.44.020, 81.44.101-81.44.105,
					 and chapters 81.48,
					 81.53, 81.54,
					 81.60, and 81.61 RCW. 01-04-026
					 (Docket No. TR-981102, General Order No. R-477), § 480-62-145, filed
					 1/30/01, effective 3/2/01.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 1 - GENERAL AND PROCEDURAL RULES › Section 480-62-150 - Grade crossing petitions

Current through Register Vol. 24-14, July 15, 2024
(1)
				Whenever a railroad company, city, county, the department of transportation,
				the parks and recreation commission, or the commission seeks to take any of the
				following actions at a railroad-highway grade crossing, it must file a petition
				with the commission seeking approval under
				RCW
				81.53.020 and
				81.53.060:
(a) Opening a railroad-highway crossing
				at-grade, or by constructing an overcrossing or undercrossing;
(b) Closing a railroad-highway
				crossing;
(c) Constructing
				supplemental safety measures under RCW 81.48.015(1), including, but not limited
				to, median barriers;
(d) Realigning
				highway or railroad tracks;
(e)
				Widening highways;
(f) Constructing
				multiple tracks; or
(g) Changes to
				crossing surfaces that alter:
- The dimensions of an existing surface;
- The angle at which the tracks intersect a highway;
				  or
- The vertical alignment of a crossing (i.e., to accommodate
				  track superelevation, or changes in railroad or roadway grade).
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 1 - GENERAL AND PROCEDURAL RULES › Section 480-62-160 - Compliance policy

Current through Register Vol. 24-14, July 15, 2024
(1) The commission
				encourages voluntary compliance with state statutes, rules, and commission
				orders through the following:
(a) A program
				emphasizing education and technical assistance; and
(b) A compliance program including
				inspections and investigation of railroad company operations:
(i) For compliance with state statutes,
				rules, and commission orders;
(ii)
				For compliance with Federal Railroad Administration (FRA) rules through the
				State Safety Participation Program, 49 C.F.R. Part 212. Information about
				Title
				49 C.F.R. regarding the version
				adopted and where to obtain it is set out in WAC
				480-62-999.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 1 - GENERAL AND PROCEDURAL RULES › Section 480-62-165 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				  person or circumstance is held invalid, the remainder of the chapter or the
				  application of the provision to other persons or circumstances is not
				  affected.
Statutory Authority:
					 RCW
					 80.01.040,
					 81.04.160,
					 81.24.010,
					 81.28.010,
					 81.28.290,
					 81.40.110,
					 81.44.010,
					 81.44.020, 81.44.101-81.44.105,
					 and chapters 81.48,
					 81.53, 81.54,
					 81.60, and 81.61 RCW. 01-04-026
					 (Docket No. TR-981102, General Order No. R-477), § 480-62-165, filed
					 1/30/01, effective 3/2/01.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 1 - GENERAL AND PROCEDURAL RULES › Section 480-62-170 - Resolving disputes about the meaning of these rules

Current through Register Vol. 24-14, July 15, 2024
If the interpretation of any rule in this chapter is
				  questioned by a railroad company, a request for clarification may be filed with
				  the commission.
Statutory Authority:
					 RCW
					 80.01.040,
					 81.04.160,
					 81.24.010,
					 81.28.010,
					 81.28.290,
					 81.40.110,
					 81.44.010,
					 81.44.020, 81.44.101-81.44.105,
					 and chapters 81.48,
					 81.53, 81.54,
					 81.60, and 81.61 RCW. 01-04-026
					 (Docket No. TR-981102, General Order No. R-477), § 480-62-170, filed
					 1/30/01, effective 3/2/01.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 2 - SAFETY RULES › Section 480-62-200 - Roadway worker safety and operating rules and statutes

