reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-310 - Prequalification of ferry system contractors › Section 468-310-070 - Joint ventures

Current through Register Vol. 24-14, July 15, 2024
The department recognizes two distinct types of joint ventures
				for prequalification, classified as follows:
(1) Individual project joint venture: An
			 association of two or more prequalified firms formed for the specific purpose
			 of submitting a joint bid on a particular project. The bid of an individual
			 project joint venture will be accepted provided all members of the joint
			 venture are currently prequalified. At least fifteen days prior to the date set
			 for opening bids, the members of the joint venture must execute and file with
			 the department, for its approval, a standard form of "individual project
			 statement of joint venture" setting forth the name of the joint venture, the
			 members of the joint venture, the title of the improvement and the names of
			 those authorized to bind the joint venture. (Corporate minutes authorizing the
			 joint venture must accompany the joint venture request for
			 prequalification.)
(2) Continuing
			 joint venture: An association of two or more firms formed for the purpose of
			 submitting joint bids on projects to be let over a period of time. The bids of
			 continuing joint ventures will be accepted if prequalification has been
			 satisfactorily established by the following methods: A standard questionnaire
			 and financial statement combining the assets and liabilities of all members of
			 the venture shall be submitted in the name of the joint venture, together with
			 a photostatic or certified copy of the joint venture agreement. Such agreement
			 shall contain a provision which will unequivocally bind the parties, jointly
			 and severally, to any joint venture contract entered into thereunder. It shall
			 also specify the name under which the joint venture will operate and the names
			 of those authorized to sign proposals, bonds, contracts, estimates and other
			 documents and/or instruments in connection with the department's contracts.
			 Corporate minutes authorizing the joint venture must accompany the joint
			 venture request for prequalification. The department may require such further
			 documentation as it may deem necessary. A continuing joint venture agreement
			 will be executed as follows: An individual member of the joint venture shall
			 sign in his individual capacity showing the name of the firm under which he is
			 doing business. All partners both general and limited of a copartnership shall
			 sign under the name of the copartnership. An authorized officer shall sign on
			 behalf of a corporation with the corporate seal affixed. A certified copy of
			 the resolution of the board of directors adopting the joint venture and
			 authorizing the officer to enter into a joint venture agreement on behalf of
			 the corporation shall accompany the agreement.
Statutory Authority: 1983 c 133. 83-19-014 (Order 84), §
				  468-310-070, filed 9/12/83.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-310 - Prequalification of ferry system contractors › Section 468-310-080 - Nonrenewal and revocation of prequalification certificate

Current through Register Vol. 24-14, July 15, 2024
The department may refuse to renew a contractor's
				prequalification certificate, or may revoke a contractor's prequalification
				certificate in accordance with the criteria contained in WAC
				468-310-030 and
				468-310-040. In denying or
				revoking a contractor's prequalification certificate under this section or
				under WAC
				468-310-030 or
				468-310-040, the department shall
				specify the period of disqualification which shall not exceed three years. At
				the end of such period, the contractor may again apply for prequalification as
				provided in these rules.
Statutory Authority: 1983 c 133. 83-19-014 (Order 84), §
				  468-310-080, filed 9/12/83.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-310 - Prequalification of ferry system contractors › Section 468-310-090 - Notification and opportunity for a hearing

Current through Register Vol. 24-14, July 15, 2024
Notification of the department's intent to (1) refuse to
				prequalify a contractor, (2) refuse to renew a contractor's prequalification
				certificate, or (3) revoke a contractor's prequalification certificate will be
				made in writing and will be served upon the contractor by mail, properly
				addressed with postage prepaid. The intended action set forth in the written
				notification shall become final unless the contractor serves on the assistant
				secretary for marine transportation, a written request for a hearing thereon
				within 10 days after receipt of the notification. Upon receipt of such a
				request, the department shall afford the contractor a hearing in accordance
				with chapter 34.04 RCW relating to contested cases.
Statutory Authority: 1983 c 133. 83-19-014 (Order 84), §
				  468-310-090, filed 9/12/83.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-310 - Prequalification of ferry system contractors › Section 468-310-100 - Delegation of authority

Current through Register Vol. 24-14, July 15, 2024
The director of Washington state ferries is delegated authority
				to administer the provisions of chapter 133, Laws of 1981 and chapter 468-310
				WAC. The director of Washington state ferries is delegated authority to
				exercise all powers vested in the secretary of transportation by WAC 468-10-234
				relating to the adoption of a final order granting, denying or revoking a
				prequalification certificate pursuant to chapter 133, Laws of 1983. The
				director of Washington state ferries may further subdelegate authority to
				exercise all powers vested in the secretary of transportation by WAC
				468-10-234. A person to whom such authority is subdelegated shall be deemed to
				be the designee of the secretary of transportation as that term is used in WAC
				468-10-234.
Statutory Authority:
				  RCW
				  47.60.680 and
				  47.60.690. 99-03-025 (Order 189),
				  § 468-310-100, filed 1/11/99, effective 2/11/99. Statutory Authority: 1983
				  c 133. 83-19-014 (Order 84), § 468-310-100, filed
				  9/12/83.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-320 - Washington state ferry vessel construction, maintenance and repair contracts - Alternate forms of security and determination of bonding amount required › Section 468-320-010 - Marine contract security - General requirements

