reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-31 - Private, nonprofit transportation providers › Section 480-31-020 - Application of rules

Current through Register Vol. 24-14, July 15, 2024
These rules will apply to any private, nonprofit transportation
				provider so defined by the laws of the state of Washington, engaged in the
				business of providing transportation subject to the jurisdiction of this
				commission for persons with special transportation needs.
Cases of erroneous or doubtful interpretation of these rules by
				a provider or any other person or corporation are subject to appeal to the
				commission by any interested and proper party affected.
Upon proper showing of any provider, the commission may waive
				or modify, as to that provider, the provisions of any rule herein, except when
				such provisions are fixed by statute. No deviation from these rules will be
				permitted without written authorization by the commission. Violations will be
				subject to the penalty provisions of chapter 81.04 RCW.
The adoption of these rules will in no way preclude the
				commission from altering or amending the same, in whole or in part, or from
				requiring any other or additional service, equipment or standard, not otherwise
				herein provided for either upon complaint or upon its own motion, or upon the
				application of any party, and further, these rules will in no way relieve any
				provider from any of its duties under the laws of the state of
				Washington.
Whenever the designation "director, office of motor carrier
				safety," "director, regional motor carrier safety office," "regional highway
				administrator," and "federal highway administration" are used in the respective
				parts of Title 49, Code of
				Federal Regulations, as described in this section, such designations for the
				purpose of this rule will mean the "Washington utilities and transportation
				commission."
Statutory Authority:
				  RCW
				  80.01.040,
				  80.04.160,
				  81.04.160, and
				  34.05.310. 01-20-061 (Docket No.
				  A-010827, General Order No. R-491), § 480-31-020, filed 9/28/01, effective
				  10/29/01. Statutory Authority:
				  RCW
				  80.01.040 and
				  chapter
				  80.01 RCW. 97-08-037
				  (Order R-440, Docket No. TC 961102), § 480-31-020, filed 3/27/97,
				  effective 4/27/97.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-31 - Private, nonprofit transportation providers › Section 480-31-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the language or context indicates that a different
				meaning is intended, the following words, terms, and phrases will, for the
				purpose of this chapter, mean the following:
(1) State - The state of
			 Washington.
(2) Commission - The
			 Washington utilities and transportation commission.
(3) Certificate - A grant of authority issued
			 by the commission to a private, nonprofit transportation provider for the
			 transportation of persons with special transportation needs as provided in
			 chapter 81.66 RCW.
(4) Corporation
			 - A corporation, company, association, or joint stock association.
(5) Public highway - Every street, road or
			 highway in this state.
(6) Motor
			 vehicle - Every self-propelled vehicle with seating capacity of seven or more
			 persons, including the driver.
(7)
			 Commercial motor vehicle - A motor vehicle or combination of motor vehicles
			 used in commerce to transport passengers or property if the motor vehicle is
			 designed to transport sixteen or more passengers, including the
			 driver.
(8) Person - An individual,
			 firm, or copartnership.
(9)
			 Private, nonprofit transportation provider - A private, nonprofit corporation
			 providing transportation services for compensation to persons with special
			 transportation needs.
(10) Provider
			 - Private, nonprofit transportation provider.
(11) Persons with special transportation
			 needs - Those persons, including their personal attendants, who because of
			 physical or mental disability, income status, or age are unable to transport
			 themselves or to purchase appropriate transportation.
Statutory Authority:
				  RCW
				  80.01.040,
				  80.04.160,
				  81.04.160, and
				  34.05.310. 01-20-061 (Docket No.
				  A-010827, General Order No. R-491), § 480-31-030, filed 9/28/01, effective
				  10/29/01. Statutory Authority:
				  RCW
				  80.01.040 and
				  chapter
				  80.01 RCW. 97-08-037
				  (Order R-440, Docket No. TC 961102), § 480-31-030, filed 3/27/97,
				  effective 4/27/97.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-31 - Private, nonprofit transportation providers › Section 480-31-040 - Licenses, and rules and regulations

Current through Register Vol. 24-14, July 15, 2024
No provider may operate a motor vehicle upon the public
				highways of this state until the owner of the vehicle or person lawfully
				responsible for the vehicle has complied with the laws of this state pertaining
				to licenses, obtained a certificate from the commission, and complied with all
				rules and regulations of the commission governing the operation of private,
				nonprofit transportation providers.
Statutory Authority:
				  RCW
				  80.01.040 and
				  chapter
				  80.01 RCW. 97-08-037
				  (Order R-440, Docket No. TC 961102), § 480-31-040, filed 3/27/97,
				  effective 4/27/97.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-31 - Private, nonprofit transportation providers › Section 480-31-050 - Certificates

