S 0608

S‑0608.1 _____________________________________________

SENATE BILL 5075

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Senators Haugen, Gardner and Prentice

Read first time 01/10/2001. Referred to Committee on Transportation.

_1 AN ACT Relating to the commercial driver's license skills test;

_2 and amending RCW 46.25.060 and 46.25.010.

_3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4 Sec. 1. RCW 46.25.060 and 1989 c 178 s 8 are each amended to read

_5 as follows:

_6 (1)(a) No person may be issued a commercial driver's license

_7 unless that person is a resident of this state and has passed a

_8 knowledge and skills test for driving a commercial motor vehicle

_9 that complies with minimum federal standards established by

10 federal regulation enumerated in 49 C.F.R. part 383, subparts G

11 and H, and has satisfied all other requirements of the CMVSA in

12 addition to other requirements imposed by state law or federal

13 regulation. The tests must be prescribed and conducted by the

14 department. In addition to the fee charged for issuance or renewal

15 of any license, the applicant shall pay a fee of no more than ten

16 dollars for each classified knowledge examination, classified

17 endorsement knowledge examination, or any combination of

18 classified license and endorsement knowledge examinations. The

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_1 applicant shall pay a fee of no more than fifty dollars for each

_2 classified skill examination or combination of classified skill

_3 examinations conducted by the department.

_4 (b) The department may authorize a person, including an agency

_5 of this or another state, an employer, a private driver training

_6 facility, or other private institution, or a department, agency,

_7 or instrumentality of local government, to administer the skills

_8 test specified by this section under the following conditions:

_9 (i) The test is the same which would otherwise be administered

10 by the state;

11 (ii) The third party has entered into an agreement with the

12 state that complies with the requirements of 49 C.F.R. part

13 383.75; and

14 (iii) The director has adopted rules as to the third party

15 testing program and the development and justification for fees

16 charged by any third party.

17 (2) In counties made up entirely of islands, if the third party

18 tester is otherwise qualified, the department may not refuse to

19 enter into or renew an agreement with the tester based upon the

20 department's determination that there is not enough need for the

21 tester in that county.

22 (3) The department may waive the skills test specified in this

23 section for a commercial driver's license applicant who meets the

24 requirements of 49 C.F.R. part 383.77.

25 ((~~(3)~~)) (4) A commercial driver's license or commercial

26 driver's instruction permit may not be issued to a person while

27 the person is subject to a disqualification from driving a

28 commercial motor vehicle, or while the person's driver's license

29 is suspended, revoked, or canceled in any state, nor may a

30 commercial driver's license be issued to a person who has a

31 commercial driver's license issued by any other state unless the

32 person first surrenders all such licenses, which must be returned

33 to the issuing state for cancellation.

34 ((~~(4)~~)) (5)(a) A commercial driver's instruction permit may be

35 issued to an individual who holds a valid automobile or classified

36 driver's license.

37 (b) A commercial driver's instruction permit may not be issued

38 for a period to exceed six months. Only one renewal or reissuance

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_1 may be granted within a two-year period. The holder of a commercial

_2 driver's instruction permit may drive a commercial motor vehicle

_3 on a highway only when accompanied by the holder of a commercial

_4 driver's license valid for the type of vehicle driven who occupies

_5 a seat beside the individual for the purpose of giving instruction

_6 in driving the commercial motor vehicle. An application for a

_7 commercial driver's instruction permit shall be accompanied by a

_8 fee of five dollars. The department shall forthwith transmit the

_9 fees collected for commercial driver's instruction permits to the

10 state treasurer.

11 Sec. 2. RCW 46.25.010 and 1996 c 30 s 1 are each amended to read

12 as follows:

13 The definitions set forth in this section apply throughout this

14 chapter.

15 (1) "Alcohol" means any substance containing any form of

16 alcohol, including but not limited to ethanol, methanol, propanol,

17 and isopropanol.

18 (2) "Alcohol concentration" means:

19 (a) The number of grams of alcohol per one hundred milliliters

20 of blood; or

21 (b) The number of grams of alcohol per two hundred ten liters

22 of breath.