Current through Register Vol. 24-14, July 15, 2024
(1) As required by chapter 58, Laws of 1989,
			 the bond and/or alternate form(s) of security for a contract for construction,
			 maintenance or repair of a marine vessel by the Washington state department of
			 transportation (hereafter "contract"), shall be in an amount adequate to
			 protect one hundred percent of the state's exposure to loss on such contract.
			 The contractor shall provide either:
(a) An
			 executed contract bond, as described in
			 RCW
			  39.08.010, in the amount of one hundred
			 percent of the state's exposure to loss and in the form required in the bid
			 specifications; or
(b) A
			 combination of security, totaling one hundred percent of the state's exposure
			 to loss, consisting of:
(i) An executed
			 payment bond in the amount of the state's payment exposure (see WAC
			 468-320-030)  as stated in the
			 bid specifications, which is adequate to fully protect the state against claims
			 for work done by laborers, mechanics, subcontractors, materialmen and all
			 persons who supply such person or persons, or subcontractors, with provisions
			 and supplies for the carrying on of such work, when such persons have not been
			 paid by the contractor, and the state has paid for such work; and
(ii) An executed contract bond and/or
			 alternate form(s) of security totaling one hundred percent of the state's
			 performance exposure (see WAC
			 468-320-030)  as provided herein;
			 or
(c) An executed
			 contract bond and/or alternate form(s) of security totaling one hundred percent
			 of the state's performance exposure, if the state, in performing the analysis
			 described in WAC
			 468-320-030, determines that
			 contract payment procedures completely eliminate its payment exposure (see WAC
			 468-320-030), and the state so
			 provides in the bid specifications.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-320 - Washington state ferry vessel construction, maintenance and repair contracts - Alternate forms of security and determination of bonding amount required › Section 468-320-020 - State's exposure to loss

Current through Register Vol. 24-14, July 15, 2024
The state's exposure to loss in such a contract is equal to the
				amount calculated in the written loss evaluation process described in WAC
				468-320-030.
Statutory Authority:
				  Chapter
				  34.05 RCW and 1989 c 58.
				  89-22-028, § 468-320-020, filed 10/26/89, effective
				  11/26/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-320 - Washington state ferry vessel construction, maintenance and repair contracts - Alternate forms of security and determination of bonding amount required › Section 468-320-030 - Calculation of state's exposure to loss

Current through Register Vol. 24-14, July 15, 2024
(1) For each contract, a written loss
			 evaluation will be conducted by the project design team during the estimating
			 phase of plan preparation. This evaluation will determine the amount of the
			 state's exposure to loss broken down into performance exposure (subsection
			 (2)(a) through (f) of this section) and payment exposure, if any (subsection
			 (2)(g), (h), and (i) of this section). These amounts will be included in the
			 bid specifications. The amount of the state's exposure to loss will be
			 expressed in terms of a dollar amount or a percentage of the contract amount.
			 After bid opening, copies of the written evaluation will be made available upon
			 request.
(2) The evaluation will
			 include consideration of all potential costs to the state (including
			 engineering and administration (overhead)) in the following risk categories,
			 mitigated generally by permitted delays in payments to the contractor and by
			 contract retainage, and mitigated specifically as described below:
(a) Damage to the vessel, mitigated as
			 appropriate by the required builder's risk insurance.
(b) Noncomplying or faulty material,
			 mitigated as appropriate by the manufacturers' warranties and/or the degree of
			 anticipated state inspection and testing.
(c) Work done poorly, incompletely, or
			 incorrectly, mitigated as appropriate by the nature, complexity, and
			 accessibility of the work, and/or the degree of anticipated state
			 inspection.
(d) Out of service
			 costs due to delays in the work.
(e) Failure to receive United States Coast
			 Guard or American Bureau of Shipping approval, when required, for work already
			 paid for by the state.
(f) Default
			 or bankruptcy of the contractor, including:
(i) Removing the vessel from the contractor's
			 facility;
(ii) Identifying and
			 removing from the contractor's facility material paid for by the
			 state;
(iii) Delivering the vessel
			 to alternate shipyard facilities (contractor or state);
(iv) Completing the work, whether by new
			 contract or by state forces; and
(v) Administering all such actions.
(g) Failure of the contractor to
			 pay taxes or other governmental obligations related to the contract.
(h) Failure of the contractor to pay wage
			 rates required by law.
(i) Failure
			 of the contractor to pay claims of laborers, mechanics, subcontractors,
			 materialmen and all persons who supply such person or persons, or
			 subcontractors, with provisions and supplies for the carrying on of such
			 work.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-320 - Washington state ferry vessel construction, maintenance and repair contracts - Alternate forms of security and determination of bonding amount required › Section 468-320-040 - Alternate forms of security

