WSR 20-19-032
PERMANENT RULES
DEPARTMENT OF LICENSING
[Filed September 9, 2020, 8:44 a.m., effective October 10, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: 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 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 FMCSA registered training provider.
Citation of Rules Affected by this Order: Amending WAC 308-100-033 Minimum training requirements and 308-100-035 Employer certification.
Adopted under notice filed as WSR 20-08-036 on March 24, 2020.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 9, 2020.
Damon Monroe
Rules Coordinator
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.