14-20-053

WSR 14-20-053

PERMANENT RULES

DEPARTMENT OF LICENSING

[Filed September 25, 2014, 1:54 p.m., effective October 26, 2014]

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

Purpose: 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.

Citation of Existing Rules Affected by this Order: Amending WAC 308-100-130.

Statutory Authority for Adoption: RCW 46.01.110, 46.25.010, 46.25.140.

Adopted under notice filed as WSR 14-17-074 on August 18, 2014.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 25, 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.