The state patrol hereby adopts the following regulations relating to the issuance of an authorized emergency vehicle permit, for those vehicles not already authorized under state or federal statute.

(1) Applicant means any person, firm, corporation or municipal corporation desiring to have a vehicle registered as an authorized emergency vehicle pursuant to RCW 46.37.194.

(2) Authorized emergency vehicle has the same meaning as defined in RCW 46.04.040.

(3) Burial, removal, or transit permit means a form, approved and supplied by the state registrar of vital statistics as described in chapter 70.58 RCW, identifying the name of the deceased, date and place of death, general information, disposition and registrar and sexton information.

(4) Digital signature means a signature in electronic format that is either a digitized image of a wet signature or a graphical representation of a handwritten signature which is under the exclusive control of the person signing the document.

(5) Electronic record means a record generated, communicated, received or stored by electronic means for use in an information system or for transmission from one information system to another.

(6) Funeral escort means a funeral procession provided in accordance with WAC 308-330-466 for the purpose of transporting human remains under a burial, removal, or transit permit issued in accordance with chapter 70.58 RCW for disposition, except as otherwise provided by law, in a cemetery or building dedicated exclusively for religious purposes.

(7) Geographic area means the city, county, state routes or interstate roads on which the vehicle will be operated under the authorized emergency vehicle permit if approved.

(8) Operator or driver. The term operator and the term driver, as used herein, means every person who is in actual physical control of an authorized emergency vehicle.

(9) Operation. The term operation, as used herein, is the driving or moving by any operator or driver upon a public highway of any vehicle that is equipped or has attached thereon any emergency equipment, the installation of which requires an authorized emergency vehicle permit, whether or not the emergency equipment is activated.

(10) Patrol means the Washington state patrol.

(11) Primary jurisdiction means lead department who has jurisdiction on the roads that the applicant wishes to use the emergency lighting on.

(12) Political subdivision means the individual who has authority over the applicant if the applicant is the chief law enforcement officer or fire chief.

(1) An applicant desiring to have a vehicle registered as an authorized emergency vehicle pursuant to RCW 46.37.194 must apply for such classification to the patrol on forms provided by the patrol.

(2) The initial applicant must furnish the following information to the patrol:

(a) A description of the specific geographic area in which the vehicle(s) will be used as an authorized emergency vehicle.

(b) A copy of the registration of the vehicle(s) and proof of insurance.

(i) Each vehicle must be covered with the following minimum insurance coverage:

(A) One hundred thousand dollars of legal liability per occurrence to protect against vehicle damage.

(B) Two hundred fifty thousand dollars for liability, bodily injury or property damage per occurrence.

(ii) Proof of insurance may be provided in one of the following forms:

(A) Copy of the proof of insurance which shows the coverage and terms thereof.

(B) Letter from the underwriter of the insurance outlining the insurance coverage and vehicle(s) covered.

(c) A description of the specific purposes for which the vehicle will be used as an authorized emergency vehicle. This description must include each function for the vehicle, including, but not limited to, funeral escorts, fire response, traffic control, incident response, roadside safety and security patrols.

(d) Citation(s) to the statutory authority for the applicant to perform the functions listed under the purpose(s) for which the applicant is applying for the permit.

(e) A description of the emergency equipment to be used if the permit is granted.

(f) A listing of the names birth dates, operator's license numbers and other identifying data as may be prescribed on the application form by the patrol, of all persons who will use the vehicle(s) as an authorized emergency vehicle, a completed applicant fingerprint card, and associated fee to process the fingerprint cards for each person who operates the vehicle(s).

(g) Certification from each primary jurisdiction identified in (a) of this subsection that the vehicle is to be used as described. Such certification must:

(i) Be made by:

(A) The chief law enforcement officer if the applicant is a law enforcement or security officer, or has funeral home, coroner, ambulance or other nonfire related duties. For the patrol, the chief law enforcement officer will be the district commander that oversees the geographic area(s) under subsection (a) of this section.

(B) The fire chief if the vehicle is to be used only for firefighting purposes.

