reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-32 - Regulations for private carrier buses › Section 204-32-090 - Stops at railroad crossings

Current through Register Vol. 24-14, July 15, 2024
(1) The driver of any private carrier bus,
			 carrying any passenger, before crossing at grade any track or tracks of a
			 railroad, must stop such vehicle within fifty feet but no less than fifteen
			 feet from the nearest rail of such railroad and while so stopped must listen
			 and look in both directions along such track for any approaching train, and for
			 signals indicating the approach of a train and must not proceed until he can do
			 so safely.
(2) After stopping as
			 required and upon proceeding when it is safe to do so the driver of any private
			 carrier bus must cross only in such gear of the vehicle that there will be no
			 necessity for changing gears while traversing such crossing and the driver must
			 not shift gears while crossing the track or tracks.
(3) No stop need be made at any such crossing
			 where a police officer or a traffic-control signal directs traffic to
			 proceed.
Statutory Authority:
				  RCW
				  46.37.005 and
				  46.37.290. 08-19-078, §
				  204-32-090, filed 9/16/08, effective 10/17/08; Order 7001, § 204-32-090,
				  filed 6/10/70, effective 7/15/70.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-32 - Regulations for private carrier buses › Section 204-32-100 - Inspection of buses

Current through Register Vol. 24-14, July 15, 2024
The chief may, from time to time, require that every private
				carrier bus be presented at some location which must be designated by him for
				the purpose of inspection of the vehicle to determine if the vehicle is
				equipped as required by law and the provisions of this
				regulation.
Statutory Authority:
				  RCW
				  46.37.005 and
				  46.37.290. 08-19-078, §
				  204-32-100, filed 9/16/08, effective 10/17/08; Order 7001, § 204-32-100,
				  filed 6/10/70, effective 7/15/70.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-32 - Regulations for private carrier buses › Section 204-32-110 - Bus stops and routing

Current through Register Vol. 24-14, July 15, 2024
The chief may delegate officers of the Washington state patrol
				to work with private carrier bus operators and owners to establish routes and
				passenger loading and unloading locations which will provide the greatest
				safety for bus passengers and the motoring public. Bus stops and routes
				established by this means must be adhered to by private carrier bus
				drivers.
Statutory Authority:
				  RCW
				  46.37.005 and
				  46.37.290. 08-19-078, §
				  204-32-110, filed 9/16/08, effective 10/17/08; Order 7001, § 204-32-110,
				  filed 6/10/70, effective 7/15/70.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-36 - Authorized emergency vehicle permits › Section 204-36-010 - Promulgation

