Washington § 47.52.025 - Additional powers — Controlling use of limited access facilities — High occupancy vehicle lanes — Definition.

(1) Highway authorities of the state, counties, and incorporated cities and towns, in addition to the specific powers granted in this chapter, shall also have, and may exercise, relative to limited access facilities, any and all additional authority, now or hereafter vested in them relative to highways or streets within their respective jurisdictions, and may regulate, restrict, or prohibit the use of such limited access facilities by various classes of vehicles or traffic. Such highway authorities may reserve any limited access facility or portions thereof, including designated lanes or ramps for the exclusive or preferential use of (a) public transportation vehicles, (b) privately owned buses, (c) motorcycles, (d) private motor vehicles carrying not less than a specified number of passengers, (e) organ transport vehicles transporting a time urgent organ or a time sensitive organ or tissue donor as defined in RCW 68.64.010, or (f) the following private transportation provider vehicles if the vehicle has the capacity to carry eight or more passengers, regardless of the number of passengers in the vehicle, and if such use does not interfere with the efficiency, reliability, and safety of public transportation operations: (i) Auto transportation company vehicles regulated under chapter 81.68 RCW; (ii) passenger charter carrier vehicles regulated under chapter 81.70 RCW, except marked or unmarked stretch limousines and stretch sport utility vehicles as defined under department of licensing rules; (iii) private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and (iv) private employer transportation service vehicles, when such limitation will increase the efficient utilization of the highway facility or will aid in the conservation of energy resources. Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all time or at specified times of day or on specified days.

(2)(a) Any transit-only lanes that allow other vehicles to access abutting businesses that are reserved pursuant to subsection (1) of this section may not be authorized for the use of private transportation provider vehicles as described under subsection (1) of this section, except as provided in (b) of this subsection (2).

(b)(i) In counties with a population over 2,000,000 persons, local authorities may, with the approval of the public transportation provider or providers, authorize two-year pilot programs that grant a fee-for-use permit that meets requirements of subsection (4) of this section authorizing private transportation employer services to use transit-only lanes that allow other vehicles to access abutting businesses, provided the public transportation provider, in consultation with the local authority and representatives of one or more labor organizations representing transit employees, has established operational performance measures and standards for the transit-only lanes to ensure the lanes continue to provide for efficient, reliable, and safe public transportation operations. Pilot programs must be authorized to begin prior to 2035.

(ii) A pilot program must include development of recommendations for the implementation of an appropriate vehicle marking for private transportation employer service vehicles to display their authorization to use transit-only lanes, including identification of the recommended administrating entity or entities and recommendations for program monitoring and enforcement.

(c) Revenues generated by the fee-for-use permit authorized in this subsection (2) shall be allocated as follows:

(i) The local authority issuing the permit shall receive the amount of revenue required to recover the administrative costs of issuing the permit; and

(ii) Any additional revenue shall be used for the maintenance and improvement of the transit-only lane, consistent with public transportation provider plans; the legislature does not intend for this additional revenue to serve as a substitute for funding otherwise to be provided for this purpose.

(3) Highway authorities of the state, counties, or incorporated cities and towns may prohibit the use of limited access facilities by the following private transportation provider vehicles: (a) Auto transportation company vehicles regulated under chapter 81.68 RCW; (b) passenger charter carrier vehicles regulated under chapter 81.70 RCW, and marked or unmarked limousines and stretch sport utility vehicles as defined under department of licensing rules; (c) private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and (d) private employer transportation service vehicles, when the average transit speed in the high occupancy vehicle travel lane fails to meet department standards and falls below 45 miles per hour at least 90 percent of the time during the peak hours for two consecutive months.

(4)(a) Local authorities, with the approval of the public transportation provider or providers, are encouraged to establish a process for private transportation providers, described under subsections (1) and (3) of this section, to apply for the use of limited access facilities that are reserved for the exclusive or preferential use of public transportation vehicles.

(b) The process must provide a list of facilities that the local authority and public transportation provider or providers determine to be unavailable for use by the private transportation provider and must provide the criteria used to reach that determination.

(c) Local authorities, in coordination with public transportation providers, are required to prepare an annual report and assess, with input from representatives of one or more labor organizations representing transit employees, if the established performance measures and standards are being met. If at least one of the performance measures or standards is not being met, the permit must be revoked until such time as conditions in the transit-only lane have changed to allow the performance measures and standards to be achieved. The development and reporting [of] out of performance metrics is a shared responsibility between the local authority and the transit agency.

(5) For the purposes of this section, "private employer transportation service" means regularly scheduled, fixed-route transportation service that is similarly marked or identified to display the business name or logo on the driver and passenger sides of the vehicle, meets the annual certification requirements of the department, and is offered by an employer for the benefit of its employees.

Conflict with state and federal environmental mitigation requirements—2011 c 379: See note following RCW 46.61.165.

High occupancy vehicle lanes: RCW 46.61.165.