Wash. Admin. Code § 296-17A-1401

Current through Register Vol. 24-17, September 1, 2024
Section 296-17A-1401 - Classification 1401

1401-01 Passenger transportation companies - Flat rate by driver

This classification is for reporting drivers on a flat rate of 480 hours per driver each quarter.

Applies to:

Businesses providing passenger transportation to others, including:

* Businesses that employ taxi or for-hire drivers as defined under either chapter 81.72 or 46.72 RCW; and WAC 296-17-35205, which describes special reporting.

* Taxi or for-hire drivers as defined under either chapter 81.72 or 46.72 RCW, and who own their own vehicles or who lease vehicles from others; and elect optional coverage as provided by RCW 51.32.030 and as defined in WAC 296-17-31007.

Work activities include, but are not limited to:

* Operation of the vehicle;

* Loading/unloading passengers' luggage;

* Assisting passengers in and out of the vehicle; and

* Incidental "cabulance" services which may be offered in conjunction with the taxi service.

Exclusions:

* Businesses that operate ambulance services are classified in 1405;

* Businesses that operate cabulance and paratransit services exclusively are classified in 1404;

* Dispatchers with no other job duties may be classified separately in 4904; and

* Work performing maintenance/repair of the vehicle is classified separately in 3411.

Special note: If all conditions are met for the general reporting rules about standard exception employees, businesses that furnish only a dispatch service for taxicab drivers who own their own vehicles, or who lease vehicles from others, may be classified separately in 4904. Employees of a taxicab dispatch service who perform maintenance/repair of vehicles are classified separately in 3411.

1401-02 Passenger transportation companies - Flat rate by vehicle

This classification is for reporting vehicles on a flat rate of 960 hours per vehicle each quarter.

Applies to:

Businesses providing passenger transportation to others, including:

* Businesses that employ taxi or for-hire drivers as defined under either chapter 81.72 or 46.72 RCW; and WAC 296-17-35205, which describes special reporting.

* Taxi or for-hire drivers as defined under either chapter 81.72 or 46.72 RCW, and who own their own vehicles or who lease vehicles from others; and elect optional coverage as provided by RCW 51.32.030 and as defined in WAC 296-17-31007.

Work activities include, but are not limited to:

* Operation of the vehicle;

* Loading/unloading passengers' luggage;

* Assisting passengers in and out of the vehicle; and

* Incidental "cabulance" services which may be offered in conjunction with the taxi service.

Exclusions:

* Businesses that operate ambulance services are classified in 1405;

* Businesses that operate cabulance and paratransit services exclusively are classified in 1404;

* Dispatchers with no other job duties may be classified separately in 4904; and

* Work performing maintenance/repair of the vehicle is classified separately in 3411.

Special note: If all conditions are met for the general reporting rules about standard exception employees, businesses that furnish only a dispatch service for taxicab drivers who own their own vehicles, or who lease vehicles from others, may be classified separately in 4904. Employees of a taxicab dispatch service who perform maintenance/repair of vehicles are classified separately in 3411.

1401-03 Passenger transportation companies - Actual hours

This classification is for reporting employees on an actual hours worked basis.

Applies to:

Businesses providing passenger transportation to others, including:

* Transportation network companies as defined in Title 49 RCW. Special reporting and coverage requirements in WAC 296-17-35205;

* Businesses that employ taxi or for-hire drivers as defined under either chapter 81.72 or 46.72 RCW; and WAC 296-17-35205, which describes special reporting.

* Taxi or for-hire drivers as defined under either chapter 81.72 or 46.72 RCW, and who own their own vehicles or who lease vehicles from others; and elect optional coverage as provided by RCW 51.32.030 and as defined in WAC 296-17-31007.

Work activities include, but are not limited to:

* Operation of the vehicle;

* Loading/unloading passengers' luggage;

* Assisting passengers in and out of the vehicle; and

* Incidental "cabulance" services which may be offered in conjunction with the taxi service.

Exclusions:

* Businesses that operate ambulance services are classified in 1405;

* Businesses that operate cabulance and paratransit services exclusively are classified in 1404;

* Dispatchers with no other job duties may be classified separately in 4904; and

* Work performing maintenance/repair of the vehicle is classified separately in 3411.

Special note: If all conditions are met for the general reporting rules about standard exception employees, businesses that furnish only a dispatch service for taxicab drivers who own their own vehicles, or who lease vehicles from others, may be classified separately in 4904. Employees of a taxicab dispatch service who perform maintenance/repair of vehicles are classified separately in 3411.

1401-04 Pedicab and horse-drawn carriage companies

Applies to businesses engaged in furnishing passenger transportation to others using pedicab or horse-drawn carriage.

Work activities include, but are not limited to:

* Operation of the vehicle;

* Assisting passengers in and out of the vehicle; and

* The care and feeding of animals while vehicle is available for transporting passengers.

Businesses in this classification report the actual hours their employees work and must maintain verifiable records.

Wash. Admin. Code § 296-17A-1401

Amended by WSR 15-19-081, Filed 9/15/2015, effective 10/16/2015
Amended by WSR 23-05-075, Filed 2/14/2023, effective 4/1/2023

Statutory Authority: RCW 51.04.020, 51.16.035, and 51.16.100. 11-24-022, § 296-17A-1401, filed 11/30/11, effective 1/1/12. 07-01-014, recodified as § 296-17A-1401, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.04.020. 00-14-052, § 296-17-542, filed 7/1/00, effective 7/1/00. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-542, filed 8/28/98, effective 10/1/98; 87-12-032 (Order 87-12), § 296-17-542, filed 5/29/87, effective 7/1/87; 85-24-032 (Order 85-33), § 296-17-542, filed 11/27/85, effective 1/1/86; 83-24-017 (Order 83-36), § 296-17-542, filed 11/30/83, effective 1/1/84; 82-24-047 (Order 82-38), § 296-17-542, filed 11/29/82, effective 1/1/83; Order 73-22, § 296-17-542, filed 11/9/73, effective 1/1/74.