Original Notice.

Preproposal statement of inquiry was filed as WSR 00-07-094.

Title of Rule: Chapter 308-94 WAC, Snowmobiles, to include but not limited to WAC 308-94-030, 308-94-050, 308-94-080, and 308-94-100.

Purpose: 1. Clarify the requirement to register snowmobiles in a variety of situations.

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

Statutory Authority for Adoption: RCW 46.01.110.

Summary: Amending WAC 308-94-030 Snowmobile registration application -- Registration year, 308-94-050 Snowmobile registration, decals and validating tab -- Display, 308-94-080 Nonresident temporary snowmobile permit, and 308-94-100 Snowmobile dealer license, license plates, costs, rented snowmobiles, and new WAC 308-94-105 Deliver of snowmobile on dealer temporary permit.

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 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 rules explain the registration procedures and costs for the operation of a snowmobile in Washington state. The purpose is to clarify, simplify and delete parts that are no longer needed. The anticipated effects are clear procedures that are written in a more readable and understandable form.

Proposal Changes the Following Existing Rules: Clarify sections as 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 April 13, 2001, at 10:30 p.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by April 12, 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 April 13, 2001.

Date of Intended Adoption: May 14, 2001.

February 28, 2001

Deborah McCurley, Administrator

Title and Registration Services

OTS-4684.1

AMENDATORY SECTION(Amending WSR 98-08-070, filed 3/30/98, effective 4/30/98)

WAC 308-94-030   Snowmobile registration application -- Registration year.   (1) What must be included on an application to register a snowmobile? An application for an original or transfer registration of a snowmobile ((shall)) must include:

(a) The name and address((, and department assigned customer account number upon request,)) of each registered owner(s); and

(b) The make, vehicle identification number, model year, and method of propulsion of the snowmobile; and

(c) The purchase price and year of purchase or declared value and year of declaration; and

(d) Proof of payment of sales or use tax, satisfactory proof that sales or use tax is not due as established by the department of revenue((, or the payment of use tax)); and

(e) A copy of any of the following:

(i) Previously issued registration certificate;

(ii) Certificate of ownership from a foreign jurisdiction;

(iii) Manufacturer's certificate of origin;

(iv) A bill of sale;

(v) A purchase agreement; or

(vi) Other department approved documentation; and

(f) ((A notarized or certified release of interest from owner(s) of record or)) Certificate of fact explaining how the snowmobile was acquired; and

(g) ((Appropriate)) Applicable fees.

(2) How are security interests recorded? Security interests ((shall)) must be recorded with the Uniform Commercial Code Section of the department, and ((shall)) will not be recorded on the snowmobile registration.

(3) What is the registration period for snowmobiles? The registration ((year)) period for snowmobiles ((shall be)) is October 1 through September 30 of the following year. Regardless of the date acquired, there is no abatement of the snowmobile registration fee.

[Statutory Authority: RCW 46.01.110. 98-08-070, 308-94-030, filed 3/30/98, effective 4/30/98. 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, 308-94-030, filed 1/25/96, effective 2/25/96; 95-13-058, 308-94-030, filed 6/19/95, effective 7/20/95. Statutory Authority: RCW 46.01.110. 92-15-021, 308-94-030, filed 7/6/92, effective 8/6/92; 87-03-041 (Order TL/RG 29), 308-94-030, filed 1/16/87; Order 111 MV, 308-94-030, filed 10/5/71.]

(a) Carried in the snowmobile for which it was issued; or

(b) Carried on the person of the snowmobile operator; and

(c) Be made available for inspection by any person having the authority to enforce the provisions of the snowmobile act.

(2) ((Snowmobile decals showing the registration number shall be:)) How are snowmobile decals/tabs displayed?

(a) Decals showing the registration numbers must be affixed to the right and left sides or on the front and rear of the snowmobile((;)) and (((b))) located so that snow, passenger, driver or load will not obscure them.

(((3))) (b) The month tabs ((shall)) must be located no more than two inches ((from the)) in front of the first digit of the decal((s)) showing the registration number. Validating year tab((s shall)) must be located no more than two inches from the last digit of the decals showing the registration number.

[Statutory Authority: RCW 46.01.110. 98-08-070, 308-94-050, filed 3/30/98, effective 4/30/98; 87-03-041 (Order TL/RG 29), 308-94-050, filed 1/16/87; Order 111 MV, 308-94-050, filed 10/5/71.]

