PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-10-056.
Title of Rule: Chapter 308-96A WAC, Vehicle licenses.
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, 46.16.276, 43.17.060.
Summary: Amending WAC 308-96A-046 Qualified veteran's free license, 308-96A-050 Nonresident members of the armed forces--Plates displayed--Vehicle ownership change, 308-96A-056 Pearl Harbor survivor license plates, 308-96A-057 Purple Heart license plates and 308-96A-530 Veteran remembrance license plate emblems; repealing WAC 308-96A-505 Veteran license plate emblems--Available, 308-96A-510 Veteran license plate emblems--Fees, 308-96A-520 License plate emblems--How affixed, and 308-96A-540 License plate emblems--Follow vehicle on transfer; and new section WAC 308-57-505 Member of the armed forces--Excise tax exemption for nonresidents.
Name of Agency Personnel Responsible for Drafting: Patrick J. Zlateff, 1125 Washington Street S.E., Olympia, 902-3718; Implementation and Enforcement: Lynda Henriksen, 1125 Washington Street S.E., Olympia, 902-3811.
Name of Proponent:
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 107, 1125 Washington Street S.E., Olympia, WA 98507, on November 24, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by November 23, 1999, 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 23, 1999.
Date of Intended Adoption: December 20, 1999.
October 18, 1999
Deborah McCurley
Administrator
Title and Registration Services
by E. M. Barker
OTS-3499.1
AMENDATORY SECTION(Amending WSR 97-07-013, filed 3/11/97,
effective 4/11/97)
WAC 308-96A-046
Qualified veteran's free license.
(1)
((Disabled American veterans, former prisoners of war, surviving
spouses of deceased former prisoners of war qualified pursuant to
RCW 73.04.110 may register and receive regular or special license
plates for one personal use vehicle. The personal use vehicle is
exempt from annual licensing fees and motor vehicle excise tax.
(2) For purposes of this section, "personal use vehicle" means passenger vehicles, motor homes, motorcycles, and trucks rated at less than twelve thousand pounds gross weight.
(3) Emission inspections are required pursuant to chapter 70.120 RCW.
(4) When personalized license plates are issued, the personalized license plate fee pursuant to RCW 46.16.585 is required to be paid.
(5) Propane, butane, and natural gas powered vehicles subject to annual liquefied petroleum gas (LPG) fees pursuant to RCW 82.38.075 is required to be paid.
(6) Disabled American veterans must provide confirmation of eligibility pursuant to RCW 73.04.110 with the initial application.
(7) The surviving spouse of a deceased former prisoner of war may be issued a regular or special prisoner of war license plate even if the deceased had not been issued a plate pursuant to chapter 73.04 RCW. In addition to confirming eligibility for the deceased, the spouse must furnish the following:
(a) A certified copy of the death certificate of the deceased former prisoner of war; and
(b) An affidavit that the applicant is not currently married or remarried after the death of the former prisoner of war.
(8) When the special license plate or free veteran license is transferred to another vehicle, the registration period for the vehicle, from which the exemption is removed, is expired. The disabled veteran, former prisoner of war or surviving spouse of a former prisoner of war must notify the department of the transfer and pay the transfer fees in effect.
(9) The disabled veteran, former prisoner of war or surviving spouse of a former prisoner of war must be a registered or co-registered owner or lessee or co-lessee of the vehicle for which a free veteran license is granted.
(10) When a vehicle with a free veteran license is sold or otherwise disposed of, the special license plate must be removed and the registration period for the vehicle is expired.)) Who qualifies for the free licensing, authorized by RCW 73.04.110 and 46.16.305?
(a) Disabled American veterans and former prisoners of war, as defined in RCW 73.04.110;
(b) A veteran awarded the Congressional Medal of Honor as defined in RCW 46.16.305; and
(c) Surviving spouses of a deceased former prisoner of war as defined in RCW 73.04.115, who is named as a registered owner, including lessees, may register and receive regular or special license plates for one personal use vehicle. The personal use vehicle is exempt from the annual license fee as defined in RCW 46.16.060(1) and motor vehicle excise tax. Other taxes and fees may apply.
(2) What vehicles are considered personal use vehicles? For purposes of this section, "personal use vehicle" means passenger vehicles, motor homes, motorcycles, and trucks rated at less than twelve thousand pounds gross weight. This exemption cannot be applied to vehicles belonging to business.
(3) Will I be subject to other taxes and fees? Yes, other taxes and fees may apply depending on the type of license plate requested.
