title: RCW 81.53.170

text:
Upon the petition of any party to a proceeding before the commission, any finding or findings, or order or orders of the commission, made under color of authority of this chapter, except as otherwise provided, may be reviewed in the superior court of the county wherein the crossing is situated, and the reasonableness and lawfulness of such finding or findings, order or orders inquired into and determined, as provided in this title for the review of the commission's orders generally. Appellate review of the judgment of the superior court may be sought in like manner as provided in said utilities and transportation commission law for review by the supreme court or the court of appeals.
[ 1988 c 202 s 66; 1971 c 81 s 145; 1961 c 14 s 81.53.170. Prior: 1937 c 22 s 6; 1913 c 30 s 13; RRS s 10523. Formerly RCW 81.52.240.]
Notes:
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Judicial review.


doc_type: statute

jurisdiction: wa

title: RCW 81.53.180

text:
Whenever to carry out any work undertaken under this chapter it is necessary to take, damage, or injuriously affect any private lands, property, or property rights, the right so to take, damage, or injuriously affect the same may be acquired by condemnation as hereinafter provided:
(1) In cases where new railroads are constructed and laid out by railroad company authorized to exercise the power of eminent domain, the right to take, damage, or injuriously affect private lands, property, or property rights shall be acquired by the railroad company by a condemnation proceedings brought in its own name and prosecuted as provided by law for the exercise of the power of eminent domain by railroad companies, and the right of eminent domain is hereby conferred on railroad companies for the purpose of carrying out the requirements of this chapter or the requirements of any order of the commission.
(2) In cases where it is necessary to take, damage, or injuriously affect private lands, property, or property rights to permit the opening of a new highway or highway crossing across a railroad, the right to take, damage, or injuriously affect such lands, property, or property rights shall be acquired by the municipality or county petitioning for such new crossing by a condemnation proceeding brought in the name of such municipality or county as provided by law for the exercise of the power of eminent domain by such municipality or county. If the highway involved be a state highway, then the right to take, damage, or injuriously affect private lands, property, or property rights shall be acquired by a condemnation proceeding prosecuted under the laws relative to the exercise of the power of eminent domain in aid of such state road.
(3) In cases where the commission orders changes in existing crossings to secure an under-crossing, over-crossing, or safer grade crossing, and it is necessary to take, damage, or injuriously affect private lands, property, or property rights to execute the work, the right to take, damage, or injuriously affect such lands, property, or property rights shall be acquired in a condemnation proceeding prosecuted in the name of the state of Washington by the attorney general under the laws relating to the exercise of the power of eminent domain by cities of the first class for street and highway purposes: PROVIDED, That in the cases mentioned in this subdivision the full value of any lands taken shall be awarded, together with damages, if any accruing to the remainder of the land not taken by reason of the severance of the part taken, but in computing the damages to the remainder, if any, the jury shall offset against such damages, if any, the special benefits, if any, accruing to such remainder by reason of the proposed improvement. The right of eminent domain for the purposes mentioned in this subdivision is hereby granted.
[ 1961 c 14 s 81.53.180. Prior: 1913 c 30 s 15; RRS s 10525. Formerly RCW 81.52.250.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Eminent domain.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 81.53.190

text:
If an under-crossing, over-crossing, or grade crossing is constructed, maintained, or operated, or is about to be constructed, operated, or maintained, in violation of the provisions of this chapter, or in violation of any order of the commission, such construction, operation, or maintenance may be enjoined, or may be abated, as provided by law for the abatement of nuisances. Suits to enjoin or abate may be brought by the attorney general, or by the prosecuting attorney of the county in which the unauthorized crossing is located.
[ 1961 c 14 s 81.53.190. Prior: 1913 c 30 s 16; RRS s 10526. Formerly RCW 81.52.260.]

catchline: Abatement of illegal crossings.


title: RCW 81.53.200

text:
If any railroad company, county, municipality, or officers thereof, or other person, shall fail, neglect, or refuse to perform or discharge any duty required of it or them under this chapter or any order of the commission, the performance of such duty may be compelled by mandamus, or other appropriate proceeding, prosecuted by the attorney general upon request of the commission.
[ 1961 c 14 s 81.53.200. Prior: 1913 c 30 s 17; RRS s 10527. Formerly RCW 81.52.270.]

catchline: Mandamus to compel performance.


title: RCW 81.53.210

text:
If any railroad company shall fail or neglect to obey, comply with, or carry out the requirements of this chapter, or any order of the commission made under it, such company shall be liable to a penalty not to exceed five thousand dollars, such penalty to be recovered in a civil action brought in the name of the state of Washington by the attorney general. All penalties recovered shall be paid into the state treasury.
[ 1961 c 14 s 81.53.210. Prior: 1913 c 30 s 18; RRS s 10528. Formerly RCW 81.52.280.]

catchline: Penalty.


title: RCW 81.53.220

text:
Whenever, to carry out any work ordered under RCW 81.53.010 through 81.53.281 and 81.54.010, it is necessary to erect and maintain posts, piers, or abutments in a highway, the right and authority to erect and maintain the same is hereby granted: PROVIDED, That, in case of a state highway the same shall be placed only at such points on such state highway as may be approved by the state secretary of transportation and fixed after such approval by order of the commission.
[ 1983 c 3 s 210; 1961 c 14 s 81.53.220. Prior: 1925 ex.s. c 179 s 2; 1913 c 30 s 19; RRS s 10529. Formerly RCW 81.52.290.]

catchline: Obstructions in highways.


title: RCW 81.53.230

text:
Nothing contained in this chapter shall be construed as conferring a right of action for the abandonment or vacation of any existing highway or portion thereof in cases where no right of action exists independent of this chapter.
[ 1961 c 14 s 81.53.230. Prior: 1913 c 30 s 20; RRS s 10530.]

catchline: No new right of action conferred.


title: RCW 81.53.240

text:
(1) Except to the extent necessary to permit participation by first-class cities in the grade crossing protective fund, when an election to participate is made as provided in RCW 81.53.261 through 81.53.291, or to the extent a first-class city requests to participate in the commission's crossing safety inspection program within the city, this chapter is not operative within the limits of first-class cities, and does not apply to street railway lines operating on or across any street, alley, or other public place within the limits of any city, except that a streetcar line outside of cities of the first class shall not cross a railroad at grade without express authority from the commission. The commission may not change the location of a state highway without the approval of the secretary of transportation, or the location of any crossing thereon adopted or approved by the department of transportation, or grant a railroad authority to cross a state highway at grade without the consent of the secretary of transportation.
(2) Within thirty days of July 1, 2015, first-class cities must provide to the commission a list of all existing public crossings within the limits of a first-class city, including over and under-crossings, including the United States department of transportation number for the crossing. Within thirty days of modifying, closing, or opening a grade crossing within the limits of a first-class city, the city must notify the commission in writing of the action taken, identifying the crossing by United States department of transportation number.
[ 2015 c 274 s 21; 1984 c 7 s 375; 1969 c 134 s 8; 1961 c 14 s 81.53.240. Prior: (i) 1953 c 95 s 15; 1925 ex.s. c 179 s 3; 1913 c 30 s 21; RRS s 10531. (ii) 1959 c 283 s 7. Formerly RCW 81.52.300 and 81.52.380.]
Notes:
Effective date—2015 c 274: See note following RCW 90.56.005.

catchline: Scope of chapter.


title: RCW 81.53.250

text:
The commission may employ temporarily such experts, engineers, and inspectors as may be necessary to supervise changes in existing crossings undertaken under this chapter; the expense thereof shall be paid by the railroad upon the request and certificate of the commission, said expense to be included in the cost of the particular change of grade on account of which it is incurred, and apportioned as provided in this chapter.
The commission may also employ such engineers and other persons as permanent employees as may be necessary to properly administer this chapter.
[ 1961 c 14 s 81.53.250. Prior: 1937 c 22 s 7; 1913 c 30 s 14; RRS s 10524. Formerly RCW 81.52.330.]

catchline: Employment of experts.


title: RCW 81.53.261

text:
Whenever the secretary of transportation or the governing body of any city, town, or county, or any railroad company whose road is crossed by any highway, shall deem that the public safety requires signals or other warning devices, other than sawbuck signs, at any crossing of a railroad at common grade by any state, city, town, or county highway, road, street, alley, avenue, boulevard, parkway, or other public place actually open and in use or to be opened and used for travel by the public, he or she or it shall file with the utilities and transportation commission a petition in writing, alleging that the public safety requires the installation of specified signals or other warning devices at such crossing or specified changes in the method and manner of existing crossing warning devices. Upon receiving such petition, the commission shall promptly set the matter for hearing, giving at least twenty days notice to the railroad company or companies and the county or municipality affected thereby, or the secretary of transportation in the case of a state highway, of the time and place of such hearing. At the time and place fixed in the notice, all persons and parties interested shall be entitled to be heard and introduce evidence, which shall be reduced to writing and filed by the commission. If the commission shall determine from the evidence that public safety does not require the installation of the signal, other warning device or change in the existing warning device specified in the petition, it shall make determinations to that effect and enter an order denying said petition in toto. If the commission shall determine from the evidence that public safety requires the installation of such signals or other warning devices at such crossing or such change in the existing warning devices at said crossing, it shall make determinations to that effect and enter an order directing the installation of such signals or other warning devices or directing that such changes shall be made in existing warning devices. The commission shall also at said hearing apportion the entire cost of installation and maintenance of such signals or other warning devices, other than sawbuck signs, as provided in RCW 81.53.271: PROVIDED, That upon agreement by all parties to waive hearing, the commission shall forthwith enter its order.
No railroad shall be required to install any such signal or other warning device until the public body involved has either paid or executed its promise to pay to the railroad its portion of the estimated cost thereof.
Nothing in this section shall be deemed to foreclose the right of the interested parties to enter into an agreement, franchise, or permit arrangement providing for the installation of signals or other warning devices at any such crossing or for the apportionment of the cost of installation and maintenance thereof, or compliance with an existing agreement, franchise, or permit arrangement providing for the same.
The hearing and determinations authorized by this section may be instituted by the commission on its own motion, and the proceedings, hearing, and consequences thereof shall be the same as for the hearing and determination of any petition authorized by this section.
No part of the record, or a copy thereof, of the hearing and determination provided for in this section and no finding, conclusion, or order made pursuant thereto shall be used as evidence in any trial, civil or criminal, arising out of an accident at or in the vicinity of any crossing prior to installation of signals or other warning devices pursuant to an order of the commission as a result of any such investigation.
Any order entered by the utilities and transportation commission under this section shall be subject to review, supersedeas, and appeal as provided in chapter 34.05 RCW.
Nothing in this section shall be deemed to relieve any railroad from liability on account of failure to provide adequate protective devices at any such crossing.
[ 2013 c 23 s 305; 2007 c 234 s 99; 1982 c 94 s 1; 1969 c 134 s 1.]
Notes:
Application—1982 c 94: "The provisions of this act shall not apply to those petitions acted upon by the commission prior to July 10, 1982." [ 1982 c 94 s 5.]

