WSR 98-20-033

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed September 29, 1998, 11:42 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-14-080.

Title of Rule: Chapter 308-56A WAC General procedures for making applications for ownership.

Purpose: 1. To meet the criteria set forth in Governor Locke's Executive Order 97-02. 2. To clarify rules and help make them more comprehensible.

Statutory Authority for Adoption: RCW 46.01.110.

Summary: Repealing WAC 308-56A-025 General procedure for application, 308-56A-035 Form required for name and address--One name on application, 308-56A-045 Form required for name and address--Address nonresident, 308-56A-050 Form required for name and address--Last registered owner shown on application, 308-56A-100 Declaration of use tax form, 308-56A-105 Previously titled vehicles, 308-56A-125 Foreign title or registration, 308-56A-130 Acquired from United States government, and 308-56A-135 Registered by foreign military command; amending WAC 308-56A-030 Form required for name and address, 308-56A-040 Form required for name and address--Address, 308-56A-055 Form required for name and address--Owners in common, 308-56A-060 Form required for name and address--Ownership in joint tenancy, 308-56A-110 New vehicles, 308-56A-115 Vehicles not previously titled and 308-56A-210 Lack of proper release of interest; and new section WAC 308-56A-295 Vehicle sold--Reported stolen--Liability if abandoned.

Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting: Patrick J. Zlateff, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation: Nancy Kelly, 1125 Washington Street S.E., Olympia, (360) 902-3754; and Enforcement: Eric Anderson, 1125 Washington Street S.E., Olympia, (360) 902-4045.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The anticipated effects will be a clarification of the above mentioned requirements.

Proposal Changes the Following Existing Rules: Clarify sections needed and repeal those no longer required.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on businesses in an industry.

RCW 34.05.328 does not apply to this rule adoption. The contents of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room, 1125 Washington Street S.E., Olympia, WA 98507, on November 10, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by November 9, 1998, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick J. Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by November 9, 1998.

Date of Intended Adoption: December 5, 1998.

September 29, 1998

Nancy S. Kelly, Administrator

Title and Registration Services

OTS-2518.1

AMENDATORY SECTION (Amending WSR 96-04-004, filed 1/25/96, effective 2/25/96)



WAC 308-56A-030  ((Form required for)) Owner name and address--Application for certificate of ownership. ((The application for certificate of ownership shall indicate the names and addresses of the registered and legal owners of the vehicle, including lessees and lessors, and each owner's department assigned customer account number. The names indicated shall be the names of the owners in the form in which the person wishes his/her interests to be reflected. The owner's names reflected on the certificate of registration are identical with the name shown on the certificate of ownership.)) (1) What registered owner and lien holder or secured party information is required on the application for certificate of ownership?

The application for certificate of ownership shall include:

(a) The name of each owner of the vehicle and, if the vehicle is subject to security interest, the name of each secured party;

(b) The department's assigned customer account number for each owner of the vehicle including secured parties if available;

(c) The address at which one of the owners regularly receives mail; and

(d) The mailing address of the first secured party.

(2) Do the addresses need to conform to United States Postal Service (USPS) standards?

Yes. USPS address standards must be used on all vehicle records, registrations, and certificates of ownership.

(3) If there are multiple owners with different addresses, may both addresses be shown on the application?

No. The address of only one of the registered owners and one secured party will be accepted on the application for certificate of ownership.



[Statutory Authority: RCW 46.01.110, 88.02.100, 46.10.040, 46.12.030, 46.16.040, 88.02.050 and 88.02.070. 96-04-004, 308-56A-030, filed 1/25/96, effective 2/25/96; 95-13-058, 308-56A-030, filed 6/19/95, effective 7/20/95; Order MV 208, 308-56A-030, filed 7/31/74.]



AMENDATORY SECTION (Amending WSR 92-15-024, filed 7/6/92, effective 8/6/92)



WAC 308-56A-040  ((Form required for)) Name and address--Address. ((The address of the registered and legal owner must be shown on the application as the address at which the owner regularly receives mail. If there is a change in the address, the department must be notified with the following information:

(1) The registered owner's name as it appears on the department records;

(2) The license plate number of each vehicle;

(3) The new address with zip code and county of the new address;

(4) Whether or not the new address is in an incorporated or unincorporated area.)) (1) If the owner's address changes, does the owner need to notify the department?

Yes.

(2) What information does the owner need to provide to the department if their address changes?

The owner shall provide the department with the following information:

(a) The registered owner's name as it appears on the department records;

(b) The license plate number of each vehicle;

(c) The new address with at least a five digit zip code and preferably a nine digit zip code; and

(d) The county of the new address.

(3) Does the address need to conform to United States Postal Service (USPS) standards?

