BILL REQ. #:  S-0834.1 

Read first time 01/21/09.   Referred to Committee on Transportation.

     AN ACT Relating to parent taught driver training education courses; amending RCW 28A.220.020, 46.82.280, 46.82.290, and 46.82.300; and adding a new section to chapter 46.82 RCW.

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

Sec. 1   RCW 28A.220.020 and 1990 c 33 s 218 are each amended to read as follows:
     The following words and phrases whenever used in chapter 28A.220 RCW shall have the following meaning:
     (1) "Superintendent" or "state superintendent" ((shall)) means the superintendent of public instruction.
     (2) "Traffic safety education course" ((shall)) means (a) an accredited course of instruction in traffic safety education ((which shall)) that consists of two phases, classroom instruction((,)) and laboratory experience, or (b) a course of instruction approved by the director of the department of licensing under RCW 46.82.290(3). "Laboratory experience" ((shall)) must include on-street, driving range, or simulator experience or some combination thereof. Each phase ((shall)) must meet basic course requirements ((which shall be)) established by the superintendent of public instruction and each part of ((said)) the course ((shall)) must be taught by a qualified teacher of traffic safety education. Any portions of the course may be taught after regular school hours or on Saturdays as well as on regular school days or as a summer school course, at the option of the local school districts.
     (3) "Qualified teacher of traffic safety education" ((shall)) means an instructor certificated under ((the provisions of)) chapter 28A.410 RCW and certificated by the superintendent of public instruction to teach either the classroom phase or the laboratory phase of the traffic safety education course, or both, under ((regulations promulgated)) rules adopted by the superintendent((: PROVIDED, That)). However, the laboratory experience phase of the traffic safety education course may be taught by instructors certificated under rules ((promulgated)) adopted by the superintendent of public instruction, exclusive of any requirement that the instructor be certificated under ((the provisions of)) chapter 28A.410 RCW. Professional instructors certificated under ((the provisions of)) chapter 46.82 RCW, and participating in this program, ((shall be)) are subject to reasonable qualification requirements jointly adopted by the superintendent of public instruction and the director of licensing. "Qualified teacher of traffic safety education" includes a parent or guardian teaching a traffic safety education course, as defined in subsection (2)(b) of this section, to his or her own child.
     (4) "Realistic level of effort" means the classroom and laboratory student learning experiences considered acceptable to the superintendent of public instruction that must be satisfactorily accomplished by the student in order to successfully complete the traffic safety education course.

Sec. 2   RCW 46.82.280 and 2006 c 219 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Behind-the-wheel instruction" means instruction in an approved driver training school instruction vehicle according to and inclusive of the minimum required curriculum. Behind-the-wheel instruction is characterized by driving experience.
     (2) "Classroom" means a space dedicated to and used exclusively by a driver training instructor for the instruction of students. With prior department approval, a branch office classroom may be located within alternative facilities, such as a public or private library, school, community college, college or university, or a business training facility.
     (3) "Classroom instruction" means that portion of a traffic safety education course that is characterized by classroom-based student instruction conducted by or under the direct supervision of a licensed instructor or licensed instructors.
     (4) "Driver training school" means a commercial driver training school engaged in the business of giving instruction, for a fee, in the operation of automobiles.
     (5) "Driver training education course" means (a) a course of instruction in traffic safety education approved and licensed by the department of licensing that consists of classroom and behind-the-wheel instruction as documented by the minimum approved curriculum, or (b) a commercially available, parent taught course of instruction in traffic safety education that has been approved by the director under RCW 46.82.290(3).
     (6) "Director" means the director of the department of licensing of the state of Washington.
     (7) "Advisory committee" means the driving instructors' advisory committee as created in this chapter.
     (8) "Fraudulent practices" means any conduct or representation on the part of a driver training school owner or instructor including:
     (a) Inducing anyone to believe, or to give the impression, that a license to operate a motor vehicle or any other license granted by the director may be obtained by any means other than those prescribed by law, or furnishing or obtaining the same by illegal or improper means, or requesting, accepting, or collecting money for such purposes;
     (b) ((Operation of)) Operating a driver training school without a license, providing instruction without an instructor's license, verifying enrollment prior to being licensed, misleading or false statements on applications for a commercial driver training school license or instructor's license or on any required records or supporting documentation;
     (c) Failing to fully document and maintain all required driver training school records of instruction, school operation, and instructor training;
     (d) Issuing a driver training course certificate without requiring completion of the necessary behind-the-wheel and classroom instruction.
     (9) "Instructor" means (a) any person employed by or otherwise associated with a driver training school to instruct persons in the operation of an automobile or (b) a parent or guardian teaching his or her own child.
     (10) "Owner" means an individual, partnership, corporation, association, or other person or group that holds a substantial interest in a driver training school.
     (11) "Place of business" means a designated location at which the business of a driver training school is transacted and its records are kept.
     (12) "Person" means any individual, firm, corporation, partnership, or association.
     (13) "Substantial interest holder" means a person who has actual or potential influence over the management or operation of any driver training school. Evidence of substantial interest includes, but is not limited to, one or more of the following:
     (a) Directly or indirectly owning, operating, managing, or controlling a driver training school or any part of a driver training school;
     (b) Directly or indirectly profiting from or assuming liability for debts of a driver training school;
     (c) Is an officer or director of a driver training school;
     (d) Owning ten percent or more of any class of stock in a privately or closely held corporate driver training school, or five percent or more of any class of stock in a publicly traded corporate driver training school;
     (e) Furnishing ten percent or more of the capital, whether in cash, goods, or services, for the operation of a driver training school during any calendar year; or
     (f) Directly or indirectly receiving a salary, commission, royalties, or other form of compensation from the activity in which a driver training school is or seeks to be engaged.
     (14) "Student" means any person enrolled in a driver training course that pays a fee for instruction.

