Chapter 81.66 RCW

TRANSPORTATION FOR PERSONS WITH SPECIAL NEEDS

Sections

81.66.005ScopeFederal authority and registration for compensatory services.
81.66.010Definitions.
81.66.020Private, nonprofit transportation provider required to operate in accordance with this chapter.
81.66.030Authority of commission.
81.66.040Certificate requiredTransferabilityApplicationCarried in vehicle.
81.66.050Insurance or bond required.
81.66.060Suspension, revocation, or alteration of certificate.


ScopeFederal authority and registration for compensatory services.

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



Definitions.

The definitions set forth in this section shall apply throughout this chapter, unless the context clearly indicates otherwise.
(1) "Corporation" means a corporation, company, association, or joint stock association.
(2) "Person" means an individual, firm, or a copartnership.
(3) "Persons with special transportation needs" means those persons, including their personal attendants, who because of physical or mental disability, income status, or age are unable to transport themselves or to purchase appropriate transportation.
(4) "Private, nonprofit transportation provider" means any private, nonprofit corporation providing transportation services for compensation solely to persons with special transportation needs, or pursuant to a contract with a state agency or funded by a grant issued by the department of transportation.

NOTES:

Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Severability1979 c 111: See note following RCW 46.74.010.



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

No person or corporation, their lessees, trustees, receivers, or trustees appointed by any court, may operate as a private, nonprofit transportation provider except in accordance with this chapter.

NOTES:

Severability1979 c 111: See note following RCW 46.74.010.



Authority of commission.

The commission shall regulate every private, nonprofit transportation provider in this state but has authority only as follows: To issue certificates to such providers; to set forth insurance requirements; to adopt reasonable rules to insure that any vehicles used by such providers will be adequate for the proposed service; and to inspect the vehicles and otherwise regulate the safety of operations of each provider. The commission may charge fees to private, nonprofit transportation providers, which shall be approximately the same as the reasonable cost of regulating such providers.

NOTES:

Severability1979 c 111: See note following RCW 46.74.010.



Certificate requiredTransferabilityApplicationCarried in vehicle.

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

NOTES:

Severability1979 c 111: See note following RCW 46.74.010.



Insurance or bond required.

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

NOTES:

Severability1979 c 111: See note following RCW 46.74.010.



Suspension, revocation, or alteration of certificate.

The commission may, at any time, by its order duly entered after notice to the holder of any certificate issued under this chapter, and an opportunity for a hearing, at which it is proven that the holder has willfully violated or refused to observe any of the commission's proper orders, rules, or regulations, suspend, revoke, alter, or amend any certificate issued under this chapter, but the holder of the certificate shall have all the rights of rehearing, review, and appeal as to the order of the commission as is provided for in chapter 34.05 RCW.

NOTES:

Severability1979 c 111: See note following RCW 46.74.010.