WSR 09-10-085

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed May 6, 2009, 10:01 a.m. , effective June 6, 2009 ]


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

Purpose: Commercial driver's license -- Serious traffic violation -- Definition, update the definition of "serious traffic violation" for commercial driver's license purposes to delete references to sections of statute that require stops at railroad grade crossings.

Citation of Existing Rules Affected by this Order: Amending WAC 308-100-130.

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

Adopted under notice filed as WSR 09-08-114 on March 31, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 6, 2009.

Doron N. Maniece

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