WSR 09-21-092

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed October 20, 2009, 9:53 a.m. , effective January 1, 2010 ]


     Effective Date of Rule: January 1, 2010.

     Purpose: Amending a section within chapter 308-108 WAC to update driver training school program rules to make administrative enhancements.

     Citation of Existing Rules Affected by this Order: Amending WAC 308-108-150.

     Statutory Authority for Adoption: RCW 46.82.290.

      Adopted under notice filed as WSR 09-15-193 on July 22, 2009.

     Changes Other than Editing from Proposed to Adopted Version:

     •     WAC 308-108-150 (8)(e), revised to provide that the parent night must be no less than one hour, which may be a part of the thirty hours required for student learning. Also revised to permit the student's guardian or employer to substitute for a parent, to allow for the fact that a guardian or employer may supervise driving experience necessary to apply for an intermediate driver's license under RCW 46.20.075, and authorize the issuance of a license to a driver under age eighteen under RCW 46.20.100.

     •     WAC 308-108-150(9), this subsection has been deleted.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 8, 2009.

Walt Fahrer

Rules Coordinator


AMENDATORY SECTION(Amending WSR 07-01-069, filed 12/18/06)

WAC 308-108-150   Curriculum schedule.   A driver training school may offer classroom and behind the wheel instruction to students throughout the year. In order to be approved by the director, a curriculum schedule must satisfy or include the following requirements:

     (1) Classroom and behind the wheel instruction that is complementary. This means that classroom instruction is integrated in a timely manner with behind the wheel instruction;

     (2) Having students under age eighteen complete no more than two hours of classroom instruction during any single day, except for make-up classes which shall be no more than two additional hours of class not to exceed three total make-up classes during the traffic safety education course, and no more than one hour of behind the wheel instruction during any single day;

     (3) For students under the age of eighteen to meet the traffic safety education requirement of RCW 46.20.100, instruction that:

     (a) Includes not less than thirty hours of classroom instruction; ((and))

     (b) Meets the behind the wheel instruction and observation requirements of WAC 308-108-160;

     (c) Consists of at least one hour minimum and no more than two hours maximum of class session during a single day, except when adding a make-up class as provided in subsection (2) of this section, in which case classroom instruction must not exceed four hours in a single day;

     (d) With the exception of make-up lessons, ensures that all students in a classroom session must be on the same lesson. Open enrollment or self-paced instruction is not permitted; and

     (e) Ensures that each traffic safety education classroom course is at least fifty-percent instructor-led verbal instruction consisting of:

     (i) In-person training;

     (ii) Teacher and student interaction; and

     (iii) Questions and answers;

     (4) Classroom and behind the wheel instruction in a course that is scheduled for not less than thirty days ((and not more than twenty-six)) in which lessons must be in contiguous weeks ((in length));

     (5) ((Student enrollment in and attendance of classes no later than the third class session after the start date of the course. Once enrollment is closed, no new students may be enrolled in that traffic safety education course or participate in the classroom instruction or behind the wheel instruction and observation for that course)) Students may not enroll in a traffic safety education course after the third class session of any given course;

     (6) ((Arrangements for any missed classroom sessions to be made up within the maximum twenty-six week length of the course.)) All make-up assignments and instruction must be equivalent to the instruction given during the missed sessions;

     (7) Distributing to students instructional material developed by the department and the federally designated organ procurement organization for Washington state relating to organ and tissue donation awareness education; and

     (8) Review and approval of the local school curriculum by the department as part of the initial application for a school license. To help ensure that minimum standards of instruction are met, the local school curriculum must include but is not limited to the following:

     (a) Comprehensive elements of classroom and behind the wheel instruction as defined by the department;

     (b) Comprehensive written and behind the wheel examinations, to include:

     (i) Written examinations as submitted to and approved by the department; and

     (ii) Behind the wheel examination criteria as approved by the department;

     (c) A flow chart that indicates how the classroom and behind the wheel instruction are integrated; ((and))

     (d) Information on the state of Washington's intermediate license requirements, restrictions, violations, and sanctions for violation of these requirements; and

     (e) A designated time for a parent, guardian, or employer night that is no less than one hour, which may be a part of the thirty hours required for student training, and must include:

     (i) Instruction on the parent, guardian, or employer responsibilities and the importance of parent, guardian, or employer involvement with the teen driver;

     (ii) Information on intermediate license laws, restrictions, and sanctions;

     (iii) An introduction to the parent guide to teen driving; and

     (iv) A questions and answers period.

[Statutory Authority: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340. 07-01-069, § 308-108-150, filed 12/18/06, effective 1/18/07. Statutory Authority: RCW 46.82.290. 05-16-061, § 308-108-150, filed 7/29/05, effective 8/29/05.]

© Washington State Code Reviser's Office