Current through Register Vol. 24-14, July 15, 2024
In addition to a contract bond, the following alternate forms
				of contract security are acceptable if they provide protection in an amount at
				least equal to the state's exposure to performance loss, meet all legal
				requirements for effectiveness and authenticity, are specified in the bid
				specifications for a particular contract as being acceptable for that contract,
				and meet all of the special requirements set forth below and in the bid
				specifications for the particular contract:
(1) Certified check;
(2) Cashier's check;
(3) Treasury bill(s);
(4) Irrevocable bank letter of
			 credit;
(5) Assignment of a savings
			 account;
(6) Assignment of other
			 liquid assets specifically approved by the assistant secretary for marine
			 transportation or his designee.
Statutory Authority:
				  Chapter
				  34.05 RCW and 1989 c 58.
				  89-22-028, § 468-320-040, filed 10/26/89, effective
				  11/26/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-320 - Washington state ferry vessel construction, maintenance and repair contracts - Alternate forms of security and determination of bonding amount required › Section 468-320-050 - Specific requirements for alternate forms of security

Current through Register Vol. 24-14, July 15, 2024
In addition to meeting any special requirements contained in
				the bid specifications for a contract, alternate forms of contract security
				will be subject to the following requirements:
(1) Certified check.
(a) Must be issued by a bank which:
(i) Is a qualified public depository under
			 RCW
			  39.58.010 and meets any other requirements
			 contained in the bid specifications; or
(ii) Meets alternate standards set forth in
			 the bid specifications.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-320 - Washington state ferry vessel construction, maintenance and repair contracts - Alternate forms of security and determination of bonding amount required › Section 468-320-060 - Warranty coverage

Current through Register Vol. 24-14, July 15, 2024
All forms of contract security provided by a contractor shall
				ensure that the state receives warranty coverage for all losses resulting from
				any defects in material and workmanship for the period beginning on the date of
				redelivery of the vessel to the state and ending one year after that date. Such
				warranty coverage shall be at least as effective in protecting the state as
				that contained in the state's standard contract bond. Warranty coverage under a
				contract bond shall be specified in the bond and shall equal ten percent of the
				penal sum of the bond. Warranty coverage under alternate forms of security
				shall be in an amount specified in the bid specifications, increased or
				decreased by ten percent of the net amount of any change orders, and shall be
				delivered to the state as provided in WAC
				468-320-090.
Statutory Authority:
				  Chapter
				  34.05 RCW and 1989 c 58.
				  89-22-028, § 468-320-060, filed 10/26/89, effective
				  11/26/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-320 - Washington state ferry vessel construction, maintenance and repair contracts - Alternate forms of security and determination of bonding amount required › Section 468-320-070 - Replacement bond option

Current through Register Vol. 24-14, July 15, 2024
As an alternative to the warranty coverage described in WAC
				468-320-060, a contractor may,
				for the period beginning on the date of redelivery of the vessel to the state
				and ending one year after that date, provide a replacement bond in the amount
				specified for warranty coverage in the bid specifications, increased or
				decreased by ten percent of the net amount of any change orders. Such
				replacement bond shall be in the form required in the bid specifications, and
				shall be delivered to the state as provided in WAC
				468-320-090.
Statutory Authority:
				  Chapter
				  34.05 RCW and 1989 c 58.
				  89-22-028, § 468-320-070, filed 10/26/89, effective
				  11/26/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-320 - Washington state ferry vessel construction, maintenance and repair contracts - Alternate forms of security and determination of bonding amount required › Section 468-320-080 - Prohibition of double security

Current through Register Vol. 24-14, July 15, 2024
Assets used as an alternate form of contract security shall not
				also be used to secure a contract bond on the contract.
Statutory Authority:
				  Chapter
				  34.05 RCW and 1989 c 58.
				  89-22-028, § 468-320-080, filed 10/26/89, effective
				  11/26/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-320 - Washington state ferry vessel construction, maintenance and repair contracts - Alternate forms of security and determination of bonding amount required › Section 468-320-090 - Delivery of alternate security to the state

Current through Register Vol. 24-14, July 15, 2024
All alternate forms of security permitted by these regulations
				and the bid specifications for a contract shall be delivered to the state in
				the manner provided in the bid specifications for delivery of a contract bond,
				unless provided otherwise in the bid specifications.
Statutory Authority:
				  Chapter
				  34.05 RCW and 1989 c 58.
				  89-22-028, § 468-320-090, filed 10/26/89, effective
				  11/26/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-320 - Washington state ferry vessel construction, maintenance and repair contracts - Alternate forms of security and determination of bonding amount required › Section 468-320-100 - Delegation of authority

