WSR 00-18-070

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed September 1, 2000, 1:39 p.m. ]

Date of Adoption: August 31, 2000.

Purpose: Clarifies language, makes technical corrections, and incorporates recent legislative changes to rules pertaining to driver's license applications and driving records.

Citation of Existing Rules Affected by this Order: Repealing WAC 308-104-015 and 308-104-109; and amending WAC 308-104-040, 308-104-100, 308-104-105, 308-104-130, 308-104-150, 308-104-155, 308-104-160, and 308-104-170.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 00-15-086 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 2.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 6, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 91-01-063, filed 12/14/90, effective 1/14/91)

WAC 308-104-014
Application for driver's license or identification card.

((Every application)) A person applying for an original driver's license, instruction permit, or identification card ((shall include)) must provide the following information:

(((a))) (1) The ((applicant's)) person's full name, current mailing and residential address, and telephone number;

(((b))) (2) The ((applicant's)) person's physical description, including sex, height, weight, and eye color;

(((c))) (3) The ((applicant's)) person's date and place of birth;

(((d))) (4) The ((applicant's)) person's social security number, if the social security number is required by state or federal law. If the person's social security number is not required by state or federal law, the person may voluntarily provide his or her social security number in order to assist the department in verifying identity;

(((e))) (5) The ((applicant's)) person's mother's maiden name and whether the ((applicant)) person is one of multiple siblings born at the same time;

(((f))) (6) If the application is for a driver's license or instruction permit, whether the ((applicant)) person has been previously licensed, where such license was issued, and under what name;

(((g))) (7) If the application is for a driver's license or instruction permit, whether the ((applicant)) person has ever had his or her driver's license or driving privilege suspended, revoked, cancelled, disqualified, withheld, or denied, and if so, where and when such driving sanction was imposed and the reason for such action;

(((h))) (8) If the application is for a driver's license or instruction permit, whether ((the applicant is taking medication or is under the care of a physician for any medical condition(s), and if so, a description of such medication or medical condition(s))) the person has had a loss of consciousness or control within the last six months that could impair his or her ability to operate a motor vehicle;

(((i))) (9) The ((applicant's)) person's signature and, if the application is for a driver's license or instruction permit and the ((applicant)) person is under the age of eighteen, the signature of the ((applicant's)) person's custodial parent or legal guardian; and

(((j))) (10) Any ((other information required by the department, including, but not limited to,)) supplementary documentation ((verifying)) as may be necessary to verify any of the information required by this section.

[Statutory Authority: RCW 46.01.110. 91-01-063, 308-104-014, filed 12/14/90, effective 1/14/91.]


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

WAC 308-104-040
Driver's licenses for identification and identicards.

As provided by RCW 46.20.035, no identicard shall be issued, nor shall any Washington state driver's license be issued, other than as provided in RCW ((46.20.116)) 46.20.035(5), unless the applicant ((therefor shall have)) has satisfied the department regarding his or her identity.

(1)(a) Except as provided in subsections (2) and (3) of this section, an applicant has not satisfied the identity requirements of RCW 46.20.035 unless he or she displays or provides the department with at least one of the following pieces of valid identifying documentation:

(i) A valid or recently expired driver's license or instruction permit that contains the signature, date of birth, and a photograph of the applicant;

(ii) A Washington state identicard or an identification card issued by another state that contains the signature and a photograph of the applicant;

(iii) An identification card issued by the United States, a state, or an agency of either the United States or a state, of a kind commonly used to identify the members or employees of the government agency, that contains the signature and a photograph of the applicant;

(iv) A military identification card that contains the signature and a photograph of the applicant;

(v) A United States passport that contains the signature and a photograph of the applicant;

(vi) An immigration and naturalization service form that contains the signature and photograph of the applicant; or

(vii) If the applicant is a minor, an affidavit of the applicant's parent or guardian where the parent or guardian displays or provides at least one piece of identifying documentation as specified in this subsection along with additional documentation establishing the relationship between the parent or guardian and the applicant.

(b) In addition to the valid identifying documentation listed in subsection (1)(a), the department may request supplemental identifying documentation, or may undertake an investigation to verify the validity of any documentation presented, in order to ascertain identity.

