WSR 09-17-111

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed August 18, 2009, 12:45 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 308-100-031 Skill and training requirements for commercial driver's license.

Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on September 22, 2009, at 3:00 p.m.

Date of Intended Adoption: September 23, 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 25, 2009.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amends WAC 308-100-031 to extend period in which the department may issue a CDL restricted to operation of a commercial motor vehicle for agribusiness purposes until June 30, 2011.

Reasons Supporting Proposal: Brings rule into conformance with recent legislation.

Statutory Authority for Adoption: RCW 46.25.140 and 46.01.110.

Statute Being Implemented: Section 1, chapter 339, Laws of 2009.

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).

August 18, 2009

Walt Fahrer

Rules Coordinator


AMENDATORY SECTION(Amending WSR 08-16-017, filed 7/25/08)

WAC 308-100-031   Skill and training requirements for commercial driver's license.   ((On or after January 2, 2009,)) An applicant for a commercial driver's license must complete the minimum training requirements specified under WAC 308-100-033, unless waived under RCW 46.25.060(3). The department also may issue a commercial driver's license to an applicant certified by an employer under WAC 308-100-035 as having the skills and training necessary to operate a commercial motor vehicle safely. Until ((January 2, 2010)) June 30, 2011, the department may issue a commercial driver's license that is restricted to the operation of a commercial motor vehicle for agribusiness purposes under WAC 308-100-038 to an applicant who does not otherwise meet the requirements of this section.

[Statutory Authority: RCW 46.01.110, 46.25.060, and 46.25.140. 08-16-017, 308-100-031, filed 7/25/08, effective 8/25/08.]

Washington State Code Reviser's Office