FINAL BILL REPORT

ESHB 1635

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 370 L 11

Synopsis as Enacted

Brief Description: Concerning the administration of exams for and issuance and renewal of certain drivers' licenses and identicards.

Sponsors: House Committee on Transportation (originally sponsored by Representatives Upthegrove, Clibborn, Eddy, Armstrong, Liias, Rivers, Angel, Van De Wege, Wilcox, Maxwell, Rolfes, Finn, Sullivan, Dammeier, Orwall, Warnick and Moscoso).

House Committee on Transportation

Senate Committee on Transportation

Background:

An applicant for a new or renewed driver's license must successfully pass a driver licensing examination to qualify for a driver's license. The Department of Licensing (DOL) is required to give examinations at locations and times that are reasonably accessible. The driver's license examination includes a written examination that tests an applicant's knowledge of traffic laws and a driving examination that tests an applicant's ability to safely operate a motor vehicle. The DOL may waive parts of the examination under certain conditions; for example, the DOL may waive the examination for a person renewing a license unless the DOL determines the person is not qualified to hold a driver's license.

The DOL is responsible for overseeing the commercial driver training school program. Driver training schools, in addition to school districts, provide traffic safety education courses, which must be completed by an individual under the age of 18 before he or she can receive a driver's license. Driver training schools are licensed by the DOL, and driver training schools must be annually approved by the DOL. The DOL sets standards and requirements for the driver training schools, including standards for curriculum and licensing driver training school instructors. The DOL has standards and processes in place to suspend, revoke, and deny licenses to driver training schools.

The Office of Superintendant of Public Instruction (OSPI) is responsible for overseeing traffic safety education courses provided by school districts.

A person must receive a motorcycle endorsement to operate a motorcycle on public highways. A person must pass both a knowledge test and a riding test to receive an endorsement. The DOL may waive the riding portion of the test for a person who completes a private motorcycle skills education course that has been approved by the DOL.

Summary:

Driver training schools licensed by the DOL and school districts that offer a traffic safety education program under the supervision of the OSPI are authorized to administer driver licensing examinations. In addition, motorcycle training schools that are under contract with the DOL are authorized to administer the motorcycle endorsement examination.

The DOL is required to adopt rules to oversee the driver training schools' administration of the driver's license examination. Certain provisions are required to be included in the rules, such as oversight provisions. In addition, driver training schools are required to enter into a contract with the DOL before a school may administer the driver's license examination, and the contract must contain certain provisions.

The OSPI is required to work in consultation with the DOL to develop standards for the administration of the driver licensing examinations by school districts that are comparable to the standards required of driver training schools. In addition, school districts are required to enter into a contract with the DOL before a district may administer the exams, and the contract must contain certain provisions.

If the DOL does not offer driver licensing examinations as a routine part of its licensing services within a department region because adequate testing sites are offered by driver training schools or school districts, the DOL is required to administer driver licensing examinations by appointment to applicants 18 years of age and older in at least one licensing office within each region.

The DOL is required to include certain stakeholders in facilitating communication around the transition to driver training schools and school districts administering the driver licensing examination.

Liability for government entities, including school districts, and driver training schools is limited in connection with administering the driver licensing examination.

Votes on Final Passage:

House

97

1

Senate

48

0

(Senate amended)

House

95

1

(House concurred)

Effective:

July 22, 2011