Original Notice.

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

Title of Rule: Chapter 308-104 WAC, Driver's licenses -- License requirements and license suspension, revocation, or denial.

Purpose: Consolidates definitions, clarifies language, makes technical corrections, and incorporates recent legislative changes.

Statutory Authority for Adoption: RCW 46.01.110.

Statute Being Implemented: Chapter 46.20 RCW.

Summary: Rules relating to driver's license requirements and the suspension, revocation, or denial of driver's licenses and driving privileges are being amended to make technical changes, incorporate provisions of state law, delete outdated provisions, and clarify language.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 Outdated provisions are deleted due to legislative changes.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Proposal Changes the Following Existing Rules: Amending WAC 308-104-004, to delete a provision superseded by RCW 46.20.021 and to consolidate definitions used in chapter 308-104 WAC.

     Amending WAC 308-104-006, to delete a definition moved to WAC 308-104-004.

     Amending WAC 308-104-008, 308-104-080, and 308-104-090, to clarify language.

     Amending WAC 308-104-012, to delete a definition moved to WAC 308-104-004, to clarify language, and to clarify procedure for requesting an agency hearing.

     Amending WAC 308-104-025 and 308-104-035, to make a technical correction.

     Amending WAC 308-104-047, to delete a definition moved to WAC 308-104-004.

     Amending WAC 308-104-056 and 308-104-070, to clarify language and accommodate recent legislative changes.

     Repealing WAC 308-104-060 and 308-104-120, which have been superseded by recent legislation.

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, and corrects technical errors without changing effect.

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

Assistance Director

As used in this chapter, unless the context requires otherwise, the term:

     (1) ((A "resident" is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis.      Evidence of residency includes but is not limited to:

     (a) Becoming a registered voter in this state; or

     (b) Receiving benefits under one of the Washington public assistance programs; or

     (c) Declaring that he or she is a resident for the purpose of obtaining a state license, including but not limited to hunting or fishing license, or tuition fees at resident rates.

     (2) The term "Washington public assistance programs" referred to in this chapter includes only public assistance programs for which more than fifty percent of the combined costs of benefits and administration are paid from state funds.      Programs which are not included within the term "Washington public assistance programs" pursuant to the above criteria include, but are not limited to, the food stamp program under the Federal Food Stamp Act of 1964; programs under the Child Nutrition Act of 1966, 42 U.S.C. Secs. 1771 through 1788; and aid to families with dependent children, 42 U.S.C. Secs. 601 through 606.

     (3) "Military personnel" means active members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned officers of the Public Health Service, and members of foreign military organizations assigned to this state on official duty.

     (4))) "Examination," for purposes of RCW 46.20.305, means any one or combination of the following:

     (a) A medical certificate to be completed by a competent medical authority;

     (b) A vision certificate to be completed by a competent vision authority such as an optometrist or ophthalmologist;

     (c) A psychiatric evaluation by a competent authority;

     (d) An alcohol or drug evaluation or report of progress in alcohol or drug treatment from an alcohol or drug treatment agency approved by the department of social and health services;

     (e) A re-examination of knowledge and driving ability conducted by a licensing services representative;

     (f) A special examination of knowledge and driving ability conducted by a licensing services representative;

     (2) "Jurisdiction" means a state, territory, or possession of the United States; the District of Columbia; or a province of Canada;

     (3) "Military personnel" means active members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned officers of the Public Health Service, and members of foreign military organizations assigned to this state on official duty. For purposes of this section, a person in the reserves will not be considered an "active member" unless he or she has been called to active duty for a period exceeding the full period specified for license expiration in RCW 46.20.181;

     (4) "State" means a state of the United States, the District of Columbia, or a United States territory or possession.

[Statutory Authority: RCW 46.01.110. 87-19-129 (Order DS 3), § 308 -104 -004, filed 9/22/87.]

(((1))) No person, except as expressly exempted by chapter 46.20 RCW or by this chapter, may drive any motor vehicle upon a highway in this state unless the person has in his or her possession a valid driver's license issued under the provisions of chapter 46.20 RCW.

     (((2) A new Washington resident must make application for a Washington state driver's license within thirty days of establishing residency.))

[Statutory Authority: RCW 46.01.110.      93-22-071, § 308-104-006, filed 11/1/93, effective 12/2/93; 87-19-129 (Order DS 3), § 308-104-006, filed 9/22/87.]

