Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Chapter 308-100 WAC, Driver's licenses -- Special provisions.

Purpose: Make technical changes, incorporate provisions of state law, delete outdated provisions, and clarify language in rules relating to commercial driver's licenses and third-party testers.

Statutory Authority for Adoption: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140.

Statute Being Implemented: Chapter 46.25 RCW, RCW 46.20.041, 46.20.045, and 46.20.120.

Summary: Rules relating to commercial driver's licenses, operation of commercial motor vehicles, and third-party testers are being amended to make technical changes, incorporate provisions of state law, delete outdated provisions, and clarify language.

Reasons Supporting Proposal: Language is clarified in response to Executive Order 97-02. Outdated provisions are deleted due to legislative changes.

Name of Agency Personnel Responsible for Drafting: Clark J. Holloway, Highways-Licenses Building, (360) 902-3846; Implementation and Enforcement: Denise Movius, Highways-Licenses Building, (360) 902-3850.

Name of Proponent: Department of Licensing, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: No new rules are being proposed.

Proposal Changes the Following Existing Rules: Amending WAC 308-100-020, to delete outdated provisions and incorporate provisions of RCW 46.20.045 and federal regulations.

     Amending WAC 308-100-040, to clarify language and to incorporate a provision of WAC 308-100-050.

     Amending WAC 308-100-050, to clarify language and to incorporate a provision of RCW 46.25.060.

     Amending WAC 308-100-090, to delete outdated provisions and to incorporate provisions of RCW 46.25.060.

     Amending WAC 308-100-100, to delete outdated provisions and to incorporate provisions of RCW 46.20.041 and federal regulations.

     Amending WAC 308-100-110, to incorporate provisions of RCW 46.20.120(3) and federal regulations.

     Amending WAC 308-100-130, to make technical changes, clarify applicability in accordance with state law, and clarify language.

     Amending WAC 308-100-140, to clarify applicability in accordance with state law.

     Amending WAC 308-100-010, 308-100-150, and 308-100-190, to clarify language.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.025(3).

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The rules incorporate by reference without material change Washington state statutes, clarifies language, corrects technical errors without changing effect, and incorporates provisions of federal regulations.

Hearing Location: Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA, on August 25, 2000, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Clark J. Holloway by August 24, 2000, TTY (360) 664-0116.

Submit Written Comments to: Clark J. Holloway, Department of Licensing, P.O. Box 9030, Olympia, WA 98507-9030, fax (360) 586-8351, by August 24, 2000.

Date of Intended Adoption: August 28, 2000.

July 19, 2000

Denise M. Movius

Assistant Director

The director of the department of licensing hereby finds that the following vehicles require special operating skills by the drivers of those vehicles:

     (1) Single vehicles with a gross vehicle weight rating (GVWR) of 26,001 pounds or more((, and any such vehicle towing a vehicle with a GVWR not in excess of 10,000 pounds; or any single vehicles with a GVWR of less than 26,001 pounds or any such vehicle towing a vehicle with a GVWR not in excess of 10,000 pounds consisting of:));

     (2) Any combination of vehicles where:

     (a) The vehicle being driven has a GVWR of 26,001 pounds or more; or

     (b) The vehicle being towed has a GVWR of 10,001 pounds or more and the gross combination weight rating (GCWR) of the vehicles is 26,001 pounds or more;

     (((1))) (3) Vehicles designed to transport sixteen or more passengers, including the driver;

     (((2))) (4) Vehicles used in the transportation of hazardous materials that requires the vehicle to be identified with a placard under 49 C.F.R., part 172, subpart F; and

     (((3))) (5) All public school buses, regardless of capacity.

     All persons driving such vehicles, other than those exempt under RCW ((46.25.020)) 46.25.050, must have ((an endorsement on their driver's license designated as intermediate or must possess)) a commercial driver's license with the proper classification(s) and endorsements.

     As used in this section, "gross vehicle weight rating" has the meaning defined by RCW 46.25.010(12).      ((Drivers of trucks having two axles and with a GVWR of 26,001 pounds or more must obtain a commercial driver's license in the manner prescribed by WAC 308-100-100, no later than April 1, 1992.))

