WSR 01-04-017

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed January 29, 2001, 8:34 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-07-108.

Title of Rule: Chapter 308-96A WAC, Vehicle licenses, WAC 308-96A-065, 308-96A-066, 308-96A-067, 308-96A-068, 308-96A-070, 308-96A-071, 308-96A-072, 308-96A-073, 308-96A-074, 308-96A-175, 308-96A-176, 308-96A-550, and 308-96A-560.

Purpose: 1. Identify who may apply for specialized plates and what is required to do so.

2. To meet the criteria set forth in Governor Locke's Executive Order 97-02.

Statutory Authority for Adoption: RCW 46.01.110, 46.16.335, 46.16.276.

Summary: WAC 308-96A-065 Personalized license plates (amend), 308-96A-066 Denial or cancellation of personalized license plates -- Clarification (repeal), 308-96A-067 Reissuance or reinstatement of personalized license plates -- Clarification (repeal), 308-96A-068 Issuance of personalized license plates -- Clarification (repeal), 308-96A-070 Amateur radio operator special license plates (amend), 308-96A-071 Military affiliate radio system special license plates (amend), 308-96A-072 Square dancer license plates (amend), 308-96A-073 Vehicles over forty years old -- Horseless carriage plates (amend), 308-96A-074 Vehicles over thirty years old -- Collector vehicle license plate (amend), 308-96A-175 Ride-sharing vehicles (amend), 308-96A-176 Transportation needs ride-sharing vehicles (amend), 308-96A-177 Replacement of license plates (new), 308-96A-550 Vehicle special collegiate license plates (amend), and 308-96A-560 Special vehicle license plates -- Criteria for continued issuance (amend).

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: Deborah McCurley, 1125 Washington Street S.E., Olympia, (360) 902-3754; and Enforcement: Eric Anderson, 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 WAC will provide a better understanding of what is needed to qualify and purchase special license plates.

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.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The content of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 107, 1125 Washington Street, Olympia, WA 98507, on March 14, 2001, at 10:30 a.m.

Assistance for Persons with Disabilities: Contact Katherine Vasquez by March 13, 2001, TTY (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Katherine I. Vasquez, Rules Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by March 13, 2001.

Date of Intended Adoption: April 30, 2001.

January 25, 2001

Deborah McCurley, Administrator

Title and Registration Services

OTS-4597.2


AMENDATORY SECTION(Amending WSR 98-09-024, filed 4/8/98, effective 5/9/98)

WAC 308-96A-065   ((Disposition of)) Personalized license plates.   (((1) If the owner(s) of a vehicle displaying personalized license plates sells the vehicle to a wrecker or accepts a total loss claim from his or her insurance company and chooses not to retain the salvage, the owner must either transfer the plates to another vehicle within thirty days or turn the plates in to the department with a notarized release of interest from the owner(s) relinquishing the right to that personalized license plate configuration.

(2) If the owner(s) of a vehicle with personalized license plates sells, trades or otherwise transfers ownership of the vehicle, he or she may transfer the plates to another vehicle within thirty days; or turn the plates in to the department with a notarized release of interest from the owner(s) relinquishing the right to that personalized license plate configuration; or transfer the plates to a new owner. If the plates are transferred to a new owner, the current owner must provide the new owner with a notarized/certified release of interest for the plates. The new owner must make application to the department within twenty-five days, including payment of the original personalized license plate fee.)) (1) What is a personalized license plate? Personalized license plates are plates reflecting the registered owner's chosen format or designation and are limited to those described in RCW 46.16.560, 46.16.570 and 46.16.580.

(2) Are there any restrictions on the use of letters and numbers on personalized license plates? Personalized license plates may be issued with one to seven characters. Motorcycles and motorcycle trailers can have up to six characters. The letters "I" and "O" and the numbers "1" (one) and "0" (zero) may not be issued as single-digit plates.

(3) When may the department deny an application for or cancel personalized plates?

(a) The department may deny an application for personalized license plates or cancel personalized license plates previously issued if it determines the plate configuration to be:

(i) Offensive to good taste and decency;

(ii) Potentially misleading;

(iii) Vulgar, profane or sexually suggestive in nature;

(iv) A racial, ethnic, lifestyle or gender slur;

(v) Related to alcohol or to illegal activities or substances;

(vi) Blasphemous;

(vii) Derogatory;

(viii) Slanderous;

(ix) A duplication of license plate or decal numbers provided in chapter 46.09, 46.10 or 46.16 RCW; or

(x) Contrary to the department's mission to promote highway safety.

(b) If the personalized license plates are canceled due to one or more reasons specified in subsection (3) of this section, the vehicle owner may:

(i) Apply for a refund for the fee paid under RCW 46.16.585 and 46.16.606 for such license plates; or

(ii) Instead of a refund, apply for and upon approval be issued personalized license plates with a different configuration without payment of additional personalized license plate fees.

