WSR 09-08-114

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed March 31, 2009, 3:48 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-24-035.

Title of Rule and Other Identifying Information: Commercial driver's license -- Serious traffic violation -- Definition.

Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on May 5, 2009, at 3:00 p.m.

Date of Intended Adoption: May 6, 2009.

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 May 4, 2009.

Assistance for Persons with Disabilities: Contact Clark J. Holloway by May 4, 2009, TTY (360) 664-0116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend WAC 308-100-130(3) to update the definition of "serious traffic violation" for commercial driver's license purposes to delete references to sections of statute that requires stops at railroad grade crossings. These offenses are now covered in a separate section of statute, RCW 46.25.090(8).

Reasons Supporting Proposal: A recent federal audit of the state's commercial driver's license program determined that including these offenses in the definition of "serious traffic violation" constituted potential noncompliance with federal regulations.

Statutory Authority for Adoption: RCW 46.25.010, 46.25.140, and 46.01.110.

Statute Being Implemented: RCW 46.25.010.

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).

March 30, 2009

Becky Loomis

Assistant Director


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

WAC 308-100-130   Serious traffic violations.   In addition to the violations enumerated in RCW 46.25.010(16), "Serious traffic violation" shall include:

(1) Negligent driving in the first or second degree, as defined by RCW 46.61.5249 or 46.61.525;

(2) Following too closely, as defined by RCW 46.61.145;

(3) Failure to stop, as defined by RCW 46.61.055, 46.61.065, 46.61.195, 46.61.200, ((46.61.340, 46.61.345, 46.61.350,)) 46.61.365, 46.61.370, or 46.61.375;

(4) Failure to yield right of way, as defined by RCW 46.61.180, 46.61.185, 46.61.190, 46.61.202, 46.61.205, 46.61.210, 46.61.215, 46.61.220, 46.61.235, 46.61.245, 46.61.261, 46.61.300, or 46.61.427;

(5) Speed too fast for conditions, as defined by RCW 46.61.400;

(6) Improper lane change or travel, as defined by RCW 46.61.140; and

(7) Improper or erratic lane changes, including:

(a) Improper overtaking on the right, as defined by RCW 46.61.115;

(b) Improper overtaking on the left, as defined by RCW 46.61.120; and

(c) Improper driving to left of center of roadway, as defined by RCW 46.61.125.

[Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. 00-18-068, 308-100-130, 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, 308-100-130, filed 8/24/89, effective 9/24/89.]

Washington State Code Reviser's Office