Washington Administrative Code

Any person subject to these rules may seek a commission interpretation of a rule by filing with the commission a petition for declaratory order pursuant to WAC 480-07-930 or a petition under WAC 480-07-370 requesting clarification.[Statutory Authority: RCW 80.01.040, 80.04.160, 8…

"Commission" means the utilities and transportation commission."File with the commission" means filed with the commission's executive secretary pursuant to WAC 480-07-140."Grays Harbor pilotage district" shall have the same meaning as in RCW 88.16.050(2)."Person with a substantia…

A pilotage service provider must notify the commission in writing of any change in the provider's physical business address, business mailing address, business telephone number, or business email. This notice must be filed at least ten days before the effective date of the change…

The commission may grant an exemption from the provisions of any rule in this chapter in the same manner, consistent with the standards, and according to the procedures set forth in WAC 480-07-110.[Statutory Authority: RCW 80.01.040, 80.04.160, 81.116.020, and 81.116.900. WSR 19-…

(1) General provisions. A pilotage service provider must keep all business records and reports for at least three years following the date those documents are created unless otherwise specified in these rules or unless a longer retention period is required by another governmental…

(1) Annual reports. An annual report is an end-of-the-year summary of financial activity that each pilotage service provider is required to file with the commission.(a) Each year the commission will make available on the commission website an annual report form and instructions f…

(1) The commission encourages voluntary compliance with statutes, rules, and commission orders.(2) The commission will enforce statutes, rules, and commission orders through:(a) A program emphasizing education and technical assistance.(b) A compliance program including:(i) Invest…

The commission will assess fees to recover the reasonable costs the commission incurs to establish or amend the tariff rates of Grays Harbor pilotage district and Puget Sound pilotage district, respectively. The fees must be included in the respective marine pilotage tariffs and …

No pilotage service provider shall charge, collect, or receive, and no person, firm, corporation, or association shall pay for pilotage or other services performed that is any greater, less, or in a different amount, directly or indirectly, than the rates or charges approved by t…

(1) A tariff is a publication containing the rates and charges for pilotage services, including rules that govern how rates and charges are assessed.(2) The commission establishes and amends the tariffs that pilotage service providers serving the Puget Sound pilotage district and…

Each change in rates, charges, terms, or conditions in a tariff must be clearly identified by including the appropriate code symbol immediately to the left of the material being changed. Symbols to indicate the type of changes are:Code SymbolUsed to indicate:(R)Reductions in rate…

(1) A person with a substantial interest may petition the commission to modify the Puget Sound pilotage district tariff, and the commission may propose tariff changes on its own initiative.(2) Persons must file their proposed changes electronically using the commission's records …

(1) When the Grays Harbor pilotage district files a notice of its recommended pilotage service tariff with the commission, it must include:(a) The district pilotage budget;(b) The prior year pilotage financial statement; and(c) Official notice of the public hearing held on the pr…

The commission's receipt of a filing to modify tariff rates, terms, or conditions does not mean that the proposed modifications are immediately effective or that the commission approves those revisions. Petitioners may not implement any proposed tariff modifications until the com…

(1) Upon receiving a complaint or protest concerning rates or charges, or on its own initiative, the commission may suspend tariff rates, terms, or conditions as provided in RCW 81.04.130.(2) The commission will not take action to suspend a tariff, or any part of a tariff, based …

(1) Pilotage service provider responsibility.(a) Complaints from customers. When a pilotage service provider receives a complaint from a customer or an applicant concerning rates or charges, it must:(i) Acknowledge the complaint;(ii) Investigate the matter promptly;(iii) Report t…

(1) The legislature has declared that companies operating as auto transportation companies or as charter and excursion carriers in the state of Washington are engaged in businesses that affect the public interest and should be regulated. The purpose of these rules is to administe…

(1) The rules in this chapter apply to passenger transportation companies subject to the jurisdiction of the commission under chapter 81.04, 81.68, or 81.70 RCW. The rules apply to all passenger transportation companies, unless a part, rule, or reference within a rule states othe…

The commission does not regulate the following passenger transportation operations under this chapter:(1) Auto transportation company operations conducted wholly within the limits of an incorporated city or town, or auto transportation company operations from a point in a city or…

(1) In some instances, a person desiring to transport passengers may be subject to regulation as an auto transportation company under the provisions of chapter 81.68 RCW, a charter and excursion carrier under the provisions of chapter 81.70 RCW, or both chapters, depending on the…

(1) These rules do not relieve any passenger transportation company from any of its duties and obligations under the laws of the state of Washington.(2) The commission retains the authority to impose additional or different requirements on any passenger transportation company in …

A passenger transportation company may contract with a person or company to perform tasks that are subject to the rules under this chapter. If the passenger transportation company's contractor or any of its subcontractors engages in conduct that violates any federal, state, or lo…

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is still valid.[Statutory Authority: RCW 80.01.040, 81.04.160, 81.12.050, 81.68.03…

