WSR 01-03-017

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed January 5, 2001, 2:18 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-07-105.

Title of Rule: Chapter 308-93 WAC, Vessel registration and certificates of title.

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 88.02.100 and 88.02.070.

Summary: Amending WAC 308-93-060, 308-93-069, 308-93-070, 308-93-071, 308-93-078, 308-93-285, 308-93-350, 308-93-360 and 308-93-640; and repealing WAC 308-93-073.

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

Name of Agency Personnel Responsible for Drafting: Katherine Iyall Vasquez, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, (360) 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 February 28, 2001, at 10:30 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by February 27, 2001, TTY (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Katherine Iyall Vasquez, Rules Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by February 27, 2001.

Date of Intended Adoption: March 27, 2001.

January 5, 2001

Deborah McCurley, Administrator

Title and Registration Services

OTS-4583.1


AMENDATORY SECTION(Amending WSR 98-16-030, filed 7/29/98, effective 8/29/98)

WAC 308-93-060   Registration period.   (1) What is the length of a vessel registration period? The vessel registration period is July 1 of the current year through June 30 of the following year for purposes of chapter 88.02 RCW.

Any vessels registered for the first time in Washington will be assessed the registration fee for the registration period in which the vessel is registered. In addition, excise tax in the amount prescribed in chapter 82.49 RCW will be assessed through the current registration period.

(2) How will my excise tax be calculated if I purchase or transfer a vessel in a month other than July? When registering a vessel in Washington for the first time and assigning a registration period of ((eleven)) less than twelve months ((or less)) or transferring ownership of a vessel for which the registration has expired, the annual excise tax shall be reduced by one-twelfth for each full month of the registration period ((they)) you did not own or possess the vessel. The registration fee ((shall)) will not be ((abated)) reduced. Excise tax on renewals will be assessed twelve months of excise tax.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 98-16-030, 308-93-060, filed 7/29/98, effective 8/29/98; 92-24-035, 308-93-060, filed 11/25/92, effective 12/26/92. Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), 308-93-060, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-19-026 (Order TL-RG 8), 308-93-060, filed 9/13/84. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-060, filed 11/18/83.]


AMENDATORY SECTION(Amending WSR 98-16-030, filed 7/29/98, effective 8/29/98)

WAC 308-93-069   Application for certificate of ownership((/registration)) -- Accompanied by.   ((Vessel owners shall submit with their application for certificate of ownership or registration all proper fees and excise tax and the following documentation when appropriate:

(1) Excise exemption affidavit; and/or

(2) A copy of the bill of sale or sales agreement; and/or

(3) Declaration of value form; and/or

(4) Previous ownership document properly released; and/or

(5) Proof of sales tax paid; and/or

(6) Manufacturer's statement of origin, factory invoice, or carpenter certificate; and/or

(7) Release of interest form; and/or

(8) Other verification of ownership approved by the department to include:

(a) A judgment from a district or superior court of any county of this state awarding ownership; or

(b) Document from an involuntary divestiture sale or auction; and/or

(9) Copy of certificate of documentation of vessel issued by the United States Coast Guard.

(10) Upon application for a vessel certificate of ownership an authorized agent or employee shall verify the application and supporting documents to ensure accuracy. If all requirements are not met, an authorized agent or employee shall refuse to accept the application.

(11) When the application has been received, the department may recheck the application. If there is an error which precludes issuance of the certificate of ownership the department shall delay issuance of certificate of ownership until proper documentation has been received.)) (1) What documentation must accompany my application for certificate of ownership for my vessel? Vessel owners must submit with their application for certificate of ownership all proper fees and excise tax and the following documentation when appropriate:

(a) New vessels:

(i) Application for certificate of ownership to a vessel never before licensed or titled shall be accompanied by a manufacturer's statement of origin, carpenter's certificate, or a copy of the factory invoice.

(ii) The manufacturer's statement of origin, carpenter's certificate, or factory invoice must reflect the model year, make, length and hull identification number of the vessel.

(iii) The department shall not accept any manufacturer's statement of origin, carpenter's certificate, or factory invoice for the issuance of a certificate of ownership unless all persons named on the manufacturer's statement of origin, including dealers, have released or assigned their interest thereon, or on a release of interest form approved by the department.

(iv) Dealer-to-dealer transfers may be accomplished either by appropriate endorsement of the manufacturer's statement of origin, carpenter's certificate, or factory invoice, or release of interest form approved by the department. A complete chain of ownership shall be reflected from the original dealer named on the manufacturer's statement of origin to the retail selling dealer making the application.

