WSR 08-19-059

EMERGENCY RULES

DEPARTMENT OF LICENSING


[ Filed September 12, 2008, 4:05 p.m. , effective September 12, 2008, 4:05 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Occupational/temporary restricted driver's license -- Person eligible. Amends the minimum portions of the periods of driver's license suspension, revocation, or denial that are imposed administratively based on a law enforcement officer's report of an arrest for an alcohol-related traffic violation after which a person may apply for an occupational/temporary restricted driver's license.

Citation of Existing Rules Affected by this Order: Amending WAC 308-104-100.

Statutory Authority for Adoption: RCW 46.01.110 and 46.20.391.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: RCW 46.20.391 (1)(c) requires that the department provide by rule the minimum portions of the periods of suspension, revocation, or denial set forth in RCW 46.20.3101 after which a person may apply for a temporary restricted driver's license. In establishing the minimum portions of these periods, the department is required to consider the requirements of federal law regarding state eligibility to obtain incentive grants. 23 C.F.R. 1313.6, the federal rule establishing eligibility, has recently been amended to reduce the minimum portions of the periods of suspension, revocation, or denial when the temporary restricted license permits the operation of only vehicles equipped with an ignition interlock device (IID). RCW 46.20.391 complies with the IID requirement. The department finds that adoption of this amendment will encourage the lawful operation of vehicles so equipped, and accordingly adopts this rule for the preservation of the public health and safety.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.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 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: September 10, 2008.

Doron Maniece

for Becky Loomis

Assistant Director


AMENDATORY SECTION(Amending WSR 04-18-059, filed 8/27/04, effective 9/27/04)

WAC 308-104-100   Occupational/temporary restricted driver's license -- Person eligible.   (1) Upon proper application, the department shall issue an occupational/temporary restricted driver's license to any person who has had his or her driver's license suspended or revoked who meets the requirements of RCW 46.20.380 and 46.20.391, provided that on the date of conviction for the offense on which the suspension or revocation is based or, if the suspension or revocation is based on an administrative action, on the date the suspension or revocation became effective, or, if there are multiple suspensions or revocations in effect, on the date of conviction for the offense on which the first suspension or revocation is based or on the date the first suspension or revocation based on an administrative action became effective:

(a) The person had an unexpired driver's license;

(b) The person did not have his or her resident driver's license or nonresident driving privilege suspended or revoked for any reason; and

(c) The person had not been required to surrender his or her Washington driver's license to the department for failure to maintain proof of financial responsibility for the future.

(2) No person may petition for, and the department shall not issue, an occupational/temporary restricted driver's license that is effective during:

(a) The first ((thirty)) fifteen days of any suspension, revocation, or denial imposed under RCW 46.20.3101 (1)(a), (2)(a), or (3)(a); or

(b) The first ((ninety)) forty-five days of any revocation or denial imposed under ((RCW 46.20.3101 (1)(a); or

(c) The first year of any revocation or denial imposed under)) RCW 46.20.3101 (1)(b), (2)(b), or (3)(b).

(3) Notwithstanding the provisions of this section, an occupational/temporary restricted driver's license shall not be issued for the operation of a commercial motor vehicle when the commercial driver has had his or her license suspended, revoked, or denied, or has been disqualified from operating a commercial motor vehicle.

[Statutory Authority: RCW 46.01.110 and 46.20.391 (1)(c). 04-18-059, 308-104-100, filed 8/27/04, effective 9/27/04. Statutory Authority: RCW 46.01.110. 00-18-070, 308-104-100, 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, 308-104-100, filed 8/24/89, effective 9/24/89. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. 86-07-018 (Order DS 2), 308-104-100, filed 3/12/86. Statutory Authority: RCW 46.01.110. 82-03-046 (Order 668 DOL), 308-104-100, filed 1/19/82; Order MV 349, 308-104-100, filed 1/28/76.]

Washington State Code Reviser's Office