WSR 10-23-023

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed November 5, 2010, 11:14 a.m. ]

Continuance of WSR 09-15-194.

Preproposal statement of inquiry was filed as WSR 06-22-105.

Title of Rule and Other Identifying Information: Chapter 308-110 WAC, Motorcycle safety program.

Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on December 22, 2010, at 3:00 p.m.

Date of Intended Adoption: December 23, 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 December 22, 2010.

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Create new chapter 308-110 WAC, to establish basic requirements governing the operations and scope of motorcycle skills education courses offered by commercial and noncommercial entities, under contract with the department of licensing. Establish policies and procedures for monitoring and ensuring the ongoing quality of the motorcycle safety program. Provide definitions, application requirements, and training requirements. Establish administration requirements. Provide for disciplinary action, suspension, and decertification.

Statutory Authority for Adoption: RCW 46.81A.020, 46.01.110.

Statute Being Implemented: RCW 46.20.520 and chapter 46.81A RCW.

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).

November 5, 2010

Walt Fahrer

Rules Coordinator


NEW SECTION
WAC 308-110-010   Adoption -- Authority.   Pursuant to chapter 46.81A RCW, this chapter is adopted for the purpose of establishing basic requirements governing the operations and scope of motorcycle safety programs offered by commercial businesses and non-commercial entities, under contract with the department, and includes policies and procedures for monitoring and ensuring the ongoing quality of the motorcycle safety program.

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NEW SECTION
WAC 308-110-020   Definitions.   The definitions of this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Chief Instructor" means an instructor maintaining WMSP Chief Instructor status certified as a Motorcycle Safety Foundation (MSF) RiderCoach Trainer, and/or Evergreen Safety Council (ESC) S/TEP Chief Instructor. Chief Instructors may be employed by WMSP or hold a contract with WMSP to perform, but not limited to, technical functions, training, and evaluations.

(2) "Curriculum" means the motorcycle skills education course(s) approved by the director that lead to motorcycle license testing and endorsement.

(3) "Department" means the department of licensing.

(4) "Director" means the director of the department of licensing.

(5) "Instructor" means a person approved by the director, to train students in motorcycle skills education.

(7) "Instructor candidate" means a person, approved by the director, under training to become an instructor.

(8) "Instructor preparation (IP) course" means a series of training events to prepare instructor candidates to certify as instructors.

(9) "Mentor Instructor" means an instructor maintaining certification by WMSP who assists the program with quality assurance and instructor development activities.

(10) "Motorcycle" means a 2-wheel or 3-wheel motorcycle, scooter, side-car equipped motorcycle, or trike as defined in RCW 46.04.330.

(11) "Motorcycle skills education program" means a motorcycle rider skills training program to be administered by the department.

(12) "Sponsor" means a person, business, organization, college, university, or club, who contracts with WMSP to provide rider skills training. Sponsors are not agents or employees of the department. Sponsors will conduct courses using only the approved curriculum and following their contract along with all policies and procedures of WMSP.

(13) "Sidecar/Trike Education Program" (S/TEP) means the approved curriculum for three-wheel training.

(14) "Student" means any person enrolled in a motorcycle skills education course.

(15) "Training motorcycle" means either:

(a) A motorcycle used for rider education that may be on loan from a motorcycle dealer, owned by the sponsor, or owned by the department; or

(b) A privately owned motorcycle used by a student.

(16) "Training site" means a physical address where instruction of motorcycle skills education is conducted. Training sites may include more than one range.

(17) "Washington Motorcycle Safety Program" (WMSP) means the department's motorcycle skills education program.

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NEW SECTION
WAC 308-110-030   Instructor candidates -- Application.   (1) The department shall review the instructor candidate's application. A background check may be required if any conviction of a crime involving violence is noted on the application.

