Preproposal statement of inquiry was filed as WSR 06-08-041.
Title of Rule and Other Identifying Information: Chapter 308-108 WAC, Driver training schools.
Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA, on July 11, 2006, at 3:00 p.m.
Date of Intended Adoption: July 12, 2006.
Submit Written Comments to: Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, e-mail firstname.lastname@example.org, fax (360) 586-8351, by July 10, 2006.
Assistance for Persons with Disabilities: Contact Clark J. Holloway by July 10, 2006, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amends WAC 308-108-020 to remove definitions made redundant by chapter 219, Laws of 2006, and to add definitions clarifying terms used in that chapter; creates a new section in chapter 308-108 WAC to specify fees for driver training school and instructor licenses and examinations; creates a new section in chapter 308-108 WAC to specify requirements for background checks and fingerprint checks for driver training school owners, staff, and instructors; amends WAC 308-108-080 to delete superseded background and fingerprint checks, and to strengthen requirements for instructor's license applicants; amends WAC 308-108-090 to increase the number of hours necessary for instructor training, clarify curriculum requirements, and set reporting requirements for instructor-trainer led instruction; amends WAC 308-108-100 to make a technical change necessary due to chapter 219, Laws of 2006, and to make an editing change; amends WAC 308-108-110 to clarify requirements for the first aid kit to be kept in traffic safety education vehicles and to clarify record-keeping requirements; amend WAC 308-108-120 add to driver training school administration requirements, including new requirements under chapter 219, Laws of 2006; amends WAC 308-108-130 to clarify records review requirements; amends WAC 308-108-140 to clarify reporting requirements; amends WAC 308-108-150 to clarify requirements for driver training school course curriculum schedule; amends WAC 308-108-160 to increase the number of hours of behind the wheel instruction and provide for appropriate documentation; amends WAC 308-108-170 to clarify methods for ensuring student accomplishment; and amends WAC 308-108-180 to delete outdated language.
Reasons Supporting Proposal: Adoption of new rules and amendments to the existing rules are required to incorporate program changes made necessary by the enactment of chapter 219, Laws of 2006.
Statutory Authority for Adoption: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340.
Statute Being Implemented: Chapter 46.82 RCW.
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: Becky Loomis, 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).
June 6, 2006
Barbara Sandahl, Director
Policy and Legislative Affairs
(1) "Behind the wheel instruction" means that portion of
a traffic safety education course that consists of on-street,
dual-controlled vehicle operation or similar instruction given
under simulated conditions that has had prior approval of the
Behind the wheel instruction is characterized by
(2) "Branch office" or "branch classroom" means a facility within a thirty-five mile radius of a driver training school's established place of business that has been approved by the department for use by the driver training school.
"Classroom" means a space dedicated to and used
exclusively by a driver training instructor for the
instruction of students. With prior department approval, a
branch office classroom may be located within alternative
facilities, such as a public or private library, school,
community college, college or university, or a business
(4) "Classroom instruction" means that portion of a traffic safety education course that is characterized by classroom-based student instruction conducted by or under the direct supervision of a licensed instructor or licensed instructors.
(5) "Driver training school" means a commercial business offering instruction in the operation of automobiles for a fee:
(a) To any person for the purpose of securing traffic safety education prior to applying for a basic driver's license; and/or
(b) For the enhancement of an experienced driver's knowledge, skill, and ability.
(6))) "Engage in a course of instruction" means to enroll in, schedule, collect a fee for, or sign an application for an instruction permit in order to attend or take part in a driver training education course.
(4) "Inactive Instructor" means an instructor with a valid Washington instructor's license who is no longer employed by or otherwise associated with a licensed driver training school.
(5) "Instructor-trainer" means a currently licensed instructor who is training driving instructors and who has not less than:
Not less than)) One thousand hours (( or five years
of previous)) of experience in providing traffic safety
education in the past year; (( or))
Not less than)) Five years of previous experience
in providing traffic safety education; or
(c) One thousand hours or five years experience in the
field of traffic safety((
, documented)) and proof of training
acceptable to the director in (( teaching training techniques
to)) how to teach and train others, and not less than three
hundred hours of previous experience in (( providing)) training
(( to)) others.
