DEPARTMENT OF LICENSING

[Filed March 24, 2020, 11:29 a.m.]

Title of Rule and Other Identifying Information: WAC 308-100-033 Minimum training requirements, and 308-100-035 Employer certification.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Federal Motor Carrier Safety Administration (FMCSA) has delayed the implementation of the Training Provider Registry established under 49 C.F.R. 380.700 and requirements for approving commercial driver's license (CDL) applicants skills and training by FMCSA registered Training Providers set forth in the same rule. Therefore, the department must update its rule to reflect the federal implementation date which has moved from February 7, 2020, to February 7, 2022. This will extend the deadline for requiring CDL training providers to register with FMCSA and the requirement of CDL applicants to have their skills and training provided by a [an] FMCSA registered training provider.

Reasons Supporting Proposal: The department is proposing these new changes to comply with FMCSA's implementation of 49 C.F.R. 380-700. If these proposed rules were not adopted CDL skills and training providers would believe they were required to register with FMSCA two years prior to the required deadline, CDL applicants would be misled about being required to have an FMCSA registered training provider administer their education, and the department's WAC would inaccurately reflect federal law.

Statutory Authority for Adoption: RCW 46.01.110 and 46.25.085.

Statute Being Implemented: The department is proposing these new changes to comply with FMCSA's implementation of 49 C.F.R. 380-700.

Rule is necessary because of federal law, 49 C.F.R. 380-700.

Name of Proponent: FMCSA, governmental.

Name of Agency Personnel Responsible for Drafting: Ellis Starrett, 1125 Washington Street S.E., Olympia, WA 98501, 360-902-3846; Implementation and Enforcement: Tandy Alexander, 1125 Washington Street S.E., Olympia, WA 98501, 360-902-3893.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Not applicable. This is a minor change that will result in an extension of a deadline that will benefit Washington state CDL training providers and applicants.

This notice meets the following criteria to use the expedited adoption process for these rules:

Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Content is explicitly and specifically dictated by statute.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The rule updates the effective date of FMCSA regulations. The requirements set forth in this rule have not changed, the implementation date has been delayed by two years. The content is explicitly and specifically dictated by the federal regulation.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Ellis Starrett, Department of Licensing, 1125 Washington Street S.E., Olympia, WA 98501, phone 360-902-3846, email RulesCoordinator@DOL.WA.GOV, estarrett@dol.wa.gov, AND RECEIVED BY June 1, 2020.

AMENDATORY SECTION(Amending WSR 20-02-087, filed 12/30/19, effective 1/30/20)

WAC 308-100-033Minimum training requirements.

(1) Approval for a course of instruction in the operation of a commercial motor vehicle will only be granted if the course of instruction:

(a) Is provided by, and under the direct supervision of, a training provider that has an application with the department approving the course of instruction offered by the training provider. Beginning on February 7, ((2020))2022, the training provider must also be listed on the Federal Motor Carrier Safety Administration's Training Provider Registry that is established under 49 C.F.R. 380.700; and

(b) Class A course - Minimum requirements for approval: A course of instruction for students seeking a class A CDL must follow the class A training curriculum defined in C.F.R. Appendix A to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Forty hours of classroom instruction;

(ii) Eighteen hours of street driving training;

(iii) Sixteen hours of training in backing maneuvers;

(iv) Sixteen hours of proficiency development; and

(v) Seventy hours of combined lab training, range training, and observation.

(c) Class B course - Minimum Requirements: A course of instruction for students seeking a class B CDL must follow the class B training curriculum defined in C.F.R. Appendix B to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Forty hours of classroom instruction;

(ii) Fourteen hours of street driving training;

(iii) Eight hours of training in backing maneuvers;

(iv) Eight hours of proficiency development; and

(v) Ten hours of combined lab training, range training, and observation.

(d) Class C course - Minimum requirements: A course of instruction for students seeking a class C CDL must follow the class B training curriculum defined in C.F.R. Appendix B to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Forty hours of classroom instruction;

(ii) Fourteen hours of street driving training;

(iii) Eight hours of training in backing maneuvers;

(iv) Eight hours of proficiency development; and

(v) Ten hours of combined lab training, range training, and observation.

(e) Upgrade from either class B or C to class A - Minimum requirements: A course of instruction for students seeking to upgrade from a class B or C to a class A must follow the class A behind the wheel training curriculum defined in C.F.R. Appendix A to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Eighteen hours of street driving training;

(ii) Sixteen hours of training in backing maneuvers;

(iii) Sixteen hours of proficiency development; and

(iv) Thirty hours of combined lab training, range training, and observation.

(f) Upgrade from a class C to class B - Minimum requirements: A course of instruction for students seeking to upgrade from a class C to a class B must follow the class B behind the wheel training curriculum defined in C.F.R. Appendix B to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Fourteen hours of street driving training;

(ii) Eight hours of training in backing maneuvers;

(iii) Eight hours of proficiency development; and

(iv) Ten hours of combined lab training, range training, and observation.

(g) Passenger endorsement - Minimum requirements: A course of instruction for students seeking a passenger endorsement must follow the passenger endorsement training curriculum defined in C.F.R. Appendix C to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Four hours of classroom/theory instruction;

(ii) Ten hours of proficiency development.

(h) School bus endorsement - Minimum requirements: A course of instruction for students seeking a school bus endorsement must follow the school bus endorsement training curriculum defined in C.F.R. Appendix D to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Twenty hours of classroom/theory instruction;

(ii) Ten hours of proficiency development.

(i) Passenger and school bus endorsement - Minimum requirements: A course of instruction for students seeking a passenger and school bus endorsement must follow the passenger and school bus endorsement training curriculum defined in C.F.R. Appendix C and D to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Twenty hours of classroom/theory instruction;

(ii) Ten hours of proficiency development.

(j) Hazardous material endorsement - Minimum requirements: A course of instruction for students seeking a HAZMAT endorsement must follow the hazardous material endorsement training curriculum defined in C.F.R. Appendix E to Part 380 as it existed on the (effective date of the WAC). The course must include not less than: Sixteen hours of classroom/theory instruction;

(k) In addition to the class A, B, and C curriculum as defined above, each class room training must include a minimum thirty minute section on "Truckers Against Trafficking."

(2) Students must complete all portions of the training within one year of completing the first portion.

AMENDATORY SECTION(Amending WSR 19-01-078, filed 12/17/18, effective 1/17/19)

WAC 308-100-035Employer certification.

(1) An employer may certify that one of its employees has the skills and training necessary to operate a commercial motor vehicle safely by certifying the employee has demonstrated proficiency in the elements of the course of instruction required in WAC 308-100-033, with the exception of the minimum required hours, on a form provided by the department. The certification must include the classification or endorsements of commercial motor vehicle that the employee is competent to operate.

(2) The certification must be provided to the department electronically. Beginning on February 7, ((2020))2022, an employer may only certify that an applicant for a CDL has the skills and training necessary to operate a commercial motor vehicle safely if the employee has successfully completed training with a training provider listed on FMCSA's Training Provider Registry established under 49 C.F.R. 380.700.

(3) The department must receive an electronic notification of successful completion prior to an employee taking a skills test.