WSR 10-15-020

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed July 9, 2010, 7:30 a.m. , effective August 9, 2010 ]


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

Purpose: Commercial driver's license -- Out-of-service order violations. Adopts minimum periods of disqualification for persons violating out-of-service orders while operating commercial motor vehicles. Adds a new section to chapter 308-100 WAC.

Statutory Authority for Adoption: RCW 46.01.110, 46.25.140.

Adopted under notice filed as WSR 10-11-125 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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


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