title: RCW 81.70.380

text:
(1)(a) A charter party carrier or excursion service carrier operating a party bus must determine whether alcoholic beverages will be served or consumed in the passenger compartment of the vehicle. If it is expected that alcoholic beverages will be served or consumed in the passenger compartment, the permit holder must have obtained the appropriate liquor permit, provided a copy of the permit to the charter party carrier or excursion service carrier in advance of the trip, and be on the vehicle or reasonably proximate and available to the vehicle during the transportation service. The company must maintain the copy of the permit required with the contract of carriage.
(b) If the charter party carrier or excursion service carrier operating a party bus is the permit holder, the carrier must have a person separate from the driver be responsible for the permit holder requirements in this section and either chapter 66.20 or 66.24 RCW.
(c) The permit holder must:
(i) Be on the party bus or reasonably proximate and available to the vehicle during the transportation service;
(ii) Monitor and control party activities in a manner to prevent the driver from being distracted by the party activities; and
(iii) Assume responsibility for compliance with the terms of the special permit, if a permit is required, including compliance with RCW 66.44.270 concerning the prohibition against furnishing liquor to minors.
(2) If at any time the charter party carrier or excursion service carrier operating a party bus believes that conditions aboard the vehicle are unsafe due to party activities involving alcohol, the carrier must remove all alcoholic beverages and lock them in the party bus trunk or other locked compartment. The carrier may cancel the trip and return the passengers to the place of origin.
(3) This section does not limit the right of a charter party carrier or excursion service carrier to prohibit the consumption of alcohol aboard the vehicle.
(4) This section does not limit the right of a permit holder to seek indemnity from any person, corporation, or other entity other than the charter party carrier or excursion service carrier.
(5) This section does not relieve a passenger of legal responsibility for his or her own conduct or the permit holder of legal responsibility for compliance with Title 66 RCW.
(6) Any charter party carrier or excursion service carrier in violation of this section is subject to a penalty of up to five thousand dollars per violation.
[ 2015 c 233 s 8.]

catchline: Party buses—Alcohol consumption requirements, penalty.


doc_type: statute

jurisdiction: wa

title: RCW 81.70.390

text:
(1) A charter party carrier or excursion service carrier may not knowingly allow any passenger to smoke aboard a motor vehicle regulated under this chapter.
(2) For the purposes of this section, "smoke" has the same meaning as defined in RCW 70.160.020.
[ 2015 c 233 s 9.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Passenger smoking on board prohibited.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 81.72.200

text:
The legislature finds and declares that privately operated taxicab transportation service is a vital part of the transportation system within the state and provides demand-responsive services to state residents, tourists, and out-of-state business people. Consequently, the safety, reliability, and economic viability and stability of privately operated taxicab transportation service are matters of statewide importance. The regulation of privately operated taxicab transportation services is thus an essential governmental function. Therefore, it is the intent of the legislature to permit political subdivisions of the state to regulate taxicab transportation services without liability under federal antitrust laws.
[ 1984 c 126 s 1.]

catchline: Legislative intent.


title: RCW 81.72.210

text:
To protect the public health, safety, and welfare, cities, towns, counties, and port districts of the state may license, control, and regulate privately operated taxicab transportation services operating within their respective jurisdictions. The power to regulate includes:
(1) Regulating entry into the business of providing taxicab transportation services;
(2) Requiring a license to be purchased as a condition of operating a taxicab and the right to revoke, cancel, or refuse to reissue a license for failure to comply with regulatory requirements;
(3) Controlling the rates charged for providing taxicab transportation service and the manner in which rates are calculated and collected, including the establishment of zones as the basis for rates;
(4) Regulating the routes of taxicabs, including restricting access to airports;
(5) Establishing safety, equipment, and insurance requirements; and
(6) Any other requirements adopted to ensure safe and reliable taxicab service.
[ 1984 c 126 s 2.]

catchline: Local regulatory powers listed.


title: RCW 81.72.220

text:
A city, town, county, or port district may enter into cooperative agreements with any other city, town, county, or port district for the joint regulation of taxicabs. Cooperative agreements may provide for, but are not limited to, the granting, revocation, and suspension of joint taxicab licenses.
[ 1984 c 126 s 3.]


title: RCW 81.72.240

text:
(1) Any city, town, county, or port district setting the rates charged for taxicab services under this chapter must adjust rates to accommodate changes in the cost of industrial insurance or in other industry-wide costs.
(2) Any business that as owner leases a taxicab licensed under this chapter to a for hire operator must make a reasonable effort to train the for hire operator in motor vehicle operation and safety requirements and monitor operator compliance. Monitoring operator compliance may include the use of vehicle operator monitoring cameras.
[ 2011 c 190 s 8.]
Notes:
Effective date—2011 c 190: See note following RCW 51.12.185.

catchline: Rate adjustments—Industrial insurance, other costs—Requirement to train for hire operator.


title: RCW 81.75.010

text:
It is desirable to a transportation system that convenient and comfortable terminals be established and maintained with the services of all modes of public transportation available to the public at such a center to the extent feasible. It is proper that cities, towns, counties, public transportation benefit area authorities, and municipal corporations of this state be authorized to own and operate transportation centers.
[ 1977 ex.s. c 217 s 1.]

catchline: Authorization to own and operate—Purpose.


title: RCW 81.75.020

text:
Through its council or other legislative body, any city, town, county, public transportation benefit area authority, or other municipal corporation, authorized to operate public transportation services, may construct or otherwise acquire intermodal transportation centers by donation, lease, or purchase and may operate or let for purposes of leasing space at fair market value for the services set forth in RCW 81.75.030, and to perform other functions permitted by law, the centers or portions of the centers, for public or private purposes or for compensation or rental upon such conditions as its council or other legislative body shall from time to time prescribe. The city, town, county, public transportation benefit area authority, or municipal corporation, may apply for and receive grants from the federal government for purposes of funding a transportation center and may consolidate a transportation center with other lawful city or town activities.
[ 1977 ex.s. c 217 s 2.]

catchline: Method of acquisition and operation prescribed—Grants—Consolidation of activities.


title: RCW 81.75.030

text:
To the extent feasible, the services available to the public at any transportation center may include taxi, auto rental, passenger trains, motor buses, travel agents, restrooms, food, telegraph, baggage handling, transfer and delivery of light freight and packages, commercial airlines, air charter, place of temporary rest for citizens and travelers (but not overnight), mail, private auto parking for users of public transportation through the transportation center, local transit, limousine, and any other use necessary to the foregoing.
Any city, town, county, public transportation benefit area authority, or municipal corporation, which elects to operate a transportation center shall operate the center for the general public good. The operator may establish the terms of usage for the various modes of transportation and for others that utilize its facilities, may make reasonable rules concerning public and private use, and may exclude all persons therefrom who refuse to comply with the terms or rules of use. The operator may own, operate, maintain, and manage a transportation center, but shall not engage in providing a transportation or other related service at the center unless otherwise authorized by law.
[ 1977 ex.s. c 217 s 3.]

catchline: Services available—Terms of usage.


title: RCW 81.77.010

text:
As used in this chapter:
(1) "Common carrier" means any person who collects and transports solid waste for disposal by motor vehicle for compensation, whether over regular or irregular routes, or by regular or irregular schedules;
(2) "Contract carrier" means all solid waste transporters not included under the terms "common carrier" and "private carrier," as defined in this section, and further, includes any person who under special and individual contracts or agreements transports solid waste by motor vehicle for compensation;
(3) When the phrase "garbage and refuse" is used as a qualifying phrase or otherwise, it means "solid waste";
(4) "Motor vehicle" means any truck, trailer, semitrailer, tractor, or any self-propelled or motor-driven vehicle used upon any public highway of this state for the purpose of transporting solid waste, for the collection or disposal, or both, of solid waste;
(5) "Private carrier" means a person who, in his or her own vehicle, transports solid waste purely as an incidental adjunct to some other established private business owned or operated by the person in good faith. A person who transports solid waste from residential sources in a vehicle designed or used primarily for the transport of solid waste is not a private carrier;
(6) "Public highway" means every street, road, or highway in this state;
(7) "Solid waste" means the same as defined under RCW 70A.205.015, except for the purposes of this chapter solid waste does not include recyclable materials except for source separated recyclable materials collected from residences;
(8) "Solid waste collection" does not include collecting or transporting recyclable materials from a drop-box or recycling buy-back center, or collecting or transporting recyclable materials by or on behalf of a commercial or industrial generator of recyclable materials to a recycler for use or reclamation. Transportation of these materials is regulated under chapter 81.80 RCW;
(9) "Solid waste collection company" means every person or his or her lessees, receivers, or trustees, owning, controlling, operating, or managing vehicles used in the business of transporting solid waste for collection or disposal, or both, for compensation, except septic tank pumpers, over any public highway in this state as a "common carrier" or as a "contract carrier"; and
(10) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any solid waste is or may be transported or drawn upon a public highway, except devices moved by human or animal power or used exclusively upon stationary rail or tracks.
[ 2020 c 20 s 1466; 2007 c 234 s 65; 1989 c 431 s 17; 1961 c 295 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

catchline: Definitions.


title: RCW 81.77.020

text:
No person, his or her lessees, receivers, or trustees, shall engage in the business of operating as a solid waste collection company in this state, except in accordance with the provisions of this chapter: PROVIDED, That the provisions of this chapter shall not apply to the operations of any solid waste collection company under a contract of solid waste disposal with any city or town, nor to any city or town which itself undertakes the disposal of solid waste.
[ 2013 c 23 s 307; 1989 c 431 s 18; 1961 c 295 s 3.]