(c) The department may cancel personalized license plates if they are:

(i) Not renewed by the owner within forty-five days of the vehicle expiration; or

(ii) Removed from a vehicle and not transferred to a replacement vehicle within thirty days; or

(iii) Transferred to a new owner who does not make proper application for the plates within twenty-five days.

(4) If my registration for personalized license plates has elapsed, how do I get them reinstated or reissued?

(a) If you are an owner of a personalized license plate and do not renew it within forty-five days, you must reapply and pay the original personalized license plate fee in order to reinstate the plate.

(b) If you purchase a vehicle with a personalized plate and do not transfer the ownership of the personalized plate within twenty-five days, you forfeit ownership of the plate. The department will make that personalized plate available to the first applicant for that plate configuration.

(c) If you are the owner of a personalized license plate who does not transfer the plate as described in subsection (4)(b) of this section, you must reapply and pay the original personalized license plate fee in order to reinstate the plate.

(5) Can I transfer my personalized license plate? Yes, if you are the owner(s) of a vehicle with personalized license plates and sell, trade or otherwise transfer ownership of the vehicle, you may transfer the plates to another vehicle within thirty days; (the personalized license plates may be transferred at any vehicle licensing office or through a vehicle dealer if the owner wishes to transfer a plate to a dealer-purchased vehicle) or transfer the plates to a new owner. If the plates are transferred to a new owner, the current owner must provide the new owner with a notarized/certified release of interest for the plates. The new owner must make application to the department within twenty-five days, including payment of the original personalized license plate fee.

(6) How do I dispose of my personalized vehicle license plates?

(a) You may turn the plates in to the department with a notarized release of interest from the owner(s) relinquishing the right to that personalized license plate configuration; or

(b) If your vehicle has personalized license plates and is sold to a wrecker or you accept a total loss claim from your insurance company and you choose not to retain the salvage, you must either transfer the plates to another vehicle within thirty days or turn the plates in to the department with a notarized release of interest from all registered owner(s) relinquishing the right to that personalized license plate.

(7) Will I ever have to replace my personalized vehicle license plate? Yes, the personalized license plates are subject to the seven-year vehicle license plate replacement schedule.

[Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, 308-96A-065, filed 4/8/98, effective 5/9/98; 91-15-006, 308-96A-065, filed 7/8/91, effective 8/8/91. Statutory Authority: RCW 46.16.276 and 46.16.600. 88-12-043 (Order TL/RG 41), 308-96A-065, filed 5/27/88. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-065, filed 5/28/87. Statutory Authority: RCW 46.01.110 and 46.16.600. 84-21-130 (Order TL/RG-9), 308-96A-065, filed 10/24/84; Order MV-328, 308-96A-065, filed 7/24/75.]


AMENDATORY SECTION(Amending WSR 98-09-024, filed 4/8/98, effective 5/9/98)

WAC 308-96A-070   Amateur radio operator special license plates.   (((1) Any person having a valid amateur radio operator's license may apply to the department for license plates bearing the official amateur radio call letters assigned by the Federal Communications Commission (F.C.C.). These plates are in lieu of regular issue license plates. The department may issue only one set of these plates at any one time carrying these call letters.

(2) The amateur radio operator shall attach a copy of his or her current F.C.C. license to the application for these plates. The operator must notify the department when the F.C.C. license is cancelled or expires and whether or not the operator has renewed the license. If the license has been renewed, the operator shall send a copy of the new F.C.C. license to the department. If the F.C.C. license has not been renewed the department may cancel the amateur radio operator license plates.

(3) The amateur radio operator license plates shall be displayed on a motor vehicle owned by the amateur radio operator unless the plates were issued and assigned to a vehicle prior to January 1, 1991.

(4) In addition to all other license fees required by law, each applicant for amateur radio operator license plates shall pay an additional license plate fee of five dollars for the plate and an additional five dollars any time the plates are transferred to another vehicle.

(5) The effective date of the plate cancellation is the date the F.C.C. license becomes invalid. Reinstatement of the plates requires the amateur radio operator to reapply for the plates, providing a copy of the valid F.C.C. license and paying the five-dollar fee for a new plate.)) (1) Who may apply for Amateur radio operator vehicle special license plate(s)? Any person having a valid amateur radio operator's license may apply to the department for license plates bearing the official amateur radio call letters assigned by the Federal Communications Commission (FCC). These plates are in lieu of regular issue license plates. The department will issue only one set of plates at any one time carrying these call letters.

(2) What documents are required to receive an amateur radio operator vehicle special license plate? In addition to all other license fees required by law, the amateur radio operator must attach a copy of the current FCC license to the application. The operator must notify the department when the FCC license is canceled or expires and whether or not the operator has renewed the license. If the license has been renewed, the operator must send a copy of the new FCC license to the department.

(3) How will the amateur radio operator license plates be displayed? The amateur radio operator license plates must be displayed on a motor vehicle owned by the amateur radio operator unless the plates were issued and assigned to a vehicle prior to January 1, 1991. Prior to the January 1, 1991, date, the amateur radio operator license plates are allowed to be installed on any motor vehicle qualified under RCW 46.16.305.