(7) "Owner" means a person or group that has a
financial interest in a driver training school.
(8))) (6) "Records" means all documents, papers and reports required to own a driver training school, including but not limited to:
(a) Vehicle registration, title, insurance policy, and maintenance information;
(b) Business financial documents, such as franchise agreements, corporate documents, bank records, partnership agreements, lease agreements, and purchase and sale agreements; and
(c) Student classroom and behind-the-wheel instruction reports.
(7) "Student" means any person ((
enrolled in a traffic
safety)) attending a driver training education course (( for
which a fee is paid)) who is as least fifteen years of age.
(9) "Traffic safety education" means a course of
instruction in the operation of automobiles that consists of
two phases, classroom instruction and behind the wheel
instruction. Each phase must meet basic course requirements
established by the department.))
[Statutory Authority: RCW 46.82.290. 05-16-061, § 308-108-020, filed 7/29/05, effective 8/29/05.]
|Title of Fee||Fee|
|Driver training school license original application||$500.00|
|Driver training school license renewal application||250.00|
|Driver training school license transfer||500.00|
|Branch office or branch classroom original application||250.00|
|Branch office or branch classroom renewal application||125.00|
|Instructor's license original application||75.00|
|Instructor's license renewal application||25.00|
|Knowledge and/or skill examination||25.00|
(1) An applicant for an instructor's license must complete the check at the time of initial application or, for a currently licensed instructor who has not completed such check within the past five years, at the time of the next application for a license renewal.
(2) An owner must complete the check at the time of initial application for a driver training school license or, for an owner of a currently licensed school who has not completed such check within the past five years, at the time of the next application for a license renewal.
(3) A person affiliated with a school who has contact with students must complete the check at the time of initial affiliation with the school or, for a person who is currently affiliated with a school who has not completed such check within the past five years, within the sixty-days prior to the next application for a license renewal for the school. A person who must complete the check under this subsection at the time of initial affiliation with a school may begin duties following the department's notice that it has received an acceptable local criminal background check through the Washington state patrol criminal identification system, pending the outcome of the fingerprint check using the fingerprint card.
(2))) To ensure that an applicant or instructor meets the
conditions set out in RCW 46.82.330 (2)(a), the department
shall review the complete abstract of driving record for all
instructor's license ((
applicant's complete abstract of
driving record at the time of each initial and renewal
application. For purposes of RCW 46.82.330 (3)(a)))
applicants and licensed instructors. For this purpose:
(a) A moving traffic violation is an offense listed as a moving violation in WAC 308-104-160. The department will determine the number of moving traffic violations received by an applicant within a given time period based on the date(s) that the violation(s) occurred.
(b) An alcohol-related traffic violation will be deemed
to have occurred if within the ((
three)) seven-year period
immediately preceding the time of application an
alcohol-related traffic incident occurred that resulted in:
(i) A conviction or finding that a traffic infraction was committed for violation of RCW 46.61.502, 46.61.503, 46.61.504, 46.61.519, 46.61.5195, 46.61.520 (1)(a), 46.61.522 (1)(b), or 46.20.5249, or a substantially similar law, administrative regulation, local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state;
(ii) An administrative action imposed under RCW 46.20.3101;
(iii) An administrative action imposed under RCW 46.25.090 (1)(a), (b), or (e); or
(iv) Entry into a deferred prosecution agreement for an alcohol-dependency based case.
(c) A driver's license suspension, cancellation,
revocation, or denial will be deemed to exist within the
three)) five years if any such suspension,
cancellation, revocation, or denial has been in effect at any
time within the (( three)) five-year period immediately
preceding the time of application.
(3))) (2) The instructor's license applicant must
submit satisfactory evidence of completion of (( the required
sixty hours of)) a course of instruction as approved by the
director in the training of drivers at time of initial
(3) For instructor's licenses that expire on or after January 1, 2007, each application for renewal of an instructor's license must be accompanied by proof of no less than eight hours of continuing professional development as approved by the director.