catchline: Crossing signals, warning devices—Petition—Hearing—Order—Costs apportionment—Records not evidence for actions—Appeal.


title: RCW 81.53.271

text:
The petition shall set forth by description the location of the crossing or crossings, the type of signal or other warning device to be installed, the necessity from the standpoint of public safety for such installation, the approximate cost of installation and related work, and the approximate annual cost of maintenance. If the commission directs the installation of a grade crossing protective device, and a federal-aid funding program is available to participate in the costs of such installation, installation and maintenance costs of the device shall be apportioned in accordance with the provisions of RCW 81.53.295. Otherwise if installation is directed by the commission, it shall apportion the cost of installation and maintenance as provided in this section:
(1) Installation: (a) The first twenty thousand dollars shall be apportioned to the grade crossing protective fund created by RCW 81.53.281; and
(b) The remainder of the cost shall be apportioned as follows:
(i) Sixty percent to the grade crossing protective fund, created by RCW 81.53.281;
(ii) Thirty percent to the city, town, county, or state; and
(iii) Ten percent to the railroad:
PROVIDED, That, if the proposed installation is located at a new crossing requested by a city, town, county, or state, forty percent of the cost shall be apportioned to the city, town, county, or state, and none to the railroad. If the proposed installation is located at a new crossing requested by a railroad, then the entire cost shall be apportioned to the railroad. In the event the city, town, county, or state should concurrently petition the commission and secure an order authorizing the closure of an existing crossing or crossings in proximity to the crossing for which installation of signals or other warning devices shall have been directed, the apportionment to the petitioning city, town, county, or state shall be reduced by ten percent of the total cost for each crossing ordered closed and the apportionment from the grade crossing protective fund increased accordingly. This exception shall not be construed to permit a charge to the grade crossing protective fund in an amount greater than the total cost otherwise apportionable to the city, town, county, or state. No reduction shall be applied where one crossing is closed and another opened in lieu thereof, nor to crossings of a private nature.
(2) Maintenance: (a) Twenty-five percent to the grade crossing protective fund, created by RCW 81.53.281; and
(b) Seventy-five percent to the railroad:
PROVIDED, That if the proposed installation is located at a new crossing requested by a railroad, then the entire cost shall be apportioned to the railroad.
[ 2003 c 190 s 2; 1982 c 94 s 2; 1975 1st ex.s. c 189 s 1; 1973 1st ex.s. c 77 s 1; 1969 c 134 s 2.]
Notes:
Findings—2003 c 190: "The legislature finds that grade crossing, rail trespass, and other safety issues continue to present a public safety problem.
The legislature further finds that with the increased importance of rail to freight and commuter mobility, there is a direct public benefit in assisting local communities and railroads to work together to address rail-related public safety concerns." [ 2003 c 190 s 1.].
Application—1982 c 94: See note following RCW 81.53.261.

catchline: Crossing signals, warning devices—Petition contents—Apportionment of installation and maintenance costs.


title: RCW 81.53.275

text:
In the event funds are not available from the grade crossing protective fund, the commission shall apportion to the parties on the basis of the benefits to be derived by the public and the railroad, respectively, that part of the cost which would otherwise be assigned to the fund: PROVIDED, That in such instances the city, town, county or state shall not be assessed more than sixty percent of the total cost of installation on other than federal aid designated highway projects: AND PROVIDED FURTHER, That in such instances the entire cost of maintenance shall be apportioned to the railroad.
[ 1969 ex.s. c 281 s 18; 1969 c 134 s 7.]

catchline: Crossing signals, warning devices—Apportionment when funds not available from grade crossing protective fund.


title: RCW 81.53.281

text:
There is hereby created in the state treasury a "grade crossing protective fund" to carry out the provisions of RCW 81.53.261, 81.53.271, 81.53.281, 81.53.291, and 81.53.295; for grants and/or subsidies to public, private, and nonprofit entities for rail safety projects authorized or ordered by the commission; and for personnel and associated costs related to supervising and administering rail safety grants and/or subsidies. During the 2013-2015 fiscal biennium, funds in this account may also be used to conduct the study required under section 102, chapter 222, Laws of 2014. The commission shall transfer from the public service revolving fund's miscellaneous fees and penalties accounts moneys appropriated for these purposes as needed. At the time the commission makes each allocation of cost to said grade crossing protective fund, it shall certify that such cost shall be payable out of said fund. When federal-aid highway funds are involved, the department of transportation shall, upon entry of an order by the commission requiring the installation or upgrading of a grade crossing protective device, submit to the commission an estimate for the cost of the proposed installation and related work. Upon receipt of the estimate the commission shall pay to the department of transportation the percentage of the estimate specified in RCW 81.53.295, as now or hereafter amended, to be used as the grade crossing protective fund portion of the cost of the installation and related work.
The commission may adopt rules for the allocation of money from the grade crossing protective fund. During the 2015-2017 and 2017-2019 fiscal biennia, the commission may waive rules regarding local matching fund requirements, maximum awards for individual projects, and other application requirements as necessary to expedite the allocation of money from the grade crossing protective fund to address underprotected grade crossings as identified by the commission.
[ 2017 c 313 s 715; 2016 c 14 s 701; 2014 c 222 s 702; 2003 c 190 s 3; 1998 c 245 s 166; 1987 c 257 s 1; 1985 c 405 s 509; 1982 c 94 s 3; 1975 1st ex.s. c 189 s 2; 1973 c 115 s 4; 1969 c 134 s 3.]
Notes:
Effective date—2017 c 313: See note following RCW 43.19.642.
Effective date—2016 c 14: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 25, 2016]." [ 2016 c 14 s 802.]
Effective date—2014 c 222: See note following RCW 47.28.030.
Findings—2003 c 190: See note following RCW 81.53.271.
Severability—1985 c 405: See note following RCW 9.46.100.
Application—1982 c 94: See note following RCW 81.53.261.

catchline: Crossing signals, warning devices—Grade crossing protective fund—Use and transfer of funds—Allocation of costs—Procedure—Federal funding.


title: RCW 81.53.291

text:
RCW 81.53.261 through 81.53.291 shall be operative within the limits of all cities, towns and counties, except cities of the first class. Cities of the first class may elect as to each particular crossing whether RCW 81.53.261 through 81.53.291 shall apply. Such election shall be made by the filing by such city of a petition as provided for in RCW 81.53.261 with the utilities and transportation commission, or by a statement filed with the commission accepting jurisdiction, when such petition is filed by others.
[ 1969 c 134 s 4.]

catchline: Crossing signals, warning devices—Operational scope—Election by first-class cities—Procedure.


title: RCW 81.53.295

text:
Whenever federal-aid highway funds are available and are used to pay a portion of the cost of installing a grade crossing protective device, and related work, at a railroad crossing of any state highway, city or town street, or county road at the then prevailing federal-aid matching rate, the grade crossing protective fund shall pay ten percent of the remaining cost of such installation and related work. The state or local authority having jurisdiction of such highway, street, or road shall pay the balance of the remaining cost of such installation and related work. The railroad whose road is crossed by the highway, street, or road shall thereafter pay the entire cost of maintaining the device.
[ 1982 c 94 s 4; 1975 1st ex.s. c 189 s 3.]
Notes:
Application—1982 c 94: See note following RCW 81.53.261.

catchline: Crossing signals, warning devices, etc.—Federal funds used to pay installation costs—Grade crossing protective fund—State and local authorities to pay remaining installation costs—Railroad to pay maintenance costs.


title: RCW 81.53.400

text:
Whenever any railroad company engages in the construction, maintenance, or repair of a crossing or overpass, the company shall install and maintain traffic control devices adequate to protect the public and railroad employees, subject to the requirements of RCW 81.53.410 and 81.53.420.
[ 1977 ex.s. c 168 s 1.]

catchline: Traffic control devices during construction, repair, etc. of crossing or overpass—Required.


title: RCW 81.53.410

text:
All traffic control devices used under RCW 81.53.400 shall be subject to the following conditions:
(1) Any traffic control devices shall be used at a repair or construction site only so long as the devices are needed or applicable. Any devices that are no longer needed or applicable shall be removed or inactivated so as to prevent confusion;
(2) All barricades, signs, and similar devices shall be constructed and installed in a workmanlike manner;
(3) Bushes, weeds, or any other material or object shall not be allowed to obscure any traffic control devices;
(4) All signs, barricades, and other control devices intended for use during hours of darkness shall be adequately illuminated or reflectorized, with precautions taken to protect motorists from glare; and
(5) Flagpersons shall be provided where necessary to adequately protect the public and railroad employees. The flagpersons shall be responsible and competent and possess at least average intelligence, vision, and hearing. They shall be neat in appearance and courteous to the public.
[ 1977 ex.s. c 168 s 2.]

catchline: Traffic control devices during construction, repair, etc. of crossing or overpass—Standards and conditions.


