PROPOSED RULES
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 application and driving records.
Purpose: 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 applications and driving records are being amended to make technical changes, incorporate provisions of state law, and clarify language. Outdated sections are being repealed.
Reasons Supporting Proposal: Language is clarified in response to Executive Order 97-02. Amendments are also being made due to recent 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 308-104-014, to clarify language and incorporate recent requirements regarding collection of Social Security numbers enacted by the legislature in 1998 and 1999 (RCW 26.23.140 and 26.34.150).
Amending WAC 308-104-040, to make technical changes and clarify language.
Amending WAC 308-104-100 and 308-104-105, to incorporate legislative revisions made to RCW 46.20.391.
Amending WAC 308-104-130, to clarify language and conform to provisions of Washington Rules of Court.
Amending WAC 308-104-150 and 308-104-155, to clarify language.
Amending WAC 308-104-160, to clarify language and reference appropriate state laws or equivalent regulations.
Amending WAC 308-104-170, to make a technical change.
Repealing WAC 308-104-015, which has been superseded by legislative changes to RCW 46.20.117.
Repealing WAC 308-104-109, which has been superseded by legislative changes to RCW 46.20.120.
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
Assistant Director
((Every application)) A person applying for
an original driver's license, instruction permit, or
identification card ((shall include)) must provide the following
information:
(((a))) (1) The ((applicant's)) person's full name, current
mailing and residential address, and telephone number;
(((b))) (2) The applicant's physical description, including
sex, height, weight, and eye color;
(((c))) (3) The ((applicant's)) person's date and place of
birth;
(((d))) (4) The ((applicant's)) person's social security
number, if the social security number is required by state or
federal law. If the person's social security number is not
required by state or federal law, the person may voluntarily
provide his or her social security number in order to assist the
department in verifying identity;
(((e))) (5) The ((applicant's)) person's mother's maiden
name and whether the ((applicant)) person is one of multiple
siblings born at the same time;
(((f))) (6) If the application is for a driver's license or
instruction permit, whether the ((applicant)) person has been
previously licensed, where such license was issued, and under
what name;
(((g))) (7) If the application is for a driver's license or
instruction permit, whether the ((applicant)) person has ever had
his or her driver's license or driving privilege suspended,
revoked, cancelled, disqualified, withheld, or denied, and if so,
where and when such driving sanction was imposed and the reason
for such action;
(((h))) (8) If the application is for a driver's license or
instruction permit, whether ((the applicant is taking medication
or is under the care of a physician for any medical condition(s),
and if so, a description of such medication or medical
condition(s))) the person has had a loss of consciousness or
control within the last six months that could impair his or her
ability to operate a motor vehicle;
(((i))) (9) The ((applicant's)) person's signature and, if
the application is for a driver's license or instruction permit
and the ((applicant)) person is under the age of eighteen, the
signature of the ((applicant's)) person's custodial parent or
legal guardian; and
(((j))) (10) Any ((other information required by the
department, including, but not limited to,)) supplementary
documentation ((verifying)) as may be necessary to verify any of
the information required by this section.
[Statutory Authority: RCW 46.01.110. 91-01-063, § 308-104-014, filed 12/14/90, effective 1/14/91.]
As provided by RCW 46.20.035, no identicard shall
be issued, nor shall any Washington state driver's license be
issued, other than as provided in RCW ((46.20.116)) 46.20.035(5),
unless the applicant ((therefor shall have)) has satisfied the
department regarding his or her identity.
(1)(a) Except as provided in subsections (2) and (3) of this section, an applicant has not satisfied the identity requirements of RCW 46.20.035 unless he or she displays or provides the department with at least one of the following pieces of valid identifying documentation:
(i) A valid or recently expired driver's license or instruction permit that contains the signature, date of birth, and a photograph of the applicant;
(ii) A Washington state identicard or an identification card issued by another state that contains the signature and a photograph of the applicant;
(iii) An identification card issued by the United States, a state, or an agency of either the United States or a state, of a kind commonly used to identify the members or employees of the government agency, that contains the signature and a photograph of the applicant;
(iv) A military identification card that contains the signature and a photograph of the applicant;
(v) A United States passport that contains the signature and a photograph of the applicant;
(vi) An immigration and naturalization service form that contains the signature and photograph of the applicant; or
(vii) If the applicant is a minor, an affidavit of the applicant's parent or guardian where the parent or guardian displays or provides at least one piece of identifying documentation as specified in this subsection along with additional documentation establishing the relationship between the parent or guardian and the applicant.