In addition to persons exempt from driver license requirement pursuant to RCW 46.20.025, the following persons are exempt from the requirement to obtain a valid driver's license ((requirement)) issued to Washington residents under chapter 46.20 RCW:

     (1) ((Nonresident)) A student who maintains his or her legal home of record at a location outside Washington state, or the spouse or dependent of the student, who is at least sixteen years of age and who has in his or her immediate possession a valid driver's license issued ((by)) to him or her in his or her home jurisdiction.      The student must be enrolled as a full-time nonresident student at an institution of higher learning in Washington accredited by the Northwest Association of Schools and Colleges or by an accrediting association recognized by the higher education board, or at a private vocational school as that term is defined by RCW 28C.10.020(7).      ((The student must maintain his or her legal home of record at a location outside the state of Washington.))      The student must carry documentation issued by the institution ((which)) that readily establishes his or her status as a nonresident student. A spouse or dependent of a nonresident student must carry a copy of the documentation issued to the student by the institution and documentation establishing the relationship with the student;

     (2) ((The spouse or dependent of the nonresident student has the same licensing privilege as the nonresident student if the spouse or dependent has a valid driver's license which was issued by the same jurisdiction as the nonresident student.      Documentation issued by the institution attended by a student must be carried by the spouse or dependent.

     (3) Nonresident)) Military personnel who are at least sixteen years of age who ((has)) have in ((his or her)) their immediate possession a valid driver's license issued by the jurisdiction designated as ((his or her)) their home of record. A spouse or dependent of a person who meets the criteria of this subsection is also exempt from the driver's license requirement, provided that the spouse or dependent has in his or her immediate possession a valid driver's license issued by the jurisdiction designated as his or her home of record.

     (((4) The spouse or dependent of the nonresident military personnel has the same licensing privilege as the nonresident military personnel if the spouse or dependent has a valid driver's license which was issued by the same jurisdiction as the home of record of the nonresident military personnel.))

[Statutory Authority: RCW 46.01.110.      87-19-129 (Order DS 3), § 308-104-008, filed 9/22/87.]

((For purposes of RCW 46.20.305 an examination required by the department for driver licensing purposes may consist of any one or combination of the following:

     (1) A medical certificate to be completed by a competent medical authority.

     (2) A vision certificate to be completed by a competent vision authority such as an optometrist or ophthalmologist.

     (3) A psychiatric evaluation by a competent authority.

     (4) An alcohol evaluation or report of progress in alcohol treatment from an approved alcohol agency.

     (5) A reexamination of knowledge and driving ability conducted by a license examiner.

     (6) A special examination of knowledge and driving ability conducted by a license examiner.))

     A person's failure to complete an examination as required by RCW 46.20.305 may ((constitute reason for)) result in the suspension or denial of the person's driving privilege.      ((Completion of an examination but dissatisfaction)) A person dissatisfied with the departmental action which follows ((that)) an examination he or she has taken under RCW 46.20.305 may ((be grounds for)) appeal ((of the departmental action by the affected driver.      Such driver may request)) the department's action by requesting a formal hearing as provided in RCW 46.20.329. A request for a hearing under this section must be made in writing within fifteen calendar days from the date notice of the departmental action was given. If no request is made within the prescribed time the right to a hearing is waived.

[Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020.      86-07-018 (Order DS 2), § 308-104-012, filed 3/12/86.]

Whenever the official records of the department show that a person has committed at least four traffic offenses within a twelve-month period, or at least five traffic offenses within a twenty-four-month period, the department may require the person to appear for a driver improvement interview, as provided in chapter 46.20 RCW: Provided, That when a person has committed fewer traffic offenses than set forth in this section, the department may require the person to appear for a driver improvement interview or suspend or deny the person's driving privilege when such action appears to be in the interest of the safety of other persons on the highways.      For purposes of this section, the driver improvement interview may be conducted in a group setting.

     Failure to appear at the interview may result in a suspension or denial of the driving privilege.      For purposes of this section "traffic offense" means a conviction as defined in RCW 46.20.270(4), or a finding that a traffic infraction has been committed as defined in RCW ((46.63.020)) 46.20.270(5), of a moving violation as defined in WAC 308-104-160.      A traffic offense committed under the provisions of chapter 46.37 RCW by a commercial driver with respect to equipment required on commercial motor vehicles shall not be considered for driver improvement purposes.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16.      89-18-003, § 308-104-025, filed 8/24/89, effective 9/24/89.      Statutory Authority: RCW 46.01.110.      82-03-046 (Order 668 DOL), § 308-104-025, filed 1/19/82.]

For purposes of RCW 46.20.291(((c)))(3), whenever the records of the department show that a person has committed at least four traffic offenses within a twelve month period, or at least five traffic offenses within a twenty-four month period, this shall be considered prima facie evidence of violations of such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways.      A traffic offense committed under the provisions of chapter 46.37 RCW by a commercial driver with respect to equipment required on commercial motor vehicles shall not be considered for the purposes of this section.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16.      89-18-003, § 308-104-035, filed 8/24/89, effective 9/24/89.]