(C) The chief executive officer of the political subdivision of the jurisdiction, if the applicant is the chief law enforcement officer or fire chief of the jurisdiction.

(ii) State that a need exists in the jurisdiction for the vehicle to be used as described and that the certifier knows of no reason why the application should be denied.

(iii) Include the original or digital signature of all jurisdictions required under this chapter.

(h) The chief law enforcement officer or fire chief may outline restrictions for use within the jurisdiction as part of his or her approval.

(i) Upon satisfactory application the patrol may issue an emergency vehicle permit or permits which, when carried as required, are valid for one year or until revocation or suspension as prescribed in WAC 204-36-070.

(3) Renewal applications must:

(a) Be received by the patrol prior to the expiration date of the permit on forms provided by the patrol.

(b) Include all authorizations from the required jurisdictions for the geographic areas listed in the renewal application.

(c) Only list vehicle(s) and equipment for which inspection paperwork has been received by the patrol and a vehicle permit as outlined in WAC 204-36-060 has been issued by the patrol.

(d) Only list operators that have already undergone the background check required under this chapter and been approved by the patrol to operate the vehicle(s) listed.

(e) Include proof of insurance for the vehicle(s) listed under the renewal application.

(f) Include any other documentation required under this chapter.

(4) Upon satisfactory application for renewal the patrol may issue an emergency vehicle permit or permits which, when carried as required, are valid for one year or until revocation or suspension as prescribed in WAC 204-36-070.

(5) Original or renewal applications may be mailed to the patrol at Equipment and Standards Unit, General Administration Building, P.O. Box 42600, Olympia, WA 98504-2600 or the electronic record of the application may be emailed to equipment@wsp.wa.gov. Upon receipt, the patrol will review the documentation and may issue a permit if the applicant meets all the requirements outlined in this chapter. The authorized emergency vehicle permit must be carried in the vehicle at all times, and presented upon request to law enforcement.

(1) A vehicle authorized by the patrol must not be used as an authorized emergency vehicle except as follows:

(a) Only by the operators named in the permit approved by the patrol.

(b) Only with the equipment described in the permit approved by the patrol.

(c) Only within the geographic area(s) approved by the chief law enforcement officer or fire chief outlined in WAC 204-36-030 and in accordance with any restrictions outlined in the permit approved by the patrol. Each authorized emergency vehicle permit holder must maintain a permanent daily log or record of all uses of emergency vehicles authorized under this chapter for at least two years. The records will be made available to any law enforcement officer or the equipment standards unit of the patrol upon request. The records must include the following items:

(i) Date and time of operation.

(ii) Operator(s) name(s).

(iii) Identification of the vehicle(s) operated by the VIN or license plate number. A vehicle number issued by the agency or company may be used provided that such number is provided to the patrol as part of the application and linked to the VIN or license plate number of the vehicle.

(iv) Location of operation which must include all geographic areas operated in with emergency equipment for that operation.

(v) Reason for operation.

(d) Only for the purposes set forth in the permit approved by the patrol.

(e) If being used for escort services, may be used only for funeral escorts. Funeral escorts must:

(i) Provide notice of each escort to the primary jurisdictions, if required to do so by the jurisdiction under the permit.

(ii) Comply with WAC 308-330-466 regarding funeral processions. To conduct traffic control as provided under WAC 308-330-466 the procession must:

(A) Have all operators involved in traffic control certified as a Washington state certified flagger. A certified flagger card must be carried at all times during the escort and presented to law enforcement if requested. All operators involved in the funeral escort must undergo a training briefing for the event which must include:

(I) Certified flaggers role during the escort;

(II) Flagging safety and requirements for any traffic control conducted to include any sign or vehicle placement during the escort;

(III) Familiarization of the route used for the escort;

(IV) Communications and signals to be used between flaggers during the escort; and

(V) Other hazards specific to the route or escort.

(B) Only use certified flaggers who must:

(I) Be at least twenty-one years of age.

(II) Possess a valid driver's license with the proper endorsements for the vehicle which they intend to operate as an escort vehicle.

