DEPARTMENT OF LICENSING

[Filed June 4, 2025, 9:13 a.m.]

Preproposal statement of inquiry was filed as WSR 24-18-120.

Title of Rule and Other Identifying Information: WAC 308-101-240 Probation in habitual traffic offender matters.

Hearing Location(s): On July 8, 2025, at 11:00 a.m., via Zoom meeting at https://us06web.zoom.us/j/82308156923?pwd=WnfsuHHN9wkEe4SLzD5N9DBakVb135.1, Meeting ID 823 0815 6923, Passcode 734100; or one-tap mobile +12532158782,,82308156923#,,,,*734100# US (Tacoma), +12532050468,,82308156923#,,,,*734100# US, Meeting ID 823 0815 6923, Passcode 734100. Find your local number at https://us06web.zoom.us/u/kcZInO9GqN. Please note that there is both an in-person and a virtual option. If you are not able to sign in using Zoom, your only option may be phone. Please plan on attending in person if the call-in option is not a preferred method of participating.

The in-person public hearing will be held at the Highway and Licenses Building, 1125 Washington Street S.E., Olympia, WA 98504.

Date of Intended Adoption: July 9, 2025.

Submit Written Comments to: Ellis Starrett, 1125 Washington Street S.E., Olympia, WA 98504, email rulescoordinator@dol.wa.gov, by July 8, 2025.

Assistance for Persons with Disabilities: Contact Ellis Starrett, phone 360-902-3846, email rulescoordinator@dol.wa.gov, by July 1, 2028.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Further define the expected duration of the probation period for habitual traffic offenders, as well as clarify terms and conditions for probation upon reinstatement to remain in effect.

Reasons Supporting Proposal: This rule making provides greater clarity around the department of licensing's (DOL) policy for the duration of the probationary period for habitual traffic offenders and clarifies criteria for violations of the probation or stay agreement.

Statutory Authority for Adoption: RCW 46.01.110 Rule-making authority.

Statute Being Implemented: Chapter 46.65 RCW, Washington Habitual Traffic Offenders Act; and RCW 46.20.2892 Traffic infractions for moving violations—Suspension—Probation—Notice.

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: Colton Myers, 1125 Washington Street S.E., Olympia, WA 98504, 564-464-5716; Implementation and Enforcement: Marta Reinhold, 1125 Washington Street S.E., Olympia, WA 98504, 360-664-1488.

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. There are no costs associated with this rule making, as it is only clarifying language already in law to better define DOL's policies related to probationary periods for habitual traffic offenders.

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 only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.

Scope of exemption for rule proposal:

Rules and Policy Manager

AMENDATORY SECTION(Amending WSR 18-11-098, filed 5/21/18, effective 9/4/18)

WAC 308-101-240Probation in habitual traffic offender matters.

(1) Upon reinstatement after a habitual traffic offender revocation, a person must be placed on probation for a minimum of one year.

(2) Every stay order issued under RCW 46.65.060 and any reinstatement order of the driving privilege granted under RCW 46.65.080 or 46.65.100 are granted subject to the following probationary terms and conditions:

(a) The individual must not be convicted of or found to have committed any of the following types of offenses during the period of probation or the duration of the stay:

(i) Vehicular homicide - RCW 46.61.520;

(ii) Vehicular assault - RCW 46.61.522;

(iii) Driving under the influence - RCW 46.61.502;

(iv) Driver under ((twenty-one))21 consuming alcohol or marijuana - RCW 46.61.503;

(v) Physical control of a vehicle under the influence - RCW 46.61.504;

(vi) Driving a commercial motor vehicle with alcohol or THC in system - RCW 46.25.110;

(vii) Driving while license suspended or revoked 1st or 2nd degree (includes driving violation of an occupational/restricted driver's license) - RCW 46.20.342;

(viii) Hit and run (occupied) - RCW 46.52.020;

(ix) Reckless driving - RCW 46.61.500;

(x) Attempting to elude a police vehicle - RCW 46.61.024;

(xi) Felony involving motor vehicle - RCW 46.20.285(4);

(xii) Ignition interlock violation - RCW 46.20.720;

(xiii) Violation of an occupational or restricted license - RCW 46.20.410;

(xiv) Operating a vehicle without an ignition interlock device – RCW 46.20.740;

(xv) Circumventing ignition interlock device – RCW 46.20.750;

(xvi) Open container violation (alcoholic beverages) - RCW 46.61.519;

(xvii) Open container violation (marijuana) - RCW 46.61.745;

(xviii) A conviction for any reduced or amended alcohol or drug-related driving offense;

(xix) No reported driving incident with a detectable alcohol concentration - RCW 46.25.090.

(b) Two or more moving violations received within a ((twelve))12-month period as defined in WAC 308-104-160 during the period of probation or the duration of the stay;

(i) A reported driving incident with a detectable alcohol concentration;

(ii) A revocation or disqualification for refusing a breath or blood test as provided by RCW 46.20.308, 46.20.3101, 46.25.090, or 46.25.120 from an incident;

(iii) Entry into a deferred prosecution program for any alcohol or drug-related offense;

(iv) A report of positive drug/alcohol test or refusal - RCW 46.25.090;

(v) A violation of the terms of any mandatory court probation - RCW 46.61.5055.

(d) Compliance with a state approved alcohol/drug treatment program as set forth in chapter 70.96A RCW and WAC 308-104-170.

(3) A violation of these terms will result in:

(a) If on probation as a habitual traffic offender: The revocation of the driving privilege for the balance of the habitual traffic offender revocation period as well as any further driving while revoked first revocation(s) added, or for one year, whichever is longer;

(b) If subject to a stay: Cancellation of the stay and revocation of the driving privilege for seven years.

(4) Review of violations of the terms and conditions of the probation or stay may be sought via the procedure provided in RCW 46.20.245.