Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-09-031.

     Title of Rule and Other Identifying Information: Chapter 308-110 WAC, Administration of knowledge and skills testing by driver training schools and WAC 308-108-100 Place of business -- Classroom space.

     Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA 98507 (check in at counter on first floor), on July 10, 2012, at 3:00 p.m.

     Date of Intended Adoption: July 11, 2012.

     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 July 9, 2012.

     Assistance for Persons with Disabilities: Contact Clark J. Holloway by July 9, 2012, TTY (360) 664-0116.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To create guidelines for driver training schools (DTS) to administer knowledge and driving examinations. By creating rules there will be a clear understanding of the requirements to administer examinations. This will establish procedures to be in compliance with the terms of the agreements between department of licensing (DOL) and DTS. The anticipated effect will be that wait times in the LSOs will be reduced and provide customers the flexibility to obtain a license examination at a DTS.

     Creates new chapter 308-110 WAC to define terms, set requirements for the establishment of agreements to administer knowledge and skills tests, set standards for the administration of examinations and examiners, set record-keeping requirements, provides for inspections and audits, and imposes sanctions for violations. Makes a conforming amendment related to classroom use in WAC 308-108-100 and clarifies language in that section.

     Reasons Supporting Proposal: Required by RCW 46.82.450(2).

     Statutory Authority for Adoption: RCW 46.01.110, 46.82.450.

     Statute Being Implemented: RCW 46.82.450.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: DOL, 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) 902-3763.

     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).

June 6, 2012

Damon Monroe

Rules Coordinator

     (1) "Agreement" means a written agreement entered into between the department and a school for the purposes of RCW 46.82.450.

     (2) "Applicant" means a person taking an examination administered by an examiner to qualify for a Washington driver's license.

     (3) "Examinations" mean the tests that meet the department's criteria to assess an applicant's knowledge and skills to operate a motor vehicle.

     (4) "Examiner" means a driver training instructor licensed under chapter 46.82 RCW, who has been approved by the department as meeting department qualifications, education, and training standards for administering examinations.

     (5) "Knowledge test" means a written or electronically delivered test that measures the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle.

     (6) "School" means a driver training school licensed under chapter 46.82 RCW.

     (7) "Skills test" means a demonstration of behind-the-wheel driving that measures the applicant's ability to safely operate a motor vehicle on the roadways without endangering the public or property.

[]

     (1) Is currently licensed under chapter 46.82 RCW to provide driver training instruction;

     (2) Complies with chapters 18.235 and 46.82 RCW and regulations adopted under those chapters;

     (3) Has submitted a request to enter into an agreement on a form or in a format prescribed by the department; and

     (4) Has provided to the department:

     (a) A list of examiners the school intends to use to administer examinations;

     (b) A description of the school's examination practices that includes, but may not be limited to, a school's skills test route(s) and test starting point(s);

     (c) A summary of the school's schedule for administering examinations;

     (d) A school's knowledge test questions; and

     (e) Any other information as may be required by the department.

[]

     (2) Knowledge test questions must be supplied by the department or meet department criteria.

     (3) Knowledge tests must be conducted in an area separate from classroom instruction or when a class is not in session, minimizing distractions or interactions.

     (4) Examinations must be conducted by examiners.

     (5) Knowledge test results may be used to obtain a driver license for no more than two years from the date of completion.

     (6) Skills test results may be used to obtain a driver license for no more than one year from the date of completion.

     (7) In accordance with the department's guidelines, schools must refer to the department for testing any applicant who has a condition that may impair their ability to operate a motor vehicle safely.

     (8) Prior to administering the knowledge and skills tests, schools must ensure that applicants are at least fifteen years of age. When the applicant is less than eighteen years of age, the applicant must have successfully completed a traffic safety education course.

     (9) Prior to administering the skills test, schools will ensure that applicants are properly informed regarding testing requirements and their test results. Schools must also inform applicants of the school's current retesting, refund, and grievance policies and procedures.

     (10) Applicants must possess one of the following to participate in the skills testing portion of the examination:

     (a) A Washington instruction permit issued under RCW 46.20.055;

     (b) A temporary authorization to drive issued on a form prescribed by the department; or

     (c) A valid foreign driver's license.

[]

     (2) Schools must keep applicant records on a form or in a format approved by the department. The form must include at least the:

     (a) Applicant name, date of birth, and driver's license or instruction permit number;

     (b) Knowledge and skill test results;

     (c) Examiner's name(s), instructor license number(s), and signature(s);

     (d) Dates and times the examinations were administered to the applicant; and

     (e) Other information required by the department.

     (3) Schools must submit to the department the knowledge and skills test results for each applicant in accordance with the school's agreement with the department.

     (4) The department will monitor outcomes for applicants who take a driver's license examination and will make aggregate outcomes available to the public.

[]

[]

     (2) If the department finds that an examiner or school has violated or no longer meets the qualifications or requirements of chapters 46.82 and 18.235 RCW, the rules promulgated under those chapters, or the agreement; the department may either (a) rescind approval of an examiner to conduct examinations, (b) terminate or suspend for any period of time an agreement with a school, or both.

[]

     (a) ((Shall)) Not be established nor any business of a driver training school conducted or solicited within one thousand feet of an office building owned or leased by the department of licensing in which examinations for driver's licenses are conducted. The distance of one thousand feet shall be measured along the public streets by the nearest route from the place of business to such building. If the department establishes an office in which examinations for driver's licenses are conducted within one thousand feet of a driver training school's existing location, the driver training school may continue operations in such location until there is a change in school ownership, or the license to operate is not renewed or is suspended or revoked for cause.

     (b) ((Shall)) Be regularly occupied and used exclusively for the business of giving driver instruction, except for purposes of administering examinations as may be permitted under chapter 308-110 WAC. Regularly occupied means that the public and the department can expect to make contact with the school owner or its staff or instructors at the main office during its business hours; and

     (c) ((Shall)) Meet all applicable requirements of chapter 46.82 RCW.

     (2) A driver training school's classroom space ((shall)) must:

     (a) Provide sufficient seating and table or desk space for all students enrolled in each class;

     (b) Be properly equipped with all other equipment necessary for student training and instruction purposes; and

     (c) ((Use)) Be separated from the business office by using walls, partitions, or ((separate)) alternate scheduling ((of classroom and office activities if the classroom shares a single space with the driver training school office in order to mitigate student distraction or disruption of the instruction)) when a school must use one space for both activities.

[Statutory Authority: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340. 07-01-069, § 308-108-100, filed 12/18/06, effective 1/18/07. Statutory Authority: RCW 46.82.290. 05-16-061, § 308-108-100, filed 7/29/05, effective 8/29/05. Statutory Authority: RCW 46.01.110. 91-01-063, § 308-108-100, filed 12/14/90, effective 1/14/91.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

© Washington State Code Reviser's Office