23 (3) "Commercial driver's license" (CDL) means a license issued

24 in accordance with the requirements of this chapter to an

25 individual that authorizes the individual to drive a class of

26 commercial motor vehicle.

27 (4) The "commercial driver's license information system"

28 (CDLIS) is the information system established pursuant to the

29 CMVSA to serve as a clearinghouse for locating information related

30 to the licensing and identification of commercial motor vehicle

31 drivers.

32 (5) "Commercial driver's instruction permit" means a permit

33 issued under RCW 46.25.060((~~(4)~~)) (5).

34 (6) "Commercial motor vehicle" means a motor vehicle designed

35 or used to transport passengers or property:

36 (a) If the vehicle has a gross weight rating of 26,001 or more

37 pounds;

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_1 (b) If the vehicle is designed to transport sixteen or more

_2 passengers, including the driver;

_3 (c) If the vehicle is transporting hazardous materials and is

_4 required to be identified by a placard in accordance with 49

_5 C.F.R. part 172, subpart F; or

_6 (d) If the vehicle is a school bus as defined in RCW 46.04.521

_7 regardless of weight or size.

_8 (7) "Conviction" has the definition set forth in RCW 46.20.270.

_9 (8) "Disqualification" means a prohibition against driving a

10 commercial motor vehicle.

11 (9) "Drive" means to drive, operate, or be in physical control

12 of a motor vehicle in any place open to the general public for

13 purposes of vehicular traffic. For purposes of RCW 46.25.100,

14 46.25.110, and 46.25.120, "drive" includes operation or physical

15 control of a motor vehicle anywhere in the state.

16 (10) "Drugs" are those substances as defined by RCW 69.04.009.

17 (11) "Employer" means any person, including the United States,

18 a state, or a political subdivision of a state, who owns or leases

19 a commercial motor vehicle, or assigns a person to drive a

20 commercial motor vehicle.

21 (12) "Gross vehicle weight rating" (GVWR) means the value

22 specified by the manufacturer as the maximum loaded weight of a

23 single or a combination or articulated vehicle, or the registered

24 gross weight, where this value cannot be determined. The GVWR of a

25 combination or articulated vehicle, commonly referred to as the

26 "gross combined weight rating" or GCWR, is the GVWR of the power

27 unit plus the GVWR of the towed unit or units.

28 (13) "Hazardous materials" has the same meaning found in

29 Section 103 of the Hazardous Materials Transportation Act (49 App.

30 U.S.C. 1801 et seq.).

31 (14) "Motor vehicle" means a vehicle, machine, tractor,

32 trailer, or semitrailer propelled or drawn by mechanical power

33 used on highways, or any other vehicle required to be registered

34 under the laws of this state, but does not include a vehicle,

35 machine, tractor, trailer, or semitrailer operated exclusively on

36 a rail.

37 (15) "Out-of-service order" means a temporary prohibition

38 against driving a commercial motor vehicle.

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_1 (16) "Serious traffic violation" means:

_2 (a) Excessive speeding, defined as fifteen miles per hour or

_3 more in excess of the posted limit;

_4 (b) Reckless driving, as defined under state or local law;

_5 (c) A violation of a state or local law relating to motor

_6 vehicle traffic control, other than a parking violation, arising

_7 in connection with an accident or collision resulting in death to

_8 any person; and

_9 (d) Any other violation of a state or local law relating to

10 motor vehicle traffic control, other than a parking violation,

11 that the department determines by rule to be serious.

12 (17) "State" means a state of the United States and the

13 District of Columbia.

14 (18) "Tank vehicle" means a vehicle that is designed to

15 transport a liquid or gaseous material within a tank that is

16 either permanently or temporarily attached to the vehicle or the

17 chassis. Tank vehicles include, but are not limited to cargo tanks

18 and portable tanks. However, this definition does not include

19 portable tanks having a rated capacity under one thousand gallons.

20 (19) "United States" means the fifty states and the District of

21 Columbia.

‑‑‑ END ‑‑‑

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