Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-30 - Passenger transportation companies › Part 1 - GENERAL ADMINISTRATIVE RULES › Section 480-30-036 - Definitions, general

Current through Register Vol. 24-14, July 15, 2024
(1) See WAC
				480-30-261 for definition of
				terms used primarily in tariffs and time schedules and WAC
				480-30-216 for definitions used
				in driver and vehicle safety rules.
(2) Unless the language or context indicates
				that a different meaning is intended, the following definitions apply:
"Agent"
means a person authorized to transact
				  business for, and in the name of, another.
"Airporter service"
means an auto transportation
				  service that starts or ends at a station served by another type of
				  transportation such as, air or rail transportation. Airporter service is often
				  a premium service that involves handling luggage. Although stops may be made
				  along the way, they are usually limited to picking up or discharging passengers
				  and luggage bound to or from the airport or depot served.
"Alternate arrangements for passengers"
means
				  the travel arrangements made by an auto transportation company that has
				  accepted a trip booking or reservation from a passenger and that is unable to
				  provide the agreed transportation. The alternate arrangements may require
				  travel by another carrier or mode of transportation at no additional cost to
				  the passenger beyond what the passenger would have paid for the original
				  transportation arrangement.
"Application docket"
means a commission
				  publication providing notice of all applications requesting auto transportation
				  operating authority, with a description of the authority requested. The
				  commission sends this publication to all persons currently holding auto
				  transportation authority, to all persons with pending applications for auto
				  transportation authority, to affected local jurisdictions or agencies, and to
				  all other persons who asked to receive copies of the application docket.
"Area"
means a defined geographical location.
				  Examples include, but are not limited to:
(a) A specified city or town;
(b) A specified county, group of counties, or
				subdivision of the state, e.g., western Washington;
(c) A zone, e.g., company designated
				territory; or
(d) A route, e.g.,
				area within four road miles of Interstate 5.
"Auto transportation company"
means every
				  corporation or person, their lessees, trustees, receivers, or trustees
				  appointed by any court whatsoever owning, controlling, operating, or managing
				  any motor-propelled vehicle used in the business of transporting persons and
				  their baggage on the vehicles of auto transportation companies carrying
				  passengers, for compensation over any public highway in this state between
				  fixed termini or over a regular route, and not operating exclusively within the
				  incorporated limits of any city or town.
"Between fixed termini or over a regular route"
means the fixed points between which an auto transportation company provides
				  service or the route over which an auto transportation company ordinarily
				  operates any motor-propelled vehicle, even though there may be variance whether
				  the variance is periodic or irregular.
"Bus"
means a motor vehicle designed,
				  constructed, and/or used for the transportation of passengers.
"Business days"
means days of the week excluding
				  Saturdays, Sundays, and official state holidays.
"By-reservation-only service"
means
				  transportation of passengers by an auto transportation company, with routes
				  operated only if passengers have made prior reservations.
"Certificate"
means:
(a) The certificate of public convenience and
				necessity issued by the Washington utilities and transportation commission
				under the provisions of chapter 81.68 RCW to operate as an auto transportation
				company; or
(b) The certificate
				issued by the Washington utilities and transportation commission under chapter
				81.70 RCW to operate as a charter and excursion carrier in the state of
				Washington.
"Certificated authority"
means:
(a) The territory and services granted by the
				commission and described in an auto transportation company's certificate of
				public convenience and necessity; or
(b) Operations in the state of Washington for
				charter and excursion service carriers.
"Charter party carrier"
or
"charter
				  carrier"
means every person engaged in the transportation over any
				  public highways in this state of a group of persons who, pursuant to a common
				  purpose and under a single contract, acquire the use of a motor vehicle to
				  travel together as a group to a specified destination or for a particular
				  itinerary, either agreed upon in advance or modified by the chartering group
				  after leaving the place of origin. A person who is engaged in the
				  transportation of persons by party bus over any public highway in this state is
				  considered engaging in the business of a charter party carrier or excursion
				  service carrier.
"Claim"
means a demand made on a company for
				  payment resulting from a loss sustained through the company's negligence or for
				  inadequate service provided by the company.
"Closed-door service"
means a portion of a route
				  or territory in which an auto transportation company is not allowed to pick up
				  or deliver passengers. Closed-door service restrictions must be clearly stated
				  in an auto transportation company's certificate.
"Commercial motor vehicle"
means a motor vehicle
				  or combination of motor vehicles used in commerce to transport passengers if
				  the vehicle:
(a) Has a gross vehicle
				weight rating or gross combination weight of 26,001 pounds or more, inclusive
				of a towed unit(s) with a gross vehicle weight rating or gross combination
				weight of more than 10,001 pounds or more; or
(b) Has a gross vehicle weight rating or
				gross combination weight of 26,001 pounds or more; or
(c) Is designed to transport 16 or more
				passengers, including the driver; or
(d) Is of any size and is used in the
				transportation of materials found to be hazardous for the purposes of the
				Hazardous Materials Transportation Act (49 U.S.C. Sec.