(4) Are there any special fees required to obtain the amateur radio operator license plates? In addition to all other license fees required by law, each applicant for amateur radio operator license plates must pay an additional license plate fee of five dollars for the plate and an additional five dollars any time the plates are transferred to another vehicle.

(5) When are the amateur radio operator special license plates canceled? The effective date of the plate cancellation is the date the FCC license becomes invalid. Reinstatement of the plates requires the amateur radio operator to reapply for the plates, providing a copy of the valid FCC license and paying the five-dollar fee for a new plate.

(6) Will I ever have to exchange my amateur radio operator special license plates? Yes, the department has determined that all license plates be replaced on a seven-year vehicle license rotation schedule; however, your amateur radio operator special license plates will be issued with your official call letters and numbers assigned to you by the F.C.C.

[Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, 308-96A-070, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110 and 46.12.070. 91-04-025, 308-96A-070, filed 1/29/91, effective 3/1/91; Order MV-328, 308-96A-070, filed 7/24/75.]


AMENDATORY SECTION(Amending WSR 98-09-024, filed 4/8/98, effective 5/9/98)

WAC 308-96A-071   Military affiliate radio system special license plates.   (((1) Any person having a valid Military Affiliate Radio System station license (MARS) may apply to the department for license plates bearing the official MARS call letters assigned by the Department of Defense. These plates are in lieu of regular issue license plates. The department may issue only one set of these plates at any one time carrying these call letters.

(2) An applicant for MARS license plates shall attach a copy of his or her current official MARS station license authorized by the Department of Defense and issued by the United States Army, Air Force, or Navy/Marine Corps. The recipient of these plates must notify the department when the MARS station license has been cancelled or expires, and whether or not he or she has renewed the license. If the license has been renewed, the MARS station license holder shall send a copy of the new MARS license to the department. If the MARS station license has not been renewed the department may cancel the MARS license plates.

(3) The MARS license plates shall be displayed on a motor vehicle owned by the MARS station license holder.

(4) In addition to all other license fees required by law, each applicant for MARS license plates shall pay an additional license plate fee of five dollars for the plate and an additional five dollars any time the plates are transferred to another vehicle.

(5) The effective date of a plate cancellation is the date the MARS station license becomes invalid. Reinstatement of the plates requires the MARS station license holder to reapply for the plates, providing a copy of the valid MARS license and paying the five-dollar fee for a new plate.)) (1) Who may apply for the military affiliate radio system station special license plates? Any person having a valid military affiliate radio system (MARS) station license may apply to the department for license plates bearing the official MARS call letters assigned by the Department of Defense. These plates are in lieu of regular issue license plates. The department will issue only one set of plates at any one time carrying these call letters and can only be displayed on a motor vehicle registered to the MARS station license holder.

(2) Can a MARS special license plate be issued for my motorcycle? No. Motorcycle license plates accommodate a maximum of six characters. MARS call letters consist of seven characters.

(3) What documents are required to receive MARS special license plates? In addition to all other license fees required by law, an applicant for MARS license plates must attach a copy of the current official MARS station license authorized by the Department of Defense and issued by the United States Army, Air Force, or Navy/Marine Corps. The recipient of these plates must notify the department when the MARS station license has been canceled.

(4) Are there any special fees required to obtain the MARS license plates? In addition to all other license fees required by law, each applicant for MARS license plates must pay an additional license plate fee of five dollars for the plate and an additional five dollars any time the plates are transferred to another vehicle.

(5) When are the MARS license plates canceled? The effective date of a plate cancellation is the date the MARS station license becomes invalid. Reinstatement of the plates requires the MARS station license holder to reapply for the plates, providing a copy of the valid MARS license and paying the five-dollar fee for a new plate.

(6) Will I ever have to exchange my MARS license plates? Yes, the department has determined that all license plates be replaced on a seven-year vehicle license rotation schedule; however, your MARS license plates will be issued with your official call letters and numbers assigned to you by the F.C.C.

[Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, 308-96A-071, filed 4/8/98, effective 5/9/98; 91-15-006, 308-96A-071, filed 7/8/91, effective 8/8/91.]


AMENDATORY SECTION(Amending WSR 98-01-151, filed 12/22/97, effective 1/22/98)

WAC 308-96A-072   Square dancer license plates.   (((1) The registered owner or lessee of a vehicle may apply to the department and receive, in lieu of regular vehicle license plates, special square dancer license plates bearing a symbol of a dancer.

(2) Square dancer license plates may be issued pursuant to RCW 46.16.233 for vehicles required to display two license plates. Vehicles licensed under the provisions of chapter 46.87 RCW are not eligible for square dancer license plates.

(3) A special license plate fee of thirty-five dollars, in addition to all other appropriate fees and taxes, is collected for each set of square dancer license plates issued through December 31, 1997. The special license plate fee is forty dollars effective with square dancer license plates issued January 1, 1998, and thereafter.)) (1) Who may apply for square dancer license plates? The registered owner of a vehicle may apply to the department and receive, in lieu of regular vehicle license plates, special square dancer license plates bearing a symbol of square dancers.