(v) A copy of the factory invoice may be used in lieu of the manufacturer's statement of origin or carpenter's certificate only when such documents are not available and obtaining a replacement from the manufacturer would cause an undue amount of delay in titling the vessel. A certificate of fact describing why the statement of origin or carpenter's certificate is not available shall be accompanied by the photocopy of the factory invoice and any necessary releases of interest on a form approved by the department.

(b) Vessels with existing certificate of ownership from a foreign titling jurisdiction:

(i) Excise exemption affidavit; and/or

(ii) A copy of the bill of sale or sales agreement; and/or

(iii) Declaration of value form; and/or

(iv) Previous ownership document properly released; and/or

(v) Proof of sales tax paid; and/or

(vi) Release of interest; and/or

(vii) Other verification of ownership approved by the department to include:

(A) A judgment from a district or superior court of any county of this state awarding ownership; or

(B) Document from an involuntary divestiture sale or auction; and/or

(C) Copy of certificate of documentation of vessel issued by the United States Coast Guard.

(c) Vessels without existing certificate of ownership or from a nontitling jurisdiction:

(i) Excise exemption affidavit; and/or

(ii) A copy of the bill of sale or sales agreement; and/or

(iii) Declaration of value form; and/or

(iv) Previous ownership document properly released; and/or

(v) The registration, if it is from a nontitle state; and/or (vi) Proof of sales tax paid; and/or

(vii) Manufacturer's statement of origin, factory invoice, or carpenter's certificate; and/or

(viii) An affidavit in lieu of title; and/or

(ix) Release of interest; and/or

(x) Other verification of ownership approved by the department to include:

(A) A judgment from a district or superior court of any county of this state awarding ownership; or

(B) Document from an involuntary divestiture sale or auction; and/or

(C) Copy of certificate of documentation of vessel issued by the United States Coast Guard; and/or

(D) An affidavit certifying when and where the vessel was acquired or brought into the state.

(2) Will the department accept an application if any information is found to be inaccurate? Upon application for a vessel certificate of ownership an authorized agent or employee must verify the application and supporting documents to ensure accuracy. If all requirements are not met, an authorized agent or employee shall refuse to accept the application.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 98-16-030, 308-93-069, filed 7/29/98, effective 8/29/98.]


AMENDATORY SECTION(Amending WSR 98-16-030, filed 7/29/98, effective 8/29/98)

WAC 308-93-070   Application for certificate of ownership/registration(( -- Contents)).   (1) ((When Washington becomes the new state of principal use, Washington shall recognize the validity of a vessel number issued by any other issuing authority for a period of sixty days before requiring numbering in this state.

(2) Vessel owners applying for certificate of ownership or registration of a vessel shall submit an application, which includes:

(a) Expiration date of the certificate of registration;

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

(c) The department assigned customer account number for each owner of the vessel including secured parties if available;

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

(e) The mailing address of the first secured party;

(f) The Washington registration number if assigned;

(g) Make and model year;

(h) Length of vessel;

(i) Type of power (gasoline, diesel, etc.);

(j) Primary use (commercial, pleasure, etc.);

(k) Primary method of propulsion (inboard, sail, etc.);

(l) Type of vessel (runabout, cabin, etc.);

(m) Primary vessel construction (fiberglass, wood, etc.);

(n) County of moorage;

(o) Hull identification number, if one has been assigned;

(p) Latest purchase price and purchase year or, if the vessel was not acquired by purchase, a declaration of value and year of declaration. For the purposes of this section, purchase price or declared value includes the vessel, vessel motor, or engine, and all other equipment and accessories, excluding a boat trailer, purchased or acquired in a single transaction;

(q) United States Coast Guard document number, if applicable.

(3))) (1) When am I required to register my vessel in Washington? Current foreign registration will be recognized for a period of sixty days. On or before the sixty-first day, if Washington is to be the principal state of use, you must apply for a Washington state certificate of ownership and/or registration.

(2) What information must be supplied on an application to obtain a Washington vessel certificate of ownership and/or registration? Vessel owners applying for certificate of ownership and/or registration of a vessel must submit an application, which includes:

(a) Expiration date of the certificate of registration;

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

(c) The department-assigned customer account number for each owner of the vessel including secured parties if available;

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

(e) The mailing address of the first secured party;

(f) The Washington registration number as assigned;

(g) Make and model year;

(h) Length of vessel;

(i) Type of power (gasoline, diesel, etc.);

(j) Primary use (commercial, pleasure, etc.);

(k) Primary method of propulsion (inboard, sail, etc.);

(l) Type of vessel (runabout, cabin, etc.);

(m) Primary vessel construction (fiberglass, wood, etc.);

(n) County of moorage;

(o) Hull identification number, if one has been assigned;

(p) Latest purchase price and purchase year or, if the vessel was not acquired by purchase, a declaration of value and year of declaration.