catchline: Compliance with chapter required—Exemption for cities.


title: RCW 81.77.0201

text:
A city, town, or combined city-county may at any time reverse its decision to exercise its authority under RCW 81.77.020. In such an event, the commission shall issue a certificate to the last holder of a valid commission certificate of public convenience and necessity, or its successors or assigns, for the area reverting to commission jurisdiction. If there was no certificate existing for the area, or the previous holder was compensated for its certificate property right, the commission shall consider applications for authority under RCW 81.77.040.
[ 1997 c 171 s 4.]
Notes:
Severability—1997 c 171: See note following RCW 35.02.160.

catchline: Jurisdiction of commission upon discontinuation of jurisdiction by municipality.


title: RCW 81.77.030

text:
(1) The commission shall supervise and regulate every solid waste collection company in this state:
(a) By fixing and altering its rates, charges, classifications, rules and regulations;
(b) By regulating the accounts, service, and safety of operations;
(c) By requiring the filing of annual and other reports and data;
(d) By supervising and regulating such persons or companies in all other matters affecting the relationship between them and the public which they serve;
(e) By requiring compliance with local solid waste management plans and related implementation ordinances;
(f) By reviewing producer responsibility organization reimbursement of regulated service providers consistent with the requirements of chapter 70A.208 RCW;
(g) By requiring certificate holders under this chapter to use rate structures and billing systems consistent with the solid waste management priorities set forth under RCW 70A.205.005 and the minimum levels of solid waste collection and recycling services pursuant to local comprehensive solid waste management plans. The commission may order consolidated billing and provide for reasonable and necessary expenses to be paid to the administering company if more than one certificate is granted in an area; and
(h) By requiring certificate holders under this chapter to deliver covered materials only to responsible markets, as those terms are defined in RCW 70A.208.020.
(2) The commission, on complaint made on its own motion or by an aggrieved party, at any time, after providing the holder of any certificate with notice and an opportunity for a hearing at which it shall be proven that the holder has willfully violated or refused to observe any of the commission's orders, rules, or regulations, or has failed to operate as a solid waste collection company for a period of at least one year preceding the filing of the complaint, may suspend, revoke, alter, or amend any certificate issued under the provisions of this chapter.
[ 2025 c 316 s 203; 2020 c 20 s 1467; 2005 c 121 s 5; 1989 c 431 s 20; 1987 c 239 s 1; 1965 ex.s. c 105 s 1; 1961 c 295 s 4.]

catchline: Supervision and regulation by commission.


title: RCW 81.77.040

text:
A solid waste collection company shall not operate for the hauling of solid waste for compensation without first having obtained from the commission a certificate declaring that public convenience and necessity require such operation. Operating for the hauling of solid waste for compensation includes advertising, soliciting, offering, or entering into an agreement to provide that service. To operate a solid waste collection company in the unincorporated areas of a county, the company must comply with the solid waste management plan prepared under chapter 70A.205 RCW in the company's franchise area.
Issuance of the certificate of necessity must be determined on, but not limited to, the following factors: The present service and the cost thereof for the contemplated area to be served; an estimate of the cost of the facilities to be utilized in the plant for solid waste collection and disposal, set out in an affidavit or declaration; a statement of the assets on hand of the person, firm, association, or corporation that will be expended on the purported plant for solid waste collection and disposal, set out in an affidavit or declaration; a statement of prior experience, if any, in such field by the petitioner, set out in an affidavit or declaration; and sentiment in the community contemplated to be served as to the necessity for such a service.
When an applicant requests a certificate to operate in a territory already served by a certificate holder under this chapter, the commission may, after notice and an opportunity for a hearing, issue the certificate only if the existing solid waste collection company or companies serving the territory will not provide service to the satisfaction of the commission or if the existing solid waste collection company does not object.
In all other cases, the commission may, with or without hearing, issue certificates, or for good cause shown refuse to issue them, or issue them for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted such terms and conditions as, in its judgment, the public convenience and necessity may require.
Any right, privilege, certificate held, owned, or obtained by a solid waste collection company may be sold, assigned, leased, transferred, or inherited as other property, only if authorized by the commission.
For purposes of issuing certificates under this chapter, the commission may adopt categories of solid wastes as follows: Garbage, refuse, recyclable materials, and demolition debris. A certificate may be issued for one or more categories of solid waste. Certificates issued on or before July 23, 1989, shall not be expanded or restricted by operation of this chapter.
[ 2020 c 20 s 1468; 2010 c 24 s 1; 2007 c 234 s 66; 2005 c 121 s 6; 1989 c 431 s 21; 1987 c 239 s 2; 1961 c 295 s 5.]
Notes:
Effective date—2010 c 24: "This act takes effect July 1, 2010." [ 2010 c 24 s 3.]

catchline: Certificate of convenience and necessity required—Issuance—Transferability—Solid waste categories.


title: RCW 81.77.050

text:
Any application for a certificate issued under this chapter or amendment thereof, or application to sell, lease, mortgage, or transfer a certificate issued under this chapter or any interest therein, shall be accompanied by such filing fee as the commission may prescribe by rule: PROVIDED, That such fee shall not exceed two hundred dollars.
[ 1989 c 431 s 22; 1973 c 115 s 9; 1961 c 295 s 6.]

catchline: Filing fees.


title: RCW 81.77.060

text:
The commission, in granting certificates to operate a solid waste collection company, 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 or a surety bond of a company licensed to write surety bonds in the state, on each motor propelled vehicle used or to be used in transporting solid waste for compensation in the amount of not less than twenty-five thousand dollars for any recovery for personal injury by one person, and not less than ten thousand dollars and in such additional amount as the commission shall determine, for all persons receiving personal injury by reason of one act of negligence, and not less than ten thousand dollars for damage to property of any person other than the assured, and to maintain such liability and property damage insurance or surety bond in force on each motor propelled vehicle while so used. Each policy for liability or property damage insurance or surety bond required herein shall be filed with the commission and kept in full force and effect and failure so to do shall be cause for revocation of the delinquent's certificate.
[ 1989 c 431 s 23; 1961 c 295 s 7.]

catchline: Liability and property damage insurance—Surety bond.


title: RCW 81.77.080

text:
Every solid waste collection company shall, on or before the date specified by the commission for filing annual reports under RCW 81.04.080, file with the commission a statement on oath showing its gross operating revenue from intrastate operations for the preceding calendar year, or portion thereof, and pay to the commission a fee equal to one percent of the amount of gross operating revenue: PROVIDED, That the commission may, by rule, set minimum fees that do not exceed the cost of collecting the fees. The commission may by rule waive any or all of the minimum fee established pursuant to this section.
It is the intent of the legislature that the fees collected under the provisions of this chapter shall reasonably approximate the cost of supervising and regulating motor carriers subject thereto, and to that end the utilities and transportation commission is authorized to decrease the schedule of fees provided in this section by general order entered before March 1st of any year in which it determines that the moneys then in the solid waste collection companies account of the public service revolving fund and the fees currently to be paid will exceed the reasonable cost of supervising and regulating such carriers.
All fees collected under this section or under any other provision of this chapter shall be paid to the commission and shall be by it transmitted to the state treasurer within thirty days to be deposited to the credit of the public service revolving fund.
[ 2003 c 296 s 5; 1989 c 431 s 24; 1971 ex.s. c 143 s 3; 1969 ex.s. c 210 s 11; 1963 c 59 s 12; 1961 c 295 s 9.]

catchline: Companies to file reports of gross operating revenue and pay fees—Legislative intent—Disposition of revenue.


title: RCW 81.77.090

text:
(1) Every 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, or comply with any order, decision, rule, regulation, direction, demand, or requirement of the commission, or any part or provision thereof, is guilty of a gross misdemeanor.
(2) Each advertisement reproduced, broadcast, or displayed via a particular medium constitutes a separate violation under this chapter.
[ 2010 c 24 s 2; 1961 c 295 s 10.]
Notes:
Effective date—2010 c 24: See note following RCW 81.77.040.

catchline: Penalty.


title: RCW 81.77.100

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.
To protect public health and safety and to ensure solid waste collection services are provided to all areas of the state, the commission, in accordance with this chapter, shall regulate all solid waste collection companies conducting business in the state.
[ 2007 c 234 s 67; 1989 c 431 s 25; 1985 c 436 s 2; 1961 c 295 s 11.]

catchline: Application to foreign or interstate commerce—Regulation of solid waste collection companies.


title: RCW 81.77.110

text:
The commission may with or without a hearing issue temporary certificates to engage in the business of operating a solid waste collection company, but only after it finds that the issuance of such temporary certificate is consistent with the public interest. Such temporary certificate may be issued for a period up to one hundred eighty days where the area or territory covered thereby is not contained in the certificate of any other solid waste collection company. In all other cases such temporary certificate may be issued for a period not to exceed one hundred twenty days. The commission may prescribe such special rules and regulations and impose such special terms and conditions with reference thereto as in its judgment are reasonable and necessary in carrying out the provisions of this chapter. The commission shall collect a fee of twenty-five dollars for an application for such temporary certificate.
[ 1989 c 431 s 26; 1965 ex.s. c 105 s 2.]

catchline: Temporary certificates.