Current through Register Vol. 24-14, July 15, 2024
(1) The commission
			 will issue a certificate to any corporation which files a completed
			 application, as provided by the commission, which provides:
(a) Satisfactory proof of its status as a
			 private, nonprofit corporation;
(b)
			 Information sufficient to determine the particular service to be
			 provided;
(c) Satisfactory proof of
			 insurance or surety bond, in accordance with WAC
			 480-31-070 (Insurance);
(d) The number and type of vehicles to be
			 operated, together with satisfactory proof that the vehicles are adequate for
			 the proposed service, that the vehicles are or will be licensed in compliance
			 with the laws of the state, and that drivers of such vehicles will be
			 adequately trained and qualified.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-31 - Private, nonprofit transportation providers › Section 480-31-052 - Suspending and canceling certificates

Current through Register Vol. 24-14, July 15, 2024
(1)
Cause for suspension.
The
			 commission may suspend a certificate for cause. Cause includes, but is not
			 limited to:
(a) Failure to maintain evidence
			 of required liability insurance coverage for all areas of a private, nonprofit
			 transportation provider's operations;
(b) Failure to file an annual report or pay
			 required regulatory fees;
(c)
			 Failure or refusal to comply with operating standards that protect the public
			 health, safety, or welfare;
(d)
			 Allowing others to operate under a provider's certificated authority without
			 having first obtained commission approval;
(e) Operating in a manner that violates the
			 rights of customers and/or constitutes an unfair or deceptive business
			 practice; or
(f) Repeated failure
			 or refusal to comply with laws and rules pertaining to operations of private,
			 nonprofit transportation providers.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-31 - Private, nonprofit transportation providers › Section 480-31-054 - Certificates, reinstatement

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 commission may reinstate a certificate canceled for cause under the provisions
			 of WAC 480-31-052 (Suspending and
			 canceling certificates) if the private, nonprofit transportation provider:
(a) Corrects all conditions leading to the
			 cancellation;
(b) Provides a
			 written statement explaining the circumstances surrounding the cancellation and
			 commits that it is unlikely to recur; and
(c) Files an application to reinstate
			 authority with the proper application fee.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-31 - Private, nonprofit transportation providers › Section 480-31-070 - Insurance

Current through Register Vol. 24-14, July 15, 2024
(1) Evidence of
			 liability and property damage insurance or a surety bond must be on file before
			 a certificate will be issued to a private, nonprofit transportation provider.
			 The insurance or surety bond must have been written by a company authorized to
			 write such insurance in the state of Washington or by an unauthorized insurer
			 providing surplus lines coverage subject to the provisions of
			 RCW
			 48.15.040. The combined bodily injury and
			 property damage liability insurance or surety bond must not be less than:
Five hundred thousand dollars combined single limit for
				vehicles with a passenger capacity of less than 16 passengers, including the
				driver;
One million dollars combined single limit for vehicles with a
				passenger capacity of 16 or more passengers, including the driver.
(2) A provider's insurance agency
			 or company must submit evidence of insurance on a "uniform motor carrier bodily
			 injury and property damage liability certificate of insurance" (form
			 E).
(3) All liability and property
			 damage insurance policies issued to providers must carry a "uniform motor
			 carrier bodily injury and property damage liability endorsement."
(4) Insurance termination. All insurance
			 policies issued must provide that the same will continue in full force and
			 effect until canceled by at least 30 days' written notice served on the insured
			 and the commission by the insurance company. The 30-day notice will commence to
			 run from the date notice is actually received by the commission, except for
			 binders which may be canceled on 10 days' written notice.
A provider's insurance agency or company must submit notice of
				cancellation or expiration in duplicate on forms prescribed by the commission
				and must not submit the notice more than 60 days before the desired termination
				date, except binders which may be canceled by 10 days' written notice from the
				insurance agency or company.
(5) No provider may operate on the public
			 highways of this state without insurance as required by this section.
Statutory Authority:
				  RCW
				  80.01.040(4),
				  81.04.160. 06-07-100 (Docket No.
				  T-051359, General Order No. R-529), § 480-31-070, filed 3/15/06, effective
				  4/15/06. Statutory Authority:
				  RCW
				  80.01.040 and
				  chapter
				  80.01 RCW. 97-08-037
				  (Order R-440, Docket No. TC 961102), § 480-31-070, filed 3/27/97,
				  effective 4/27/97.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-31 - Private, nonprofit transportation providers › Section 480-31-080 - Fees and annual report