				5103(b)) and which require
				the motor vehicle to be placarded under the Hazardous Materials Regulations (
				49 C.F.R. Part 172 , Subpart F).
"Commission"
means the Washington utilities and
				  transportation commission.
"Common carrier"
means any person who transports
				  passengers by motor vehicle over the public highways for compensation.
"Common purpose"
means that a group of persons
				  is traveling together to achieve a common goal or objective. For example, a
				  group of persons traveling together to attend a common function or to visit a
				  common location. For the purposes of these rules, it does not mean a group of
				  persons who have no common goal other than transportation to, or from, the
				  airport.
"Company"
means an entity authorized by the
				  commission to transport passengers, for compensation, using a motor vehicle,
				  over the public highways of the state.
"Complaint"
means one of two types of actions by
				  a person against a passenger transportation company that the commission
				  regulates:
(a)
"Informal
				complaints"
are those complaints filed with the commission under the
				provisions of WAC
				480-07-910. Informal complaints
				are normally investigated and resolved by commission staff.
(b)
"Formal complaints"
are
				those complaints filed with the commission under the provisions of WAC
				480-07-370. In a formal
				complaint, the burden of proof resides with the complaining party who must
				prove its assertions in a formal commission proceeding.
"Connecting service"
means an auto
				  transportation company service over a route, or routes, that require passengers
				  to transfer from one vehicle to another vehicle operated by either the same
				  company or a different company before reaching the ending point.
"Contract"
as used in this chapter means any
				  agreement between a passenger transportation company and another person to
				  obtain property or services the company uses to provide passenger
				  transportation services including, but not limited to, sales agreements,
				  service agreements, employment agreements, mortgages, loans, and leases for
				  real or personal property.
"Customer"
means a person who purchased
				  transportation services from an auto transportation company or a person,
				  corporation, or other entity that prearranges for transportation services with
				  a charter party carrier or purchases a ticket for transportation services
				  aboard an excursion service carrier.
"Direct route"
means an auto transportation
				  company service over a route that goes from the beginning point to the ending
				  point with limited, if any, stops along the way, and traveling only to points
				  located on the specific route without requiring a passenger to transfer from
				  one vehicle to another.
"Discontinuance of service":
(a)
"Permanent discontinuance of
				service"
means that a company holding auto transportation authority
				issued by the commission is unable to continue to provide all, or part of, the
				service authorized by the company's certificate, filed tariff, or filed time
				schedule and requests commission permission to permanently discontinue all, or
				part of, its service and relinquish that certificate or portion of that
				certificate. See WAC
				480-30-186.
(b)
"Temporary discontinuance of
				service"
means that a company holding auto transportation authority
				issued by the commission is unable to continue to provide all, or part of, the
				service authorized by the company's certificate, filed tariff, or filed time
				schedule and requests commission permission to discontinue all, or part of, its
				service for a specified, limited period of time.
"Door-to-door service"
means an auto
				  transportation company service provided between a location identified by the
				  passenger and a point specifically named by the company in its filed tariff and
				  time schedule.
"Double-decker bus"
means a motor vehicle with
				  more than one passenger deck.
"Excursion service carrier"
or
"excursion
				  carrier"
means every person engaged in the transportation of persons for
				  compensation over any public highway in the state from points of origin within
				  any city, town, or area, to any other location within the state of Washington
				  and returning to that origin. The service must not pick up or drop off
				  passengers after leaving and before returning to the area of origin. The
				  excursions may be regularly scheduled. Compensation for the transportation
				  offered or afforded must be computed, charged, or assessed by the excursion
				  service company on an individual fare basis.
"Express passenger service"
means auto
				  transportation company service provided between fixed points or stations with
				  few, if any, stops along the route, and is designed to get passengers from
				  origin to destination more quickly than normally scheduled passenger
				  service.
"Federal Motor Carrier Safety Administration"
means an agency of the United States Department of Transportation (USDOT) and
				  successor agency to the former Interstate Commerce Commission.
"Filing"
means any application, petition, tariff
				  proposal, annual report, comment, complaint, pleading, or other document
				  submitted to the commission.
"Fixed termini"
means points of origin and
				  destination that are set, static locations or defined geographic areas.
				  Examples include a city or town, a building, or an airport. In addition, "fixed
				  termini" can include service between an airport and unlimited points within a
				  defined geographic area.
"Flag stops"
means a point along an auto
				  transportation company's normally traveled routes where the company stops only
				  if it receives notification that a passenger wishes to board the vehicle at
				  that point. An auto transportation company must list available flag stops in
				  the company's tariffs and time schedules. Flag stops may only be named at
				  points that provide waiting passengers safe access to the vehicle.
"Group"
means:
(a) Two or more passengers traveling
				together;
(b) A class of passengers
				to whom special rates and/or rules apply. For example, active military
				personnel.
"Intermediate point"
means a point located on a
				  route between two other points that are specifically named in an auto
				  transportation company's certificate or tariff.
"Intermediate service"
means service to an
				  intermediate point.