Current through Register Vol. 24-14, July 15, 2024
(1) The commission adopts by reference the
				following parts of
				Title
				49 of the Code of Federal
				Regulations (C.F.R.) and all pertinent appendices:
(a) 49 C.F.R. Part 209: Railroad safety
				enforcement procedure;
(b) 49
				C.F.R. Part 214: Railroad workplace safety;
(c) 49 C.F.R. Part 217: Railroad operating
				rules;
(d) 49 C.F.R. Part 218:
				Railroad operating practices;
(e)
				49 C.F.R. Part 219: Procedures for transportation workplace drug testing
				programs;
(f) 49 C.F.R. Part 220:
				Radio standards and procedures;
(g)
				49 C.F.R. Part 221: Rear end marking device - Passenger, commuter and freight
				trains;
(h) 49 C.F.R. Part 225:
				Railroad Accidents/Incidents: Reports classification, and
				investigations;
(i) 49 C.F.R. Part
				228: Hours of service of railroad employees;
(j) 49 C.F.R. Part 239: Passenger train
				emergency preparedness;
(k) 49
				C.F.R. Part 240: Qualification and Certification of Locomotive Engineers Hours
				of Service;
(l) 49 C.F.R. Part 211:
				Hours of Service.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 2 - SAFETY RULES › Section 480-62-205 - Track safety standards

Current through Register Vol. 24-14, July 15, 2024
(1) Rules
				governing track safety standards are prescribed by the United States Department
				of Transportation in
				Title
				49, Part 213, of the Code of
				Federal Regulations, along with appendices. Information about
				Title
				49 C.F.R. regarding the version
				adopted and where to obtain it is set out in WAC
				480-62-999.
(2) All violations of the above incorporated
				rules will be submitted to the Federal Railroad Administration for enforcement
				action pursuant to the State Safety Participation Program, 49 C.F.R. Part
				212.
Statutory Authority:
					 RCW
					 80.01.040,
					 81.04.160,
					 81.24.010,
					 81.28.010,
					 81.28.290,
					 81.40.110,
					 81.44.010,
					 81.44.020, 81.44.101-81.44.105,
					 and chapters 81.48,
					 81.53, 81.54,
					 81.60, and 81.61 RCW. 01-04-026
					 (Docket No. TR-981102, General Order No. R-477), § 480-62-205, filed
					 1/30/01, effective 3/2/01.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 2 - SAFETY RULES › Section 480-62-210 - Crossing signal circuitry

Current through Register Vol. 24-14, July 15, 2024
(1) Rules
				governing grade crossing signal system safety are prescribed by the United
				States Department of Transportation in
				Title
				49 of the Code of Federal
				Regulations, Part 234 along with appendices. Information about
				Title
				49 C.F.R. regarding the version
				adopted and where to obtain it is set out in WAC
				480-62-999.
(2) All violations of the above incorporated
				rules will be submitted to the Federal Railroad Administration for enforcement
				action pursuant to the State Safety Participation Program, 49 C.F.R. Part
				212.
(3) Violations involving all
				railroad companies not subject to the jurisdiction of the Federal Railroad
				Administration will be enforced pursuant to WAC
				480-62-160, Compliance
				policy.
Statutory Authority:
					 RCW
					 80.01.040,
					 81.04.160,
					 81.24.010,
					 81.28.010,
					 81.28.290,
					 81.40.110,
					 81.44.010,
					 81.44.020, 81.44.101-81.44.105,
					 and chapters 81.48,
					 81.53, 81.54,
					 81.60, and 81.61 RCW. 01-04-026
					 (Docket No. TR-981102, General Order No. R-477), § 480-62-210, filed
					 1/30/01, effective 3/2/01.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 2 - SAFETY RULES › Section 480-62-215 - Hazardous materials regulations