(2) An applicant unable to present a piece of identifying documentation listed in RCW 46.20.035 (1) or (2) may request that other identifying documentation be considered by the department in order to ascertain identity, as provided by RCW ((46.20.035(2))) 46.20.035(3). The department may waive the requirement for a piece of valid identifying documentation listed in RCW 46.20.035 (1) or (2) if the applicant presents sufficient valid supporting documents found by the department to clearly establish the identity of the applicant. For purposes of this subsection, the department has found the following pieces of documentation to be sufficient to clearly establish identity:

(a) A foreign country's passport, containing the signature and a photograph of the individual, that has with it a valid United States Immigration and Naturalization entry form (I-94);

(b) An enrollment card issued by a federally recognized Indian tribe, containing the signature and a photograph of the individual, with one other supporting document;

(c) An identification card issued by the United States Bureau of Indian Affairs, containing the signature and a photograph of the individual, with one other supporting document;

(d) A written identification verification document completed by the Washington department of corrections; and

(e) A Washington city or county police employee identification card, containing the signature and a photograph of the individual, with one other supporting document;

(3) If an applicant is unable to satisfy the department regarding his or her identity under subsections (1) or (2) of this section, he or she may request that the department review other documentation in order to ascertain identity, as provided by RCW ((46.20.035(2))) 46.20.035(3).

(a) If the licensing services representative assisting the applicant is unable to ascertain identity from the documents presented, the applicant shall be referred to an in-office document reviewer for further assistance. The in-office document reviewer will evaluate the applicant's documentation in order to determine whether identity can be clearly established.

(b) If the in-office document review cannot clearly establish an applicant's identity, and if requested by an applicant, a senior technician for the region in which the applicant is making application will evaluate the applicant's documentation in order to determine whether identity can be clearly established.

(c) If requested by the applicant, the senior technician shall refer the applicant to driver licensing headquarters staff for final determination whether identity can be clearly established.

[Statutory Authority: RCW 46.01.110. 93-22-071, 308-104-040, filed 11/1/93, effective 12/2/93; 82-03-046 (Order 668 DOL), 308-104-040, filed 1/19/82; Order 468-DOL, 308-104-040, filed 12/30/77; Order 691101, 308-104-040, filed 11/26/69.]


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

WAC 308-104-100
Occupational driver's license -- Person eligible.

The department shall issue an occupational driver's license to any person who has had his or her driver's license suspended or revoked ((because of a conviction or bail forfeiture for any offense relating to motor vehicles, other than vehicular assault or vehicular homicide, provided, (1) the person is eligible pursuant to the provisions)) who meets the requirements of RCW 46.20.380 and 46.20.391, (((2))) provided that on the date of conviction for the offense on which the suspension or revocation is based or, if the suspension or revocation is based on an administrative action, on the date the suspension or revocation became effective:

(1) The person had an unexpired driver's license ((on the date of conviction for said offense, (3)));

(2) The person did not have his or her resident driver's license or nonresident driving privilege suspended or revoked for any reason ((on the date of conviction for said offense,)); and

(((4))) (3) The person had not been required ((on the date of conviction)) to surrender his or her Washington driver's license to the department for failure to maintain ((the filing of)) proof of financial responsibility for the future ((for said offense)).

Notwithstanding the provisions of this section, an occupational driver's license shall not be issued for the operation of a commercial motor vehicle when the commercial driver has had his or her license suspended, revoked, or denied, or has been disqualified from operating a commercial motor vehicle.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 3, 5, 8 and 16. 89-18-003, 308-104-100, filed 8/24/89, effective 9/24/89. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. 86-07-018 (Order DS 2), 308-104-100, filed 3/12/86. Statutory Authority: RCW 46.01.110. 82-03-046 (Order 668 DOL), 308-104-100, filed 1/19/82; Order MV 349, 308-104-100, filed 1/28/76.]


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

WAC 308-104-105
Occupational license denial hearings.

(1) Upon notification by the department that an occupational driver's license has been denied under RCW 46.20.391 the aggrieved person may request a formal hearing to contest the department's decision. No hearing need be granted where the department is prevented from issuing an occupational driver's license by rule or law. A request for a hearing must be submitted in writing.

(2) Within ten days of receipt of a request for a hearing, the department shall notify the ((requestor)) requester in writing of the time and location of the hearing. The hearing may be held either in the person's county of residence or in any county adjoining the person's county of residence, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means.

(3) The hearing shall be conducted by a ((referee)) hearing officer appointed by the director. The director may delegate ((to such referee)) the authority to render final decisions to the hearing officer.