(b) In addition to the valid identifying documentation listed in subsection (1)(a), the department may request supplemental identifying documentation, or may undertake an investigation to verify the validity of any documentation presented, in order to ascertain identity.
(2) An applicant unable to present a piece of identifying
documentation listed in RCW 46.20.035 (1) or (2) may request that
other identifying documentation be considered by the department
in order to ascertain identity, as provided by RCW
((46.20.035(2))) 46.20.035(3). The department may waive the
requirement for a piece of valid identifying documentation listed
in RCW 46.20.035 (1) or (2) if the applicant presents sufficient
valid supporting documents found by the department to clearly
establish the identity of the applicant. For purposes of this
subsection, the department has found the following pieces of
documentation to be sufficient to clearly establish identity:
(a) A foreign country's passport, containing the signature and a photograph of the individual, that has with it a valid United States Immigration and Naturalization entry form (I-94);
(b) An enrollment card issued by a federally recognized Indian tribe, containing the signature and a photograph of the individual, with one other supporting document;
(c) An identification card issued by the United States Bureau of Indian Affairs, containing the signature and a photograph of the individual, with one other supporting document;
(d) A written identification verification document completed by the Washington department of corrections; and
(e) A Washington city or county police employee identification card, containing the signature and a photograph of the individual, with one other supporting document;
(3) If an applicant is unable to satisfy the department
regarding his or her identity under subsections (1) or (2) of
this section, he or she may request that the department review
other documentation in order to ascertain identity, as provided
by RCW ((46.20.035(2))) 46.20.035(3).
(a) If the licensing services representative assisting the applicant is unable to ascertain identity from the documents presented, the applicant shall be referred to an in-office document reviewer for further assistance. The in-office document reviewer will evaluate the applicant's documentation in order to determine whether identity can be clearly established.
(b) If the in-office document review cannot clearly establish an applicant's identity, and if requested by an applicant, a senior technician for the region in which the applicant is making application will evaluate the applicant's documentation in order to determine whether identity can be clearly established.
(c) If requested by the applicant, the senior technician shall refer the applicant to driver licensing headquarters staff for final determination whether identity can be clearly established.
[Statutory Authority: RCW 46.01.110. 93-22-071, § 308-104-040, filed 11/1/93, effective 12/2/93; 82-03-046 (Order 668 DOL), § 308-104-040, filed 1/19/82; Order 468-DOL, § 308-104-040, filed 12/30/77; Order 691101, § 308-104-040, filed 11/26/69.]
The department shall issue an occupational driver's
license to any person who has had his or her driver's license
suspended or revoked ((because of a conviction or bail forfeiture
for any offense relating to motor vehicles, other than vehicular
assault or vehicular homicide, provided, (1) the person is
eligible pursuant to the provisions)) who meets the requirements
of RCW 46.20.380 and 46.20.391, (((2))) provided that on the date
of conviction for the offense on which the suspension or
revocation is based or, if the suspension or revocation is based
on an administrative action, on the date the suspension or
revocation became effective:
(1) The person had an unexpired driver's license ((on the
date of conviction for said offense, (3)));
(2) The person did not have his or her resident driver's
license or nonresident driving privilege suspended or revoked for
any reason ((on the date of conviction for said offense)); and
(((4))) (3) The person had not been required ((on the date
of conviction)) to surrender his or her Washington driver's
license to the department for failure to maintain ((the filing
of)) proof of financial responsibility for the future ((for said
offense)).
Notwithstanding the provisions of this section, an occupational driver's license shall not be issued for the operation of a commercial motor vehicle when the commercial driver has had his or her license suspended, revoked, or denied, or has been disqualified from operating a commercial motor vehicle.
[Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. 89-18-003, § 308-104-100, filed 8/24/89, effective 9/24/89. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. 86-07-018 (Order DS 2), § 308-104-100, filed 3/12/86. Statutory Authority: RCW 46.01.110. 82-03-046 (Order 668 DOL), § 308-104-100, filed 1/19/82; Order MV 349, § 308-104-100, filed 1/28/76.]
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.
AMENDATORY SECTION(Amending WSR 89-18-003, filed 8/24/89,
effective 9/24/89)
WAC 308-104-105
Occupational license denial hearings.
