AGO 1971 No. 36.

Case DateNovember 26, 1971
CourtWashington
Washington Attorney General Opinions 1971. AGO 1971 No. 36. November 26, 1971[Orig. Op. Page 1]PRIVATEOFFICES AND OFFICERS -- STATE -- TOLL BRIDGE AUTHORITY -- RESERVING OF ONE LANE OF EVERGREEN POINT BRIDGE FOR EXCLUSIVE BUS TRANSIT AND CAR POOL USE.(1) The Washington toll bridge authority resolution authorizing issuance of bonds for the Evergreen Point Toll Bridge does not prohibit the highway commission from reserving a lane of the bridge for exclusive transit use.(2) RCW 47.52.025 authorizing the highway authorities of the state, counties, and cities to regulate, restrict, and prohibit the use of limited access facilities by the various classes of vehicles or traffic empowers the state highway commission to restrict the use of a highway lane across the Evergreen Point Toll Bridge for exclusive transit use.(3) Additional legislation will be required to authorize the highway commission to give preferential use of lanes to cars carrying a specified minimum number of passengers.Honorable G. K. Jeff Douthwaite State Representative, District 32A 5518 - 31st N.E. Seattle, WashingtonCite as: AGO 1971 No. 36Dear Sir: You have asked for an opinion of this office regarding the legality of reserving one lane of the Evergreen Point Bridge for exclusive bus transit and for car pool use. You have specifically inquired (a) whether any of the covenants of the Washington toll bridge authority resolution authorizing the issuance of bonds for financing construction of the Evergreen Point Bridge would prohibit the assignment of a bridge lane for exclusive transit or car pool use; and (b) whether the highway commission possesses the requisite authority so to regulate the use of this facility. We conclude that both the statutes authorizing the construction and operation of the Evergreen Point Toll Bridge [Orig. Op. Page 2] and the bond resolution would permit the highway commission to reserve one lane of the bridge for exclusive bus transit use. However, additional legislation will be required to authorize the commission to give preferential use of lanes to cars carrying a specified minimum number of passengers. ANALYSIS The second Lake Washington toll bridge, commonly referred to as the Evergreen Point Toll Bridge, was authorized by chapter 266, Laws of 1957, now codified as RCW 47.56.281 - 47.56.286. Pursuant to the legislative act...

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