Current through Register Vol. 24-14, July 15, 2024
(1)
				Rules governing hazardous materials are prescribed by the United States
				Department of Transportation in
				Title
				49, Code of Federal
				Regulations, Parts 171 through 174, and Parts 178 and 179, and the appendices
				to Title
				49. Information about
				Title
				49 C.F.R. regarding the version
				adopted and where to obtain it is set out in WAC
				480-62-999.
(2) All violations of the above incorporated
				rules and statutes will be submitted to the Federal Railroad Administration for
				enforcement action pursuant to the State Safety Participation Program, 49
				C.F.R. Part 212.
Statutory Authority:
					 RCW
					 80.01.040,
					 81.04.160,
					 81.24.010,
					 81.28.010,
					 81.28.290,
					 81.40.110,
					 81.44.010,
					 81.44.020, 81.44.101-81.44.105,
					 and chapters 81.48,
					 81.53, 81.54,
					 81.60, and 81.61 RCW. 01-04-026
					 (Docket No. TR-981102, General Order No. R-477), § 480-62-215, filed
					 1/30/01, effective 3/2/01.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 2 - SAFETY RULES › Section 480-62-220 - Blockage of public grade crossings

Current through Register Vol. 24-14, July 15, 2024
(1)
				Railroad companies must not block a grade crossing for more than ten
				consecutive minutes, if reasonably possible.
(2) A blocked grade crossing must be cleared
				immediately by the fastest available method, if the train movement will not
				violate rules issued by the Federal Railroad Administration, upon the request
				of law enforcement or other emergency services personnel, or when the engineer
				becomes aware that the crossing is being approached by a law enforcement or
				other emergency services vehicle with its emergency lights flashing or that
				such a vehicle is stopped with its emergency lights flashing at the crossing
				blocked by the train.
(3) A grade
				crossing is "blocked" if any part of a stopped train occupies the crossing or
				causes warning devices to be activated.
Statutory Authority:
					 RCW
					 80.01.040,
					 81.04.160,
					 81.24.010,
					 81.28.010,
					 81.28.290,
					 81.40.110,
					 81.44.010,
					 81.44.020, 81.44.101-81.44.105,
					 and chapters 81.48,
					 81.53, 81.54,
					 81.60, and 81.61 RCW. 01-04-026
					 (Docket No. TR-981102, General Order No. R-477), § 480-62-220, filed
					 1/30/01, effective 3/2/01.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 2 - SAFETY RULES › Section 480-62-225 - Crossing surfaces

Current through Register Vol. 24-14, July 15, 2024
(1)
Areas of
				responsibility.
(a) Highway authorities
				must maintain and keep in repair the surfaces and the subgrades of the roadway
				approaches up to one foot from the outside of either rail at a grade crossing
				with one track. At crossings involving more than one track, the highway
				authority must maintain and keep in repair the roadway approaches up to one
				foot from the outside of each of the two outside rails.
(b) At a grade crossing with one track,
				railroad companies must maintain and keep in repair the crossing surfaces
				between the rails and for a distance of one foot on the outside of either rail.
				At crossings involving more than one track, railroad companies must maintain
				and keep in repair the crossing surfaces and the roadway for the entire area
				between the outermost rails at the crossing, and for a distance of one foot
				outside of the two outermost rails.
(c) If tracks at a crossing involving more
				than one track are owned by different railroad companies, each company must
				maintain and keep in repair the crossing surfaces and roadway within its right
				of way that is within the area specified in (b) of this subsection.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 2 - SAFETY RULES › Section 480-62-230 - Traffic control devices

