WSR 14-17-074
[Filed August 18, 2014, 10:36 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-12-083.
Title of Rule and Other Identifying Information: WAC 308-100-130 Serious traffic violations.
Hearing Location(s): Highways-Licenses Building, 1125 Washington Street S.E., Conference Room 413, Olympia, WA (check in at counter on first floor), on September 23, 2014, at 3:00 p.m.
Date of Intended Adoption: September 24, 2014.
Submit Written Comments to: Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, e-mail, fax (360) 570-7048, by September 22, 2014.
Assistance for Persons with Disabilities: Contact Clark J. Holloway by September 22, 2014, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revise and update WAC 308-100-130, the list of additional traffic violations that are considered "serious traffic violations" for purposes of chapter 46.25 RCW, regarding commercial driver's licenses and the operation of commercial motor vehicles.
Reasons Supporting Proposal: Legislation enacted since the rule was last updated has created new traffic violations that are similar to offenses currently on the list and pose an equal or greater threat to traffic safety. The department has also identified traffic violations that are of equal seriousness and similar to violations on the list that were previously omitted.
Statutory Authority for Adoption: RCW 46.01.110, 46.25.010, 46.25.140.
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: Julie Knittle, Highways-Licenses Building, Olympia, Washington, (360) 902-3763.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because the rule does not apply to businesses.
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).
August 18, 2014
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 09-10-085, filed 5/6/09, effective 6/6/09)
WAC 308-100-130 Serious traffic violations.
In addition to the violations enumerated in RCW 46.25.010(((16))), "Serious traffic violation" shall include:
(1) Negligent driving in the first or second degree, as defined by RCW 46.61.5249, ((or)) 46.61.525, or 46.61.526;
(2) Following too closely, as defined by RCW 46.61.145, or 46.61.635;
(3) Failure to stop, as defined by RCW 46.61.055, 46.61.065, 46.61.195, 46.61.200, 46.61.365, 46.61.370, ((or)) 46.61.375, or 46.61.385;
(4) 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, 46.61.212, 46.61.215, 46.61.220, 46.61.235, 46.61.245, 46.61.261, 46.61.300, or 46.61.427;
(5) Speed too fast for conditions, as defined by RCW 46.61.400;
(6) Improper lane change or travel, as defined by RCW 46.61.070, 46.61.105, 46.61.140, 46.61.290, or 46.61.608; ((and))
(7) Improper or erratic lane changes, including:
(a) Improper overtaking on the right, as defined by RCW 46.61.115;
(b) Improper overtaking on the left, as defined by RCW 46.61.110, 46.61.120, or 46.61.130; and
(c) Improper driving to left of center of roadway, as defined by RCW 46.61.125;
(8) Reckless endangerment of emergency zone workers, as defined by RCW 46.61.212;
(9) Reckless endangerment of roadway workers, as defined by RCW 46.61.527; and
(10) A conviction of an administrative rule or local law, ordinance, rule, or resolution of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this section.