Original Notice.

Preproposal statement of inquiry was filed as WSR 00-06-007.

Title of Rule: Chapter 308-63 WAC, Wreckers.

Purpose: To review the current rules to ensure necessity, effectiveness, efficiency, clarity, intent, coordination with other jurisdictions and agencies, cost benefits and fairness in accordance with Governor Gary Locke's Executive Order 97-02.

Statutory Authority for Adoption: RCW 46.80.140.

Summary: Review of current rules governing vehicle wreckers.

Reasons Supporting Proposal: Governor's Executive Order 97-02 for WAC review.

Name of Agency Personnel Responsible for Drafting: Cal Sanders, Highways-Licenses Building, Olympia, Washington 98507, (360) 902-3708; Implementation and Enforcement: Robert Smith, Highways-Licenses Building, Olympia, Washington 98507, (360) 902-3704.

Name of Proponent: , governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: To review current rules to ensure necessity, effectiveness, efficiency, clarity, intent, coordination with other jurisdictions and agencies, cost benefits and fairness in accordance with Governor Gary Locke's Executive Order 97-02.

Proposal Changes the Following Existing Rules: Several sections have been changed in light of the review for necessity, effectiveness, clarity, intent, coordination with other agencies, cost benefits and fairness.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal does not impose additional duties on the industry.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Department of Licensing, Conference Room 406, 4th Floor, 1125 S.E. Washington Street, Olympia, WA 98504, on May 24, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Gail Saul by May 15, 2000, TDD (360) 664-8885, or (360) 902-3709.

Submit Written Comments to: Gail Saul, Dealer Services, Dealer and Manufacturer Services, P.O. Box 9039, Olympia, WA 98507-9039, fax (360) 586-6703, by May 22, 2000.

Date of Intended Adoption: June 10, 2000.

April 12, 2000

G. F. McDougall

for Fred Stephens

Director

OTS-3960.1

AMENDATORY SECTION(Amending WSR 93-08-076, filed 4/6/93, effective 5/7/93)

WAC 308-63-020
Definitions.

May I acquire a vehicle or a vehicle part on a bill of sale? (1) Bill of sale for acquiring vehicles.      A 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.      Bills of sale are acceptable in lieu of title in the cases of:

(a) Vehicles from nontitle jurisdictions;

(b) When an insurance company or private owner has turned in the title to a vehicle previously destroyed as provided under WAC ((308-58-030)) 308-56A-460; or

(c) For vehicles of the type to which titles are not issued.

(2) In the case of vehicle parts a bill of sale from the seller describing the specific part and giving the full name, address and verification of the seller's identity, plus date of sale.      In addition, if a major component part is acquired the vehicle identification number from which it came must also be set forth on the bill of sale.      A copy of each bill of sale shall be maintained on acquired parts for a period of three years.

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140.      93-08-076, § 308-63-020, filed 4/6/93, effective 5/7/93.]

((Wrecker.)) What is a vehicle wrecker place of business? A wrecker's established place of business is a building or enclosure which the owner occupies either continuously or at regular intervals; and where ((his/her)) the business books and records are kept available for inspection during normal business hours and dismantling of vehicles is accomplished ((and which)). It must conform with local zoning regulations.

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140.      93-08-076, § 308-63-030, filed 4/6/93, effective 5/7/93.]

How must I apply for a vehicle wrecker license? An original or renewal application for a wrecker license shall be filed with the director on the form provided for this purpose.      The application must be endorsed by the chief of police ((if)) of any city ((is)) with a population over five thousand ((population)); otherwise, by a member of the Washington state patrol.      The endorsement certifies that the wrecker has an established place of business at the address shown on the application and that ((his/her)) the applicant's vehicle(s) are properly identified in accordance with WAC 308-63-070(6).

Each application shall specify the number of vehicles owned, leased, rented or otherwise operated by the applicant for towing or transportation of vehicles or hulks in the conduct of ((his/her)) the business ((by the applicant, or wrecker seeking renewal and)). Each endorsement shall identify ((such)) the vehicle((s)) by make, model, year or other adequate description, and identification number.

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140.      93-08-076, § 308-63-040, filed 4/6/93, effective 5/7/93.]