title: RCW 81.53.420

text:
The utilities and transportation commission shall adopt rules to implement the provisions of RCW 81.53.400 and 81.53.410 pursuant to chapter 34.05 RCW. The commission shall invite the participation of all interested parties in any hearings or proceedings taken under this section, including any parties who request notice of any proceedings.
Any rules adopted under this section and any devices employed under RCW 81.53.410 shall conform to the national standards established by the current manual, including any future revisions, on the Uniform Traffic Control Devices as approved by the American national standards institute as adopted by the federal highway administrator of the United States department of transportation.
Rules adopted by the commission shall specifically prescribe the duties, procedures, and equipment to be used by the flagpersons required by RCW 81.53.410.
RCW 81.53.400 through 81.53.420 and rules adopted thereunder shall be enforced by the commission under the provisions of chapter 81.04 RCW: PROVIDED, That rules adopted by the commission shall recognize that cities with a population in excess of four hundred thousand are responsible for specific public thoroughfares and have the specific responsibility and authority for determining the practices relating to safeguarding the public during construction, repair, and maintenance activities.
[ 1977 ex.s. c 168 s 3.]

catchline: Traffic control devices during construction, repair, etc. of crossing or overpass—Rules.


title: RCW 81.53.430

text:
(1) To address the potential public safety hazards presented by private crossings in the state and by the transportation of hazardous materials in the state, including crude oil, the commission is authorized to and must adopt rules governing safety standards for private crossings along the railroad tracks over which crude oil is transported in the state. The commission is also authorized to conduct inspections of the private crossings subject to this section, to order the railroads to make improvements at the private crossings, and enforce the orders.
(2) The commission must adopt rules governing private crossings along railroad tracks over which crude oil is transported in the state, establishing:
(a) Minimum safety standards for the private crossings subject to this section, including, but not limited to, requirements for signage; and
(b) Criteria for prioritizing the inspection and improvements of the private crossings subject to this section.
(3) Nothing in this section modifies existing agreements between the railroad company and the landowner governing liability for injuries or damages occurring at the private crossing.
[ 2015 c 274 s 22.]
Notes:
Effective date—2015 c 274: See note following RCW 90.56.005.

catchline: Safety standards for private crossings along railroad tracks over which crude oil is transported—Adoption of rules.


title: RCW 81.53.900

text:
This 1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975.
[ 1975 1st ex.s. c 189 s 4.]

catchline: Effective date—1975 1st ex.s. c 189.


title: RCW 81.54.010

text:
The term "grade crossing" when used in this chapter means any point or place where a logging or industrial railroad crosses a highway or a highway crosses such railroad or such railroad crosses any other railroad, at a common grade.
The term "over-crossing" when used in this chapter means any point or place where a highway crosses a railroad by passing above the same.
The term "under-crossing" when used in this chapter means any point or place where a highway crosses a railroad by passing under the same.
The term "over-crossing" or "under-crossing" shall also mean any point or place where one railroad crosses another railroad not at grade.
The term "logging" or "industrial" railroad when used in this chapter shall include every railway owned or operated primarily for the purpose of carrying the property of its owners or operators or a limited class of persons, with all tracks, spurs and sidings used in connection therewith.
[ 1961 c 14 s 81.54.010. Prior: 1941 c 161 s 1; Rem. Supp. 1941 s 10511-1. Formerly RCW 81.52.080, part.]

catchline: Definitions.


title: RCW 81.54.020

text:
All grade crossings, under-crossings and over-crossings on the line of every logging and other industrial railway as herein defined shall be inspected annually by the commission as to condition, also maintenance, and safety in the interest of the public, for the purpose that the commission may, if it shall deem it necessary, require such improvements, changes and repairs as in its judgment are proper to the end that adequate safety shall be provided for the public.
[ 1961 c 14 s 81.54.020. Prior: 1941 c 161 s 2; Rem. Supp. 1941 s 10511-2. Formerly RCW 81.52.310.]

catchline: Annual inspection of industrial crossings.


title: RCW 81.54.030

text:
(1) Every person operating any logging railroad or industrial railway shall, prior to July 1st of each year, file with the commission a statement showing the number of, and location, by name of highway, quarter section, section, township, and range of all crossings on his or her line and pay with the filing a fee for each crossing so reported. The commission shall, by order, fix the exact fee based on the cost of rendering such inspection service. All fees collected shall be deposited in the state treasury to the credit of the public service revolving fund. Intersections having one or more tracks shall be treated as a single crossing. Tracks separated a distance in excess of one hundred feet from the nearest track or group of tracks shall constitute an additional crossing. Where two or more independently operated railroads cross each other or the same highway intersection, each independent track shall constitute a separate crossing.
(2) Every person failing to make the report and pay the fees as required by this section is guilty of a misdemeanor and in addition subject to a penalty of twenty-five dollars for each day that the fee remains unpaid after it becomes due.
[ 2003 c 53 s 392; 1991 c 46 s 1; 1961 c 14 s 81.54.030. Prior: 1951 c 111 s 1; 1941 c 161 s 3; Rem. Supp. 1941 s 10511-3. Formerly RCW 81.52.320.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Reimbursement of inspection cost.


title: RCW 81.54.040

text:
This chapter shall not be operative within the limits of cities of the first class.
[ 1961 c 14 s 81.54.040. Prior: 1953 c 95 s 16; 1951 c 111 s 2. Formerly RCW 81.52.325.]

catchline: Chapter not operative within first-class cities.


title: RCW 81.60.005

text:
For purposes of RCW 81.60.010 through 81.60.060, "commissioned" means the criminal justice training commission has granted authority in accordance with state law, to act as a railroad police officer.
[ 2025 c 349 s 12.]

catchline: "Commissioned" defined.


title: RCW 81.60.010

text:
The criminal justice training commission shall have the power to and may in its discretion commission railroad police officers at the request of any railroad corporation and may revoke any commission at its pleasure.
[ 2025 c 349 s 7; 2001 c 72 s 1; 1961 c 14 s 81.60.010. Prior: 1915 c 118 s 1; RRS s 10542.]

catchline: Criminal justice training commission may commission railroad police officers.


title: RCW 81.60.020

text:
Any railroad corporation desiring the commissioning of any of its officers, agents, or servants not exceeding twenty-five in number for any one division of any railroad operating in this state as railroad police officers shall file a request with the criminal justice training commission on an approved application form. The application shall be signed by the president or some managing officer of the railroad corporation and shall be accompanied by an affidavit stating that the officer is acquainted with the person whose commission is sought, that the officer believes the person to be of good moral character, and that the person is of such character and experience that he or she can be safely entrusted with the powers of a police officer.
For the purposes of this section, "division" means the part of any railroad or railroads under the jurisdiction of any one division superintendent.
[ 2025 c 349 s 8; 2001 c 72 s 2; 1961 c 14 s 81.60.020. Prior: 1955 c 99 s 1; 1915 c 118 s 2; RRS s 10543.]

catchline: Application for commissioning.


title: RCW 81.60.030

text:
Before receiving a commission each person shall successfully complete a course of training prescribed or approved by the criminal justice training commission, and shall take, subscribe, and file with the commission an oath to support the Constitution of the United States and the Constitution and laws of the state of Washington, and to faithfully perform the duties of the office. The corporation requesting commissioning of a railroad police officer shall bear the full cost of training.
Railroad police officers commissioned under RCW 81.60.010 through 81.60.060 are subject to rules and regulations adopted by the commission.
[ 2025 c 349 s 9; 2001 c 72 s 3; 1961 c 14 s 81.60.030. Prior: 1915 c 118 s 3; RRS s 10544.]

catchline: Oath.


title: RCW 81.60.040

text:
Every police officer commissioned under the provisions of RCW 81.60.010 through 81.60.060 shall when on duty have the power and authority conferred by law on peace officers, but shall exercise such power only in the protection of the property belonging to or under the control of the corporation at whose instance the officer is commissioned and in preventing, and making arrest for, violations of law upon or in connection with such property.
[ 2025 c 349 s 10; 2001 c 72 s 4; 1961 c 14 s 81.60.040. Prior: 1915 c 118 s 4; RRS s 10545.]

catchline: Duties.


title: RCW 81.60.050

text:
Every railroad police officer shall, when on duty, wear in plain view a badge bearing the words "railroad police" and the name of the corporation by which the officer is employed, or carry, and present upon request, official credentials identifying the railroad police officer and corporation.
[ 2001 c 72 s 5; 1961 c 14 s 81.60.050. Prior: 1915 c 118 s 5; RRS s 10546.]

catchline: Badge.


title: RCW 81.60.060

text:
The corporation procuring a commission of any railroad police shall be solely responsible for the compensation for the officer's services and shall be liable civilly for any unlawful act of the officer resulting in damage to any person or corporation.
[ 2025 c 349 s 11; 2001 c 72 s 6; 1961 c 14 s 81.60.060. Prior: 1915 c 118 s 6; RRS s 10547.]

catchline: Liability for unlawful acts.


title: RCW 81.60.070

text:
Every person who, in such manner as might, if not discovered, endanger the safety of any engine, motor, car or train, or any person thereon, shall in any manner interfere or tamper with or obstruct any switch, frog, rail, roadbed, sleeper, viaduct, bridge, trestle, culvert, embankment, structure, or appliance pertaining to or connected with any railway, or any train, engine, motor, or car on such railway, and every person who shall discharge any firearm or throw any dangerous missile at any train, engine, motor, or car on any railway, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten years.
[ 2003 c 53 s 394; 1999 c 352 s 4; 1992 c 7 s 60; 1961 c 14 s 81.60.070. Prior: 1909 c 249 s 398; RRS s 2650.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Application—1999 c 352 ss 3-5: See note following RCW 9.94A.515.

catchline: Malicious injury to railroad property.