Current through Register Vol. 24-14, July 15, 2024
The assistant secretary for marine transportation is hereby
				delegated authority to administer the provisions of chapter 58, Laws of 1989
				and chapter 468-320 WAC. The assistant secretary for marine transportation may
				further delegate authority to exercise all such powers.
Statutory Authority:
				  Chapter
				  34.05 RCW and 1989 c 58.
				  89-22-028, § 468-320-100, filed 10/26/89, effective
				  11/26/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-400 - Bicycle racing › Section 468-400-010 - Policy

Current through Register Vol. 24-14, July 15, 2024
It is the policy of the Washington state department of
				transportation (department) to permit bicycle racing on state highways in
				accordance with the conditions and regulations set forth in this chapter and
				the latest edition of the"
Washington State Bicycle Racing
				Guidelines.
"
Statutory Authority:
				  RCW
				  47.36.030. 10-23-075, § 468-400-010,
				  filed 11/15/10, effective 12/16/10. Statutory Authority:
				  Chapters
				  34.05 and
				  34.08 RCW. 98-06-029 (Order 171),
				  § 468-400-010, filed 2/26/98, effective
				  3/29/98.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-400 - Bicycle racing › Section 468-400-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Bicycles are defined in
				RCW
				 46.04.071. Bicycle racing means any contest
				of speed or competition conducted on bicycles. Bicycle racing permits riding
				with more than two riders abreast on a roadway. This chapter applies to all
				bicycle racing events conducted on state highways, including the following
				types.
(1) Duathlon, triathlon, or
			 multisport event. Duathlons, triathlons, or multisport events are competitions
			 in which bicycle racing forms an essential component. The bicycle race portion
			 of these events is conducted similar to a time trial.
(2) Time trial. Time trials are events in
			 which individuals or small teams of riders, separately ride the same route and
			 distance for elapsed time. Time trials are generally started at preset
			 intervals and held on an out-and-back or circuit course.
(3) Criterium. Criteriums are massed start,
			 high speed bicycle race events in which riders race around a closed circuit
			 course to compete for order of finish. Criteriums are usually held on closed
			 urban or suburban public streets. The course is normally one-half to one mile
			 long.
(4) Road race. Road races are
			 massed start events in which riders complete a race course for order of finish.
			 The course may be point-to-point, a large circuit, or repeated laps of a
			 shorter circuit. Road races are usually held on rural or suburban roads, but
			 may also utilize urban streets.
(5)
			 Rolling enclosure. A rolling enclosure is a type of traffic control where
			 escort vehicles form an enclosed caravan for the exclusive use of bicyclists,
			 by leading and following a group of racers. The enclosure moves along the
			 roadway in the direction of the race. Racers inside the enclosure are not
			 required to follow the normal rules of the road but are controlled by the rules
			 set forth in the "
Washington State Bicycle Racing Guidelines
."
			 Racers are not allowed to cross the roadway centerline unless the entire road
			 is traffic controlled. A rolling enclosure is the typical traffic control
			 strategy for a road race.
Statutory Authority:
				  RCW
				  47.36.030. 10-23-075, § 468-400-020,
				  filed 11/15/10, effective 12/16/10. Statutory Authority:
				  Chapters
				  34.05 and
				  34.08 RCW. 98-06-029 (Order 171),
				  § 468-400-020, filed 2/26/98, effective
				  3/29/98.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-400 - Bicycle racing › Section 468-400-030 - Bicycle race permit required

Current through Register Vol. 24-14, July 15, 2024
No bicycle race event may be held on a state highway without an
				approved bicycle race permit. All persons or organizations (permittee)
				conducting any form of bicycle race on a state highway shall apply for a
				bicycle race permit from the applicable department region administrator. The
				bicycle race permit must be applied for at least sixty days before the bicycle
				race event. The department region administrator may waive these requirements
				under special conditions.
Statutory Authority:
				  RCW
				  47.36.030. 10-23-075, § 468-400-030,
				  filed 11/15/10, effective 12/16/10. Statutory Authority:
				  Chapters
				  34.05 and
				  34.08 RCW. 98-06-029 (Order 171),
				  § 468-400-030, filed 2/26/98, effective
				  3/29/98.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-500 - Commission meetings › Section 468-500-001 - Commission meetings