Current through Register Vol. 24-14, July 15, 2024
The state patrol hereby adopts the following regulations
				relating to the issuance of an authorized emergency vehicle permit, for those
				vehicles not already authorized under state or federal
				statute.
Statutory Authority:
				  RCW
				     46.37.194 and
				  46.37.005. 09-09-091, §
				  204-36-010, filed 4/16/09, effective 5/17/09. Statutory Authority:
				  RCW
				     46.37.194. 88-15-052 (Order 88-08-ESR),
				  § 204-36-010, filed 7/18/88. Statutory Authority:
				  RCW
				     46.37.005 and
				  46.37.194. 79-02-085 (Order
				  7501A), § 204-36-010, filed 2/7/79; Order 7301, § 204-36-010, filed
				  2/5/73.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-36 - Authorized emergency vehicle permits › Section 204-36-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) Applicant means
			 any person, firm, corporation or municipal corporation desiring to have a
			 vehicle registered as an authorized emergency vehicle pursuant to
			 RCW
			    46.37.194.
(2) Authorized emergency vehicle has the same
			 meaning as defined in
			 RCW
			    46.04.040.
(3) Burial, removal, or transit permit means
			 a form, approved and supplied by the state registrar of vital statistics as
			 described in
			 chapter
			 70.58 RCW, identifying the
			 name of the deceased, date and place of death, general information, disposition
			 and registrar and sexton information.
(4) Digital signature means a signature in
			 electronic format that is either a digitized image of a wet signature or a
			 graphical representation of a handwritten signature which is under the
			 exclusive control of the person signing the document.
(5) Electronic record means a record
			 generated, communicated, received or stored by electronic means for use in an
			 information system or for transmission from one information system to
			 another.
(6) Funeral escort means a
			 funeral procession provided in accordance with WAC
			 308-330-466 for the purpose of
			 transporting human remains under a burial, removal, or transit permit issued in
			 accordance with
			 chapter
			 70.58 RCW for disposition,
			 except as otherwise provided by law, in a cemetery or building dedicated
			 exclusively for religious purposes.
(7) Geographic area means the city, county,
			 state routes or interstate roads on which the vehicle will be operated under
			 the authorized emergency vehicle permit if approved.
(8) Operator or driver. The term operator and
			 the term driver, as used herein, means every person who is in actual physical
			 control of an authorized emergency vehicle.
(9) Operation. The term operation, as used
			 herein, is the driving or moving by any operator or driver upon a public
			 highway of any vehicle that is equipped or has attached thereon any emergency
			 equipment, the installation of which requires an authorized emergency vehicle
			 permit, whether or not the emergency equipment is activated.
(10) Patrol means the Washington state
			 patrol.
(11) Primary jurisdiction
			 means lead department who has jurisdiction on the roads that the applicant
			 wishes to use the emergency lighting on.
(12) Political subdivision means the
			 individual who has authority over the applicant if the applicant is the chief
			 law enforcement officer or fire chief.
Statutory Authority:
				  RCW
				     46.37.194 and
				  46.37.005. 09-09-091, §
				  204-36-020, filed 4/16/09, effective 5/17/09. Statutory Authority:
				  RCW
				     46.37.194. 88-15-052 (Order 88-08-ESR),
				  § 204-36-020, filed 7/18/88. Statutory Authority:
				  RCW
				     46.37.005 and
				  46.37.194. 79-02-085 (Order
				  7501A), § 204-36-020, filed 2/7/79; Order 7301, § 204-36-020, filed
				  2/5/73.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-36 - Authorized emergency vehicle permits › Section 204-36-050 - Equipment requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Authorized
			 emergency vehicles must be:
(a) Conventional
			 passenger cars, vans, pickups, or similar vehicles;
(b) Conventionally painted; and
(c) Legally equipped in conformance with
			 RCW
			    46.37.190(1) with at least
			 one lamp capable of displaying a red light visible from at least 500 feet in
			 normal sunlight and a siren capable of giving an audible signal. Such equipment
			 must not be installed prior to obtaining approval of the application and
			 issuance of a temporary certificate of approval for the vehicle(s) by the
			 patrol. To be considered approved equipment for use under the provisions of
			 this section, all devices must meet the criteria established in
			 RCW
			    46.37.320. In descending order of preference,
			 these are:
(i) Conformance to current
			 standards and specifications of the Society of Automotive Engineers, or; if
			 none
(ii) Certified for compliance
			 by any recognized organization or agency such as, but not limited to, the
			 American National Standards Institute, the Society of Automotive Engineers, or
			 the American Association of Motor Vehicle Administrators.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-36 - Authorized emergency vehicle permits › Section 204-36-060 - Vehicles

Current through Register Vol. 24-14, July 15, 2024
(1) If the patrol
			 approves the initial application, the applicant will be issued a temporary
			 permit for the vehicle(s) which will be valid for thirty days, during which
			 time the emergency equipment may be installed for the purpose of inspection.
			 After installation of the emergency equipment, the applicant must bring the
			 vehicle to a district or detachment office of the patrol to be examined by any
			 patrol officer to verify the location, make, model, and color (if applicable)
			 of the emergency equipment. A patrol officer will certify the results of this
			 examination on a form prescribed and provided by the patrol and the applicant
			 must file the form with the patrol. Original forms may be mailed to the patrol
			 at the Equipment and Standards Unit, General Administration Building, P.O. Box
			 42600, Olympia, WA 98504-2600 or the electronic record of the form may be
			 e-mailed to equip-ment@wsp.wa.gov. Upon the patrol's receipt of such
			 certification, the patrol will review the documentation and may issue a vehicle
			 permit, which must be carried in the vehicle at all times, and expires when:
(a) The vehicle is removed from the permit;
			 or
(b) The authorized emergency
			 vehicle permit is terminated by the applicant or by the patrol; or
(c) The authorized emergency vehicle permit
			 expires, which will be one year from the date of issuance thereof.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-36 - Authorized emergency vehicle permits › Section 204-36-065 - Operators

Current through Register Vol. 24-14, July 15, 2024
(1) Operators must
			 have a valid driver's license properly endorsed to operate the vehi-cle(s)
			 listed under the permit.
(2) The
			 patrol may refuse to approve the application, certificate or permit, or in the
			 case of an application which lists multiple operators may refuse to approve any
			 single operator if the applicant/operator:
(a)
			 Has been convicted of a felony during the ten years preceding the date of the
			 application provided that the felony for which the applicant was convicted
			 directly relates to the specific occupation, trade, vocation, or business for
			 which the certificate or permit is sought;
(b) Has ever been convicted of the following:
(i) Any class A felony or any "sex offense"
			 as defined in
			 RCW
			    9.94A.030, regardless of the date or state of
			 conviction; or
(ii) Any class B
			 felony within the last seven years; or
(iii) Any class C felony within the last five
			 years; or
(iv) A DUI as defined in
			 chapter
			 46.61 RCW, or convicted of
			 a similar offense regardless of the state of conviction, within the last seven
			 years; or
(v) Reckless driving, or
			 a hit and run, within the last seven years; or
(vi) A gross misdemeanor within the last five
			 years; or
(vii) Any misdemeanor
			 within the last year; or
(c) Must register as a sex or kidnapping
			 offender.
Crimes referenced in this section are as defined in the
				criminal code as they exist at the time of the violation, as they now exist or
				may later be amended in the state of Washington. Out-of-state convictions for
				offenses will be classified according to the comparable offense definitions and
				sentences provided by Washington law.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-36 - Authorized emergency vehicle permits › Section 204-36-070 - Revocation or suspension

