WSR 17-18-086
[Filed September 5, 2017, 2:08 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-13-051.
Title of Rule and Other Identifying Information: WAC 308-104-160 Moving and nonmoving violations defined, 308-108-165 Prohibition on wireless communication devices during instruction, and 308-330-464 RCW sections adoptedOperation and restrictions.
Hearing Location(s): On October 10, 2017, at 9:00 a.m., at the Highway[s]-Licenses Building, Conference Room 410, 1125 Washington Street S.E., Olympia, WA 98507. Check in at the first floor counter.
Date of Intended Adoption: October 10, 2017.
Submit Written Comments to: Stephanie Sams, Policy and Legislative Analyst, Department of Licensing, P.O. Box 9030, Olympia, WA 98507-9030, email, fax 360-664-0116, by October 6, 2017.
Assistance for Persons with Disabilities: Contact Stephanie Sams, Policy and Legislative Analyst, phone 360-902-0131, fax 360-664-0116, email, by October 6, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule amendments reflect changes in the distracted driving laws. Specifically, "use of a personal electronic device while driving" and "dangerously distracted driving" will be included in the model traffic ordinance and the moving and nonmoving violations rules. The driver training school WAC is updated to reflect the accurate RCW reference for "use of a personal electronic device while driving."
Reasons Supporting Proposal: This rule making is necessary to meet the requirements of SSB 5289 (2017), modifying the infraction of and penalties for distracted driving. Amendments will align WAC with the new statutes and include updating and repealing references.
Statutory Authority for Adoption: RCW 46.01.110, 46.20.2891, 46.82.290, and 46.90.010.
Statute Being Implemented: RCW 46.61.672 and 46.61.673.
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: Stephanie Sams, Highway[s]-Licenses Building, Olympia, Washington, 360-902-0131; Implementation and Enforcement: George Price, Highway[s]-Licenses Building, Olympia, Washington, 360-902-0120.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. This rule making is exempt from a cost-benefit analysis under RCW 34.05.328 (5)(b)(iii) because it adopts reference of Washington state statutes without material change.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
September 5, 2017
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-16-101, filed 8/2/16, effective 9/2/16)
WAC 308-104-160 Moving and nonmoving violations defined.
For purposes of RCW 46.20.2891, 46.65.020, and this chapter, the term "moving violation" means any violation of vehicle laws listed in this section that is committed by the driver of a vehicle, while the vehicle is moving. However, being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug is also considered a moving violation for the purposes of this section. Parking violations, equipment violations or paperwork violations relating to insurance, registration, licensing and inspection are considered "nonmoving violations." Moving violations are those 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 intoxicating liquor or any drug as defined by RCW 46.61.502;
(2) 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, striking the body of a deceased person, 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, 46.20.345, or 46.20.394;
(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 or marijuana, 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 or 46.61.745;
(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 or 46.61.526;
(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, 46.61.070, or 46.61.450;
(19) Disobey signalman, officer, or firefighter, as defined by RCW 46.61.015, 46.61.020, 46.61.021, or 46.61.022;
(20) Disobey school patrol, as defined by RCW 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;
(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) Violating restrictions on a limited access highway while driving a motor vehicle, as defined by RCW 46.61.160;
(34) High occupancy vehicle lane violation, as defined by RCW 46.61.165;
(35) Improper overtaking or passing, as defined by RCW 46.61.110, 46.61.115, 46.61.120, 46.61.125, 46.61.130, or 46.61.428;
(36) Passing stopped school bus, as defined by RCW 46.61.370;
(37) Passing stopped private carrier bus, as defined by RCW 46.61.375;
(38) Following too closely, as defined by RCW 46.61.145;
(39) Following fire apparatus, as defined by RCW 46.61.635;
(40) Crossing fire hose, as defined by RCW 46.61.640;
