PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-12-127.
Title of Rule and Other Identifying Information: WAC 308-104-010 Vision test for driver's license and instruction permit issuance.
Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on November 21, 2006, at 3:00 p.m.
Date of Intended Adoption: November 22, 2006.
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 November 20, 2006.
Assistance for Persons with Disabilities: Contact Clark J. Holloway by November 20, 2006, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amends WAC 308-104-010 to update policies and procedures relating to the requirement, scoring, and consequences of vision tests taken by applicants for driver's licenses and instruction permits. Policies and procedures are being updated to improve traffic safety based on the results of an internal study of the current rule and its effects.
Statutory Authority for Adoption: RCW 46.20.130, 46.01.110.
Statute Being Implemented: RCW 46.20.130, 46.20.041.
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).
October 18, 2006
Becky Loomis
Assistant Director
(a) Any person ((having less)) with visual acuity worse
than ((a)) 20/40 Snellen ((vision acuity)) with both eyes
combined either corrected or uncorrected, or ((having)) with
some apparent significant visual limitation, must have an eye
examination by ((an ophthalmologist or optometrist)) a
competent vision authority.
(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)) for visual acuity and if the applicant's vision is
between 20/50 Snellen and 20/100 Snellen, or if an applicant's
other vision problems cannot be corrected, he or she must
submit to a ((special examination in order to determine if a
license shall be issued and whether limitations or
restrictions should be imposed)) re-examination.
(c) An applicant whose vision cannot be corrected to at least 20/100 Snellen range will be deemed to have failed the portion of the driver's license examination specified by RCW 46.20.130 (1)(a) pertaining to eyesight and ability to see, and will be deemed to have failed to demonstrate that he or she is qualified to drive.
(d) An applicant whose optometrist or ophthalmologist answers "no" to the question "In your professional opinion, can this individual see adequately to safely operate a vehicle at night," will be deemed to have failed to demonstrate that he or she is qualified to drive at night.
(2) The department may waive the requirement for a vision
test for any person applying to renew his or her 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.
(3) The department shall refer for re-examination any person who uses bioptic or telescopic lenses to meet licensing standards for the issuance of any driver's license or instruction permit.
[Statutory Authority: RCW 46.01.110. 04-20-012, § 308-104-010, filed 9/24/04, effective 10/25/04; Order 2, § 308-104-010, filed 6/26/68.]
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.