WSR 00-18-069

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed September 1, 2000, 1:38 p.m. ]

Date of Adoption: August 31, 2000.

Purpose: Consolidate definitions, clarify language, make technical corrections, and incorporate legislative changes to rules regarding driver's license requirements and license suspension, revocation, or denial.

Citation of Existing Rules Affected by this Order: Repealing WAC 308-104-060 and 308-104-120; and amending WAC 308-104-004, 308-104-006, 308-104-008, 308-104-012, 308-104-025, 308-104-035, 308-104-047, 308-104-056, 308-104-070, 308-104-080, and 308-104-090.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 00-15-085 on July 19, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 2.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 10, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 10, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

August 31, 2000

Denise M. Movius

Assistant Director


AMENDATORY SECTION(Amending WSR 87-19-129 (Order DS 3), filed 9/22/87)

WAC 308-104-004
Definitions ((for purposes of driver licensing requirements)).

As used in this chapter, unless the context requires otherwise, the term:

(1) ((A "resident" is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Evidence of residency includes but is not limited to:

(a) Becoming a registered voter in this state; or

(b) Receiving benefits under one of the Washington public assistance programs; or

(c) Declaring that he or she is a resident for the purpose of obtaining a state license, including but not limited to hunting or fishing license, or tuition fees at resident rates.

(2) The term "Washington public assistance programs" referred to in this chapter includes only public assistance programs for which more than fifty percent of the combined costs of benefits and administration are paid from state funds. Programs which are not included within the term "Washington public assistance programs" pursuant to the above criteria include, but are not limited to, the food stamp program under the Federal Food Stamp Act of 1964; programs under the Child Nutrition Act of 1966, 42 U.S.C. Secs. 1771 through 1788; and aid to families with dependent children, 42 U.S.C. Secs. 601 through 606.

(3) "Military personnel" means active members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned officers of the Public Health Service, and members of foreign military organizations assigned to this state on official duty.

(4))) "Examination," for purposes of RCW 46.20.305, means any one or combination of the following:

(a) A medical certificate to be completed by a competent medical authority;

(b) A vision certificate to be completed by a competent vision authority such as an optometrist or ophthalmologist;

(c) A psychiatric evaluation by a competent authority;

(d) An alcohol or drug evaluation or report of progress in alcohol or drug treatment from an alcohol or drug treatment agency approved by the department of social and health services;

(e) A re-examination of knowledge and driving ability conducted by a licensing services representative;

(f) A special examination of knowledge and driving ability conducted by a licensing services representative;

(2) "Jurisdiction" means a state, territory, or possession of the United States; the District of Columbia; or a province of Canada;

(3) "Military personnel" means active members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned officers of the Public Health Service, and members of foreign military organizations assigned to this state on official duty. For purposes of this section, a person in the reserves will not be considered an "active member" unless he or she has been called to active duty for a period exceeding the full period specified for license expiration in RCW 46.20.181;

(4) "State" means a state of the United States, the District of Columbia, or a United States territory or possession.

[Statutory Authority: RCW 46.01.110. 87-19-129 (Order DS 3), 308-104-004, filed 9/22/87.]


AMENDATORY SECTION(Amending WSR 93-22-071, filed 11/1/93, effective 12/2/93)

WAC 308-104-006
Driver's license required.

(((1))) No person, except as expressly exempted by chapter 46.20 RCW or by this chapter, may drive any motor vehicle upon a highway in this state unless the person has in his or her possession a valid driver's license issued under the provisions of chapter 46.20 RCW.

(((2) A new Washington resident must make application for a Washington state driver's license within thirty days of establishing residency.))

[Statutory Authority: RCW 46.01.110. 93-22-071, 308-104-006, filed 11/1/93, effective 12/2/93; 87-19-129 (Order DS 3), 308-104-006, filed 9/22/87.]


AMENDATORY SECTION(Amending WSR 98-19-129 (Order DS 3), filed 9/22/87)

WAC 308-104-008
Persons exempt from driver's license requirement.

In addition to persons exempt from driver license requirement pursuant to RCW 46.20.025, the following persons are exempt from the requirement to obtain a valid driver's license ((requirement)) issued to Washington residents under chapter 46.20 RCW:

(1) ((Nonresident)) A student who maintains his or her legal home of record at a location outside Washington state, or the spouse or dependent of the student, who is at least sixteen years of age and who has in his or her immediate possession a valid driver's license issued ((by)) to him or her in his or her home jurisdiction. The student must be enrolled as a full-time nonresident student at an institution of higher learning in Washington accredited by the Northwest Association of Schools and Colleges or by an accrediting association recognized by the higher education board, or at a private vocational school as that term is defined by RCW 28C.10.020(7). ((The student must maintain his or her legal home of record at a location outside the state of Washington.)) The student must carry documentation issued by the institution ((which)) that readily establishes his or her status as a nonresident student. A spouse or dependent of a nonresident student must carry a copy of the documentation issued to the student by the institution and documentation establishing the relationship with the student;

(2) ((The spouse or dependent of the nonresident student has the same licensing privilege as the nonresident student if the spouse or dependent has a valid driver's license which was issued by the same jurisdiction as the nonresident student. Documentation issued by the institution attended by a student must be carried by the spouse or dependent.

