No waiver of the traffic safety education course requirement
for applicants under the age of 18 years shall be issued unless:
(1) The parent, guardian, or other person
having the care, custody and control of the applicant certifies that the
applicant is:
(a) Unable to take or
successfully complete a traffic safety education course and the reasons
therefor, and
(b) That there exists
an immediate need to operate a motor vehicle. The immediate need shall be set
forth in as much detail as possible. For the purpose of meeting this
requirement, "an immediate 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 immediate need to drive. If operating a motor
vehicle does not reduce the hardship which was created by the situation, "an
immediate need" does not exist; and
(2) The waiver is approved by a majority of a
three member committee consisting of two department of licensing members which
shall include any two of the following: The assistant director for driver
services, the administrator of hearings, the administrator of driver
responsibility, the administrator or assistant administrator(s) for driver
operations, and one member who shall be the supervisor of driver and safety
education in the office of the superintendent of public instruction or his/her
designee. The committee shall have the power to set definite restrictions as to
hours of the day and routes or areas of travel permitted under the waiver until
the applicant has completed a driver education course or has reached the age of
18 years.
