WSR 07-20-119

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed October 3, 2007, 9:34 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-16-136.

Title of Rule and Other Identifying Information: Commercial driver's licenses: Eligibility requirements, training requirements, test requirements, and fees for commercial driver's licenses.

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 6, 2007, at 3:00 p.m.

Date of Intended Adoption: November 7, 2007.

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 5, 2007.

Assistance for Persons with Disabilities: Contact Clark J. Holloway by November 5, 2007, TTY (360) 664-0116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Creates new section WAC 308-100-005, to establish definitions of terms used in the proposed rules; creates new section WAC 308-100-031, to require that a applicant for a commercial driver's license have the skills and training necessary to operate a commercial motor vehicle safely; creates new section WAC 308-100-033, establishing the minimum training requirements for applicants for a commercial driver's license; creates new section WAC 308-100-035, to provide for employer certification that an applicant has the skills and training necessary to operate a commercial motor vehicle safely; amends WAC 308-100-040, to delete an outdated provision and to specify the components of a skills test for a commercial driver's license; and amends WAC 308-100-050 and 308-100-180, to update fee changes enacted by the legislature.

Reasons Supporting Proposal: Rules are necessary to implement changes made by the legislature in chapter 418, Laws of 2007.

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

Statute Being Implemented: RCW 46.25.060.

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: Mykel Gable, 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 3, 2007

Jennifer Helget

for Mykel Gable

Assistant Director


NEW SECTION
WAC 308-100-005   Definitions.   The definitions of this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Classroom" means a room where classes are conducted by an instructor for interaction with students addressing knowledge of concepts, techniques, and procedures in the operation of commercial motor vehicles.

(2) "Employee" means any operator of a commercial motor vehicle, including full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner operator contractors, while in the course of operating a commercial motor vehicle, who are either directly employed by or under lease to an employer.

(3) "Employer" means a person or entity that hires one or more individuals to operate a commercial motor vehicle on a regular basis during their normal course of employment and whose primary purpose is not to train operators of commercial motor vehicles.

(4) "Hour," as used in connection with training requirements, means no less than fifty minutes of training or instruction.

(5) "Lab" means a teaching environment involving a non-moving vehicle for hands on instruction supported by classroom material.

(6) "Observation" means the careful watching, as a passenger in a commercial motor vehicle, of street driving during the hours of course instruction, recording lessons learned and applying classroom material.

(7) "Range" means an area closed from the public where driving activities are practiced.

(8) "Street driving" means driving a commercial motor vehicle on a public road, where the traffic laws are enforced, consisting of city street, country road, and freeway driving.

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NEW SECTION
WAC 308-100-031   Skill and training requirements for commercial driver's license.   Unless waived under RCW 46.25.060(3), an applicant for a commercial driver's license must complete the minimum training requirements specified under WAC 308-100-033, or be certified by an employer under WAC 308-100-035 as having the skills and training necessary to operate a commercial motor vehicle safely.

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NEW SECTION
WAC 308-100-033   Minimum training requirements.   (1) To ensure the quality of the training given, a training course acceptable to the director 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 entity in another state that the department has determined provides training or instruction equivalent to that required under this section.

(b) For training beginning on or after January 15, 2008, be not less than:

(i) One hundred sixty hours if the applicant is applying for a class A commercial driver's license, including not less than:

(A) Forty hours of classroom instruction;

(B) Thirty hours of street driving training;

(C) Twenty hours of training in backing maneuvers; and

(D) Seventy hours of combined lab training, range training, and observation;

(ii) Forty eight hours if the applicant is applying for a class B commercial driver's license, including not less than:

(A) Twenty hours of classroom instruction;

(B) Eighteen hours of street driving training;

(C) Four hours of training in backing maneuvers; and

(D) Six hours of combined lab training, range training, and observation;

(iii) Thirty two hours if the applicant is applying for a class C commercial driver's license, including not less than:

(A) Sixteen hours of classroom instruction;

(B) Ten hours of street driving training;

(C) Two hours of training in backing maneuvers; and

(D) Four hours of combined lab training, range training, and observation.

(c) Include core functions that have been specified by the department in the categories of training listed in subsection (1)(b) of this section.

(2) A licensed private vocational school must maintain individual student records. Student records shall document for each student:

(a) Course attendance, starting, and ending dates;

(b) The dates and times for each session;

(c) The number of hours spent on each category of instruction covered; and

(d) The name and signature of the instructor who provided each session of instruction or training.

(3) Student records must be maintained by a licensed private vocational school for the past five years from the date instruction or training has ended and must be made available for inspection at the request of the department.

(4) A licensed private vocational school may issue a certificate of completion on a form provided by the department to a student who has received the training required under subsection (1) of this section. An accredited institution of higher learning may issue a certificate of completion to a student who has received appropriate training. A certificate issued under this subsection must be used by a student to demonstrate to the department that he or she has met the minimum requirements required under this section.