(2) The department shall review the instructor candidate's complete driving abstract at the time of application. A driving record may be considered unacceptable if it contains:

(a) An alcohol-related traffic violation within a seven-year period immediately preceding the time of application that resulted in:

(i) A conviction or finding that a traffic infraction was committed for violation of the following:

(A) RCW 46.61.502: Driving under the influence;

(B) RCW 46.61.504: Physical control of vehicle under the influence;

(C) RCW 46.61.519: Alcoholic beverages -- Drinking or open container in vehicle on highway;

(D) RCW 46.61.5195: Disguising alcoholic beverage container;

(E) RCW 46.61.520 (1)(a): Vehicular homicide;

(F) RCW 46.61.522 (1)(b): Vehicular assault; or

(G) RCW 46.61.5249: Negligent driving -- First degree; or

(ii) An administrative action imposed under RCW 46.25.090 within a seven-year period immediately preceding the time of application;

(b) A driver's license suspension, cancellation, revocation, or denial any time within the five-year period immediately proceeding the time of application; or

(c) More than three moving traffic violations within a twelve-month period or more than four moving traffic violations within a twenty-four-month period, as defined in WAC 308-104-160.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 308-110-040   Instructor training.   (1) Initial training for instructor candidates will prepare them to teach motorcycle rider safety courses as required under RCW 46.81A.020 (3)(a).

(2) The instruction course must be provided by or audited under the direct supervision of WMSP. The course shall meet the minimum standards of the approved curriculum including, but limited to include the following areas:

(a) Education principles and techniques;

(b) Motorcycle riding skills instruction;

(c) Classroom teaching techniques;

(d) Communication skills; and

(e) Course administration.

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NEW SECTION
WAC 308-110-050   Instructor requirements.   All instructor candidates shall meet the following minimum requirements:

(1) Be a high school graduate, or equivalent, and be at least twenty-one years of age.

(2) Possess a valid driver license with a motorcycle endorsement.

(3) Be a motorcyclist who owns and regularly operates a registered motorcycle, side-car equipped motorcycle, or trike.

(4) Be willing to maintain rules of professional conduct as defined by the director-approved curriculum and the WMSP policies and procedures.

(5) Be in good physical condition. Instructors can have no medical conditions inconsistent with the performance of all instructor duties.

(6) Have a current first aid certification approved by the program coordinator.

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NEW SECTION
WAC 308-110-060   Disciplinary action -- Suspension.   (1) Instructors, Mentor Instructors, and Chief Instructors are responsible for knowing and complying with the requirements of WMSP's policies and procedures and curriculum.

(2) Documented behavior, failure to comply with these requirements, or unwillingness or inability to maintain standards or principles of the curriculum may lead to disciplinary action affecting an instructor's certification, or ability to otherwise provide rider skills education training.

(3) WMSP instructor certification may be suspended by the WMSP program manager for up to ninety days for documented behavior that is inappropriate, inadequate, or unwillingness/inability to maintain standards or principals of the curriculum and for failing to maintain standards as defined by WMSP policies and procedures, instructor standards and responsibilities, and/or curriculum design.

(4) To be reinstated, a suspended instructor must:

(a) Develop a written plan for corrective action in cooperation with the sponsor. The written corrective action plan must be approved by WMSP.

(b) The suspended instructor will teach a minimum of one novice rider course or basic sidecar/trike class, or more as necessary, under the supervision of a chief instructor or WMSP mentor. For each class, a mentor class report will be submitted.

(c) The suspended instructor must demonstrate a working knowledge of WMSP policies and procedures, instructor standards and responsibilities, and curriculum principles.

(d) Following the observed class, the sponsor will schedule a time with the WMSP coordinator or designee to evaluate the suspended instructor. The sponsor and WMSP coordinator or designee will review the course reports. The WMSP coordinator or designee will make a determination if the necessary corrections were implemented satisfactorily.

(5) Suspended instructors must have instructor status reinstated prior to being allowed to instruct any portion of a training course without the supervision of a mentor or WMSP representative.

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NEW SECTION
WAC 308-110-070   Instructor -- Decertification.   (1) The WMSP program manager may decertify an instructor for the following actions:

(a) A conviction of a crime involving violence.

(b) An unacceptable driving record as defined in WAC 308-110-030.

(c) Documented unprofessional conduct which is inappropriate.

(d) An unwillingness or inability to maintain curriculum standards or principals or conduct inconsistent with the program standards, as defined in the WMSP policies and procedures.

(e) An inability to meet curriculum standards.

(2) Instructors may appeal a suspension or decertification by requesting a hearing before a department arbitrator. The arbitrator, following the hearing, will make his or her recommendations to the director, who will make a final determination in the matter.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office