The commission's procedural rules are contained in chapter 480-07 WAC. If a rule in this chapter conflicts with a rule in chapter 480-07 WAC, the rule in this chapter applies. Copies of chapter 480-07 WAC are available from the commission records center on request.[Statutory Auth…

(1) See WAC 480-30-261 for definition of terms used primarily in tariffs and time schedules and WAC 480-30-216 for definitions used in driver and vehicle safety rules.(2) Unless the language or context indicates that a different meaning is intended, the following definitions appl…

A company must notify the commission in writing of any change in physical business address, business mailing address, business telephone number, fax number, or email address. This notice must be filed by letter, fax, or email within fifteen days following the change.[Statutory Au…

The commission may grant an exemption from the provisions of any rule in this chapter consistent with the standards and according to the procedures set forth in WAC 480-07-110 (Exceptions from and modification to the rules in this chapter; special rules).[Statutory Authority: RCW…

(1) Software and scale compatibility. The commission uses geographic information system (GIS) software to track regulated public utility and transportation company operating territories. Auto transportation company maps must meet minimum standards to ensure that those maps are co…

(1) General provisions. An auto transportation company must keep all business records and reports for at least three years following the date those documents are created unless otherwise specified in subsection (2) of this section or unless a longer retention period is required b…

(1) The commission publishes a uniform system of accounts (USOA) for auto transportation companies. The commission supplies copies of the USOA on request.(a) The USOA defines accounting, financial, and other procedures the commission uses to determine if rates are fair, just, rea…

(1) Auto transportation company annual reports. An annual report is an end-of-the-year summary of financial and operational activity that each regulated auto transportation company is required to file with the commission.(a) Each year the commission provides an annual report form…

(1) Beginning January 1, 2019, the commission will evaluate the effects of WAC 480-30-140, 480-30-420, and the amendments to WAC 480-30-071, 480-30-096, 480-30-116, 480-30-126, 480-30-136, and 480-30-286. The issues that may be considered include, but are not limited to:(a) Wheth…

A regulatory fee is an annual assessment paid by each company to cover the costs of regulation.(1) Auto transportation company regulatory fees. The maximum auto transportation company regulatory fee is set by statute at two-fifths of one percent of gross intrastate operating reve…

(1) In addition to regulatory fees, each auto transportation company must pay mileage fees on each vehicle it operates with a seating capacity over six passengers. RCW 46.16.125 establishes the following mileage fees:(a) Fifteen cents for each one hundred vehicle miles; or(b) Twe…

(1) Certificate required. A person must have a certificate from the commission before operating as a passenger transportation company in the state of Washington.(2) Company name. The company name is the name of the certificate holder.(a) A company electing to conduct operations u…

(1) The purpose of an application filing fee is to partially cover handling and processing expenses.(2) The commission establishes the following fees for application filings:Auto transportation company certificate application$200 Application for certificate to provide regular rou…

(1) A person must submit its certificate application on forms provided by the commission.(2) Applications must include all requested information, attachments, signed statements, and filing fees.(a) The commission may reject or defer consideration of an application until the appli…

(1) This rule governs applications for auto transportation company certificates for authority to provide intrastate regular route service under a federal grant of authority under the provisions of 49 U.S.C. § 13902.(2) A company operating under a federal grant of authority must c…

(1) Notice required. Any person acquiring control of a passenger transportation company through acquisition of the stock of that company must notify the commission in writing within thirty days of the acquisition.(2) Content of notice. Notice may be accomplished by filing a lette…

(1) Filing an application under WAC 480-30-096 does not authorize the applicant to start operations of the type requested or in the territory described in the application. The commission must grant the application and issue a certificate before a company may start the requested s…

(1) Application docket. The commission publishes a notice of pending certificate applications in the application docket. The commission mails the application docket to each existing auto transportation company certificate holder, to each person with a pending auto transportation …

(1) A person applying for a certificate to provide charter and excursion carrier services must be fit, willing, and able to provide service and to comply with state law and the safety and insurance requirements of this chapter.(2) The commission will issue to any qualified applic…

(1) A person applying for a certificate to provide auto transportation company services must have the knowledge, experience, and resources to conduct the service it proposes in its application. The applicant must be fit, willing and able to comply with state law and the requireme…

(1) The commission may consolidate applications for certificated auto transportation authority for joint consideration if:(a) The authority requested in the applications overlaps in whole or in part; and(b) The subsequent application was filed within thirty days of the date the i…

(1) The commission will consider applications for which an objection has been received through brief adjudicative proceedings under WAC 480-07-610, unless the presiding officer determines, based on the facts and circumstances presented, that a hearing or different process is requ…

(1) Public convenience and necessity.(a) In the context of auto transportation services, "public convenience and necessity" means that every member of the public should be reasonably afforded the opportunity to receive auto transportation service from a person or company certific…

(1) The commission must approve any sale, assignment, lease, transfer, or mortgage of an auto transportation, charter carrier, or excursion carrier company's certificate, or any portion of the operating authority described in a company's passenger transportation company certifica…