(1) Upon notification by the department that an occupational driver's license has been denied under RCW 46.20.391 the aggrieved person may request a formal hearing to contest the department's decision. No hearing need be granted where the department is prevented from issuing an occupational driver's license by rule or law. A request for a hearing must be submitted in writing.
(2) Within ten days of receipt of a request for a hearing,
the department shall notify the ((requestor)) requester in
writing of the time and location of the hearing. The hearing may
be held either in the person's county of residence or in any
county adjoining the person's county of residence, except that
all or part of the hearing may, at the discretion of the
department, be conducted by telephone or other electronic means.
(3) The hearing shall be conducted by a ((referee)) hearing
officer appointed by the director. The director may delegate
((to such referee)) the authority to render final decisions to
the hearing officer.
(4) The scope of the hearing shall be limited to the following issues:
(a) Whether the person had a valid license on date of conviction or, if the suspension or revocation is based on an administrative action, on the date the suspension or revocation became effective.
(b) Whether the suspension or revocation giving rise to the
application for an occupational driver's license ((was based upon
one of the following offenses: Driving or being in physical
control of a motor vehicle while under the influence of
intoxicating liquor, reckless driving, racing, eluding a police
vehicle, hit and run, driving while suspended or revoked, or a
felony in the commission of which a motor vehicle is used, other
than vehicular assault or vehicular homicide)) is one for which
an occupational driver's license may be issued under RCW 46.20.391.
(c) Whether the person has been convicted of any ((of the
offenses listed in (b) of this subsection)) offense relating to
motor vehicles for which suspension or revocation of a driver's
license is mandatory within the one year immediately preceding
the conviction or incident for which the occupational license is
requested.
(d) Whether the person has ((been convicted of)) committed
an offense of driving or being in physical control of a vehicle
while under the influence of intoxicating liquor, or vehicular
assault or vehicular homicide, within the ((five)) seven years
immediately preceding the conviction or incident for which the
occupational license is requested.
(e) Whether the person is currently suspended or revoked for any reason other than the offense for which the occupational driver's license is requested.
(f) If the person is applying for an occupational driver's license under RCW 46.20.391(1), whether the person is engaged in an occupation or trade that makes it essential that the person operate a motor vehicle. For purposes of this section, occupation or trade means being self-employed, or in the employ of another, for monetary compensation.
(g) If the person is applying for an occupational driver's license under RCW 46.20.391(2), whether the person is in or has applied for an apprenticeship program or on-the-job training program, or is in a program that assists persons who are enrolled in a WorkFirst program, or is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as alcoholics anonymous, that makes it essential that the person operate a motor vehicle.
(5) The ((applicant's)) person's official driving record
provided to the hearing officer by the department shall be prima
facie evidence of the ((facts in)) issues contained in subsection
(4)(a) through (e) of this section unless the ((applicant))
person presents clear and convincing evidence to the contrary.
(6) If the person is eligible for an occupational driver's
license under RCW 46.20.391(1), the ((applicant)) person shall
have the burden of proving that he or she is engaged in an
occupation or trade that makes it essential to operate a motor
vehicle.
(7) If the person is eligible for an occupational driver's license under RCW 46.20.391(2), the person shall have the burden of proving that he or she is in an apprenticeship program or on-the-job training program, or is in a program that assists persons who are enrolled in a WorkFirst program, or is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as alcoholics anonymous, that makes it essential that the person operate a motor vehicle.
(8) In the event that the person fails to appear for the hearing, no hearing shall be held. The case shall be remanded to the department and the department's previous decision denying the occupational license shall be affirmed.
[Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. 89-18-003, § 308-104-105, filed 8/24/89, effective 9/24/89. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. 86-07-018 (Order DS 2), § 308-104-105, filed 3/12/86.]
(1) The department shall consider the information transmitted on the abstract of conviction as being accurate for the purposes of recording information on the defendant's driving record and initiating suspension/revocation action. The defendant shall be deemed to have been convicted of the traffic law violation(s) if any of the following appears on the abstract:
(((1))) (a) The payment of a fine.
(((2))) (b) An unvacated forfeiture of bail or collateral
deposited to secure the defendant's appearance in court.
(((3))) (c) A plea of guilty by the defendant.
(((4))) (d) A finding of guilt.