(4) Application for initial or renewal of an instructor's license is not complete until the applicant passes any examination requirement for licensure under RCW 46.82.320(1) or 46.82.330 (2)(e).
[Statutory Authority: RCW 46.82.290. 05-16-061, § 308-108-080, filed 7/29/05, effective 8/29/05.]
(2) To ensure the quality of the training given, the instruction course must:
(a) Be provided by, and under the direct supervision of:
(i) An institution of higher learning accredited by the Northwest Association of Schools and Colleges or by an accrediting association recognized by the higher education board;
(ii) A licensed private vocational school as that term is defined by RCW 28C.10.020(7); or
(iii) An instructor-trainer.
(b) Be not less than one hundred hours in total length and consist of:
(i) Not less than ((
twelve)) fifty hours of instruction
in behind the wheel teaching methods;
(ii) Not less than ((
six)) ten hours of supervised
practice behind the wheel teaching of driving techniques;
(iii) Not less than ((
thirty)) forty hours total of
(( approved)) instruction (( covering each)) that includes all
of the following areas:
(A) Education or special education;
(B) Driver education teacher, instructor, or trainer skills training;
(C) Classroom teaching techniques; ((
(D) Communication skills; ((
(iv) Not less than twelve hours of instruction that
shall prepare the instructor to:))
(A) Communicate)) (E) Teaching the concepts of driving
and traffic safety to others;
(B) Demonstrate)) (F) Educational methods, theories and
concepts in teaching a driver education course, and knowledge
of all aspects of the driving task;
(C) Develop)) (G) Developing instructional materials
and activities that aid student learning and performance;
(D) Define)) (H) Defining and (( describe)) describing
the nature of the driving task on public highways;
(E) Establish)) (I) Establishing and (( maintain))
maintaining classroom organization;
(F) Manage)) (J) Managing enrollment, student
scheduling, student records, and required reports; and
(G) Plan)) (K) Planning a course of student instruction
with outlines, lesson plans, and student performance
Not less than thirty days prior to any instructor
training being conducted by an instructor-trainer, the
instructor-trainer or owner of the driver training school
where the instructor-trainer is employed shall submit a course
curriculum for department review and approval)) The department
must approve an instructor training course curriculum before
use by an instructor-trainer.
(4) Any revision to ((
the)) an approved instructor
training course curriculum used by an instructor-trainer must
be submitted for review and approval by the department no less
than thirty days prior to its use.
(5) The department may consider other academic instruction in lieu of that listed in subsection (2)(b) of this section.
(6) Before an instructor training course is given, the instructor-trainer or owner must submit a list of the dates, times, and locations for the training, the names of the persons to be trained, and the name of the instructor-trainer who will be providing training.
(7) The department may monitor instructor education courses at any time to ensure that the instructor training requirements of this section are being satisfied.
[Statutory Authority: RCW 46.82.290. 05-16-061, § 308-108-090, filed 7/29/05, effective 8/29/05.]
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 05-16-061, filed 7/29/05)
WAC 308-108-100 Place of business -- Classroom space. (1) The place of business of a driver training school:
(a) Shall not be established nor any business of a driver training school conducted or solicited within one thousand feet of an office building owned or leased by the department of licensing in which examinations for driver's licenses are conducted. The distance of one thousand feet shall be measured along the public streets by the nearest route from the place of business to such building. If the department establishes an office in which examinations for driver's licenses are conducted within one thousand feet of a driver training school's existing location, the driver training school may continue operations in such location until there is a change in school ownership, or the license to operate is not renewed or is suspended or revoked for cause.
(b) Shall be regularly occupied and used exclusively for the business of giving driver instruction. Regularly occupied means that the public and the department can expect to make contact with the school owner or its staff or instructors at the main office during its business hours; and
(c) Shall meet all applicable requirements of chapter 46.82 RCW.
(2) A driver training school's classroom space shall:
(a) Provide sufficient seating and table or desk space for all students enrolled in each class;
(b) Be properly equipped with all other equipment necessary for student training and instruction purposes; and
(c) Use walls, partitions, or separate scheduling of classroom and office activities if the classroom shares a single space with the driver training school office in order to mitigate student distraction or disruption of the instruction.