title: RCW 81.77.120

text:
A county legislative authority shall periodically comment to the commission in writing concerning the authority's perception of the adequacy of service being provided by regulated franchisees serving the unincorporated areas of the county. The county legislative authority shall also receive and forward to the commission all letters of comment on services provided by regulated franchise holder(s) serving unincorporated areas of the county. Any such written comments or letters shall become part of the record of any rate, compliance, or any other hearing held by the commission on the issuance, revocation, or reissuance of a certificate provided for in RCW 81.77.040.
[ 1987 c 239 s 3.]

catchline: Service to unincorporated areas of counties.


title: RCW 81.77.130

text:
The provisions of chapter 81.77 RCW shall not apply to the collection or transportation of source separated recyclable materials from residences under a contract with any county, city, or town, nor to any city or town which itself undertakes the collection and transportation of source separated recyclable materials from residences.
[ 1989 c 431 s 19.]

catchline: Application of chapter to collection or transportation of source separated recyclable materials.


title: RCW 81.77.140

text:
Nothing in this chapter shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation.
[ 1989 c 431 s 31.]

catchline: Application of chapter—Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation.


title: RCW 81.77.160

text:
(1) The commission, in fixing and altering collection rates charged by every solid waste collection company under this section, shall include in the base for the collection rates:
(a) All charges for the disposal of solid waste at the facility or facilities designated by a local jurisdiction under a local comprehensive solid waste management plan or ordinance;
(b) All known and measurable costs related to implementation of the approved county or city comprehensive solid waste management plan; and
(c) All costs related to the implementation of curbside recycling collection services performed by a solid waste collection company consistent with chapter 70A.208 RCW.
(2) If a solid waste collection company files a tariff to recover the costs specified under this section, and the commission suspends the tariff, the portion of the tariff covering costs specified in this section shall be placed in effect by the commission at the request of the company on an interim basis as of the originally filed effective date, subject to refund, pending the commission's final order. The commission may adopt rules to implement this section.
(3) This section applies to a solid waste collection company that has an affiliated interest under chapter 81.16 RCW with a facility, if the total cost of disposal, including waste transfer, transport, and disposal charges, at the facility is equal to or lower than any other reasonable and currently available option.
[ 2025 c 316 s 204; 1997 c 434 s 1; 1989 c 431 s 30.]

catchline: Pass-through rates—Rules.


title: RCW 81.77.170

text:
For rate-making purposes, a fee, charge, or tax on the collection or disposal of solid waste is considered a normal operating expense of the solid waste collection company, including all taxes and fees imposed or increased under chapter 44, Laws of 2015 3rd sp. sess. Filing for pass-through of any such fee, charge, or tax is not considered a general rate proceeding.
[ 2015 3rd sp.s. c 44 s 424; 1989 c 431 s 36.]
Notes:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.

catchline: Fees, charges, or taxes—Normal operating expense.


title: RCW 81.77.180

text:
(1) A solid waste collection company collecting recyclable materials from residences shall utilize one or more private recycling businesses when arranging for the processing and marketing of such materials, if the following conditions are met:
(a) A recycling business is located within the county at the time the collection program commences or at any time that the solid waste collection company changes its existing processor;
(b) A local private recycling business is capable and competent to provide the processing and marketing service; and
(c) A local private recycling business offers to pay a price for the recyclable materials which is equal to or greater than the price offered by out-of-county private recyclers, or proposes a charge for the processing and marketing service which is equal to or less than the charge for the service available from an out-of-county private recycler.
(2) This section shall not apply to:
(a) Cities or towns who exercise their authority under RCW 81.77.130 to provide residential curbside collection of recyclable materials;
(b) A solid waste collection company that is directed by a city, town, or county to utilize a publicly owned recyclable processing facility located within such city, town, or county; or
(c) Counties which exercise their authority under RCW 36.58.040 to contract for the residential curbside collection of source separated recyclables.
This section shall not apply to programs for the collection of source separated recyclable materials where rates to implement the programs have been filed with the commission prior to May 21, 1991.
(3) For the purposes of this section, "private recycling business" means any private for-profit or private not-for-profit firm that engages in the processing and marketing of recyclable materials.
(4) This section is not enforceable by complaint filed with the commission.
[ 1991 c 319 s 403.]

catchline: Recyclable materials collection—Processing and marketing.


title: RCW 81.77.185

text:
(1) The commission shall allow solid waste collection companies collecting recyclable materials other than covered materials collected under an approved plan in chapter 70A.208 RCW to retain up to 50 percent of the revenue paid to the companies for the material if the companies submit a plan to the commission that is certified by the appropriate local government authority as being consistent with the local government solid waste plan and that demonstrates how the revenues will be used to increase recycling. The remaining revenue shall be passed to residential customers.
(2) By December 2, 2005, the commission shall provide a report to the legislature that evaluates:
(a) The effectiveness of revenue sharing as an incentive to increase recycling in the state; and
(b) The effect of revenue sharing on costs to customers.
[ 2025 c 316 s 205; 2010 c 154 s 3; 2002 c 299 s 6.]
Notes:
Intent—Scope of authority—2010 c 154: See notes following RCW 70A.205.040.

catchline: Recyclable materials collection—Revenue sharing—Report.


title: RCW 81.77.190

text:
(1) If the commission authorizes a surcharge or reduced rate incentive based on a customer's participation in a company's curbside residential recycling program, customers participating in any other noncurbside recycling program approved by the jurisdiction shall be eligible for such incentives.
(2) For the purpose of this section, "reduced rate" means a residential solid waste collection rate incorporating a rebate, refund, or discount. It does not include any residential solid waste collection rate based on the volume or weight of solid waste set out for collection.
[ 1991 c 319 s 406.]

catchline: Curbside recycling—Reduced rate.


title: RCW 81.77.195

text:
Upon request of a county, the commission may approve rates, charges, or services at a discount for low-income senior customers and low-income customers, as adopted by the county in its comprehensive solid waste management plan. Expenses and lost revenues as a result of these discounts must be included in the company's cost of service and recovered in rates to other customers.
[ 2010 c 154 s 4.]
Notes:
Intent—Scope of authority—2010 c 154: See notes following RCW 70A.205.040.

catchline: Discounts for low-income customers.


title: RCW 81.77.200

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 64.]

catchline: Federal authority and registration for compensatory services.


title: RCW 81.77.210

text:
Records, subject to chapter 42.56 RCW, filed with the commission or the attorney general from any person that contain valuable commercial information, including trade secrets or confidential marketing, cost, or financial information, or customer-specific usage information, are not subject to inspection or copying under chapter 42.56 RCW: (1) Until notice to the person or persons directly affected has been given; and (2) if, within ten days of the notice, the person has obtained a superior court order protecting the records as confidential. The court must determine that the records are confidential and not subject to inspection and copying if disclosure is likely to result in private loss, including an unfair competitive disadvantage, and is not necessary for further public review and comment on the appropriate allocation of costs and revenues. When providing information to the commission or the attorney general, a person shall designate which records or portions of records contain valuable commercial information. Nothing in this section prevents the use of protective orders by the commission governing disclosure of proprietary or confidential information in contested proceedings.
[ 2014 c 170 s 1.]

catchline: Protection of records containing commercial information.


title: RCW 81.80.010

text:
The definitions set forth in this section apply throughout this chapter.
(1) "Common carrier" means any person who undertakes to transport property for the general public by motor vehicle for compensation, whether over regular or irregular routes, or regular or irregular schedules, including motor vehicle operations of other carriers by rail or water and of express or forwarding companies. "Common carrier" does not include a personal delivery device or a personal delivery device operator as those terms are defined in RCW 46.75.010.
(2) "Contract carrier" includes all motor vehicle operators not included under the terms "common carrier" and "private carrier" as defined in this section, and further includes any person who under special and individual contracts or agreements transports property by motor vehicle for compensation.
(3) "Common carrier" and "contract carrier" includes persons engaged in the business of providing, contracting for, or undertaking to provide transportation of property for compensation over the public highways of the state of Washington as brokers or forwarders.
(4) "Exempt carrier" means any person operating a vehicle exempted under RCW 81.80.040.
(5) "Household goods carrier" means a person who transports for compensation, by motor vehicle within this state, or who advertises, solicits, offers, or enters into an agreement to transport household goods as defined by the commission.
(6) "Motor carrier" includes "common carrier," "contract carrier," "private carrier," and "exempt carrier" as defined in this section.
(7) "Motor vehicle" means any truck, trailer, semitrailer, tractor, dump truck which uses a hydraulic or mechanical device to dump or discharge its load, or any self-propelled or motor-driven vehicle used upon any public highway of this state for the purpose of transporting property, but not including baggage, mail, and express transported on the vehicles of auto transportation companies carrying passengers.
(8) "Person" includes an individual, firm, copartnership, corporation, company, or association or their lessees, trustees, or receivers.
(9) A "private carrier" is a person who transports by his or her own motor vehicle, with or without compensation, property which is owned or is being bought or sold by the person, or property where the person is the seller, purchaser, lessee, or bailee and the transportation is incidental to and in furtherance of some other primary business conducted by the person in good faith.
(10) "Public highway" means every street, road, or highway in this state.
(11) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human or animal power or used exclusively upon stationary rail or tracks.
[ 2019 c 214 s 20. Prior: 2009 c 94 s 1; 2007 c 234 s 68; 1989 c 60 s 1; 1988 c 31 s 1; 1982 c 71 s 1; 1967 c 69 s 1; 1961 c 14 s 81.80.010; prior: 1937 c 166 s 2; 1935 c 184 s 2; RRS s 6382-2.]
Notes:
Effective date—2019 c 214: See note following RCW 46.75.010.
Severability—1982 c 71: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1982 c 71 s 5.]
Severability—1967 c 69: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1967 c 69 s 4.]