(4) What must be provided to qualify for a veteran's free license? If the applicant is:
(a) A disabled American veteran, they must provide a letter of eligibility from the Washington state veteran's administration or military service confirming disability under RCW 73.04.110 with the application.
(b) A former prisoner of war or a veteran awarded the Congressional Medal of Honor must provide a confirmation of eligibility from the Washington state veteran's administration or the military service from which the veteran was discharged.
(c) The surviving spouse of a deceased former prisoner of war may be issued a regular or special prisoner of war license plate even if the deceased had not been issued a plate under chapter 73.04 RCW. In addition to confirming eligibility, the surviving spouse must furnish the following:
(i) A certified copy of the death certificate of the deceased former prisoner of war; and
(ii) An affidavit that the applicant is not currently married.
(5) May I transfer my veteran free license plate to another qualifying vehicle? Yes, you may transfer your veteran free license plate to another vehicle.
(a) You must notify the department of the transfer and pay the transfer fees in effect; and
(b) If transferring the license plate to an another vehicle, you must display the permanent tab issued by the department.
(6) If I choose to retain the vehicle from which the veteran free license plate was removed, do I need to register it? Yes, if you choose to continue to use the vehicle on the highway, the vehicle shall be registered under chapter 46.16 RCW.
(7) How do I dispose of the veteran free license plate if I no longer qualify? The veteran free license plate no longer in use must be surrendered to a vehicle licensing office or to the department within fifteen days as required by WAC 308-96A-098.
[Statutory Authority: RCW 46.01.110. 97-07-013, § 308-96A-046, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, § 308-96A-046, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.01.110 and 46.12.070. 91-04-025, § 308-96A-046, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.110 and 46.16.276, 1987 c 98 § 1 and RCW 73.04.110 as amended by 1987 c 98 § 2. 88-01-010 (Order TL/RG 39), § 308-96A-046, filed 12/7/87. Statutory Authority: RCW 46.01.110. 85-15-059 (Order TL-RG-14), § 308-96A-046, filed 7/17/85. Statutory Authority: RCW 46.01.110 and 46.16.600. 84-21-130 (Order TL/RG-9), § 308-96A-046, filed 10/24/84. Formerly WAC 308-96A-045.]
(1) ((Military personnel
stationed in Washington may operate their personal vehicles with
the current license plates of their "official home of record" or
with current Washington plates. Military personnel are not
required to pay Washington excise tax if their official home of
record is not Washington. A properly completed "Nonresident
military affidavit" on a form supplied by the department must be
submitted with the original application for the excise tax
exemption. Each subsequent renewal of license for such a vehicle
must be accompanied by proof of the continued nonresident
military status, such as, but not limited to, an active military
identification card, for the excise tax exemption. Washington
residents in the military are not exempt from excise tax.
(2) The spouse of a nonresident military person who is stationed away from his or her home state has the same licensing privilege as a nonresident military person stationed in Washington as long as the vehicle is registered to the military person or to the military person and spouse, regardless of the spouse's employment or residence.
(3) If the nonresident military person sells the vehicle, the new owner does not become liable for the payment of excise tax and license fees until expiration of the current registration.)) What license plates must be displayed on a vehicle registered to a nonresident military person assigned to duty in Washington? Nonresident military personnel assigned to duty in Washington may display on their vehicle either:
(a) License plates issued from their official home of record (state of bona fide residence);
(b) License plates issued from a jurisdiction other than their official home of record until such time as that license registration is expired;
(c) Washington license plates; or
(d) License plates issued by the military commonly referred to as USA registration.
After expiration of registration from a jurisdiction other than Washington you may maintain your registration in your home of record or obtain a Washington registration.
(2) When a new owner acquires a vehicle which has the nonresident military excise tax exemption, does the new owner have to pay excise tax? If the new owner:
(a) Qualifies for a nonresident military excise tax exemption, the new owner needs to establish excise tax exemption as provided in WAC 308-57-505, even if not paying registration fees at the time; or
(b) Does not qualify for the excise tax exemption, under WAC 308-57-505(2), he/she benefits from the unexpired registration, and will not pay any portion of the previously exempted tax.
[Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. 86-10-040 (Order TL/RG 24), § 308-96A-050, filed 5/5/86; Order MV-355, § 308-96A-050, filed 5/10/76; Order MV-328, § 308-96A-050, filed 7/24/75.]
((Any Washington resident who served in the United States armed
forces and is a survivor of the attack on Pearl Harbor may
receive a set of special license plates pursuant to RCW 46.16.305.
