WSR 04-17-121

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed August 17, 2004, 2:06 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Renewal of driver's license or identicard by electronic commerce--Eligibility--Vision test waiver.

Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on September 22, 2004, at 3:00 p.m.

Date of Intended Adoption: September 23, 2004.

Submit Written Comments to: Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, e-mail cholloway@dol.wa.gov, fax (360) 586-8351, by September 21, 2004.

Assistance for Persons with Disabilities: Contact Clark J. Holloway by September 21, 2004, TTY (360) 664-0116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adds a new section to chapter 308-104 WAC to establish eligibility requirements for applicants to renew driver's licenses or identicards by electronic commerce. Makes a conforming amendment to WAC 308-104-010 to permit a waiver of the vision test for applicants renewing driver's licenses by mail or electronic commerce.

Reasons Supporting Proposal: RCW 46.20.117 (3)(b), 46.20.120 (3)(b), and 46.20.120 (4)(b) permit applicants for identicard and driver's license renewal to renew by mail or electronic commerce "if permitted by rule of the department." The proposed rule and the conforming amendment to WAC 308-104-010 establish the eligibility requirements to renew by electronic commerce.

Statutory Authority for Adoption: RCW 46.01.110.

Statute Being Implemented: RCW 46.20.117, 46.20.120.

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

Name of Proponent: Department of Licensing, governmental.

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

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).

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).

August 17, 2004

Denise M. Movius

Assistant Director


AMENDATORY SECTION(Amending Order 2, filed 6/26/68)

WAC 308-104-010   Vision test.   ((All applicants)) (1) A person making application for a driver's license or renewal shall be required to take a vision test administered by the department.

(a) Any person having less than a 20/40 Snellen vision acuity with both eyes combined either corrected or uncorrected, or having some apparent significant visual limitation, must have an eye examination by an ophthalmologist or optometrist.

(b) If an applicant's vision cannot be corrected so that it will be within the 20/40 Snellen range for visual acuity or other vision problems cannot be corrected, then he or she must submit to a special examination in order to determine if a license ((or renewal)) shall be issued and ((if so what)) whether limitations or restrictions should be ((placed on the driving privilege)) imposed.

(2) The department may waive the requirement for a vision test for any person applying for the renewal of a driver's license by mail or electronic commerce if the person certifies on the application that his or her vision acuity is no less than 20/40 as measured on the Snellen test for visual acuity, either corrected or uncorrected, and that there are no other vision problems.

[Order 2, 308-104-010, filed 6/26/68.]


NEW SECTION
WAC 308-104-019   Renewal of driver's license or identicard by electronic commerce--Eligibility.   An applicant for a driver's license renewal or identicard renewal may make application by electronic commerce if he or she has received an authorization notice from the department.

(1) The department may send an authorization notice to a person whose valid driver's license is about to expire if the person:

(a) Is eligible to renew his or her driver's license by electronic commerce under the provisions of RCW 46.20.120 (3)(b) or (4)(b);

(b) Has previously been issued a digital driver's license;

(c) Is at least twenty-four and not more than sixty-five years of age;

(d) Has a valid social security number on file with the department;

(e) Has a valid mailing address on his or her driving record as maintained by the department;

(f) Does not have a commercial driver's license, instruction permit, or agricultural permit;

(g) Has not paid a fee owed to the department with a check that has been dishonored;

(h) Has not failed to appear, respond, or comply with the terms of or in response to a traffic citation or notice of traffic infraction; and

(i) Does not have any actions pending against his or her driver's license or driving privileges.

(2) A person applying for driver's license renewal by electronic commerce must:

(a) Certify that within the last six months he or she has not had a loss of consciousness or control that could impair his or her ability to operate a motor vehicle safely;

(b) Make the necessary certification under WAC 308-104-010(2); and

(c) Complete the required application and pay all applicable fees.

(3) The department may send an authorization notice to a person whose valid identicard is about to expire if the person:

(a) Is eligible to renew his or her identicard by electronic commerce under the provisions of RCW 46.20.117 (3)(b);

(b) Is at least twenty-four years of age; and

(c) Has previously been issued a digital identicard.

(4) A person applying for identicard renewal by electronic commerce must complete the required application and pay all applicable fees.

(5) The department may specify the means and establish procedures by which a person may make an application under this section.

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