Yes. USPS address standards must be used on all vehicle records, registrations, and certificates of ownership.



[Statutory Authority: RCW 46.01.110. 92-15-024, 308-56A-040, filed 7/6/92, effective 8/6/92; Order MV 208, 308-56A-040, filed 7/31/74.]



AMENDATORY SECTION (Amending Order MV 208, filed 7/31/74)



WAC 308-56A-110  New vehicles--Manufacturer's statement/certificate of origin. (((1) Application for a certificate of title to a new vehicle never before licensed or titled and sold by an in-state or out-of-state dealer or manufacturer must be accompanied by a Manufacturers Statement of Origin (MSO) or other document certifying the first conveyance of said vehicle after its manufacture.

(2) The statement of origin or other similar document or the factory invoice of the dealer shall reflect the year, make, model, body style, and vehicle identification number and additionally, in the case of motorcycles, the motor number and frame number.

(3) No statement of origin or other similar document can be accepted for the issuance of a title unless all persons named on said statement have released or assigned their interest thereon, or on a department release of interest form. If the selling dealer is the only interest named, a dealer's report of sale on a title application shall have the effect of a release.

(4) Dealer to dealer transfers may be accomplished either by appropriate endorsement of the statement of origin or other similar document, or by a department release of interest form. A complete chain of ownership must be reflected from the original dealer named on the MSO to the retail selling dealer making the application.

(5) If the statement of origin or other similar documentation is not available and obtaining a replacement from the manufacturer would cause an undue amount of delay in titling the vehicle, a photocopy of the factory invoice to the dealer can be substituted. A clear chain of ownership must be reflected from the original dealer named on the invoice to the retail selling dealer making application.

(6) This rule shall be applied to all new vehicles commencing with the 1974 model year.)) (1) What ownership documentation from the manufacturer is required to title a new vehicle?

An application for a certificate of ownership to a new vehicle shall be accompanied by a manufacturer's statement/certificate of origin (MSO/MCO).

(2) What information needs to be shown on the MSO/MCO?

The MSO/MCO shall contain the following information:

(a) First conveyance of the vehicle after its manufacture;

(b) The model year;

(c) Make;

(d) Model, body style;

(e) Vehicle identification number;

(f) An indication that the vehicle was not manufactured for road use, if applicable; and

(g) If a moped, a statement indicating the vehicle meets the definition in RCW 46.04.304.

(3) What documentation may be used in lieu of an MSO/MCO?

If the MSO/MCO is not available, the manufacturer's invoice to the dealer may be used. The manufacturer's invoice shall contain all the information required in subsection (2) of this section. If a flooring agent is shown on the invoice, the department requires a release of interest from the flooring agent.

(4) How is a dealer to dealer sale recorded on the MSO/MCO before the first retail sale?

A dealer to dealer sale is recorded in the assignment area on the MSO/MCO.

In the absence of an available assignment area a dealer to dealer report of sale or similar document may be used as long as a complete chain of ownership is documented from the original dealer named on the MSO/MCO through the retail selling dealer making the application.



[Order MV 208, 308-56A-110, filed 7/31/74.]



AMENDATORY SECTION (Amending WSR 93-14-084, filed 6/30/93, effective 7/31/93)



WAC 308-56A-115  Vehicles ((not previously titled)) from jurisdiction other than Washington. (((1) Application for certificates of ownership and/or registration to a vehicle not previously titled or licensed in this state must be accompanied by documents acceptable to the department.

(2) Application for certificates of ownership and/or registration to a used vehicle or vehicle that has never been titled or registered in this state or any other jurisdiction must be accompanied by documents set forth in WAC 308-56A-110 for new vehicles.

(3) Application for certificates of ownership and/or registration to a used vehicle or vehicle that has been titled and/or registered in a foreign jurisdiction must be accompanied by the most recently issued valid title or other documents acceptable to the department which constitute proof of ownership.

(4) Application for certificates of ownership and/or registration, for a vehicle imported from a country that cancels the vehicle title and/or registration for export, must be accompanied by the documents evidencing the cancellation and constituting proof of ownership.

(5) Any document provided which is not in the English language, shall be accompanied by a literal translation into the English language and verified as to the accuracy of the translation by a notarized affidavit from the translator.)) (1) What ownership documents are required to title a vehicle not currently titled or licensed in the state of Washington?

(a) If the vehicle was acquired from an agency of the United States government, the original or a copy of the bill of sale issued by the United States government must accompany the application for certificate of ownership.

(b) If a vehicle is titled in another state, the application for certificate of ownership must be accompanied by the most current title issued by that state. The department will accept a copy of the current title when it is being held by the lien holder and is not available.