When does my vehicle wrecker license expire? (1) A motor vehicle wrecker's license shall expire twelve consecutive months from the date of issuance ((for purposes of staggered licensing)).

(2) Motor vehicle wrecker license plates shall expire on the same date as the expiration of the license.

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140.      93-08-076, § 308-63-050, filed 4/6/93, effective 5/7/93.]

How do I use the special vehicle wrecker license plates? All vehicles used for towing or transporting vehicles or hulks by a ((motor)) vehicle wrecker on the highways of this state in the conduct of ((his/her)) the business shall bear regular license plates and, in addition, special wrecker's plates.      Wrecker's plates may be obtained at a fee of six dollars which includes one dollar for reflectorization under RCW 46.16.237 for the first set, and three dollars including reflectorization for each additional set.

The wrecker may purchase sets of plates equal in number to the number of vehicles reported on ((his/her)) the application as owned, rented, leased and operated by ((him/her and used by him/her)) the applicant for towing or transporting of vehicles or hulks in the conduct of ((his/her)) the business.      Should the wrecker purchase, lease, or rent additional vehicles for towing or transporting of vehicles or hulks ((in his/her business during the course of the year, he/she)), the applicant shall so inform the department and may, at the department's discretion, obtain additional plates for such vehicles.

Each vehicle used for towing or transporting of vehicles or hulks shall display both wrecker plates ((assigned to it, provided that)) of the same number. However, when any vehicle being towed does not have valid license plates, the set of wrecker plates may be split, with one being displayed on the front of the towing vehicle and the other on the rear of the vehicle being towed.

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140.      93-08-076, § 308-63-060, filed 4/6/93, effective 5/7/93.]

((All)) Vehicle wreckers shall comply with all rules and regulations relative to the handling of vehicle parts or vehicles to be ((wrecked or)) dismantled.

(1) Enclosure.      The activities of a ((motor)) vehicle wrecker shall be conducted entirely within the established place of business.      A physical barrier shall designate the boundary of the wrecking yard ((except that,)). Where necessary to obscure public view of the premises, ((such premises)) it shall be enclosed by a sight-obscuring wall or fence at least eight feet high.

(a) Where required, such sight-obscuring wall or fence shall be painted or stained in a neutral shade to blend with the surrounding premises.      If the fence is made of chain link, it must have sufficient slats or other construction to obscure public view of the premises.

(b) A living hedge of equal height and sufficient density to prevent view of the premises may be substituted for the wall or fence.

(c) All enclosures and barriers shall be kept in good repair.

(d) Reasonable consideration shall be given to the topography of the land by enforcement personnel when inspecting premises for such fence, enclosure or barrier.

(e) Exceptions to this section must be granted in writing by the department.

(2) Additional places of business.      Each licensed wrecker may maintain one or more additional places of business within the same ((law enforcement jurisdiction, such as a city or)) county, under the same permit.      The wrecker may maintain as many storage yards or sales outlets as needed so long as each is registered with the department.      Each wrecking or storage yard shall comply with local zoning regulations and with such other requirements as the department may provide, particularly those in subsection (1) of this section.      Duplicate wrecker's licenses will be issued to be posted at each additional place of business.

(3) Change of address.      The department shall be notified immediately of any change of address of any business location or of the addition of any such location.

(4) Display of license certificate.      The license certificate of a licensed wrecker shall be displayed conspicuously at each business address(es) and shall be available for periodic inspection by law enforcement officers and authorized representatives of the department.

(5) ((Tow car fee.      The licensee of any fixed load vehicle equipped for lifting or towing any disabled, impounded, or abandoned vehicle or part thereof, may pay a twenty-five dollar fee in lieu of tonnage fees as provided in RCW 46.16.079.

(6))) Identification of licensee's vehicles.      All vehicles equipped for lifting or transporting vehicles or hulks which are operated on the highways of this state shall display the licensee's name, the city in which the licensee's established place of business is located, and the current business telephone number of ((such)) the licensee.      Such information shall be painted on or permanently affixed to both sides of the vehicle.      Each letter and numeral shall be made with at least a half-inch stroke for the width and shall be at least three inches high.      See example.

Place illustration here.

