PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-18-129.
Title of Rule: Chapter 308-56A WAC, Branding and special built vehicles.
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: Amending WAC 308-56A-450 Glider kits and 308-56A-455 Assembled and homemade vehicles; and repealing WAC 308-56A-465 Fleets and 308-56A-470 Issuance of certificates -- Contents.
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, 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, 902-4045.
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 January 5, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by January 4, 2000, 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 January 4, 2000.
Date of Intended Adoption: January 15, 2000.
November 16, 1999
D. McCurley, Administrator
Title and Registration Services
OTS-3594.1
AMENDATORY SECTION(Amending WSR 92-15-024, filed 7/6/92,
effective 8/6/92)
WAC 308-56A-450
Glider kits.
(1) What is a glider kit? A
glider kit ((is)) consists of a new cab ((and)), chassis, front
axle, fenders and air-hose equipment designed for assembly with
an existing truck or truck-tractor's rear axle(s), ((wheels)) and
power train.
(2) How are glider kits described on a certificate of
ownership? The following ((procedures will be followed in filing
an application for title)) identifiers will be shown on the
certificate of ownership:
(a) The model year of the vehicle ((will be the year)) as
designated by the kit manufacturer or the Washington state
patrol;
(b) The make of the vehicle will be the make of the kit;
(c) The series and body type will include the initials GL;
(d) The identification number of the vehicle ((will be)) as
determined by an authorized vehicle identification inspector.
(3) What documents shall be submitted with an application
for certification of ownership for glider kits? The application
for ((title must)) certificate of ownership shall be accompanied
by the following documents:
(a) The previously issued certificate((s of title)) of
ownership, bill(s) of sale or manufacturer's certificate of
origin (MCO);
(b) The previously issued gross weight license when applying for credit against the registration fee, if applicable;
(c) A certificate of inspection by an authorized member of
the Washington state patrol or other personnel authorized by the
director verifying the vehicle identification number and of
component parts not included in the glider kit ((manufacturer's
statement of origin (MSO))) MCO;
(d) A certified weight slip showing the new scale weight of the vehicle;
(e) An ((MSO)) MCO or bill of sale of the kit;
(f) A declaration of value form provided by the department.
[Statutory Authority: RCW 46.01.110. 92-15-024, § 308-56A-450, filed 7/6/92, effective 8/6/92; Order MV 208, § 308-56A-450, filed 7/31/74.]
(((1)
Assembled and homemade vehicles are vehicles that have either (a)
been put together by using major component parts from two or more
commercially manufactured vehicles (major component parts often
carry separate identification numbers); (b) have been
structurally modified so that it does not have the same
appearance as a similar vehicle from the same manufacturer; or
(c) have been put together from parts and materials not obtained
from other vehicles. An assembled vehicle can be one that has
been sold by a wrecker who listed the vehicle on his wrecker's
report pursuant to chapter 308-61 WAC. The difference between an
assembled and a homemade vehicle is that an assembled vehicle
will be recognizable as one produced by a particular
manufacturer. A homemade vehicle will be a vehicle that cannot,
visually, be identified as one produced by a particular
manufacturer. The model year of a homemade vehicle will be the
original year of licensing and the make will be homemade.
(2) The following procedures must be followed in applying for a certificate of title:
(a) If the assembly or repair of the vehicle will involve the removal, destruction, or concealment of any identification number, the parts shall be inspected by an authorized member of the Washington state patrol prior to the removal, destruction, or concealment of the number.
(b) The vehicle identification number will be determined and/or assigned by an authorized member of the Washington state patrol, or other personnel authorized by the director.
(c) The application for certificate of title must be accompanied by the following documents:
(i) The certificate of title for each vehicle used in the assembly of the vehicle or bills of sale for each major component part used in the assembly of the vehicle. The bills of sale must be notarized unless the vendor has a regular place of business and is registered with the department of revenue as an agent for use tax purposes. Such bill of sale shall include the names and addresses of the seller and purchaser; a description of the vehicle or part being sold, including the make, model and identification or serial number; the date of sale; and the purchase price of the vehicle or part.
(ii) A statement from the authorized inspector verifying the vehicle identification number.
(iii) A declaration of value form provided by the department.)) (1) What constitutes an assembled vehicle? An assembled vehicle is a vehicle that has been put together by using core or major component parts from two or more commercially manufactured vehicles. Further, core or major component parts often carry separate identification numbers. For the purposes of this section core or major component parts include replacement of those listed in RCW 46.80.010(3). Assembled vehicles are not glider kits, custom built, replica, or kit vehicles.
(2) What constitutes a homemade vehicle? A homemade vehicle is a vehicle that has been structurally modified so that it does not have the same appearance as a similar vehicle from the same manufacturer or has been put together from parts and materials other than core or major component parts.
(3) What is the difference between an assembled vehicle and a homemade vehicle? The difference between an assembled and a homemade vehicle is that an assembled vehicle will be recognizable as one produced by a particular manufacturer. A homemade vehicle will be a vehicle that cannot visually be identified as one produced by a particular manufacturer. The model year of a homemade vehicle will be the original year of licensing and the make will be homemade.
(4) How do I apply for a certificate of ownership for my assembled vehicle? The application for certificate of ownership must be accompanied by the following documents:
(a) The certificate of ownership for each vehicle used in the assembly of the vehicle or bills of sale for each major component part used in the assembly of the vehicle. The bills of sale must be notarized unless the vendor has a regular place of business and is registered with the department of revenue as an agent for use tax purposes. The bill(s) of sale shall include:
(i) The names and addresses of the seller and purchaser;
(ii) A description of the vehicle or part being sold, including the make, model and identification or serial number;
(iii) The date of sale;
(iv) The purchase price of the vehicle or part; and
(v) The stock number if from a Washington licensed wrecker.
(b) A statement of fact from an authorized member of the Washington state patrol or other personnel authorized by the director verifying the vehicle identification number, make, model, year and roadworthiness.
(c) A declaration of value form provided by the department.
(5) What happens if I must remove, destroy or conceal a vehicle identification number during assembly of my vehicle? Prior to the assembly of a vehicle that will involve the removal, destruction, or concealment of any vehicle identification number, the parts shall be inspected by an authorized member of the Washington state patrol or other personnel authorized by the director who will issue a statement of fact. After assembly and a vehicle identification number has been removed, destroyed or concealed, a new vehicle identification number will be determined and assigned by an authorized member of the Washington state patrol, or other personnel authorized by the director and a new statement of fact will be issued.
(6) How do I apply for a certificate of ownership for my homemade vehicle? The application for certificate of ownership must be accompanied by the following documents:
(a) Bills of sale for each major component part used in the assembly of the vehicle. The bills of sale must be notarized unless the vendor has a regular place of business and is registered with the department of revenue as an agent for use tax purposes and shall include:
(i) The names and addresses of the seller and purchaser;
(ii) A description of the vehicle or part being sold, including the make, model and identification or serial number;
(iii) The date of sale; and
(iv) The purchase price of the vehicle or part.
(b) A statement from an authorized member of the Washington state patrol or other personnel authorized by the director verifying the vehicle identification number, make, model, year and roadworthiness.
(c) A declaration of value form provided by the department.
[Statutory Authority: RCW 46.01.110. 92-15-024, § 308-56A-455, filed 7/6/92, effective 8/6/92; Order MV 208, § 308-56A-455, filed 7/31/74.]
The following sections of the Washington Administrative Code are repealed:
| WAC 308-56A-465 | Fleets. |
| WAC 308-56A-470 | Issuance of certificates--Contents. |