Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-30 - Passenger transportation companies › Part 5 - EQUIPMENT AND DRIVERS › Section 480-30-221 - Vehicle and driver safety requirements

Current through Register Vol. 24-14, July 15, 2024
(1) A
				passenger transportation company must ensure that all vehicles and drivers used
				to provide passenger transportation services under the authority of the
				company's certificate comply with all federal, state, local laws and rules, and
				commission orders, governing licensing, vehicle safety, and driver safety.
				Except for vehicles with a seating capacity of eight or fewer passengers
				(including the driver) and the drivers of those vehicles, in which case the
				company must comply with the requirements in WAC
				480-30-222, companies must also
				comply with the parts of Title 49, Code of Federal Regulations (49 C.F.R.),
				adopted by reference, that are shown in the following chart. Information about
				49 C.F.R., including the version adopted by the commission and where to obtain
				copies is set out in WAC
				480-30-999.
49 C.F.R. Part:
Notes:
Part 40 -
Procedures For Transportation Workplace Drug and
							 Alcohol Testing Programs
Entire Part 40 is adopted and applies to Washington
							 intrastate operations.
Part 382 -
Controlled Substance and Alcohol Use and
							 Testing
Entire Part 382, is adopted and applies to Washington
							 intrastate operations.
Part 383 -
Commercial Driver's License Standards; Requirements
							 and Penalties
Entire Part 383, is adopted and applies to Washington
							 intrastate operations.
Part 379 -
Preservation of Records
Entire Part 379 is adopted and applies to Washington
							 intrastate operations.
Part 380 -
Special Training Requirements
Entire Part 380 is adopted and applies to Washington
							 intrastate operations.
Part 385 -
Safety Fitness Procedures
Entire Part 385 is adopted and applies to Washington
							 intrastate operations.
Part 390 -
Safety Regulations, General
Entire Part 390 is adopted and applies to Washington
							 intrastate operations, with the following exceptions:
(1) The terms "motor vehicle," "commercial motor
							 vehicle," and "private motor vehicle" are not adopted. Instead, where those
							 terms are in Title 49 C.F.R., they have the meanings assigned to them in WAC
							 480-30-036.
(2) Whenever the term "director" is used in Title 49
							 C.F.R., it means the commission.
Part 391 -
Qualification of Drivers
Entire Part 391 is adopted, with the following
							 exceptions:
(1) Part 391.49 (alternative physical qualification
							 standards for the loss or impairment of limbs) is not adopted for drivers who
							 operate vehicles exclusively intrastate. Instead refer to WAC
							 480-30-226 for intrastate medical
							 waivers.
Part 392 -
Driving of Motor Vehicles
Entire Part 392 is adopted and applies to Washington
							 intrastate operations.
Part 393 -
Parts and Accessories Necessary for Safe
							 Operation
Entire Part 393 is adopted and applies to Washington
							 intrastate operations.
Part 395 -
Hours of Service of Drivers
Entire Part 395 is adopted and applies to Washington
							 intrastate operations.
Part 396 -
Inspection, Repair, and Maintenance
Entire Part 396 is adopted and applies to Washington
							 intrastate operations.
Part 397 -
Transportation of Hazardous Materials, Driving and
							 Parking Rules
Entire Part 397 is adopted and applies to Washington
							 intrastate operations.
(2)
				Companies must: Ensure that all motor vehicles used to pro-vide certificated
				service are maintained in a safe and sanitary condition and are free of defects
				likely to result in an accident or break-down.
(3) No company, its agents, contractors,
				officers, or employees will allow any animal, article, commodity, or substance
				to be loaded in or on any motor vehicle used by the company to provide
				certificated services to transport passengers that is dangerous to the lives
				and safety of passengers.
(4) No
				company, its agents, contractors, officers, or employees will allow any
				article, commodity, or substance to be loaded in or on any motor vehicle used
				by the company to provide certificated services to transport passengers that is
				prohibited by the hazardous materials rules in Title 49 C.F.R. from being
				transported on passenger-carrying vehicles.
(5) All motor vehicles and drivers operating
				under the provisions of this chapter and used to provide certificated services
				are subject to inspection by the commission or its duly authorized
				representatives at all times.
(6)
				All motor vehicles must be equipped with fenders, covers, mud flaps, or splash
				aprons which effectively reduce the spray or splash of water from the road. All
				such devices must be as wide as the tires on which they are mounted, and must
				extend from the top of the tires down to at least the center of the axle.
(a) The commission will place out-of-service
				a motor vehicle with safety defects identified in the
North American
				Uniform Out-of-Service Criteria
. A carrier must not require or permit
				a driver to operate a vehicle placed out-of-service until all out-of-service
				violations have been satisfactorily repaired so that no violation(s)
				exists.
(b) The commission will
				place out-of-service a driver who operates a motor vehicle subject to an
				out-of-service order. No driver shall operate a commercial motor vehicle
				subject to an out-of-service order until all repairs required by the
				out-of-service order have been satisfactorily repaired. A driver subject to an
				out-of-service order shall not operate a commercial motor vehicle until the
				reason for the out-of-service order has been remedied.
(c) Information about the
North
				American Uniform Out-of-Service Criteria
is set out in WAC
				480-30-999.