(4) The scope of the hearing shall be limited to the following issues:

(a) Whether the person had a valid license on date of conviction or, if the suspension or revocation is based on an administrative action, on the date the suspension or revocation became effective.

(b) Whether the suspension or revocation giving rise to the application for an occupational driver's license ((was based upon one of the following offenses: Driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor, reckless driving, racing, eluding a police vehicle, hit and run, driving while suspended or revoked, or a felony in the commission of which a motor vehicle is used, other than vehicular assault or vehicular homicide)) is one for which an occupational driver's license may be issued under RCW 46.20.391.

(c) Whether the person has been convicted of any ((of the offenses listed in (b) of this subsection)) offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory within the one year immediately preceding the conviction or incident for which the occupational license is requested.

(d) Whether the person has ((been convicted of)) committed an offense of driving or being in physical control of a vehicle while under the influence of intoxicating liquor, or vehicular assault or vehicular homicide, within the ((five)) seven years immediately preceding the conviction or incident for which the occupational license is requested.

(e) Whether the person is currently suspended or revoked for any reason other than the offense for which the occupational driver's license is requested.

(f) If the person is applying for an occupational driver's license under RCW 46.20.391(1), whether the person is engaged in an occupation or trade that makes it essential that the person operate a motor vehicle. For purposes of this section, occupation or trade means being self-employed, or in the employ of another, for monetary compensation.

(g) If the person is applying for an occupational driver's license under RCW 46.20.391(2), whether the person is in or has applied for an apprenticeship program or on-the-job training program, or is in a program that assists persons who are enrolled in a WorkFirst program, or is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as alcoholics anonymous, that makes it essential that the person operate a motor vehicle.

(5) The ((applicant's)) person's official driving record provided to the hearing officer by the department shall be prima facie evidence of the ((facts in)) issues contained in subsection (4)(a) through (e) of this section unless the ((applicant)) person presents clear and convincing evidence to the contrary.

(6) If the person is eligible for an occupational driver's license under RCW 46.20.391(1), the ((applicant)) person shall have the burden of proving that he or she is engaged in an occupation or trade that makes it essential to operate a motor vehicle.

(7) If the person is eligible for an occupational driver's license under RCW 46.20.391(2), the person shall have the burden of proving that he or she is in an apprenticeship program or on-the-job training program, or is in a program that assists persons who are enrolled in a WorkFirst program, or is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as alcoholics anonymous, that makes it essential that the person operate a motor vehicle.

(8) In the event that the person fails to appear for the hearing, no hearing shall be held. The case shall be remanded to the department and the department's previous decision denying the occupational license shall be affirmed.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 3, 5, 8 and 16. 89-18-003, 308-104-105, filed 8/24/89, effective 9/24/89. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. 86-07-018 (Order DS 2), 308-104-105, filed 3/12/86.]


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

WAC 308-104-130
Convictions -- Driving records.

(1) The department shall consider the information transmitted on the abstract of conviction as being accurate for the purposes of recording information on the defendant's driving record and initiating suspension/revocation action. The defendant shall be deemed to have been convicted of the traffic law violation(s) if any of the following appears on the abstract:

(((1))) (a) The payment of a fine.

(((2))) (b) An unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court.

(((3))) (c) A plea of guilty by the defendant.

(((4))) (d) A finding of guilt.

(2) For the purposes of maintaining the driving record, initiating a driver's license or driving privilege suspension, ((/)) revocation, or denial ((action)), and requiring the filing of proof of financial responsibility, the conviction shall be deemed final if any one or more of the ((above)) elements listed in subsection (1) is present regardless of whether the imposition of sentence is deferred or penalty suspended. The department will not amend or modify the driving record of any driver's license or driving privilege suspension, ((/)) revocation, or denial ((action)) if the court subsequently dismisses the charge at the conclusion of a successful deferral or probation period.

(3) For purposes of Title 46 RCW:

(a) The forfeiture of bail shall be ((conclusive evidence of)) considered a conviction unless the court vacates that forfeiture. ((A vacation of bail forfeiture shall be effective only if that vacation is entered within sixty days of the date of that forfeiture and the case is scheduled by the court for a hearing on the merits. Any transmittal of the vacation of a forfeiture of bail must specify that these two elements exist.))