catchline: Definitions.


title: RCW 81.80.020

text:
The business of operating as a motor carrier of freight for compensation along the highways of this state is declared to be a business affected with a public interest. The rapid increase of motor carrier freight traffic and the fact that under the existing law many motor trucks are not effectively regulated have increased the dangers and hazards on public highways and make it imperative that regulation to the fullest extent allowed under 49 U.S.C. Sec. 14501 should be employed to the end that the highways may be rendered safer for the use of the general public; that the wear of such highways may be reduced; that congestion on highways may be minimized; that the shippers of the state may be provided with a stabilized service and rate structure; that sound economic conditions in such transportation and among such carriers may be fostered in the public interest; that adequate, economical, and efficient service by motor carriers, and reasonable charges therefor, without unjust discrimination, undue preferences or advantages, or unfair or destructive competitive practices may be promoted; that the common carriage of commodities by motor carrier may be preserved in the public interest; that the relations between, and transportation by and regulation of, motor carriers and other carriers may be improved and coordinated so that the highways of the state of Washington may be properly developed and preserved, and the public may be assured adequate, complete, dependable, and stable transportation service in all its phases.
[ 2007 c 234 s 69; 1961 c 14 s 81.80.020. Prior: 1937 c 166 s 1; 1935 c 184 s 1; RRS s 6382-1.]

catchline: Declaration of policy.


title: RCW 81.80.040

text:
(1) The provisions of this chapter, except where specifically otherwise provided, and except the provisions providing for licenses, shall not apply to:
(a) Motor vehicles when operated in transportation exclusively within the corporate limits of any city or town of less than ten thousand population unless contiguous to a city or town of ten thousand population or over, nor between contiguous cities or towns both or all of which are less than ten thousand population;
(b) Motor vehicles when operated in transportation wholly within the corporate limits of cities or towns of ten thousand or more but less than thirty thousand population, or between such cities or towns when contiguous, as to which the commission, after investigation and the issuance of an order thereon, has determined that no substantial public interest exists which requires that such transportation be subject to regulation under this chapter;
(c) Motor vehicles when transporting exclusively the United States mail or in the transportation of newspapers or periodicals;
(d) Motor vehicles owned and operated by the United States, the state of Washington, or any county, city, town, or municipality therein, or by any department of them, or either of them;
(e) Motor vehicles specially constructed for towing not more than two disabled, unauthorized, or repossessed motor vehicles, wrecking, or exchanging an operable vehicle for a disabled vehicle and not otherwise used in transporting goods for compensation. For the purposes of this subsection (1)(e), a vehicle is considered to be repossessed only from the time of its actual repossession through the end of its initial tow;
(f) Motor vehicles normally owned and operated by farmers in the transportation of their own farm, orchard, or dairy products, including livestock and plant or animal wastes, from point of production to market, or in the infrequent or seasonal transportation by one farmer for another farmer, if their farms are located within twenty miles of each other, of products of the farm, orchard, or dairy, including livestock and plant or animal wastes, or of supplies or commodities to be used on the farm, orchard, or dairy;
(g) Motor vehicles when transporting exclusively water in connection with construction projects only;
(h) Motor vehicles of less than 8,000 pounds gross vehicle weight when transporting exclusively legal documents, pleadings, process, correspondence, depositions, briefs, medical records, photographs, books or papers, cash or checks, when moving shipments of the documents described at the direction of an attorney as part of providing legal services.
(2) The exemptions set forth in subsection (1)(a) and (b) of this section do not apply to household goods carriers.
[ 2009 c 94 s 2; 1993 c 121 s 4; 1984 c 171 s 1; 1979 ex.s. c 6 s 1; 1963 c 59 s 7; 1961 c 14 s 81.80.040. Prior: 1957 c 205 s 4; 1949 c 133 s 1; 1947 c 263 s 1; 1937 c 166 s 4; 1935 c 184 s 3; Rem. Supp. 1949 s 6382-3.]

catchline: Exempt vehicles.


title: RCW 81.80.045

text:
This chapter does not apply to the operations of a shipper or a group or association of shippers in consolidating or distributing freight for themselves or for their members on a nonprofit basis for the purpose of securing the benefits of carload, truckload, or other volume rates, when the services of a common carrier are used for the transportation of such shipments.
[ 2007 c 234 s 70; 1979 ex.s. c 138 s 1.]

catchline: Exemption—Freight consolidators.


title: RCW 81.80.050

text:
It shall be unlawful for any person to operate as a "motor carrier" on any public highway of this state except in accordance with the provisions of this chapter.
[ 1961 c 14 s 81.80.050. Prior: 1935 c 184 s 4; RRS s 6382-4.]

catchline: Compliance required.


title: RCW 81.80.060

text:
Every person who engages for compensation to perform a combination of services, a substantial portion of which includes transportation of property of others upon the public highways, is subject to the jurisdiction of the commission as to such transportation and shall not engage in such transportation without first having obtained a common carrier or contract carrier permit to do so. A combination of services includes, but is not limited to, the delivery of household appliances for others where the delivering carrier also unpacks or uncrates the appliances and makes the initial installation. Any person engaged in extracting or processing, or both, and, in connection therewith, hauling materials exclusively for the maintenance, construction, or improvement of a public highway is not engaged in performing a combination of services.
[ 2007 c 234 s 71; 1969 ex.s. c 210 s 17; 1969 c 33 s 1. Prior: 1967 ex.s. c 145 s 77; 1967 c 69 s 2; 1965 ex.s. c 170 s 40; 1961 c 14 s 81.80.060; prior: 1937 c 166 s 5; RRS s 6382-4a.]
Notes:
Severability—1967 c 69: See note following RCW 81.80.010.

catchline: Combination of services.


title: RCW 81.80.070

text:
(1) A common carrier, contract carrier, or temporary carrier shall not operate for the transportation of property for compensation in this state without first obtaining from the commission a permit for such operation.
(2) The commission shall issue a common carrier permit to any qualified applicant if it is found the applicant is fit, willing, and able to perform the service and conform to the provisions of this chapter and the rules and regulations of the commission.
(3) Before a permit is issued, the commission shall require the applicant to establish safety fitness and proof of minimum financial responsibility as provided in this chapter.
[ 2009 c 94 s 3; 2007 c 234 s 72; 1999 c 79 s 1; 1963 c 242 s 1; 1961 c 14 s 81.80.070. Prior: 1953 c 95 s 17; 1947 c 264 s 2; 1941 c 163 s 1; 1937 c 166 s 6; 1935 c 184 s 5; Rem. Supp. 1947 s 6382-5.]

catchline: Common carriers, contract carriers, and temporary carriers—Permit required.


title: RCW 81.80.075

text:
(1) No person shall engage in business as a household goods carrier without first obtaining a household goods carrier permit from the commission.
(2) Permits issued to any household goods carrier must be exercised by the carrier to the fullest extent to render reasonable service to the public. Applications for household goods carrier permits or permit extensions must be on file for a period of at least thirty days before issuance unless the commission finds that special conditions require earlier issuance.
(3) The commission must issue a permit or permit extension to any qualified applicant, 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 perform the services proposed and conform to this chapter and the requirements, rules, and regulations of the commission; the operations are consistent with the public interest; and, in the case of common carriers, they are required by the present or future public convenience and necessity; otherwise, the application must be denied.
(4) Any person who engages in business as a household goods carrier in violation of subsection (1) of this section is subject to a penalty of up to five thousand dollars per violation.
(a) If the basis for the violation is advertising, each advertisement reproduced, broadcast, or displayed via a particular medium constitutes a separate violation.
(b) In deciding the amount of penalty to be imposed per violation, the commission shall consider the following factors:
(i) The carrier's willingness to comply with the requirements of RCW 81.80.070 and the commission's rules under this chapter; and
(ii) The carrier's history with respect to compliance with this section.
(5) Any person who engages in business as a household goods carrier in violation of a cease and desist order issued by the commission under RCW 81.04.510 is subject to a penalty of up to ten thousand dollars per violation.
[ 2009 c 94 s 4.]

catchline: Household goods carriers—Permit required, penalty, cease and desist orders.


title: RCW 81.80.080

text:
Application for permits must be made to the commission in writing and must state the ownership, financial condition, equipment to be used and physical property of the applicant, the territory or route or routes in or over which the applicant proposes to operate, the nature of the transportation to be engaged in, and other information as the commission may require.
[ 2007 c 234 s 73; 1991 c 41 s 1; 1961 c 14 s 81.80.080. Prior: 1935 c 184 s 6; RRS s 6382-6.]

catchline: Application for permit.


title: RCW 81.80.090

text:
The commission shall prescribe forms of application for permits and for extensions thereof for the use of prospective applicants, and for transfer of permits and for acquisition of control of carriers holding permits, and shall make regulations for the filing thereof. Any such application shall be accompanied by such filing fee as the commission may prescribe by rule: PROVIDED, That such fee shall not exceed five hundred fifty dollars.
[ 1993 c 97 s 5; 1973 c 115 s 10; 1961 c 14 s 81.80.090. Prior: 1941 c 163 s 2; 1937 c 166 s 7; 1935 c 184 s 7; RRS s 6382-7.]