(1) Applications for the special license plates shall include:
(a) A certification of eligibility from a Washington state chapter of the Pearl Harbor Survivors Association; and
(b) An armed forces document showing date of induction and date of honorable discharge from the United States Armed Forces.
(2) If the applicant is the surviving spouse of a deceased Pearl Harbor survivor, in addition to the documentation furnished in subsection (1) of this section, the applicant shall include:
(a) A certified copy of the Pearl Harbor survivor's death certificate; and
(b) An affidavit that the applicant is not currently married.
(3) An applicant must be a registered owner, co-owner or lessee, or co-lessee of the vehicle on which the special license plates will be used.)) (1) Who may receive Pearl Harbor survivor license plates? Pearl Harbor survivor license plates may be issued to qualified applicants as authorized in RCW 46.16.305(4).
(2) What documentation does a Pearl Harbor survivor need to submit to obtain Pearl Harbor survivor license plates? In addition to the Pearl Harbor survivor association certification required by RCW 46.16.305 (4)(e), Pearl Harbor survivors applying for these license plates shall submit:
(a) Application for Pearl Harbor survivor license plate; and
(b) An armed forces document showing date of induction and date of honorable discharge from the United States Armed Force; and
(c) Proof of being a resident of this state.
(3) What documentation does a spouse of a deceased Pearl Harbor survivor need to submit to obtain Pearl Harbor survivor license plates?
(a) If the deceased Pearl Harbor survivor was the recipient of Pearl Harbor survivor license plates, the surviving spouse shall submit:
(i) Application for Pearl Harbor survivor license plates;
(ii) A copy of the Pearl Harbor survivor's death certificate; and
(iii) An affidavit that the applicant is not currently married.
(b) If the deceased Pearl Harbor survivor was not the recipient of Pearl Harbor survivor license plates, the surviving spouse shall submit, in addition to the Pearl Harbor survivor association certification required by RCW 46.16.305 (4)(e):
(i) Application for Pearl Harbor survivor license plates;
(ii) A copy of the Pearl Harbor survivor's death certificate;
(iii) An affidavit that the applicant is not currently married; and
(iv) A copy of the decedent's armed forces document showing date of induction and date of honorable discharge from the United States Armed Forces.
(4) How does the spouse of a deceased Pearl Harbor survivor License plate recipient qualify to retain the Pearl Harbor survivor license plates? To retain the Pearl Harbor survivor license plates issued to the qualifying person, the surviving spouse must:
(a) Be the legally recognized spouse of the qualifying person at the time of the death of the qualifying person and submit:
(i) A copy of the Pearl Harbor survivor recipient's death certificate; and
(ii) An affidavit that the applicant is not currently married;
(b) Be a resident of the state of Washington;
(c) Be an owner, co-owner, lessee, or co-lessee of the vehicle on which the Pearl Harbor survivor special license plate is or will be used; and
(d) Not remarry. If the surviving spouse remarries, the Pearl Harbor survivor special license plate is invalid and must be removed from the vehicle.
[Statutory Authority: RCW 46.01.110. 97-07-013, § 308-96A-056, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110 and 46.12.070. 91-04-025, § 308-96A-056, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.100, 46.16.276 and 1987 c 44. 88-01-010 (Order TL/RG 39), § 308-96A-056, filed 12/7/87.]
((Any
military person that has been awarded a Purple Heart medal by any
branch of the United States Armed Forces, including the Merchant
Marines and the Women's Air Forces Service Pilots may be issued a
set of special vehicle license plates indicating the recipient
was wounded during one of this nations' wars or conflicts
identified in RCW 41.04.005(2).
(1) Applicants for a special Purple Heart vehicle license plate shall satisfy the following conditions:
(a) Be a resident of the state of Washington;
(b) Have been wounded in combat;
(c) Been awarded a Purple Heart medal by any branch of the United States Armed Forces; and
(d) Be an owner, co-owner, lessee, or co-lessee of the vehicle on which the Purple Heart special license plate will be used.
(2) Applications for the special license plates shall include the following supplemental documents:
(a) A photocopy of the applicant's form DD-214 or similar document issued by a branch of the United States Armed Forces which awarded the Purple Heart medal to the applicant and the date of award; and
(b) A replacement license plate fee then in effect. Veterans who qualify for free vehicle licensing may be issued the Purple Heart special license plate without paying the replacement plate fee.
(3) Purple Heart special license plates may be issued for display on any two plated motor vehicle. The plates may not be issued for motorcycles or nonmotor vehicles including campers and travel trailers.
