WSR 08-16-017

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed July 25, 2008, 11:43 a.m. , effective August 25, 2008 ]


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

Purpose: Establishes eligibility requirements, training requirements, license restrictions, and definitions for commercial driver's licensing purposes.

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

Adopted under notice filed as WSR 08-11-053 on May 16, 2008.

Changes Other than Editing from Proposed to Adopted Version: Narrowed definition of "agribusiness" in WAC 308-100-005 (1)(c).

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 5, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New [5], Amended 5 [0], Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 25, 2008.

Becky Loomis

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) "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, where such commodities are produced by farmers, ranchers, vineyardists, or orchardists; 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.

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NEW SECTION
WAC 308-100-031   Skill and training requirements for commercial driver's license.   On or after January 2, 2009, an applicant for a commercial driver's license must complete the minimum training requirements specified under WAC 308-100-033, unless waived under RCW 46.25.060(3). The department also may issue a commercial driver's license to an applicant certified by an employer under WAC 308-100-035 as having the skills and training necessary to operate a commercial motor vehicle safely. Until January 2, 2010, the department may issue a commercial driver's license that is restricted to the operation of a commercial motor vehicle for agribusiness purposes under WAC 308-100-038 to an applicant who does not otherwise meet the requirements of this section.

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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, 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.

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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 endorsements of commercial motor vehicle that the employee or prospective employee is competent to operate.

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NEW SECTION
WAC 308-100-038   Commercial driver's license -- Additional restrictions.   In addition to the endorsements and restrictions that may be placed on a commercial driver's license under RCW 46.25.080 (2)(b), the department may place a "Z" restriction on a driver's license to indicate that there is a specific restriction on file with the department. Specific restrictions for commercial driver's licenses that may be kept on file include:

(1) "Agribusiness" restricts the driver to commercial motor vehicles being operated for agribusiness purposes.

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Washington State Code Reviser's Office