WAC 480-14-400   Transportation of radioactive materials -- Driving and parking rules.  (1) Attendance and surveillance of motor vehicles.

     (a) Except as provided in (b) of this subsection, a motor vehicle containing an amount of radioactive material requiring highway route control pursuant to CFR part 173.403 in effect on the date specified in WAC 480-14-999 must be attended at all times by its driver or a qualified representative of the motor carrier that operates it.

     (b) Subdivision (a) of this subsection shall not apply if all of the following conditions exist:

     (i) The vehicle is located on the property of the motor carrier, on the property of a shipper or consignee of the radioactive material, or in a safe haven; and

     (ii) The lawful bailee of the radioactive material is aware of the nature of the radioactive material the vehicle contains and has been instructed in the procedures that must be followed in emergencies; and

     (iii) The vehicle is within the bailee's unobstructed field of view.

     (c) For purposes of this section:

     (i) A motor vehicle is attended when the person in charge of the vehicle is on the vehicle, awake, and not in a sleeper berth, or is within one hundred feet of the vehicle with an unobstructed field of view;

     (ii) A qualified representative of a motor carrier is a person who:

     (A) Has been designated by the carrier to attend the vehicle;

     (B) Is aware of the nature of the radioactive materials contained in the vehicle;

     (C) Has been instructed in the procedures to be followed in emergencies; and

     (D) Is authorized to move the vehicle and has the means and ability to do so.

     (d) A safe haven is an area specifically approved in writing by local, state or federal government authorities for the parking of unattended vehicles containing highway route controlled quantities of radioactive material.

     (e) The rules in this section do not relieve a driver from any obligation imposed by law relating to the placing of warning devices when a motor vehicle is stopped on the public street or highway.

     (2) Parking. A motor vehicle which contains an amount of radioactive material requiring highway route control must not be parked:

     (a) On or within five feet of the traveled portion of a public street or highway;

     (b) On private property (including premises of a fueling or eating facility) without the knowledge and consent of the person who is in charge of the property and who is aware of the nature of the hazardous materials the vehicle contains; or

     (c) Within three hundred feet of a bridge, tunnel, dwelling, building, or place where people work, congregate, or assemble, except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place.



[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-14-400, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 80.01.040 and 34.05.350. 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-400, filed 11/22/95, effective 12/23/95.]