For the purposes of this section, purchase price or declared value includes the vessel, vessel motor, or engine, and all other equipment and accessories, excluding a boat trailer, purchased or acquired in a single transaction;

(q) United States Coast Guard document number, if applicable.

(3) If my vessel is homemade, what information must be supplied on an application for Washington certificate of ownership? In addition to the information listed above in subsection (2) of this section, upon original application for certificate of ownership((/)) and/or registration of a homemade vessel, the owner shall complete and sign a declaration of value form. The owner's signature shall be notarized/certified in accordance with WAC 308-93-470.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 98-16-030, 308-93-070, filed 7/29/98, effective 8/29/98. 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, 308-93-070, filed 1/25/96, effective 2/25/96; 95-13-058, 308-93-070, filed 6/19/95, effective 7/20/95. Statutory Authority: RCW 88.02.070 and [88.02].100. 93-14-082, 308-93-070, filed 6/30/93, effective 7/31/93; 92-24-035, 308-93-070, filed 11/25/92, effective 12/26/92. Statutory Authority: RCW 88.02.100 and 1991 c 339 30 and 31. 92-03-075, 308-93-070, filed 1/14/92, effective 2/14/92. Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), 308-93-070, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-13-086 (Order TL-RG-2), 308-93-070, filed 6/21/84. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-070, filed 11/18/83.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 98-16-030, filed 7/29/98, effective 8/29/98)

WAC 308-93-071   Class "A" and Class "B" certificate of ownership.   Is there more than one class of certificate of ownership for my vessel? From June 30, 1985, through June 30, 1990, there were two classes of vessel certificate of ownership: Class "A" and Class "B."

Effective July 1, 1990, the "A" and "B" classifications of vessel certificate of ownership were discontinued. All vessel certificate of ownership, regardless of any classification previously assigned are considered to be exclusive evidence of ownership unless a person can provide sufficient evidence the certificate of ownership was issued in error or is invalid for some other reason.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 98-16-030, 308-93-071, filed 7/29/98, effective 8/29/98; 92-24-035, 308-93-071, filed 11/25/92, effective 12/26/92. Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), 308-93-071, filed 11/19/85.]


AMENDATORY SECTION(Amending WSR 98-16-030, filed 7/29/98, effective 8/29/98)

WAC 308-93-078   Temporary use of an unregistered vessel.   ((A purchaser from a private party of)) May a vessel be operated on the waters of this state if it is not registered? An unregistered vessel may ((operate the vessel)) be operated on ((Washington)) the waters of this state for fifteen consecutive days from the date of purchase using the notarized bill of sale in lieu of a registration certificate. The notarized bill of sale shall be carried on the vessel and contain:

(1) The name and address of the purchaser;

(2) The model year, make, and hull identification number of the vessel;

(3) The date of sale; and

(4) The name, address and signature of the seller.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 98-16-030, 308-93-078, filed 7/29/98, effective 8/29/98. Statutory Authority: RCW 88.02.030, 88.02.070, 88.02.120, 88.02.130, 88.02.140, 88.02.150 and 88.02.100. 86-10-068 (Order TL/RG 25), 308-93-078, filed 5/7/86.]


AMENDATORY SECTION(Amending WSR 98-16-030, filed 7/29/98, effective 8/29/98)

WAC 308-93-285   Vessel length measurement.   (1) How is the length of my vessel calculated? The overall length of a vessel first provided by the owner on application for certificate of ownership ((shall)) must be rounded down to the nearest whole foot. Vessel measurement ((shall)) must be from the tip of the bow to the stern of the vessel down the centerline but not including boomkins, swim ladders, outboard engines, or other extremities.

(2) How do I change the recorded length of my vessel if incorrect? Changing the recorded vessel length, except when incorrectly entered by the department requires:

(a) Verification of remeasurement ((on official letterhead document including the vessel description and signed by a representative of)) from:

(i) A law enforcement agency; or

(ii) A port agency; or

(iii) The United States Coast Guard; or

(iv) Authorized representatives of the department.

(b) Documentation from the vessel manufacturer providing the correct length for that model vessel.

(c) Verification must be on agency letterhead and include the vessel description and signature of an authorized representative.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 98-16-030, 308-93-285, filed 7/29/98, effective 8/29/98; 92-24-035, 308-93-285, filed 11/25/92, effective 12/26/92.]