title: RCW 81.60.080

text:
(1) Any person or persons who shall willfully or maliciously, with intent to injure or deprive the owner thereof, take, steal, remove, change, add to, alter, or in any manner interfere with any journal bearing, brass, waste, packing, triple valve, pressure cock, brake, air hose, or any other part of the operating mechanism of any locomotive, engine, tender, coach, car, caboose, or motor car used or capable of being used by any railroad or railway company in this state, is guilty of a class C felony, and upon conviction thereof shall be punished by imprisonment in a state correctional facility for not more than five years, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment.
(2) Every person who buys or receives any of the property described in subsection (1) of this section, knowing the same to have been stolen, is guilty of a class C felony, and upon conviction thereof shall be punished as provided in subsection (1) of this section.
[ 2003 c 53 s 395; 1992 c 7 s 61; 1961 c 14 s 81.60.080. Prior: 1941 c 212 s 1; Rem. Supp. 1941 s 2650-1.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Sabotaging rolling stock—Receiving stolen railroad property.


title: RCW 81.61.010

text:
Unless the context clearly requires otherwise:
(1) "Contract crew transportation vehicle," as used in this chapter, means every motor vehicle, designed to transport fifteen or fewer passengers, including the driver, that is owned, leased, operated, or maintained by a person contracting with a railroad company or its agents, contractors, subcontractors, vendors, subvendors, secondary vendors, or subcarriers, and used primarily to provide railroad crew transportation.
(2) "Passenger-carrying vehicle," as used in this chapter, means those buses, vans, trucks, and cars owned, operated, and maintained by a railroad company and primarily used to transport railroad employees in other than the cab of such vehicle and designed primarily for operation on roads which may or may not be equipped with retractable flanged wheels for operation on railroad tracks.
[ 2017 c 333 s 1; 1977 ex.s. c 2 s 1.]
Notes:
Effective date—2017 c 333: "This act takes effect January 1, 2018." [ 2017 c 333 s 7.]


title: RCW 81.61.020

text:
The utilities and transportation commission shall adopt rules and orders necessary to ensure that every passenger-carrying vehicle provided by a railroad company to transport employees in the course of their employment is maintained and operated in a safe manner when it is used on a public or private road. The rules and orders must establish minimum standards for:
(1) The construction and mechanical equipment of the passenger-carrying vehicles, including lighting devices and reflectors, exhaust system, rear vision mirrors, service and parking brakes, steering mechanisms, tires, warning and signaling devices, windshield wipers, and heating equipment capable of maintaining a reasonable temperature in passenger areas;
(2) The operation of passenger-carrying vehicles, including driving rules, the loading and carrying of passengers, maximum daily hours of service by drivers, minimum age and skill of drivers, physical condition of drivers, refueling, road warning devices, and the transportation of gasoline and explosives;
(3) The safety of passengers in a passenger-carrying vehicle, including emergency exits, fire extinguishers, first aid kits, facilities for communication between cab and rear compartments, means of ingress and egress, side walls, canopy, tail gates, or other means of retaining passengers within the passenger-carrying vehicle.
[ 2007 c 234 s 41; 1977 ex.s. c 2 s 2.]

catchline: Minimum standards for safe maintenance and operation of passenger-carrying vehicles—Rules and orders—Scope.


title: RCW 81.61.030

text:
Any rules or orders adopted under this chapter shall be subject to the requirements of, and enforceable by the penalties imposed by chapter 81.04 RCW. Any interested person or group may request notice of, and participate in any hearings or proceedings held pursuant to this chapter. The commission shall conduct a hearing prior to the adoption of any rule or order under this chapter.
[ 1977 ex.s. c 2 s 3.]

catchline: Rules and orders—Adoption and enforceability—Hearings—Notice.


title: RCW 81.61.040

text:
(1) The commission may, in enforcing rules and orders under this chapter, inspect any passenger-carrying vehicle or contract crew transportation vehicle. Upon request, the chief of the state patrol may assist the commission in these inspections.
(2) Consistent with RCW 81.61.050, the commission must develop an inspection program for contract crew transportation vehicles. This program must require a periodic inspection of each vehicle, including a review of operational practices.
[ 2017 c 333 s 5; 1977 ex.s. c 2 s 4.]
Notes:
Effective date—2017 c 333: See note following RCW 81.61.010.

catchline: Inspection of railroad crew transportation vehicles.


title: RCW 81.61.050

text:
(1) The commission must regulate persons providing contract railroad crew transportation and every contract crew transportation vehicle with respect to driver qualifications, equipment safety, safety of operations, hours of service by drivers, passenger safety, drug testing requirements, and record retention. This regulation must be consistent with the manner in which the commission regulates these areas under chapter 81.70 RCW and the manner in which it regulates safety under chapter 81.68 RCW, as well as with the approach used in federal motor carrier safety regulations under Title 49 of the Code of Federal Regulations. In the event of a conflict between this chapter and the laws referenced in this subsection, this chapter governs.
(2) The commission must adopt rules under chapter 34.05 RCW as necessary to carry out this chapter regarding the operation of contract crew transportation vehicles.
(3)(a) The commission must require insurance coverage for each contract crew transportation vehicle that satisfies the following minimum amounts:
(i) Five million dollars combined single limit coverage for bodily injury and property damage liability coverage; and
(ii) Uninsured and underinsured motorist coverage of one million dollars.
(b) If a third party contracts with the person operating the vehicle on behalf of the railroad company or its agents, contractors, subcontractors, vendors, subvendors, secondary vendors, or subcarriers to transport railroad crew, the insurance requirements may be satisfied by either the third party or the person operating the vehicle, so long as the person operating the vehicle names the third party as an additional insured or named insured. The railroad company may also satisfy the insurance requirements. Proof of coverage must be provided to the commission by the person contracting with the railroad company.
(4) The commission must require the form and posting of adequate notices in a conspicuous location in all contract crew transportation vehicles to advise railroad employee passengers of their rights, the opportunity to submit safety complaints to the commission, the complaint process, and contact information for the commission.
(5) The commission must require persons providing contract railroad crew transportation to ensure that all drivers of contract crew transportation vehicles successfully complete at least eight hours of commission-approved safety training that includes, but is not limited to, vehicle and passenger safety awareness, rail yard safety, grade crossing safety, load securement, and distracted and fatigued driving.
(6) The commission must investigate safety complaints related to contract railroad crew transportation under this chapter and take appropriate enforcement action as authorized.
(7) The commission may enforce this chapter with respect to persons providing contract railroad crew transportation under the authority in RCW 81.04.380 through 81.04.405, including assessing penalties as warranted.
(8) The commission may suspend or revoke a permit upon complaint by any interested party, or upon the commission's own motion after notice and opportunity for hearing, when it finds that any person owning, leasing, operating, or maintaining contract crew transportation vehicles has violated this chapter or the rules of the commission, or that the company or its agent has been found by a court or governmental agency to have violated the laws of a state or the United States.
[ 2017 c 333 s 2.]
Notes:
Effective date—2017 c 333: See note following RCW 81.61.010.

catchline: Contract railroad crew transportation and vehicles—Commission duties and powers.


title: RCW 81.61.060

text:
(1) A person is immediately and automatically disqualified from operating a contract crew transportation vehicle for a period of three years if (a) the person is convicted of, or is found to have committed, two or more traffic violations that result in suspension or revocation of the person's driver's license within a three-year period, for a reason other than the nonpayment of fines, or (b) the person is found guilty of, or is found to have committed, any drug or alcohol-related traffic offense, using a vehicle to commit a felony, leaving the scene of an accident, prohibited passing of another vehicle, a railroad-highway grade crossing offense identified in *RCW 46.25.090(8), or driving with a suspended, revoked, or canceled license.
(2) A driver that sustains a conviction or a traffic violation as outlined under this section while employed by a contract carrier must report the conviction or infraction to the carrier within ten days of the date of conviction or the finding that the infraction was committed.
[ 2017 c 333 s 3.]
Notes:
*Reviser's note: RCW 46.25.090 was amended by 2023 c 35 s 6, changing subsection (8) to subsection (7).
Effective date—2017 c 333: See note following RCW 81.61.010.

catchline: Operation of contract crew transportation vehicle—Grounds for disqualification, reporting.


title: RCW 81.61.070

text:
(1) The commission must compile data regarding any reported safety complaints, accidents, regulatory violations and fines, and corrective actions taken by the commission involving vehicles regulated under this chapter. A railroad company, and any person that owns or leases, operates, or maintains contract crew transportation vehicles in the state, must, at the request of the commission, provide data relevant to any complaints and accidents, including location, time of day, visibility, a description of the event, whether any property damage or personal injuries resulted, and any corrective action taken by the railroad company, person operating the contract crew transportation vehicle, or commission. The commission must make this data available upon request.
(2) Information included in safety complaints that identifies the employee who submitted the complaint is exempt from public inspection and copying pursuant to RCW 42.56.330.
[ 2017 c 333 s 4.]
Notes:
Effective date—2017 c 333: See note following RCW 81.61.010.

catchline: Safety complaint, accident, and penalty data compilation—Exemption.


title: RCW 81.64.010

text:
The legislative authority of the city or town having control of any public street or road, or where such street or road is not within the limits of any incorporated city or town, then the board of county commissioners wherein such road or street is situated, may grant authority for the construction, maintenance and operation of electric railroads or railways, motor railroads or railways and railroads and railways of which the motive power is any power other than steam, together with such poles, wires and other appurtenances upon, over, along and across any such public street or road and in granting such authority the legislative authority of such city or town or the board of county commissioners, as the case may be, may prescribe the terms and conditions on which such railroads or railways and their appurtenances shall be constructed, maintained and operated upon, over, along and across such road or street, and the grade or elevation at which the same shall be maintained and operated.
[ 1961 c 14 s 81.64.010. Prior: 1907 c 99 s 1, part; 1903 c 175 s 1, part; RRS s 11082, part.]

catchline: Grant of franchise.