(b) The payment of a fine on a traffic violation charge shall be ((conclusive evidence of)) considered a conviction unless the court subsequently reimburses the defendant for all fines, costs, and other penalties imposed.

(c) A plea of guilty shall be ((conclusive evidence of the)) considered a conviction unless the defendant withdraws the plea of guilty during the proceedings, the defendant appeals the judgment ((within fourteen days)) and there has been a perfection of notice of appeal, or the court sets aside the judgment and orders a new trial ((within fourteen days)).

(d) A finding of guilt shall be ((conclusive evidence of the)) considered a conviction unless the court approves a motion for a new trial ((within fourteen days)) or the defendant appeals the conviction to a higher court ((within fourteen days of the conviction)) and there has been a perfection of notice of appeal.

(4) If a court defers a finding after hearing the evidence, the department shall not consider the defendant as having been convicted until a final disposition is entered by that court, except when the defendant entered a guilty plea which was not withdrawn, or when the court imposed a penalty or sanction, including the payment of court costs, which could only be imposed upon a determination that the defendant was guilty.

(5) A reporting error by the court ((which)) that materially alters the original record of a conviction for a mandatory offense must be reported to the department in writing accompanied by a copy of the docket, or other permanent court record.

[Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. 86-07-018 (Order DS 2), 308-104-130, filed 3/12/86; Order MV 349, 308-104-130, filed 1/28/76.]


AMENDATORY SECTION(Amending WSR 82-03-046 (Order 668 DOL), filed 1/19/82)

WAC 308-104-150
Address requests -- Terms and fees.

Where not otherwise prohibited by law or rule, the department may ((respond to written requests for addresses of persons whose driving records are)) make available the address of a person whose driving record or identicard record is maintained by ((said)) the department. ((The individual or agency requesting the address must supply the department with)) A request for an address must be in writing, and must include the full name and the driver's license number or date of birth of ((each)) the person whose address is requested. ((The department may deny address information to any person or agency when it has reason to believe that releasing such information could result in harm to the safety or well-being of the person whose address has been requested.))

The department shall collect in advance a fee of two dollars for each address requested in a single listing up to and including ten addresses, and fifteen cents for each additional address on that single listing: Provided, That the addresses will be provided to all governmental agencies without charge.

[Statutory Authority: RCW 46.01.110. 82-03-046 (Order 668 DOL), 308-104-150, filed 1/19/82.]


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

WAC 308-104-155
Driving records -- Designation of ((nondepartment of licensing)) persons other than employees of the department as agents for certification.

For purposes of Title 46 RCW, the director of the department of licensing may designate ((nondepartment of licensing employees)) persons other than employees of the department as agents to furnish certified abstracts of driving records under seal of the director. This section shall only apply when the driving record has been obtained by the designated agent through electronic data transmission from the department's computer records.

[Statutory Authority: RCW 46.01.110. 91-01-063, 308-104-155, filed 12/14/90, effective 1/14/91.]


AMENDATORY SECTION(Amending WSR 92-08-045, filed 3/25/92, effective 4/25/92)

WAC 308-104-160
Nonmoving violation defined.

A "nonmoving violation" as used in RCW 46.65.020 and this chapter shall mean any violation or traffic infraction in Title 46 RCW, other than those moving violations included in the following list or violations of substantially similar laws, administrative regulations, local laws, ordinances, regulations, or resolutions of a political subdivision of this state, the federal government, or any other state:

(1) Driving while under the influence of ((intoxicants)) intoxicating liquor or any ((drugs)) drug as defined by RCW 46.61.502;

(2) ((Reckless driving

(3) Hit and run (occupied vehicle)

(4) Vehicular homicide

(5) Driving while driving privilege suspended or revoked

(6) Eluding police vehicle

(7) Racing

(8) Embracing

(9) Manslaughter

(10) Speed too fast for conditions

(11) Speed 1 to 14 MPH excess

(12) Speed 15 to 29 MPH excess

(13) Speed over 29 MPH excess

(14) Failure to stop

(15) Disobey road sign

(16) Improper lane change

(17) Improper lane travel

(18) Prohibited turn

(19) Unnecessary noise

(20) Negligent driving

(21) Wrong way on one-way street

(22) Driving over center line

(23) Drive wrong side of road

(24) Straddling centerline

(25) Failure to yield right of way

(26) Disobey signalman

(27) Disobey school patrol

(28) Driving without lights

(29) Failure to dim lights

(30) Following too closely

(31) Improper turn

(32) Failure to signal or improper signal

(33) Passing stopped school bus

(34) Driving on shoulder or sidewalk

(35) Violating license restriction(s)

