WSR 07-24-025

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed November 28, 2007, 10:50 a.m. , effective December 29, 2007 ]


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

Purpose: Defines commercial driver's license skill test components and sets testing fees.

Citation of Existing Rules Affected by this Order: Amending WAC 308-100-040, 308-100-050, and 308-100-180.

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

Adopted under notice filed as WSR 07-20-119 on October 3, 2007.

Changes Other than Editing from Proposed to Adopted Version: Proposed new sections WAC 308-100-005, 308-100-031, 308-100-033, and 308-100-035 have been withdrawn for further consideration.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 27, 2007.

Mykel D. Gable

Assistant Director


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 (3)(b) of this section, 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.]


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 (1)(b) of this section, 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.]

Washington State Code Reviser's Office