wa-26-21-103: Licensing, Department of — WSR 26-21-103

WSR 26-21-103 (26-21)WSR 26-21-103PROPOSED RULESDEPARTMENT OF LICENSING[Filed October 21, 2026, 11:17 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-12-081.Title of Rule and Other Identifying Information: Amending chapter 308-104 WAC, Drivers' licenses; and chapter 308-110 WAC, Administration of knowledge and skills testing by driver training schools. Hearing Location(s): On November 24, 2026, at 10:00 a.m., via Zoom meeting at https://us06web.zoom.us/j/86763091125?pwd=pOpTJVOSc1ZNF3H2jBKevhvK5vXaGJ.1, Meeting ID 867 6309 1125, Passcode 415713; or call in (audio only) 1-253-215-8782 (Tacoma), 1-253-205-0468 (United States, Tacoma), Conference ID 86763091125#, Passcode *415713#; or in person at 1125 Washington Street S.E., Olympia, WA 98504. Please note that there is both an in-person and a virtual option. If you are not able to sign in using Teams [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.Date of Intended Adoption: November 25, 2026.Submit Written Comments to: Colton Myers, 1125 Washington Street S.E., Olympia, WA 98504, web dol.wa.gov/about/rulemaking-activity, email rulescoordinator@dol.wa.gov, by November 24, 2026.Assistance for Persons with Disabilities: Contact Colton Myers, phone 564-464-5716, email rulescoordinator@dol.wa.gov, by November 17, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules will implement provisions of ESHB 1878, concerning young driver safety, which passed during the 2025 legislative session. Reasons Supporting Proposal: Amending chapter 308-104 WAC, Drivers' licenses; and chapter 308-110 WAC, Administration of knowledge and skills testing by driver training schools, will align requirements established under ESHB 1878, which passed during the 2025 legislative session. Statutory Authority for Adoption: RCW 46.01.110 Rule-making authority, 46.82.290 Administration of chapter—Adoption of rules, and ESHB 1878, concerning young driver safety. Statute Being Implemented: ESHB 1878, which includes RCW 46.20.1191, 46.20.100, 46.20.1192, and 46.82.480.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: Cara Jockumsen, 1125 Washington Street S.E., Olympia, WA 98504; Implementation and Enforcement: Dan Cooke, 1125 Washington Street S.E., Olympia, WA 98504, 360-902-3826.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. Amendments to chapters 308-104 and 308-110 WAC merely make technical changes to accommodate changes made under ESHB 1878.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:Is fully exempt.October 20, 2026Molly VorisLegislative and Policy DirectorRDS-7502.1AMENDATORY SECTION(Amending WSR 00-18-069, filed 9/1/00, effective 10/2/00)WAC 308-104-047Driving test—Waiver.For purposes of issuance of an original driver's license, the department may waive the actual demonstration of the ability to operate a motor vehicle where the applicant meets all other licensing requirements, has successfully completed the appropriate Washington knowledge test or tests, and:(1) If the application is for a basic driver's license, the applicant has:(a) Surrendered a valid driver's license issued by the applicant's previous home state, or presented a letter of clearance from the previous home state showing a valid license record on file;(b) Not taken a Washington driving test on which the applicant has been disqualified; and(c) Not taken a Washington knowledge test on which the applicant has been disqualified three or more times;(2) If the application is for a driver's license with a motorcycle endorsement, the applicant, along with the requirements listed in subsection (1) of this section, has:(a) Surrendered a valid motorcycle license or driver's license with motorcycle endorsement issued by the applicant's previous home state, or presented a letter of clearance from the previous home state showing a valid motorcycle license record on file. In order for a surrendered license or letter of clearance to be valid under this subsection, the applicant's previous home state's motorcycle licensing standards must meet or exceed Washington state motorcycle licensing standards, as determined by the department;(b) Completed a motorcycle skill test waiver certificate; and(c) If the applicant is ((under eighteen years of age))required in chapter 46.20 RCW to complete a driver training education course defined under chapter 46.82 RCW, presented a certificate verifying completion of an approved motorcycle safety education course;(3) If the application is for a commercial driver's license, the applicant, along with the requirements listed in subsection (1) of this section, has:(a) Surrendered a valid commercial driver's license issued by the applicant's previous home state, or presented a letter of clearance from the previous home state showing a valid commercial driver's license record on file; or(b) Met the requirements for waiver of the commercial driver's license skill test as provided by RCW 46.25.060(2).Notwithstanding the above provisions, the department may require the applicant to complete the appropriate driving test or tests if the department determines that it is in the interest of safety for the applicant to demonstrate his or her ability to operate a motor vehicle.AMENDATORY SECTION(Amending WSR 24-17-038, filed 8/13/24, effective 9/13/24)WAC 308-104-050Waiver of driver education requirement—When granted.No waiver of the traffic safety education course requirement for applicants ((under the age of 18 years))required in chapter 46.20 RCW to complete a driver training education course defined under chapter 46.82 RCW shall be issued unless the parent, guardian, responsible adult as defined in RCW 46.20.075 (9)(b), or other person having the care, custody and control of the applicant certifies that the applicant is:(1) Unable to take or successfully complete a traffic safety education course and the reasons therefor; and(2) That there exists a need to operate a motor vehicle. The need shall be set forth in as much detail as possible. For the purpose of meeting this requirement, "a need exists" shall be construed to mean that the capability to drive will reduce or help eliminate the negative consequences of the situation that created the need to drive. If operating a motor vehicle does not reduce the hardship which was created by the situation, "a need" does not exist.RDS-7505.1AMENDATORY SECTION(Amending WSR 22-24-010, filed 11/28/22, effective 12/29/22)WAC 308-110-030Administration of examinations.(1) Schools and examiners must conduct skills tests using routes that meet department standards.(2) Knowledge test questions must be supplied by the department or meet department criteria.(3) Knowledge tests must be conducted in an area separate from classroom instruction or when a class is not in session, minimizing distractions or interactions.(4) Examinations must be conducted by examiners.(5) Knowledge test results may be used to obtain a driver license for no more than two years from the date of completion.(6) Skills test results may be used to obtain a driver license for no more than one year from the date of completion.(7) In accordance with the department's guidelines, schools must refer to the department for testing any applicant who has a condition that may impair their ability to operate a motor vehicle safely.(8) Prior to administering the knowledge and skills tests, schools will ensure that applicants are properly informed regarding testing requirements and their test results. Schools must also inform applicants of the school's current retesting, refund, and grievance policies and procedures.(9) Prior to administering the knowledge exam, schools must ensure the applicants are at least 15 1/2 years old; or 15 years old and have successfully completed a traffic safety education course.(10) Prior to administering the skills exam, schools must ensure that applicants are at least 15 years of age. ((When the applicant is less than 18 years of age, the applicant must have successfully completed a traffic safety education course.))Applicants must have successfully completed the required driver education course.(11) Applicants must possess one of the following to participate in the skills testing portion of the examination:(a) A Washington instruction permit issued under RCW 46.20.055;(b) A temporary authorization to drive issued on a form prescribed by the department; or(c) A valid foreign driver's license.