[Statutory Authority: RCW 46.01.110 and 46.25.140.      90-17-028, § 308-100-010, filed 8/8/90, effective 9/8/90.      Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16.      89-18-003, § 308-100-010, filed 8/24/89, effective 9/24/89.      Statutory Authority: RCW 46.01.110.      87-19-129 (Order DS 3), § 308-100-010, filed 9/22/87; 82-03-046 (Order 668 DOL), § 308-100-010, filed 1/19/82; Order 106 MV, § 308-100-010, filed 8/17/71; Order 691101, § 308-100-010, filed 11/26/69; Order 1, § 308-100-010, filed 1/5/68.]

The director of the department of licensing hereby finds that all combinations of vehicles with a gross combined weight rating (GCWR) of 26,001 pounds or more, if the GVWR of the vehicle being towed is in excess of 10,000 pounds, require special operating skills by the drivers of those combination vehicles.      All persons driving such combination vehicles must have an endorsement on their driver's licenses designated as combination or must possess a commercial driver's license with the proper classification(s))) Commercial driver's license--Eligibility. Any person who is at least eighteen years of age and who meets the requirements of chapter 46.25 RCW may apply to the department for a commercial driver's license.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16.      89-18-003, § 308-100-020, filed 8/24/89, effective 9/24/89.      Statutory Authority: RCW 46.01.110.      82-03-046 (Order 668 DOL), § 308-100-020, filed 1/19/82; Order 106 MV, § 308-100-020, filed 8/17/71; Order 1, § 308-100-020, filed 1/5/68.]

Persons receiving ((an endorsement or)) a commercial driver's license by virtue of a waiver will be required to pass a written examination testing their knowledge of motor vehicle laws, rules of the road, and of the ((type)) class of vehicle for which they are seeking the ((endorsement or)) commercial driver's license.

     Persons who receive ((an endorsement or)) a commercial driver's license, without a waiver, will be required to pass a written examination testing their knowledge of motor vehicle laws, rules of the road, and of the ((type)) class of vehicle for which they are seeking the ((endorsement or)) commercial driver's license.      They will also be required to demonstrate successfully their operating abilities for the ((type)) class of vehicle for which they seek the ((endorsement or)) commercial driver's license.

     The department may conduct written examinations in a group setting.      Group examinations may be conducted at job sites, union halls, or other locations deemed appropriate by the department. If the department is conducting the written examination in a group setting, the payment of the basic fee and knowledge examination fee may be deferred until the applicant completes his or her application for a commercial driver's license.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16.      89-18-003, § 308-100-040, filed 8/24/89, effective 9/24/89; Order 1, § 308-100-040, filed 1/5/68.]

The basic fee for obtaining or renewing any class of commercial driver's license shall be twenty dollars, unless the commercial driver's license is renewed or extended for a period other than five years, in which case the fee for each class shall not exceed four dollars for each year that the commercial driver's license is renewed or extended.      The examination fee for each ((classified)) commercial driver's license knowledge examination, ((classified)) commercial driver's license endorsement knowledge examination, or any combination of ((classified)) commercial driver's license and endorsement knowledge examinations, shall be ten dollars.      ((The applicant may take the same knowledge examination(s) up to three times without paying an additional fee.)) The examination fee for each ((classified)) commercial driver's license skill examination ((or combination of skill examinations)) conducted by the department shall be fifty dollars. An application for a commercial driver's instruction permit shall be accompanied by a fee of five dollars. Drivers selected for re-examination by the department may be subject to cost associated with the testing.      These fees are in addition to the regular drivers' licensing fees.      ((If the department is conducting the written examination in a group setting, the payment of the basic fee and knowledge examination fee may be deferred until the applicant completes his or her application for a commercial driver's license.))

[Statutory Authority: RCW 46.01.110, 46.20.470 and 46.20.505.      00-02-017, § 308-100-050, filed 12/27/99, effective 7/1/00.      Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16.      89-18-003, § 308-100-050, filed 8/24/89, effective 9/24/89.      Statutory Authority: RCW 46.01.110.      82-03-046 (Order 668 DOL), § 308-100-050, filed 1/19/82; Order 691101, § 308-100-050, filed 11/26/69; Order 1, § 308-100-050, filed 1/5/68.]