(((7))) (6) License plates from vehicles entered into the wrecking yard shall be removed within twenty-four hours((, except that)). Plates on vehicles in the segregated area may be left on until the vehicle is entered into the wrecking yard.      The wrecker shall destroy such plates prior to submitting the monthly report for the month the vehicle was entered into the wrecking yard.

(((8))) (7) Major component parts.      ((Under RCW 46.80.010(3) the term "engines, short blocks, transmissions and drive axles" shall not include cores or parts which are limited to value as scrap metal or for remanufacturing only.))      The term "seat" shall be interpreted to mean bucket seat.

(((9))) (8) Vehicles in custody and awaiting approved ownership documents, as provided under WAC 308-63-080, must be placed in a segregated storage area within the wrecking yard which must be designated by a physical barrier.      Vehicles may remain in this area after ownership documents have arrived and the vehicle has been properly entered into the wrecking yard inventory.      There will be no dismantling or parts removal in this area.      The physical barrier may be portable, made of substantial posts and connected by a chain, cable, barbed wire, or of other equally strong construction.

This area can be used for storage of dealer cars or equipment if the wrecker is both a wrecker and a dealer however, there will be no storage of vehicle parts.

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140.      93-08-076, § 308-63-070, filed 4/6/93, effective 5/7/93.]

With what ownership documents may I acquire vehicles or vehicle parts? Supporting acquisition.      The wrecker may acquire vehicles and vehicle parts if the seller can furnish ownership documents as follows:

(1) Certificate of title, including salvage certificates, properly endorsed in the case of vehicles from states issuing a title.

(2) Bills of sale pursuant to WAC 308-63-020(1) for vehicles from nontitle jurisdictions, for vehicles that have had their title surrendered to a state after having been declared a total loss, and for vehicles of the type to which titles are not issued.

(3) Affidavit of lost or stolen title if executed by the registered and legal owner of record.

(4) Insurance company bills of sale pursuant to WAC ((308-58-020)) 308-56A-460(2).

(5) Affidavit of sale of an abandoned vehicle pursuant to WAC 308-61-026(1).

(6) Affidavit of junk vehicle pursuant to RCW 46.55.230.

(7) A court order.

(8) A bill of sale for parts pursuant to WAC 308-63-020(2).

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140.      93-08-076, § 308-63-080, filed 4/6/93, effective 5/7/93.]

What records must I keep and how do I handle the monthly report? (1) Wrecker books and files.      The wrecker shall maintain books and files which shall contain the following:

(a) A record of each vehicle or part acquired giving:

(i) A description of the vehicle or part by make, model, year, and for major component parts, except core parts, the vehicle identification number and "yard number" assigned at the time the vehicle or major component part was placed in the wrecking yard;

(ii) The date purchased or acquired by the wrecker, and the name of the person, firm or corporation from which the vehicle or part((s were)) was obtained;

(iii) The certificate of title number if registered in a title state, or registration number if a nontitle state; or description of the document used in lieu of title, such as an affidavit((s)) of sale or a bill((s)) of sale for a vehicle or vehicle part((s)); and

(iv) The name of the state and license number in the state that a vehicle was last registered.

(b) A record of the disposition of the motor, body, and major component parts giving the name of the person purchasing the part(s), if any.      Sales to scrap processors shall be accompanied by an invoice or bill of sale, listing each vehicle by its yard number.      The wrecker shall retain a copy of such invoice or bill of sale for purposes of inspection for three years.

These records will be subject to inspection by authorized representatives of the department and law enforcement officials during regular business hours.      The foregoing information shall be entered in the wrecker's records within two business days of the event requiring the entry, such as receipt of a vehicle.

(2) Must furnish written reports.      By the tenth of the month following acquisition of vehicles entered into the wrecking yard inventory, each wrecker will submit a report on the form ((provided)) prescribed by the department documenting that those vehicles were entered into the wrecking yard inventory during the month.      Vehicles being held in the segregated storage area awaiting ownership documents, pursuant to WAC ((308-63-070(9))) 308-63-060(8), will not be reported.      The report shall be made in duplicate.      The original shall be sent to the department and the duplicate retained for the wrecker's files.      If no vehicles are acquired during the month, the monthly report must be sent in stating "none." The report shall give such information for vehicles only as the wrecker is required to keep by subsection (1)(a)(i), (ii), (iii), ((and)) (iv), and (b) of this section; it shall be accompanied by properly endorsed certificates of title or other adequate evidence of ownership and registration certificates: Provided, That records on acquisitions and sales of vehicle parts need not be included in reports submitted to the department but records shall be kept for three years from date of purchase and available for inspection.