(2) What vehicles may display square dancer license plates? Square dancer license plates may be issued for vehicles required to display two license plates under RCW 46.16.233. Vehicles licensed under the provisions of chapter 46.87 RCW are not eligible for square dancer license plates.

(3) Are special license fees required for square dancer license plates? A special license plate fee of forty dollars, in addition to all other appropriate fees and taxes, is collected for each set of square dancer license plates issued.

(4) Will I ever have to exchange my square dancer license plates? Yes, the department has determined that all license plates be replaced on a seven-year rotation schedule.

[Statutory Authority: RCW 46.01.110 and 1997 c 291. 98-01-151, 308-96A-072, filed 12/22/97, effective 1/22/98. Statutory Authority: RCW 46.01.110. 97-07-013, 308-96A-072, filed 3/11/97, effective 4/11/97; 93-14-083, 308-96A-072, filed 6/30/93, effective 7/31/93.]


AMENDATORY SECTION(Amending WSR 98-09-024, filed 4/8/98, effective 5/9/98)

WAC 308-96A-073   ((Vehicles over forty years old)) Antique vehicle -- Horseless carriage license plate((s)).   (((1) The owners of any motor vehicle which is:

(a) At least forty years old; and

(b) Capable of being operated upon the highway; and

(c) Currently registered in Washington; and

(d) Operated primarily as a collector vehicle may apply to the department for a special horseless carriage license plate to be used in lieu of regular issue license plates. The department, upon approval of application, shall issue a horseless carriage plate for this vehicle.

(2) The horseless carriage license plate must be displayed on the vehicle for which it was issued and must stay with that vehicle upon transfer of ownership of the vehicle. The owner shall display the single plate on the rear of the vehicle.

(3) In addition to all other license fees required by law, the applicant shall pay an additional license fee of thirty-five dollars for this horseless carriage license plate.)) (1) Who may apply for a horseless carriage license plate?

(a) The owner(s) of any motor vehicle which is:

(i) At least forty years old; and

(ii) Capable of being operated upon the highway; and

(iii) Currently registered in Washington; and

(iv) Operated primarily as a collector vehicle may apply to the department for a special horseless carriage license plate to be used in lieu of regular issue license plates.

(2) How is a horseless carriage license plate displayed? The horseless carriage license plate must be displayed on the rear of the vehicle for which it was issued. The horseless carriage license plate is not transferable to any other motor vehicle, but may stay with that vehicle upon transfer of ownership.

(3) What additional fees are required to obtain a horseless carriage license plate? In addition to all other license fees required by law, the applicant must pay an additional license fee of thirty-five dollars for this horseless carriage license plate.

(4) Will I ever have to replace my horseless carriage license plates? No, the horseless carriage license plates are exempt from the seven-year vehicle license plate replacement schedule.

[Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, 308-96A-073, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110. 97-07-014, 308-96A-073, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110 and 46.12.070 [46.16.335]. 91-04-025, 308-96A-073, filed 1/29/91, effective 3/1/91.]


AMENDATORY SECTION(Amending WSR 98-09-024, filed 4/8/98, effective 5/9/98)

WAC 308-96A-074   ((Vehicles over thirty years old)) Antique vehicle -- Collector vehicle license plates.   (((1) The owners of any motor vehicle which is:

(a) At least thirty years old; and

(b) Capable of being operated upon the highway; and

(c) Currently registered in Washington; and

(d) Operated primarily as a collector vehicle may apply to the department for a special collector vehicle license plate. The department, if satisfied the application is in order, shall issue a collector vehicle license plate for this vehicle.

(2) The collector vehicle license plate must be displayed on the vehicle for which it was issued and must stay with that vehicle upon transfer of ownership of the vehicle. The owner shall display the single plate on the rear of the vehicle.

(3) Instead of a collector vehicle license plate, the owner may be authorized to display a Washington state issued vehicle license plate designated for use in the year of the vehicle's manufacture. This plate must be displayed on the vehicle for which it was issued but may be retained by the owner if the vehicle ownership changes. The owner shall display the single plate on the rear of the vehicle.

(4) In addition to all other license fees required by law, the applicant shall pay an additional license fee of thirty-five dollars for this collector vehicle license plate described in subsections (2) and (3) of this section.)) (1) What is a collector vehicle license plate? For the purposes of this section a collector vehicle license plate is a special license plate. The plate has Washington printed at the top and the words "Collector Vehicle" to the right of the numbers. The smaller size collector vehicle license plate is available for motorcycles and the owner must conform to the rules under RCW 46.16.307.

(2) What vehicles qualify for a collector vehicle license plate? Any motor vehicle which is:

(a) At least thirty years old; and

(b) Capable of being operated upon the highway; and

(c) Currently registered in Washington; and

(d) Operated primarily as a collector vehicle may be issued a collector vehicle license plate.