(3) Nonresident)) Military personnel who are at least sixteen years of age who ((has)) have in ((his or her)) their immediate possession a valid driver's license issued by the jurisdiction designated as ((his or her)) their home of record. A spouse or dependent of a person who meets the criteria of this subsection is also exempt from the driver's license requirement, provided that the spouse or dependent has in his or her immediate possession a valid driver's license issued by the jurisdiction designated as his or her home of record.

(((4) The spouse or dependent of the nonresident military personnel has the same licensing privilege as the nonresident military personnel if the spouse or dependent has a valid driver's license which was issued by the same jurisdiction as the home of record of the nonresident military personnel.))

[Statutory Authority: RCW 46.01.110. 87-19-129 (Order DS 3), 308-104-008, filed 9/22/87.]


AMENDATORY SECTION(Amending WSR 86-07-018 (Order DS 2), filed 3/12/86)

WAC 308-104-012
((Definition of)) Suspension or denial for refusing or neglecting to submit to an examination.

((For purposes of RCW 46.20.305 an examination required by the department for driver licensing purposes may consist of any one or combination of the following:

(1) A medical certificate to be completed by a competent medical authority.

(2) A vision certificate to be completed by a competent vision authority such as an optometrist or ophthalmologist.

(3) A psychiatric evaluation by a competent authority.

(4) An alcohol evaluation or report of progress in alcohol treatment from an approved alcohol agency.

(5) A reexamination of knowledge and driving ability conducted by a license examiner.

(6) A special examination of knowledge and driving ability conducted by a license examiner.))

A person's failure to complete an examination as required by RCW 46.20.305 may ((constitute reason for)) result in the suspension or denial of the person's driving privilege. ((Completion of an examination but dissatisfaction)) A person dissatisfied with the departmental action which follows ((that)) an examination he or she has taken under RCW 46.20.305 may ((be grounds for)) appeal ((of the departmental action by the affected driver. Such driver may request)) the department's action by requesting a formal hearing as provided in RCW 46.20.329. A request for a hearing under this section must be made in writing within fifteen calendar days from the date notice of the departmental action was given. If no request is made within the prescribed time the right to a hearing is waived.

[Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. 86-07-018 (Order DS 2), 308-104-012, filed 3/12/86.]


AMENDATORY SECTION(Amending WSR 89-18-003, filed 8/24/89, effective 9/24/89)

WAC 308-104-025
Effect of accumulation of traffic offenses.

Whenever the official records of the department show that a person has committed at least four traffic offenses within a twelve-month period, or at least five traffic offenses within a twenty-four-month period, the department may require the person to appear for a driver improvement interview, as provided in chapter 46.20 RCW: Provided, That when a person has committed fewer traffic offenses than set forth in this section, the department may require the person to appear for a driver improvement interview or suspend or deny the person's driving privilege when such action appears to be in the interest of the safety of other persons on the highways. For purposes of this section, the driver improvement interview may be conducted in a group setting.

Failure to appear at the interview may result in a suspension or denial of the driving privilege. For purposes of this section "traffic offense" means a conviction as defined in RCW 46.20.270(4), or a finding that a traffic infraction has been committed as defined in RCW ((46.63.020)) 46.20.270(5), of a moving violation as defined in WAC 308-104-160. A traffic offense committed under the provisions of chapter 46.37 RCW by a commercial driver with respect to equipment required on commercial motor vehicles shall not be considered for driver improvement purposes.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 3, 5, 8 and 16. 89-18-003, 308-104-025, filed 8/24/89, effective 9/24/89. Statutory Authority: RCW 46.01.110. 82-03-046 (Order 668 DOL), 308-104-025, filed 1/19/82.]


AMENDATORY SECTION(Amending WSR 89-18-003, filed 8/24/89, effective 9/24/89)

WAC 308-104-035
Interest of safety.

For purposes of RCW 46.20.291(((c)))(3), whenever the records of the department show that a person has committed at least four traffic offenses within a twelve month period, or at least five traffic offenses within a twenty-four month period, this shall be considered prima facie evidence of violations of such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways. A traffic offense committed under the provisions of chapter 46.37 RCW by a commercial driver with respect to equipment required on commercial motor vehicles shall not be considered for the purposes of this section.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 3, 5, 8 and 16. 89-18-003, 308-104-035, filed 8/24/89, effective 9/24/89.]


AMENDATORY SECTION(Amending WSR 91-01-063, filed 12/14/90, effective 1/14/91)

WAC 308-104-047
Driving test -- Waiver.