Current through Register Vol. 24-14, July 15, 2024
Regular public meetings of the Washington state transportation
				commission are held monthly on the third Wednesday of every month and on the
				Tuesday immediately preceding that day commencing at 9:00 a.m. or such other
				time as determined by the commission chair. Each such regular meeting shall be
				held in the transportation commission meeting room (1D2) in the Transportation
				Building, 310 Maple Park Avenue S.E., Olympia, Washington. Persons desiring to
				know the starting time for a specific meeting can call the commission office at
				360-705-7070.
Statutory Authority:
				  RCW
				  47.01.071. 05-01-115, § 468-500-001,
				  filed 12/15/04, effective 1/15/05; 99-11-007, § 468-500-001, filed 5/7/99,
				  effective 6/7/99. Statutory Authority:
				  RCW
				   47.01.061 and
				  42.30.070. 97-06-002, §
				  468-500-001, filed 2/20/97, effective
				  3/23/97.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-510 - Lane use restrictions › Section 468-510-010 - High occupancy vehicles (HOVs)

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW
				 46.61.165 and
				47.52.025, the department has
				reserved portions of interstate highways, state highways, and ramps, as HOV
				lanes for the exclusive use of public transportation vehicles or private motor
				vehicles with the number of occupants specified on signs. Motor vehicles
				authorized to use HOV lanes are:
(1)
			 Rubber tired municipal transit vehicles conforming to
			 RCW
			  46.04.355.
(2) Buses with a carrying capacity of sixteen
			 or more persons, including the operator.
(3) Motorcycles conforming to
			 RCW
			  46.04.330.
(4) Recreational vehicles with the number of
			 occupants specified on signs.
(5)
			 Official marked law enforcement and fire department vehicles equipped with
			 emergency lights and siren, operated by an on-duty state patrol, local, or
			 county law enforcement personnel, or on-duty local, county, or special district
			 fire department personnel.
(6) All
			 other vehicles with the number of occupants specified on signs, except that
			 trucks in excess of 10,000 lb. G.V.W. are prohibited from the use of HOV lanes
			 regardless of the number of occupants. Tow trucks that would be otherwise
			 prohibited because of weight or number of occupants may use HOV lanes when en
			 route to an emergency on a specific roadway or roadside.
Statutory Authority:
				  RCW
				  47.52.025. 06-23-048, § 468-510-010,
				  filed 11/7/06, effective 12/8/06. Statutory Authority:
				  RCW
				   46.61.165 and
				  47.52.025. 03-20-083, §
				  468-510-010, filed 9/30/03, effective 10/31/03. Statutory Authority:
				  Chapters
				  34.05 and
				  34.08 RCW. 98-12-062 (Order 178),
				  § 468-510-010, filed 6/1/98, effective
				  7/2/98.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-510 - Lane use restrictions › Section 468-510-020 - Left lane restrictions

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
			  46.61.100(3) mandates that
			 no vehicle towing a trailer or no vehicle or combination over 10,000 lb. may
			 use the left lane of limited access roadways having three or more lanes in one
			 direction, and that a high occupancy vehicle (HOV) lane is not considered the
			 left hand lane of a roadway. Within this section, 10,000 lb. means 10,000 lb.
			 gross vehicle weight (G.V.W.).
(2)RCW
			  46.61.100(3) further
			 mandates that the department, in consultation with the Washington state patrol,
			 shall adopt rules specifying those circumstances where it is permissible for
			 other vehicles to use the left lane in case of emergency or to facilitate the
			 orderly flow of traffic, and those segments of limited access highways exempt
			 from the subsection due to the operational characteristics of the roadway.
(a) For the types of vehicles specified, and
			 under the circumstances enumerated in (a)(i) through (vii) of this subsection,
			 the left lane prohibition described in subsection (1) of this section does not
			 apply to:
(i) Motorcycles towing
			 trailers.
(ii) Class B motor homes,
			 commonly called conversion vans, without a motor vehicle or trailer in
			 tow.
(iii) Tow trucks weighing over
			 10,000 lb. G.V.W. when en route to an emergency on a specific roadway or
			 roadside.
(iv) Fire trucks or
			 emergency care vehicles weighing over 10,000 lb. G.V.W. when en route to an
			 emergency.
(v) Any vehicle towing a
			 trailer or vehicle or combination weighing over 10,000 lb. G.V.W. when one or
			 more of the lanes are blocked because of an accident, other incident, or
			 highway maintenance or construction activities.
(vi) Any vehicle authorized to use a HOV lane
			 that would otherwise be prohibited from the left lane within two miles
			 approaching the beginning of a HOV lane or following the terminus of a HOV
			 lane.
(vii) Any department of
			 transportation vehicle towing a trailer or weighing over 10,000 lb. G.V.W. when
			 conducting official business within the left lane.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-550 - Safety oversight of rail fixed guideway systems rules › Section 468-550-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter is adopted to comply with  49 C.F.R. Part 674  and
				RCW 81.104.-115, which requires the state of Washington to oversee the agency
				safety program of rail fixed guideway public transportation systems (RFGPTS) as
				defined in  49 C.F.R. Part 674.7 . These rules prescribe the safety criteria to
				be met by RFGPTS and are intended to improve the safety of RFGPTS in Washington
				state.  49 C.F.R. Part 674.11c  and Part 674.13a require the establishment of a
				state safety oversight agency (SSOA) in accordance with the requirements of  49
				U.S.C. 5329c and 5329e(3)c.  The Washington state department of transportation
				was designated in 1997 by Governor Gary Locke as the SSOA for the state of
				Washington. WSDOT's designation and authority as the SSOA is codified in
				RCW
				 81.104.115 and more recently in chapter 33,
				Laws of 2016 (Senate Bill 6358).
Statutory Authority:
				  RCW
				   81.104.115. 08-15-078, § 468-550-010,
				  filed 7/15/08, effective 8/15/08. Statutory Authority:
				  RCW
				   43.06.120. 98-19-052, § 468-550-010,
				  filed 9/15/98, effective 10/16/98.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-550 - Safety oversight of rail fixed guideway systems rules › Section 468-550-015 - Effective date

