WSR 20-04-094
PROPOSED RULES
DEPARTMENT OF LICENSING
[Filed February 5, 2020, 10:23 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-21-120.
Title of Rule and Other Identifying Information: WAC 308-109-010 Definitions, 308-109-020 Motorcycle safety subsidy, and 308-109-030 Improving access to motorcycle ridership and reducing fatalities and serious injuries related to incidents involving motorcycles.
Hearing Location(s): On March 16, 2020, at 10:00 a.m., at 405 Black Lake Boulevard S.W., Building 1, Olympia, WA 98502.
Date of Intended Adoption: March 20, 2020.
Submit Written Comments to: Ellis Starrett, 1125 Washington Street S.E., Olympia, WA 98501, email rulescoordinator@dol.wa.gov, https://www.dol.wa.gov/about/driversrules.html, by March 16, 2020.
Assistance for Persons with Disabilities: Contact Ellis Starrett, phone 360-902-3846, email estarrett@dol.wa.gov, by March 9, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 308-109-010 Definitions, 308-109-020 Motorcycle safety subsidy, and 308-109-030 Improving access to motorcycle ridership and reducing fatalities and serious injuries related to incidents involving motorcycles, establishes new language related to motorcycle safety in chapter 308-109 WAC. These WAC provide definitions, determine how subsidy funds will be allocated, and further explain how the department will fulfill its responsibilities to reducing fatalities and serious injuries related to incidents involving motorcycles, which was mandated in RCW
46.81A.020(5).
Reasons Supporting Proposal: This rule will help the department comply with changes to RCW
46.81A.020, which were effective on January 1, 2020. Motorcycle safety education business owners were involved in the development of these rules and attended several rule-making workshops before the industry was surveyed about the cost of implementing these rules. Business owners who responded stated that there would be negligible costs associated with implementation and compliance.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Bryan Jackson, 1125 Washington Street S.E., Olympia, WA 98501, 360-902-3664.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is required under RCW
34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Ellis Starrett, 1125 Washington Street S.E., Olympia, WA 98501, phone 360-902-3846, email
estarrett@dol.wa.gov.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. During the rule writing workshops, motorcycle safety education business owners discussed the minimal impact that this model would impose on their businesses and that it would not impose any costs. An email was then sent out to all of the business [businesses] impacted with the foreseen impacts outlined and the draft rule language. They were given over three weeks to respond. Responding businesses reported that the rules would not have an economic impact on their business. There were two responses that conveyed concerns about implementation and procedures. The department of licensing is committed to working collaboratively with the businesses to implement the rules and minimize the amount of labor, material, and resources required to request reimbursement as much as possible.
A copy of the detailed cost calculations may be obtained by contacting Ellis Starrett, 1125 Washington Street S.E., Olympia, WA 98501, phone 360-902-3846, email estarrett@dol.wa.gov.
February 5, 2020
Ellis Starrett
Rules and Policy Manager
Chapter 308-109 WAC
MOTORCYCLE PERMIT AND ENDORSEMENT REQUIREMENTS
NEW SECTION
WAC 308-109-010Definitions.
As used in this chapter, unless the context requires otherwise, the following definitions apply:
(1) "Contracted training provider" means an agency, firm, provider, organization, individual, or other entity performing services as outlined in RCW
46.20.520 and
46.81A.020 and is under contract with the department.
(2) "Student" means persons who receive a pass, fail or incomplete status on a course completion report furnished to the department.
NEW SECTION
WAC 308-109-020Motorcycle safety subsidy.
(1) Subsidy funding will be made available for students who take department-approved training with contracted training providers in the state. The total amount allocated will be based upon funding available in the motorcycle safety program fiscal budget.
(2) The amount available per student is based on the total allocated to subsidy funding divided by the number of students trained in the previous year and may be weighted by future training projections.
(3) Each contracted training provider will be reimbursed for each student trained until allotted subsidy dollars are no longer available. Each contractor will submit a reimbursement request to the department in order to receive subsidy funds.
NEW SECTION
WAC 308-109-030Improving access to motorcycle ridership and reducing fatalities and serious injuries related to incidents involving motorcycles.
The department will set aside no more than ten percent of the available subsidy program funds in order to employ other strategies to reduce fatalities and serious injuries related to incidents involving motorcycles and improving access to motorcycle ridership.