(3) How is a collector vehicle license plate to be displayed? The collector vehicle license plate must be displayed on the rear of the vehicle for which it was issued. The collector vehicle license plate is not transferable to any other motor vehicle, but may stay with that vehicle upon transfer of ownership.

(4) What additional fees are required to obtain a collector vehicle license plate? In addition to all other license fees required by law, the applicant must pay an additional license fee of thirty-five dollars for this collector vehicle license plate.

(5) What is a "restored license plate"? A restored license plate is a Washington state issued license plate designated for use in the year of the vehicle's manufacture. The restored license plate may be used instead of a collector vehicle license plate or horseless carriage license plate. The license plate must be restored to such a condition that it may be identified with its year of issue.

This plate must be displayed on the vehicle for which it was issued and may be retained by the owner if the vehicle ownership changes. The owner must display the single plate on the rear of the vehicle. If the vehicle owner has two identical license plates, the second license plate may be displayed on the front of the vehicle.

(6) What additional fees are required to have a restored license plate assigned to my vehicle? In addition to all other license fees required by law, you must pay an additional license fee of thirty-five dollars for the restored plate to be assigned to your vehicle. At the time a restored plate is assigned to a vehicle, the department may require the certificate of ownership be submitted if that vehicle is not already assigned a title purpose only number.

(7) Will I ever have to replace my collector vehicle license plate? No, the collector vehicle license plates are exempt from the seven-year vehicle license plate replacement schedule.

[Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, 308-96A-074, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110. 97-07-014, 308-96A-074, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110 and 46.12.070 [46.16.335]. 91-04-025, 308-96A-074, filed 1/29/91, effective 3/1/91.]


AMENDATORY SECTION(Amending WSR 98-09-024, filed 4/8/98, effective 5/9/98)

WAC 308-96A-175   Ride-sharing vehicles.   (((1) The owner of a passenger motor vehicle primarily used as a commute ride-sharing vehicle defined in RCW 46.74.010(1) may be issued special ride-share license plates by satisfying the provisions of RCW 46.16.023. Any person desiring the special ride-share license plates shall make application on a form approved by the department and pay all fees required pursuant to chapter 46.12 RCW and the special ride-share license plate fee required by RCW 46.16.023. The owner shall then provide:

(a) For privately owned vehicles, a list of the riders registered to use the ride-sharing vehicle, including the names, addresses and signatures of the riders and driver. For five and six passenger vehicles being used in a commute trip reduction program, the list shall be a copy of the certification of registration in a commute trip reduction program either with a public transportation agency or a major employer; or

(b) For vehicles operated by public transportation agencies or by major employers defined in RCW 70.94.524 in commute trip reduction programs, a written statement that the vehicle is used as a commuter ride-sharing vehicle.

(2) A passenger motor vehicle owned, rented or leased by a government agency may be issued special ride-share license plates for the vehicle described on the approved ride-sharing application.

(3) In order to transfer license plates to another vehicle, the owner shall make:

(a) Application to and receive approval by the department for the replacement passenger motor vehicle; and

(b) Payment of a five dollar license plate transfer fee and appropriate licensing fees.

(4) When special ride-share license plates are removed from or transferred to another vehicle, the owner shall:

(a) Purchase replacement license plates; and

(b) Pay vehicle excise tax for the remaining license registration period for the vehicle.

(5) When a ride-sharing vehicle is sold or transferred to another person who will continue to use the passenger motor vehicle as a commuter ride-sharing vehicle, the new owner shall:

(a) Apply for a certificate of ownership under chapter 46.12 RCW;

(b) Apply for commuter ride-sharing exemption; and

(c) Pay all required fees and taxes including the special license plate fee.

(6) Upon application for registration renewal, the owners of nongovernment ride-share plated vehicles shall:

(a) Recertify that the vehicle is used as a commuter ride-sharing vehicle to continue to be exempt from chapters 82.08, 82.12, and 82.44 RCW; and

(b) Submit a completed recertification form, approved by the department, including names, addresses, and signatures of current passengers and drivers. If the registered owner fails to file a completed recertification form the department will cancel the special ride-share license plates and the registered owner will need to purchase replacement plates and pay applicable fees and taxes to complete registration renewal.)) (1) When may the department issue a ride share special license plate? Ride share special license plates may be issued when:

The owner of a passenger motor vehicle is primarily used as a commute ride-sharing vehicle defined in RCW 46.74.010(1). The vehicle owner may be issued special ride-share license plates by satisfying the provisions of RCW 46.16.023. Any person desiring the special ride-share license plates must make application on a form approved by the department and pay all fees required by chapter 46.12 RCW and the special ride-share license plate fee required by RCW 46.16.023. The owner must then provide:

(a) For privately owned vehicles, a list of the riders registered to use the ride-sharing vehicle, including the names, addresses and signatures of the riders and driver. For five and six passenger vehicles being used in a commute trip reduction program, the list must be a copy of the certification of registration in a commute trip reduction program either with a public transportation agency or a major employer; or

(b) For vehicles operated by public transportation agencies or by major employers defined in RCW 70.94.524 in commute trip reduction programs, a written statement that the vehicle is used as a commuter ride-sharing vehicle.