title: RCW 81.64.020

text:
On application being made to the county legislative authority for such authority, the county legislative authority shall fix a time and place for hearing the same, and shall cause the county auditor to give public notice thereof at the expense of the applicant, by posting written or printed notices in three public places in the county seat of the county, and in at least one conspicuous place on the road or street or part thereof, for which application is made, at least thirty days before the day fixed for the hearing, and by publishing a like notice once a week for two consecutive weeks in the official county newspaper, the last publication to be at least five days before the day fixed for the hearing, which notice shall state the name or names of the applicant or applicants, a description of the roads or streets or parts thereof for which the application is made, and the time and place fixed for the hearing. The hearing may be adjourned from time to time by order of the county legislative authority. If, after the hearing, the county legislative authority shall deem it to be for the public interest to grant the authority in whole or in part, it may make and enter the proper order granting the authority applied for or such part thereof as it deems to be for the public interest, and shall require such railroad or railway and its appurtenances to be placed in such location on or along the road or street as it finds will cause the least interference with other uses of the road or street.
[ 1985 c 469 s 63; 1961 c 14 s 81.64.020. Prior: 1907 c 99 s 1, part; 1903 c 175 s 1, part; RRS s 11082, part.]

catchline: Application to county legislative authority—Notice—Hearing—Order.


title: RCW 81.64.030

text:
In case any such railroad or railway, is or shall be located in part on private right-of-way, the owner thereof shall have the right to construct and operate the same across any county road or county street which intersects such private right-of-way, if such crossing is so constructed and maintained as to do no unnecessary damage: PROVIDED, That any person or corporation constructing such crossing or operating such railroad or railway on or along such county road or public street shall be liable to the county for all necessary expense incurred in restoring such county road or public street to a suitable condition for travel.
[ 1961 c 14 s 81.64.030. Prior: 1907 c 99 s 1, part; 1903 c 175 s 1, part; RRS s 11082, part.]

catchline: May cross public road.


title: RCW 81.64.040

text:
Every corporation incorporated or that may hereafter be incorporated under the laws of this state, or of any other state or territory of the United States and doing business in this state for the purpose of operating railroads or railways by electric power, shall have the right to appropriate real estate and other property for right-of-way or for any corporate purpose, in the same manner and under the same procedure as now is or may hereafter be provided by law in the case of ordinary railroad corporations authorized by the laws of this state to exercise the right of eminent domain: PROVIDED, That such right of eminent domain shall not be exercised with respect to any public road or street until the location of the electric railroad or railway thereon has been authorized in accordance with RCW 81.64.010 through 81.64.030.
[ 1961 c 14 s 81.64.040. Prior: 1903 c 175 s 2; RRS s 11083.]

catchline: Eminent domain.


title: RCW 81.64.050

text:
Every such corporation shall have the right to enter upon any land between the termini of the proposed lines for the purpose of examining, locating and surveying such lines, doing no unnecessary damage thereby.
[ 1961 c 14 s 81.64.050. Prior: 1899 c 94 s 2; RRS s 11085.]

catchline: Right of entry.


title: RCW 81.64.060

text:
Any corporation incorporated or that may hereafter be incorporated under the laws of this state or any state or territory of the United States, for the purpose of constructing, owning or operating railroads or railways by electric power, may lease or purchase and operate (except in cases where such lease or purchase is prohibited by the Constitution of this state) the whole or any part of the electric railroad or electric railway, of any other corporation heretofore or hereafter constructed, together with the franchises, powers, immunities and all other property or appurtenances appertaining thereto: PROVIDED, That such lease or purchase has been or shall be consented to by stockholders of record holding at least two-thirds in amount of the capital stock of the lessor or grantor corporation; and all such leases and purchases made or entered into prior to the effective date of chapter 175, Laws of 1903, by consent of stockholders as aforesaid are for all intents and purposes hereby ratified and confirmed, saving, however, any vested rights of private parties.
[ 1961 c 14 s 81.64.060. Prior: 1903 c 175 s 3; RRS s 11084.]

catchline: Purchase or lease of street railway property.


title: RCW 81.64.070

text:
With the consent of the majority in interest of their shareholders, two or more corporations operating street railway lines within or in the suburbs of the same municipality, may amalgamate their businesses and properties by consolidation, sale, lease, or other appropriate means, and either by conveyance to a third corporation or one to the other.
[ 1961 c 14 s 81.64.070. Prior: 1917 c 170 s 1; RRS s 11086.]

catchline: Consolidation of companies.


title: RCW 81.64.080

text:
No street railroad company shall charge, demand or collect more than five cents for one continuous ride within the corporate limits of any city or town: PROVIDED, That such rate may be exceeded or lowered as to any municipally owned street railroad when the corporate authorities of the municipality owning such railroad shall, by an ordinance duly passed, authorize the collection of a higher or lower rate of fare, to be specified in such ordinance, and as to any other street railroad company, such rate may be exceeded or lowered with the permission or upon the order of the commission after the filing of a tariff or a complaint by such street railroad company and a hearing thereon as provided in this title. Every street railroad company shall, upon such terms as shall be just and reasonable, furnish to its passengers transfers entitling such passenger to one continuous trip over and upon portions of its lines within the said city or town not reached by the originating car.
[ 1961 c 14 s 81.64.080. Prior: 1919 c 33 s 1; 1911 c 117 s 25; RRS s 10361.]

catchline: Fares and transfers.


title: RCW 81.64.090

text:
(1) Street railway or streetcar companies, or streetcar corporations, shall employ none but competent persons to operate or assist as conductors, motor operators, or grip operators upon any street railway, or streetcar line in this state.
(2) A person shall be deemed competent to operate or assist in operating cars or (dummies) usually used by street railway or streetcar companies, or corporations, only after first having served at least three days under personal instruction of a regularly employed conductor, motor operator, or grip operator on a car or dummy in actual service on the particular street railway or streetcar line for which the service of an additional person or additional persons may be required: PROVIDED, That during a strike on the streetcar lines the railway companies may employ competent persons who have not worked three days on the particular streetcar line.
(3) Any violation of this section by the president, secretary, manager, superintendent, assistant superintendent, stockholder, or other officer or employee of any company or corporation owning or operating any street railway or streetcar line or any receiver of street railway or streetcar company, or street railway or streetcar corporations appointed by any court within this state to operate such car line is a misdemeanor punishable by a fine in any amount not less than fifty dollars nor more than two hundred dollars, or imprisonment in the county jail for a term of thirty days, or both such fine and imprisonment at the discretion of the court.
[ 2009 c 549 s 1032; 2003 c 53 s 396; 1961 c 14 s 81.64.090. Prior: 1901 c 103 s 1; RRS s 11073.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Competent employees required—"Competent" defined—Penalty.


title: RCW 81.64.120

text:
Every streetcar run or used on any streetcar line in the state of Washington shall be provided with good and substantial aprons, pilots or fenders, and which shall be so constructed as to prevent any person from being thrown down and run over or caught beneath or under such car.
[ 1961 c 14 s 81.64.120. Prior: 1897 c 94 s 1; RRS s 11076. FORMER PART OF SECTION: 1911 c 117 s 66, part now codified in RCW 81.44.040.]

catchline: Car equipment specified.


title: RCW 81.64.130

text:
The owners or managers operating any streetcar line failing to comply with the provisions of RCW 81.64.120 shall forfeit and pay to the state of Washington a penalty of not less than twenty-five dollars for each and every violation of RCW 81.64.120 and each car run shall be considered a separate violation of RCW 81.64.120 and every period of five days shall be deemed a separate violation of RCW 81.64.120.
[ 1961 c 14 s 81.64.130. Prior: 1897 c 94 s 2; RRS s 11077.]

catchline: Penalty.


title: RCW 81.64.140

text:
All corporations, companies or individuals owning, managing or operating any street railway or line in the state of Washington, shall provide, during the rain or winter season, all cars run or used on its or their respective roads with good, substantial and sufficient vestibules, or weather guards, for the protection of the employees of such corporation, company or individual.
The vestibules or weather guards shall be so constructed as to protect the employees of such company, corporation or individual from the wind, rain or snow.
[ 1961 c 14 s 81.64.140. Prior: (i) 1895 c 144 s 1; RRS s 11078. (ii) 1895 c 144 s 2; RRS s 11079.]

catchline: Weather guards.


title: RCW 81.64.150

text:
Any such street railway company, corporation or individual, as mentioned in RCW 81.64.140, failing to comply with the provisions of RCW 81.64.140, shall forfeit and pay to the state of Washington a penalty of not less than fifty dollars nor more than two hundred and fifty dollars for each and every violation of RCW 81.64.140, and each period of ten days that any such company, corporation or individual shall fail to comply with the provisions of RCW 81.64.140, or for each car used by such corporation, company, or individual not in conformity with RCW 81.64.140, shall be taken and deemed to be a separate violation of RCW 81.64.140.
[ 1961 c 14 s 81.64.150. Prior: 1895 c 144 s 3; RRS s 11080.]


title: RCW 81.64.160

text:
(1) No person, agent, officer, manager, or superintendent or receiver of any corporation or owner of streetcars shall require his, her, or its grip operators, motor operators, drivers, or conductors to work more than ten hours in any twenty-four hours.
(2) Any person, agent, officer, manager, superintendent, or receiver of any corporation, or owner of streetcar or cars, violating this section is guilty of a misdemeanor, and shall be fined in any sum not less than twenty-five dollars nor more than one hundred dollars for each day in which such grip operator, motor operator, driver, or conductor in the employ of such person, agent, officer, manager, superintendent, or receiver of such corporation or owner is required to work more than ten hours during each twenty-four hours, as provided in this section.
(3) It is the duty of the prosecuting attorney of each county of this state to institute the necessary proceedings to enforce the provisions of this section.
[ 2013 c 23 s 306; 2003 c 53 s 397; 1961 c 14 s 81.64.160. Prior: 1895 c 100 s 1; RRS s 7648.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Hours of labor—Penalty.


title: RCW 81.66.005

text:
This chapter applies to persons and motor vehicles engaged in interstate or foreign commerce to the full extent permitted by the Constitution and laws of the United States.
It is unlawful for any motor carrier to perform a transportation service for compensation upon the public highways of this state without first having secured appropriate federal authority from the United States department of transportation, if such authority is required, and without first having registered with the commission either directly or through a federally authorized uniform registration program.
[ 2007 c 234 s 42.]

catchline: Scope—Federal authority and registration for compensatory services.


