WSR 99-02-052

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed January 5, 1999, 2:08 p.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-23-077.

Title of Rule: WAC 308-104-109 Extension of driver's license.

Purpose: To authorize the extension of driver licenses of persons who are outside of the state at the time their licenses expire.

Statutory Authority for Adoption: RCW 43.24.140.

Statute Being Implemented: RCW 43.24.140.

Summary: The rule establishes the procedure to be used by persons applying for driver license extensions and authorizes the director to require documentation evidencing a person's ability to operate a motor vehicle safely.

Reasons Supporting Proposal: License extension allows persons who are outside the state when their licenses expire to continue to drive legally.

Name of Agency Personnel Responsible for Drafting: Judith Giniger, Department of Licensing, Highways-Licenses Building, Olympia, (360) 902-3850; Implementation and Enforcement: Debbie Schmidt, Department of Licensing, Highways-Licenses Building, Olympia, (360) 902-3837.

Name of Proponent: Department of Licensing, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule will allow drivers who are out of state at the time their licenses expire to apply for extension of their licenses. A number of individuals are military dependants or spouses, or are employed by public or private employers and cannot return to Washington to renew their licenses before expiration. This rule authorizes the director to extend licenses to enable persons to continue to drive legally.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule does not impact small businesses.

RCW 34.05.328 does not apply to this rule adoption. The department is not one of the agencies to which RCW 34.05.328 applies.

Hearing Location: Highways-Licenses Building, Room 303, Third Floor, on February 10, 1999, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Rosa Kimmerly by February 1, 1999, TDD (360) 664-8885, or (360) 902-3847.

Submit Written Comments to: Judith Giniger, Department of Licensing, P.O. Box 9020, Olympia, WA 98507-9020, fax (360) 586-8351, by February 5, 1999.

Date of Intended Adoption: February 10, 1999.

January 5, 1999

Judith Giniger

Assistant Director

OTS-2743.1

NEW SECTION



WAC 308-104-109  Extension of driver's license. A person who is outside the state when his or her driver's license expires may extend the driver's license for the period he or she is outside of the state, plus sixty days. Regardless of the length of time for which it has been extended, a license that has been extended must be renewed within sixty days of the person's return to the state. No license shall be extended for more than four years beyond the date of its expiration.

To extend his or her driver's license, an applicant must apply in writing on a form provided by the department. The form shall require the applicant to state under penalty of perjury that he or she will be out of the state when his or her license expires and that he or she will be unable to return to the state to renew his or her license before it expires. The director may require such information or examination as the director deems necessary to determine whether any facts exist which would bar the issuance of an extension or to determine the applicant's fitness to operate a motor vehicle safely, including a medical examination or a vision examination.

An extension of a person's driver's license does not change the expiration date of a license for purposes of RCW 46.20.181.



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