Sec. 3   RCW 46.82.290 and 1979 ex.s. c 51 s 2 are each amended to read as follows:
     (1) The director ((shall be)) is responsible for the administration and enforcement of the law pertaining to driver training schools as set forth in this chapter.
     (2) The director ((is authorized to)) may adopt and enforce ((such reasonable)) rules ((as may be)) that are consistent with and necessary to carry out this chapter.
     (3) The director may review and approve parent taught driver training education courses designed for use in the home. The director may charge a fee for enrollment in a parent taught driver training education course that may not exceed the department's actual cost to implement the course.

NEW SECTION.  Sec. 4   A new section is added to chapter 46.82 RCW to read as follows:
     (1) The department shall offer comprehensive parent taught driver training courses that must satisfy department driver's education requirements.
     (2) A parent taught driver training education course must be taught by a parent or legal guardian who:
     (a) Has been a licensed driver for at least five years and possesses a valid Washington state driver's license;
     (b) Is a high school graduate or has passed the GED test;
     (c) Has granted the department permission to examine his or her driving record;
     (d) Has not more than one moving traffic violation within the preceding twelve months or more than two moving traffic violations in the preceding twenty-four months;
     (e) Has no alcohol-related traffic violations or incidents within the preceding seven years; and
     (f) Has not had his or her driver's license suspended, canceled, revoked, or denied within the preceding five years.

Sec. 5   RCW 46.82.300 and 2006 c 219 s 3 are each amended to read as follows:
     (1) The director shall be assisted in the duties and responsibilities of this chapter by the driver instructors' advisory committee, consisting of five members. Members of the advisory committee shall be appointed by the director for two-year terms and shall consist of a representative of the driver training schools, a representative of the driving instructors (who shall not be from the same school as the school member), a representative of the superintendent of public instruction, a representative of the department of licensing, and a representative from the Washington state traffic safety commission. Members shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. A member who is receiving a salary from the state shall not receive compensation other than travel expenses incurred in such service.
     (2) The advisory committee shall meet at least semiannually and shall have additional meetings as may be called by the director. The director or the director's representative shall attend all meetings of the advisory committee and shall serve as chairman.
     (3) Duties of the advisory committee shall be to:
     (a) Advise and confer with the director or the director's representative on matters pertaining to the establishment of rules necessary to carry out this chapter;
     (b) Review and update when necessary a curriculum consisting of a list of items of knowledge and the processes of driving a motor vehicle specifying the minimum requirements adjudged necessary in teaching a proper and adequate course of driver education;
     (c) Review and update instructor certification standards to be consistent with RCW 46.82.330 and take into consideration those standards required to be met by traffic safety education teachers under RCW 28A.220.020(3); ((and))
     (d) Prepare the examination for a driver instructor's certificate and review examination results at least once each calendar year for the purpose of updating and revising examination standards; and
     (e) Review and recommend parent taught driver training education courses designed for use in the home.