catchline: Form of application—Filing fees.


title: RCW 81.80.100

text:
Permits granted by the commission shall be in such form as the commission shall prescribe and shall set forth the name and address of the person to whom the permit is granted, the nature of the transportation service to be engaged in and the principal place of operation, termini or route to be used or territory to be served by the operation. No permit holder shall operate except in accordance with the permit issued to him or her.
[ 2013 c 23 s 308; 1961 c 14 s 81.80.100. Prior: 1935 c 194 s 8; RRS s 6382-8.]

catchline: Form and contents of permit.


title: RCW 81.80.110

text:
No person whose application for a permit has been denied after hearing under any of the provisions of this chapter shall be eligible to renew the application for a period of six months from the date of the order denying such application.
[ 1961 c 14 s 81.80.110. Prior: 1947 c 264 s 3; 1935 c 184 s 9; Rem. Supp. 1947 s 6382-9.]

catchline: Limitation on renewal of application.


title: RCW 81.80.115

text:
If a person seeks to contest the imposition of a fee imposed under this chapter, the person shall pay the fee and request a refund within six months of the due date for the payment by filing a petition for a refund with the commission. The commission shall establish by rule procedures for handling refund petitions and may delegate the decisions on refund petitions to the secretary of the commission.
[ 1993 c 97 s 6.]

catchline: Fees imposed under this chapter—Procedure for contesting—Rules.


title: RCW 81.80.120

text:
The commission may from time to time establish such just and reasonable classifications of the groups of carriers included in the terms "common carriers" and "contract carriers" as the special nature of the services performed by such carriers shall require, and such just and reasonable rules, regulations and requirements, consistent with the provisions of this chapter, to be observed by the carriers so classified or grouped, as the commission deems necessary or advisable in the public interest.
[ 1961 c 14 s 81.80.120. Prior: 1937 c 166 s 8; 1935 c 184 s 10; RRS s 6382-10.]

catchline: Classification of carriers.


title: RCW 81.80.130

text:
To the extent allowed under 49 U.S.C. Sec. 14501, the commission shall: Supervise and regulate every common carrier in this state; make, fix, alter, and amend, just, fair, reasonable, minimum, maximum, or minimum and maximum, rates, charges, classifications, rules, and regulations for all common carriers; regulate the accounts, service, and safety of operations thereof; require the filing of reports and other data thereby; and supervise and regulate all common carriers in all other matters affecting their relationship with competing carriers of every kind and the shipping and general public. The commission may by order approve rates filed by common carriers in respect to certain designated commodities and services when, in the opinion of the commission, it is impractical for the commission to make, fix, or prescribe rates covering the commodities and services.
[ 2007 c 234 s 74; 1961 c 14 s 81.80.130. Prior: 1957 c 205 s 5; 1937 c 166 s 9; 1935 c 184 s 11; RRS s 6382-11.]

catchline: Regulatory power over common carriers.


title: RCW 81.80.132

text:
When a common carrier gives an estimate of charges for services in carrying household goods, the carrier will endeavor to accurately reflect the actual charges. The carrier is subject to a monetary penalty not to exceed one thousand dollars per violation when the actual charges exceed the percentages allowed by the commission.
[ 1993 c 392 s 1.]

catchline: Common carriers—Estimate of charges for household goods—Penalty.


title: RCW 81.80.140

text:
To the extent allowed under 49 U.S.C. Sec. 14501, the commission shall: Supervise and regulate every contract carrier in this state; fix, alter, and amend, just, fair, and reasonable classifications, rules, and regulations and minimum rates and charges of each contract carrier; regulate the account, service, and safety of contract carriers' operations; require the filing of reports and of other data thereby; and supervise and regulate contract carriers in all other matters affecting their relationship with both the shipping and the general public.
[ 2007 c 234 s 75; 1961 c 14 s 81.80.140. Prior: 1937 c 166 s 11; 1935 c 184 s 12; RRS s 6382-12.]

catchline: Regulatory power over contract carriers.


title: RCW 81.80.150

text:
The commission shall make, fix, construct, compile, promulgate, publish, and distribute tariffs containing compilations of rates, charges, classifications, rules, and regulations to be used by all household goods carriers. In compiling these tariffs, the commission shall include within any given tariff compilation the carriers, groups of carriers, commodities, or geographical areas it determines are in the public interest. The compilations and publications may be made by the commission by compiling the rates, charges, classifications, rules, and regulations now in effect, and as they may be amended and altered from time to time after notice and hearing, by issuing and distributing revised pages or supplements to the tariffs or reissues of tariffs in accordance with the orders of the commission. The commission, upon good cause shown, may establish temporary rates, charges, or classification changes which may be made permanent only after publication in an applicable tariff for not less than sixty days and a determination by the commission that the rates, charges, or classifications are just, fair, and reasonable. If a shipper or common carrier, or representative of either, files a protest with the commission, within sixty days from the date of publication, stating that the temporary rates are unjust, unfair, or unreasonable, the commission must hold a hearing to consider the protest. Publication of these temporary rates in the tariff is adequate public notice. The commission may, upon notice and hearing, fix and determine just, fair, and reasonable rates, charges, and classifications. Each common carrier shall purchase from the commission and post tariffs applicable to its authority. The commission shall set fees for the sale, supplements, and corrections of the tariffs at rates to cover all costs of making, fixing, constructing, compiling, promulgating, publishing, and distributing the tariffs. The proper tariff, or tariffs, applicable to a carrier's operations must be available to the public at each agency and office of all common carriers operating within this state. The compilations and publications must be sold by the commission for the established fee. However, copies may be furnished for free to other regulatory bodies and departments of government and to colleges, schools, and libraries. All copies of the compilations, whether sold or given for free, must be issued and distributed under rules fixed by the commission. The commission may by order authorize common carriers to publish and file tariffs with the commission and be governed by the tariffs in respect to certain designated commodities and services when, in the opinion of the commission, it is impractical for the commission to make, fix, construct, compile, publish, and distribute tariffs covering such commodities and services.
[ 2007 c 234 s 76; 1993 c 97 s 4; 1981 c 116 s 2; 1973 c 115 s 11; 1961 c 14 s 81.80.150. Prior: 1959 c 248 s 5; 1957 c 205 s 6; 1947 c 264 s 4; 1941 c 163 s 3; 1937 c 166 s 10; Rem. Supp. 1947 s 6382-11a.]

catchline: Tariffs to be compiled and sold.


title: RCW 81.80.170

text:
The commission may issue temporary permits to temporary household goods carriers for no more than one hundred eighty days, but only after the commission finds that the issuance of the temporary permits is consistent with the public interest. The commission may prescribe special rules and regulations and impose special terms and conditions as in its judgment are reasonable and necessary in carrying out the provisions of this chapter.
The commission may also issue temporary permits pending the determination of an application filed with the commission for approval of a consolidation or merger of the properties of two or more household goods carriers or of a purchase or lease of one or more household goods carriers.
[ 2007 c 234 s 77; 1963 c 242 s 2; 1961 c 14 s 81.80.170. Prior: 1953 c 95 s 18; 1947 c 264 s 5; 1937 c 166 s 12; 1935 c 184 s 14; Rem. Supp. 1947 s 6382-14.]

catchline: Temporary permits.


title: RCW 81.80.190

text:
The commission shall, in issuing permits to common carriers and contract carriers under this chapter, require the carriers to either procure and file liability and property damage insurance from a company licensed to write such insurance in the state of Washington, or deposit security, for the limits of liability and on terms and conditions that the commission determines are necessary for the reasonable protection of the public against damage and injury for which the carrier may be liable by reason of the operation of any motor vehicle.
In fixing the amount of the insurance policy or policies, or deposit of security, the commission shall consider the character and amount of traffic and the number of persons affected and the degree of danger that the proposed operation involves.
[ 2007 c 234 s 78; 1986 c 191 s 5; 1961 c 14 s 81.80.190. Prior: 1935 c 184 s 16; RRS s 6382-16.]
Notes:
Construction—1986 c 191: See RCW 70A.384.902.

catchline: Insurance or deposit of security required.


title: RCW 81.80.195

text:
This chapter shall exclusively govern the liability insurance requirements for motor vehicle common and contract carriers. Any motor vehicle that meets the public liability requirements prescribed under RCW 81.80.190 shall not be required to comply with any ordinances of a city or county prescribing insurance requirements.
[ 1989 c 264 s 2.]
Notes:
Policy—1989 c 264: "The state legislature has prescribed what requirements are necessary for public liability insurance for motor vehicle common and contract carriers to adequately protect both public and private property, both real and personal. It is therefore necessary and desirable for the state to prevent each city or county from applying its own separate insurance regulations in addition to those required by the commission." [ 1989 c 264 s 1.]

catchline: Liability insurance requirements exclusive.


title: RCW 81.80.200

text:
The commission is hereby vested with power and authority in issuing permits to any of the carriers classified in accordance with RCW 81.80.120 to attach thereto such terms and conditions and to require such insurance or security as it may deem necessary for the protection of the public highways and to be for the best interest of the shipping and the general public. All such regulations and conditions shall be deemed temporary and may be revoked by the commission upon recommendation of the state or county authorities in charge of highway maintenance or safety when in the judgment of such authorities such revocation is required in order to protect the public or preserve the public highways.
[ 1961 c 14 s 81.80.200. Prior: 1937 c 166 s 14; 1935 c 184 s 17; RRS s 6382-17.]