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 private, nonprofit transportation provider must pay to the commission an annual
			 fee for each vehicle operated. The fee is established by commission order. The
			 provider must pay the annual fee with the filing of the annual
			 report.
(2) At the close of each
			 calendar year, every provider must secure from the commission the proper forms
			 and file with the commission its annual report as soon as possible after the
			 close of the calendar year, but no later than May 1st of the succeeding
			 year.
Statutory Authority:
				  RCW
				  80.01.040,
				  80.04.160, and
				  81.66.030. 08-21-027 (Docket
				  TN-080875, General Order R-552), § 480-31-080, filed 10/7/08, effective
				  11/7/08. Statutory Authority:
				  RCW
				  80.01.040(4),
				  81.04.160. 06-07-100 (Docket No.
				  T-051359, General Order No. R-529), § 480-31-080, filed 3/15/06, effective
				  4/15/06. Statutory Authority:
				  RCW
				  80.01.040 and
				  chapter
				  80.01 RCW. 97-08-037
				  (Order R-440, Docket No. TC 961102), § 480-31-080, filed 3/27/97,
				  effective 4/27/97.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-31 - Private, nonprofit transportation providers › Section 480-31-100 - Equipment - Safety

Current through Register Vol. 24-14, July 15, 2024
In addition to other laws and regulations of this state, all
				providers must comply with the rules and regulations governing motor carrier
				safety prescribed by the United States Department of Transportation in
				Title
				49, Code of Federal
				Regulations, as follows:
(1) Part 379,
			 Preservation of Records;
(2) Part
			 380, Special Training Requirements;
(3) Part 392, Driving of Motor
			 Vehicles;
(4) Part 393, Parts and
			 Accessories Necessary for Safe Operation;
(5) Part 396, Inspection, Repair and
			 Maintenance;
(6) Part 397,
			 Transportation of Hazardous Materials; Driving and Parking rules;
(7) Part 390, Safety Regulations, General;
			 except the terms "motor vehicle" and "private vehicle" are not adopted.
			 Instead, where those terms are used in
			 Title
			 49 C.F.R., they have the
			 meanings assigned to "motor vehicle" in WAC
			 480-31-030. In addition, the term
			 "commercial motor vehicle," where used in
			 Title
			 49 C.F.R. has the meaning
			 assigned to "commercial motor vehicle" in WAC
			 480-31-030.
The commission adopts by reference the provisions of federal
				rules in effect on the date specified in WAC
				480-31-999.
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), § 480-31-100, filed 1/25/11, effective
				  2/25/11. Statutory Authority:
				  RCW
				  80.01.040,
				  80.04.160,
				  81.04.160, and
				  34.05.310. 01-20-061 (Docket No.
				  A-010827, General Order No. R-491), § 480-31-100, filed 9/28/01, effective
				  10/29/01. Statutory Authority:
				  RCW
				  34.05.310, 34.05.356,
				  80.01.040,
				  80.04.160 and
				  80.04.160 [81.04.160]. 99-20-013
				  (Order R-465, Docket No. A-980247), § 480-31-100, filed 9/24/99, effective
				  10/25/99. Statutory Authority:
				  RCW
				  80.01.040 and
				  chapter
				  80.01 RCW. 97-08-037
				  (Order R-440, Docket No. TC 961102), § 480-31-100, filed 3/27/97,
				  effective 4/27/97.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-31 - Private, nonprofit transportation providers › Section 480-31-110 - Identification of motor vehicle equipment

Current through Register Vol. 24-14, July 15, 2024
Providers must display identification markings on the driver
				and passenger side of the vehicles.
The markings must include the name of the provider as
				registered with the commission and the certificate number. Provided however,
				providers holding both intrastate and interstate authority may display either
				the U.S. Department of Transportation certificate number, commission
				certificate number, or both.
The markings must be clearly legible, with letters no less than
				three inches high, in a color that contrasts with the surrounding body panel.
				Leased vehicles may display either permanent markings or placards on the driver
				and passenger sides of the vehicle.
Vehicles operated by or under lease must display the name and
				permit number of either the business operating the vehicle or the registered
				owner. The markings may be permanent or placards on the driver and passenger
				sides of the vehicle.
When identification of the provider would create an
				embarrassment to the persons with special transportation needs, the name of the
				provider may be omitted when authorized by letter from the secretary of the
				commission.
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), § 480-31-110, filed 1/25/11, effective
				  2/25/11. Statutory Authority:
				  RCW
				  80.01.040 and
				  chapter
				  80.01 RCW. 97-08-037
				  (Order R-440, Docket No. TC 961102), § 480-31-110, filed 3/27/97,
				  effective 4/27/97.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-31 - Private, nonprofit transportation providers › Section 480-31-120 - Equipment - Inspection - Ordered for repairs