Current through Register Vol. 24-14, July 15, 2024
(1) Violation
			 of any of these regulations will be grounds for suspension or revocation of the
			 authorized emergency vehicle permit. Notice will be furnished to the applicant
			 at least twenty days prior to the effective date of such suspension or
			 revocation. The notice will describe the grounds for the order and will furnish
			 the applicant an opportunity to be heard within the twenty-day period. The
			 notice may provide for immediate suspension of the permit prior to any hearing,
			 or the patrol may suspend the permit following the hearing but prior to final
			 determination, if it is necessary to do so in the interests of the public
			 health, safety or welfare.
(2) The
			 chief law enforcement officer, or fire chief if the vehicle is to be used for
			 firefighting purposes, of each primary jurisdiction in which the vehicle is
			 operated as an authorized emergency vehicle may revoke his or her certification
			 of the vehicle by notifying the patrol in writing or by electronic notice of
			 such revocation and his or her reasons therefore. Following notice to the
			 applicant and an opportunity to be heard, the permit may be invalidated by the
			 patrol.
(3) Failure to maintain the
			 required insurance coverage will result in suspension or revocation of the
			 vehicle permit by the patrol and may result in action taken on the authorized
			 emergency vehicle permit.
(4) An
			 operator, the company or organization holding the authorized emergency vehicle
			 permit must notify the patrol of any motor vehicle collision or violation that
			 occurred involving a vehicle listed under the authorized emergency vehicle
			 permit if such collision or violation occurred while being used under the scope
			 of the permit.
(a) Such notification must be
			 received by the patrol within thirty days of the collision or violation.
			 Failure to provide notification within the specified time frame may result in
			 suspension or revocation of the permit, an individual operator or vehicle
			 permit.
(b) Collisions or citations
			 may be cause for the patrol to suspend or revoke an authorized emergency
			 vehicle permit, an individual operator or vehicle permit.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-36 - Authorized emergency vehicle permits › Section 204-36-080 - Exception for federal law enforcement agency vehicles

Current through Register Vol. 24-14, July 15, 2024
A vehicle of a federal law enforcement entity is recognized as
				an authorized emergency vehicle which need not be classified, registered, or
				authorized by the patrol.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-41 - Seat belt exemptions › Section 204-41-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated pursuant to
				RCW
				   46.61.688 and chapter 152, Laws of 1986, and
				is intended to administratively implement that statute.
Statutory Authority:
				  RCW
				  46.61.688. 86-20-037 (Order 86-1), §
				  204-41-010, filed 9/25/86.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-41 - Seat belt exemptions › Section 204-41-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this rule is to exempt the operators of specific
				vehicles that stop on a frequent basis while traveling on public roadways from
				the requirement to wear a seat belt assembly.
Statutory Authority:
				  RCW
				  46.61.688. 86-20-037 (Order 86-1), §
				  204-41-020, filed 9/25/86.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-41 - Seat belt exemptions › Section 204-41-030 - Seat belting of prisoners

Current through Register Vol. 24-14, July 15, 2024
If the patrol vehicle is equipped with a seat belt system, it
				is intended that all prisoners being transported in a passenger style patrol
				vehicle wear a seat belt.
Prisoners that are transported in the front seat of a patrol
				vehicle should be placed in a seat belt assembly.
Statutory Authority:
				  RCW
				  46.61.688. 95-09-091, § 204-41-030,
				  filed 4/19/95, effective 5/20/95; 86-20-037 (Order 86-1), § 204-41-030,
				  filed 9/25/86.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-41 - Seat belt exemptions › Section 204-41-040 - Rural United States postal carriers

Current through Register Vol. 24-14, July 15, 2024
Employees of the United States Postal Service are not required
				to wear a seat belt system while delivering mail and while actually on a
				designated rural mail route. Seat belt use is required when traveling to and
				from the mail route.
Statutory Authority:
				  RCW
				  46.61.688. 86-20-037 (Order 86-1), §
				  204-41-040, filed 9/25/86.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-41 - Seat belt exemptions › Section 204-41-050 - Rural newspaper carriers

