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WAC 308-83-150

Disqualification of chauffeurs.

As provided under RCW 46.72A.100, a person may be disqualified from driving as a chauffeur and the director may impose any of the sanctions specified in RCW 18.235.110 on the limousine carrier if the carrier employs someone whose documentation indicates that person is not qualified. Disqualification by the limousine carrier or the department is warranted if any of the following is true:
(1) A chauffeur fails to provide proof of meeting all of the criteria in RCW 46.72A.090 in the form and format described in WAC 308-83-140;
(2) A chauffeur is convicted of, or is found to have committed in the previous two years, two or more serious traffic violations, as defined under RCW 46.25.010 and WAC 308-100-130, while driving a motor vehicle of any kind;
(3) The chauffeur has had, within the previous five years, a conviction of a crime pertaining to:
(a) Prostitution;
(b) Gambling;
(c) Physical violence;
(d) Use of a machine gun in a felony (RCW 9.41.225);
(e) Felonies not defined by Title 9A RCW, if the maximum sentence of imprisonment authorized by law upon the first conviction of such felony is twenty years or more (RCW 9.94A.035);
(f) Criminal attempt when the crime attempted is murder in the first, murder in the second, or arson in the first (RCW 9A.28.020);
(g) Criminal conspiracy when the object of the conspiratorial agreement is murder in the first (RCW 9A.28.040);
(h) Murder in the first (RCW 9A.32.030);
(i) Murder in the second (RCW 9A.32.050);
(j) Homicide by abuse (RCW 9A.32.055);
(k) Manslaughter in the first (RCW 9A.32.060);
(l) Assault in the first (RCW 9A.36.011);
(m) Assault of a child in the first (RCW 9A.36.120);
(n) Kidnapping in the first (RCW 9A.40.020);
(o) Rape in the first (RCW 9A.44.040);
(p) Rape in the second (RCW 9A.44.050);
(q) Rape of a child in the first (RCW 9A.44.073);
(r) Rape of a child in the second (RCW 9A.44.076);
(s) Child molestation in the first (RCW 9A.44.083);
(t) Arson in the first (RCW 9A.48.020);
(u) Burglary in the first (RCW 9A.52.020);
(v) Robbery in the first (RCW 9A.56.200);
(w) Rendering criminal assistance in the first if to a person who has committed or is being sought for murder in the first or any class A felony or equivalent juvenile offense (RCW 9A.76.070);
(x) Bail jumping if the person was held for, charged with, or convicted of murder in the first (RCW 9A.76.170);
(y) Leading organized crime as defined under RCW 9A.82.060 (1)(a);
(z) Malicious placement of an explosive in the first (RCW 70.74.270);
(aa) Malicious explosion of a substance in the first (RCW 70.74.280);
(bb) Malicious explosion of a substance in the second (RCW 70.74.280);
(cc) Homicide by watercraft (RCW 79A.60.050); or
(dd) Any crime directly related to the occupation of chauffeur, including: Crimes concerning honesty and integrity including, but not limited to, fraud, larceny, burglary, and extortion;
(4) A chauffeur is a registered sex offender;
(5) A chauffeur has been found to have exhibited past conduct in driving or operating a vehicle that would lead the director to reasonably conclude that the applicant will not comply with the provisions of the chapter related to driver and operator conduct and the safe operation of the vehicle;
(6) The medical examiner's certificate is expired or is incomplete or the chauffeur's physical fitness has been called into question; or
(7) A report has been received by the department under RCW 46.72A.090 that the chauffeur has received a verified positive drug test or positive alcohol confirmation test as part of the testing program conducted under 49 C.F.R. 40. A report that a chauffeur has refused a drug test, under circumstances that constitute the refusal of a federal department of transportation drug test under 49 C.F.R. 40, will be considered equivalent to a report of a verified positive drug test for the purposes of this section.
[Statutory Authority: Chapters 46.72A, 43.24, and 46.04 RCW. WSR 17-20-019, § 308-83-150, filed 9/26/17, effective 10/27/17. Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-150, filed 12/29/11, effective 2/1/12.]
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