Current through Register Vol. 24-14, July 15, 2024
(1) All motor vehicles operated by providers
			 must be maintained in a safe and sanitary condition. They must at all times be
			 subject to inspection by the commission and its duly authorized representatives
			 who will have power to order out-of-service any vehicle failing to meet the
			 standards set forth in this section, or if not being operated in compliance
			 with state laws in regard to equipment or method.
(2) Every provider must ensure that all its
			 vehicles are regularly inspected, repaired and maintained, as required by the
			 United States Department of Transportation in
			 Title
			 49, Code of Federal
			 Regulations, part 396 (Inspection, Repair and Maintenance) in effect on the
			 date specified in WAC
			 480-31-999.
(3) All vehicle parts and accessories must be
			 in safe and proper working condition at all times.
(4) Equipment standards. The purpose of this
			 subsection is to identify critical vehicle inspection items and provide
			 criteria for placing a vehicle(s) in an out-of-service category. The criteria
			 for out-of-service condition are those defined in the current
North
			 American Uniform Out-Of-Service Criteria.
Out-of-service condition. When any motor vehicle(s) is in
				out-of-service condition, no provider will require nor will any person operate
				such motor vehicle until all required repairs have been satisfactorily
				completed. The commission adopts by reference the
"North American
				Uniform Out-of-Service Criteria"
published by the Commercial Vehicle
				Safety Alliance in effect on the date specified in WAC
				480-31-999.
Statutory Authority:
				  RCW
				  80.01.040,
				  80.04.160,
				  81.04.160, and
				  34.05.310. 01-20-061 (Docket No.
				  A-010827, General Order No. R-491), § 480-31-120, filed 9/28/01, effective
				  10/29/01. Statutory Authority:
				  RCW
				  34.05.310, 34.05.356,
				  80.01.040,
				  80.04.160 and
				  80.04.160 [81.04.160]. 99-20-013
				  (Order R-465, Docket No. A-980247), § 480-31-120, filed 9/24/99, effective
				  10/25/99. Statutory Authority:
				  RCW
				  80.01.040 and
				  chapter
				  80.01 RCW. 97-08-037
				  (Order R-440, Docket No. TC 961102), § 480-31-120, filed 3/27/97,
				  effective 4/27/97.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-31 - Private, nonprofit transportation providers › Section 480-31-150 - Intrastate medical waivers

Current through Register Vol. 24-14, July 15, 2024
(1)
Department of licensing intrastate medical waiver.
A private,
			 nonprofit transportation provider may use a driver that is not physically
			 qualified to drive a commercial motor vehicle under Title
			 49 C.F.R. Part
			 391.41, if the driver:
(a) Only operates commercial motor vehicles
			 intrastate, wholly within the state of Washington; and
(b) Has obtained from the Washington state
			 department of licensing an intrastate medical waiver to drive a commercial
			 motor vehicle.
For the purposes of a department of licensing medical waiver, a
				commercial motor vehicle means a motor vehicle:
(i) With a gross vehicle weight rating of
			 26,001 pounds or more;
(ii)
			 Transporting 16 or more passengers, including the driver; or
(iii) With a manufacturer's seating capacity
			 of 16 or more passengers, including the driver.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-31 - Private, nonprofit transportation providers › Section 480-31-999 - Adoption by reference

Current through Register Vol. 24-14, July 15, 2024
In this chapter, the commission adopts by reference all or
				portions of regulations and standards identified below. They are available for
				inspection at the commission library. The publications, effective dates,
				references within this chapter, and availability of the resources are as
				follows:
(1)
North
			 American Standard Out-of-Service Criteria
(OOSC) is published
			 by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in
			 effect on April 1, 2023.
(b) This
			 publication is referenced in WAC
			 480-31-120 (Equipment-
			 Inspection-Ordered for repairs).
(c) The
North American Out-of-Service
			 Criteria
is a copyrighted document. Copies are available from
			 CVSA.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-31 - Private, nonprofit transportation providers › Section 480-31-999 - Adoption by reference

Current through Register Vol. 24-14, July 15, 2024
In this chapter, the commission adopts by reference all or
				portions of regulations and standards identified below. They are available for
				inspection at the commission library. The publications, effective dates,
				references within this chapter, and availability of the resources are as
				follows:
(1)
North
			 American Standard Out-of-Service Criteria
(OOSC) is published
			 by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in
			 effect on April 1, 2024.
(b) This
			 publication is referenced in WAC 480-31-120 (Equipment- Inspection-Ordered for
			 repairs).
(c) The
North
			 American Out-of-Service Criteria
is a copyrighted document. Copies are
			 available from CVSA.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-010 - General

Current through Register Vol. 24-14, July 15, 2024
(1) Commercial
			 ferries shall comply with the terms of this chapter in addition to rules
			 prescribed by the commission for public service companies in general.
(2) This chapter is subject to such
			 exceptions as the commission may consider just and reasonable in individual
			 cases.
(3) Application for
			 exception to any of the rules of this chapter shall be made in accordance with
			 the following:
(a) Application must be
			 directed to the commission at its Olympia headquarters office;
(b) The application must be legibly presented
			 on 8-1/2 inch by 11 inch paper, on one side of each sheet only;
(c) The applicant must identify the rule to
			 which exception is sought and give a full explanation of the reasons for
			 requesting the exception.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-022 - Exempt vessels and operations