catchline: Conditions may be attached to permits.


title: RCW 81.80.211

text:
The commission may adopt rules and regulations relating to the hours of duty of motor carrier drivers and operators.
[ 1961 c 14 s 81.80.211. Prior: 1953 c 95 s 23.]

catchline: Hours of operators—Rules and regulations.


title: RCW 81.80.220

text:
A household goods carrier shall not collect or receive a greater, less, or different remuneration for the transportation of property or for any service in connection therewith than the rates and charges that are either legally established and filed with the commission or are specified in the contract or contracts filed. A household goods carrier shall not refund or remit in any manner or by any device any portion of the rates and charges required to be collected by each tariff or contract or filing with the commission.
The commission may check the records of all carriers under this chapter and of those employing the services of the carrier to discover all discriminations, under or overcharges, and rebates, and may suspend or revoke permits for violations of this section.
The commission may refuse to accept any time schedule, tariff, or contract that, in the opinion of the commission, limits the service of a carrier to profitable trips only or to the carrying of high class commodities in competition with other carriers who give a complete service affording one carrier an unfair advantage over a competitor.
[ 2007 c 234 s 79; 1961 c 14 s 81.80.220. Prior: 1937 c 166 s 16; 1935 c 184 s 19; RRS s 6382-19.]

catchline: Tariff rates to be charged.


title: RCW 81.80.230

text:
Any person, whether a household goods carrier subject to this chapter, shipper, or consignee, or any officer, employee, agent, or representative thereof, who: (1) Offers, grants, gives, solicits, accepts, or receives any rebate, concession, or discrimination in violation of this chapter; (2) by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device assists, suffers, or permits any person or persons, natural or artificial, to obtain transportation of property subject to this chapter for less than the applicable rate, fare, or charge; or (3) fraudulently seeks to evade or defeat regulation of motor carriers under this chapter is subject to a civil penalty of not more than one hundred dollars for each violation. Each and every violation is a separate and distinct offense, and in case of a continuing violation every day's continuance is a separate and distinct violation. Every act or omission that procures, aids, or abets in the violation is also a violation under this section and subject to the penalty under this section.
The penalty under this section is due and payable when the person incurring the penalty receives a notice in writing from the commission describing the violation with reasonable particularity and advising the person that the penalty is due. The commission may, upon a written application received within fifteen days, remit or mitigate any penalty under this section or discontinue any prosecution to recover the penalty upon such terms as the commission in its discretion deems proper. The commission may ascertain the facts on all applications. If the penalty is not paid to the commission within fifteen days after receipt of the notice imposing the penalty, or the application for remission or mitigation is not made within fifteen days after the violator has received notice of the disposition of the application, the attorney general shall bring an action in the name of the state of Washington in the superior court of Thurston county or another county where the violator may do business, to recover the penalty. In all such actions, the procedure and rules of evidence are the same as in an ordinary civil action except as otherwise provided in this section. All penalties recovered under this section must be paid into the state treasury and credited to the public service revolving fund.
[ 2007 c 234 s 80; 1980 c 132 s 2; 1961 c 14 s 81.80.230. Prior: 1947 c 264 s 6; Rem. Supp. 1947 s 6382-19a.]
Notes:
Effective date—1980 c 132: See note following RCW 81.29.020.

catchline: Penalty for rebating, etc.—Procedure for collection.


title: RCW 81.80.250

text:
The commission may require any household goods carrier to file a surety bond, or deposit security, in an amount determined by the commission, that is conditioned on the carrier compensating the shippers and consignees for all money belonging to the shippers and consignees, and coming into the possession of the carrier in connection with its transportation service. Any household goods carrier required by law to compensate a shipper or consignee for any loss, damage, or default, for which a connecting common carrier is legally responsible, must be subrogated to the rights of the shipper or consignee under any bond or deposit of security to the extent of the amount paid.
[ 2007 c 234 s 81; 1961 c 14 s 81.80.250. Prior: 1935 c 184 s 21; RRS s 6382-21.]

catchline: Bond to protect shippers and consignees.


title: RCW 81.80.260

text:
It is unlawful for any household goods carrier to operate any vehicle at the same time in more than one class of operation, except upon approval of the commission and a finding that the operation is in the public interest.
An exempt carrier shall not transport property for compensation except as provided under this chapter.
[ 2007 c 234 s 82; 1967 c 69 s 3; 1961 c 14 s 81.80.260. Prior: 1935 c 184 s 22; RRS s 6382-22.]
Notes:
Severability—1967 c 69: See note following RCW 81.80.010.

catchline: Operation in more than one class.


title: RCW 81.80.270

text:
Permits issued under this chapter are neither irrevocable nor subject to transfer or assignment except upon a proper showing that property rights might be affected thereby, and then in the discretion of the commission.
Any person, partnership, or corporation, singly or in combination with any other person, partnership, or corporation, whether a household goods carrier holding a permit or otherwise, or any combination of such, shall not acquire control or enter into any agreement or arrangement to acquire control of a household goods carrier holding a permit through ownership of its stock or through purchase, lease, or contract to manage the business, or otherwise, except after and with the approval and authorization of the commission. However, upon the dissolution of a partnership, which holds a permit, because of the death, bankruptcy, or withdrawal of a partner where the partner's interest is transferred to his or her spouse or to one or more remaining partners, or in the case of a corporation which holds a permit, in the case of the death of a shareholder where a shareholder's interest upon death is transferred to his or her spouse or to one or more of the remaining shareholders, the commission shall transfer the permit to the newly organized partnership that is substantially composed of the remaining partners, or continue the corporation's permit without hearing and protest. In all other cases, any transaction either directly or indirectly entered into without approval of the commission is void, and it is unlawful for any person seeking to acquire or divest control of the permit to be a party to the transaction without approval of the commission.
Every carrier who ceases operation and abandons his or her rights under the permits issued to him or her shall notify the commission within thirty days of the cessation or abandonment.
[ 2007 c 234 s 83; 1973 c 115 s 12; 1969 ex.s. c 210 s 12; 1965 ex.s. c 134 s 1; 1963 c 59 s 6; 1961 c 14 s 81.80.270. Prior: 1959 c 248 s 24; 1937 c 166 s 18; 1935 c 184 s 23; RRS s 6382-23.]

catchline: Permits—Acquisition of carrier holding permit—Commission approval—Duties on cessation of operation.


title: RCW 81.80.272

text:
Except as otherwise provided in RCW 81.80.270, any permit granted or issued to any household goods carrier under this chapter and held by a person alone or in conjunction with others other than as stockholders in a corporation at the time of his or her death is transferable as any other right or interest of the person's estate subject to the following:
(1) Application for transfer must be made to the commission in a form and contain information prescribed by the commission. The transfer described in the application must be approved if it appears from the application or from any hearing held thereon or from any investigation thereof that the proposed transferee is fit, willing, and able properly to perform the services authorized by the permit to be transferred and to conform to the provisions of this chapter and the requirements, rules, and regulations of the commission, otherwise the application must be denied.
(2) Temporary continuance of motor carrier operations without prior compliance with this section is recognized as justified by the public interest when the personal representatives, heirs, or surviving spouses of deceased persons desire to continue the operations of the carriers whom they succeed in interest subject to reasonable rules and regulations prescribed by the commission.
In case of temporary continuance under this section, the successor shall immediately procure insurance or deposit security as required by RCW 81.80.190.
Immediately upon any temporary continuance of motor carrier operations and in any event not more than thirty days thereafter, the successor shall give notice of the succession by written notice to the commission containing information prescribed by the commission.
[ 2007 c 234 s 84; 1973 c 115 s 13; 1965 ex.s. c 134 s 2.]

catchline: Transfer of decedent's interest—Temporary continuance of operations.


title: RCW 81.80.280

text:
(1) Permits may be canceled, suspended, altered, or amended by the commission upon complaint by any interested party, or upon the commission's own motion after notice and opportunity for hearing, when the permittee or permittee's agent has repeatedly violated this chapter, the rules and regulations of the commission, or the motor laws of this state or of the United States, or the household goods carrier has made unlawful rebates or has not conducted its operation in accordance with the permit. The commission may enjoin any person from any violation of this chapter, or any order, rule, or regulation made by the commission pursuant to the terms hereof. If the suit is instituted by the commission, a bond is not required as a condition to the issuance of the injunction.
(2) When the commission has canceled a household goods carrier permit, the carrier must, when directed by the commission, provide notice to every customer that its permit has been canceled, and provide proof of such notice to the commission.
[ 2009 c 94 s 7; 2007 c 234 s 85; 1987 c 209 s 1; 1961 c 14 s 81.80.280. Prior: 1935 c 184 s 24; RRS s 6382-24.]

catchline: Cancellation, suspension, and alteration of permits—Notice by household goods carriers.


title: RCW 81.80.290

text:
The commission shall have power and authority, by general order or otherwise, to prescribe rules and regulations in conformity with this chapter to carry out the purposes thereof, applicable to any and all "motor carriers," or to any persons transporting property by motor vehicle for compensation even though they do not come within the term "motor carrier" as herein defined.
The commission shall mail each holder of a permit under this chapter a copy of such rules and regulations.
[ 1961 c 14 s 81.80.290. Prior: 1935 c 184 s 25; RRS s 6382-25.]
Notes:
Violation of rules pertaining to vehicle equipment on motor carriers transporting hazardous material: RCW 46.48.175.

catchline: Rules and regulations.


