WSR 09-15-194

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed July 22, 2009, 11:35 a.m. ]

Continuance of WSR 09-13-101.

Preproposal statement of inquiry was filed as WSR 06-22-105.

Title of Rule and Other Identifying Information: Chapter 308-110 WAC, Motorcycle safety program.

Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on August 27, 2009, at 3:00 p.m.

Date of Intended Adoption: August 28, 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 August 26, 2009.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Create new chapter 308-110 WAC to establish basic requirements governing the operations and scope of motorcycle skills education courses offered by commercial and noncommercial entities, under contract with the department of licensing. Establish policies and procedures for monitoring and ensuring the ongoing quality of the motorcycle safety program. Provide definitions, application requirements, training requirements, and reporting requirements. Establish administration requirements and provide for audits and inspections. Provide for disciplinary action, suspension, and decertification.

Statutory Authority for Adoption: RCW 46.81A.020, 46.01.110.

Statute Being Implemented: RCW 46.20.520 and chapter 46.81A RCW.

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).

July 22, 2009

D. Maniece

Assistant Director

Chapter 308-110 WAC

Motorcycle Skills Education Program

Draft 1.0
NEW SECTION
WAC 308-110-010   Adoption -- Authority.   Pursuant to chapter 46.81A RCW, this chapter is adopted for the purpose of establishing basic requirements governing the operations and scope of motorcycle safety programs offered by commercial businesses and non-commercial entities, under contract with the department, and includes policies and procedures for monitoring and ensuring the ongoing quality of the motorcycle safety program.

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NEW SECTION
WAC 308-110-020   Definitions.   The definitions of this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Chief instructor" means an instructor holding WMSP Chief Instructor and Motorcycle Safety Foundation (MSF) RiderCoach Trainer certification. A chief instructor may be employed by WMSP or hold a contract with WMSP to perform technical functions, training, and evaluations.

(2) "Department" means the department of licensing.

(3) "Director" means the director of the department of licensing.

(4) "Instructor" means a person, approved by the director, to train students in motorcycle skills education.

(5) "Instructor candidate" means a person, approved by the director, under training to become an instructor.

(6) "Instructor preparation (IP) course" means a series of training events to prepare instructor candidates to certify as instructors.

(7) "Mentor instructor" means an instructor certified by WMSP who assists the program with quality assurance and instructor development activities.

(8) "Motorcycle skills education program" means a motorcycle rider skills training program to be administered by the department.

(9) "Range" means the area of pavement, approved by the director, on which the riding instruction takes place.

(10) "Sponsor" means a person, business, organization, college, university, or club, who contract with WMSP to provide rider skills training. Sponsors are not agents or employees of the department. Sponsors will conduct courses using only the approved curriculum following all policies and procedures of WMSP.

(11) "Sidecar/Trike Education Program" (S/TEP) means the approved curriculum for three-wheel training.

(12) "Student" means any person enrolled in a motorcycle skills education course.

(13) "Training motorcycle" means either:

(a) A motorcycle used for rider education that may be on loan from a motorcycle dealer, owned by the sponsor, or owned by the department; or

(b) A privately owned motorcycle used by a student attending a WMSP contracted course.

(14) "Training site" means a physical address where the riding instruction portion of motorcycle skills education is conducted. Training sites may include more than one range.

(15) "Trike" means a three-wheeled motorcycle as defined in RCW 46.04.330.

(16) "Washington Motorcycle Safety Program" (WMSP) means the department's motorcycle skills education program.

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NEW SECTION
WAC 308-110-030   Instructor candidates -- Application -- Background check and fingerprint check.   (1) Unless waived by the department, an applicant for instructor certification must provide a complete criminal background check, including a fingerprint check and driving abstract.

(2) The department shall review the instructor candidate's criminal background check at the time of initial application. A background check would be considered unacceptable if it contains any conviction of a crime involving violence.

(3) The department shall review the instructor candidate's complete driving abstract at the time of initial application. A driving record would be considered unacceptable if it contains:

(a) An alcohol-related traffic violation within a seven-year period immediately preceding the time of application that resulted in:

(i) A conviction or finding that a traffic infraction was committed for violation of the following:

(A) RCW 46.61.502: Driving under the influence;

(B) RCW 46.61.503: Driver under twenty-one consuming alcohol Penalties;

(C) RCW 46.61.504: Physical control of vehicle under the influence;

(D) RCW 46.61.519: Alcoholic beverages -- Drinking or open container in vehicle on highway -- Exceptions;

(E) RCW 46.61.5195: Disguising alcoholic beverage container;

(F) RCW 46.61.520 (1)(a): Vehicular homicide -- Penalty;

(G) RCW 46.61.522 (1)(b): Vehicular assault -- Penalty; or

(H) RCW 46.61.5249: Negligent driving -- First degree; or

(ii) A conviction or finding that a traffic infraction was committed for violation of a substantially similar law, administrative regulation, local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state;

(b) An administrative action imposed under RCW 46.20.3101 within a seven-year period immediately preceding the time of application;

(c) An administrative action imposed under RCW 46.25.090 within a seven-year period immediately preceding the time of application;

(d) Entry into a deferred prosecution agreement for an alcohol dependency-based case within a seven-year period immediately preceding the time of application;

(e) A driver's license suspension, cancellation, revocation, or denial any time within the five-year period immediately preceding the time of application.