Current through Register Vol. 24-14, July 15, 2024
Employees of newspapers that deliver newspapers on rural routes
				are not required to wear a seat belt system while actually on a designated
				newspaper delivery route. This shall mean in sparsely populated areas. Seat
				belt use is required when traveling to and from the newspaper
				route.
Statutory Authority:
				  RCW
				  46.61.688. 86-20-037 (Order 86-1), §
				  204-41-050, filed 9/25/86.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-41 - Seat belt exemptions › Section 204-41-060 - Utility meter readers

Current through Register Vol. 24-14, July 15, 2024
Meter readers may be exempted from the seat belt requirements
				only during the time they are reading meters in residential areas and are
				continually in and out of their vehicles. Seat belt use is required when
				traveling to and from their actual route, or when on other utility
				business.
Statutory Authority:
				  RCW
				  46.37.005 and
				  46.37.510. 97-10-023, §
				  204-41-060, filed 4/29/97, effective
				  5/30/97.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-41 - Seat belt exemptions › Section 204-41-070 - Refuse and recycling collectors

Current through Register Vol. 24-14, July 15, 2024
Refuse and recycling collectors are not required to wear a seat
				belt system while performing collections on their designated collection routes.
				Seat belt use is required when traveling to and from the collection
				route.
Statutory Authority:
				  RCW
				  46.61.688. 00-22-028, § 204-41-070,
				  filed 10/23/00, effective 11/23/00.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-41 - Seat belt exemptions › Section 204-41-080 - Commercially recognized delivery vehicles

Current through Register Vol. 24-14, July 15, 2024
Operators of commercially recognized delivery vehicles making
				frequent stops when traveling wholly within the limits of a town of less than
				ten thousand population, traveling less than one mile between stops on roads
				with a posted speed limit not greater than thirty-five miles per hour, while
				actually on a designated delivery route are not required to wear a seat belt
				system. Seat belt use is required when traveling to and from the designated
				route.
Statutory Authority:
				  RCW
				  46.61.688(2). 05-16-093,
				  § 204-41-080, filed 8/2/05, effective
				  9/2/05.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-44 - Standards for load fastening devices › Section 204-44-010 - Promulgation

Current through Register Vol. 24-14, July 15, 2024
Under authority of
				RCW
				   46.37.005,
				46.37.490, and
				46.61.655, the patrol hereby
				adopts the following rules pertaining to the use of safety chains or other
				devices on vehicles to secure and protect the loads thereon.
Statutory Authority:
				  RCW
				     46.37.005. 90-06-055, § 204-44-010,
				  filed 3/5/90, effective 4/5/90; Order 7303, § 204-44-010, filed
				  12/19/73.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-44 - Standards for load fastening devices › Section 204-44-012 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Patrol" means
			 the Washington state patrol.
(2)
			 "Securely fastened" as used in
			 RCW
			    46.37.490,
			 46.61.655, and this chapter means
			 that the load will be secured using an adequate number of approved tiedown
			 devices to prevent the load from shifting or dropping from the
			 vehicle.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-44 - Standards for load fastening devices › Section 204-44-014 - Approved tiedown devices

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 following types of tiedown devices are approved by the patrol:
(a) Steel chain;
(b) Steel cable;
(c) Steel strapping; and
(d) Fiber webbing.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-44 - Standards for load fastening devices › Section 204-44-020 - Securing logs

Current through Register Vol. 24-14, July 15, 2024
(1) Any motor
			 truck, truck tractor, trailer, semi-trailer, or any combination thereof,
			 transporting logs upon a public highway where tiedown devices are required,
			 must have the load thereon securely fastened and protected as follows:
(a) On log trucks using stakes:
(i) For one log loads, one wrapper chain or
			 cable will be required and it must be secured to the rear bunk and the log must
			 be properly blocked or secured in a manner which will prevent it from rolling
			 or shifting. An additional wrapper secured to the front bunk is
			 optional.
(ii) For two log loads,
			 not less than two wrapper chains or cables will be used to secure the load. The
			 logs must be properly blocked to prevent them from rolling or
			 shifting.
(iii) For loads
			 consisting of three or four logs not over 44 feet in length, the load must be
			 secured by not less than two properly spaced wrapper chains or cables. Ends of
			 short logs not secured by such wrappers must be secured with extra wrappers. If
			 any log is over 44 feet in length, the load must be secured by not less than
			 three properly spaced wrappers. If the logs have different lengths, they must
			 be secured so that the longer logs are on the bottom, and each log is secured
			 by not less than two properly spaced wrappers.
(iv) For loads consisting of five or more
			 logs, when the logs are all 17 feet or less in length, they must be secured by
			 not less than two properly spaced wrappers. Loads consisting of five or more
			 logs, when any log is over 17 feet in length, must be secured by not less than
			 three properly spaced wrappers.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-44 - Standards for load fastening devices › Section 204-44-02001