For purposes of issuance of an original driver's license, the department may waive the actual demonstration of the ability to operate a motor vehicle where the applicant meets all other licensing requirements, has successfully completed the appropriate Washington knowledge test or tests, and:

(1) If the application is for a basic driver's license, the applicant has:

(a) Surrendered a valid driver's license issued by the applicant's previous home state, or presented a letter of clearance from the previous home state showing a valid license record on file;

(b) Not taken a Washington driving test on which the applicant has been disqualified; and

(c) Not taken a Washington knowledge test on which the applicant has been disqualified three or more times;

(2) If the application is for a driver's license with a motorcycle endorsement, the applicant, along with the requirements listed in subsection (1) of this section, has:

(a) Surrendered a valid motorcycle license or driver's license with motorcycle endorsement issued by the applicant's previous home state, or presented a letter of clearance from the previous home state showing a valid motorcycle license record on file. In order for a surrendered license or letter of clearance to be valid under this subsection, the applicant's previous home state's motorcycle licensing standards must meet or exceed Washington state motorcycle licensing standards, as determined by the department;

(b) Completed a motorcycle skill test waiver certificate; and

(c) If the applicant is under eighteen years of age, presented a certificate verifying completion of an approved motorcycle safety education course;

(3) If the application is for a commercial driver's license, the applicant, along with the requirements listed in subsection (1) of this section, has:

(a) Surrendered a valid commercial driver's license issued by the applicant's previous home state, or presented a letter of clearance from the previous home state showing a valid commercial driver's license record on file; or

(b) Met the requirements for waiver of the commercial driver's license skill test as provided by RCW 46.25.060(2).

Notwithstanding the above provisions, the department may require the applicant to complete the appropriate driving test or tests if the department determines that it is in the interest of safety for the applicant to demonstrate his or her ability to operate a motor vehicle.

((For purposes of this section, the term "home state" means a state of the United States, the District of Columbia, or a United States territory or possession.))

[Statutory Authority: RCW 46.01.110. 91-01-063, 308-104-047, filed 12/14/90, effective 1/14/91.]


AMENDATORY SECTION(Amending WSR 93-22-071, filed 11/1/93, effective 12/2/93)

WAC 308-104-056
Convictions -- ((Revocation and)) Suspension, revocation, and denial terms.

The department shall suspend, ((or)) revoke, or deny the driver's license or nonresident driving privilege of every person who is convicted of a violation requiring such suspension, ((or)) revocation, or denial, the term of which, except ((the violation of driving while suspended or revoked in the first or second degree)) where otherwise required by law, shall commence on the date of conviction.

[Statutory Authority: RCW 46.01.110. 93-22-071, 308-104-056, filed 11/1/93, effective 12/2/93. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. 86-07-018 (Order DS 2), 308-104-056, filed 3/12/86; Order MV-222, 308-104-056, filed 10/29/74.]


AMENDATORY SECTION(Amending Order MV-172, filed 7/16/73)

WAC 308-104-070
Concurrent suspension, revocation, and denial terms.

Except as otherwise required by law, the department shall suspend, ((or)) revoke or deny the driver's license or nonresident driving privilege of every person who is convicted of more than one offense requiring such suspension, ((or)) revocation, or denial arising from the same incident for one term which will be the longest of the terms of suspension, ((or)) revocation, or denial.

[Order MV-172, 308-104-070, filed 7/16/73.]


AMENDATORY SECTION(Amending WSR 93-22-071, filed 11/1/93, effective 12/2/93)

WAC 308-104-080
Reissue fee -- When required.

The driver's license of any person that has been suspended, ((or)) revoked or denied for any reason shall not be reissued until such person shall pay the required reissue fee; except, that such reissue fee shall not be required when the imposition of the suspension, ((or)) revocation, or denial was invalid or void or when the suspension, ((or)) revocation, or denial was imposed because the subject was incompetent to operate a vehicle due to a physical or mental disability, because the subject had failed to attend a driver improvement interview, because the ((subject's)) person's filing of proof of financial responsibility for the future had been canceled or terminated, because the ((subject)) person defaulted on an agreement to pay damages resulting from a vehicle accident, or because the ((subject)) person was refused a license due to a suspension, revocation, or denial in another jurisdiction.

[Statutory Authority: RCW 46.01.110. 93-22-071, 308-104-080, filed 11/1/93, effective 12/2/93. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. 86-07-018 (Order DS 2), 308-104-080, filed 3/12/86; Order MV-172, 308-104-080, filed 7/16/73.]


AMENDATORY SECTION(Amending WSR 93-22-071, filed 11/1/93, effective 12/2/93)

WAC 308-104-090
Reissue fee -- Where paid and accepted.

((The)) Reissue fees ((shall)) may be paid ((by the subject and shall be accepted by the department)) at any ((driver's license examining station)) licensing services office or ((through its)) at the department's central state office at any time during normal operating hours.

[Statutory Authority: RCW 46.01.110. 93-22-071, 308-104-090, filed 11/1/93, effective 12/2/93. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. 86-07-018 (Order DS 2), 308-104-090, filed 3/12/86; Order MV-172, 308-104-090, filed 7/16/73.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 308-104-060 Implied consent -- Revocation terms.
WAC 308-104-120 Extra-territorial convictions -- Hearing.

Washington State Code Reviser's Office