WSR 00-01-151

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed December 21, 1999, 9:20 a.m. ]

Date of Adoption: December 20, 1999.

Purpose: Meet criteria supporting Governor Locke's Executive Order 97-02.

Citation of Existing Rules Affected by this Order: Repealing WAC 308-96A-505, 308-96A-510, 308-96A-520, and 308-96A-540; and amending WAC 308-96A-046, 308-96A-050, 308-96A-056, 308-96A-057, and 308-96A-530.

Statutory Authority for Adoption: RCW 46.01.110.

Other Authority: RCW 46.16.276, 43.17.060.

Adopted under notice filed as WSR 99-21-051 on October 18, 1999.

Changes Other than Editing from Proposed to Adopted Version: Proposed WAC 308-57-505 Member of the armed forces -- Excise tax exemption for nonresidents.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 4.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 5, Repealed 4; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

December 20, 1999

Fred Stephens

Director

OTS-3499.2


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). 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.]


AMENDATORY SECTION(Amending Order TL/RG 24, filed 5/5/86)

WAC 308-96A-050
Nonresident members of the armed forces -- ((Excise tax exemption for nonresidents)) Plates displayed--Vehicle ownership change.

(((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:

(1) License plates issued from their official home of record (state of bona fide residence);

(2) License plates issued from a jurisdiction other than their official home of record until such time as that license registration is expired;

(3) Washington license plates; or

(4) 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.

[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.]


AMENDATORY SECTION(Amending WSR 97-07-013, filed 3/11/97, effective 4/11/97)

WAC 308-96A-056
Pearl Harbor survivor license plates.

((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.]


AMENDATORY SECTION(Amending WSR 97-07-013, filed 3/11/97, effective 4/11/97)

WAC 308-96A-057
Purple Heart license plates.

((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.]


AMENDATORY SECTION(Amending WSR 91-03-091, filed 1/18/91, effective 2/18/91)

WAC 308-96A-530
Veteran remembrance license plate emblems(( -- Traffic violation)).

((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.]


REPEALER

     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.

Washington State Code Reviser's Office