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				     46.37.005,
				  46.37.010, and
				  46.37.490. 78-10-100 (Order
				  7303B), (codified as WAC
				  204-44-02001), filed
				  10/3/78.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-44 - Standards for load fastening devices › Section 204-44-030

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				     46.37.005. 90-06-055, § 204-44-030,
				  filed 3/5/90, effective 4/5/90; Order 7303, § 204-44-030, filed
				  12/19/73.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-44 - Standards for load fastening devices › Section 204-44-040 - Securing pole trailers while in transit

Current through Register Vol. 24-14, July 15, 2024
Any empty pole trailer loaded upon any truck-tractor (except
				pole trailers that straddle the truck-tractor bunks) must be fastened to the
				truck-tractor by not less than one 5/16" grade seven or better chain and one
				tensioning or locking device in such a manner as to prevent it from falling or
				shifting while in transit. The chain must be securely fastened between the
				forward point on the reach tunnel and a point on the truck-tractor frame or
				from either axle of the pole trailer to a point directly below the
				truck-tractor frame or crossmember.
Statutory Authority:
				  RCW
				     46.37.005. 93-11-017, § 204-44-040,
				  filed 5/6/93, effective 6/6/93.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated pursuant to
				RCW
				   43.43.395,
				46.37.005 and
				46.04.215.
Statutory Authority:
				  RCW
				  43.43.395,
				  46.37.005, and
				  46.04.215. 10-24-074, §
				  204-50-010, filed 11/30/10, effective 1/1/11. Statutory Authority:
				  RCW
				     46.04.215 and
				  46.37.005. 99-01-156, §
				  204-50-010, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247.
				  88-01-020 (Order 87-05-ESR), § 204-50-010, filed
				  12/9/87.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish guidelines for the
				certification, installation, repair, maintenance, monitoring, inspection, and
				removal of ignition interlock devices, as required by
				RCW
				   46.04.215 and
				43.43.395.
Statutory Authority:
				  RCW
				  43.43.395,
				  46.37.005, and
				  46.04.215. 10-24-074, §
				  204-50-020, filed 11/30/10, effective 1/1/11. Statutory Authority:
				  RCW
				     46.04.215 and
				  46.37.005. 99-01-156, §
				  204-50-020, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247.
				  88-01-020 (Order 87-05-ESR), § 204-50-020, filed
				  12/9/87.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this
				chapter:
(1) "Alcohol" means the
			 unique chemical compound ethyl alcohol or ethanol.
(2) "Breath alcohol concentration" or "BrAC"
			 has the same meaning as in RCW     46.04.015(1).
(3) "Certification" means the testing and
			 approval process required by RCW     43.43.395 and chapter 204-50 WAC.
(4) "Chief" means the chief of the Washington
			 state patrol.
(5) "Circumvent" or
			 "circumvention" means the attempted or successful bypass of the proper
			 functioning of an ignition interlock device by any means including, but not
			 limited to:
(a) The operation of a vehicle
			 without a properly functioning ignition interlock device;
(b) The push start of a vehicle with an
			 ignition interlock device;
(c) The
			 alteration or disconnection of any part of the ignition interlock device
			 including the control head while the vehicle is in operation;
(d) The intentional introduction of an air
			 sample that is altered, diluted, contaminated, stored, or filtered, or that is
			 obtained from an air compressor, hot air dryer, balloon, manual air pump, or
			 other mechanic device, to start or continue to operate a vehicle;
(e) The intentional introduction of an air
			 sample from an individual who is not the driver of the vehicle to start or
			 continue to operate the vehicle;
(f) The intentional disruption or blocking of
			 a digital image identification device or global positioning system;
(g) The continued operation of the interlock
			 equipped vehicle after the ignition interlock device detects a BrAC equal to or
			 higher than the alcohol set point.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-042 - Service center certification and inspection

Current through Register Vol. 24-14, July 15, 2024
(1) An application must be approved, all
			 applicable fees paid and a letter of certification issued by the chief or
			 designee before a fixed or mobile service center may repair, install, remove,
			 or service a certified ignition interlock device pursuant to this
			 chapter.
(2)
Application for
			 certification for a fixed site service center.
(a) A manufacturer must submit an application
			 to the impaired driving section for a letter of certification for a fixed
			 service center. A manufacturer may approve a vendor to submit an application
			 for a fixed service center on a case-by-case basis.
(b) In order to have a fixed service center
			 certified, the applicant(s) must:
(i) Complete
			 the application form provided by the impaired driving section. In the
			 application form the applicant shall disclose:
(A) The physical address of the service
			 center;
(B) The days and hours of
			 operation for the service center;
(C) The type of the certified ignition
			 interlock device it will service;
(D) The type of calibration device it will
			 use for the ignition interlock device(s) it will service.
(ii) Submit a copy of the ignition interlock
			 device data reader download procedures.
(iii) Submit a written statement from a
			 manufacturer that authorizes the service center to install the manufacturer's
			 certified ignition interlock device.
(iv) Submit a list of all fees that may be
			 charged to the lessee to install the manufacturer's certified ignition
			 interlock device.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-050 - Modifications to a certified ignition interlock device