[Statutory Authority: RCW 46.82.290. 05-16-061, § 308-108-100, filed 7/29/05, effective 8/29/05. Statutory Authority: RCW 46.01.110. 91-01-063, § 308-108-100, filed 12/14/90, effective 1/14/91.]
(a) Carry a twenty-piece occupational safety and health act (OSHA) approved first aid kit, fire extinguisher, and emergency strobe light or reflective triangles;
(b) Pass an annual inspection meeting minimum equipment and safety criteria established by the department that has been conducted by or for the school owner; and
(c) Be used exclusively for driver training purposes at all times when student instruction is being given.
(2) Records of all traffic safety education vehicles used by a commercial driver training school shall:
(a) Be maintained at the school's primary place of business; and
(b) Include the original insurance policy or policies covering the vehicles and copies of the current vehicle registrations and annual vehicle safety inspection report.
[Statutory Authority: RCW 46.82.290. 05-16-061, § 308-108-110, filed 7/29/05, effective 8/29/05.]
(a) Enrolling any students in a course of instruction;
(b) Issuing a verification of enrollment to any student; and
(c) Any classroom or behind the wheel instruction begins)) engaging students in a course of instruction.
(2) Each driver training school shall adopt and provide for its customers a written policy that includes, but is not limited to:
(a) Enrollment criteria;
(b) Student fees and student fee refunds;
(c) Course failures and course repeats; ((
(d) The minimum and maximum course duration;
(e) Refusing to allow a student to attend a driver training education course before the age of fifteen years;
(f) Refusing to enroll new students in a driver education course after the first three classes have been completed; and
(g) Information about Washington's intermediate licensing requirements, restrictions, and penalties.
(3) Driver training school owners and instructors shall maintain individual student records on forms provided by the department or on substantially similar forms that have been approved by the department. Student records shall document for each student:
(a) Course attendance, starting, and ending dates;
Instruction starting and ending)) The dates and
times for each session of classroom and behind the wheel
(c) Classroom and behind the wheel progress and time involvement or flowchart;
(d) Classroom and behind the wheel performance evaluation
(e) The name and signature of the instructor who provided
each session of classroom and behind the wheel ((
session in which the student participated)) instruction; and
(f) That both the student and parent received intermediate license requirements, restriction, and penalty information.
(4) Student records must be maintained by a driver
training school for ((
the past five)) three years from the
date instruction has ended.
(5) Driver training school records that must be
maintained by a driver training school for the past three
including)) include but are not limited to:
(a) The school's written curriculum guide((
(b) Insurance policies((
(c) Collision or injury reports((
(d) Traffic safety education vehicle registration
(e) Records of any traffic violations committed by an
instructor employed by the school((
, must be maintained by a
driver training school for the past three years)).
(6) Upon the sale or other transfer of a school by its owner, the school and student records shall be transferred to the new owner and become the property and responsibility of the new owner.
(7) The driving school owner must notify the department within thirty days of closing the school and submit all unused traffic safety certificates and student course completion reports to the department.
(8) Class size must not exceed city fire code requirements for the classroom.
(9) Traffic safety education classroom hours shall not overlap between two or more classes.
(10) Failure to renew a school license before it expires will put all related branch office or branch classroom licenses into an inactive status.
(11) Student records are subject to department audit and inspection anytime after ninety days of the school's initial licensing, or as soon as practicable for the department.
(12) Branch office or classroom locations must display an official license issued by the department in a conspicuous place.
[Statutory Authority: RCW 46.82.290. 05-16-061, § 308-108-120, filed 7/29/05, effective 8/29/05.]
(2) Records shall be housed and immediately available for
inspection at a driver training school's primary place of
business. Branch office records ((
not immediately available
for inspection)) may be housed at the primary place of
business, however, such records must be made available for
inspection at the branch location within forty-eight hours
following a request for review by the department.
[Statutory Authority: RCW 46.82.290. 05-16-061, § 308-108-130, filed 7/29/05, effective 8/29/05.]
