Current through Register Vol. 24-06, March 15, 2024
(1) In order for an alternative traction
device to be considered approved:
(a) The
alternative traction device must be tested in accordance with a recognized
standard on vehicles certified by its manufacturer as complying with the United
States Federal Motor Vehicle Safety Standards. The testing will:
(i) Be conducted using USDOT approved summer
tires.
(ii) For passenger vehicles,
at minimum:
(A) Be done on both front and rear
wheel drive vehicles with the device mounted on only the drive tires.
(B) Include the following tests:
(I) Durability testing of the
product;
(II) Acceleration on both
snow and ice;
(III) Deceleration on
both snow and ice; and
(IV)
Traction force of the product on snow.
(iii) For vehicle combinations over 10,000
pounds as outlined in WAC
204-24-050(2),
at minimum:
(A) Be done on a five axle vehicle
with the device on one tire on each side of each drive axle and one tire on the
last axle of the last trailer or semi-trailer, if seeking approval for a
combination with five or less axles.
(B) Be done on a five axle vehicle with the
device mounted on all tires on one drive axle and one tire on the last axle of
the last trailer or semi-trailer, if seeking approval for a combination with
five or more axles.
(C) Include the
following tests:
(I) Durability testing of the
product;
(II) Acceleration on snow
and/or ice;
(III) Deceleration on
snow and/or ice; and
(IV) Traction
force of the product on snow.
(iv) Be done in comparison to a tire chain
when tested using the same standard to show that the alternative traction
device meets or exceeds the standard as compared to the results of the
referenced tire chain approved for use in the state of Washington under this
chapter.
(b) Alternative
traction devices must cooperate well with any given electronic driving support
such as ABS, ESP, and ASR.
(c)
Alternative traction devices should be resistant to UV light, corrosion, water,
fuels, spreading salts and alcohols typically used to clear roads during
winter.
(d) The following
information must be provided to the Washington state patrol:
(i) The testing standard used, in
English.
(ii) Documentation of the
testing results, which must include the data produced for each test comparing
the alternative traction device to the referenced tire chain. Except that
durability testing is not required to be provided for the referenced tire
chain.
(iii) A certified statement
from the company or manufacturer outlining what measurable indicator of wear
can be used by an officer to indicate when the product will no longer provide
adequate traction equivalent to a chain.
(iv) Review and approval by a third-party
testing agency that the tests were conducted according to the published
standard. If testing cannot be done according to the published standard,
companies may self-certify any supplemental tests necessary to comply with the
requirements in this section, provided that the data from the tests is
confirmed by a third-party testing agency. The patrol may request that the data
be provided by the third-party testing agency directly.
(v) Provide certification of the test
results, which must contain the following statement "I certify that the test
methods, conditions and results reported are accurate and complete" and bear
the signature of the tester.
(2) The patrol may suspend or revoke approval
for an alternative traction device upon receiving evidence that the device 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 patrol will give the applicant or
manufacturer notice of the action and an opportunity to be heard as prescribed
in chapter 34.05
RCW, prior to suspension or revocation of the approval, except as provided in
subsection (3) of this section.
(b)
Upon receiving notice of the action, the applicant or manufacturer may request
an administrative hearing to contest the decision. A request for administrative
hearing must:
(i) Be made in writing and
mailed to the Washington State Patrol Equipment and Standards Section, P.O. Box
42600, Olympia, WA 98504-2600; and
(ii) Be received by the patrol's equipment
and standards section within twenty business days after the date of the notice
of action.
(c) Failure
to request a hearing or failure to appear at a hearing, a prehearing
conference, or any other stage of adjudicative proceeding may constitute
default and result in the entry of a final order under
RCW
34.05.440.
(d) Administrative proceedings consistent
with chapter 34.05
RCW for revocation or other action will be promptly instituted and determined.
The patrol must give notice as practicable to the applicant or
manufacturer.
(e) Unless the patrol
finds the immediate revocation is necessary or unless the applicant or
manufacturer timely requests a hearing as provided under this section, a
decision to revoke or suspend will be effective thirty days from the date of
the notice of action decision unless that patrol finds that immediate
revocation is necessary.
(3) The patrol may, without prior
notification suspend or revoke approval for a device if it finds that there is
danger to the public health, safety, or welfare that requires immediate action.
For every summary suspension of a letter of approval, an order signed by the
patrol must be entered in accordance with the provisions of
RCW
34.05.479.
Statutory Authority:
RCW
46.37.420. 12-17-116, § 204-24-035,
filed 8/21/12, effective 9/21/12.