(36) Carrying passenger improperly

(37) In physical control of vehicle while under the influence of alcohol or drugs

(38) Vehicular assault

(39) Crossing fire hose

(40) Carry passengers outside vehicle

(41) Improper backing

(42) Obstructed vision or control

(43) Following emergency equipment

(44) Crossing divider

(45) Inattention

(46) Improper mirrors

(47) Illegal vehicle equipment

(48) Handle bars over height

(49) Illegal lights

(50) Defective equipment

(51) Reckless endangerment

(52) No helmet, goggles, windshield or face shield

(53) Improper overtaking or passing

(54) Hit and run (unattended vehicle)

(55) Impeding traffic

(56) More persons than provided for on motorcycle

(57) Operating moped on freeway

(58) Wearing earphones/viewing TV in vehicle

(59) Open container violation (driver)

(60) Permitting illegal vehicle operation

(61) Violation of instruction permit.))

Physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.504;

(3) Vehicular homicide, as defined by RCW 46.61.520;

(4) Vehicular assault, as defined by RCW 46.61.522;

(5) Reckless driving, as defined by RCW 46.61.500;

(6) Racing, as defined by RCW 46.61.530;

(7) Embracing, as defined by RCW 46.61.665;

(8) Hit and run (injury, death, or occupied vehicle), as defined by RCW 46.52.020;

(9) Attempting to elude a police vehicle, as defined by RCW 46.61.024;

(10) Driving while driving privilege suspended or revoked, as defined by RCW 46.20.342, 46.20.394, or 46.20.420;

(11) Reckless endangerment of roadway workers, as defined in RCW 46.61.527;

(12) Driver under twenty-one driving or being in physical control of a motor vehicle after consuming alcohol, as defined in RCW 46.61.503;

(13) Driving or in physical control of commercial motor vehicle while having alcohol in system, as defined in RCW 46.25.110;

(14) Open container violation (driver), as defined by RCW 46.61.519;

(15) Negligent driving in the first degree, as defined by RCW 46.61.5249;

(16) Negligent driving in the second degree, as defined by RCW 46.61.525;

(17) Hit and run (unattended vehicle or property), as defined by RCW 46.52.010;

(18) Disobey road sign, as defined by RCW 46.61.050 and 46.61.070;

(19) Disobey signalman, officer, or fire fighter, as defined by RCW 46.61.015, 46.61.020, 46.61.021, or 46.61.022;

(20) Disobey school patrol, as defined by 46.61.385;

(21) Speed too fast for conditions, as defined by RCW 46.61.400;

(22) Speed in excess of maximum limit, as defined by RCW 46.61.400 or 46.61.460;

(23) Speeding in a school zone, as defined by RCW 46.61.440;

(24) Failure to stop, as defined by RCW 46.61.055, 46.61.065, 46.61.195, 46.61.200, 46.61.340, 46.61.345, 46.61.350, 46.61.365, 46.61.370, or 46.61.375;

(25) Failure to yield right of way, as defined by RCW 46.61.180, 46.61.185, 46.61.190, 46.61.202, 46.61.205, 46.61.210, 46.61.215, 46.61.220, 46.61.235, 46.61.245, 46.61.261, 46.61.300, or 46.61.427;

(26) Failure to keep to the right, as defined by RCW 46.61.100 or 46.61.105;

(27) Wrong way on a one-way street or rotary traffic island, as defined by RCW 46.61.135;

(28) Improper lane change or travel, as defined by RCW 46.61.140;

(29) Straddling or driving over centerline, as defined by RCW 46.61.140;

(30) Driving on the wrong side of the road, as defined by RCW 46.61.150;

(31) Crossing divider, as defined by RCW 46.61.150;

(32) Improper entrance to or exit from freeway, as defined by RCW 46.61.155;

(33) High occupancy vehicle lane violation, as defined by RCW 46.61.165;

(34) Improper overtaking or passing, as defined by RCW 46.61.110, 46.61.115, 46.61.120, 46.61.125, or 46.61.130;

(35) Passing stopped school bus, as defined by RCW 46.61.370;

(36) Passing stopped private carrier bus, as defined by RCW 46.61.375;