(f) More than three moving traffic violations within a twelve-month period or more than four moving traffic violations within a twenty-four-month period, as defined in WAC 308-104-160.

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NEW SECTION
WAC 308-110-040   Instructor training.   (1) Initial training for instructor candidates will prepare them to teach motorcycle rider safety courses as required under RCW 46.81A.020 (3)(a). The training shall include instruction in motorcycle safety education classroom methods, range management, riding skills instruction, and other principles that prepare an instructor to provide motorcycle safety education as described in these rules and in state law.

(2) The instruction course must be provided by, and under the direct supervision of, a certified chief instructor. The course shall consist of not less than eighty total hours of the approved curriculum covering the following areas:

(a) Education principles and techniques;

(b) Motorcycle riding skills;

(c) Classroom teaching techniques;

(d) Communication skills; and

(e) Course administration.

The department may monitor sponsor-provided instructor candidate training at any time to ensure that the instructor training requirements of this section are being satisfied.

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NEW SECTION
WAC 308-110-050   Instructor requirements.   All candidates for instructor training shall meet the following minimum requirements:

(1) Be a high school graduate, or equivalent, and be at least twenty-one years of age.

(2) Pass all background checks as required by WAC 308-110-030.

(3) Possess a valid Washington driver license with proper motorcycle endorsement.

(4) Be an experienced motorcyclist who owns and regularly operates a street-legal, registered motorcycle, side-car equipped motorcycle, or trike that complies with all applicable vehicle laws and codes.

(5) Have successfully completed a novice rider course (two-wheel candidate), or basic S/TEP course (three-wheel candidate), within twelve months of the IP course.

(6) Be willing to maintain professional conduct as defined by the director-approved curriculum and the WMSP policies and procedures.

(7) Be in good physical condition. Instructors can have no medical conditions inconsistent with the performance of all instructor duties.

(8) Have a current first aid and cardiopulmonary resuscitation (CPR) certification approved by the program coordinator.

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NEW SECTION
WAC 308-110-060   Administration.   (1) Sponsors must have written policies covering registration fee collection and refund, drop-out, counsel-out, no-show, and retest guidelines. These policies are to be provided to students before the commencement of class.

(2) Sponsors shall maintain individual student records on forms provided by the department or on substantially similar forms that have been approved by the department. Required information is contained within the current version of the policies and procedures.

(3) Student records must be maintained by sponsors for a period of six years.

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NEW SECTION
WAC 308-110-070   Audits and inspections.   (1) The department may require that rider education sponsors submit to an inspection or review of the school's operations and records at any time during regular business hours.

(2) The department may schedule annual audits of each sponsor's facilities, operations, records, and procedures.

(3) Records shall be immediately available for inspection at a sponsor's primary place of business.

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NEW SECTION
WAC 308-110-080   Reporting requirements.   All rider education sponsors shall report to the department:

(1) Any incident involving injury to a student within seventy-two hours of the incident.

(2) Any impending legal action against the sponsor within twenty-four hours of notification of the action.

(3) A properly completed class invoice within twenty calendar days of course completion. The invoice must be accompanied by a course completion report.

(4) Other reports as required by the current version of the policies and procedures.

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NEW SECTION
WAC 308-110-090   Disciplinary action.   (1) Rider education sponsors and instructors are responsible for knowing and complying with the requirements of WMSP's policies and procedures, as well as the current rider education curriculum.

(2) Any failure to comply with these requirements may lead to disciplinary action affecting a sponsor's contract, instructor's certification, or ability to otherwise provide rider skills education training.

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NEW SECTION
WAC 308-110-100   Instructor -- Suspension or decertification.   (1) WMSP instructor certification may be suspended by the WMSP program manager for up to ninety days for documented behavior that is inappropriate, inadequate, or for failing to maintain standards as defined by WMSP policies and procedures, instructor standards and responsibilities, and/or curriculum principles.

(2) To be reinstated, a suspended instructor must:

(a) Develop a written plan for corrective action in cooperation with the sponsor. The written corrective action plan must be approved by WMSP.

(b) The suspended instructor will teach a minimum of one novice rider course or basic sidecar/trike class, or more as necessary, under the supervision of a chief instructor or WMSP mentor. For each class, a mentor class report will be submitted.

(c) The suspended instructor must demonstrate a working knowledge of WMSP policies and procedures, instructor standards and responsibilities, and curriculum principles.

(d) Following the observed class, the sponsor will schedule a time with the WMSP coordinator or designee to evaluate the suspended instructor. The sponsor and WMSP coordinator or designee will review the course reports. The WMSP coordinator or designee will make a determination if the necessary corrections were implemented satisfactorily.

(3) Suspended instructors must have instructor status reinstated prior to being allowed to instruct any portion of a training course without the supervision of a mentor or WMSP representative.

(4) The WMSP program manager may decertify an instructor for the following actions:

(a) A conviction of a crime involving violence.

(b) An unacceptable driving record as defined in WAC 308-110-030.

(c) Documented unprofessional conduct, or conduct inconsistent with the program standards, as defined in the WMSP policies and procedures.

(d) An inability to meet curriculum standards.

(4) Instructors may appeal a suspension or decertification by requesting a hearing before a department arbitrator. The arbitrator, following the hearing, will make his or her recommendations to the director, who will make a final determination in the matter.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office