(2) For the purposes of maintaining the driving record,
initiating a driver's license or driving privilege suspension,
((/)) revocation, or denial ((action)), and requiring the filing
of proof of financial responsibility, the conviction shall be
deemed final if any one or more of the ((above)) elements listed
in subsection (1) is present regardless of whether the imposition
of sentence is deferred or penalty suspended. The department
will not amend or modify the driving record of any driver's
license or driving privilege suspension, ((/)) revocation, or
denial ((action)) if the court subsequently dismisses the charge
at the conclusion of a successful deferral or probation period.
(3) For purposes of Title 46 RCW:
(a) The forfeiture of bail shall be ((conclusive evidence
of)) considered a conviction unless the court vacates that
forfeiture. ((A vacation of bail forfeiture shall be effective
only if that vacation is entered within sixty days of the date of
that forfeiture and the case is scheduled by the court for a
hearing on the merits. Any transmittal of the vacation of a
forfeiture of bail must specify that these two elements exist.))
(b) The payment of a fine on a traffic violation charge
shall be ((conclusive evidence of)) considered a conviction
unless the court subsequently reimburses the defendant for all
fines, costs, and other penalties imposed.
(c) A plea of guilty shall be ((conclusive evidence of the))
considered a conviction unless the defendant withdraws the plea
of guilty during the proceedings, the defendant appeals the
judgment ((within fourteen days)) and there has been a perfection
of notice of appeal, or the court sets aside the judgment and
orders a new trial ((within fourteen days)).
(d) A finding of guilt shall be ((conclusive evidence of
the)) considered a conviction unless the court approves a motion
for a new trial ((within fourteen days)) or the defendant appeals
the conviction to a higher court ((within fourteen days of the
conviction)) and there has been a perfection of notice of appeal.
(4) If a court defers a finding after hearing the evidence, the department shall not consider the defendant as having been convicted until a final disposition is entered by that court, except when the defendant entered a guilty plea which was not withdrawn, or when the court imposed a penalty or sanction, including the payment of court costs, which could only be imposed upon a determination that the defendant was guilty.
(5) A reporting error by the court ((which)) that materially
alters the original record of a conviction for a mandatory
offense must be reported to the department in writing accompanied
by a copy of the docket, or other permanent court record.
[Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. 86-07-018 (Order DS 2), § 308-104-130, filed 3/12/86; Order MV 349, § 308-104-130, filed 1/28/76.]
Where
not otherwise prohibited by law or rule, the department may
((respond to written requests for addresses of persons whose
driving records are)) make available the address of a person
whose driving record or identicard record is maintained by
((said)) the department. ((The individual or agency requesting
the address must supply the department with)) A request for an
address must be in writing, and must include the full name and
the driver's license number or date of birth of ((each)) the
person whose address is requested. ((The department may deny
address information to any person or agency when it has reason to
believe that releasing such information could result in harm to
the safety or well-being of the person whose address has been
requested.))
The department shall collect in advance a fee of two dollars for each address requested in a single listing up to and including ten addresses, and fifteen cents for each additional address on that single listing: Provided, That the addresses will be provided to all governmental agencies without charge.
[Statutory Authority: RCW 46.01.110. 82-03-046 (Order 668 DOL), § 308-104-150, filed 1/19/82.]
For purposes of Title 46
RCW, the director of the department of licensing may designate
((nondepartment of licensing employees)) persons other than
employees of the department as agents to furnish certified
abstracts of driving records under seal of the director. This
section shall only apply when the driving record has been
obtained by the designated agent through electronic data
transmission from the department's computer records.
[Statutory Authority: RCW 46.01.110. 91-01-063, § 308-104-155, filed 12/14/90, effective 1/14/91.]
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 92-08-045, filed 3/25/92,
effective 4/25/92)
WAC 308-104-160
Nonmoving violation defined.