(37) Following to closely, as defined by RCW 46.61.145;

(38) Following fire apparatus, as defined by RCW 46.61.635;

(39) Crossing fire hose, as defined by RCW 46.61.640;

(40) Driving on sidewalk, as defined by RCW 46.61.606;

(41) Driving through safety zone, as defined by RCW 46.61.260;

(42) Driving with wheels off roadway, as defined by RCW 46.61.670;

(43) Impeding traffic, as defined by RCW 46.61.100, 46.61.425, or 46.20.427;

(44) Improper turn, as defined by RCW 46.61.290;

(45) Prohibited turn, as defined by RCW 46.61.295;

(46) Failure to signal or improper signal, as defined by RCW 46.61.305;

(47) Improper backing, as defined by RCW 46.61.605;

(48) Unlawful operation of motorcycle on roadway, as defined by RCW 46.61.608;

(49) Reckless endangerment, as defined by RCW 9A.36.050;

(50) Failure to maintain control, as defined by RCW 46.61.445;

(51) Violation of license restriction(s), as defined by RCW 46.20.041 or 46.20.740;

(52) Violation of instruction permit restrictions, as defined by RCW 46.20.055;

(53) Violation of out-of-service order, as defined by RCW 46.25.090;

(54) Obstructed vision or control, as defined by RCW 46.61.615;

(55) Carrying persons or animals outside of vehicle, as defined by RCW 46.61.660;

(56) Carrying passenger in towed vehicle, as defined by RCW 46.61.625;

(57) Coasting on downgrade, as defined by RCW 46.61.630;

(58) Violation of child restraint requirements, as defined by RCW 46.61.687;

(59) Carrying child under the age of five years old on motorcycle, as defined by RCW 46.37.530;

(60) Carrying passenger improperly on motorcycle, as defined by RCW 46.61.610;

(61) No helmet, goggles, mirrors, windshield or face shield, as defined by RCW 46.37.530;

(62) Motorcycle handlebars above maximum height, as defined by RCW 46.61.611;

(63) Operating moped on freeway or sidewalk, as defined by RCW 46.61.710;

(64) Illegal, improper, defective, or missing vehicle equipment, as defined by RCW 46.37.010;

(65) Driving without lights, as defined by RCW 46.37.020;

(66) Failure to dim lights, as defined by RCW 46.37.230;

(67) Operating motorcycle without lights, as defined by RCW 46.37.522;

(68) No lamp, reflector, or flag on extended load, as defined by RCW 46.37.140;

(69) Unnecessary noise, as defined by RCW 46.37.380;

(70) Wearing earphones or viewing television in vehicle, as defined by RCW 46.37.480;

(71) Permitting illegal vehicle operation, as defined by RCW 46.20.343 or 46.61.675;

(72) Failure to secure load, as defined by RCW 46.37.490;

(73) Spilling load, as defined by RCW 46.61.655; and

(74) Improper towing, as defined by RCW 46.44.070.

[Statutory Authority: RCW 46.10.110. 92-08-045, 308-104-160, filed 3/25/92, effective 4/25/92. Statutory Authority: RCW 46.20.391, 46.01.100 and 46.65.020. 86-07-018 (Order DS 2), 308-104-160, filed 3/12/86. Statutory Authority: RCW 46.01.110. 82-21-002 (Order 697-DOL), 308-104-160, filed 10/7/82; 82-03-046 (Order 668 DOL), 308-104-160, filed 1/19/82.]


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

WAC 308-104-170
Alcohol or drug abuse treatment program.

(1) For the purposes of Title 46 RCW, a person shall be deemed to have undertaken and followed a course of treatment for alcohol or drug abuse on a program approved by the department of social and health services if he or she has been under said program for at least sixty days: Provided, That the department may accept a shorter treatment term upon a showing that the full sixty days of treatment would not be in the best interests of the person's recovery progress.

(2) The term "program approved by the department of social and health services," as used in Title 46 RCW, shall mean an alcohol or drug abuse treatment program meeting the requirements of chapter ((275-19)) 388-305 WAC.

[Statutory Authority: RCW 46.01.110. 93-22-071, 308-104-170, filed 11/1/93, effective 12/2/93; 82-03-046 (Order 668 DOL), 308-104-170, filed 1/19/82.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 308-104-015 Identicards.
WAC 308-104-109 Extension of driver's license

Washington State Code Reviser's Office