WSR 03-10-024

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed April 28, 2003, 3:22 p.m. ]

Date of Adoption: April 28, 2003.

Purpose: Amends WAC 308-100-090 to clarify requirements for applicants and holders of commercial motor vehicle (CMV) instruction permits. Amends WAC 308-100-180 to adjust the maximum amount that a third-party tester can charge for conducting commercial driver's license examinations.

Citation of Existing Rules Affected by this Order: Amending WAC 308-100-090 and 308-100-180.

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

Adopted under notice filed as WSR 03-07-097 on March 19, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

April 28, 2003

Denise M. Movius

Assistant Director


AMENDATORY SECTION(Amending Order 108 MV, filed 9/14/71)

WAC 308-100-090   Commercial motor vehicle instruction permits(( -- Motorcycles.   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.]


AMENDATORY SECTION(Amending [WSR 89-18-003], filed 8/24/89)

WAC 308-100-180   Third party testing fee.   Except as provided in WAC 308-100-190 (Requirements for exceeding base fee), the base fee for each classified skill examination or combination of skill examinations conducted by a third party tester shall not be more than ((fifty)) seventy-five dollars. The base fee shall apply only to the conducting of the examination, and is separate from any additional fees, such as vehicle use fees, which may be charged by the third party tester. Any additional fees to be charged shall be reported to the department.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 3, 5, 8 and 16. 89-18-003, 308-100-180, filed 8/24/89, effective 9/24/89.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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Washington State Code Reviser's Office