Current through Register Vol. 24-14, July 15, 2024
(1)
				Whenever a railroad company performs any construction, maintenance or repairs
				at a grade crossing or grade separated crossing, the company must install and
				maintain traffic control devices adequate to protect the public and railroad
				employees as prescribed in the Manual on Uniform Traffic Control Devices
				(MUTCD), Part 8, Traffic Control for Railroad and Light Rail Transit Grade
				Crossings, as published by the United States Department of Transportation. In
				addition, railroads must maintain all crossings with proper traffic control
				devices as prescribed in the MUTCD, Part 8. The commission adopts, by
				reference, the MUTCD, Part 8, as described in WAC
				480-62-999. Flaggers must also be
				provided where necessary to adequately protect the public and railroad
				employees.
(2) Any traffic control
				device must be used only as long as the device is needed or applicable. Any
				device that is no longer needed or applicable must be immediately removed or
				inactivated so as to prevent confusion.
(3) All barricades, signs, and similar
				devices must be constructed and installed in a workmanlike manner.
(4) Bushes, weeds, or any other material or
				object must not be allowed to obscure any traffic control devices.
(5) All signs, barricades, and other control
				devices intended for use during hours of darkness must be adequately
				illuminated or reflectorized, with precautions taken to protect motorists from
				glare.
Statutory Authority:
					 RCW
					 80.01.040,
					 80.04.160,
					 81.04.160, and
					 34.05.353. 11-04-041 (Docket
					 A-101466, General Order R-562), § 480-62-230, filed 1/25/11, effective
					 2/25/11. Statutory Authority:
					 RCW
					 80.01.040,
					 81.04.160,
					 81.24.010,
					 81.28.010,
					 81.28.290,
					 81.40.110,
					 81.44.010,
					 81.44.020, 81.44.101-81.44.105,
					 and chapters 81.48,
					 81.53, 81.54,
					 81.60, and 81.61 RCW. 01-04-026
					 (Docket No. TR-981102, General Order No. R-477), § 480-62-230, filed
					 1/30/01, effective 3/2/01.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 2 - SAFETY RULES › Section 480-62-235 - Flaggers

Current through Register Vol. 24-14, July 15, 2024
(1) The rules in
				this section apply whenever a railroad company engages in the maintenance,
				repair, or construction of a grade crossing or grade separated crossing;
				however, they do not apply when flaggers are provided only because of a
				crossing signal malfunction or only because of inspections or repairs to a
				crossing signal system. The latter circumstances are covered by 49 C.F.R., Part
				234. In addition, 49 C.F.R. Part 234.5 recommends that railroad companies
				follow the requirements of Part VI of the Federal Highway Administration's
				Manual on Uniform Traffic Control Devices (MUTCD) to the extent possible. The
				commission further recommends that railroads also abide by the following rules
				to the extent possible in situations covered by 49 C.F.R. Part 234.
(2) Except as otherwise required in this
				section, traffic control devices, signs, barricades, and signaling methods must
				be set up in accordance with the provisions of the Manual on Uniform Traffic
				Control Devices (MUTCD). The commission adopts, by reference, specific portions
				of the MUTCD, as follows:
(a)Chapter 8A.08,
				Temporary Traffic Control Zones;
(b)Chapter 6A, General;
(c)Chapter 6B, Fundamental
				Principles;
(d)Chapter 6D,
				Pedestrian and Worker Safety;
(e)Chapter 6E, Flagger Control;
(f)Chapter 6G.18, Work in the Vicinity of a
				Grade Crossing.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 2 - SAFETY RULES › Section 480-62-235 - Flaggers

Current through Register Vol. 24-14, July 15, 2024
(1) The rules in this section apply whenever
				a railroad company engages in the maintenance, repair, or construction of a
				grade crossing or grade separated crossing; however, they do not apply when
				flaggers are provided only because of a crossing signal malfunction or only
				because of inspections or repairs to a crossing signal system. The latter
				circumstances are covered by  49 C.F.R., Part 234 . In addition, 49 C.F.R. Part
				234.5 recommends that railroad companies follow the requirements of Part VI of
				the Federal Highway Administration's Manual on Uniform Traffic Control Devices
				(MUTCD) to the extent possible. The commission further recommends that
				railroads also abide by the following rules to the extent possible in
				situations covered by  49 C.F.R. Part 234.
(2) Except as otherwise required in this
				section, traffic control devices, signs, barricades, and signaling methods must
				be set up in accordance with the provisions of the Manual on Uniform Traffic
				Control Devices (MUTCD). The commission adopts, by reference, specific portions
				of the MUTCD, as follows:
(a) Chapter 8A.13,
				Temporary Traffic Control Zones;
(b) Chapter 6A.01, General;
(c) Chapter 6A.02, Fundamental Principles of
				Temporary Traffic Control;
(d)
				Chapter 6C, Pedestrian and Worker Safety;
(e) Chapter 6D, Flagger Control;
(f) Chapter 6N.17, Work in the Vicinity of a
				Grade Crossing.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 2 - SAFETY RULES › Section 480-62-245 - Railroad owned or operated passenger carrying vehicles-Operation

