Employer transp. services

AN ACT Relating to allowing certain private employer 1
transportation services to use certain public transportation 2
facilities; and amending RCW 47.52.025 and 46.61.165.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 47.52.025 and 2023 c 290 s 8 are each amended to 5
read as follows: 6
(1) Highway authorities of the state, counties, and incorporated 7
cities and towns, in addition to the specific powers granted in this 8
chapter, shall also have, and may exercise, relative to limited 9
access facilities, any and all additional authority, now or hereafter 10
vested in them relative to highways or streets within their 11
respective jurisdictions, and may regulate, restrict, or prohibit the 12
use of such limited access facilities by various classes of vehicles 13
or traffic. Such highway authorities may reserve any limited access 14
facility or portions thereof, including designated lanes or ramps for 15
the exclusive or preferential use of (a) public transportation 16
vehicles, (b) privately owned buses, (c) motorcycles, (d) private 17
motor vehicles carrying not less than a specified number of 18
passengers, (e) organ transport vehicles transporting a time urgent 19
organ or a time sensitive organ or tissue donor as defined in RCW 20
68.64.010, or (f) the following private transportation provider 21
H-1311.2
HOUSE BILL 1980
State of Washington 69th Legislature 2025 Regular Session
By Representatives Zahn, Salahuddin, Parshley, Springer, Timmons,
Street, Berg, Leavitt, Thai, and Low
Read first time 02/14/25. Referred to Committee on Transportation.
p. 1 HB 1980
vehicles if the vehicle has the capacity to carry eight or more 1
passengers, regardless of the number of passengers in the vehicle, 2
and if such use does not interfere with the efficiency, reliability, 3
and safety of public transportation operations: (i) Auto 4
transportation company vehicles regulated under chapter 81.68 RCW; 5
(ii) passenger charter carrier vehicles regulated under chapter 81.70 6
RCW, except marked or unmarked stretch limousines and stretch sport 7
utility vehicles as defined under department of licensing rules; 8
(iii) private nonprofit transportation provider vehicles regulated 9
under chapter 81.66 RCW; and (iv) private employer transportation 10
service vehicles, when such limitation will increase the efficient 11
utilization of the highway facility or will aid in the conservation 12
of energy resources. Regulations authorizing such exclusive or 13
preferential use of a highway facility may be declared to be 14
effective at all time or at specified times of day or on specified 15
days. 16
(2) Any transit-only lanes that allow other vehicles to access 17
abutting businesses that are reserved pursuant to subsection (1) of 18
this section may not be authorized for the use of private 19
transportation provider vehicles as described under subsection (1) of 20
this section , except in counties with a population over 2,000,000 21
persons where local authorities have established a permit process for 22
private employer transportation services to apply for the use of 23
designated transit-only lanes, as described under subsection (4) of 24
this section. 25
(3) Highway authorities of the state, counties, or incorporated 26
cities and towns may prohibit the use of limited access facilities by 27
the following private transportation provider vehicles: (a) Auto 28
transportation company vehicles regulated under chapter 81.68 RCW; 29
(b) passenger charter carrier vehicles regulated under chapter 81.70 30
RCW, and marked or unmarked limousines and stretch sport utility 31
vehicles as defined under department of licensing rules; (c) private 32
nonprofit transportation provider vehicles regulated under chapter 33
81.66 RCW; and (d) private employer transportation service vehicles, 34
when the average transit speed in the high occupancy vehicle travel 35
lane fails to meet department standards and falls below 45 miles per 36
hour at least 90 percent of the time during the peak hours for two 37
consecutive months. 38
(4)(a) Local authorities are encouraged to establish a process 39
for private transportation providers, described under subsections (1) 40
p. 2 HB 1980
and (3) of this section, to apply for the use of limited access 1
facilities that are reserved for the exclusive or preferential use of 2
public transportation vehicles. 3
(b) The process must provide a list of facilities that the local 4
authority determines to be unavailable for use by the private 5
transportation provider and must provide the criteria used to reach 6
that determination. 7
(c) The application and review processes must be uniform and 8
should provide for an expeditious response by the authority.9
(5) For the purposes of this section, "private employer 10
transportation service" means regularly scheduled, fixed-route 11
transportation service that is similarly marked or identified to 12
display the business name or logo on the driver and passenger sides 13
of the vehicle, meets the annual certification requirements of the 14
department, and is offered by an employer for the benefit of its 15
employees. 16
Sec. 2. RCW 46.61.165 and 2023 c 290 s 7 are each amended to 17
read as follows: 18
(1) The state department of transportation and the local 19
authorities are authorized to reserve all or any portion of any 20
highway under their respective jurisdictions, including any 21
designated lane or ramp, for the exclusive or preferential use of one 22
or more of the following: (a) Public transportation vehicles; (b) 23
motorcycles; (c) private motor vehicles carrying no fewer than a 24
specified number of passengers; (d) organ transport vehicles 25
transporting a time urgent organ or a time sensitive organ or tissue 26
donor as defined in RCW 68.64.010; or (e) the following private 27
transportation provider vehicles if the vehicle has the capacity to 28
carry eight or more passengers, regardless of the number of 29
passengers in the vehicle, and if such use does not interfere with 30