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NEW SECTION
WAC 308-100-035   Employer certification.   An employer may certify an applicant for a commercial driver's license as having the skills and training necessary to operate a commercial motor vehicle safely on a form provided by the department. The certification must include the classification or classifications of commercial motor vehicle that the employee or prospective employee is competent to operate.

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AMENDATORY SECTION(Amending WSR 00-18-068, filed 9/1/00, effective 10/2/00)

WAC 308-100-040   Examination requirement for commercial driver's license.   ((Persons receiving a commercial driver's license by virtue of a waiver will be required to pass a written examination testing their knowledge of motor vehicle laws, rules of the road, and of the class of vehicle for which they are seeking the commercial driver's license.))

(1) Persons ((who receive)) applying for a commercial driver's license((, without a waiver,)) will be required to pass a written examination testing their knowledge of motor vehicle laws, rules of the road, and of the class of vehicle for which they are seeking the commercial driver's license. They will also be required to demonstrate successfully their operating ((abilities)) skills for the class of vehicle for which they seek the commercial driver's license. Skill examinations under this subsection shall consist of three components:

(a) Pre-trip inspection;

(b) Basic controls; and

(c) Road test.

(2) The department may conduct written examinations in a group setting. Group examinations may be conducted at job sites, union halls, or other locations deemed appropriate by the department. If the department is conducting the written examination in a group setting, the payment of the basic fee and knowledge examination fee may be deferred until the applicant completes his or her application for a commercial driver's license.

[Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. 00-18-068, 308-100-040, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 3, 5, 8 and 16. 89-18-003, 308-100-040, filed 8/24/89, effective 9/24/89; Order 1, 308-100-040, filed 1/5/68.]


AMENDATORY SECTION(Amending WSR 00-18-068, filed 9/1/00, effective 10/2/00)

WAC 308-100-050   Fees.   (1) The basic fee for obtaining or renewing any class of commercial driver's license shall be ((twenty)) thirty dollars((, unless the commercial driver's license is renewed or extended for a period other than five years, in which case the fee for each class shall not exceed four dollars for each year that the commercial driver's license is renewed or extended)).

(2) The examination fee for each commercial driver's license knowledge examination, commercial driver's license endorsement knowledge examination, or any combination of commercial driver's license and endorsement knowledge examinations, shall be ten dollars.

(3)(a) Except as provided in subsection (b) of this subsection, the examination fee for each commercial driver's license skill examination conducted by the department shall be ((fifty)) one hundred dollars. ((An application for a commercial driver's instruction permit shall be accompanied by a fee of five dollars.))

(b) If the applicant's primary use of a commercial driver's license is for any of the following, then the examination fee for each commercial driver's license skill examination conducted by the department shall be seventy-five dollars:

(i) Public benefit not-for-profit corporations that are federally supported head start programs; or

(ii) Public benefit not-for-profit corporations that support early childhood education and assistance programs as described in RCW 43.215.405(4).

(4) An applicant who has failed the skill examination must re-test and pay the full fee required under subsection (3) of this section.

(5) Drivers selected for reexamination by the department may be subject to costs associated with the testing. ((These))

(6) The fees in this section are in addition to the regular drivers' licensing fees.

[Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. 00-18-068, 308-100-050, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110, 46.20.470 and 46.20.505. 00-02-017, 308-100-050, filed 12/27/99, effective 7/1/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 3, 5, 8 and 16. 89-18-003, 308-100-050, filed 8/24/89, effective 9/24/89. Statutory Authority: RCW 46.01.110. 82-03-046 (Order 668 DOL), 308-100-050, filed 1/19/82; Order 691101, 308-100-050, filed 11/26/69; Order 1, 308-100-050, filed 1/5/68.]

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 03-10-024, filed 4/28/03, effective 5/29/03)

WAC 308-100-180   Third party testing fee.   (1)(a) Except as provided in WAC 308-100-190 (((Requirements for exceeding base fee))) or subsection (b) of this subsection, the base fee for each classified skill examination or combination of skill examinations conducted by a third party tester shall not be more than ((seventy-five)) one hundred dollars.

(b) If the applicant's primary use of a commercial driver's license is for any of the following, then the examination fee for each commercial driver's license skill examination conducted by a third party tester shall not be more than seventy-five dollars:

(i) Public benefit not-for-profit corporations that are federally supported head start programs; or

(ii) Public benefit not-for-profit corporations that support early childhood education and assistance programs as described in RCW 43.215.405(4).

(2) An applicant who has failed the skill examination must re-test and pay the full fee required under subsection (1) of this section.

(3) 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.

(4) Fees owed to a third party tester under this section must be paid by the applicant to the department. The department will reimburse the third party tester for the fees as provided in the third party tester agreement entered into under WAC 308-100-140.

(5) The fees in this section are in addition to the regular drivers' licensing fees.

[Statutory Authority: RCW 46.01.110, 46.25.060, 46.25.140. 03-10-024, 308-100-180, filed 4/28/03, effective 5/29/03. 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 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.

Washington State Code Reviser's Office