(III) Be able to speak and hear well enough to conduct verbal conversation in English with another person.

(IV) Have in his or her possession a flagger certification card and the flagger's picture or a statement that says "valid with photo ID."

(D) Wear the following high-visibility safety apparel when performing traffic control:

(I) A safety vest, shirt or jacket labeled as meeting the ANSI/ISEA 107-2004 or 107-2010 standard performance for class 2 or 3 risk exposure. A copy of this standard is available at https://www.safetyequipment.org.

(II) The apparel must be orange-red, florescent yellow-green, or a combination of the two as defined in the ANSI standard.

(E) Have the following permit(s):

(I) A letter of acknowledgment or letter of agreement through the Washington state department of transportation (WSDOT) if the route includes state routes or interstates. Applications for conducting escorts using state highways or interstates must be submitted at least three business days in advance using the application for special events on state highways application available on the WSDOT website www.wsdot.wa.gov.

(II) A permit, letter of acknowledgment or agreement from the necessary local jurisdiction(s), if required, to perform traffic control functions for routes that include city streets or county roads. Funeral escort companies are responsible for checking with the necessary jurisdictions to ensure necessary documentation is acquired prior to operation under the authorized emergency vehicle permit.

(F) Only hold an intersection if the lead vehicle in the escort lawfully entered the intersection and only for a period of time necessary to allow the remaining vehicles to proceed through the intersection. If a procession lasts longer than three minutes at an intersection, the flagger(s) will hold the procession to allow other road users to cross.

(G) A certified flagger will be held liable if an accident occurs due to his or her instructions.

(iii) Employers and/or responsible contractors must make sure that flaggers:

(A) Stand either on the shoulder adjacent to the road user being controlled or in the closed lane prior to stopping road users. A flagger must only stand in the lane being used by moving road users after the road users have been stopped. For the purpose of this section road user means a vehicle operator, bicyclist, or pedestrian within a public roadway, including workers in temporary traffic control zones.

(B) Are positioned so that they are not exposed to traffic approaching them from behind. If this is not possible, then the employer and/or responsible contractor must develop and use a method to ensure that the flagger has adequate visual warning of traffic and equipment approaching from behind.

(C) Do not use devices that may distract the flagger vision, hearing or attention.

(D) Do not work more than three hours without a rest period of at least ten minutes.

(E) Are not assigned other duties while engaged in traffic control activities.

(iv) Have commercial insurance in Washington state or business use exemption from the insuring company to provide escort services with a motor vehicle. Proof of such insurance must be provided to the patrol annually as part of the application as outlined in WAC 204-36-030.

(v) Not park or stand, irrespective of the provisions of chapter 46.61 RCW or violate any traffic laws unless lawfully conducting traffic control as outlined in this chapter.

(2) If an authorized emergency vehicle is used for private purposes, or for purposes in an area or by an operator other than as set forth in the application, all emergency equipment which is exposed to public view must be removed or covered with an opaque hood, and must not be operated during such period of time.

(3) The issuance of an emergency vehicle permit does not relieve the driver from the duty to drive with regard for the safety of all persons, nor will such provisions protect the driver from the consequences of his or her disregard for the safety of others and does not grant police authority to the operators of said vehicle. Any inappropriate or misuse of authorized emergency vehicles may result in criminal or civil liability as well as suspension or revocation of the emergency vehicle permit.

(4) A siren may only be used when responding to an emergency call or when reasonably necessary to warn pedestrians and other drivers of the approach of the authorized emergency vehicle in accordance with RCW 46.37.380.

(5) No permit will be issued to an applicant if the name of the applicant portrays the applicant as a public law enforcement agency, or in association with a public law enforcement agency, or includes the word "police" or "patrol."

(6) An operator under an approved emergency vehicle permit will not be allowed to display or use any of the following:

(a) A name that includes the word "police," "patrol," or "law enforcement," or other word which portrays the individual or business as a public law enforcement agency.

(b) A sign, shield, marking, accessory or insignia on their uniform, clothing or equipment to imply that he or she is a law enforcement officer.

