BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
THE WASHINGTON UTILITIES AND       )         
TRANSPORTATION COMMISSION        ) 
                                                       )         DOCKET NO. 
TR-001106 
                 Petitioner,                             )
                                                       )         ORDER GRANTING 
PETITION TO 
        vs.                                               )         INSTALL " 
EXEMPT" SIGNS AT THE
                                                       )         OFFUT LAKE 
ROAD HIGHWAY-RAIL 
THURSTON COUNTY                            )         GRADE CROSSING
        AND                                              )
TACOMA RAIL                                     )
                                                       )         D.O.T.         
000109X
                 Respondents                            )         
W.U.T.C.         20 HSA 32.2 - 9.00
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  )
BACKGROUND
                  On July 19, 2000, the Washington Utilities and Transportation 
Commission filed a petition on its own motion seeking authority to direct the 
installation of  "Exempt" signs at a grade crossing. The crossing is located at 
the intersection of the tracks of Tacoma Rail and Offut Lake Road, in the SE 
1/4 of the NW 1/4 of Section 6, Township 16 N, Range 1 W, W.M., in Thurston 
County, Washington. 
                  Respondents have consented to the entry of an order by the 
Commission without further notice or hearing.
DISCUSSION 
                  Offut Lake Road, in the vicinity of the crossing, is 
classified as a minor collector, with an estimated 1,157 vehicles that use the 
crossing daily. The crossing is also part of a designated bus route for school 
and transit buses that serve the surrounding communities.
                  The intersecting track is a spur that is owned by Tacoma 
Rail. The crossing is currently not experiencing train traffic due to the 
discontinuance of operations on the spur by the railroad. The spur tracks have 
not been used or maintained for several years, and as a result have become 
overgrown with various small trees, shrubs, and other vegetation. The tracks 
are also blocked by a gate immediately north of the crossing.
                  The crossing is equipped with passive warning devices, 
including crossbucks and advance warning signs. Regardless of the fact that the 
track is not active, RCW 46.61.350 directs that school buses, other buses 
carrying passengers for hire, and transporters of hazardous materials must stop 
at all passive highway-rail grade crossings except "...Any railroad grade 
crossing at which an official traffic control device as designated by the 
Utilities and Transportation Commission pursuant to RCW 81.53.060 (Exempt sign) 
gives notice that the stopping requirement imposed by this section does not 
apply." 
                  Drivers of buses that are currently required to make stops at 
the Offut Lake Road crossing have expressed concerns to Commission staff about 
the potential for vehicle collisions that may result from the "unsafe" actions 
of some motorists in reaction to the stops made by buses at the crossing. The 
installation of Exempt signs will relieve buses and other vehicles required to 
stop at the crossing of this obligation and create a safer condition at the 
crossing for the motoring public.
                  Tacoma Rail has also stated that, if they decide to put the 
track back in service, the railroad will issue a  "stop and protect" order that 
would direct the train crew to stop short of the crossing and flag the train 
through the intersection.
                  Commission Staff have filed this petition upon an 
investigation of complaints from bus drivers that serve the vicinity where the 
crossing is located, and have recommended that the installation be directed.
                  The Commissioners have reviewed the petition and have been 
fully advised in the matter. They believe that granting the petition, subject 
to the conditions set forth below, is in the public interest, and direct the 
Secretary to issue the order.
ORDER 
                  THE COMMISSION GRANTS the petition for installation of Exempt 
signs 
at the highway-rail grade crossing located at the intersection of Offut Lake 
Road and the Tracks of Tacoma Rail in Thurston County, Washington, subject to 
the following conditions:
                  1. The railroad must install an R15-3 sign, bearing the word 
"EXEMPT" below the crossbuck signs for each approach, as specified in the U.S. 
Department of Transportation Manual on Uniform Traffic Control Devices.
                  2. The road authority must install a supplemental W10-1a 
sign, bearing the word "EXEMPT" below the crossbuck signs for each approach, as 
specified in the U.S. Department of Transportation Manual on Uniform Traffic 
Control Devices.
                 3. Whenever the railroad plans to put the track back in 
service, it must notify Commission Staff at least 30 days before resuming 
operations.
                4. Upon completing the installation herein authorized, 
respondents must report completion to the Commission. Acceptance of the 
installation is subject to an inspection and report by Commission Staff, 
verifying that the installation is in full compliance with law and regulation, 
and the conditions specified herein.
         Dated at Olympia, Washington, and effective this 30th day of August, 
2000.
WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
                                                              CAROLE J. 
WASHBURN, Secretary