Current through Register Vol. 24-14, July 15, 2024
The rules of this chapter do not apply to the following vessels
				or operations:
(1) Charter
			 services;
(2) Passenger-carrying
			 vessels that depart and return to the point of origin without stopping at
			 another location within the state where passengers leave the vessel;
(3) Vessels operated by not-for-profit or
			 governmental entities that are replicas of historical vessels or that are
			 recognized by the United States Department of the Interior as national
			 historical landmarks;
(4) Excursion
			 services that:
(a) Originate and primarily
			 operate at least six months per year in San Juan County waters and use vessels
			 less than sixty-five feet in length with a United States Coast Guard
			 certificate that limits them to forty-nine passengers or less;
(b) Do not depart from the point of origin on
			 a regular published schedule;
(c)
			 Do not operate between the same point of origin and the same intermediate stop
			 more than four times in any month or more than fifteen times during any
			 twelve-month period;
(d) Use
			 vessels that do not return to the point of origin on the day of departure;
			 or
(e) Operate vessels upon the
			 waters of the Pend Oreille River, Pend Oreille County, Washington.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-025 - General operation

Current through Register Vol. 24-14, July 15, 2024
(1) Commercial
			 ferries must comply with all pertinent federal and state laws,
			 chapter
			 81.84 RCW, and the rules
			 of this commission.
(2) No
			 certificated commercial ferry shall provide service subject to the regulation
			 of this commission without first having obtained from the commission a
			 certificate declaring that public convenience and necessity require, or will
			 require, that service.
(3) No
			 company may operate any vessel providing excursion service subject to the
			 regulation of this commission over the waters of this state without first
			 having obtained a certificate of public convenience and necessity as provided
			 in RCW
			 81.84.010.
(4) Any operator holding unrestricted
			 commercial ferry authority may provide excursion service on an existing route
			 without the need to obtain additional authority. The commission may restrict
			 grants of commercial ferry authority to operations in excursion
			 service.
(5) Any certificate of
			 public convenience and necessity obtained by any false affidavit, statement or
			 misrepresentation shall be subject to revocation and cancellation by this
			 commission.
Statutory Authority:
				  RCW
				  81.84.070, 1993 c 427, 1995 c 361 and
				  RCW
				  80.01.040(4). 95-22-001
				  (Order R-435, Docket No. TS-941485), § 480-51-025, filed 10/18/95,
				  effective 11/18/95.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-030 - Applications

Current through Register Vol. 24-14, July 15, 2024
(1) Any person
			 desiring to operate a commercial ferry which is required by the provisions of
			 chapter
			 81.84 RCW to be
			 certificated, to acquire a controlling interest in, or to acquire by transfer
			 any certificate, shall file with the Washington utilities and transportation
			 commission an application for a certificate of public convenience and necessity
			 on a form furnished by the commission. Applications shall include, but are not
			 limited to the following:
(a) Pro forma
			 financial statement of operations;
(b) Ridership and revenue
			 forecasts;
(c) The cost of service
			 for the proposed operation;
(d) An
			 estimate of the cost of the assets to be used in providing service;
(e) A statement of the total assets on hand
			 of the applicant that will be expended on the proposed operation; and
(f) A statement of prior experience, if any,
			 in providing commercial ferry service.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-040 - Notice of application - Protests - Contemporaneous applications

Current through Register Vol. 24-14, July 15, 2024
(1) The commission
			 shall send a notice of each application for certificated commercial ferry
			 service and each application to operate vessels providing excursion service,
			 with a description of the terms of that application, to all persons presently
			 certificated to provide service; all present applicants for certificates to
			 provide service; the department of transportation; affected cities and
			 counties; and any other person who has requested, in writing, to receive such
			 notices. Interested persons may file a protest with the commission within
			 thirty days after service of the notice. The protest shall state the specific
			 grounds for opposing the application and contain a concise statement of the
			 interest of the protestant in the proceeding. A person who is eligible to file
			 a protest and fails to do so may not participate further in the proceeding in
			 any way, unless it can be demonstrated that failure to file a protest was due
			 to an omission by the commission in providing proper notification of the
			 pending application.
(2) If any
			 person wishes to seek authority which overlaps, in whole or in part, with that
			 sought in any pending application, it must apply for that authority within
			 thirty days following mailing of the notice of filing of the initial
			 application in order for the applications to be considered jointly. During the
			 thirty-day period, pending applications will be on file and available for
			 inspection in the commission's headquarters office in Olympia.
(3) The commission may consolidate
			 overlapping pending applications, pursuant to WAC
			 480-07-320, for joint
			 consideration.
(4) Overlapping
			 applications which are not filed within thirty days of the initial application
			 will not be jointly considered with the initial application and will not be
			 decided until after the conclusion of proceedings resolving the initial
			 application and any other application qualifying for joint
			 consideration.
(5) The commission
			 may consider and decide, on any schedule, portions of an overlapping
			 application when:
(a) The portions to be
			 heard do not overlap a prior pending application; and
(b) The overlapping portions may
			 appropriately be severed from the portions to be heard.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-050 - Waiver of ten-mile restriction

