WSR 20-15-105

EMERGENCY RULES

DEPARTMENT OF LICENSING

[Filed July 16, 2020, 8:24 a.m., effective July 16, 2020, 8:24 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The department is filing this emergency rule to temporarily suspend the requirements in WAC 308-108-160 Behind the wheel instruction and observation, "(b) One or more hours of additional in-vehicle driver observation."

Citation of Rules Affected by this Order: Amending WAC 308-108-160.

Statutory Authority for Adoption: RCW 46.01.110.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: During Phase 1 of Safe Start only one student can be in the vehicle on a drive with an instructor of driver training education, and during Phase 2 only 2 students are allowed in the vehicle. The current rule bars students in Phase 1 counties from completing their driver training education requirements and has backlogged students in other counties from completing this requirement. The department is temporarily suspending this requirement to ensure all students are able to complete their driver training education in Washington state.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 16, 2020.

Damon Monroe

Rules Coordinator

AMENDATORY SECTION(Amending WSR 07-01-070, filed 12/18/06, effective 9/1/07)

WAC 308-108-160Behind the wheel instruction and observation.

(1) Instruction provided to students under the age of eighteen must include((:

(a)))behind the wheel instruction consisting of:

(((i)))(a) Not less than six hours of on-street behind the wheel vehicle operation under the direct supervision and direction of a licensed instructor; or

(((ii)))(b) Five or more hours of on-street behind the wheel vehicle operation and four or more hours of driving simulation instruction under the direct supervision and direction of a licensed instructor((; and

(b) One or more hours of additional in-vehicle driver observation)).

(2) Behind the wheel instruction must be documented on a form provided or approved by the department, including the time the instruction was conducted, the signature of the instructor, and initials of the student.