WSR 07-02-104

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed January 3, 2007, 10:24 a.m. , effective February 3, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Updates 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.

Citation of Existing Rules Affected by this Order: Amending WAC 308-104-010.

Statutory Authority for Adoption: RCW 46.20.130, 46.20.041.

Adopted under notice filed as WSR 06-21-129 on October 18, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: January 2, 2007.

Becky Loomis

Assistant Director


AMENDATORY SECTION(Amending WSR 04-20-012, filed 9/24/04)

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

(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 safety 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 licenses 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.

Washington State Code Reviser's Office