WSR 04-15-123

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed July 20, 2004, 2:31 p.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: Instruction permit -- Verification of enrollment in a traffic safety education program.

     Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA, (check in at counter on first floor), on August 26, 2004, at 2:00 p.m.

     Date of Intended Adoption: August 27, 2004.

     Submit Written Comments to: Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, e-mail cholloway@dol.wa.gov, fax (360) 586-8351, by August 25, 2004.

     Assistance for Persons with Disabilities: Contact Clark J. Holloway by August 25, 2004, TTY (360) 664-0116.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adds a new section to chapter 308-104 WAC to establish requirements for satisfactory evidence of enrollment in a traffic safety education program necessary for purposes of obtaining a driver's instruction permit.

     Reasons Supporting Proposal: RCW 46.20.055 (1)(b)(ii) permits an applicant who is at least fifteen years of age, but less than fifteen and one-half years of age, to receive an instruction permit if the applicant is enrolled in a traffic safety education program. Subsection (2) of that section permits the department to waive the written examination for an applicant who is enrolled in a traffic safety education course or in a course of instruction offered by a driver training school. This proposed rule sets standards for evidence of enrollment that is acceptable to the department.

     Statutory Authority for Adoption: RCW 46.01.110.

     Statute Being Implemented: RCW 46.20.055.

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

     Name of Proponent: Department of Licensing, governmental.

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

     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).

     A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).

July 20, 2004

Denise M. Movius

Assistant Director


NEW SECTION
WAC 308-104-046   Instruction permit -- Verification of enrollment in a traffic safety education program.   For purposes of RCW 46.20.055, an applicant for a driver's instruction permit may demonstrate enrollment in a traffic safety education course offered by a licensed driver training school, or by a public or private school recognized by the superintendent of public instruction, by submitting written proof of enrollment indicating that the driver training course has already begun or will begin within ten calendar days of the date of the application. The proof of enrollment must be in a form that is approved by the department and bear the signature of a licensed driver training instructor or driver training school owner, or that of a public or private school instructor certified to teach a driver training course by the superintendent of public instruction.

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