Current through Register Vol. 24-14, July 15, 2024
(1)
Application.
An application to provide service otherwise forbidden
			 by the ten-mile restriction in
			 RCW
			 47.60.120 shall include a request for waiver
			 of that restriction.
(2)
Notice -- Protests.
The commission shall send a notice of each
			 application for waiver of the ten-mile restriction pursuant to WAC
			 480-51-030. Interested persons
			 shall have twenty days from the date of mailing of the notice in which to file
			 a protest with the commission stating opposition to the waiver petition and
			 application. Protests should set forth specifically the grounds upon which they
			 are made and contain a concise statement of the interest of the protestant in
			 the proceeding.
(3)
Standards.
In determining whether to grant or deny a waiver, the
			 commission shall consider, but is not limited to, the impact of the waiver on:
(a) Transportation congestion
			 mitigation;
(b) Air quality
			 improvement; and
(c) The Washington
			 state ferry system.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-060 - Temporary certificates

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 commission may issue temporary certificates for authority to provide service
			 for a period not to exceed one hundred eighty days.
(2) The commission shall not issue a
			 temporary certificate to operate on a route for which a certificate has been
			 issued or for which an application is pending.
(3) The commission shall only issue temporary
			 certificates upon finding that the issuance is due to an urgent and immediate
			 need and is otherwise consistent with the public interest. In determining
			 whether to grant the requested temporary certificate, the commission will
			 consider evidence of the following factors:
(a) An immediate and urgent need for the
			 requested service;
(b) Any
			 available service capable of meeting the need;
(c) The fitness of the applicant;
			 and
(d) Any other circumstance
			 indicating that a grant of temporary authority is consistent with the public
			 interest.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-075 - Safety

Current through Register Vol. 24-14, July 15, 2024
(1) No commercial
			 ferry shall operate any vessel that has not been inspected by the United States
			 Coast Guard and certified to be safe and seaworthy for its intended
			 operation.
(2) Each commercial
			 ferry shall maintain in its main office a copy of the most current certificate
			 issued for each vessel operated.
(3) The commission may periodically require
			 commercial ferry operators to provide proof that each vessel operated has been
			 inspected and found to be safe and seaworthy. Such proof may be contained on
			 the annual report form required by WAC
			 480-51-100.
(4) No commercial ferry shall augment its
			 fleet with a vessel leased, borrowed, or obtained from another party unless the
			 commercial ferry operator first obtains proof that the vessel has been
			 inspected within the past twelve months and found to be safe and seaworthy for
			 its intended purpose. A copy of the inspection certificate must be maintained
			 in the commercial ferry operator's files for a period of not less than twelve
			 months following use of such vessel.
Statutory Authority:
				  RCW
				  81.84.070, 1993 c 427, 1995 c 361 and
				  RCW
				  80.01.040(4). 95-22-001
				  (Order R-435, Docket No. TS-941485), § 480-51-075, filed 10/18/95,
				  effective 11/18/95.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-077 - Operators of common carrier ferry vessels - Registration - Regulations

Current through Register Vol. 24-14, July 15, 2024
(1) No person shall
			 operate a common carrier ferry vessel without first having registered with the
			 commission and filing a tariff in accordance with the provisions of WAC
			 480-51-080. Registration to be
			 made on forms supplied by the commission. Operators of passenger-carrying
			 common carrier ferry vessels must provide evidence of insurance as required by
			 WAC 480-51-070.
(2) Any person who operates a common carrier
			 ferry vessel shall be required to submit annual reports and regulatory fees in
			 accordance with the provisions of WAC
			 480-51-100.
(3) Operators of common carrier ferry vessels
			 shall maintain accounts in accordance with the provisions of WAC
			 480-51-110.
(4) Any person operating a common carrier
			 ferry vessel on the date this rule is adopted must file a registration
			 application within sixty days of the effective date of the rule.
Statutory Authority:
				  RCW
				  81.84.070, 1993 c 427, 1995 c 361 and
				  RCW
				  80.01.040(4). 95-22-001
				  (Order R-435, Docket No. TS-941485), § 480-51-077, filed 10/18/95,
				  effective 11/18/95.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-080 - Tariffs

Current through Register Vol. 24-14, July 15, 2024
(1) All commercial
			 ferries shall file with the commission tariffs containing fair, just and
			 reasonable rates governing the transportation services to be provided.
(a) Pursuant to Article 12, section 12 of the
			 Washington Constitution and
			 RCW
			 81.28.180 and
			 81.28.190, rates contained in
			 commercial ferry tariffs must be nondiscriminatory and
			 nonpreferential.
(b) Tariffs may
			 provide for variations within a band of rates, and may provide for exceptions
			 and conditions in defined circumstances.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-090 - Time schedules