(1) An application for a nonresident temporary permit shall include:

(((1))) (a) Name and address of the applicant;

(((2))) (b) Plate or registration number and expiration date, if registered in another jurisdiction;

(((3))) (c) Make, vehicle identification number, model year, and method of propulsion of the snowmobile; and

(((4) Appropriate)) (2) Applicable fees.

[Statutory Authority: RCW 46.01.110. 98-08-070, 308-94-080, filed 3/30/98, effective 4/30/98; 92-15-021, 308-94-080, filed 7/6/92, effective 8/6/92; 87-03-041 (Order TL/RG 29), 308-94-080, filed 1/16/87; Order 111 MV, 308-94-080, filed 10/5/71.]

(4) Snowmobile dealer license plates shall not be used on rented snowmobiles.)) (1) How long is a snowmobile dealer license valid? Snowmobile dealer licenses are valid for one year from the date of issue.

(2) Are there restrictions for the use of the snowmobile dealer license plate? Yes.

(a) Dealers may not test or demonstrate a snowmobile without either a valid Washington snowmobile registration or a valid snowmobile dealer license plate.

(b) Snowmobile dealer license plates may be used only for testing or demonstrating a snowmobile and must be displayed on the snowmobile so that snow, passenger, driver or load will not obscure the license plate.

(c) Snowmobile dealer license plates must not be used on rented snowmobiles.

(3) What are the fees for a snowmobile dealer license? A snowmobile dealer shall pay three dollars and fifty cents plus the fifty cent reflectorization fee for each dealer plate ordered from the department.

[Statutory Authority: RCW 46.01.110. 98-08-070, 308-94-100, filed 3/30/98, effective 4/30/98; 87-03-041 (Order TL/RG 29), 308-94-100, filed 1/16/87; Order 111 MV, 308-94-100, filed 10/5/71.]

(2) How is the dealer temporary permit application issued and completed?

(a) The dealer temporary permit application is issued by and must be completed by the selling dealer.

(b) The application must be signed by the registered owner(s).

(c) The dealer must collect all fees required for registration of a snowmobile.

(d) The dealer must detach the hard copy of the dealer permit and record the date of expiration in dark, bold letters and numbers on the permit side of that copy. Date of expiration will be forty-five calendar days after date on which the snowmobile is physically delivered to the customer/purchaser.

(e) The application copies must be used by the dealer to apply for registration of the snowmobile. Except as provided in chapter 46.10 RCW the selling dealer must submit the application and all registration fees to the department of licensing or an authorized licensing agent within forty-five calendar days from the date of sale.

(f) The hard copy of the permit and a purchase order identifying the snowmobile and the date on which the snowmobile is delivered to the customer must be carried on the snowmobile or on the person operating the snowmobile at all times the snowmobile is operated on the temporary permit.

(3) How long is the dealer temporary permit valid? The dealer temporary permit is valid for not more than forty-five calendar days commencing with the date on which the vehicle is delivered to the customer.

(4) What restrictions apply to the dealer temporary permit?

(a) The dealer temporary permit must not:

(b) Be issued for a dealer inventoried or a dealer or dealer-employee operated snowmobile;

(c) Be issued as a demonstration permit;

(d) Be issued for a snowmobile processed as a courtesy delivery.

(5) Are fees paid for the dealer temporary permit application forms refundable? Fees paid for dealer temporary permit application forms are not refundable unless the dealer ceases doing business as a snowmobile dealer.

(6) Is the dealer reimbursed for the cost of the dealer temporary permit when used? Yes, a credit in the amount of the permit form fee will be credited when the permit is used by the snowmobile dealer to make application for a snowmobile registration.

(7) Is the dealer required to keep a record of the permits? Yes, the dealer must maintain a record of each dealer temporary permit form acquisition and distribution including the following:

(a) Snowmobile purchaser's names;

(b) Vehicle identification number;

(c) Dates of snowmobile sales and deliveries; and

(d) Date and location of purchase of each permit form and the permit number.

(8) Is the dealer required to submit the application for registration within a certain period of time? Yes, the dealer must submit the application for registration forty-five days from the date of delivery of the snowmobile to the customer.

The director may excuse late applications only in situations where applications are delayed for reasons beyond the control of the dealer.

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Washington State Code Reviser's Office