wa-26-21-010: Washington State Patrol — WSR 26-21-010

WSR 26-21-010 (26-21)WSR 26-21-010PROPOSED RULESWASHINGTON STATE PATROL[Filed October 8, 2026, 4:58 p.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-17-094.Hearing Location(s): On November 24, 2026, at 10:00 a.m., at Washington State Patrol (WSP), Helen Somers Building, 106 11th Street S.E., Room 4020, Olympia, WA 98507 [98501].Date of Intended Adoption: November 24, 2026.Submit Written Comments to: Kimberly Mathis, Rules Coordinator, 106 11th Street S.E., Olympia, WA 98507 [98501], email wsprules@wsp.wa.gov, beginning October 7, 2026, at 1:00 p.m., by November 24, 2026, 11:00 a.m.Assistance for Persons with Disabilities: Contact Kimberly Mathis, rules coordinator, phone 360-596-4017, email wsprules@wsp.wa.gov, by November 24, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to amend WAC 204-21-230 to clarify the use of flashing white warning lamps on highway maintenance vehicles and certain snow removal vehicles. The amendment will provide consistency with existing provisions in chapter 204-21 WAC that authorize these vehicles to use flashing white warning lamps.Reasons Supporting Proposal: The proposed amendments are needed to resolve an inconsistency within chapter 204-21 WAC. Existing provisions authorize highway maintenance vehicles and certain snow removal vehicles to use flashing white warning lamps, while WAC 204-21-230 prohibits flashing white lights without expressly including these vehicles as an exception. The amendment will clarify the rule and provide consistency within the chapter.Statutory Authority for Adoption: RCW 46.37.005, 46.37.195, 46.37.300, and 46.37.320.Statute Being Implemented: RCW 46.37.005, 46.37.195, 46.37.300, and 46.37.320.Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: WSP, governmental.Name of Agency Personnel Responsible for Drafting: Kimberly Mathis, Olympia, Washington, 360-596-4017; Implementation and Enforcement: WSP, Olympia, Washington, 360-596-4017.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required per RCW 34.05.328 (5)(a)(i) - (ii) and (b)(iii).This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.Is exempt under RCW 19.85.025(4).Scope of exemption for rule proposal:Is fully exempt.October 6, 2026John R. BatisteChiefRDS-7368.1AMENDATORY SECTION(Amending WSR 26-08-036, filed 3/25/26, effective 4/25/26)WAC 204-21-230Lighting equipment prohibited.(1) The addition of a lamp, reflective device or other motor vehicle equipment must not impair the effectiveness of lighting equipment required by 49 C.F.R. Part 571.108, as it exists on February 22, 2022, or chapter 46.37 RCW.(a) If a vehicle is in motion on a public roadway, the vehicle must not:(i) Display aftermarket neon lighting devices.(ii) Combine any type of letter, number, sign, symbol or combination thereof with an eye level brake light meeting the standards of 49 C.F.R. Part 571.108 (FMVSS 108). No function other than red reflex reflectors will be combined in eye level brake lights.(iii) Have a lighted or electrically/mechanically powered sign or message board enabling change or movement of any displayed message to be displayed or affixed to the vehicle. Except:(A) Vehicles that are used in conjunction with officially sanctioned or sponsored motor vehicle traffic control or movement may display lighted or electrically powered signs to assist in the efficient control of traffic movement on public roadways. The signs must be designed, worded, and located to limit misinterpretation and confusion by the motoring public.(B) Electric signs may be unitized to identify taxicabs and the destinations of mass transportation vehicles. These signs must not contain any commercial or personal message and must be designed, worded, and located so that it is clearly differentiated from other required motor vehicle lights.(b) If a vehicle is not in motion and parked on private property, the vehicle may use aftermarket lighting except as outlined under RCW 46.37.180.(c) This section is not intended to prohibit a scrolling sign provided that the scrolling sign must:(i) Be powered by an external source or in a manner which does not cause the required equipment on the vehicle to be out of compliance with 49 C.F.R. Part 571, chapter 46.37 RCW or Title 204 WAC.(ii) Not be lit.(iii) Not have continual motion.(2) Pursuant to Title 49 C.F.R. Part 571.108, the addition of an aftermarket style ornament or other feature such as tinted plastic glass covers, a grille or slotted covers must not be placed in front of the headlamp lens, or in front of any other lighting devices installed on motor vehicles which impair the effectiveness of lighting equipment required under 49 C.F.R. Part 571.108 (FMVSS 108) or chapter 46.37 RCW. Except:(a) Clear aftermarket headlamp covers.(b) Headlamp wipers may be used in front of the lens provided that the headlamp system is designed to conform to all applicable photometric requirements in 49 C.F.R. Part 571.108 (FMVSS 108) with the wiper stopped in any position in front of the lens.(c) A bike rack may be installed on the front of a municipal transit vehicle (as defined under RCW 46.04.355) provided that even with the bike rack installed, loaded or unloaded with bicycles, the headlight system still conforms with all applicable photometric requirements in 49 C.F.R. Part 571.108 (FMVSS 108).(3) Red emergency lights are prohibited on any vehicle other than an authorized emergency vehicle, a law enforcement vehicle, an emergency tow truck as defined in WAC 204-21-020(8), school buses, and private carrier buses.(4) Blue lights are prohibited on any vehicle other than a law enforcement vehicle as defined in WAC 204-21-020, a fire department vehicle as authorized in RCW 46.37.184, and an emergency tow truck as authorized in RCW 46.37.196.(5) Flashing white lights are prohibited on any vehicle other than:(a) An authorized emergency vehicle((s,));(b) A law enforcement vehicle((s,));(c) A fire department vehicle;(d) A school ((buses, and))bus;(e) A emergency tow truck((s)) as defined in WAC 204-21-020;(f) A highway maintenance vehicle; and(g) A snow removal vehicle owner or operated by a state, county, or municipal agency.(6) Green lamps are prohibited on any vehicle other than:(a) A firefighter's private vehicle as authorized in RCW 46.37.185;(b) A highway maintenance vehicle; and (c) A snow removal vehicle owned or operated by a state, county, or municipal agency.