Current through Register Vol. 24-06, March 15, 2024
(1) A vehicle
authorized by the patrol must not be used as an authorized emergency vehicle
except as follows:
(a) Only by the operators
named in the permit approved by the patrol.
(b) Only with the equipment described in the
permit approved by the patrol.
(c)
Only within the geographic area(s) approved by the chief law enforcement
officer or fire chief outlined in WAC
204-36-030 and in accordance with
any restrictions outlined in the permit approved by the patrol. Each authorized
emergency vehicle permit holder must maintain a permanent daily log or record
of all uses of emergency vehicles authorized under this chapter for at least
two years. The records will be made available to any law enforcement officer or
the equipment standards unit of the patrol upon request. The records must
include the following items:
(i) Date and time
of operation.
(ii) Operator(s)
name(s).
(iii) Identification of
the vehicle(s) operated by the VIN or license plate number. A vehicle number
issued by the agency or company may be used provided that such number is
provided to the patrol as part of the application and linked to the VIN or
license plate number of the vehicle.
(iv) Location of operation which must include
all geographic areas operated in with emergency equipment for that
operation.
(v) Reason for
operation.
(d) Only for
the purposes set forth in the permit approved by the patrol.
(e) If being used for escort services, may be
used only for funeral escorts. Funeral escorts must:
(i) Provide notice of each escort to the
primary jurisdictions, if required to do so by the jurisdiction under the
permit.
(ii) Comply with WAC
308-330-466 regarding funeral
processions. To conduct traffic control as provided under WAC
308-330-466 the procession must:
(A) Have all operators involved in traffic
control certified as a Washington state certified flagger. A certified flag-ger
card must be carried at all times during the escort and presented to law
enforcement if requested. All operators involved in the funeral escort must
undergo a training briefing for the event which must include:
(I) Certified flaggers role during the
escort;
(II) Flagging safety and
requirements for any traffic control conducted to include any sign or vehicle
placement during the escort;
(III)
Familiarization of the route used for the escort;
(IV) Communications and signals to be used
between flaggers during the escort; and
(V) Other hazards specific to the route or
escort.
(B) Only use
certified flaggers who must:
(I) Be at least
twenty-one years of age.
(II)
Possess a valid driver's license with the proper endorsements for the vehicle
which they intend to operate as an escort vehicle.
(III) Be able to speak and hear well enough
to conduct verbal conversation in English with another person.
(IV) Have in his or her possession a flagger
certification card and the flagger's picture or a statement that says "valid
with photo ID."
(C) Use
traffic controls according to the guidelines and recommendations of the
Manual on Uniform Traffic Control Devices (MUTCD) as currently
modified and adopted by the Washington state department of transportation. To
view or print a copy of the MUTCD go to
http://wsdot.wa.gov/ and type MUTCD into the
search box. If flagger signaling is required it must be conducted according to
the currently adopted MUTCD and this chapter.
(D) Wear the following high-visibility safety
apparel when performing traffic control:
(I) A
safety vest, shirt or jacket labeled as meeting the ANSI/ISEA 107-2004 or
107-2010 standard performance for class 2 or 3 risk exposure. A copy of this
standard is available at
https://www.safetyequipment.org.
(II) The apparel must be orangered,
florescent yellow-green, or a combination of the two as defined in the ANSI
standard.
(E) Have the
following permit(s):
(I) A letter of
acknowledgment or letter of agreement through the Washington state department
of transportation (WSDOT) if the route includes state routes or interstates.
Applications for conducting escorts using state highways or interstates must be
submitted at least three business days in advance using the application for
special events on state highways application available on the WSDOT web
site
www.wsdot.wa.gov.
(II) A permit, letter of acknowledgment or
agreement from the necessary local jurisdiction(s), if required, to perform
traffic control functions for routes that include city streets or county roads.
Funeral escort companies are responsible for checking with the necessary
jurisdictions to ensure necessary documentation is acquired prior to operation
under the authorized emergency vehicle permit.