Current through Register Vol. 24-14, July 15, 2024
Each certificate holder, excluding launch services, shall
				publish and file with the commission, time schedules showing all service given
				under their certificate and the manner in which it is available, as
				follows:
(1) Time schedules shall be
			 typewritten or printed on 8-1/2 x 11 inch paper.
(2) The title page of each time schedule must
			 show the following (see sample time schedule in subsection (8) of this
			 section):
(a) A consecutive number in the
			 upper right hand corner, indicating the number of the current version of the
			 time schedule (beginning with Number 1), and must show the number of the time
			 schedule cancelled thereby, if any.
(b) The name of the certificate holder,
			 approved trade name under which operation is conducted, and the number of the
			 certificate.
(c) The termini or
			 points between which the time schedule applies, briefly stated.
(d) A definite statement of the regular route
			 or routes traversed including all intermediate stops and the names and
			 locations of all docks and landings used along the route.
(e) The date when the time schedule is
			 issued, posted and filed with the commission and the date when the time
			 schedule is to become effective.
(f) The name, title and address (including
			 both street address and mailing address, if different from street address) of
			 the official issuing the time schedule.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-100 - Annual reports - Regulatory fees

Current through Register Vol. 24-14, July 15, 2024
(1) Each person operating a commercial ferry
			 shall after the close of each year file with the commission reports covering
			 its operations during the preceding calendar year containing the information
			 required by the commission. The annual report must be prepared on forms
			 furnished by the commission and must be filed, along with the regulatory fee,
			 not later than May 1st of each year.
(2) The commercial ferry regulatory fee is
			 set by statute at two-fifths of one percent of gross intrastate operating
			 revenue.
(a) The maximum regulatory fee is
			 assessed each year, unless the commission issues an order establishing the
			 regulatory fee at an amount less than the statutory maximum.
(b) The minimum regulatory fee that a
			 commercial ferry must pay is twenty dollars.
(c) The twenty dollar minimum regulatory fee
			 is waived for any commercial ferry with less than five thousand dollars in
			 gross intrastate operating revenue.
(d) The commission does not grant extensions
			 for payment of regulatory fees.
(e)
			 If a company does not pay its regulatory fee by May 1, the commission will
			 assess an automatic late fee of two percent of the amount due, plus one percent
			 interest for each month the fee remains unpaid.
(f) The commission may take action to suspend
			 or cancel a certificate, if a company fails to pay its regulatory
			 fee.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-110 - Accounts

Current through Register Vol. 24-14, July 15, 2024
(1) The accounts
			 and records of certificate holders shall be kept in accordance with the
			 commission's "uniform classification of accounts and statistics for water
			 transportation companies" including all current supplements, amendments,
			 revisions and reissuances.
(2) The
			 accounts, records and statistics of certificate holders must be kept reasonably
			 up-to-date to disclose at all times the information and data required to be
			 kept.
(3) Operators of common
			 carrier ferry vessels shall maintain accounts, books and records sufficient to
			 allow calculation of the gross revenue earned in providing passenger and
			 vehicle water transportation services and sufficient to complete annual reports
			 as required in WAC
			 480-51-100.
Statutory Authority:
				  RCW
				  81.84.070, 1993 c 427, 1995 c 361 and
				  RCW
				  80.01.040(4). 95-22-001
				  (Order R-435, Docket No. TS-941485), § 480-51-110, filed 10/18/95,
				  effective 11/18/95.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-120 - Failure to initiate service - Extensions of time to initiate service - Progress reports

Current through Register Vol. 24-14, July 15, 2024
(1)
Progress
			 reports.
(a) If a certificate holder
			 has not initiated service to all or any portion of the route or routes granted
			 in its certificate, the certificate holder must, during the first five years
			 after obtaining the certificate, and during each twelve-month extension period
			 granted by the commission, file written progress reports with the commission
			 every six months after the certificate is granted.
(b) For purposes of these rules the following
			 definitions shall apply:
(i) The term
			 "portion of a route or routes" means service to any named point or points along
			 a route, and service between two or more points named in a certificated
			 commercial ferry certificate; and
(ii) The term "initiating service" means
			 providing regular, ongoing service to all points and between all points granted
			 in a certificated commercial ferry certificate.
(c) Progress reports must include a statement
			 of progress toward overcoming impediments to initiating service, including, but
			 not limited to, the following information: The progress of environmental
			 impact, parking, local government land use, docking, and financial
			 considerations, the purchase or lease of a vessel or vessels, hiring of
			 employees, advertising, and the ability to handle proposed traffic.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-130 - Indefinite discontinuance of service