Current through Register Vol. 24-14, July 15, 2024
These rules are necessary to comply with C.F.R. Part 674 and
				take effect upon filing with the code reviser for emergency rule making per the
				requirements outlined in
				RCW
				 34.05.350.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-550 - Safety oversight of rail fixed guideway systems rules › Section 468-550-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
These rules are applicable to all Washington state entities,
				public or private, which own, operate, or maintain RFGPTS as defined in  49
				C.F.R. Part 674.7.
These rules apply to all owners of rail fixed guideway public
				transportation systems, as defined by  49 C.F.R. Part 674, which are required by
				RCW
				 81.112.180,
				35.21.228,
				35A.21.300,
				36.01.210,
				36.57.120,
				36.57A.170,
				81.104.015 to comply with the requirements of the Washington state department of
				transportation for the development and implementation of an agency safety
				program plan.
Statutory Authority:
				  RCW
				   81.104.115. 08-15-078, § 468-550-020,
				  filed 7/15/08, effective 8/15/08. Statutory Authority:
				  RCW
				   43.06.120. 98-19-052, § 468-550-020,
				  filed 9/15/98, effective 10/16/98.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-550 - Safety oversight of rail fixed guideway systems rules › Section 468-550-040 - Requirements for agency safety plans

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Rail transit agencies must establish an agency safety plan that complies with
			 the requirements set forth in the Washington state rail safety oversight
			 program standard, which conforms to current federal regulations for agency
			 safety plans. These requirements include the establishment of an agency safety
			 policy, a safety and risk management program, a safety assurance program, and a
			 safety promotion program.
(2)
			 Agency safety plans must establish the agency procedures for the review and
			 revision of the plan. The filing, submittal, review, and approval of agency
			 safety plans must comply with the standard set forth in WAC
			 468-550-050.
(3) As described in WAC
			 468-550-060,
			 agency safety plans are subject to reviews and audits from the Washington state
			 rail safety oversight program and the Federal Transit Administration.
(4) Rail transit agencies must conduct
			 internal audits of agency safety plans per the requirements of WAC
			 468-550-060.
(5) Agency safety plans must establish
			 procedures for the notification, investigation, and reporting of accidents,
			 incidents, and hazards in conformance with the requirements of WAC
			 468-550-070.
(6) Agency safety plan policy statements must
			 be approved and signed by the agency's accountable executive. The policy
			 statement must assign responsibility for carrying out the plan to the
			 designated agency accountable executive.
(7) Each RFGPTS shall implement and comply
			 with the provisions of its plans and any revisions thereto. Further, should the
			 RFGPTS experience a change in ownership or a change in operating or maintenance
			 providers, the RFGPTS shall require continued compliance with the RFGPTS's
			 established plans and shall notify the department of any change of ownership or
			 operating or maintenance providers within thirty days of the effective date of
			 transfer or contract.
Statutory Authority:
				  RCW
				   81.104.115. 08-15-078, § 468-550-040,
				  filed 7/15/08, effective 8/15/08. Statutory Authority:
				  RCW
				   81.104.115(5). 02-13-004,
				  § 468-550-040, filed 6/6/02, effective 7/7/02. Statutory Authority: 1999 c
				  202 § 7. 99-18-059 (Order 193), § 468-550-040, filed 8/30/99,
				  effective 9/30/99. Statutory Authority:
				  RCW
				   43.06.120. 98-19-052, § 468-550-040,
				  filed 9/15/98, effective 10/16/98.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-550 - Safety oversight of rail fixed guideway systems rules › Section 468-550-050 - Procedures for the submittal, review, approval, and filing of agency safety plans