title: RCW 81.80.305

text:
(1) All motor vehicles, other than those exempt under subsection (2) of this section, must display a permanent marking identifying the name or number, or both, on each side of the power units. For a motor vehicle that is a common or contract carrier under permit by the commission as described in subsection (3)(a) of this section, a private carrier under subsection (4) of this section, or a leased carrier as described in subsection (5) of this section, any required identification that is added, modified, or renewed after September 1, 1991, must be displayed on the driver and passenger doors of the power unit. The identification must be in a clearly legible style with letters no less than three inches high and in a color contrasting with the surrounding body panel.
(2) This section does not apply to (a) vehicles exempt under RCW 81.80.040, and (b) vehicles operated by private carriers that singly or in combination are less than thirty-six thousand pounds gross vehicle weight.
(3) If the motor vehicle is operated as (a) a common or contract carrier under a permit by the commission, the identification must contain the name of the permittee, or business name, and the permit number, or (b) a common or contract carrier holding both intrastate and interstate authority, the identification may be either the commission permit number or the federal vehicle marking requirement established by the United States department of transportation for interstate motor carriers.
(4) If the motor vehicle is a private carrier, the identification must contain the name and address of either the business operating the vehicle or the registered owner.
(5) If the motor vehicle is operated under lease, the vehicle must display either permanent markings or placards on the driver and passenger doors of the power unit. A motor vehicle under lease (a) that is operated as a common or contract carrier under permit by the commission must display identification as provided in subsection (3)(a) of this section, and (b) that is operated as a private carrier must display identification as provided in subsection (4) of this section.
[ 2007 c 234 s 86; 1991 c 241 s 1.]

catchline: Markings required—Exemptions.


title: RCW 81.80.321

text:
In addition to all other fees to be paid, a common carrier and contract carrier shall pay a regulatory fee of no more than 0.0025 of its gross income from intrastate operations for the previous calendar year, or such other period as the commission designates by rule. The carrier shall pay the fee no later than four months after the end of the appropriate period and shall include with the payment such information as the commission requires by rule.
The legislature intends that the fees collected under this chapter shall reasonably approximate the cost of supervising and regulating motor carriers subject to this chapter, and to that end the commission may by general order decrease fees provided in this section if it determines that the moneys then in the motor carrier account of the public service revolving fund and the fees currently to be paid will exceed the reasonable cost of supervising and regulating carriers.
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.
All fees collected under any other provision of this chapter must be paid to the commission. The commission shall transmit the fees to the state treasurer within thirty days for deposit to the credit of the public service revolving fund.
[ 1994 c 83 s 4; 1993 c 97 s 3.]
Notes:
Effective date—1993 c 97 ss 2, 3, and 7: "Sections 2, 3, and 7 of this act take effect January 1, 1994." [ 1993 c 97 s 8.]

catchline: Regulatory fee—Based on gross income—Legislative intent—Delinquent fee payments—Public service revolving fund.


title: RCW 81.80.330

text:
The commission may administer and enforce all provisions of this chapter and inspect the vehicles, books, and documents of all motor carriers and the books, documents, and records of those using the service of the carriers for the purpose of discovering all discriminations and rebates and other information pertaining to the enforcement of this chapter and shall prosecute violations thereof. The commission shall employ auditors, inspectors, clerks, and assistants necessary for the enforcement of this chapter. The Washington state patrol shall perform all motor carrier safety inspections required by this chapter, including terminal safety audits, except for (1) those carriers subject to the economic regulation of the commission, or (2) a vehicle owned or operated by a carrier affiliated with a solid waste company subject to economic regulation by the commission. The Washington state patrol and the sheriffs of the counties shall make arrests and the county attorneys shall prosecute violations of this chapter.
[ 2007 c 234 s 87; 1995 c 272 s 5; 1980 c 132 s 3; 1961 c 14 s 81.80.330. Prior: 1935 c 184 s 29; RRS s 6382-29.]
Notes:
Effective dates—1995 c 272: See note following RCW 46.32.080.
Effective date—1980 c 132: See note following RCW 81.29.020.

catchline: Enforcement of chapter.


title: RCW 81.80.345

text:
Hearings on applications shall be heard in the county or adjoining county for which authority to operate is being applied. If more than one county is involved, the commission may hold the hearings at a location that will afford the greatest opportunity for testimony by witnesses representing the area for which authority to operate is being applied.
[ 1988 c 58 s 1; 1963 c 242 s 3.]

catchline: Venue—Hearings on applications.


title: RCW 81.80.355

text:
Any person not holding a permit authorizing him or her to operate as a common carrier, contract carrier, or temporary carrier for the transportation of property for compensation in this state, or an exempt carrier, who displays on any building, vehicle, billboard, or in any manner, any advertisement of, or by circular, letter, newspaper, magazine, poster, card, or telephone directory, advertises the transportation of property for compensation shall be guilty of a misdemeanor and punishable as such.
[ 2013 c 23 s 309; 1961 c 14 s 81.80.355. Prior: 1957 c 205 s 8; 1953 c 95 s 22.]

catchline: Unlawful advertising—Penalty.


title: RCW 81.80.357

text:
(1) No person in the business of transporting household goods as defined by the commission in intrastate commerce shall advertise without listing the carrier's Washington utilities and transportation commission permit number, physical address, and telephone number in the advertisement.
(2) All advertising, contracts, correspondence, cards, signs, posters, papers, and documents, including websites or other online advertising, which show a household goods carrier name shall also show the carrier's Washington utilities and transportation commission permit number, physical address, and telephone number. The alphabetized listing of household goods carriers appearing in the advertising sections of telephone books or other directories and all advertising that shows the carrier's name or address shall show the carrier's current Washington utilities and transportation commission permit number.
(3) Radio or television advertising need not contain the carrier's Washington utilities and transportation commission permit number if the carrier provides its permit number, physical address, and telephone number to the person selling the advertisement and it is recorded in the advertising contract.
(4) No person shall falsify a Washington utilities and transportation commission permit number or use a false or inaccurate Washington utilities and transportation commission permit number in connection with any solicitation or identification as an authorized household goods carrier.
(5) If, upon investigation, the commission determines that a household goods carrier or person acting in the capacity of a household goods carrier has violated this section, the commission may issue a penalty not to exceed five hundred dollars for every violation.
[ 2009 c 94 s 6; 1994 c 168 s 1.]

catchline: Advertising—Household goods—Permit number required—Penalty.


title: RCW 81.80.360

text:
All applicable provisions of this title, relating to procedure, powers of the department and penalties, shall apply to the operation and regulation of persons under this chapter, except insofar as such provisions may conflict with provisions of this chapter and rules and regulations issued thereunder by the commission.
[ 1961 c 14 s 81.80.360. Prior: 1937 c 166 s 22; RRS s 6382-31a.]


title: RCW 81.80.370

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 88; 1961 c 14 s 81.80.370. Prior: 1935 c 184 s 32; RRS s 6382-32.]

catchline: Application to interstate and foreign commerce.


title: RCW 81.80.371

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 the 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 89; 1963 c 59 s 9.]

catchline: Federal authority and registration for compensatory services.


title: RCW 81.80.372

text:
This chapter does not confer on any person or persons the exclusive right or privilege of transporting property for compensation over the public highways of the state.
[ 2009 c 94 s 5.]

catchline: Rights or privileges for compensatory services.


title: RCW 81.80.430

text:
(1) A person who provides brokering or forwarding services for the transportation of property in intrastate commerce shall file with the commission and keep in effect, a surety bond or deposit of satisfactory security, in a sum to be determined by the commission, but not less than five thousand dollars, conditioned upon the broker or forwarder compensating shippers, consignees, and carriers for all moneys belonging to them and coming into the broker's or forwarder's possession in connection with the transportation service.
(2) Failure to file the bond or deposit security is sufficient cause for the commission to refuse to grant the application for a permit or registration. Failure to maintain the bond or the deposit of security is sufficient cause for cancellation of a permit or registration.
[ 2007 c 234 s 90; 1991 c 146 s 1; 1990 c 109 s 1; 1989 c 60 s 2; 1988 c 31 s 2.]

catchline: Brokers and forwarders.


title: RCW 81.80.470

text:
(1) The collection or transportation of recyclable materials from a drop box or recycling buy-back center, or collection or transportation of recyclable materials by or on behalf of a commercial or industrial generator of recyclable materials to a recycler for use or reclamation is subject to regulation under this chapter.
(2) Nothing in this chapter changes RCW 81.77.010(8), to allow any entity, other than a solid waste collection company authorized by the commission or an entity collecting solid waste from a city or town under chapter 35.21 or 35A.21 RCW, to collect solid waste that may incidentally contain recyclable materials.
[ 2007 c 234 s 91.]

catchline: Recyclable materials collection and transportation—Construction.