(7) Subsections (5) and (6) of this section do not apply:

(a) If the applicant is recognized under Washington state or federal law as a municipal corporation and certifies to the patrol that the applicant is a municipal corporation; or

(b) If the sign, shield, marking, accessory or insignia on the operator's uniform or equipment is issued by a public law enforcement agency; the operator is employed by the public law enforcement agency that the operator is representing with the sign, shield, marking, accessory or insignia on the operator's uniform or equipment; and the operator is approved to operate the vehicle by that public law enforcement agency for the purposes outlined under the authorized emergency vehicle permit.

(1) Authorized emergency vehicles must be:

(a) Conventional passenger cars, vans, pickups, or similar vehicles;

(b) Conventionally painted; and

(c) Legally equipped in conformance with RCW 46.37.190(1) with at least one lamp capable of displaying a red light visible from at least 500 feet in normal sunlight and a siren capable of giving an audible signal. Such equipment must not be installed prior to obtaining approval of the application and issuance of a temporary certificate of approval for the vehicle(s) by the patrol. To be considered approved equipment for use under the provisions of this section, all devices must meet the criteria established in RCW 46.37.320. In descending order of preference, these are:

(i) Conformance to current standards and specifications of the Society of Automotive Engineers, or; if none

(ii) Certified for compliance by any recognized organization or agency such as, but not limited to, the American National Standards Institute, the Society of Automotive Engineers, or the American Association of Motor Vehicle Administrators.

(2) Authorized emergency vehicles must not:

(a) Be equipped with blue lamps except as provided in RCW 46.37.184, 46.37.196, and WAC 204-21-230(4).

(b) Display commercial signs, posters, or pictures.

(c) Carry or attach to the outside of the vehicle equipment, not related to the emergency nature of the vehicle.

(d) Display or use any name that includes the word "police" or "law enforcement" or other word which portrays the individual or business as a public law enforcement agency.

(3) Authorized emergency vehicles may, in addition to the required equipment, have:

(a) An amber or white lamp on their vehicle as outlined under WAC 204-21-130;

(b) Signal preemptive device as outlined in RCW 46.37.670;

(c) Flashing or strobing headlamps;

provided that such equipment is listed on the application and approved by each primary jurisdiction and the patrol.

(1) If the patrol approves the initial application, the applicant will be issued a temporary permit for the vehicle(s) which will be valid for thirty days, during which time the emergency equipment may be installed for the purpose of inspection. After installation of the emergency equipment, the applicant must bring the vehicle to a district or detachment office of the patrol to be examined by any patrol officer to verify the location, make, model, and color (if applicable) of the emergency equipment. A patrol officer will certify the results of this examination on a form prescribed and provided by the patrol and the applicant must file the form with the patrol. Original forms may be mailed to the patrol at the Equipment and Standards Unit, General Administration Building, P.O. Box 42600, Olympia, WA 98504-2600 or the electronic record of the form may be emailed to equipment@wsp.wa.gov. Upon the patrol's receipt of such certification, the patrol will review the documentation and may issue a vehicle permit, which must be carried in the vehicle at all times, and expires when:

(a) The vehicle is removed from the permit; or

(b) The authorized emergency vehicle permit is terminated by the applicant or by the patrol; or

(c) The authorized emergency vehicle permit expires, which will be one year from the date of issuance thereof.

(2) A request to add a new vehicle may be made at any time in writing to the patrol and must include the vehicle year, make, model, VIN, license number, and registered owner. The requests will be processed as outlined in subsection (1) of this section. A vehicle will not be allowed to operate under a permit until the vehicle has been authorized by the patrol and issued a vehicle permit under the applicant's authorized emergency vehicle permit.

(3) A request to add new equipment to a vehicle with a current permit may be made at any time in writing to the patrol. If additional equipment other than that approved under the vehicle permit must be installed:

(a) A new certificate of equipment must be filled out for the vehicle and the patrol must inspect and approve such equipment issuing a new vehicle permit prior to use of the vehicle under the authorized emergency vehicle permit.