Any licensed driver may, upon filing an appropriate application along with the required fee, receive a motorcycle instruction permit.      Such instruction permit shall entitle the holder thereof to operate a motorcycle upon the public highways only under the direct visual supervision of a person who has a motorcycle endorsement upon his license.      In no event shall such instruction permit be construed to authorize any person other than the permit holder to ride upon a motorcycle while it is being operated under an instruction permit)). Any person who is at least eighteen years of age and who meets the requirements of RCW 46.25.060(4) may apply to the department for an instruction permit for the operation of a commercial motor vehicle. When operating a commercial motor vehicle on a highway, the instruction permit holder must be accompanied by the holder of a commercial driver's license valid for the vehicle being driven, with no less than two years of driving experience with the class of commercial motor vehicle being operated, and no less than five years of total driving experience. The holder of the commercial driver's license must occupy the seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.

[Order 108 MV, § 308-100-090, filed 9/14/71.]

((Any person with a driver's license which has an intermediate or combination endorsement, or who is engaged in the operation of a commercial motor vehicle, and who renews his or her driver's license between October 1, 1989, and December 31, 1991, inclusive, must obtain a commercial driver's license upon renewal in order to continue to operate a commercial motor vehicle.      Any person with a driver's license which has an intermediate or combination endorsement, or who is engaged in the operation of a commercial motor vehicle, and whose license expires after December 31, 1991, must obtain a commercial driver's license two years prior to the date their regular driver's license would otherwise expire in order to continue to operate a commercial motor vehicle.      The basic fee for a commercial driver license will be prorated to six dollars for persons who must obtain a commercial driver license prior to the expiration of their regular driver license.      A license with an intermediate or combination endorsement shall not authorize a person to operate a commercial motor vehicle after April 1, 1992.      Nothing in this section shall be construed to prevent the department from accelerating the commercial driver license conversion program when agreed to by an applicant or to prevent an applicant from taking a knowledge examination in a group setting prior to his or her scheduled conversion date)) A person who is not physically qualified to drive a commercial motor vehicle under section 391.41 of the Federal Motor Carrier Safety Regulations (49 C.F.R. 391.41), and who is otherwise qualified to drive a motor vehicle in the state of Washington, may apply to the department of licensing for an intrastate waiver. Upon receipt of the application for an intrastate waiver, the department shall review and evaluate the driver's physical qualifications to operate a motor vehicle in the state of Washington, and shall issue an intrastate waiver if the applicant meets all applicable licensing requirements and is qualified to operate a motor vehicle within the state of Washington.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16.      89-18-003, § 308-100-100, filed 8/24/89, effective 9/24/89.]

Except as otherwise provided by this section, any person who is outside the state at the time his or her commercial driver's license expires may request an extension or renewal by mail as permitted by RCW 46.20.120(3).      ((Upon request, the department may grant an extension)) The department shall not renew an endorsement to a commercial driver's license for the operation of a vehicle transporting hazardous materials by mail, and any extension granted for such endorsement shall be for no more than thirty forty-five days after the date the commercial driver's license would normally expire.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16.      89-18-003, § 308-100-110, filed 8/24/89, effective 9/24/89.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 89-18-003, filed 8/24/89)

WAC 308-100-130
Serious traffic violations.

In addition to the violations enumerated in ((section 3(16), chapter 178, Laws of 1989)) RCW 46.25.010(16), "Serious traffic violation" shall include:

     (1) Negligent driving in the first or second degree, as defined by RCW 46.61.5249 or 46.61.525;

     (2) Following too closely, as defined by RCW 46.61.145; ((and))

     (3) Failure to stop, as defined by RCW 46.61.055, 46.61.065, 46.61.195, 46.61.200, 46.61.340, 46.61.345, 46.61.350, 46.61.365, 46.61.370, or 46.61.375;

     (4) Failure to yield right of way, as defined by RCW 46.61.180, 46.61.185, 46.61.190, 46.61.202, 46.61.205, 46.61.210, 46.61.215, 46.61.220, 46.61.235, 46.61.245, 46.61.261, 46.61.300, or 46.61.427;

     (5) Speed too fast for conditions, as defined by RCW 46.61.400;

     (6) Improper lane change or travel, as defined by RCW 46.61.140; and

     (7) Improper or erratic lane changes, including ((violations of)):

     (a) ((RCW 46.61.115,)) improper overtaking on the right, as defined by RCW 46.61.115;

     (b) ((RCW 46.61.120,)) improper overtaking on the left, as defined by RCW 46.61.120; and

     (c) ((RCW 46.61.125, further limitations on)) improper driving to left of center of roadway, as defined by RCW 46.61.125.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16.      89-18-003, § 308-100-130, filed 8/24/89, effective 9/24/89.]