(41) Driving on sidewalk, as defined by RCW 46.61.606;
(42) Driving through safety zone, as defined by RCW 46.61.260;
(43) Driving with wheels off roadway, as defined by RCW 46.61.670;
(44) Impeding traffic, as defined by RCW 46.61.100, 46.61.425, or 46.20.427;
(45) Improper turn, as defined by RCW 46.61.290;
(46) Prohibited turn, as defined by RCW 46.61.295;
(47) Failure to signal or improper signal, as defined by RCW 46.61.305, 46.61.310, or 46.61.315;
(48) Improper backing, as defined by RCW 46.61.605;
(49) Unlawful operation of motorcycle on roadway, as defined by RCW 46.61.608, 46.61.612, or 46.61.614;
(50) Reckless endangerment, as defined by RCW 9A.36.050;
(51) Failure to maintain control, as defined by RCW 46.61.445;
(52) Violation of license restriction(s), as defined by RCW 46.20.041 or 46.20.740;
(53) Violation of instruction permit restrictions, as defined by RCW 46.20.055;
(54) Violation of out-of-service order, as defined by RCW 46.25.090;
(55) Obstructed vision or control, as defined by RCW 46.61.615;
(56) Carrying persons or animals outside of vehicle, as defined by RCW 46.61.660;
(57) Carrying passenger in towed vehicle, as defined by RCW 46.61.625;
(58) Coasting on downgrade, as defined by RCW 46.61.630;
(59) Violation of child restraint requirements, as defined by RCW 46.61.687;
(60) Carrying child under the age of five years old on motorcycle, as defined by RCW 46.37.530;
(61) Carrying passenger improperly on motorcycle, as defined by RCW 46.61.610;
(62) No helmet, goggles, mirrors, windshield or face shield, as defined by RCW 46.37.530;
(63) Operating moped on freeway or sidewalk, as defined by RCW 46.61.710;
(64) Driving without lights, as defined by RCW 46.37.020;
(65) Failure to dim lights, as defined by RCW 46.37.230;
(66) Operating motorcycle without lights, as defined by RCW 46.37.522;
(67) No lamp, reflector, or flag on extended load, as defined by RCW 46.37.140;
(68) Wearing earphones or viewing television in vehicle, as defined by RCW 46.37.480;
(69) Failure to secure load, as defined by RCW 46.37.490;
(70) Spilling load, as defined by RCW 46.61.655;
(71) Improper towing, as defined by RCW 46.44.070;
(72) Using a ((hand-held mobile telephone)) personal electronic device while driving ((a commercial motor vehicle)), as defined by RCW ((46.61.667 (1)(b))) 46.61.672; and
(73) ((Texting while driving a commercial motor vehicle)) Dangerously distracted driving, as defined by RCW ((46.61.668 (1)(b))) 46.61.673.
AMENDATORY SECTION (Amending WSR 09-21-093, filed 10/20/09, effective 11/20/09)
WAC 308-108-165 Prohibition on wireless communication devices during instruction.
(1) Driving school instructors must not use ((wireless communication)) personal electronic devices, hands-free or otherwise, that distract from or interfere with the behind the wheel or classroom instruction task. This includes the use of any communications devices that result in verbal or written text responses while conducting instruction. While supervising the operation of a vehicle, instructors are additionally prohibited from sending or receiving messages with these devices. Ring volumes for these devices, or any phone in proximity, are to be silenced so as not to interfere in any way with the student learning or interacting with the instructor.
(2) This section does not apply to voice activated GPS devices or classroom devices that are being used as part of an approved curriculum. This section also does not preclude the use of devices to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property, as permitted under RCW ((46.61.667)) 46.61.672.
(3) An unreasonable risk associated with a failure to obey this section is a violation of RCW 18.235.130(4).
AMENDATORY SECTION (Amending WSR 15-24-085, filed 11/30/15, effective 12/31/15)
WAC 308-330-464 RCW sections adoptedOperation and restrictions.
The following sections of the Revised Code of Washington (RCW) pertaining to the operation of vehicles and the restriction of certain acts and practices of vehicle operators and passengers as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.600, 46.61.605, 46.61.606, 46.61.608, 46.61.610, 46.61.611, 46.61.612, 46.61.614, 46.61.615, 46.61.620, 46.61.625, 46.61.630, 46.61.635, 46.61.640, 46.61.645, 46.61.655, 46.61.660, 46.61.665, ((46.61.667, 46.61.668,)) 46.61.670, 46.61.672, 46.61.673, 46.61.675, 46.61.680, 46.61.685, 46.61.687, 46.61.688, 46.61.690, 46.61.700, 46.61.705, 46.61.710, 46.61.720, 46.61.723, 46.61.725, 46.61.730, 46.61.735, and 46.61.740.