WSR 26-04-089
PREPROPOSAL STATEMENT OF INQUIRY
WASHINGTON STATE PATROL
[Filed January 30, 2026, 9:05 a.m.]
Subject of Possible Rule Making: WAC 446-65-010 Transportation requirements.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW
46.32.020 and
46.48.170.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 446-65-010 (1)(r) adopts certain specifically identified federal safety regulations, including 49 C.F.R. Part 391 Qualification of drivers, but does not permit intrastate drivers between the ages of 18 and 21. The federal minimum age requirement of 21, as stated in 49 C.F.R. § 391.11 (b)(1), is applied by default. This is inconsistent with Washington's longstanding practice of allowing commercial drivers between the ages of 18 and 21 to operate eligible commercial vehicles intrastate. The lack of clear language explicitly authorizing drivers aged 18 to 21 to operate commercial motor vehicles intrastate creates confusion for both carriers and enforcement agencies. As a result, WAC 446-65-010 should be amended to expressly permit drivers aged 18 to 21 to operate eligible commercial vehicles intrastate.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington Association of Sheriffs and Police Chiefs, Federal Motor Carrier Safety Administration, and the Washington Trucking Association.
Process for Developing New Rule: The Washington state patrol (WSP) welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, WSP will file a proposed rule making (CR-102) with the office of the code reviser. A copy of the proposal will be sent to anyone who requests a copy.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kimberly Mathis, Rules Coordinator, 106 11th Avenue S.W., Olympia, WA [98501], phone 360-596-4017, email wsprules@wsp.wa.gov, website wsp.wa.gov/rules-development/.
January 30, 2026
John R. Batiste
Chief