Current through Register Vol. 24-14, July 15, 2024
(1) A manufacturer shall immediately notify
			 the impaired driving section, in writing, of any material modification. A
			 material modification is any addition or reduction in features, software
			 version changes, configuration profile changes or alteration in the components
			 and/or the design of the certified ignition interlock device. Written
			 notification of a material modification may be submitted to the impaired
			 driving section in an electronic format approved by the impaired driving
			 section.
(2) A manufacturer must
			 resubmit evidence of compliance as required in WAC
			 204-50-040 to the impaired
			 driving section within thirty days of notifying the impaired driving section of
			 a material modification.
(3) The
			 impaired driving section will determine if the device must be submitted for
			 recertification.
Statutory Authority:
				  RCW
				  43.43.395,
				  46.37.005, and
				  46.04.215. 12-17-153, §
				  204-50-050, filed 8/22/12, effective 10/1/12; 10-24-074, § 204-50-050,
				  filed 11/30/10, effective 1/1/11. Statutory Authority:
				  RCW
				     46.37.005 and
				  46.04.215. 09-18-073, §
				  204-50-050, filed 8/31/09, effective 10/1/09. Statutory Authority:
				  RCW
				     46.61.688(2). 05-17-065,
				  § 204-50-050, filed 8/11/05, effective 9/11/05. Statutory Authority:
				  RCW
				     46.04.215 and
				  46.37.005. 99-01-156, §
				  204-50-050, filed 12/23/98, effective 1/1/99. Statutory Authority: RCW
				  46.20.730. 88-15-050 (Order 88-04-ESR), § 204-50-050, filed 7/18/88.
				  Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), §
				  204-50-050, filed 12/9/87.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-070 - Alcohol set point of an ignition interlock device

Current through Register Vol. 24-14, July 15, 2024
(1) An ignition interlock device must be
			 capable of being preset by the manufacturer to an alcohol set point from.020
			 to.070 BrAC.
(2) The alcohol set
			 point of each ignition interlock device must be set at.020 BrAC, unless
			 otherwise mandated by the originating court.
(3) The capability to change the set point
			 must be made secure by the manufacturer.
(4) The manufacturer must notify the impaired
			 driving section in writing within seven calendar days of installing an ignition
			 interlock device with an alcohol set point other than .020 BrAC.
(5) As used in this chapter, "alcohol set
			 point" means the BrAC level at which the ignition interlock device will prevent
			 the operator from starting the vehicle, and once the vehicle is started, the
			 level below which the operator must record a test.
Statutory Authority:
				  RCW
				     43.43.395,
				  46.37.005, and
				  46.04.215. 12-17-153, §
				  204-50-070, filed 8/22/12, effective 10/1/12; 10-24-074, § 204-50-070,
				  filed 11/30/10, effective 1/1/11. Statutory Authority:
				  RCW
				     46.37.005 and
				  46.04.215. 09-18-073, §
				  204-50-070, filed 8/31/09, effective 10/1/09. Statutory Authority:
				  RCW
				     46.61.688(2). 05-17-065,
				  § 204-50-070, filed 8/11/05, effective 9/11/05. Statutory Authority:
				  RCW
				     46.04.215 and
				  46.37.005. 99-01-156, §
				  204-50-070, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247.
				  88-01-020 (Order 87-05-ESR), § 204-50-070, filed
				  12/9/87.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-080 - Certified ignition interlock device maintenance, calibration and reports