(1) Report to the department within ((
thirty)) ten days
any driving or traffic-related incidents involving an
instructor employed by the school, including but not limited
(a) Conviction for a traffic violation;
(b) Finding that a traffic infraction has been committed;
(c) Entry into a deferred prosecution agreement; or
(d) Suspension, revocation, cancellation, or denial of driving privileges.
(2) Report to the department within twenty-four hours following any traffic safety education vehicle involved in a traffic collision for which an accident report must be or has been made under the provisions of RCW 46.52.030.
(3) Forward to the department by the seventh day of each
month, a ((
monthly)) report of student enrollment in traffic
safety education courses provided by the school, including but
not limited to:
(a) The start date and end date of any courses provided by the school that are initiated during the reporting period, including the total number of students enrolled in each course;
(b) The names and certificate numbers of all instructors providing classroom and/or behind the wheel instruction for each course;
(c) The names and instruction permit or driver's license numbers or dates of birth of all students enrolled in each course, along with the identifying number of the traffic safety education certificate reserved for each student for issuance upon successful completion of the course.
(4) Not less than annually, forward to the department a
vehicle inspection report ((
of the annual inspection of each
traffic safety education vehicle conducted)) as required under
WAC 308-108-110 (1)(b)(( . The driver training school owner
must maintain a copy of the report in the school's records))
for all traffic safety education vehicles in use by the
[Statutory Authority: RCW 46.82.290. 05-16-061, § 308-108-140, filed 7/29/05, effective 8/29/05.]
(1) Classroom and behind the wheel instruction ((
be)) that is complementary. This means that classroom
instruction is (( augmented)) integrated in a timely manner
(( by)) with behind the wheel instruction(( .));
(2) Having students under age eighteen ((
no more than two hours of classroom instruction and no more
than one hour of behind the wheel instruction during any
single day(( .));
(3) For ((
purposes of meeting)) students under the age of
eighteen to meet the traffic safety education requirement of
RCW 46.20.100, instruction (( for students under the age of
eighteen must)) that:
Include)) Includes not less than thirty hours of
classroom instruction; and
Meet)) Meets the behind the wheel instruction and
observation requirements of WAC 308-108-160(( .));
(4) Classroom and behind the wheel instruction ((
provided)) in a course that is scheduled for not less than
(( thirty)) forty days and not more than twenty-six contiguous
weeks in length(( .));
(5) Student enrollment in ((
a class may be open for)) and
attendance of classes no later than the third class session
after the start date of (( a traffic safety education)) the
course. Once enrollment is closed, no new students may be
enrolled in that traffic safety education course or
participate in the classroom instruction or behind the wheel
instruction and observation for that course;
(6) Arrangements for any missed classroom sessions to be made up within the maximum twenty-six week length of the course. All assignments and instruction must be equivalent to the instruction given during the missed sessions;
(7) Distributing to students instructional material developed by the department and the federally designated organ procurement organization for Washington state relating to organ and tissue donation awareness education; and
(8) Review and approval of the local school curriculum by the department as part of the initial application for a school license. To help ensure that minimum standards of instruction are met, the local school curriculum must include but is not limited to the following:
(a) Comprehensive elements of classroom and behind the wheel instruction as defined by the department;
(b) Comprehensive written and behind the wheel examinations, to include:
(i) Written examinations as submitted to and approved by the department; and
(ii) Behind the wheel examination criteria as approved by the department;
(c) A flow chart that indicates how the classroom and behind the wheel instruction are integrated; and
(d) Information on the state of Washington's intermediate license requirements, restrictions, violations, and sanctions for violation of these requirements.
[Statutory Authority: RCW 46.82.290. 05-16-061, § 308-108-150, filed 7/29/05, effective 8/29/05.]
