BILL REQ. #:  H-1963.2 

Read first time 02/28/2003.   Referred to Committee on Transportation.

     AN ACT Relating to regulation of race car driving schools; adding a new chapter to Title 18 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   FINDINGS--INTENT--SHORT TITLE. The legislature finds that currently in the state of Washington, race car driving schools are not subject to any form of licensing or regulation. The lack of oversight and industry accountability creates a potential for the operation of unsafe equipment and the employment of inconsistent safety standards. Ashley Bergman, who was sixteen years old, was killed while learning to drive a late model division race car at a race car driving school in Yakima, Washington. The death of Ashley caused many to evaluate the safety standards and emergency preparedness of these types of schools. It was discovered in this evaluation that no state in the United States regulates this industry and most of the schools in Washington state operate in the absence of critical safety policies and practices, such as having standby emergency care staff on the premises, and conducting regular safety checks of the vehicle's equipment. It is therefore the intent of the legislature to create a regulatory environment in which race car driving schools must operate in order that the consumers of this industry will be assured that steps have been taken to create a safe environment for them to learn in. In memory of the tragic loss of Ashley Bergman, this act shall be known as the "Ashley Bergman Safety Act."

NEW SECTION.  Sec. 2   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of licensing.
     (2) "Director" means the director of the department of licensing.
     (3) "School" means race car driving school.
     (4) "Most recent standard" means standards specified by a sanctioning body no more than six months before the date of registration or reregistration of a school, whichever is later.

NEW SECTION.  Sec. 3   REGISTRATION REQUIRED. (1) All race car driving schools operating in this state must register with the department and obtain a license to operate in this state. The license is valid for a period of two years. Applications for registration and licensing must be on forms provided by the department.
     (2) The director may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for registration and licensing provided for in this chapter.

NEW SECTION.  Sec. 4   APPLICATION--FEE. Initial application to the department for registration and licensing must be accompanied with the payment of an application fee of fifty dollars, to be deposited into the multimodal transportation account.

NEW SECTION.  Sec. 5   RENEWAL--FEE. Licenses issued by the department to race car driving schools must be renewed on January 1st of the second year after initial issuance and must meet the requirements set forth in section 6 of this act. The fee to renew the license is thirty dollars and must be deposited into the multimodal transportation account.

NEW SECTION.  Sec. 6   APPLICATION REQUIREMENTS AND CRITERIA. (1) For a race car driving school to qualify for a license to operate in this state, the following must be demonstrated to the department's satisfaction:
     (a) The vehicles in operation at the school and the track used by the school must adhere to safety-related specifications set forth in the rule books of one of the following sanctioning bodies:
     (i) The National Association of Stock Car Auto Racing;
     (ii) The Sports Car Club of America;
     (iii) The National Hot Rod Association;
     (iv) The National Auto Sport Association;
     (v) The Championship Auto Racing Teams; or
     (vi) The Indy Racing League.
     (b) If a school is using a vehicle type or a track not included in the specifications of one of the sanctioning bodies provided for in (1) of this section, the director shall determine the eligibility of the school and use of the vehicle or track on a case by case basis under chapter 34.05 RCW.
     (c) At the time the school is registered and licensed, the vehicles in operation and the track being used must meet the most recent standards set forth by the relevant sanctioning body.
     (2) An ambulance, as provided for in RCW 18.73.030, and a certified paramedic, as provided for in RCW 18.71.200, must be present and onsite at all times when the school's track is in use.

NEW SECTION.  Sec. 7   OPERATING WITHOUT A LICENSE--PENALTY. It is a gross misdemeanor for a race car driving school to operate in this state without a valid license from the department.

NEW SECTION.  Sec. 8   INVESTIGATION OF BUSINESS PRACTICES. If a vehicle operated by a race car driving school is involved in an accident during operation by a student or employee of the school that results in an injury or a death, an investigation by the law enforcement agency having jurisdiction over the school is required.

NEW SECTION.  Sec. 9   RULES. The director may adopt rules necessary to carry out this chapter.

NEW SECTION.  Sec. 10   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 11   Captions used in this act are not part of the law.

NEW SECTION.  Sec. 12   Sections 1 through 11 of this act constitute a new chapter in Title 18 RCW.

NEW SECTION.  Sec. 13   This act takes effect January 1, 2004.