title: RCW 81.66.010

text:
The definitions set forth in this section shall apply throughout this chapter, unless the context clearly indicates otherwise.
(1) "Corporation" means a corporation, company, association, or joint stock association.
(2) "Person" means an individual, firm, or a copartnership.
(3) "Persons with special transportation needs" means those persons, including their personal attendants, who because of physical or mental disability, income status, or age are unable to transport themselves or to purchase appropriate transportation.
(4) "Private, nonprofit transportation provider" means any private, nonprofit corporation providing transportation services for compensation solely to persons with special transportation needs, or pursuant to a contract with a state agency or funded by a grant issued by the department of transportation.
[ 2009 c 557 s 3; 1996 c 244 s 1; 1979 c 111 s 4.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Severability—1979 c 111: See note following RCW 46.74.010.

catchline: Definitions.


title: RCW 81.66.020

text:
No person or corporation, their lessees, trustees, receivers, or trustees appointed by any court, may operate as a private, nonprofit transportation provider except in accordance with this chapter.
[ 1979 c 111 s 5.]
Notes:
Severability—1979 c 111: See note following RCW 46.74.010.

catchline: Private, nonprofit transportation provider required to operate in accordance with this chapter.


title: RCW 81.66.030

text:
The commission shall regulate every private, nonprofit transportation provider in this state but has authority only as follows: To issue certificates to such providers; to set forth insurance requirements; to adopt reasonable rules to insure that any vehicles used by such providers will be adequate for the proposed service; and to inspect the vehicles and otherwise regulate the safety of operations of each provider. The commission may charge fees to private, nonprofit transportation providers, which shall be approximately the same as the reasonable cost of regulating such providers.
[ 1998 c 173 s 4; 1979 c 111 s 6.]
Notes:
Severability—1979 c 111: See note following RCW 46.74.010.

catchline: Authority of commission.


title: RCW 81.66.040

text:
A private, nonprofit transportation provider may not operate in this state without first having obtained from the commission under this chapter a certificate. Any right, privilege, or certificate held, owned, or obtained by a private, nonprofit transportation provider may be sold, assigned, leased, transferred, or inherited as other property only upon authorization by the commission. The commission shall issue a certificate to any person or corporation who files an application, in a form to be determined by the commission, which sets forth:
(1) Satisfactory proof of its status as a private, nonprofit corporation;
(2) The kind of service to be provided;
(3) The number and type of vehicles to be operated, together with satisfactory proof that the vehicles are adequate for the proposed service and that drivers of such vehicles will be adequately trained and qualified;
(4) Satisfactory proof of insurance or surety bond, in accordance with RCW 81.66.050.
The commission may deny a certificate to a provider who does not meet the requirements of this section. Each vehicle of a private, nonprofit transportation provider must carry a copy of the provider's certificate.
[ 2007 c 234 s 43; 1979 c 111 s 7.]
Notes:
Severability—1979 c 111: See note following RCW 46.74.010.

catchline: Certificate required—Transferability—Application—Carried in vehicle.


title: RCW 81.66.050

text:
The commission shall, in the granting of certificates to operate any private, nonprofit transportation provider, require the owner or operator to first procure liability and property damage insurance from a company licensed to make liability insurance in the state of Washington or a surety bond of a company licensed to write surety bonds in the state of Washington on each vehicle used or to be used in transporting persons for compensation. The commission shall fix the amount of the insurance policy or policies or surety bond, giving due consideration to the character and amount of traffic, the number of persons affected, and the degree of danger which the proposed operation involves. Such liability and property damage insurance or surety bond shall be maintained in force on each vehicle while so used. Each policy for liability of property damage insurance or surety bond required herein, shall be filed with the commission and kept in full force and effect, and failure to do so shall be cause for the revocation of the certificate.
[ 1979 c 111 s 8.]
Notes:
Severability—1979 c 111: See note following RCW 46.74.010.

catchline: Insurance or bond required.


title: RCW 81.66.060

text:
The commission may, at any time, by its order duly entered after notice to the holder of any certificate issued under this chapter, and an opportunity for a hearing, at which it is proven that the holder has willfully violated or refused to observe any of the commission's proper orders, rules, or regulations, suspend, revoke, alter, or amend any certificate issued under this chapter, but the holder of the certificate shall have all the rights of rehearing, review, and appeal as to the order of the commission as is provided for in chapter 34.05 RCW.
[ 2007 c 234 s 44; 2005 c 121 s 1; 1979 c 111 s 9.]
Notes:
Severability—1979 c 111: See note following RCW 46.74.010.

catchline: Suspension, revocation, or alteration of certificate.


title: RCW 81.68.010

text:
The definitions set forth in this section apply throughout this chapter, unless the context clearly indicates otherwise.
(1) "Corporation" means a corporation, company, association, or joint stock association.
(2) "Person" means an individual, firm, or a copartnership.
(3) "Auto transportation company" means every corporation or person, their lessees, trustees, receivers, or trustees appointed by any court whatsoever, owning, controlling, operating, or managing any motor-propelled vehicle used in the business of transporting persons and their baggage on the vehicles of auto transportation companies carrying passengers, for compensation over any public highway in this state between fixed termini or over a regular route, and not operating exclusively within the incorporated limits of any city or town.
(4) "Public highway" means every street, road, or highway in this state.
(5) The words "between fixed termini or over a regular route" mean the termini or route between or over which any auto transportation company usually or ordinarily operates any motor-propelled vehicle, even though there may be departure from the termini or route, whether the departures are periodic or irregular. Whether or not any motor-propelled vehicle is operated by any auto transportation company "between fixed termini or over a regular route" within the meaning of this section is a question of fact, and the finding of the commission thereon is final and is not subject to review.
[ 2007 c 234 s 46; 1989 c 163 s 1; 1984 c 166 s 1; 1979 c 111 s 16; 1975-'76 2nd ex.s. c 121 s 1; 1969 ex.s. c 210 s 10; 1961 c 14 s 81.68.010. Prior: 1935 c 120 s 1; 1921 c 111 s 1; RRS s 6387.]
Notes:
Severability—1979 c 111: See note following RCW 46.74.010.


title: RCW 81.68.015

text:
This chapter does not apply to corporations or persons, their lessees, trustees, receivers, or trustees appointed by any court whatsoever insofar as they own, control, operate, or manage taxicabs, hotel buses, school buses, or any other carrier that does not come within the term "auto transportation company" as defined in RCW 81.68.010.
This chapter does not apply to persons operating motor vehicles when operated wholly within the limits of incorporated cities or towns, and for a distance not exceeding three road miles beyond the corporate limits of the city or town in Washington in which the original starting point of the vehicle is located, and which operation either alone or in conjunction with another vehicle or vehicles is not a part of any journey beyond the three-mile limit.
This chapter does not apply to commuter ride sharing or ride sharing for persons with special transportation needs in accordance with RCW 46.74.010, so long as the ride-sharing operation does not compete with or infringe upon comparable service actually being provided before the initiation of the ride-sharing operation by an existing auto transportation company certificated under this chapter.
This chapter does not apply to a service carrying passengers for compensation over any public highway in this state between fixed termini or over a regular route if the commission finds, with or without a hearing, that the service does not serve an essential transportation purpose, is solely for recreation, and would not adversely affect the operations of the holder of a certificate under this chapter, and that exemption from this chapter is otherwise in the public interest. Companies providing these services must, however, obtain a permit under chapter 81.70 RCW.
This chapter does not apply to a service carrying passengers for compensation over any public highway in this state between fixed termini or over a regular route if the commission finds, with or without a hearing, that the service is provided pursuant to a contract with a state agency, or funded by a grant issued by the department of transportation, and that exemption from this chapter is otherwise in the public interest. Companies providing these services must, however, obtain a permit under chapter 81.70 RCW.
[ 2009 c 557 s 1; 2007 c 234 s 47; 1989 c 163 s 2; 1984 c 166 s 2.]

catchline: Application of chapter restricted.


title: RCW 81.68.020

text:
A corporation or person, their lessees, trustees, or receivers or trustees appointed by any court whatsoever, may not engage in the business of operating as a common carrier any motor-propelled vehicle for the transportation of persons and their baggage on the vehicles of auto transportation companies carrying passengers, between fixed termini or over a regular route for compensation on any public highway in this state, except in accordance with this chapter.
[ 2007 c 234 s 48; 1989 c 163 s 3; 1984 c 166 s 3; 1961 c 14 s 81.68.020. Prior: 1927 c 166 s 1; 1921 c 111 s 2; RRS s 6388.]

catchline: Compliance with chapter required.


title: RCW 81.68.030

text:
The commission is vested with power and authority, and it is its duty to supervise and regulate every auto transportation company in this state as provided in this section. Under this authority, it shall for each auto transportation company:
(1) Fix, alter, and amend just, fair, reasonable, and sufficient rates, fares, charges, classifications, rules, and regulations;
(2) Regulate the accounts, service, and safety of operations;
(3) Require the filing of annual and other reports and of other data;
(4) Supervise and regulate the companies in all other matters affecting the relationship between such companies and the traveling and shipping public;
(5) By general order or otherwise, prescribe rules and regulations in conformity with this chapter, applicable to any and all such companies, and within such limits make orders.
The commission may, at any time, by its order duly entered after notice to the holder of any certificate under this chapter, and an opportunity for a hearing, at which it shall be proven that the holder willfully violates or refuses to observe any of the commission's proper orders, rules, or regulations, suspend, revoke, alter, or amend any certificate issued under the provisions of this chapter, but the holder of the certificate has all the rights of rehearing, review, and appeal as to the order of the commission as is provided for in chapter 34.05 RCW.
[ 2007 c 234 s 96; 2005 c 121 s 2; 1989 c 163 s 4; 1984 c 166 s 4; 1961 c 14 s 81.68.030. Prior: 1921 c 111 s 3; RRS s 6389.]

catchline: Regulation by commission.