A "nonmoving violation" as used in RCW 46.65.020 and this chapter shall mean any violation or traffic infraction in Title 46 RCW, other than those moving violations included in the following list or violations of substantially similar laws, administrative regulations, local laws, ordinances, regulations, or resolutions of a political subdivision of this state, the federal government, or any other state:
(1) Driving while under the influence of ((intoxicants))
intoxicating liquor or any ((drugs)) drug as defined by RCW 46.61.502;
(2) Reckless driving
(3) Hit and run (occupied vehicle)
(4) Vehicular homicide
(5) Driving while driving privilege suspended or revoked
(6) Eluding police vehicle
(7) Racing
(8) Embracing
(9) Manslaughter
(10) Speed too fast for conditions
(11) Speed 1 to 14 MPH excess
(12) Speed 15 to 29 MPH excess
(13) Speed over 29 MPH excess
(14) Failure to stop
(15) Disobey road sign
(16) Improper lane change
(17) Improper lane travel
(18) Prohibited turn
(19) Unnecessary noise
(20) Negligent driving
(21) Wrong way on one-way street
(22) Driving over center line
(23) Drive wrong side of road
(24) Straddling centerline
(25) Failure to yield right of way
(26) Disobey signalman
(27) Disobey school patrol
(28) Driving without lights
(29) Failure to dim lights
(30) Following too closely
(31) Improper turn
(32) Failure to signal or improper signal
(33) Passing stopped school bus
(34) Driving on shoulder or sidewalk
(35) Violating license restriction(s)
(36) Carrying passenger improperly
(37) In physical control of vehicle while under the influence of alcohol or drugs
(38) Vehicular assault
(39) Crossing fire hose
(40) Carry passengers outside vehicle
(41) Improper backing
(42) Obstructed vision or control
(43) Following emergency equipment
(44) Crossing divider
(45) Inattention
(46) Improper mirrors
(47) Illegal vehicle equipment
(48) Handle bars over height
(49) Illegal lights
(50) Defective equipment
(51) Reckless endangerment
(52) No helmet, goggles, windshield or face shield
(53) Improper overtaking or passing
(54) Hit and run (unattended vehicle)
(55) Impeding traffic
(56) More persons than provided for on motorcycle
(57) Operating moped on freeway
(58) Wearing earphones/viewing TV in vehicle
(59) Open container violation (driver)
(60) Permitting illegal vehicle operation
(61) Violation of instruction permit.))
Physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.504;
(3) Vehicular homicide, as defined by RCW 46.61.520;
(4) Vehicular assault, as defined by RCW 46.61.522;
(5) Reckless driving, as defined by RCW 46.61.500;
(6) Racing, as defined by RCW 46.61.530;
(7) Embracing, as defined by RCW 46.61.665;
(8) Hit and run (injury, death, or occupied vehicle), as defined by RCW 46.52.020;
(9) Attempting to elude a police vehicle, as defined by RCW 46.61.024;
(10) Driving while driving privilege suspended or revoked, as defined by RCW 46.20.342, 46.20.394, or 46.20.420;
(11) Reckless endangerment of roadway workers, as defined in RCW 46.61.527;
(12) Driver under twenty-one driving or being in physical control of a motor vehicle after consuming alcohol, as defined in RCW 46.61.503;
(13) Driving or in physical control of commercial motor vehicle while having alcohol in system, as defined in RCW 46.25.110;
(14) Open container violation (driver), as defined by RCW 46.61.519;
(15) Negligent driving in the first degree, as defined by RCW 46.61.5249;
(16) Negligent driving in the second degree, as defined by RCW 46.61.525;
(17) Hit and run (unattended vehicle or property), as defined by RCW 46.52.010;
(18) Disobey road sign, as defined by RCW 46.61.050 and 46.61.070;
(19) Disobey signalman, officer, or fire fighter, as defined by RCW 46.61.015, 46.61.020, 46.61.021, or 46.61.022;
(20) Disobey school patrol, as defined by 46.61.385;
(21) Speed too fast for conditions, as defined by RCW 46.61.400;
(22) Speed in excess of maximum limit, as defined by RCW 46.61.400 or 46.61.460;
(23) Speeding in a school zone, as defined by RCW 46.61.440;
(24) 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;
(25) 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;
(26) Failure to keep to the right, as defined by RCW 46.61.100 or 46.61.105;
(27) Wrong way on a one-way street or rotary traffic island, as defined by RCW 46.61.135;
(28) Improper lane change or travel, as defined by RCW 46.61.140;
(29) Straddling or driving over centerline, as defined by RCW 46.61.140;
(30) Driving on the wrong side of the road, as defined by RCW 46.61.150;
(31) Crossing divider, as defined by RCW 46.61.150;