(3) Identity of vehicles in yard.      All vehicles placed in the yard shall be identified by a yard number as assigned in the wrecking records with numerals marked so as to be clearly visible and legible.      If a part of a vehicle is sold which has the number on it, the vehicle shall be renumbered in another location on the vehicle.

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140.      93-08-076, § 308-63-090, filed 4/6/93, effective 5/7/93.]

What document must I use to sell a vehicle part? No wrecker may sell a motor vehicle part unless he/she gives the purchaser a bill of sale for such part.      Whenever the wrecker sells a motor, frame, or other major component part, ((he/she shall)) except for a core part, the bill of sale must describe the part fully, giving make, model, year, and vehicle identification number or yard number of the vehicle from which the part was taken.

No wrecker may sell vehicles or hulks to a scrap processor or to a hulk hauler for transportation to a scrap processor ((unless he/she gives)) without giving the scrap processor or the hulk hauler an invoice or bill of sale listing each vehicle or hulk by yard number((;)). The wrecker shall retain a copy of such invoices for inspection purposes.

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140.      93-08-076, § 308-63-100, filed 4/6/93, effective 5/7/93.]

Where do I store inoperable vehicles that I acquire for sale under my vehicle dealer license? (1) All vehicles acquired for sale under a vehicle dealer's license which are inoperable at the time of acquisition shall be kept inside the wrecking yard and shall be segregated from the remainder of the operation by a continuous physical barrier.

(2) "Inoperable" as used in this section shall mean a vehicle which does not comply with requirements for vehicles used on public streets with regard to brakes, lights, tires, safety glass and other safety equipment.      However, for purposes of this section, inoperable shall not include a requirement to be currently licensed.

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140.      93-08-076, § 308-63-110, filed 4/6/93, effective 5/7/93.]

When must I report a change? Any person, firm, association, corporation or trust licensed under chapter 46.80 RCW must, within ten days following any change in its business or ownership structure, file a statement describing with particularity the change in its business structure or the change in ownership interest.

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140.      93-08-076, § 308-63-120, filed 4/6/93, effective 5/7/93.]

If I terminate my business, must I surrender my wrecker license? A ((motor)) vehicle wrecker who terminates ((his/her)) business shall, within ten days of such termination return ((his/her)) the wrecker license and special license plates to the department for cancellation ((within ten business days of such termination, except as provided in RCW 46.70.081)).

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140.      93-08-076, § 308-63-130, filed 4/6/93, effective 5/7/93.]

What must I do if there is a change of ownership in my noncorporate license? Upon the sale, transfer or other disposition of ((fifty percent or more of the)) an ownership interest in a noncorporate licensee:

(1) A new bond or rider to the bond revealing the change in ownership shall be filed with the department.

(2) A new application for an appropriate license by the purchaser or transferee is required and the fee will be the same as for an original application.

(3) The former owner must ((turn into)) surrender to the department ((his/her)) the special license plates.      The new owners or transferees must purchase new plates in ((his/her)) their own name.

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140.      93-08-076, § 308-63-140, filed 4/6/93, effective 5/7/93.]

If my business is not a corporation, what do I do if I incorporate? A licensee which incorporates while licensed:

(1) Shall file an application for an appropriate license.

(2) Shall file a new bond with the department.

(3) ((If the transfer involves a change in the business structure only and does not involve the transfer of fifty percent or more of the ownership interest in the firm, the corporation may be considered temporarily licensed until the end of the licensing period or until the application is denied, and during such period:

(a) No additional fees will be required until renewal, at which time an original application for license and fee will be required.

(b) The same special license plates may be used until renewal.))      The firm may request the preincorporation license number upon ((renewal)) application.

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140.      93-08-076, § 308-63-160, filed 4/6/93, effective 5/7/93.]

     The following section of the Washington Administrative Code is repealed:

WAC 308-63-150

Partial sales transfer or disposition of noncorporate licensee.

© Washington State Code Reviser's Office