title: RCW 81.68.040

text:
An auto transportation company shall not operate for the transportation of persons and their baggage for compensation between fixed termini or over a regular route in this state, without first having obtained from the commission under this chapter a certificate declaring that public convenience and necessity require such operation. Any right, privilege, certificate held, owned, or obtained by an auto transportation company may be sold, assigned, leased, transferred, or inherited as other property, only if authorized by the commission. The commission may, after notice and an opportunity for a hearing, when the applicant requests a certificate to operate in a territory already served by a certificate holder under this chapter, only when the existing auto transportation company or companies serving such territory will not provide the same to the satisfaction of the commission, or when the existing auto transportation company does not object, and in all other cases with or without hearing, issue the certificate as prayed for; or for good cause shown, may refuse to issue same, or issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by the certificate to such terms and conditions as, in its judgment, the public convenience and necessity may require.
[ 2007 c 234 s 49; 2005 c 121 s 3; 1961 c 14 s 81.68.040. Prior: 1921 c 111 s 4; RRS s 6390.]

catchline: Certificate of convenience and necessity.


title: RCW 81.68.046

text:
The commission may, with or without a hearing, issue temporary certificates to engage in the business of operating an auto transportation company, but only after it finds that the issuance of the temporary certificate is consistent with the public interest. The temporary certificate may be issued for a period up to one hundred eighty days. The commission may prescribe rules and impose terms and conditions as in its judgment are reasonable and necessary in carrying out this chapter. The commission may by rule, prescribe a fee for an application for the temporary certificate. The commission shall not issue a temporary certificate to operate in a territory: (1) For which a certificate has been issued, unless the existing certificate holder, upon twenty days' notice, does not object to the issuance of the certificate or is not providing service; or (2) for which an application is pending unless the filing for a temporary certificate is made by the applicant or the applicant does not object to the issuance of the certificate.
During a state of emergency declared under RCW 43.06.010(12), the governor may waive or suspend the operation or enforcement of this section or any portion of this section or under any administrative rule, and issue any orders to facilitate the operation of state or local government or to promote and secure the safety and protection of the civilian population.
[ 2008 c 181 s 415; 2005 c 121 s 8.]
Notes:
Part headings not law—2008 c 181: See note following RCW 43.06.220.

catchline: Temporary certificates—Waiver of provisions during state of emergency.


title: RCW 81.68.050

text:
Any application for a certificate of public convenience and necessity or amendment thereof, or application to sell, lease, mortgage, or transfer a certificate of public convenience and necessity or any interest therein, shall be accompanied by such filing fees as the commission may prescribe by rule: PROVIDED, That such fee shall not exceed two hundred dollars.
[ 1973 c 115 s 5; 1961 c 14 s 81.68.050. Prior: 1955 c 125 s 9; prior: 1937 c 158 s 2, part; RRS s 10417-1, part.]

catchline: Filing fees.


title: RCW 81.68.060

text:
In granting certificates to operate any auto transportation company, for transporting for compensation persons and their baggage on the vehicles of auto transportation companies carrying passengers, the commission shall require the owner or operator to first procure liability and property damage insurance from a company licensed to make liability insurance in the state of Washington or a surety bond of a company licensed to write surety bonds in the state of Washington on each motor-propelled vehicle used or to be used in transporting persons for compensation, in an amount of no less than one hundred thousand dollars for any recovery for personal injury by one person, no less than three hundred thousand dollars for any vehicle having a capacity of sixteen passengers or less, no less than five hundred thousand dollars for any vehicle having a capacity of seventeen passengers or more for all persons receiving personal injury by reason of at least one act of negligence, and no less than fifty thousand dollars for damage to property of any person other than the insured. The commission shall fix the amount of the insurance policy or policies or security deposit by giving due consideration to the character and amount of traffic, the number of persons affected, and the degree of danger that the proposed operation involves. The liability and property damage insurance or surety bond must be maintained in force on the motor-propelled vehicle while in use, and each policy for liability or property damage insurance or surety bond required by this section must be filed with the commission and kept in full force and effect. Failure to file and maintain the required insurance is cause for the revocation of the certificate.
[ 2007 c 234 s 50; 1989 c 163 s 5; 1984 c 166 s 6; 1977 ex.s. c 298 s 1; 1961 c 14 s 81.68.060. Prior: 1921 c 111 s 5; RRS s 6391.]

catchline: Liability and property damage insurance—Surety bond.


title: RCW 81.68.065

text:
Any auto transportation company authorized to transport persons for compensation on the highways and engaging in interstate, or interstate and intrastate, operations within the state of Washington which is or becomes qualified as a self-insurer with the federal motor carrier safety administration of the United States department of transportation under the United States interstate commerce act applicable to self insurance by motor carriers, is exempt, so long as such qualification remains effective, from all provisions of law relating to the carrying or filing of insurance policies or bonds in connection with such operations.
The commission may require auto transportation companies to prove the existence and continuation of such qualification with the federal motor carrier safety administration by affidavit in any form the commission prescribes.
[ 2007 c 234 s 51; 1961 c 14 s 81.68.065. Prior: (i) 1949 c 127 s 1; Rem. Supp. 1949 s 6386-5a. (ii) 1949 c 127 s 2; Rem. Supp. 1949 s 6386-5b.]

catchline: Self-insurers exempt as to insurance or bond.


title: RCW 81.68.080

text:
Every officer, agent, or employee of any corporation, and every other person who violates or fails to comply with, or who procures, aids, or abets in the violation of any provisions of this chapter, or who fails to obey, observe, or comply with any order, decision, rule or regulation, direction, demand, or requirement, or any part of provision thereof, is guilty of a gross misdemeanor.
[ 2007 c 234 s 52; 2003 c 53 s 398; 1979 ex.s. c 136 s 106; 1961 c 14 s 81.68.080. Prior: 1921 c 111 s 7; RRS s 6393.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Penalty.


title: RCW 81.68.090

text:
This chapter applies to persons and motor vehicles engaged in interstate or foreign commerce to the full extent permitted by the Constitution and laws of the United States.
[ 2007 c 234 s 53; 1961 c 14 s 81.68.090. Prior: 1921 c 111 s 8; RRS s 6394.]

catchline: Scope of chapter.


title: RCW 81.68.100

text:
It is unlawful for any motor carrier to perform a transportation service for compensation upon the public highways of this state without first having secured appropriate federal authority from the United States department of transportation, if such authority is required, and without first having registered with the commission either directly or through a federally authorized uniform registration program.
[ 2007 c 234 s 45.]

catchline: Federal authority and registration for compensatory services.


title: RCW 81.70.010

text:
The use of the public highways for the transportation of passengers for compensation is a business affected with the public interest. It is the purpose of this chapter to preserve for the public full benefit in use of public highways consistent with the needs of commerce, without unnecessary congestion or wear and tear upon such highways; to secure to the people safe, adequate and dependable transportation by carriers operating upon such highways; and to secure full and unrestricted flow of traffic by motor carriers over such highways which will adequately meet reasonable public demands by providing for the regulation of all transportation agencies with respect to safety of operations and accident indemnity so that safe, adequate and dependable service by all necessary transportation agencies shall be maintained, and the full use of the highway reserved to the public.
[ 1965 c 150 s 2.]

catchline: Business affected with the public interest—Declaration of purpose.


title: RCW 81.70.020

text:
Unless the context otherwise requires, the definitions and general provisions in this section govern the construction of this chapter:
(1) Subject to the exclusions of RCW 81.70.030, "charter party carrier" means every person engaged in the transportation over any public highways in this state of a group of persons, who, pursuant to a common purpose and under a single contract, acquire the use of a motor vehicle to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartered group after leaving the place of origin;
(2) "Commission" means the Washington utilities and transportation commission;
(3) "Customer" means a person, corporation, or other entity that prearranges for transportation services with a charter party carrier or purchases a ticket for transportation services aboard an excursion service carrier;
(4) "Double-decker bus" means a motor vehicle with more than one passenger deck. A person using a double-decker bus must comply with the maximum height vehicle requirements contained in RCW 46.44.020;
(5) Subject to the exclusion of RCW 81.70.030, "excursion service carrier" means every person engaged in the transportation of persons for compensation over any public highway in this state from points of origin within the incorporated limits of any city or town or area, to any other location within the state of Washington and returning to that origin. The service must not pick up or drop off passengers after leaving and before returning to the area of origin. The excursions may be regularly scheduled. Compensation for the transportation offered or afforded must be computed, charged, or assessed by the excursion service company on an individual fare basis;
(6) "Motor vehicle" means every self-propelled vehicle with seating capacity for seven or more persons, excluding the driver;
(7) Subject to the exclusions of RCW 81.70.030, "party bus" means any motor vehicle whose interior enables passengers to stand and circulate throughout the vehicle because seating is placed around the perimeter of the bus or is nonexistent and in which food, beverages, or entertainment may be provided. A motor vehicle configured in the traditional manner of forward-facing seating with a center aisle is not a party bus. A person engaged in the transportation of persons by party bus over any public highway in this state is considered engaging in the business of a charter party carrier or excursion service carrier;
(8) "Permit holder" means a holder of an appropriate special permit issued under chapter 66.20 RCW who is twenty-one years of age or older and who is responsible for compliance with the requirements of RCW 81.70.380 and chapter 66.20 RCW during the provision of transportation services;
(9) "Person or persons" means an individual, a corporation, association, joint stock association, and partnership, their lessees, trustees, or receivers;
(10) "Public highway" includes every public street, road, or highway in this state.
[ 2015 c 233 s 1; 2007 c 234 s 55; 1989 c 163 s 6; 1988 c 30 s 1; 1969 c 132 s 1; 1965 c 150 s 3.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

catchline: Definitions.


title: RCW 81.70.030

text:
This chapter does not apply to:
(1) Persons or their lessees, receivers, or trustees insofar as they own, control, operate, or manage taxicabs, hotel buses, or school buses, when operated as such;
(2) Passenger vehicles carrying passengers on a noncommercial enterprise basis; or
(3) Limousine charter party carriers of passengers under chapter 46.72A RCW.
[ 2015 c 233 s 2; 2007 c 234 s 56; 1989 c 283 s 17; 1965 c 150 s 4.]

catchline: Exclusions.