(c) If a vehicle is titled in another country, the application for certificate of ownership must be accompanied by the most current title issued by that jurisdiction. If the country from which the vehicle is imported cancels the vehicle title and/or registration for export, the application for certificate of ownership must be accompanied by documents showing proof of ownership and evidence of the cancellation.

(d) If a member of the United States armed forces owns the vehicle and the vehicle has been registered by the United States government military entity, the application for certificate of ownership shall be accompanied by the registration certificate as proof of ownership. If there is a lien holder, the United States armed forces member must contact the lien holder and obtain a copy of the ownership documents being held.

(2) What ownership documents are required to obtain a certificate of ownership for a vehicle from a jurisdiction that by policy or law does not title or register certain classes of vehicles based on age, type, or other criteria?

If the vehicle is from a jurisdiction that by policy or law does not title a specific vehicle, but does register it, the department will accept the registration as an ownership document. If the applicant is not the owner shown on the registration, a bill of sale or release of interest is also required. If the vehicle is from a jurisdiction that neither registers nor titles, the department will accept a statement from the applicant certifying when and where they purchased the vehicle, and that the previous jurisdiction does not title or register this type of vehicle. If the applicant is not the owner of the vehicle that was brought in from such jurisdiction, a bill of sale is required, and the statement certifying how the vehicle was acquired. The Washington certificate of ownership may contain a special notation if issued under these circumstances. If the bill of sale is not available, ownership in doubt procedures from WAC 308-56A-210 apply.

(3) What ownership documents are required to title a vehicle from a jurisdiction which has refused to issue a title document for a specific vehicle?

If the jurisdiction has refused to issue title, Washington will require the customer to comply with ownership in doubt procedures from WAC 308-56A-210. In those cases where a title was refused for reasons not applicable to Washington, the department may consider issuing a title with the appropriate documentation.

(4) What additional documentation is required if my vehicle is from a foreign country?

In addition to the ownership document, the application for certificate of ownership must be accompanied by:

(a) An approved United States Department of Treasury Customs Service form properly executed authorizing the vehicle entry into this country. Applications for certificate of ownership for vehicles imported from Puerto Rico need not be accompanied by a customs document;

(b) A certificate of inspection signed by an authorized inspector as described in WAC 308-56A-150;

(c) An English translation for any document provided which is not in the English language. The translator shall provide a notarized/certified affidavit attesting to the accuracy of the translation; and

(d) A release of interest from the owners shown on the ownership documents, as provided in WAC 308-56A-210, if the applicant is not the owner shown.

(5) What if my vehicle does not pass the EPA?

If the vehicle does not conform with all applicable federal motor vehicle safety standards or federal air pollution control regulations, and the United States Customs Service will not issue a custom document, the department will not issue a certificate of ownership or registration for the vehicle.

(6) What if there is no indication that my vehicle is from a nontitle or nonregistration jurisdiction, and no other jurisdiction has a record of my vehicle?

If there is no indication that your vehicle is from a nontitle or nonregistration jurisdiction, and no jurisdiction has a record for your vehicle, you need to follow ownership in doubt procedures in WAC 308-56A-210.



[Statutory Authority: RCW 46.01.110. 93-14-084, 308-56A-115, filed 6/30/93, effective 7/31/93; Order MV 208, 308-56A-115, filed 7/31/74.]



AMENDATORY SECTION (Amending WSR 96-03-047, filed 1/11/96, effective 2/11/96)



WAC 308-56A-210  ((Lack of proper release of interest.)) Ownership in doubt. ((If the registered or legal owner, as shown in the records of the department or a foreign state issuing the last certificate of ownership and/or registration of a vehicle, has not released his/her interest in the vehicle, by endorsement on the certificate of ownership or by a satisfactory release of interest, the following must be attached to an application for Washington certificate of ownership:

(1) Proper documentation authorized in WAC 308-56A-205 to be used in lieu of a release by the registered or legal owner; or

(2) A bond in accordance with RCW 46.12.151; or

(3) The following, if satisfactory to the department:

(a) An affidavit by the applicant stating the reasons the person is unable to obtain a release of interest from the registered and/or legal owner of record; and

(b) Evidence of ownership of the vehicle by the applicant such as, but not limited to, a bill of sale; and

(c) Evidence of attempts to locate the owner of record such as, but not limited to, copies of correspondence sent by registered or certified mail, return receipt requested to the last known address of the owner.

(4) For purposes of this section, an individual purchaser or transferee of a vehicle may request the name and address of the owner(s) of record for that vehicle by satisfying subsection (3)(a) and (b) of this section and completing a form provided by the department. When satisfied the request is for obtaining proper release of interest, the department may disclose the name(s) and address of the last owner(s) of record for that vehicle.)) (1) What does an applicant do if they are unable to provide an acceptable release of interest as defined in WAC 308-56A-105 from the owner(s) of record for a vehicle?

