WSR 09-13-025

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed June 8, 2009, 1:28 p.m. ]

Supplemental Notice to WSR 09-10-086.

Preproposal statement of inquiry was filed as WSR 09-07-071.

Title of Rule and Other Identifying Information: Vision test and medical screening for issuance of driver's license.

Hearing Location(s): Highways-Licenses Building, Conference Room 413 (check in at counter on first floor), 1125 Washington Street S.E., Olympia, WA, on July 21, 2009, at 3:00 p.m.

Date of Intended Adoption: July 22, 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 July 20, 2009.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend WAC 308-104-010 to base nighttime driving restriction on visual acuity; amend WAC 308-104-014 and 308-104-019 to update medical screening questions on driver's license application.

Reasons Supporting Proposal: Amendment to WAC 308-104-010 is based on input received from interested stakeholders.

Statutory Authority for Adoption: RCW 46.01.110, 46.20.041, 46.20.091, 46.20.120, and 46.20.130.

Statute Being Implemented: RCW 46.20.041, 46.20.091, 46.20.120, and 46.20.130.

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: Doron Maniece, 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).

June 8, 2009

Doron Maniece

Assistant Director


AMENDATORY SECTION(Amending WSR 07-02-104, filed 1/3/07)

WAC 308-104-010   Vision test.   (1) A person applying for a driver's license or instruction permit shall be required to take a vision test administered by the department.

(a) Any person (([with])) with visual acuity worse than 20/40 Snellen with both eyes combined either corrected or uncorrected, or with some apparent significant visual limitation, must have an eye examination by a competent vision authority.

(b) If an applicant's vision cannot be corrected so it will be 20/40 Snellen for visual acuity and if the applicant's vision is between 20/50 Snellen and 20/100 Snellen, or if an applicant's other vision problems cannot be corrected, he or she must submit to a reexamination.

(c) An applicant whose vision cannot be corrected to at least 20/100 Snellen range will be deemed to have failed the portion of the driver's license examination specified by RCW 46.20.130 (1)(a) pertaining to eyesight and ability to see, and will be deemed to have failed to demonstrate that he or she is qualified to drive.

(d) An applicant whose ((optometrist or ophthalmologist answers "no" to the question "In your professional opinion, can this individual see adequately to safety operate a vehicle at night,")) vision cannot be corrected to at least 20/70 Snellen range will be deemed to have failed to demonstrate that he or she is qualified to drive at night.

(2) The department may waive the requirement for a vision test for any person applying to renew his or her driver's license by mail or electronic commerce if the person certifies on the application that his or her vision acuity is no less than 20/40 Snellen for visual acuity, either corrected or uncorrected, and that there are no other vision problems.

(3) The department shall refer for reexamination any person who uses bioptic or telescopic lenses to meet licensing standards for the issuance of any driver's license or instruction permit.

[Statutory Authority: RCW 46.20.130, 46.20.041. 07-02-104, 308-104-010, filed 1/3/07, effective 2/3/07. Statutory Authority: RCW 46.01.110. 04-20-012, 308-104-010, filed 9/24/04, effective 10/25/04; Order 2, 308-104-010, filed 6/26/68.]


AMENDATORY SECTION(Amending WSR 05-15-064, filed 7/12/05)

WAC 308-104-014   Application for driver's license or identicard.   A person applying for an original driver's license, instruction permit, or identification card must provide the following information:

(1) The person's full name, current mailing and residential address, and telephone number;

(2) The person's physical description, including sex, height, weight, and eye color;

(3) The person's date and place of birth;

(4) The person's Social Security number, if the Social Security number is required by state or federal law. If the person's Social Security number is not required by state or federal law, the person may voluntarily provide his or her Social Security number in order to assist the department in verifying identity;

(5) The person's mother's maiden name and whether the person is one of multiple siblings born at the same time;

(6) If the application is for a driver's license or instruction permit, whether the person has been previously licensed, where such license was issued, and under what name;

(7) If the application is for a driver's license or instruction permit, whether the person has ever had his or her driver's license or driving privilege suspended, revoked, cancelled, disqualified, withheld, or denied, and if so, where and when such driving sanction was imposed and the reason for such action;

(8) If the application is for a driver's license or instruction permit, whether the person has had a ((loss of consciousness or control within the last six months that)) mental or physical condition or is taking any medication which could impair his or her ability to operate a motor vehicle;

(9) If the application is for a driver's license and the person is under the age of eighteen, a declaration by the person's parent, guardian, or employer that he or she has read and understands the intermediate license restrictions, and a declaration by the person that he or she has read and understands the intermediate license restrictions;

(10) The person's signature and, if the application is for a driver's license or instruction permit and the person is under the age of eighteen, the signature of the person's custodial parent or legal guardian; and

(11) Any supplementary documentation as may be necessary to verify any of the information required by this section.

[Statutory Authority: RCW 46.20.091 (1)(g) and 46.01.110. 05-15-064, 308-104-014, filed 7/12/05, effective 8/12/05. Statutory Authority: RCW 46.01.110. 00-18-070, 308-104-014, filed 9/1/00, effective 10/2/00; 91-01-063, 308-104-014, filed 12/14/90, effective 1/14/91.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 07-22-031, filed 10/29/07)

WAC 308-104-019   Renewal of driver's license or identicard by electronic commerce--Eligibility.   An applicant for a driver's license renewal or identicard renewal may apply by electronic commerce if he or she has received an authorization notice from the department.

(1) The department may send an authorization notice to a person whose valid driver's license is about to expire if the person:

(a) Is eligible to renew his or her driver's license by electronic commerce under the provisions of RCW 46.20.120 (3)(b) or (4)(b);

(b) Has previously been issued a digital driver's license;

(c) Is at least twenty-four and not more than sixty-five years of age;

(d) Has a valid Social Security number on file with the department;

(e) Has a valid mailing address on his or her driving record as maintained by the department;

(f) Does not have a commercial driver's license, enhanced driver's license or identicard, instruction permit, or agricultural permit;

(g) Has not paid a fee owed to the department with a check that has been dishonored;

(h) Has not failed to appear, respond, or comply with the terms of or in response to a traffic citation or notice of traffic infraction; and

(i) Does not have any actions pending against his or her driver's license or driving privileges.

(2) A person applying for driver's license renewal by electronic commerce must:

(a) Certify that ((within the last six months he or she has not had a loss of consciousness or control that)) he or she has had no mental or physical condition or is not taking any medication which could impair his or her ability to operate a motor vehicle safely;

(b) Make the necessary certification under WAC 308-104-010(2); and

(c) Complete the required application and pay all applicable fees.

(3) The department may send an authorization notice to a person whose valid identicard is about to expire if the person:

(a) Is eligible to renew his or her identicard by electronic commerce under the provisions of RCW 46.20.117 (3)(b);

(b) Is at least twenty-four years of age; and

(c) Has previously been issued a digital identicard.

(4) A person applying for identicard renewal by electronic commerce must complete the required application and pay all applicable fees.

(5) The department may specify the means and establish procedures by which a person may make an application under this section.

[Statutory Authority: RCW 46.01.110 and 46.20.202. 07-22-031, 308-104-019, filed 10/29/07, effective 11/29/07. Statutory Authority: RCW 46.01.110. 04-20-012, 308-104-019, filed 9/24/04, effective 10/25/04.]

Washington State Code Reviser's Office