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
(a) All passenger
				carrying motor vehicles must be operated in compliance with state law no matter
				where the vehicle is operated.
(b)
				Drivers must operate vehicles in a careful and prudent manner and at reasonable
				and proper speeds, with due regard to circumstances and to the use of highways
				by others.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 2 - SAFETY RULES › Section 480-62-245 - Railroad owned or operated passenger carrying vehicles-Operation

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
(a) All passenger carrying motor vehicles
				must be operated in compliance with state law no matter where the vehicle is
				operated.
(b) Drivers must operate
				vehicles in a careful and prudent manner and at reasonable and proper speeds,
				with due regard to circumstances and to the use of highways by
				others.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 2 - SAFETY RULES › Section 480-62-250 - On-track equipment

Current through Register Vol. 24-14, July 15, 2024
(1) When
				approaching and passing over a railroad-highway grade crossing, operators of
				motor track cars, speeders, or other on track equipment must remain in complete
				control of the equipment, be prepared to stop for vehicular or pedestrian
				traffic on the highway, stop if necessary to avoid an accident, and provide
				effective warning for vehicular or pedestrian traffic at the
				crossing.
(2) Railroad companies
				that allow persons other than railroad personnel on official railroad business
				to operate motor track cars, speeders, or other on track equipment on their
				track must ensure that the operators comply with subsection (1) of this
				section.
Statutory Authority:
					 RCW
					 80.01.040,
					 81.04.160,
					 81.24.010,
					 81.28.010,
					 81.28.290,
					 81.40.110,
					 81.44.010,
					 81.44.020, 81.44.101-81.44.105,
					 and chapters 81.48,
					 81.53, 81.54,
					 81.60, and 81.61 RCW. 01-04-026
					 (Docket No. TR-981102, General Order No. R-477), § 480-62-250, filed
					 1/30/01, effective 3/2/01.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-62 - Railroad companies-Operations › Part 2 - SAFETY RULES › Section 480-62-255 - Minimum crew size on certain trains

Current through Register Vol. 24-14, July 15, 2024
(1) For the purpose
				of this section, unless the language or context indicates that a different
				meaning is clearly intended, the following definitions apply:
"Class I" means a railroad carrier designated as a class I
				  railroad by the United States surface transportation board and its subsidiaries
				  or is owned and operated by entities whose combined total railroad operational
				  ownership and controlling interest meets the United States surface
				  transportation board designation as a class I railroad carrier.
"Class III" means a railroad carrier designated as a class
				  III railroad by the United States surface transportation board.
"Crewmember" has the same meaning as "operating craft
				  employee" as defined in this section.
"Operating craft employee" means a person employed by a
				  railroad carrier and identified as train or yard crew as defined in 49 C.F.R.
				  Part 218.5.
"Other railroad carrier" means a railroad carrier that is not
				  a class I carrier.
"Railroad carrier" means a carrier of persons or property
				  upon vehicles, other than streetcars, operated upon stationary rails, the route
				  of which is principally outside incorporated cities and towns. "Railroad
				  carrier" includes any officers and agents of the railroad carrier.
(2) Any person, corporation,
				company, or officer of the court operating any railroad, railway, or any part
				of any railroad or railway, in the state as a common carrier of freight or
				passengers shall operate and manage all trains and switching assignments over
				its road with no less than two crewmembers.
(3) The minimum crew size requirement of
				subsection (2) of this section does not apply to:
(a) Class III railroad carriers operating on
				their roads while at a speed of 25 miles per hour or less; or
(b) Other railroad carriers in possession of
				an effective automatic waiver issued under subsection (4) of this
				section.