(32) Improper entrance to or exit from freeway, as defined by RCW 46.61.155;
(33) High occupancy vehicle lane violation, as defined by RCW 46.61.165;
(34) Improper overtaking or passing, as defined by RCW 46.61.110, 46.61.115, 46.61.120, 46.61.125, or 46.61.130;
(35) Passing stopped school bus, as defined by RCW 46.61.370;
(36) Passing stopped private carrier bus, as defined by RCW 46.61.375;
(37) Following too closely, as defined by RCW 46.61.145;
(38) Following fire apparatus, as defined by RCW 46.61.635;
(39) Crossing fire hose, as defined in RCW 46.61.640;
(40) Driving on sidewalk, as defined by RCW 46.61.606;
(41) Driving through safety zone, as defined by RCW 46.61.260;
(42) Driving with wheels off roadway, as defined by RCW 46.61.670;
(43) Impeding traffic, as defined by RCW 46.61.100, 46.61.425, or 46.20.427;
(44) Improper turn, as defined by RCW 46.61.290;
(45) Prohibited turn, as defined by RCW 46.61.295;
(46) Failure to signal or improper signal, as defined by RCW 46.61.305;
(47) Improper backing, as defined by RCW 46.61.605;
(48) Unlawful operation of motorcycle on roadway, as defined by RCW 46.61.608;
(49) Reckless endangerment, as defined by RCW 9A.36.050;
(50) Failure to maintain control, as defined by RCW 46.61.445;
(51) Violation of license restriction(s), as defined by RCW 46.20.041 or 46.20.740;
(52) Violation of instruction permit restrictions, as defined by RCW 46.20.055;
(53) Violation of out-of-service order, as defined by RCW 46.25.090;
(54) Obstructed vision or control, as defined by RCW 46.61.615;
(55) Carrying persons or animals outside of vehicle, as defined by RCW 46.61.660;
(56) Carrying passenger in towed vehicle, as defined by RCW 46.61.625;
(57) Coasting on downgrade, as defined by RCW 46.61.630;
(58) Violation of child restraint requirements, as defined by RCW 46.61.687;
(59) Carrying child under the age of five years old on motorcycle, as defined by RCW 46.37.530;
(60) Carrying passenger improperly on motorcycle, as defined by RCW 46.61.610;
(61) No helmet, goggles, mirrors, windshield or face shield, as defined by RCW 46.37.530;
(62) Motorcycle handlebars above maximum height, as defined by RCW 46.61.611;
(63) Operating moped on freeway or sidewalk, as defined by RCW 46.61.710;
(64) Illegal, improper, defective, or missing vehicle equipment, as defined by RCW 46.37.010;
(65) Driving without lights, as defined by RCW 46.37.020;
(66) Failure to dim lights, as defined by RCW 46.37.230;
(67) Operating motorcycle without lights, as defined by RCW 46.37.522;
(68) No lamp, reflector, or flag on extended load, as defined by RCW 46.37.140;
(69) Unnecessary noise, as defined by RCW 46.37.380;
(70) Wearing earphones or viewing television in vehicle, as defined by RCW 46.37.480;
(71) Permitting illegal vehicle operation, as defined by RCW 46.20.343 or 46.61.675;
(72) Failure to secure load, as defined by RCW 46.37.490;
(73) Spilling load, as defined by RCW 46.61.655; and
(74) Improper towing, as defined by RCW 46.44.070.
[Statutory Authority: RCW 46.10.110. 92-08-045, § 308-104-160, filed 3/25/92, effective 4/25/92. Statutory Authority: RCW 46.20.391, 46.01.100 and 46.65.020. 86-07-018 (Order DS 2), § 308-104-160, filed 3/12/86. Statutory Authority: RCW 46.01.110. 82-21-002 (Order 697-DOL), § 308-104-160, filed 10/7/82; 82-03-046 (Order 668 DOL), § 308-104-160, filed 1/19/82.]
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 93-22-071, filed 11/1/93,
effective 12/2/93)
WAC 308-104-170
Alcohol or drug abuse treatment program.
(1) For the purposes of Title 46 RCW, a person shall be deemed to have undertaken and followed a course of treatment for alcohol or drug abuse on a program approved by the department of social and health services if he or she has been under said program for at least sixty days: Provided, That the department may accept a shorter treatment term upon a showing that the full sixty days of treatment would not be in the best interests of the person's recovery progress.
(2) The term "program approved by the department of social
and health services," as used in Title 46 RCW, shall mean an
alcohol or drug abuse treatment program meeting the requirements
of chapter ((275-19)) 388-305 WAC.
[Statutory Authority: RCW 46.01.110. 93-22-071, § 308-104-170, filed 11/1/93, effective 12/2/93; 82-03-046 (Order 668 DOL), § 308-104-170, filed 1/19/82.]
The following sections of the Washington Administrative Code are repealed:
| WAC 308-104-015 | Identicards. |
| WAC 308-104-109 | Extension of driver's license |