(F) Only hold an intersection if the lead
vehicle in the escort lawfully entered the intersection and only for a period
of time necessary to allow the remaining vehicles to proceed through the
intersection. If a procession lasts longer than three minutes at an
intersection, the flagger(s) will hold the procession to allow other road users
to cross.
(G) A certified flagger
will be held liable if an accident occurs due to his or her instructions.
(iii) Employers and/or
responsible contractors must make sure that flaggers:
(A) Stand either on the shoulder adjacent to
the road user being controlled or in the closed lane prior to stopping road
users. A flagger must only stand in the lane being used by moving road users
after the road users have been stopped. For the purpose of this section road
user means a vehicle operator, bicyclist, or pedestrian within a public
roadway, including workers in temporary traffic control zones.
(B) Are positioned so that they are not
exposed to traffic approaching them from behind. If this is not possible, then
the employer and/or responsible contractor must develop and use a method to
ensure that the flagger has adequate visual warning of traffic and equipment
approaching from behind.
(C) Do not
use devices that may distract the flagger vision, hearing or
attention.
(D) Do not work more
than three hours without a rest period of at least ten minutes.
(E) Are not assigned other duties while
engaged in traffic control activities.
(iv) Have commercial insurance in Washington
state or business use exemption from the insuring company to provide escort
services with a motor vehicle. Proof of such insurance must be provided to the
patrol annually as part of the application as outlined in WAC
204-36-030.
(v) Not park or stand, irrespective of the
provisions of
chapter
46.61 RCW or violate any
traffic laws unless lawfully conducting traffic control as outlined in this
chapter.
(2)
If an authorized emergency vehicle is used for private purposes, or for
purposes in an area or by an operator other than as set forth in the
application, all emergency equipment which is exposed to public view must be
removed or covered with an opaque hood, and must not be operated during such
period of time.
(3) The issuance of
an emergency vehicle permit does not relieve the driver from the duty to drive
with regard for the safety of all persons, nor will such provisions protect the
driver from the consequences of his or her disregard for the safety of others
and does not grant police authority to the operators of said vehicle. Any
inappropriate or misuse of authorized emergency vehicles may result in criminal
or civil liability as well as suspension or revocation of the emergency vehicle
permit.
(4) A siren may only be
used when responding to an emergency call or when reasonably necessary to warn
pedestrians and other drivers of the approach of the authorized emergency
vehicle in accordance with
RCW
46.37.380.
(5) No permit will be issued to an applicant
if the name of the applicant portrays the applicant as a public law enforcement
agency, or in association with a public law enforcement agency, or includes the
word "police" or "patrol."
(6) An
operator under an approved emergency vehicle permit will not be allowed to
display or use any of the following:
(a) A
name that includes the word "police," "patrol," or "law enforcement," or other
word which portrays the individual or business as a public law enforcement
agency.
(b) A sign, shield,
marking, accessory or insignia on their uniform, clothing or equipment to imply
that he or she is a law enforcement officer.
(7) Subsections (5) and (6) of this section
do not apply:
(a) If the applicant is
recognized under Washington state or federal law as a municipal corporation and
certifies to the patrol that the applicant is a municipal corporation;
or
(b) If the sign, shield,
marking, accessory or insignia on the operator's uniform or equipment is issued
by a public law enforcement agency; the operator is employed by the public law
enforcement agency that the operator is representing with the sign, shield,
marking, accessory or insignia on the operator's uniform or equipment; and the
operator is approved to operate the vehicle by that public law enforcement
agency for the purposes outlined under the authorized emergency vehicle
permit.
Statutory Authority:
RCW
46.37.194 and
46.37.005. 10-01-110, §
204-36-040, filed 12/17/09, effective 1/17/10; 09-09-091, § 204-36-040,
filed 4/16/09, effective 5/17/09; 02-07-055, § 204-36-040, filed 3/14/02,
effective 4/14/02. Statutory Authority:
RCW
46.37.194. 90-07-034, § 204-36-040,
filed 3/15/90, effective 4/15/90; 88-15-052 (Order 88-08-ESR), §
204-36-040, filed 7/18/88; Order 7301, § 204-36-040, filed
2/5/73.