Wash. Admin. Code § 308-83-010 - Definitions
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter and chapter 46.72A RCW.
(1) "Amenities" means equipment
or features added to a vehicle for the comfort or convenience of the occupants:
(a) "Standard amenities" means standard
factory amenities normally found in passenger cars;
(b) "Nonstandard amenities" means amenities
not normally found in passenger cars. These amenities may include, but are not
limited to, a television, musical sound system, telephone, ice storage,
refrigerator, power-operated dividers, or additional interior
lighting.
(2) "Business
license" or "limousine carrier business license" means a license issued under
chapter 19.02 RCW, which contains an endorsement indicating the business to
which the license is issued is authorized to provide limousine carrier
services.
(3) "Business licensing
service" means the program within the Washington state department of revenue
authorized by chapter 19.02 RCW to issue the business license.
(4) "Business office" refers to the physical
location where a limousine carrier business maintains its business records, as
defined in WAC
308-83-130. The business office
is the physical address on file with the business licensing service. The
business office is the place where the business license is posted.
(5) "Business owner" means an individual,
partnership, corporation, association, or other person(s), or group that holds
a substantial interest in a limousine carrier business.
(6) "Chauffeur" means a person who operates a
limousine.
(7) "Decal" means a
sticker issued by the department to indicate the vehicle displaying the decal
has a valid limousine vehicle certificate.
(8) "Department" means the Washington state
department of licensing.
(9)
"Dispatch log" refers to a paper or electronic record of assignments made to
chauffeurs, and includes all information from the passenger manifest(s) for a
given period, as well as the time each ride was arranged, the limousine, and
the chauffeur assigned to the customer. The dispatch log also documents
passengers referred by or to other drivers or businesses.
(10) "Disqualification" means a prohibition
against driving a limousine.
(11)
"Drugs" are those substances as defined by
RCW
69.04.009 including, but not limited to,
those substances defined by 49 C.F.R. 40.3.
(12) "Limousine" has the same meaning as in
RCW
46.04.274 and includes vehicles that meet one
of the following definitions:
(a) "Stretch
limousine" means an automobile with a seating capacity behind the driver of not
less than four passengers and not more than 14 passengers, and a maximum
wheelbase of 285 inches. The wheelbase has been factory or otherwise altered
beyond the original manufacturer's specifications and meets standards of the
United States Department of Transportation. A stretch limousine must be
equipped with nonstandard amenities in the rear seating area.
(b) "Executive sedan" means a four-door sedan
or crossover automobile having a seating capacity behind the driver of not more
than three passengers, and a minimum wheelbase of 112 inches or is designated
as a large car under 40
C.F.R. 600.315-08, and has a manufacturer's
suggested retail price when new of no less than $35,000. The department may
provide guidelines for qualified vehicles on our website. An executive sedan
must at a minimum be equipped with standard amenities, and the wheelbase may
not be altered.
(c) "Executive van"
means a van or minivan, having a seating capacity behind the driver of not less
than five passengers and not more than 14 passengers.
(d) "Classic car" means a fine or
distinctive, American or foreign automobile that is 30 years old or
older.
(e) "Executive sport utility
vehicle" means a sport utility vehicle with a seating capacity behind the
driver of not less than three passengers and not more than six passengers, and
a minimum wheelbase of 112 inches that has not been altered.
(f) "Stretch sport utility vehicle" means a
sport utility vehicle with a seating capacity behind the driver of not less
than four and not more than 14 passengers, and a maximum wheelbase of 325
inches that has been factory or otherwise altered beyond the original
manufacturer's specifications and meets standards of the United States
Department of Transportation. A stretch sport utility vehicle must be equipped
with nonstandard amenities in the rear seating area.
(13) "Limousine carrier" or "carrier" is a
business licensed, or required to be licensed by the department to provide
limousine services, in accordance with
RCW
46.04.276 and department
regulations.
(14) "Nonresident
limousine carrier" refers to a limousine carrier or vehicle owner whose place
of business is not in Washington state.
(15) "Operate" refers to a person engaging in
the business of a limousine and includes driving, occupying, or otherwise using
a limousine to wait for, pick up, transport, or drop off a passenger for
compensation. Specific activities included in the definition of operating a
limousine are contained in WAC
308-83-210.
(16) "Passenger capacity" means the maximum
number of passengers that may be carried in a vehicle as determined by using
the information found on the label that is required by the United States
Department of Transportation to be affixed to the vehicle under 49 C.F.R.,
Parts 567 and 568. This label must be affixed to the vehicle in accordance to
49 C.F.R., Parts 567 and 568. In absence of the label, a member of the
Washington state patrol or the department may determine the passenger capacity
upon visual inspection of the vehicle.
(17) "Passenger manifest" refers to a daily
record that verifies prearranged trips. Specific requirements for the passenger
manifest are contained in WAC
308-83-200.
(18) "Person" or "persons" means an
individual, a corporation, association, sole proprietorship, joint stock
association, partnership, limited liability partnership, limited liability
company, or other association of people organized to conduct business. It also
includes their lessees, trustees, or receivers.
(19) "Prearranged" refers to a customer or
customer's agent having secured and agreed to the services and fare.
Prearranged means the agreement was made prior to the time of departure and at
a place different than the place of departure.
(20) "Public highway" includes every public
street, road, or highway in this state.
(21) "Substance abuse professional" means an
alcohol and drug specialist meeting the credentials, knowledge, training, and
continuing education requirements of
49 C.F.R.
40.281.
(22) "Unified business identifier" or "UBI"
is a nine digit number that registers a business with several state agencies
and allows an entity to do business in Washington state. It is sometimes called
a tax registration number, a business registration number, or a business
license number.
(23) "Vehicle
certificate" is a document issued by the department, indicating that the
vehicle is registered as a limousine. The vehicle certificate must be carried
in the limousine at all times. The vehicle certificate is not the vehicle
registration document.
Notes
Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. 12-02-035, § 308-83-010, filed 12/29/11, effective 2/1/12.
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