Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-51 - Commercial ferries › Section 480-51-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of these rules, the following definitions
				shall apply:
(1) The term "commercial
			 ferry" means every corporation, company, association, joint stock association,
			 partnership and person, their lessees, trustees or receivers, appointed by any
			 court whatever, owning, controlling, leasing, operating or managing any vessel
			 over and upon the waters of this state.
(2) The term "certificated commercial ferry"
			 means a person required by
			 chapter
			 81.84 RCW to obtain a
			 certificate of public convenience and necessity before operating any vessel
			 upon the waters of this state.
(3)
			 The term "common carrier ferry vessel" means a vessel primarily engaged in
			 transporting freight other than vehicles, whose gross earnings from the
			 transportation of passengers and/or vehicles are not more than ten percent of
			 the total gross annual earnings of such vessel.
(4) The term "vessel" includes every species
			 of watercraft, by whatever power operated, for public use in the conveyance of
			 persons or property for hire over and upon the waters within this state,
			 excepting all towboats, tugs, scows, barges, and lighters, and excepting
			 rowboats and sailing boats under twenty gross tons burden, open steam launches
			 of five tons gross and under, and vessels under five tons gross propelled by
			 gas, fluid, naphtha, or electric motors.
(5) The term "transportation of property"
			 includes any service in connection with the receiving, delivery, elevation,
			 transfer in transit, ventilation, refrigeration, icing, storage and handling of
			 the property transported, and the transmission of credit.
(6) The term "transportation of persons"
			 includes any service in connection with the receiving, carriage and delivery of
			 the person transported and that passenger's baggage and all facilities used, or
			 necessary to be used in connection with the safety, comfort and convenience of
			 the person transported.
(7) The
			 term "for hire" means transportation offered to the general public for
			 compensation.
(8) The term
			 "transfer" means sale, assignment, mortgage, lease or any other voluntary or
			 involuntary conveyance of an interest in a certificate by the entity owning a
			 certificate.
(9) The term "launch
			 service" means transportation of passengers and/or freight to or from a vessel
			 under way, at anchor or at a dock.
(10) The term "person" means any natural
			 person or persons or any entity legally capable of taking any action.
(11) The term "published schedule" means a
			 time schedule that is published by the certificate holder and filed with the
			 commission in accordance with the provisions of WAC
			 480-51-090.
(12) For the purposes of these rules, where
			 the terms "United States Coast Guard" and/or "Coast Guard" are used, the term
			 "Washington state department of labor and industries, marine division" shall be
			 substituted if the commercial ferry boat operates on Washington state waterways
			 not subject to Coast Guard regulation or if the vessel itself is subject to
			 department of labor and industries, marine division, rules and regulations
			 rather than those of the United States Coast Guard.
(13) The term "excursion service" means the
			 carriage or conveyance of persons for compensation over the waters of this
			 state from a point of origin and returning to the point of origin with an
			 intermediate stop or stops at which passengers leave the vessel and reboard
			 before the vessel returns to its point of origin.
(14) The term "charter service" means the
			 hiring of a vessel, with captain and crew, by a person or group for carriage or
			 conveyance of persons or property.
Statutory Authority:
				  RCW
				  81.84.070, 1993 c 427, 1995 c 361 and
				  RCW
				  80.01.040(4). 95-22-001
				  (Order R-435, Docket No. TS-941485), § 480-51-020, filed 10/18/95,
				  effective 11/18/95.