(4) Purple Heart special license plates issued to any qualifying person may be retained by the surviving spouse of the demised qualifying person. The surviving spouse shall be afforded all rights and privileges of the qualified person so long as the surviving spouse:
(a) Was the legally recognized spouse of the qualifying person at the time of the demise of the qualifying person;
(b) Is a resident of the state of Washington;
(c) Is an owner, co-owner, lessee, or co-lessee of the vehicle on which the Purple Heart special license plate is or will be used; and
(d) Doesn't remarry. If the surviving spouse remarries, the Purple Heart special license plate is invalid and must be removed from the vehicle.)) (1) Under what authority does the department issue Purple Heart license plates? The department issues a series of special license plates, called Purple Heart license plates, under the authority of RCW 46.16.305. Washington state law allowed the department to issue special license plate series denoting the age or type of vehicle or denoting special activities or interest, status, or contribution or sacrifice for the United States, the state of Washington, or citizens of the state of Washington, of a registered owner of that vehicle. The Washington legislature amended the law in 1990 allowing the department to continue issuing special license plates authorized under the law as it was before it was amended.
(2) Who may receive Purple Heart license plates? Any Washington resident who:
(a) Has been awarded a Purple Heart medal by any branch of the United States Armed Forces, including the Merchant Marines and the Women's Air Forces Service Pilots;
(b) Was wounded during one of this nation's wars or conflicts identified in RCW 41.04.005; and
(c) Is an owner, co-owner, lessee, or co-lessee of the vehicle on which the Purple Heart special license plate is or will be used.
(3) What documentation does a Purple Heart recipient need to submit to obtain Purple Heart license plates? Purple Heart recipients applying for these license plates shall submit:
(a) Application for Purple Heart license plates; and
(b) An armed forces document showing the recipient was awarded the Purple Heart medal.
(4) How does the spouse of a deceased Purple Heart recipient qualify to retain the Purple Heart license plates? To retain the Purple Heart license plates issued to the qualifying person, the surviving spouse must:
(a) Be the legally recognized spouse of the qualifying person at the time of the death of the qualifying person and submit:
(i) A copy of the Purple Heart recipient's death certificate; and
(ii) An affidavit that the applicant is not currently married;
(b) Be a resident of the state of Washington;
(c) Be an owner, co-owner, lessee, or co-lessee of the vehicle on which the Purple Heart special license plate is or will be used; and
(d) Not remarry. If the surviving spouse remarries, the Purple Heart special license plate is invalid and must be removed from the vehicle.
[Statutory Authority: RCW 46.01.110. 97-07-013, § 308-96A-057, filed 3/11/97, effective 4/11/97; 93-14-083, § 308-96A-057, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.01.110 and 46.16.335. 91-15-006, § 308-96A-057, filed 7/8/91, effective 8/8/91.]
((Displaying a license plate
emblem on a vehicle license plate in such a manner so as to
obscure the license plate identification numbers/letters, the
month or year tab, the Washington inscription or in any location
in violation of WAC 308-96A-520 or chapter 46.16 RCW shall be
issued a notice of traffic infraction under chapter 46.63 RCW.))
(1) What veteran remembrance license plate emblems are available?
The following veteran remembrance license plate emblems are
available:
(a) Veteran remembrance vehicle license plate emblem with the words "U.S. VETERAN" (referred to as veteran emblem);
(b) The United States flag waving on a staff without wording (referred to as the flag emblem); and
(c) Campaign medal emblem authorized in RCW 46.16.319(3).
(2) Who may purchase veteran remembrance emblems? Only registered owners authorized in RCW 46.16.319 (2) and (3) may purchase veteran remembrance license plate emblems.
(3) When I purchase veteran remembrance license plate emblems what will I receive? In addition to a receipt, you will receive an emblem package including:
(a) One US veteran emblem;
(b) One US flag emblem; and
(c) One campaign ribbon emblem; or
(d) Two campaign ribbon emblems; or
(e) Two US flag emblems.
(4) How much will I be charged for the veteran remembrance license plate emblem package? In addition to fees authorized in RCW 46.01.140 (5)(b), a fee of ten dollars is collected for each package.