Current through Register Vol. 24-14, July 15, 2024
No certificate holder shall discontinue the service authorized
				under its certificate and set forth in its filed time schedule without first
				having given to the commission and to the public, at least fifteen days'
				notice, in writing, of its intention to discontinue such service, and without
				having secured the commission's permission. The commission shall not grant
				permission for discontinuance of service for periods exceeding twelve
				months.
Statutory Authority:
				  RCW
				  81.84.070, 1993 c 427, 1995 c 361 and
				  RCW
				  80.01.040(4). 95-22-001
				  (Order R-435, Docket No. TS-941485), § 480-51-130, filed 10/18/95,
				  effective 11/18/95.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-140 - Temporary interruptions of service - Suspension of service

Current through Register Vol. 24-14, July 15, 2024
(1) Certificate
			 holders shall report promptly in writing to the commission, and to the public
			 along the route, all interruptions of regular service, where such interruptions
			 are likely to continue for more than twenty-four hours. Said report to include
			 a full statement of the cause of such interruption and its probable
			 duration.
(2) Discontinuance or
			 suspension of service by a certificate holder for a period of five consecutive
			 days without notice to the commission shall be deemed a forfeiture of all right
			 secured under and by virtue of any order or permission to operate, issued by
			 the commission: Provided, however, That the commission may permit the
			 resumption of operation after such five-day discontinuance or suspension, on
			 proper showing that the certificate holder was not responsible for the failure
			 to give service or notice.
Statutory Authority:
				  RCW
				  81.84.070, 1993 c 427, 1995 c 361 and
				  RCW
				  80.01.040(4). 95-22-001
				  (Order R-435, Docket No. TS-941485), § 480-51-140, filed 10/18/95,
				  effective 11/18/95.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-150 - Certificates, involuntary cancellation, revocation, suspension, alteration or amendment by the commission

Current through Register Vol. 24-14, July 15, 2024
(1) Upon
			 complaint by an interested party, or upon its own motion after notice and
			 opportunity for hearing, the commission may cancel, revoke, suspend, alter, or
			 amend a certificate issued under this chapter for any of the following grounds:
(a) Violation of an order, decision, rule,
			 regulation, or requirement established by the commission or the requirements of
			 law;
(b) Failure of the certificate
			 holder to initiate service by the conclusion of the fifth year after the
			 certificate has been granted or by the conclusion of an extension granted under
			 RCW
			 81.84.010(2) or (3), if the
			 commission has considered the progress report information required under
			 RCW
			 81.84.010(2) or
			 (3);
(c) Failure of the certificate holder to file
			 an annual report;
(d) Filing by the
			 certificate holder of an annual report that shows no revenue in the previous
			 twelve-month period after service has been initiated;
(e) Violation of any provision of this
			 chapter;
(f) Violation of or
			 failure to observe the provisions or conditions of the certificate, tariffs or
			 filed time schedule;
(g) Failure of
			 the certificate holder to maintain the required insurance coverage in full
			 force and effect; or
(h) Failure or
			 refusal to furnish reasonable and adequate service after initiating
			 service.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-54 - ATTACHMENT TO TRANSMISSION FACILITIES › Section 480-54-010 - Purpose, interpretation, and application

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter implements chapter 80.54 RCW
			 "Attachment to Transmission Facilities."
(2) The commission will consider Federal
			 Communications Commission orders promulgating and interpreting its pole
			 attachment rules and federal court decisions reviewing those rules and
			 interpretations as persuasive authority in construing the provisions in this
			 chapter.
(3) The rules in this
			 chapter apply to all owners, occupants, and requesters as defined in this
			 chapter without regard to whether those entities are otherwise subject to
			 commission jurisdiction.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-54 - ATTACHMENT TO TRANSMISSION FACILITIES › Section 480-54-040 - Contractors for survey and make-ready work

Current through Register Vol. 24-14, July 15, 2024
(1) An owner should make available and keep
			 up-to-date a reasonably sufficient list of contractors it authorizes to perform
			 surveys and make-ready work in the communications space on its poles in cases
			 where the owner has failed to meet deadlines specified in WAC
			 480-54-030.
(2) If a requester
			 hires a contractor for purposes specified in WAC 480-54-030, the requester must
			 choose a contractor included on the owner's list of authorized contractors. If
			 the owner does not maintain such a list, the requester may choose a contractor
			 without the owner's approval of that choice.
(3) A requester that hires a contractor for
			 survey or make-ready work must provide the owner with prior written notice
			 identifying and providing the contact information for the contractor and must
			 provide a reasonable opportunity for an owner representative to accompany and
			 consult with the contractor and the requester.
(4) Subject to commission review in a
			 complaint proceeding, the consulting representative of an owner may make final
			 determinations, on a nondiscriminatory basis, on the attachment capacity of any
			 pole and on issues of safety, reliability, and generally applicable engineering
			 principles.