(c) A passenger motor vehicle owned, rented or leased by a government agency may be issued special ride-share license plates for the vehicle described on the approved ride-sharing application.

(2) Can the ride-share license plate be transferred to another vehicle? To transfer license plates to another vehicle, the owner must make:

(a) Application to and receive approval by the department for the replacement passenger motor vehicle; and

(b) Pay a five dollar license plate transfer fee and any other appropriate licensing fees.

(3) What happens when I remove or transfer special ride-share plates from my vehicle? When you remove or transfer special ride-share license plates from one vehicle to another, you must:

(a) Purchase replacement license plates if the vehicle will be operated on public highways; and

(b) Pay applicable RTA excise tax for the remaining license registration period for the vehicle, if the registered owner resides in the RTA taxing district.

(4) What happens when the ride-share vehicle is sold or transferred to another person?

(a) When a ride-share vehicle is sold or transferred to another person who will continue to use the passenger motor vehicle as a commuter ride-share vehicle, the new owner must:

(i) Apply for a certificate of ownership under chapter 46.12 RCW;

(ii) Apply for commuter ride-share exemption; and

(iii) Pay all required fees and taxes including the special license plate fee.

(b) Upon application for registration renewal, the owners of nongovernment ride-share plated vehicles must:

(i) Recertify that the vehicle is used as a commuter ride-share vehicle to continue to be exempt from chapters 82.08, 82.12, and 82.44 RCW; and

(ii) Submit a completed recertification form, approved by the department, including names, addresses, and signatures of current passengers and drivers. If the registered owner fails to file a completed recertification form, the department will cancel the special ride-share license plates and the registered owner will need to purchase replacement plates and pay applicable fees and taxes to complete registration renewal.

(5) Will I ever have to replace my ride-share vehicle license plate? Yes, the ride-share vehicle license plates are subject to the seven-year vehicle license plate replacement schedule.

[Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, 308-96A-175, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110, 46.74.010 and 1996 c 244. 96-21-043, 308-96A-175, filed 10/11/96, effective 11/11/96. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. 94-17-044, 308-96A-175, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110, 46.16.276 and 1987 c 175 2. 88-01-010 (Order TL/RG 39), 308-96A-175, filed 12/7/87.]


AMENDATORY SECTION(Amending WSR 98-09-024, filed 4/8/98, effective 5/9/98)

WAC 308-96A-176   Special transportation needs ((ride-sharing)) for ride-share vehicles.   (((1) Private, nonprofit transportation providers furnishing ride-sharing for persons with special transportation needs under chapter 81.66 RCW, may be issued special ride-share license plates under RCW 46.16.023 for passenger motor vehicles. The transportation provider shall make application for special ride-share license plates on a form approved by the department. The application shall include:

(a) A copy of the utilities and transportation commission's operating certificate authorizing the organization to operate in this state;

(b) Payment of all fees required under chapter 46.12 RCW; and

(c) Payment for the special ride-share license plate fee as provided in RCW 46.16.023.

(2) For purposes of this section, a passenger motor vehicle is defined as:

(a) A motor vehicle titled with a use class of PAS, but does not include a motorhome;

(b) A bus with a seating capacity of fifteen or less including the driver;

(c) A cutaway, defined as a van or light truck cut off behind the cab, a bus type body permanently affixed to the frame behind the cab, and a seating capacity of fifteen or less including the driver. A cutaway does not include a motorhome; and

(d) A modified van, not more than twenty-eight feet in overall length, and a seating capacity of fifteen or less including the driver. A modified van does not include a motorhome.

(3) When the transportation provider removes the special ride-share license plates or transfers the plates to another vehicle owned by the transportation provider, replacement license plates fee and vehicle excise tax abated for the remaining license registration period for the vehicle, from which exemption is being removed, shall be collected. If the exemption is being removed within thirty-six consecutive months from obtaining the exemption, the full use or sales tax amount originally exempted shall be due and payable to the department of revenue. An application for exemption for the vehicle on which the special license plates are to be transferred must be filed pursuant to subsection (1) of this section with payment of the license plate transfer fee provided in RCW 46.16.023(2).

(4) Upon application for registration renewal, the transportation provider must recertify that the vehicle is still being used to provide transportation for persons with special transportation needs to continue to be exempt from chapters 82.08 and 82.44 RCW. The department will provide recertification forms to ride-sharing vehicle registered owners for filing with registration renewal applications.)) (1) Who may request application for special transportation needs for ride-share vehicles? Private, nonprofit transportation providers furnishing ride share for persons with special transportation needs under chapter 81.66 RCW may be issued special ride-share license plates under RCW 46.16.023 for passenger motor vehicles. The transportation provider must make application for special ride-share license plates on a form approved by the department. The application must include:

(a) A copy of the utilities and transportation commission's operating certificate authorizing the organization to operate in this state;

(b) Payment of all fees required under chapter 46.12 RCW; and

(c) Payment for the special ride-share license plate fee as provided in RCW 46.16.023.

