DEPARTMENT OF LICENSING

[Filed June 13, 2025, 2:44 p.m., effective July 14, 2025]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The joint administrative rules review committee requested the department of licensing (department) amend WAC 308-108-155 to clarify where the traffic safety education required curriculum can be located. The department took the opportunity to amend the rule further to include changes to relevant traffic safety laws and standards included in the required curriculum, by subject heading. Although the language to subsections (3) and (4) has been adjusted slightly, substantively, the requirements remain the same.

Citation of Rules Affected by this Order: Amending 2 [WAC 308-108-020 and 308-108-155].

Statutory Authority for Adoption: RCW 46.01.110 Rule-making authority, and 46.82.290 Administration of chapter—Adoption of rules.

Other Authority: RCW 46.82.420 Required curriculum—Revocation of license for failure to teach.

Adopted under notice filed as WSR 25-08-091 on April 2, 2025.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 13, 2025.

Rules and Policy Manager

AMENDATORY SECTION(Amending WSR 25-01-054, filed 12/11/24, effective 1/11/25)

WAC 308-108-020Definitions.

The definitions of this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Adult course" means the course offered to adults who do not need the comprehensive driver training education required for minor drivers.

(2) "Behind the wheel instruction" means that portion of a traffic safety education course that consists of on-street, dual-controlled vehicle operation or similar instruction given under simulated conditions that has been approved by the director.

(3) "Branch office" or "branch classroom" means a facility within a 35-mile radius of a driver training school's established place of business, except where the 35-mile radius requirement has been waived or extended by the department as provided by RCW 46.82.360 (6)(c), that has been approved by the department for use by the driver training school.

(4) "Classroom," defined in RCW 46.82.280(2), may also include a virtual classroom environment when video conferencing technology is capable of two-way communication between the instructor and all students.

(5) "Course cost" means the price charged for a course offering before any taxes, subsidies, discounts, or other price reductions or additional fees.

(6) "Department" means the department of licensing.

(7) "Driver training education course" means the driver training education course as defined in RCW 46.82.280 and following the required curriculum.

(8) "Engage in a course of instruction" means to enroll in, schedule, collect a fee for, or sign an application for an instruction permit in order to attend or take part in a driver training education course.

(9) "Inactive instructor" means an instructor with a valid Washington instructor's license who is no longer employed by or otherwise associated with a licensed driver training school.

(10) "Instructor-led" means person-to-person learning where students can ask questions, receive feedback in real-time, and interaction and discussion are enabled.

(11) "Instructor-trainer" means a currently licensed instructor who is training traffic safety education instructors and who has not less than:

(a) One thousand hours of experience in providing traffic safety education in the past year;

(b) Five years of previous experience in providing traffic safety education; or

(c) One thousand hours or five years experience in the field of traffic safety and proof of training acceptable to the director in how to teach and train others, and not less than 300 hours of previous experience in training others.

(12) "License or endorsement test" means a test that is required to obtain a personal or commercial driver license or permit or a motorcycle permit or endorsement.

(13) "Records" means all documents, papers and reports required to own a driver training school, including but not limited to:

(a) Vehicle registration, title, insurance policy, and maintenance information;

(b) Business financial documents, such as franchise agreements, corporate documents, bank records, partnership agreements, lease agreements, and purchase and sale agreements; and

(14) "Required curriculum" means the Washington Traffic Safety Education Required Curriculum Standards, which prescribes the mandatory content and objectives for all driver education courses in Washington. These standards are jointly developed and approved by the department of licensing and the office of the superintendent of public instruction and are incorporated by reference in this chapter.

(15) "Student" means any person enrolled in an approved driver training education course who is at least 15 years of age.

AMENDATORY SECTION(Amending WSR 20-05-084, filed 2/18/20, effective 3/20/20)

WAC 308-108-155Required curriculum.

(((1) The required curriculum referred to in RCW 46.82.420 includes competencies to develop knowledge, skills, and awareness related to novice drivers. Training must include, but is not limited to, instruction on the following concepts outlined in the required curriculum:

(a) Rules of the road;

(b) Vehicle components;

(d) Driver behavior;

(e) Sharing the road;

(f) Attention and perception;

(g) Hazard and risk management;

(h) Vehicle maintenance/malfunctions and technology;

(i) Managing emergencies and adverse conditions;

(j) Respect and responsibility; and

(k) Vehicle technology systems.

(2) Driver training schools will cross-reference the required curriculum and the school's curriculum guide (WAC 308-108-170) on a form provided by and submitted to the department. When changes are made that affect the cross-reference form, the school must update the cross-reference form and submit it to the department.))(1) The curriculum for traffic safety education courses in Washington state shall comply with the Washington Traffic Safety Education Required Curriculum Standards, published and jointly approved by the department of licensing and the office of the superintendent of public instruction pursuant to RCW 46.82.420. These standards are incorporated by reference into this chapter and are available for review on the department's website.

(2) Courses must include instruction on the following concepts outlined in the required curriculum:

(a) Classroom standards:

(i) Traffic safety education introduction;

(ii) Vehicle components;

(iii) Vehicle maintenance and malfunctions;

(iv) Vehicle handling;

(v) Vehicle safety technology systems;

(vi) Driver behavior;

(vii) Driver attention and perception;

(viii) Driver respect and responsibility;

(ix) Rules of the road;

(x) Sharing the road;

(xi) Perception and risk management;

(xii) Emergencies and adverse conditions;

(b) Behind-the-wheel standards:

(i) Vehicle components and safety technology;

(ii) Vehicle handling;

(iii) Driver behavior;

(iv) Driver attention;

(v) Sharing the road;

(vi) Hazard awareness and navigation.

(3) Driver training schools must submit a detailed description of their course curriculum to the DOL using the designated form. This form must outline how the school's instruction fulfills the required curriculum standards, specifying whether they are using preapproved instructional resources or submitting their own materials for department review and approval.

(4) The school must update the designated form and submit changes in curriculum to the department for review and approval.