WSR 03-07-097

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed March 19, 2003, 10:32 a.m. ]

     Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: Commercial motor vehicle instruction permit requirements and commercial driver's license third-party test fee.

     Purpose: Amends WAC 308-100-090 to clarify requirements for applicants and holders of commercial motor vehicle (CMV) instruction permits. Amends WAC 308-100-180 to adjust the maximum amount that a third-party tester can charge for conducting commercial driver's license examinations.

     Statutory Authority for Adoption: RCW 46.01.110, 46.25.060, 46.25.140.

     Statute Being Implemented: Chapter 46.25 RCW.

     Summary: WAC 308-100-090 is amended to delete outdated requirements pertaining to motorcycle instruction permits, and to clarify requirements for CMV instruction permits. Applicants must be eighteen years of age, and must be accompanied by the holder of a commercial driver's license with appropriate driving experience. WAC 308-100-180 is being amended to adjust the maximum amount of the commercial driver's license examination fee charged by third-party testers to $75.

     Reasons Supporting Proposal: Specifications for CMV instruction permits are being aligned with national standards and to incorporate requirements for instruction permits issued for operation of passenger vehicles. The maximum amount for the third-party test fee is being adjusted based on results of a survey of third-party testers and in consideration of fees charged in other states.

     Name of Agency Personnel Responsible for Drafting: Clark J. Holloway, Highways-Licenses Building, (360) 902-3846; Implementation and Enforcement: Denise Movius, Highways-Licenses Building, (360) 902-3850.

     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: No new rules are being proposed.

     Proposal Changes the Following Existing Rules: WAC 308-100-090 is amended to delete outdated requirements pertaining to motorcycle instruction permits, and to clarify requirements for CMV instruction permits. Applicants must be eighteen years of age, and must be accompanied by the holder of a commercial driver's license with appropriate driving experience.

     WAC 308-100-180 is being amended to adjust the maximum amount of the commercial driver's license examination fee charged by third-party testers to $75.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.025(3).

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA, on April 24, 2003, at 2:00 p.m.

     Assistance for Persons with Disabilities: Contact Clark J. Holloway by April 23, 2003, TTY (360) 664-0116.

     Submit Written Comments to: Clark J. Holloway, Department of Licensing, P.O. Box 9030, Olympia, WA 98507-9030, fax (360) 586-8351, by April 23, 2003.

     Date of Intended Adoption: April 25, 2003.

March 19, 2003

Denise M. Movius

Assistant Director


AMENDATORY SECTION(Amending Order 108 MV, filed 9/14/71)

WAC 308-100-090   Commercial motor vehicle instruction permits(( -- Motorcycles.   Any licensed driver may, upon filing an appropriate application along with the required fee, receive a motorcycle instruction permit. Such instruction permit shall entitle the holder thereof to operate a motorcycle upon the public highways only under the direct visual supervision of a person who has a motorcycle endorsement upon his license. In no event shall such instruction permit be construed to authorize any person other than the permit holder to ride upon a motorcycle while it is being operated under an instruction permit.)) Any person who is at least eighteen years of age and who meets the requirements of RCW 46.25.060(4) may apply to the department for an instruction permit for the operation of a commercial motor vehicle. When operating a commercial motor vehicle on a highway, the instruction permit holder must be accompanied by the holder of a commercial driver's license valid for the vehicle being driven, with no less than two years of driving experience with the class of commercial motor vehicle being operated, and no less than five years of total driving experience. The holder of the commercial driver's license must occupy the seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.

[Order 108 MV, § 308-100-090, filed 9/14/71.]


AMENDATORY SECTION(Amending [WSR 89-18-003], filed 8/24/89)

WAC 308-100-180   Third party testing fee.   Except as provided in WAC 308-100-190 (Requirements for exceeding base fee), the base fee for each classified skill examination or combination of skill examinations conducted by a third party tester shall not be more than ((fifty)) seventy-five dollars. The base fee shall apply only to the conducting of the examination, and is separate from any additional fees, such as vehicle use fees, which may be charged by the third party tester. Any additional fees to be charged shall be reported to the department.

[Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. 89-18-003, § 308-100-180, filed 8/24/89, effective 9/24/89.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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