(1))) (a) Behind the wheel instruction consisting of:
(a) Four or more)) (i) Not less than six hours of
on-street behind the wheel vehicle operation under the direct
supervision and direction of a licensed instructor; or
(b))) (ii) (( Three)) Five or more hours of on-street
behind the wheel vehicle operation and four or more hours of
driving simulation instruction under the direct supervision
and direction of a licensed instructor; and
(2))) (b) One or more hours of additional in-vehicle
(2) Behind the wheel instruction must be documented on a form provided or approved by the department, including the time the instruction was conducted, the signature of the instructor, and initials of the student.
[Statutory Authority: RCW 46.82.290. 05-16-061, § 308-108-160, filed 7/29/05, effective 8/29/05.]
At a minimum)) In order to receive a traffic safety
education certificate, all students under the age of eighteen
must (( receive)) satisfactorily complete all portions of the
course of instruction (( according to)) included in the student
curriculum as approved by the driver instructors' advisory
(3) In order to satisfactorily complete a school's driver training course, all students under the age of eighteen must pass a comprehensive driving knowledge and skills test or tests meeting standards established by the department.
(4) Each driver training school must assess the needs and progress of students and give appropriate direction for additional driving experience and/or parent guided practice.
[Statutory Authority: RCW 46.82.290. 05-16-061, § 308-108-170, filed 7/29/05, effective 8/29/05.]
(a) School owners and instructors are responsible for knowing and complying with the requirements of chapter 46.82 RCW and rules promulgated under that chapter.
(b) Any failure to comply with these requirements may lead to disciplinary action affecting an applicant's or licensee's privileges to be licensed or to otherwise operate a commercial driver training school and/or to provide classroom and behind the wheel instruction.
For purposes of consistently administering RCW 46.82.350 and 46.82.360, the department will use the following
guidelines for determining the length of license denial,
suspension, or revocation of a driver training school or
(a) Permanent revocation or denial of a license for conviction of a sexual offense involving a minor;
(b) Revocation or denial of a license for ten years for conviction of a felony, when the felony is related to the activity for which the person is seeking licensure;
(c) Except as otherwise provided in subsections (2)(a) and (2)(b) of this section, revocation or denial of a license for one year for conviction of a felony, crime of violence, dishonesty, deceit, indecency, degeneracy, or moral turpitude;
(d) Revocation or denial of a license for one year for:
(i) Falsification, fraud, or deceit in connection with an original or renewal license or application;
(ii) Fraudulent business practices;
(iii) Fraud or inducement to commit fraud in order to obtain a driver's license; or
(iv) Failure to secure and maintain liability insurance;
(e) Suspension or denial of a license for not less than one hundred eighty days nor more than one year for:
(i) Allowing or conducting unlicensed classroom or behind the wheel instruction, except when under the direct supervision and in the presence of an approved instructor-trainer.
(ii) Failing to satisfactorily adhere to and utilize all required classroom and behind the wheel concepts;
(iii) Failing to maintain or submit student and school records as required by the department; or
(iv) Failing to submit to an inspection or technical assistance visit by the department;
(f) Suspension or denial of a license for ninety days for:
(i) Violating vehicle equipment and signage requirements;
(ii) Instructing a student who is not in possession of a valid instruction permit or driver's license;
(iii) Prohibited advertising;
(iv) Doing business or providing instruction in a prohibited or unlicensed location; or
(v) Instructing or training on a department of licensing driver license testing route;
(g) Suspension or denial of a license for no more than thirty days:
(i) For failing to display the school or instructor license or licenses, or the required minimum curriculum; or
(ii) For failing to satisfy the other conditions of these rules or of chapter 46.82 RCW.
(3) The department may stay all or any portion of the period of a license revocation, suspension, or denial for causes specified in subsections (2)(b), (2)(c), (2)(d), (2)(e), (2)(f), or (2)(g) of this section, subject to such terms and conditions as shall be deemed by the department to be appropriate.
(4))) The original or a facsimile of each final order imposing disciplinary action that is issued to a driver training school or any of its instructors by the department shall be conspicuously displayed immediately adjacent to the driver training school's license. The final order shall be displayed for not less than the duration of the sanction period plus the next sixty days or for one year, whichever is less.
[Statutory Authority: RCW 46.82.290. 05-16-061, § 308-108-180, filed 7/29/05, effective 8/29/05.]