(5) How shall I affix my veteran remembrance license plate emblems? In addition to the requirements and limitations in RCW 46.16.327:
(a) The VETERAN emblem shall be displayed between the bottom license plate bolt holes;
(b) The FLAG emblem shall be displayed to the left of the bottom left license plate bolt hole. When two FLAG emblems are displayed, one is displayed on the outside of each bottom license plate bolt hole. No more than two FLAG emblems may be affixed to any one license plate;
(c) The CAMPAIGN emblem shall be displayed to the right of the bottom right license plate bolt hole. When two CAMPAIGN emblems are displayed, one is displayed on the outside of each bottom license plate bolt hole. No more than two CAMPAIGN emblems may be affixed to any one license plate;
(6) Do the veteran remembrance emblems on my front license plate have to match the emblems on the rear license plate? No, emblems displayed on the front license plate do not need to match emblems displayed on the rear license plate.
(7) May I transfer my veteran remembrance license plate emblems to different vehicles? Veteran remembrance license plate emblems may be transferred to another vehicle only if they have been affixed to a specialized license plate which may be transferred to other vehicles. Otherwise, the veteran remembrance license plate emblems are transferred to the new owner of the vehicle upon transfer of ownership.
(8) May I obtain a replacement veteran remembrance license plate emblem package? You may obtain replacement veteran remembrance emblems:
(a) For the fee in subsection (4) of this section; or
(b) For no fee if the original set of emblems purchased has become faded and nonrecognizable.
(9) How may any vehicle license plate emblem other than veteran remembrance license plate emblems be displayed on a Washington vehicle license plate? Any vehicle license plate emblem other than veteran remembrance license plate emblems shall be displayed on vehicle license plates only at the bottom of the plate beneath the identification numbers/letters.
[Statutory Authority: RCW 46.01.110. 91-03-091, § 308-96A-530, filed 1/18/91, effective 2/18/91.]
The following sections of the Washington Administrative Code are repealed:
| WAC 308-96A-505 | Veteran license plate emblems--Available. |
| WAC 308-96A-510 | Veteran license plate emblems--Fees. |
| WAC 308-96A-520 | License plate emblems--How affixed. |
| WAC 308-96A-540 | License plate emblems--Follow vehicle on transfer. |
OTS-3500.1
NEW SECTION
WAC 308-57-505
Members of the armed forces--Excise tax
exemption for nonresidents.
(1) Are vehicles owned by nonresident military personnel exempt Washington excise tax? Nonresident military personnel are exempt Washington excise tax under the authority of SSR 61-40 Soldiers' and Sailors' Civil Relief Act of 1940.
(2) How do nonresident military personnel claim the Washington excise tax exemption on each vehicle they own? Nonresident military personnel who wish to claim a Washington excise tax exemption shall, for each vehicle:
(a) Certify their home of record is a state or country other than Washington; and
(b) Be named as registered owner or coregistered owner of the vehicle for which the exemption is sought; and
(c) Complete and sign the affidavit for nonresident military exemption of excise tax; and
(d) Apply for registration and excise tax exemption at a Washington vehicle licensing office.
(3) What documentation is required to maintain the nonresident military Washington excise tax exemption when the vehicle license is due for renewal? To renew the vehicle license and maintain the excise tax exemption nonresident military personnel must:
(a) Still be on active duty; and
(b) Show a military identification card, DD Form 2 (Active), indicating active military duty status; or
(c) Complete and submit an affidavit of nonresident military exemption of excise tax in lieu of the military identification card indicating active military duty status.
(4) Does the nonresident military Washington excise tax exemption apply when nonresident military personnel is stationed outside of Washington, but his or her spouse resides in Washington? The spouse of a nonresident military person who is stationed away from his or her home state has the same excise tax exemption as a nonresident military person stationed in Washington as long as the vehicle is registered to the nonresident military person, or to the nonresident military person and spouse, regardless of the spouse's employment or residence.
(5) What documentation does the spouse of a nonresident military person present at the time of renewal to maintain the Washington excise tax exemption? The spouse must live in Washington and either:
(a) Submit the affidavit for nonresident military exemption of excise tax signed by the military member and certified/notarized as authorized in WAC 308-57A-275; or
(b) Show a valid dependent identification card, DD Form 1173.
(6) When do nonresident military personnel no longer qualify for the Washington excise tax exemption? A nonresident military person no longer qualifies for the excise tax exemption when they have met the requirements for a resident in RCW 46.16.028:
(a) Registered to vote in Washington;
(b) Obtained Washington hunting or fishing licenses at resident rates;
(c) Paid resident tuition fees at state colleges or universities; or
(d) Under any of the Washington public assistance programs.
(7) Are nonresident military personnel who leave active duty and remain in Washington subject to payment of excise tax for the remainder of the registration year? Former nonresident military personnel are not subject to payment of excise tax until registration is purchased for the following registration period.
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