When an applicant is unable to provide an acceptable release of interest, the applicant may:

(a) Petition any district or superior court of any county of this state to receive a judgment awarding ownership of the vehicle. Such judgment is required if ownership of the vehicle is contested after the applicant makes application for ownership in doubt and before the three-year ownership in doubt period has lapsed; or

(b) Apply for registration only or bonded certificate of ownership as described in this rule if a judgment is unnecessary as described in (a) of this subsection. The applicant shall:

(i) Provide evidence of ownership of the vehicle such as, but not limited to, a bill of sale;

(ii) Obtain a Washington state patrol VIN inspection;

(iii) Make a reasonable effort to determine ownership of the vehicle by writing to the agency that issued the last known certificate of ownership or registration. For purposes of this section, an individual purchaser or transferee of a vehicle may request the name and address of the owner(s) of record for that vehicle from the department by satisfying (b)(i) of this subsection and completing a form approved by the department. When satisfied the request is for obtaining proper release of interest, the department may disclose the name(s) and address of the last owner(s) of record for that vehicle.

(A) If a record is found, the applicant shall send a certified or registered letter, return receipt requested, to each owner and secured party of record at the address shown on the last record. The letter shall contain information regarding the sender's claim to ownership and a request for the released certificate of ownership or a notarized or certified release of interest.

(B) If no record is found, or the previous owner did not respond within fifteen days after acknowledged receipt or the letter was returned unclaimed, the applicant shall provide an affidavit of request for bonded title or registration without title form explaining how the vehicle was acquired;

(iv) Determine whether to bond the vehicle and apply for a certificate of ownership or apply for registration only. A bond is required if the seller of the vehicle is a Washington state vehicle dealer or in lieu of the judgment described in (a) of this subsection if there is evidence of a security agreement on the last record as found in (b)(i) of this subsection. A bond shall be for a period of three years from the date of application and be in the amount of one and one-half times the value of the vehicle as determined by one of the following:

(A) Information provided by any guide book or other publication of recognized standing in the vehicle industry; or

(B) A value that is agreeable to the applicant and verifiable by the authorized department agent or employee.

(2) If I have a bonded certificate of ownership, how can I get a certificate of ownership without the bonded notation?

In order to get a certificate of ownership without the bonded notation, you may:

(a) Submit the properly endorsed certificate of ownership or a satisfactory release of interest and make application to the department anytime during the three-year period; or

(b) After the three-year period, make application to the department.

(3) If I have a three-year registration only, how can I obtain a certificate of ownership?

In order to get a certificate of ownership, you may:

(a) Submit the properly endorsed certificate of ownership or a satisfactory release of interest and make application to the department anytime during the three-year period; or

(b) After the three-year period, make application to the department.

(4) Can I sell the vehicle when there is a bonded certificate of ownership or has a three-year registration only?

Yes. A bonded certificate of ownership may be released and provided to the buyer the same as any other certificate of ownership. If there is a registration only, provide the buyer with a notarized or certified release of interest. The new owner may either provide a judgment as described in subsection (1)(a) of this section or shall apply to the department for ownership in doubt as described in subsection (1)(b) of this section and complete the time remaining on the previous ownership in doubt period.



[Statutory Authority: RCW 42.17.250(1), 46.01.110, 46.12.151 and 46.12.380. 96-03-047, 308-56A-210, filed 1/11/96, effective 2/11/96; Order MV 208, 308-56A-210, filed 7/31/74.]



NEW SECTION



WAC 308-56A-295  Vehicle sold--Reported stolen--Liability if abandoned. Who is responsible for removal, storage, and disposal fees if a vehicle has been reported stolen after it was reported sold, and is subsequently abandoned?

If a report of sale has been properly filed with the department prior to the date the vehicle was reported stolen, the purchaser shown on that report of sale shall be responsible for removal, storage, and disposal fees. If a report of sale has not been properly filed, the registered owner on the department records remains liable.



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REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 308-56A-025 General procedure for application.

WAC 308-56A-035 Form required for name and address--One name on application.

WAC 308-56A-045 Form required for name and address--Address, nonresident.

WAC 308-56A-050 Form required for name and address--Last registered owner shown on application.

WAC 308-56A-055 Form required for name and address--Owners in common.

WAC 308-56A-100 Declaration of use tax form.

WAC 308-56A-105 Previously titled vehicles.

WAC 308-56A-125 Foreign title or registration.

WAC 308-56A-130 Acquired from United States government.

WAC 308-56A-135 Registered by foreign military command.

Legislature Code Reviser

Register

Washington State Code Reviser's Office