WSR 10-11-125

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed May 19, 2010, 10:16 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-07-156.

Title of Rule and Other Identifying Information: Commercial driver's license -- Out-of-service order violations.

Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on June 23, 2010, at 3:00 p.m.

Date of Intended Adoption: June 24, 2010.

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 June 22, 2010.

Assistance for Persons with Disabilities: Contact Clark J. Holloway by June 22, 2010, TTY (360) 664-0116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adds a new section to chapter 308-100 WAC to adopt minimum periods of disqualification for persons violating out-of-service orders while operating commercial motor vehicles.

Reasons Supporting Proposal: Federal regulation 49 C.F.R. 383.51(e) has recently increased the minimum periods of disqualification of persons operating commercial motor vehicles for certain out-of-service order violations. RCW 46.25.090(6) permits the department of licensing to impose disqualification periods within a broad range that is specified in statute, and the proposed rule will set the new minimum disqualification period requirements within the range permitted.

Statutory Authority for Adoption: RCW 46.01.110, 46.25.140.

Statute Being Implemented: RCW 46.25.090.

Rule is necessary because of federal law, 49 C.F.R. 383.51.

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).

May 19, 2010

Walt Fahrer

Rules Coordinator


NEW SECTION
WAC 308-100-135   Out-of-service order violations.   As required for compliance with federal regulation 49 CFR 383.51(e), the Department may not impose a minimum period of disqualification of less than:

(1) One hundred eighty days when disqualifying a person from operating a commercial motor vehicle under RCW 46.25.090 (6)(a); or

(2) Two years when disqualifying a person from operating a commercial motor vehicle under RCW 46.25.090 (6)(b).

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Washington State Code Reviser's Office