(2) What is a passenger motor vehicle? For purposes of this section, a passenger motor vehicle is defined as:

(a) A motor vehicle titled with a use class of PAS, but does not include a motor home;

(b) A bus with a seating capacity of fifteen or less including the driver;

(c) A cutaway, defined as a van or light truck cut off behind the cab, a bus-type body permanently affixed to the frame behind the cab, and a seating capacity of fifteen or less including the driver. A cutaway does not include a motor home; and

(d) A modified van, not more than twenty-eight feet in overall length, and a seating capacity of fifteen or less including the driver. A modified van does not include a motor home.

(3) What happens when a transportation provider removes the special ride-share license plate or transfers the plate to another vehicle?

(a) When the transportation provider removes the special ride-share license plates or transfers the plates to another vehicle owned by the transportation provider, replacement license plate fee, vehicle registration fee and abated RTA vehicle excise tax if necessary must be collected if the vehicle will continue to be operated on public highways. If the exemption is being removed within thirty-six consecutive months from obtaining the exemption, the full use or sales tax amount originally exempted will be due and payable to the department of revenue.

(b) If the special license plates are to be transferred to another vehicle, a new application for exemption must be filed as required under subsection (1) of this section with payment of the license plate transfer fee provided in RCW 46.16.023(2).

(4) What is required to retain my ride-share exemption when I renew my registration? When applying for registration renewal, the transportation provider must recertify that the vehicle is being used to provide transportation for persons with special transportation needs to be exempt from chapters 82.08 and 82.44 RCW. The department will provide recertification forms to registered owners of ride-share vehicles for filing with registration renewal applications.

[Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, 308-96A-176, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110, 46.74.010 and 1996 c 244. 96-21-043, 308-96A-176, filed 10/11/96, effective 11/11/96.]


NEW SECTION
WAC 308-96A-177   Replacement of license plates.   (1) What license plates are required to be replaced? Vehicles that have license plates seven years or older that include:

(a) Standard issue;

(b) Collegiate;

(c) HAM/MARS(the department will replace the plates with the same configuration);

(d) Personalized(the department will replace the plates with the same configuration);

(e) Ride share;

(f) Disabled persons;

(g) Disabled veterans;

(h) Pearl Harbor survivors;

(i) Purple heart;

(j) Stadium;

(k) Square dancer;

(l) Consular;

(m) Commercial plates issued to vehicles with a declared gross weight 26,000 pounds and under;

(n) Prisoner of war.

(2) What license plates are exempt from the replacement requirement?

(a) Prorated vehicles over 16,000 pounds;

(b) Commercial vehicles with declared gross weight over 26,000 pounds;

(c) Collector vehicle, horseless carriage vehicle and restored plates;

(d) Exempt plates issued to government agencies; and

(e) Medal of honor.

(3) When are license plates required to be replaced? License plates are required to be replaced every seven years. Notification will be included on the renewal notice when it is necessary to replace the license plates for a vehicle.

[]


AMENDATORY SECTION(Amending WSR 98-01-151, filed 12/22/97, effective 1/22/98)

WAC 308-96A-550   Vehicle special collegiate license plates.   (((1) The department shall approve an application for special collegiate license plate series pursuant to RCW 46.16.301 (1)(d), as it existed before amendment by section 5, chapter 291, Laws of 1997, from an institution of higher education after determining the following criteria is satisfied:

(a) The special collegiate license plate lettering and color scheme is compatible with the basic license plate design. The plates shall consist of numbers, letters, or figures or any combination thereof not exceeding seven positions that do not conflict with existing license plates. The plate design must provide at least four positions to accommodate serial numbering. A license plate shall not be approved that may carry connotations offensive to good taste or decency, which may be misleading, vulgar in nature, a racial, ethnic lifestyle or gender slur, related to illegal activities or substances, blasphemous, contrary to the department's mission to promote highway safety, or a duplication of other license plates provided in chapter 46.16 RCW.

(b) The special collegiate license plate is designed so that it can be readily recognized by law enforcement personnel as an official Washington state issued license plate. A collegiate license plate design may not be issued in combination with any other license plate configuration or in lieu of any other special, personalized or exempt license plate.

(c) The special collegiate license plate may be issued to all applicants regardless of the applicant's age, gender, religion, race, color, creed, marital status, national origin, disability, or affiliation with an institution of higher education.

(2) The institution shall provide a design including color and dimension specifications of the requested special collegiate license plate series requested with their application. The department shall approve or disapprove the design based on compatibility with the basic license plate's design. A collegiate license plate series shall not be approved that may carry connotations offensive to good taste or decency or which may be misleading.