title: RCW 81.70.220

text:
(1) No person may engage in the business of a charter party carrier or excursion service carrier of passengers over any public highway without first having obtained a certificate from the commission to do so or having registered as an interstate carrier. For the purposes of this section, "engage in the business of a charter party carrier or excursion service carrier" includes advertising or soliciting, offering, or entering into an agreement to provide such service. Each advertisement reproduced, broadcast, or displayed via a particular medium constitutes a separate violation under this chapter.
(2) Any person who engages in the business of a charter party carrier or excursion service carrier in violation of subsection (1) of this section is subject to a penalty of up to five thousand dollars per violation.
(3) An auto transportation company carrying passengers for compensation over any public highway in this state between fixed termini or over a regular route that is not required to hold an auto transportation certificate because of a commission finding under RCW 81.68.015 must obtain a certificate under this chapter.
[ 2015 c 233 s 3; 2009 c 557 s 4; 1989 c 163 s 7; 1988 c 30 s 2.]

catchline: Certificate or registration required—Penalty.


title: RCW 81.70.230

text:
(1) Applications for certificates must be made to the commission in writing, verified under oath, and shall be in a form and contain information as the commission by regulation may require. Every application must be accompanied by a fee as the commission may prescribe by rule.
(2) A certificate must be issued to any applicant who establishes proof of safety fitness and insurance coverage under this chapter.
[ 2007 c 234 s 57; 1988 c 30 s 3.]

catchline: Certificates—Application, issuance.


title: RCW 81.70.240

text:
No certificate issued under this chapter or rights to conduct services under it may be leased, assigned, or otherwise transferred or encumbered, unless authorized by the commission.
[ 1988 c 30 s 4.]

catchline: Certificates—Transfer restricted.


title: RCW 81.70.250

text:
The commission may cancel, revoke, or suspend any certificate issued under this chapter on any of the following grounds:
(1) The violation of any of the provisions of this chapter;
(2) The violation of an order, decision, rule, regulation, or requirement established by the commission under this chapter;
(3) Failure of a charter party carrier or excursion service carrier of passengers to pay a fee, under this chapter, imposed on the carrier within the time required by law; or
(4) Failure of a charter party carrier or excursion service carrier to maintain required insurance coverage in full force and effect.
[ 2007 c 234 s 58; 1989 c 163 s 8; 1988 c 30 s 5.]

catchline: Certificates—Grounds for cancellation.


title: RCW 81.70.260

text:
(1) After the cancellation or revocation of a certificate or interstate registration or during the period of its suspension, it is unlawful for a charter party carrier or excursion service carrier of passengers to conduct any operations as such a carrier. For the purposes of this section, "conduct any operations" includes advertising or soliciting, offering, or entering into an agreement to provide such service. Each advertisement reproduced, broadcast, or displayed via a particular medium constitutes a separate violation under this chapter.
(2) Any person who conducts operations as a charter party carrier or excursion service carrier of passengers in violation of subsection (1) of this section is subject to a penalty of up to five thousand dollars per violation.
[ 2015 c 233 s 4; 1989 c 163 s 9; 1988 c 30 s 6.]

catchline: Unlawful operation after certificate or registration canceled, etc.—Penalty.


title: RCW 81.70.270

text:
It is the duty of the commission to regulate charter party carriers and excursion service carriers with respect to safety of equipment, driver qualifications, and safety of operations. The commission shall establish such rules and regulations and require such reports as are necessary to carry out the provisions of this chapter.
[ 1989 c 163 s 10; 1988 c 30 s 7.]

catchline: Scope of regulation.


title: RCW 81.70.280

text:
(1) In issuing certificates under this chapter, the commission shall require charter party carriers and excursion service carriers to procure and continue in effect during the life of the certificate, liability and property damage insurance from a company licensed to make liability insurance in the state of Washington or a surety bond of a company licensed to write surety bonds in the state of Washington on each motor-propelled vehicle used or to be used in transporting persons for compensation, in the following amounts:
(a) Not less than one hundred thousand dollars for any recovery for personal injury by one person; and
(b) Not less than three hundred thousand dollars for any vehicle having a capacity of sixteen passengers or less; and
(c) Not less than five hundred thousand dollars for any vehicle having a capacity of seventeen passengers or more for all receiving personal injury by at least one act of negligence; and
(d) Not less than fifty thousand dollars for damage to property of any person other than the insured.
(2) The commission shall fix the amount of the insurance policy or policies or security deposit by giving consideration to the character and amount of traffic, the number of persons affected, and the degree of danger which the proposed operation involves. The liability and property damage insurance or surety bond must be maintained in force on each motor-propelled vehicle while in use. Each policy for liability or property damage insurance or surety bond required by this section must be filed with the commission and kept in effect. Failure to file and maintain the required insurance is cause for the revocation of the certificate.
[ 2007 c 234 s 59; 1989 c 163 s 11; 1988 c 30 s 8.]

catchline: Insurance or bond for liability and property damage.


title: RCW 81.70.290

text:
A charter party carrier or excursion service carrier of passengers, authorized to transport persons for compensation on the highways and engaging in interstate, or interstate and intrastate, operations within the state of Washington which is or becomes qualified as a self-insurer with the federal motor carrier safety administration of the United States department of transportation in accordance with the United States interstate commerce act applicable to self-insurance by motor carriers, is exempt from RCW 81.70.280 relating to the carrying or filing of insurance policies or bonds in connection with carrier operations as long as the qualification remains effective.
The commission may require the charter party carrier or excursion service carrier to prove the existence and continuation of qualification with the federal motor carrier safety administration by affidavit in a form the commission may prescribe.
[ 2007 c 234 s 60; 1989 c 163 s 12; 1988 c 30 s 9.]


title: RCW 81.70.310

text:
All applicable provisions of this title relating to procedure, powers of the commission, and penalties shall apply to the operation and regulation of persons under this chapter, except as those provisions may conflict with the provisions of this chapter and rules and regulations issued thereunder by the commission.
[ 1988 c 30 s 11.]

catchline: Application of Title 81 RCW.


title: RCW 81.70.320

text:
(1) An application for a certificate, amendment of a certificate, or transfer of a certificate must be accompanied by a filing fee the commission may prescribe by rule. The fee must not exceed two hundred dollars.
(2) All fees paid to the commission under this chapter must be deposited in the state treasury to the credit of the public service revolving fund.
(3) It is the intent of the legislature that all fees collected under this chapter must reasonably approximate the cost of supervising and regulating charter party carriers and excursion service carriers subject thereto, and to that end the commission may decrease the schedule of fees provided for in RCW 81.70.350 by general order entered before March 1st of any year in which the commission determines that the moneys, then in the charter party carrier and excursion service carrier account of the public service revolving fund, and the fees currently owed will exceed the reasonable cost of supervising and regulating such carriers during the succeeding calendar year. Whenever the cost accounting records of the commission indicate that the schedule of fees previously reduced should be increased, the increase, not to exceed the schedule set forth in this chapter, may be effected by a similar general order entered before March 1st of any calendar year.
[ 2015 c 233 s 5; 2007 c 234 s 61; 1989 c 163 s 13; 1988 c 30 s 12.]

catchline: Fees—Amounts, deposit.


title: RCW 81.70.330

text:
(1) It is unlawful for a charter party carrier or excursion service carrier to operate a motor vehicle upon the highways of this state unless there is firmly affixed to both sides of the vehicle, the name of the carrier and the certificate or permit number of the carrier. The characters composing the identification must be of sufficient size to be clearly distinguishable at a distance of at least fifty feet from the vehicle.
(2) A charter party carrier or excursion service carrier holding both intrastate and interstate authority may identify its vehicles with either the commission permit number or the federal vehicle marking requirement established by the United States department of transportation for interstate motor carriers.
[ 2007 c 234 s 62; 1989 c 163 s 14; 1988 c 30 s 13.]

catchline: Vehicle identification.


title: RCW 81.70.340

text:
This chapter applies to persons and motor carriers engaged in interstate or foreign commerce to the full extent permitted by the Constitution and laws of the United States.
[ 2007 c 234 s 63; 1989 c 163 s 15; 1988 c 30 s 14.]

catchline: Application to interstate or foreign carriers.


title: RCW 81.70.350

text:
(1) The commission shall collect from each charter party carrier and excursion service carrier holding a certificate issued pursuant to this chapter and from each interstate or foreign carrier subject to this chapter an annual regulatory fee, to be established by the commission but which in total shall not exceed the cost of supervising and regulating such carriers, for each bus used by such carrier.
(2) The fee prescribed under this section is due and payable on or before May 1st of each year, to cover operations during the calendar year in which the fee is paid.
(3) Any payment of the fee imposed by this section made after its due date shall include a late fee of two percent of the amount due. Delinquent fees shall accrue interest at the rate of one percent per month.
[ 2015 c 233 s 6; 1994 c 83 s 3; 1989 c 163 s 16; 1988 c 30 s 15.]

catchline: Annual regulatory fee—Delinquent fee payments.


title: RCW 81.70.360

text:
No excursion service company may operate for the transportation of persons for compensation without first having obtained from the commission under the provisions of this chapter a certificate to do so. For the purposes of this section, "operate for the transportation of persons for compensation" includes advertising or soliciting, offering, or entering into an agreement to provide such service.
A certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able to properly perform the services proposed and conform to the provisions of this chapter and the rules of the commission adopted under this chapter, and that such operations will be consistent with the public interest. Any right, privilege, or certificate held, owned, or obtained by an excursion service company may be sold, assigned, leased, transferred, or inherited as other property only upon authorization by the commission. For good cause shown the commission may refuse to issue the certificate, or issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by the certificate such terms and conditions as, in its judgment, the public interest may require.
[ 2015 c 233 s 7; 1984 c 166 s 5. Formerly RCW 81.68.045.]


title: RCW 81.70.370

text:
It is unlawful for any motor carrier to perform a transportation service for compensation upon the public highways of this state without first having secured appropriate federal authority from the United States department of transportation, if such authority is required, and without first having registered with the commission either directly or through a federally authorized uniform registration program.
[ 2007 c 234 s 54.]