Current through Register Vol. 24-14, July 15, 2024
(1) Agency safety
			 plans must be submitted within three months prior to operations of a new
			 RFGPTS, a system expansion, or a major system enhancement to an existing
			 RFGPTS.
(2) Full compliance and
			 approval of agency safety plans must be obtained in writing from WSDOT prior to
			 commencing RFGPTS operations. The department and the RTA must accelerate review
			 and revision timelines as necessary to ensure agency safety plan approval prior
			 to the RFGPTS start of service date.
(3) The department must review and evaluate
			 plans according to criteria set forth in the Washington state rail safety
			 oversight program standard.
(4)
			 Each calendar year, as part of its annual safety program report submittal, the
			 transit agency must provide the department with documentation of its annual
			 review of the agency's safety plan.
(5) The department shall provide written
			 approval of the RFGPTS's agency safety plan or provide written comments to the
			 RFGPTS specifying required changes. The RFGPTS shall revise its plan to
			 incorporate the department's review comments, if any, within sixty days after
			 receipt thereof, and resubmit its revised plan for review. After resolving
			 issues arising in the review process, the department shall notify the RFGPTS of
			 its concurrence with the plans. The plans and the department's concurrence
			 shall be maintained by the department in a permanent file.
(6) The RFGPTS shall not transmit any
			 security sensitive portions of its plans, as defined by  49 C.F.R. Part 1520 .
			 The RFGPTS shall notify the department of the location and availability of any
			 security sensitive information.
(7)
			 Each RFGPTS may develop procedures to implement this subsection. The Washington
			 state rail safety oversight program standard may require these procedures to be
			 included, summarized, or cited in the agency safety plan.
(8) Failure to comply with the requirements
			 established in WAC
			 468-550-040,
			 468-550-050,
			 468-550-060,
			 468-550-070,
			 and the Washington state rail safety oversight program standard may result in
			 financial or other penalties. Financial or other penalties will be determined
			 in accordance with WAC
			 468-550-080.
Statutory Authority:
				  RCW
				   81.104.115. 08-15-078, § 468-550-050,
				  filed 7/15/08, effective 8/15/08. Statutory Authority:
				  RCW
				   43.06.120. 98-19-052, § 468-550-050,
				  filed 9/15/98, effective 10/16/98.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-550 - Safety oversight of rail fixed guideway systems rules › Section 468-550-061 - Triennial safety program audits conducted by the department

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall audit each RFGPTS's
			 compliance with the agency safety plan at least once every three years in
			 accordance with the requirements of the Washington state rail safety oversight
			 program standard. The RFGPTS shall be given written notification of the audit
			 scope and schedule at least thirty days in advance of the department's audit.
			 Each audit shall be conducted in accordance with an audit checklist.
			 Documentation which may be requested by the department as part of the audit
			 includes, but is not limited to:
(a) The
			 RFGPTS operating rule book, bulletins, and procedures;
(b) Operations and maintenance logs and
			 records;
(c) The RFGPTS maintenance
			 manuals and procedures for vehicles, facilities, track and signals;
(d) The RFGPTS procedures for identifying,
			 documenting, evaluating, and correcting hazards;
(e) The RFGPTS system design criteria and
			 project engineering procedures for system modifications;
(f) The RFGPTS annual internal audit reports
			 for the previous three years;
(g)
			 The RFGPTS corrective action plans for reportable accidents and unacceptable
			 hazardous conditions reported to the department during the previous three
			 years;
(h) APTA audit
			 reports;
(i) National
			 Transportation Safety Board accident investigation reports, Federal Transit
			 Agency investigation or audit reports, or peer review reports, if any, prepared
			 during the previous three years.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-550 - Safety oversight of rail fixed guideway systems rules › Section 468-550-062 - Additional external audits conducted on RFGPTS safety programs and plans

Current through Register Vol. 24-14, July 15, 2024
(1) The RFGPTS must notify the department of
			 the schedule and scope for all external audits and investigations which will
			 include the review of the agency safety plan, safety programs, safety critical
			 functions, safety certification, transit asset management plan or drug and
			 alcohol program. These include, but are not limited to, audits and
			 investigations to be conducted by the Federal Transit Administration, USDOT,
			 DHS, NTSB, or OSHA. The RFGPTS must notify the department of the schedule and
			 scope at least one week prior to the start of audit activities.
(2) The Federal Transit Administration
			 conducts an audit of WSDOT's state safety oversight program once every three
			 years. The RFGPTS will participate in these audits and provide relevant safety
			 program documentation and records if requested by the Federal Transportation
			 Administration or the department.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-550 - Safety oversight of rail fixed guideway systems rules › Section 468-550-063 - Audits conducted of department's state safety oversight program

Current through Register Vol. 24-14, July 15, 2024
The RFGPTS will provide documentation if requested by auditors
				or by department personnel in support of external state or federal audits of
				the department's state safety oversight program. These include, but are not
				limited to, triennial reviews conducted by the FTA Transit Safety Oversight
				office of the department's SSO program compliance.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-550 - Safety oversight of rail fixed guideway systems rules › Section 468-550-071 - Access and implementation of risk-based inspections