Current through Register Vol. 24-14, July 15, 2024
(1) Each restricted
			 operator shall have the ignition interlock device installed in the restricted
			 operator's vehicle(s) examined by the manufacturer, vendor, service center or
			 ignition interlock technician for correct calibration and evidence of tampering
			 at intervals not to exceed sixty-five days, or more often as may be ordered by
			 the originating court.
(2) The
			 restricted driver must pay a calibration fee at least once every sixty
			 days.
(3) An ignition interlock
			 device must be calibrated for accuracy by using a wet bath simulator or dry gas
			 alcohol standard with an alcohol reference value between .030 and .050 g/210L.
(a) The calibration process will consist of
			 the following procedures:
(i) Prior to
			 introducing a reference sample into a device, a three second purge must be
			 expelled from the wet bath simulator or dry gas standard.
(ii) An "as found" check to introduce the
			 sample into the device without adjustment for accuracy. The test must be
			 conducted prior to any adjustment for accuracy and the results must be recorded
			 on the data logger.
(iii) The
			 accuracy check will consist of two consecutive reference checks with the result
			 of each individual check being within plus or minus ten percent of the
			 reference value introduced into the ignition interlock device. The time period
			 from the first accuracy check to the second consecutive accuracy check must not
			 exceed five minutes.
(iv) Any
			 ignition interlock device not passing calibration must be removed from service
			 and the serial number of the device kept on record for three years. An ignition
			 interlock device removed from service for not passing calibration may be placed
			 back in service only if it is repaired to meet the standards as outlined in
			 this chapter and all repairs are documented and kept in the record for three
			 years.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-090 - Ignition interlock device security

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 manufacturer and its vendors, service center(s), and ignition interlock
			 technicians must take all steps necessary to prevent tampering or physical
			 circumvention of an ignition interlock device. These steps must include:
(a) Special locks, seals, and installation
			 procedures that prevent or record evidence of tampering and/or circumvention
			 attempts;
(b) Installation and/or
			 use of all anticircumvention features required under this chapter;
(c) Breath anticircumvention features such as
			 alternating breath flow, hum tone, breath temperature and any other impaired
			 driving section approved anticircumvention features must be activated during
			 all start up and random breath tests;
(d) Changes in software and ignition
			 interlock device configuration, including anticircumvention features and the
			 Washington state configuration profile will only be administered by the
			 manufacturer.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-092 - Lockout override

Current through Register Vol. 24-14, July 15, 2024
(1) Except as
			 provided in subsection (2) of this section, the manufacturer may, in its
			 discretion, authorize and provide a lockout override when a lockout occurs.
(a) The lockout override shall deactivate the
			 lockout condition for a period of up to four hours. If the device has not been
			 serviced by a service center prior to the expiration of the authorized lockout
			 override period, a lockout override shall not be authorized again until the
			 device has been physically inspected and the calibration checked at a service
			 center.
(b) After a lockout
			 override has been authorized by the manufacturer, the lockout override must be
			 activated within a maximum of twenty hours. After twenty-four hours, the
			 lockout override shall no longer be capable of overriding a lockout.
(c) The activation of a lockout override
			 shall not render the interlock device or any attached components inactive. The
			 interlock device must operate in the same manner as required in chapter 204-50
			 WAC, including all start up and random breath tests.
(d) All lockout override procedures must be
			 standardized and secured to prevent unauthorized duplication during future
			 lockout conditions or on other ignition interlock devices.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-100 - Installation of ignition interlock devices

Current through Register Vol. 24-14, July 15, 2024
(1) An ignition interlock device can only be
			 installed by a certified ignition interlock technician.
(2) The installation verification fee will be
			 collected from the lessee by the manufacturer, vendor, service center, or
			 ignition interlock technician at the time of installation and recorded in a
			 log.
(3) An ignition interlock
			 technician shall not install an ignition interlock device on a vehicle unless
			 the restricted operator is:
(a) Successful in
			 completing all training provided by the impaired driving section and/or
			 manufacturer prior to initially using the ignition interlock device;
(b) The registered owner of the vehicle or
			 has a signed "Non-owned Installation Approval Form" approving the ignition
			 interlock device installation; and
(c) Provided ignition interlock device
			 training by the manufacturer, vendor, service center, and/or certified
			 technician. If the impaired driving section and/or DOL provides educational
			 materials to the manufacturer, vendor, service center and/or technician, those
			 training materials will be provided to and completed by the restricted operator
			 and/or lessee in addition to the training required under this
			 section.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-120 - Additional requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Notwithstanding other provisions of this chapter, each manufacturer of a
			 certified ignition interlock device, either on its own or through a vendor
			 approved to do so by the manufacturer shall:
(a) Guarantee repair or replacement of a
			 defective ignition interlock device within the state of Washington within a
			 maximum of forty-eight hours of receipt of a complaint or known failure of an
			 ignition interlock device.
(b)
			 Demonstrate to the satisfaction of impaired driving section, a service delivery
			 plan under which any restricted operator may obtain installation and routine
			 service of that manufacturer's ignition interlock device within a seventy-five
			 mile radius of his or her place of residence.
(c) Receive written approval from impaired
			 driving section and require mobile service ignition interlock technicians to
			 sign an agreement to abide by all aspects of WAC
			 204-50-080 before mobile service
			 centers may work outside of the umbrella of their overseeing fixed site service
			 center(s) to provide service in rural counties of the state. Qualifying rural
			 counties under the Washington state department of health guidelines include:
			 Jefferson, Pacific, Wahkiakum, Klickitat, San Juan, Columbia, Garfield, Adams,
			 Lincoln, Pend Oreille, Stevens, Ferry, and Okanogan counties.
(d) Provide written notification of any
			 changes to a manufacturer's service center network to the impaired driving
			 section within seven days of such change.
(e) Maintain a twenty-four hour, three
			 hundred sixty-five days a year toll-free telephone number for lessees and/or
			 restricted operators to call if they have problems with the ignition interlock
			 device they have leased from the manufacturer, vendor or service center. Calls
			 must either be answered by an ignition interlock technician qualified to
			 service the manufacturer's ignition interlock devices, or the call must be
			 returned by a qualified technician within thirty minutes of the original
			 call.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-130 - Requirements for removing an ignition interlock device