AMENDATORY SECTION(Amending WSR 98-16-030, filed 7/29/98, effective 8/29/98)

WAC 308-93-350   Erasures and alterations and incorrect information.   (1) Will the department accept an application for certificate of ownership if the certificate of ownership or supporting documents have been altered? The department may refuse to accept any certificate of ownership when ownership or vessel information has been altered. A replacement ownership document may be required.

(2) What does the department require when a certificate of ownership, an application for certificate of ownership or a supporting document has been altered?

(a) The department may require an affidavit explaining any erasure or alteration on the application, certificate of ownership, or any supporting documentation.

(((3))) (b) The department may require a notarized/certified release of interest when:

(((a))) (i) A signature or name that has been altered or erased appears on an application; or

(((b))) (ii) A security interest is named to be shown on the new certificate of ownership and the applicant claims there is no lien; or

(((c))) (iii) A security interest is shown incorrectly or is altered on the application for certificate of ownership. In lieu of a release of interest, Washington licensed vessel dealers may attach an affidavit explaining the error in the security interest.

(c) If an erasure has been made on a title, a notarized/certified affidavit must be attached. The affidavit must state why and by whom the erasure was made. The one whose name was erased must sign a notarized/certified release of interest.

(d) If a name is erroneously shown on the title as the purchaser, the purchaser must have either a notarized/certified release of interest from the erroneously named purchaser or a notarized/certified affidavit signed by the owner of record that the sale was not completed.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 98-16-030, 308-93-350, filed 7/29/98, effective 8/29/98; 84-13-086 (Order TL-RG-2), 308-93-350, filed 6/21/84. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-350, filed 11/18/83.]


AMENDATORY SECTION(Amending WSR 98-16-030, filed 7/29/98, effective 8/29/98)

WAC 308-93-360   Application for certificate of ownership required.   When is a certificate of ownership required? An application for certificate of ownership is required when:

(1) A person purchases a new vessel unless otherwise exempt from chapter 88.02 RCW.

(2) There is a change of ownership due to:

(a) Sale;

(b) Gift;

(c) Inheritance;

(d) Trade;

(e) Addition or deletion of an owner;

(f) Proprietorship or partnership forming a corporation, whether or not the business name is changing; or

(g) Proprietorship or partnership purchasing a corporation which will no longer be operated as a corporation, whether or not the business name is changed.

(3) There is a name change of:

(a) The owner;

(b) The secured party; or

(c) A business entity as shown on the current certificate of ownership.

(4) There is no change in the owner of the vessel but the certificate of ownership needs to be reissued because:

(a) A lien has been satisfied and the lien holder's name needs to be removed;

(b) A lien holder's name needs to be added. If a secondary lien holder is being added, the address of only the primary lien holder will be recorded;

(c) There is a change of lien holders;

(d) There has been a structural change in the vessel that changes the physical description of the vessel on the current certificate of ownership; or

(e) The vessel hull identification number has been altered, or removed, or needs to be corrected on the vessel or on the certificate of ownership.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 98-16-030, 308-93-360, filed 7/29/98, effective 8/29/98. Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), 308-93-360, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-13-086 (Order TL-RG-2), 308-93-360, filed 6/21/84. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-360, filed 11/18/83.]


AMENDATORY SECTION(Amending WSR 98-16-029, filed 7/29/98, effective 7/30/98)

WAC 308-93-640   Reciprocity.   (((1) A vessel owned by a resident of a foreign state which is already covered by a number in full force and effect issued to it pursuant to federal laws or a numbering system of such state shall be exempt from registration requirements for a period of sixty days in any twelve-month period but only)) Is my foreign registration valid in Washington? Current foreign registration will be recognized for a period of sixty days to the extent a similar reciprocity is granted for vessels registered in the state of Washington. However, on or before the sixty-first day of use in this state, the owner of a foreign vessel ((shall)) must obtain a two-month vessel identification document issued by the department, its agents or subagents in accordance with WAC 308-93-055 if the state of principal use is not changing to Washington and the vessel owner wishes to keep the vessel located on Washington waters.

(((2) When a vessel is removed to the state of Washington as a new state of principal use, Washington shall recognize the validity of a number awarded by any other issuing authority for a period of at least sixty days before requiring numbering in this state.))

[Statutory Authority: RCW 88.02.070 and 88.02.100. 98-16-029, 308-93-640, filed 7/29/98, effective 7/30/98; 84-19-026 (Order TL-RG 8), 308-93-640, filed 9/13/84. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-640, filed 11/18/83.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 308-93-073 New vessels.

Washington State Code Reviser's Office