title: RCW 81.80.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 188.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 81.84.010

text:
(1) A commercial ferry may not operate any vessel or ferry for the public use for hire between fixed termini or over a regular route upon the waters within this state, including the rivers and lakes and Puget Sound, without first applying for and obtaining from the commission a certificate declaring that public convenience and necessity require such operation. Service authorized by certificates issued to a commercial ferry operator must be exercised by the operator in a manner consistent with the conditions established in the certificate and tariff filed under chapter 81.28 RCW. However, a certificate is not required for a vessel primarily engaged in transporting freight other than vehicles, whose gross earnings from the transportation of passengers or vehicles, or both, are not more than ten percent of the total gross annual earnings of such vessel.
(2) If the commission finds, after a hearing, that an existing or a proposed commercial ferry service does not serve an essential transportation purpose and is solely for recreation, the commission may, by order, exempt that service from the requirements of certification and regulation under this chapter. If the nonessential service is a proposed service not already provided by an existing certificate holder, the commission must also find, after notice to any existing certificate holder operating within the same territory and an opportunity to be heard, that the proposed service would not adversely affect the rates or services of any existing certificate holder.
(3) This section does not affect the right of any county public transportation benefit area or other public agency within this state to construct, condemn, purchase, operate, or maintain, itself or by contract, agreement, or lease, with any person, firm, or corporation, ferries or boats across the waters within this state, including rivers and lakes and Puget Sound, if the operation is not over the same route or between the same districts being served by a certificate holder without first acquiring the rights granted to the certificate holder under the certificate.
(4) The holder of a certificate of public convenience and necessity granted under this chapter must initiate service within five years of obtaining the certificate, except that the holder of a certificate of public convenience and necessity for passenger-only ferry service in Puget Sound must initiate service within twenty months of obtaining the certificate. The certificate holder shall report to the commission every six months after the certificate is granted on the progress of the certificated route. The reports shall include, but not be limited to, the progress of environmental impact, parking, local government land use, docking, and financing considerations. Except in the case of passenger-only ferry service in Puget Sound, if service has not been initiated within five years of obtaining the certificate, the commission may extend the certificate on a twelve-month basis for up to three years if the six-month progress reports indicate there is significant advancement toward initiating service.
[ 2009 c 557 s 2; 2007 c 234 s 92. Prior: 2003 c 373 s 4; 2003 c 83 s 211; 1993 c 427 s 2; 1961 c 14 s 81.84.010; prior: 1950 ex.s. c 6 s 1, part; 1927 c 248 s 1, part; RRS s 10361-1, part.]
Notes:
Findings—Intent—2003 c 373: See note following RCW 47.64.090.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.

catchline: Certificate of convenience and necessity required—Recreation exemption—Service initiation—Progress reports.


title: RCW 81.84.020

text:
(1) Upon the filing of an application, the commission shall give reasonable notice to the department, affected cities, counties, and public transportation benefit areas and any common carrier which might be adversely affected, of the time and place for hearing on such application. The commission may, after notice and an opportunity for a hearing, issue the certificate as prayed for, or refuse to issue it, 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 any terms and conditions as in its judgment the public convenience and necessity may require; but the commission may not grant a certificate to operate between districts or into any territory prohibited by RCW 47.60.120 or already served by an existing certificate holder, unless the existing certificate holder has failed or refused to furnish reasonable and adequate service, has failed to provide the service described in its certificate or tariffs after the time allowed to initiate service has elapsed, or has not objected to the issuance of the certificate as prayed for.
(2) Before issuing a certificate, the commission shall determine that the applicant has the financial resources to operate the proposed service for at least twelve months, based upon the submission by the applicant of a pro forma financial statement of operations. Issuance of a certificate must be determined upon, but not limited to, the following factors: Ridership and revenue forecasts; the cost of service for the proposed operation; an estimate of the cost of the assets to be used in providing the service; a statement of the total assets on hand of the applicant that will be expended on the proposed operation; and a statement of prior experience, if any, in such field by the applicant. The documentation required of the applicant under this section must comply with the provisions of chapter 5.50 RCW.
(3) In granting a certificate for passenger-only ferries and determining what conditions to place on the certificate, the commission shall consider and give substantial weight to the effect of its decisions on public agencies operating, or eligible to operate, passenger-only ferry service.
(4) Until July 1, 2007, the commission shall not accept or consider an application for passenger-only ferry service serving any county in the Puget Sound area with a population of over one million people. Applications for passenger-only ferry service serving any county in the Puget Sound area with a population of over one million pending before the commission as of May 9, 2005, must be held in abeyance and not be considered before July 1, 2007.
[ 2019 c 232 s 26; 2007 c 234 s 93; 2006 c 332 s 11. Prior: 2005 c 313 s 609; 2005 c 121 s 7; 2003 c 373 s 5; 2003 c 83 s 212; 1993 c 427 s 3; 1961 c 14 s 81.84.020; prior: 1950 ex.s. c 6 s 1, part; 1927 c 248 s 1, part; RRS s 10361-1, part.]
Notes:
Severability—2005 c 313: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2005 c 313 s 901.]
Effective date—2005 c 313: "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 [May 9, 2005]." [ 2005 c 313 s 902.]
Findings—Intent—2003 c 373: See note following RCW 47.64.090.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.

catchline: Application—Hearing—Issuance of certificate—Determining factors.


title: RCW 81.84.025

text:
The commission, in granting a certificate to operate as a commercial ferry, shall require the operator to first obtain liability and property damage insurance from a company licensed to write liability insurance in the state or a surety bond of a company licensed to write surety bonds in the state, on each vessel or ferry to be used, in the amount of not less than one hundred thousand dollars for any recovery for personal injury by one person, and not less than one million dollars and in such additional amount as the commission shall determine, for all persons receiving personal injury and property damage by reason of one act of negligence, and not less than fifty thousand dollars for damage to property of any person other than the insured; or combined bodily injury and property damage liability insurance of not less than one million dollars, and to maintain such liability and property damage insurance or surety bond in force on each vessel or ferry while so used. 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, and failure to do so is cause for revocation of the operator's certificate.
[ 1993 c 427 s 4.]

catchline: Certificate—Insurance or bond required—Amounts.


title: RCW 81.84.030

text:
No certificate or any right or privilege thereunder held, owned, or obtained under the provisions of this chapter shall be sold, assigned, leased, mortgaged, or in any manner transferred, either by the act of the parties or by operation of law, except upon authorization by the commission first obtained.
[ 1993 c 427 s 5; 1961 c 14 s 81.84.030. Prior: 1950 ex.s. c 6 s 1, part; 1927 c 248 s 1, part; RRS s 10361-1, part.]

catchline: Certificate—Transfer.


title: RCW 81.84.040

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 fee as the commission may prescribe by rule: PROVIDED, That such fee shall not exceed two hundred dollars.
[ 1973 c 115 s 14; 1961 c 14 s 81.84.040. Prior: 1955 c 125 s 10; prior: 1939 c 123 s 3, part; 1937 c 158 s 4, part; RRS s 10417-3, part.]

catchline: Filing fees.


title: RCW 81.84.050

text:
Every commercial ferry and every officer, agent, or employee of any commercial ferry who violates or who procures, aids, or abets in the violation of any provision of this title, or any order, rule, regulation, or decision of the commission shall incur a penalty of one hundred dollars for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation every day's continuance shall be and be deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids, or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty herein provided for.
The penalty herein provided for shall become due and payable when the person incurring the same receives a notice in writing from the commission describing such violation with reasonable particularity and advising such person that the penalty is due.
The commission may, upon written application therefor, received within fifteen days, remit or mitigate any penalty provided for in this section or discontinue any prosecution to recover the same upon such terms as it in its discretion shall deem proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as it may deem proper.
If the amount of such penalty is not paid to the commission within fifteen days after receipt of notice imposing the same or, if application for remission or mitigation has not been made, within fifteen days after the violator has received notice of the disposition of such application, the attorney general shall bring an action to recover the penalty in the name of the state of Washington in the superior court of Thurston county or of some other county in which such violator may do business. In all such actions the procedure and rules of evidence shall be the same as in ordinary civil actions except as otherwise herein provided. All penalties recovered by the state under this chapter shall be paid into the state treasury and credited to the public service revolving fund.
[ 1993 c 427 s 6; 1961 c 14 s 81.84.050. Prior: 1937 c 169 s 6; RRS s 10361-2.]

catchline: Penalties—Remission, mitigation.


title: RCW 81.84.060

text:
The commission, upon complaint by an interested party, or upon its own motion after notice and opportunity for hearing, may cancel, revoke, suspend, alter, or amend a certificate issued under this chapter on any of the following grounds:
(1) Failure of the certificate holder to initiate service by the conclusion of the fifth year after the certificate has been granted or by the conclusion of an extension granted under *RCW 81.84.010(2), if the commission has considered the progress report information required under *RCW 81.84.010(2);
(2) Failure of a certificate holder for passenger-only ferry service in Puget Sound to initiate service by the conclusion of the twentieth month after the certificate has been granted;
(3) Failure of the certificate holder to file an annual report;
(4) The filing by a certificate holder of an annual report that shows no revenue in the previous twelve-month period after service has been initiated;
(5) The violation of any provision of this chapter;
(6) The violation of or failure to observe the provisions or conditions of the certificate or tariffs;
(7) The violation of an order, decision, rule, regulation, or requirement established by the commission under this chapter;
(8) Failure of a certificate holder to maintain the required insurance coverage in full force and effect; or
(9) Failure or refusal to furnish reasonable and adequate service after initiating service.
The commission shall take appropriate action within thirty days upon a complaint by an interested party or of its own finding that a provision of this section has been violated.
[ 2007 c 234 s 97; 2003 c 373 s 6; 2003 c 83 s 213; 1993 c 427 s 7.]
Notes:
*Reviser's note: RCW 81.84.010 was amended by 2009 c 557 s 2, changing subsection (2) to subsection (4).
Findings—Intent—2003 c 373: See note following RCW 47.64.090.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.

catchline: Certificate—Grounds for cancellation, revocation, suspension, alteration, or amendment.