No waiver of the traffic safety education course requirement for applicants under the age of 18 years shall be issued unless:
(1) The parent, guardian, or other person having the care, custody and control of the applicant certifies that the applicant is:
(a) Unable to take or successfully complete a traffic safety education course and the reasons therefor, and
(b) That there exists an immediate need to operate a motor vehicle. The immediate need shall be set forth in as much detail as possible. For the purpose of meeting this requirement, "an immediate need exists" shall be construed to mean that the capability to drive will reduce or help eliminate the negative consequences of the situation that created the immediate need to drive. If operating a motor vehicle does not reduce the hardship which was created by the situation, "an immediate need" does not exist; and
(2) The waiver is approved by a majority of a three member committee consisting of two department of licensing members which shall include any two of the following: The assistant director for driver services, the administrator of hearings, the administrator of driver responsibility, the administrator or assistant administrator(s) for driver operations, and one member who shall be the supervisor of driver and safety education in the office of the superintendent of public instruction or his/her designee. The committee shall have the power to set definite restrictions as to hours of the day and routes or areas of travel permitted under the waiver until the applicant has completed a driver education course or has reached the age of 18 years.
[Statutory Authority: RCW
46.01.110 and
46.25.140. WSR 90-17-028, § 308-104-050, filed 8/8/90, effective 9/8/90. Statutory Authority: RCW
46.01.110. WSR 87-19-129 (Order DS 3), § 308-104-050, filed 9/22/87; WSR 82-03-046 (Order 668 DOL), § 308-104-050, filed 1/19/82; Order 468-DOL, § 308-104-050, filed 12/30/77; Order MV-131, § 308-104-050, filed 4/26/72.]