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, license restrictions, and definitions.
Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on June 24, 2008, at 3:00 p.m.
Date of Intended Adoption: July 25, 2008.
Submit Written Comments to: Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, e-mail email@example.com, fax (360) 586-8351, by June 23, 2008.
Assistance for Persons with Disabilities: Contact Clark J. Holloway by June 23, 2008, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Creates a new section, WAC 308-100-005, to establish definitions of terms used in the proposed rules; creates a new section, WAC 308-100-031, to require that a [an] applicant for a commercial driver's license have the skills and training necessary to operate a commercial motor vehicle safely; creates a new section, WAC 308-100-033, establishing the minimum training requirements for applicants for a commercial driver's license; creates a 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 safety; and creates a new section, WAC 308-100-038, to authorize additional restrictions on commercial driver's licenses.
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: 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).
May 15, 2008
(1) "Agribusiness" means a private carrier who in the normal course of business primarily transports:
(a) Farm machinery, farm equipment, implements of husbandry, farm supplies and materials used in farming;
(b) Agricultural inputs, such as seed, feed, fertilizer and crop protection products;
(c) Unprocessed agricultural commodities as defined in RCW 17.21.020; or
(d) Any combination of (a) through (c).
(2) "Classroom instruction" means training provided through lectures, demonstrations, audiovisual presentations, computer-based instruction, driving simulation devices, or similar means. Instruction occurring outside a classroom is included if it does not involve actual operation of a commercial motor vehicle and its components by the student.
(3) "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.
(4) "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.
(5) "Hour," as used in connection with training requirements, means no less than fifty minutes of training or instruction.
(6) "Lab" means a teaching environment involving a non-moving vehicle for hands on instruction supported by classroom material.
(7) "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.
(8) "Proficiency development" means driving exercises that will allow more time to develop the skills needed to demonstrate proficiency, competence, and confidence in the street driving and backing maneuvers portions of a course.
(9) "Range" means an area closed from the public where driving activities are practiced.
(10) "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.
(11) "Training institute" means:
(a) 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;
(b) A licensed private vocational school as that term is defined by RCW 28C.10.020(7); or
(c) An entity in another state that the department has determined provides training or instruction equivalent to that required under WAC 308-100-033.
(a) Be provided by, and under the direct supervision of, a training institute; and
(b) 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) Eighteen hours of street driving training;
(C) Sixteen hours of training in backing maneuvers;
(D) Sixteen hours of proficiency development; and
(E) 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) Fourteen hours of street driving training;
(C) Four hours of training in backing maneuvers;
(D) Four hours of proficiency development; and
(E) Six hours of combined lab training, range training, and observation;
(iii) Thirty-six hours if the applicant is applying for a class C commercial driver's license, including not less than:
(A) Twenty hours of classroom instruction;
(B) Eight hours of street driving training;
(C) Two hours of training in backing maneuvers;
(D) Two hours of proficiency development; and
(E) Four hours of combined lab training, range training, and observation.
(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.
(1) "Agribusiness" restricts the driver to commercial motor vehicles being operated for agribusiness purposes.