WSR 10-15-019

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed July 9, 2010, 7:29 a.m. , effective August 9, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Renewal of driver's license or identicard by electronic commerce -- Eligibility. Remove the requirement for notice of eligibility for renewal of driver's license or identicard by electronic commerce and to change eligibility requirements for applicants to renew driver's licenses by electronic commerce. Eligibility for renewal of driver's license by electronic commerce is amended to raise the maximum age for renewal by electronic commerce from age sixty-five to age seventy.

Citation of Existing Rules Affected by this Order: Amending WAC 308-104-019.

Statutory Authority for Adoption: RCW 46.01.110, 46.20.117, and 46.20.120.

Adopted under notice filed as WSR 10-11-124 on May 19, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 9, 2010.

Walt Fahrer

Rules Coordinator


AMENDATORY SECTION(Amending WSR 09-16-012, filed 7/23/09)

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)) permitted under this section.

(1) ((The department may send an authorization notice to)) A person whose valid driver's license is about to expire may be allowed to renew by electronic commerce 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)) seventy 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 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 may renew by electronic commerce 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 46.61.110, 46.20.041, 46.20.091, 46.20.120, and 46.20.130. 09-16-012, 308-104-019, filed 7/23/09, effective 8/23/09. 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