Current through Register Vol. 24-14, July 15, 2024
All WSDOT trained inspection personnel, including consultants
				hired for the purpose of conducting inspections, are granted authority under
				the state safety oversight program to conduct both announced and unannounced
				inspections of the rail fixed guideway public transportation system (RFGPTS).
				Each RFGPTS must allow WSDOT and/or consultants to do all things reasonable and
				necessary to conduct their inspections including, but not limited to, entering
				RTA facilities and other relevant locations, and inspecting infrastructure,
				equipment, records, personnel, and data, including the data that the rail fixed
				guideway public transportation agency collects when identifying and evaluating
				safety risks. It is expected that the RTA will provide the WSDOT inspection
				staff with the resources and information necessary to conduct the inspection in
				an effective and efficient manner.
WSDOT, in consultation with each rail fixed guideway public
				transportation agency that it oversees, will establish policies and procedures
				regarding the access to each RFGPTS for the purpose of conducting inspections
				of the rail fixed guideway public transportation system, including access for
				inspections that occur without advance notice to the rail fixed guideway public
				transportation agency.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-550 - Safety oversight of rail fixed guideway systems rules › Section 468-550-080 - Notifying of and applying financial penalties

Current through Register Vol. 24-14, July 15, 2024
(1) If any RFGPTS fails to comply with any of
			 the requirements or due dates specified in the Washington state rail safety
			 oversight program standard, the department shall notify the RFGPTS in writing
			 of such a violation. These violations will be designated by the department to
			 be one or more findings of noncompliance.
(2) The RFGPTS will have fifteen calendar
			 days to respond to this notification with:
(a) Documentation and records of corrective
			 actions taken, for department review, that fully address the violations and
			 findings of noncompliance; or
(b)
			 Justification for its failure to comply or to provide the required records. The
			 justification must include records of all supporting documentation, corrective
			 actions taken, and all other mitigation plans proposed, planned or implemented
			 with intent to address the violation.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-550 - Safety oversight of rail fixed guideway systems rules › Section 468-550-090 - Suspension of service, modification of service, or the removal of equipment due to failure to mitigate to hazardous conditions

Current through Register Vol. 24-14, July 15, 2024
When a known unacceptable hazardous condition is not mitigated
				to an acceptable level by RFGPTS owners or operators, the department may
				require the suspension or modification of service or the suspended use or
				removal of equipment. The department may impose sanctions per WAC
				468-550-080
				upon owners or operators of RFGPTS for failure to meet deadlines of submissions
				of required reports and audits.
Statutory Authority:
				  RCW
				   81.104.115. 08-15-078, § 468-550-090,
				  filed 7/15/08, effective 8/15/08.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-550 - Safety oversight of rail fixed guideway systems rules › Section 468-550-100 - Safety program annual report

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Per the requirements of the Washington state rail safety oversight program
			 standard, the RFGPTS will prepare and submit to the department a safety program
			 annual report which summarizes the agency's safety program activities during
			 the most recent calendar year, including a summary of accidents, incidents,
			 hazards, and internal safety program audits.
(2) The annual safety program annual report
			 must be submitted to the department on or before February 15th of each
			 year.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-550 - Safety oversight of rail fixed guideway systems rules › Section 468-550-110 - Special provisions for rail fixed guideway public transportation systems crossing state lines and operating in both Washington and a bordering state

Current through Register Vol. 24-14, July 15, 2024
(1) When a RFGPTS crosses state lines and is
			 operating in Washington and a bordering state, the department will comply with
			 the requirements set forth in  49 C.F.R. Part 674.15  for the designation of an
			 oversight agency for a multistate system. The department will coordinate with
			 the neighboring state SSOA and either ensure that both Washington's SSOA and
			 the bordering state's SSOA are implementing uniform safety standards and
			 requirements upon the RFGPTS (674.15a) or that a single SSOA is designated as
			 the SSOA (674.15b).
(2) Where a
			 bordering state agency is serving as the single entity SSOA, the bordering
			 state's program standard and other safety standards and procedures will be used
			 for oversight of the RFGPTS, unless otherwise stated through agreement or law.
			 The Washington state rail safety oversight program standard will continue to
			 apply to all other RFGPTS within Washington not subject to the special
			 provisions of this section.
(3) An
			 agreement will be established with the bordering state to set coordination of
			 oversight duties and reporting for the RFGPTS subject to the program standard
			 of a bordering state. The agreement must address the allocation of costs
			 between the two states.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › Section 468-600-010 - Intent

Current through Register Vol. 24-14, July 15, 2024
The Transportation Innovative Partnership Act was created to
				encourage the innovative delivery and funding of important
				transportation-related projects and services by leveraging resources more
				readily available in the private sector.
The legislature has articulated the policy goals and objectives
				of the act, found in chapter 47.29 RCW. These rules are intended to prescribe
				the processes that will be used to implement a successful transportation
				innovative partnership program in the state of Washington.
Statutory Authority:
				  RCW
				  47.29.030. 07-04-095, § 468-600-010,
				  filed 2/6/07, effective 3/9/07.