The department may enter into an agreement with third party testers to conduct the commercial driver's license classified skill examination.      An agreement will only be made where the department has determined that a need for a third party tester exists in the location covered by the third party tester, and that the third party tester is otherwise qualified. The department may suspend an agreement with a third party tester for any length of time upon a showing of good cause. An agreement between the department and a third party tester will be valid for no more than two years, provided that the department may extend an agreement for up to an additional two years at its discretion. The department may renew an agreement if it has determined that a need for a third party tester still exists in the location covered by the third party tester.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16.      89-18-003, § 308-100-140, filed 8/24/89, effective 9/24/89.]

A third party tester is a person meeting the minimum qualifications who is trained, tested and certified by the department to conduct a standardized behind-the-wheel test of a commercial driver, such test to be used in determining the driver's qualification to obtain a commercial driver's license.      A person applying to be a third party tester must meet the following requirements:

     (((a))) (1) ((Is)) Be qualified and licensed to operate and ((has)) have no less than two years of experience operating vehicles representative of the class of vehicle for which he or she would conduct testing and has no less than five years of total driving experience((.));

     (((b))) (2) A check of ((applicant's driver's)) the person's driving record shows:

     (((1))) (a) The ((applicant)) person has not been convicted or found to have committed any of the following offenses within the three year period preceding the date of application:

     (i) Driving a motor vehicle while under the influence of alcohol or any drug;

     (ii) Driving a commercial motor vehicle while the alcohol concentration in the person's system is 0.04 or more as determined by any testing methods approved by law in this state or any other state or jurisdiction;

     (iii) Leaving the scene of an accident involving a commercial motor vehicle driven by the person;

     (iv) Using a commercial motor vehicle in the commission of a felony; and

     (v) Refusing to submit to a test to determine the driver's alcohol concentration while driving a motor vehicle((.));

     (((2))) (b) No more than one conviction ((of)) or finding that the person committed a serious traffic violation((s)), as defined in WAC 308-100-130 (Serious traffic violations), within three years preceding the date of application((.));

     (((3))) (c) No driver's license suspension, cancellation, revocation, disqualification, or denial within three years preceding the date of application((.)); and

     (((4))) (d) No more than one conviction or finding that the person committed a moving traffic ((violations convictions)) violation within one year or more than three convictions or findings that the person committed moving traffic violations convictions within three years preceding the date of application. Defective equipment violations shall not be considered moving traffic violations for the purpose of determining the applicant's qualification((.));

     (((c))) (3) Complete an acceptable application on a form prescribed by the department((.));

     (((d))) (4) Have no conviction of a felony or any crime involving violence, dishonesty, deceit, indecency, degeneracy, or moral turpitude((.));

     (((e))) (5) Maintain or be employed by a business or agency in which driver testing records would be maintained and available to the state or federal representatives for announced or unannounced inspections and audits((.));

     (((f))) (6) ((Is)) Be or ((is)) be employed by a licensed business or government agency within the state of Washington or within fifty miles of state boundaries((.));

     (((g) If the applicant is part of a commercial (truck/bus) driver training facility the training course must approved by the department.)) (7) Submit to announced or unannounced audits; and

     (8) Attend all training required by the department of licensing.

     Failure to maintain the above qualifications will result in the termination of a third party tester agreement.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16.      89-18-003, § 308-100-150, filed 8/24/89, effective 9/24/89.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 89-18-003, filed 8/24/89)

WAC 308-100-190
Requirements for exceeding base fee.

A third party tester may petition the department for a waiver of the skill examination fee ceiling imposed by WAC 308-100-180 (THIRD PARTY TESTING FEE).      The third party tester shall indicate the amount of the proposed fee, the location of the test and provide detailed justification for the increase.      ((Where proper justification exists,)) The department may grant the higher fee, provided that the service cannot be performed within a reasonable time by another tester at the standard fee.      The department will may impose a reduction where warranted.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16.      89-18-003, § 308-100-190, filed 8/24/89, effective 9/24/89.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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