the efficiency, reliability, and safety of public transportation 31
operations: (i) Auto transportation company vehicles regulated under 32
chapter 81.68 RCW; (ii) passenger charter carrier vehicles regulated 33
under chapter 81.70 RCW, except marked or unmarked stretch limousines 34
and stretch sport utility vehicles as defined under department of 35
licensing rules; (iii) private nonprofit transportation provider 36
vehicles regulated under chapter 81.66 RCW; and (iv) private employer 37
transportation service vehicles, when such limitation will increase 38
p. 3 HB 1980
the efficient utilization of the highway or will aid in the 1
conservation of energy resources. 2
(2) Any transit-only lanes that allow other vehicles to access 3
abutting businesses that are authorized pursuant to subsection (1) of 4
this section may not be authorized for the use of private 5
transportation provider vehicles as described under subsection (1) of 6
this section , except in counties with a population over 2,000,000 7
persons where local authorities have established a permit process for 8
private employer transportation services to apply for the use of 9
designated transit-only lanes, as described under subsection (5) of 10
this section. 11
(3) The state department of transportation and the local 12
authorities authorized to reserve all or any portion of any highway 13
under their respective jurisdictions, for exclusive or preferential 14
use, may prohibit the use of a high occupancy vehicle lane by the 15
following private transportation provider vehicles: (a) Auto 16
transportation company vehicles regulated under chapter 81.68 RCW; 17
(b) passenger charter carrier vehicles regulated under chapter 81.70 18
RCW, and marked or unmarked limousines and stretch sport utility 19
vehicles as defined under department of licensing rules; (c) private 20
nonprofit transportation provider vehicles regulated under chapter 21
81.66 RCW; and (d) private employer transportation service vehicles, 22
when the average transit speed in the high occupancy vehicle lane 23
fails to meet department of transportation standards and falls below 24
45 miles per hour at least 90 percent of the time during the peak 25
hours, as determined by the department of transportation or the local 26
authority, whichever operates the facility. 27
(4) Regulations authorizing such exclusive or preferential use of 28
a highway facility may be declared to be effective at all times or at 29
specified times of day or on specified days. Violation of a 30
restriction of highway usage prescribed by the appropriate authority 31
under this section is a traffic infraction. A person who commits a 32
traffic infraction under this section is also subject to additional 33
monetary penalties as defined in this subsection. The additional 34
monetary penalties are separate from the base penalty, fees, and 35
assessments issued for the traffic infraction and are intended to 36
raise awareness, and improve the efficiency, of the high occupancy 37
vehicle lane system. 38
(a) Whenever a person commits a traffic infraction under this 39
section, an additional monetary penalty of $50 must be collected, 40
p. 4 HB 1980
and, in the case that a person has already committed a violation 1
under this section within two years of committing this violation, 2
then an additional $150 must be collected. 3
(b) Any time a person commits a traffic infraction under this 4
section and is using a dummy, doll, or other human facsimile to make 5
it appear that an additional person is in the vehicle, the person 6
must be assessed a $200 penalty, which is in addition to the 7
penalties in (a) of this subsection. 8
(c) The monetary penalties under (a) and (b) of this subsection 9
are additional, separate, and distinct penalties from the base 10
penalty and are not subject to fees or assessments specified in RCW 11
46.63.110, 3.62.090, and 2.68.040. 12
(d)(i) The additional penalties collected under (a) of this 13
subsection must be distributed as follows: 14
(A) Twenty-five percent must be deposited into the congestion 15
relief and traffic safety account created under RCW 46.68.398; and16
(B) Seventy-five percent must be deposited into the motor vehicle 17
fund created under RCW 46.68.070. 18
(ii) The additional penalty collected under (b) of this 19
subsection must be deposited into the congestion relief and traffic 20
safety account created under RCW 46.68.398. 21
(e) Violations committed under this section are excluded from 22
eligibility as a moving violation for driver's license suspension 23
under RCW 46.20.289 when a person subsequently fails to respond to a 24
notice of traffic infraction for this moving violation, fails to 25
appear at a requested hearing for this moving violation, violates a 26
written promise to appear in court for a notice of infraction for 27
this moving violation, or fails to comply with the terms of a notice 28
of traffic infraction for this moving violation. 29
(5) Local authorities are encouraged to establish a process for 30
private transportation providers, as described under subsections (1) 31
and (3) of this section, to apply for the use of public 32
transportation facilities reserved for the exclusive or preferential 33
use of public transportation vehicles. The application and review 34
processes should be uniform and should provide for an expeditious 35
response by the local authority. Whenever practicable, local 36
authorities should enter into agreements with such private 37
transportation providers to allow for the reasonable use of these 38
facilities. 39
p. 5 HB 1980
(6) For the purposes of this section, "private employer 1
transportation service" means regularly scheduled, fixed-route 2
transportation service that is similarly marked or identified to 3
display the business name or logo on the driver and passenger sides 4
of the vehicle, meets the annual certification requirements of the 5
department of transportation, and is offered by an employer for the 6
benefit of its employees. 7
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p. 6 HB 1980