"Interruption in service"
means a period of time
				  during which an auto transportation company cannot provide service listed in
				  its certificate, its filed tariff, or its filed time schedule. An interruption
				  in service is normally short lived, lasting no more than a few hours or a few
				  days.
"Liquor permit holder"
means a holder of an
				  appropriate special permit to provide liquor issued under chapter 66.20 RCW,
				  who is 21 years of age or older and who is responsible for compliance with the
				  requirements of WAC
				  480-30-244 and chapter 66.20 RCW
				  during the provision of transportation services.
"Motor vehicle"
or
"vehicle"
means:
(a) As related to auto
				transportation companies: Every self-propelled vehicle used on the public
				highways, for the transportation of persons for compensation.
(b) As related to charter and excursion
				carriers: Every self-propelled vehicle with a manufacturer's seating capacity
				for more than eight passengers, including the driver, used on the public
				highways, for the transportation of persons for compensation.
"Named points"
means cities, towns, or specific
				  locations that are listed in an auto transportation company's certificate,
				  tariff, or time schedule.
"Nonstop service"
means transportation of
				  passengers from point of origin to point of destination without stopping at any
				  intermediate points.
"On-call service"
means unscheduled auto
				  transportation company service provided only to those passengers that have by
				  prior arrangement requested service prior to boarding.
"Party bus"
means any motor vehicle whose
				  interior enables passengers to stand and circulate throughout the vehicle
				  because seating is placed around the perimeter of the bus or is nonexistent and
				  in which food, beverages, or entertainment may be provided. A motor vehicle
				  configured in the traditional manner of forward-facing seating with a center
				  aisle is not a party bus.
"Passenger facility"
means a location at which
				  an auto transportation company stations employees and at which passengers can
				  purchase tickets or pay fares for transportation service.
"Passenger transportation company"
means an auto
				  transportation company or charter and excursion carrier.
"Person"
means an individual, firm, corporation,
				  association, partnership, lessee, receiver, trustee, consortium, joint venture,
				  or commercial entity.
"Premium service"
means a type of service
				  provided by an auto transportation company that is outside normal service.
				  Examples include express service, direct route service, and nonstop
				  door-to-door service.
"Private carrier"
means a person who transports
				  passengers in the person's own vehicle purely as an incidental adjunct to some
				  other established private business owned or operated by that person in good
				  faith.
"Private motor vehicle"
means a vehicle owned or
				  operated by a private carrier.
"Public highway"
means every street, road, or
				  highway in this state.
"Public transit agency"
means a municipal
				  corporation or agency of state or local government formed under the laws of the
				  state of Washington for the purpose of providing transportation services
				  including, but not limited to, public transportation benefit areas, regional
				  transit authorities, municipal transit authorities, city and county transit
				  agencies.
"Residence"
means the regular dwelling place of
				  an individual or individuals.
"Route"
means a highway or combination of
				  highways over which an auto transportation company provides passenger service.
				  There are two types of routes:
(a)
"Irregular route"
means travel between points named in an auto
				transportation company's certificate via any highway or combination of highways
				the company wishes to operate over. The certificate issued to the company does
				not list highways to be used, but the company defines routes in its tariffs and
				time schedules.
(b)
"Regular
				route"
means an auto transportation company providing passenger
				transportation over a route named in the certificate issued to the company by
				the commission.
"Scheduled service"
means an auto transportation
				  company providing passenger service at specified arrival and/or departure times
				  at points on a route.
"Single contract"
means an agreement between a
				  charter carrier and a group of passengers to provide transportation services at
				  a set price for the group or trip. Under a single contract, passengers are not
				  charged individually.
"Small business"
means any company that has 50
				  or fewer employees.
"Special or promotional fares"
means temporary
				  fares for specific services offered for no more than 90 days.
"Suspension"
means an act by the commission to
				  temporarily revoke a company's certificated authority; or an act by the
				  commission to withhold approval of an auto transportation company's tariff
				  filing.
"Tariff"
or
"tariff schedule"
means
				  a document issued by an auto transportation company containing the services
				  provided, the rates the company must assess its customers for those services,
				  and the rules describing how the rates apply.
"Tariff service territory"
means a
				  company-defined geographic area of its certificated authority in which a
				  specific tariff applies.
"Temporary certificate"
means the certificate
				  issued by the Washington utilities and transportation commission under
				  RCW
				  81.68.046 to operate as an auto
				  transportation company for up to 180 days or pending a decision on a parallel
				  filed auto transportation company certificate application.
"Temporary certificate authority"
means the
				  territory and services granted by the commission and described in an auto
				  transportation company's temporary certificate.
"Ticket agent agreements"
means a signed
				  agreement between an auto transportation company and a second party in which
				  the second party agrees, for compensation, to sell tickets to passengers on
				  behalf of the auto transportation company. See WAC
				  480-30-391.
"Time schedule"
means a document filed as part
				  of an auto transportation company's tariff, or as a separate document, that
				  lists the routes operated by the company including the times and locations at
				  which passengers may receive service and any rules specific to operating those
				  routes.