(3) When ownership of a vehicle, issued collegiate license plates, is sold, traded, or otherwise transferred, the owner may relinquish the plates to the new vehicle owner or remove the plates from the vehicle for transfer to a replacement vehicle. If the plates are removed from the vehicle a transfer fee to another vehicle shall be charged as provided in RCW 46.16.316(1). If the registration expiration date for the new vehicle exceeds the old vehicle registration expiration date, an abated fee for the collegiate plate shall be charged at the rate of one-twelfth of the annual collegiate plate fee for each exceeding month and partial month. If the new registration expiration date is sooner than the old expiration date, a refund shall not be made for the unexpended registration period.

(4) Upon the loss, defacement, or destruction of one or both collegiate license plates the owner shall make application for new collegiate or other license plate and pay the fees pursuant to RCW 46.16.270. New collegiate license plates shall be issued bearing the next available license plate number.)) (1) What are the criteria for establishing collegiate license plates? The department must approve an application for special collegiate license plate series from an institution of higher education according to RCW 46.16.324. The following criteria must be satisfied:

(a) The special collegiate license plate lettering and color scheme is compatible with the basic license plate design.

(b) The plates will consist of numbers, letters, or figures or any combination thereof not exceeding seven positions.

(c) The plate series will not conflict with existing license plates.

(d) The plate design must provide at least four positions to accommodate serial numbering.

(e) The plate must not carry connotations offensive to good taste or decency, which may be misleading, vulgar in nature, a racial, ethnic, lifestyle or gender slur, related to illegal activities or substances, blasphemous, contrary to the department's mission to promote highway safety, or a duplication of other license plates provided in chapter 46.16 RCW.

(f) The plate must be designed so that it can be easily recognized by law enforcement personnel as an official Washington state issued license plate. A collegiate license plate design may not be issued in combination with any other license plate configuration including special, personalized or exempt license plate(s).

(2) How is the design for a collegiate plate determined? The institution of higher education must provide a design including color and dimension specifications of the logo requested on the special collegiate license plate series with their application. The design must be approved by the department based on compatibility with the basic license plate design.

(3) Who may apply for the special collegiate license plate? Upon receipt of all applicable fees, the special collegiate license plate will be issued to the registered owner of the vehicle regardless of the applicant's age, gender, religion, race, color, creed, marital status, national origin, disability, or affiliation with an institution of higher education.

(4) When ownership of a vehicle issued collegiate license plates is sold, traded, or otherwise transferred, what happens to the plates? The owner may relinquish the plates to the new vehicle owner or remove the plates from the vehicle for transfer to a replacement vehicle. If the plates are removed from the vehicle, a transfer fee to another vehicle shall be charged as provided in RCW 46.16.316(1).

(5) Will any new fees be charged when the collegiate license plates are sold, traded, or otherwise transferred? If the registration expiration date for the new vehicle exceeds the old vehicle registration expiration date, an abated fee for the collegiate plate will be charged at the rate of one-twelfth of the annual collegiate plate fee for each exceeding month and partial month. If the new registration expiration date is sooner than the old expiration date, a refund will not be made for the remaining registration period.

(6) Will I be able to obtain the same license plate number if my plate is lost, defaced, or destroyed? Upon the loss, defacement, or destruction of one or both collegiate license plates, the owner will make application for new collegiate or other license plates and pay the fees described in RCW 46.16.270. New collegiate license plates will be issued bearing the next available license plate number.

(7) Will I ever have to replace my collegiate license plate? Yes, the collegiate license plates are subject to the seven-year vehicle license plate replacement schedule.

[Statutory Authority: RCW 46.01.110 and 1997 c 291. 98-01-151, 308-96A-550, filed 12/22/97, effective 1/22/98. Statutory Authority: RCW 46.16.301, 46.16.324 and 46.01.110. 95-11-043, 308-96A-550, filed 5/10/95, effective 6/10/95. Statutory Authority: RCW 46.01.110. 91-03-091, 308-96A-550, filed 1/18/91, effective 2/18/91.]


AMENDATORY SECTION(Amending WSR 98-01-151, filed 12/22/97, effective 1/22/98)

WAC 308-96A-560   Special vehicle license plates -- Criteria for continued issuance.   What criteria are used to discontinue issuing special vehicle license plates? Except those license plates issued under RCW 46.16.301, 46.16.305 and 46.16.324 the department may discontinue issuing special vehicle license plates after determining that less than five hundred special license plates in the approved configuration are purchased annually and no less than one thousand five hundred special license plates are purchased in any continuous three-year period.

[Statutory Authority: RCW 46.01.110 and 1997 c 291. 98-01-151, 308-96A-560, filed 12/22/97, effective 1/22/98. Statutory Authority: RCW 46.16.301, 46.16.324 and 46.01.110. 95-11-043, 308-96A-560, filed 5/10/95, effective 6/10/95. Statutory Authority: RCW 46.01.110. 93-14-083, 308-96A-560, filed 6/30/93, effective 7/31/93; 91-03-091, 308-96A-560, filed 1/18/91, effective 2/18/91.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 308-96A-066 Denial or cancellation of personalized license plates.
WAC 308-96A-067 Reissuance or reinstatement of personalized license plates.
WAC 308-96A-068 Issuance of personalized license plates.

Washington State Code Reviser's Office