For purposes of issuance of an original driver's license, the department may waive the actual demonstration of the ability to operate a motor vehicle where the applicant meets all other licensing requirements, has successfully completed the appropriate Washington knowledge test or tests, and:

     (1) If the application is for a basic driver's license, the applicant has:

     (a) Surrendered a valid driver's license issued by the applicant's previous home state, or presented a letter of clearance from the previous home state showing a valid license record on file;

     (b) Not taken a Washington driving test on which the applicant has been disqualified; and

     (c) Not taken a Washington knowledge test on which the applicant has been disqualified three or more times;

     (2) If the application is for a driver's license with a motorcycle endorsement, the applicant, along with the requirements listed in subsection (1) of this section, has:

     (a) Surrendered a valid motorcycle license or driver's license with motorcycle endorsement issued by the applicant's previous home state, or presented a letter of clearance from the previous home state showing a valid motorcycle license record on file.      In order for a surrendered license or letter of clearance to be valid under this subsection, the applicant's previous home state's motorcycle licensing standards must meet or exceed Washington state motorcycle licensing standards, as determined by the department;

     (b) Completed a motorcycle skill test waiver certificate; and

     (c) If the applicant is under eighteen years of age, presented a certificate verifying completion of an approved motorcycle safety education course;

     (3) If the application is for a commercial driver's license, the applicant, along with the requirements listed in subsection (1) of this section, has:

     (a) Surrendered a valid commercial driver's license issued by the applicant's previous home state, or presented a letter of clearance from the previous home state showing a valid commercial driver's license record on file; or

     (b) Met the requirements for waiver of the commercial driver's license skill test as provided by RCW 46.25.060(2).

     Notwithstanding the above provisions, the department may require the applicant to complete the appropriate driving test or tests if the department determines that it is in the interest of safety for the applicant to demonstrate his or her ability to operate a motor vehicle.

     ((For purposes of this section, the term "home state" means a state of the United States, the District of Columbia, or a United States territory or possession.))

[Statutory Authority: RCW 46.01.110.      91-01-063, § 308-104-047, filed 12/14/90, effective 1/14/91.]

The department shall suspend, ((or)) revoke, or deny the driver's license or nonresident driving privilege of every person who is convicted of a violation requiring such suspension, ((or)) revocation, or denial, the term of which, except ((the violation of driving while suspended or revoked in the first or second degree)) where otherwise required by law, shall commence on the date of conviction.

[Statutory Authority: RCW 46.01.110.      93-22-071, § 308-104-056, filed 11/1/93, effective 12/2/93.      Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020.      86-07-018 (Order DS 2), § 308-104-056, filed 3/12/86; Order MV-222, § 308-104-056, filed 10/29/74.]

Except as otherwise required by law, the department shall suspend, ((or)) revoke or deny the driver's license or nonresident driving privilege of every person who is convicted of more than one offense requiring such suspension, ((or)) revocation, or denial arising from the same incident for one term which will be the longest of the terms of suspension, ((or)) revocation, or denial.

[Order MV-172, § 308-104-070, filed 7/16/73.]

The driver's license of any person that has been suspended, ((or)) revoked or denied for any reason shall not be reissued until such person shall pay the required reissue fee; except, that such reissue fee shall not be required when the imposition of the suspension, ((or)) revocation, or denial was invalid or void or when the suspension, ((or)) revocation, or denial was imposed because the subject was incompetent to operate a vehicle due to a physical or mental disability, because the subject had failed to attend a driver improvement interview, because the ((subject's)) person's filing of proof of financial responsibility for the future had been canceled or terminated, because the ((subject)) person defaulted on an agreement to pay damages resulting from a vehicle accident, or because the ((subject)) person was refused a license due to a suspension, revocation, or denial in another jurisdiction.

[Statutory Authority: RCW 46.01.110.      93-22-071, § 308-104-080, filed 11/1/93, effective 12/2/93.      Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020.      86-07-018 (Order DS 2), § 308-104-080, filed 3/12/86; Order MV-172, § 308-104-080, filed 7/16/73.]

((The)) Reissue fees ((shall)) may be paid ((by the subject and shall be accepted by the department)) at any ((driver's license examining station)) licensing services office or ((through its)) at the department's central state office at any time during normal operating hours.

[Statutory Authority: RCW 46.01.110.      93-22-071, § 308-104-090, filed 11/1/93, effective 12/2/93.      Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020.      86-07-018 (Order DS 2), § 308-104-090, filed 3/12/86; Order MV-172, § 308-104-090, filed 7/16/73.]

     The following sections of the Washington Administrative Code are repealed:

WAC 308-104-060	Implied consent -- Revocation terms.
WAC 308-104-120	Extra-territorial convictions--Hearing.

© Washington State Code Reviser's Office