Current through Register Vol. 24-14, July 15, 2024
(1) A manufacturer will determine a
			 restricted operator's compliance of this section in accordance with
			 RCW
			    46.20.720. A manufacturer may approve a
			 vendor to determine a restricted operator's compliance of this section in
			 accordance with
			 RCW
			    46.20.720 on a case-by-case basis.
(2) The manufacturer or its service center
			 must return the vehicle in normal operating condition after it removes an
			 ignition interlock device.
(3) An
			 ignition interlock technician or service center can only remove an ignition
			 interlock device for which they have been certified to service, unless an
			 ignition interlock technician or service center has received approval from the
			 impaired driving section allowing it to remove an ignition interlock device
			 that it has not been certified to service.
(4) An ignition interlock device will be
			 removed from the vehicle in which it is installed when a restricted driver or
			 lessee becomes sixty days past due on their account. If the restricted driver
			 does not appear for a removal appointment and makes no attempt to contact the
			 manufacturer, the replacement cost of the ignition interlock device may be
			 added to the lessee's account.
(5)
			 A manufacturer or its service center shall provide any final report requested
			 by the originating court, impaired driving section and/or requested by DOL to
			 the requestor once the ignition interlock device has been removed from a
			 restricted operator's vehicle(s).
Statutory Authority:
				  RCW
				  43.43.395,
				  46.37.005, and
				  46.04.215. 12-17-153, §
				  204-50-130, filed 8/22/12, effective 10/1/12; 10-24-074, § 204-50-130,
				  filed 11/30/10, effective 1/1/11. Statutory Authority:
				  RCW
				     46.37.005 and
				  46.04.215. 09-18-073, §
				  204-50-130, filed 8/31/09, effective 10/1/09. Statutory Authority:
				  RCW
				     46.61.688(2). 05-17-065,
				  § 204-50-130, filed 8/11/05, effective 9/11/05. Statutory Authority:
				  RCW
				     46.04.215 and
				  46.37.005. 99-01-156, §
				  204-50-130, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247.
				  88-01-020 (Order 87-05-ESR), § 204-50-130, filed
				  12/9/87.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-135 - Fees

Current through Register Vol. 24-14, July 15, 2024
(1) The impaired
			 driving section will maintain a fee schedule in accordance with section 15,
			 chapter 183, Laws of 2012. Fees outlined in this fee schedule will be:
(a) Collected and recorded by vendors,
			 service centers, ignition interlock technicians and manufacturers.
(b) Submitted to the manufacturer within
			 fifteen days of the end of the calendar month in which they were collected
			 along with the record on a form provided by the patrol, if they are collected
			 by vendors, service centers or ignition interlock technicians.
(c) Submitted electronically by the
			 manufacturer to the patrol within thirty days of the end of the calendar month
			 in which they were collected along with the record on a form provided by the
			 patrol.
Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-140 - Review of denial, suspension or revocation of certification

Current through Register Vol. 24-14, July 15, 2024
(1) The chief or
			 designee may deny, suspend, or revoke a letter of certification for an ignition
			 interlock device, service center, or ignition interlock technician upon
			 receiving evidence that any letter of certification holder has failed to comply
			 or no longer complies with any requirement or provision of law or this chapter.
			 The following process will be used:
(a) The
			 chief or designee will give the applicant or certificate holder notice of the
			 action and an opportunity to be heard as prescribed in
			 chapter
			 34.05 RCW, prior to
			 denial, suspension, or revocation of the letter of certification, except as
			 provided in subsection (2) of this section.
(b) Upon receiving notice of the action, the
			 applicant, or certificate holder may request an administrative hearing to
			 contest the decision. A request for an administrative hearing must:
(i) Be made in writing and mailed to the
			 Washington State Patrol Impaired Driving Section, 811 East Roanoke St.,
			 Seattle, WA 98102; and
(ii) Be
			 received by the patrol's impaired driving section within twenty business days
			 after the date of the notice of action.