(b) The applicant may be required to obtain authorization from each primary jurisdiction of the geographic areas listed in the authorized emergency vehicle permit if the additional equipment was not previously authorized under the current permit.

(4) A copy of the vehicle permit and current authorized emergency vehicle permit(s) the vehicle is authorized under must be carried in the vehicle at all times and presented to law enforcement upon request.

(1) Operators must have a valid driver's license properly endorsed to operate the vehicle(s) listed under the permit.

(2) The patrol may refuse to approve the application, certificate or permit, or in the case of an application which lists multiple operators may refuse to approve any single operator if the applicant/operator:

(a) Has been convicted of a felony during the ten years preceding the date of the application provided that the felony for which the applicant was convicted directly relates to the specific occupation, trade, vocation, or business for which the certificate or permit is sought;

(b) Has ever been convicted of the following:

(i) Any class A felony or any "sex offense" as defined in RCW 9.94A.030, regardless of the date or state of conviction; or

(ii) Any class B felony within the last seven years; or

(iii) Any class C felony within the last five years; or

(iv) A DUI as defined in chapter 46.61 RCW, or convicted of a similar offense regardless of the state of conviction, within the last seven years; or

(v) Reckless driving, or a hit and run, within the last seven years; or

(vi) A gross misdemeanor within the last five years; or

(vii) Any misdemeanor within the last year; or

(c) Must register as a sex or kidnapping offender.

Crimes referenced in this section are as defined in the criminal code as they exist at the time of the violation, as they now exist or may later be amended in the state of Washington. Out-of-state convictions for offenses will be classified according to the comparable offense definitions and sentences provided by Washington law.

(3) A request to add an operator to a permit may be made in writing to the patrol at any time. If there is a request for a new operator to be added to the permit, the operator will not be allowed to drive the vehicles as outlined in the permit until they have been approved to do so by the patrol.

(1) Violation of any of these regulations will be grounds for suspension or revocation of the authorized emergency vehicle permit. Notice will be furnished to the applicant at least twenty days prior to the effective date of such suspension or revocation. The notice will describe the grounds for the order and will furnish the applicant an opportunity to be heard within the twenty-day period. The notice may provide for immediate suspension of the permit prior to any hearing, or the patrol may suspend the permit following the hearing but prior to final determination, if it is necessary to do so in the interests of the public health, safety or welfare.

(2) The chief law enforcement officer, or fire chief if the vehicle is to be used for firefighting purposes, of each primary jurisdiction in which the vehicle is operated as an authorized emergency vehicle may revoke his or her certification of the vehicle by notifying the patrol in writing or by electronic notice of such revocation and his or her reasons therefore. Following notice to the applicant and an opportunity to be heard, the permit may be invalidated by the patrol.

(3) Failure to maintain the required insurance coverage will result in suspension or revocation of the vehicle permit by the patrol and may result in action taken on the authorized emergency vehicle permit.

(4) An operator, the company or organization holding the authorized emergency vehicle permit must notify the patrol of any motor vehicle collision or violation that occurred involving a vehicle listed under the authorized emergency vehicle permit if such collision or violation occurred while being used under the scope of the permit.

(a) Such notification must be received by the patrol within thirty days of the collision or violation. Failure to provide notification within the specified time frame may result in suspension or revocation of the permit, an individual operator or vehicle permit.

(b) Collisions or citations may be cause for the patrol to suspend or revoke an authorized emergency vehicle permit, an individual operator or vehicle permit.

(5) Falsification of any information in the permit will result in suspension or revocation of the permit, an individual operator or vehicle permit.

(6) Mailing by certified mail or sending by electronic record of any notice or correspondence by the patrol to the last physical or email address of the applicant shown on the permit will be sufficient service of notice as required by this chapter.

(7) The patrol may refuse an application from any company whose permit has been revoked until such time that the company can show that corrective action has been taken to remedy the circumstances for which the authorized emergency vehicle permit was revoked under this chapter.

A vehicle of a federal law enforcement entity is recognized as an authorized emergency vehicle which need not be classified, registered, or authorized by the patrol.