PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-01-072.
Title of Rule: Chapter 308-96A WAC, General provisions for registration of vehicles.
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 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.16.276.
Summary: Amending WAC 308-96A-005 Terminology -- Definitions, 308-96A-015 Replacement certificate of registration -- Documents required, 308-96A-026 Vehicle transit permit, 308-96A-260 Assignment of original registration year, 308-96A-300 Changing assigned registration year; and repealing WAC 308-96A-345 Definitions.
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.
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-License Building, Conference Room 107, 1125 Washington Street S.E., Olympia, WA 98507, on July 2, 2001, at 10:00.
Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by June 29, 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 June 29, 2001.
Date of Intended Adoption: August 3, 2001.
May 16, 2001
Deborah McCurley, Administrator
Title and Registration Services
by Fran Lukes
OTS-4847.2
AMENDATORY SECTION(Amending WSR 00-09-008, filed 4/6/00,
effective 5/7/00)
WAC 308-96A-005
Terminology -- Definitions.
((Terms used in
chapter 46.16 RCW and this chapter shall have the following
meanings except where otherwise defined, and unless where used
the context clearly indicates to the contrary.
(1) "Agent" means any county auditor, or other individual or business entity other than a subagent appointed to carry out vehicle licensing and titling functions for the department. (RCW 46.01.140.)
(2) "Application" means a form provided or approved by the department to apply for different types of services and documents.
(3) "Cab and chassis" is a truck manufactured and sold with only a cab and the frame and running gear. (WAC 308-96A-145.)
(4) "Current year" means the current registration year unless otherwise stated. (WAC 308-96A-260.)
(5) "Expiration day and month."
(a) "Day of expiration" or "expiration day" means the day of the month on which the vehicle registration, gross weight license, or tabs expire.
(b) "Month of expiration" or "expiration month" means the calendar month during which a registration year ends. (WAC 308-96A-260.)
(6) "Department" means the department of licensing. (RCW 46.04.162.)
(7) "Parking ticket disposition" means the requested action as determined by the jurisdiction to add failure-to-pay parking violations, or to remove paid parking violations from a vehicle record. (RCW 46.16.216.)
(8) "Disabled persons parking placard expiration date" means:
(a) The last day of the month specified on a temporary placard; or
(b) Not less than five years from the end of month and year of issuance of a permanent placard, as specified by the department on the placard. (RCW 46.16.381.)
(9) "Fixed load vehicle" a fixed load vehicle is specified in RCW 46.16.070 and described in WAC 308-96A-099.
(10) "Regular fleet" means a group of five or more vehicles registered in the same owner(s) name and which have been assigned the same fleet identifier code by the department and has an expiration date of December 31st of each year. (WAC 308-56A-161.)
(11) "Identification card" means the identification card referred to in RCW 46.16.381(3) for disabled parking privileges and is used for identification of persons with disabilities.
(12) "Jurisdiction seal" means a method of verifying authenticity of court documents, which is provided by the jurisdiction that issued the citation. A jurisdiction seal is an embossed seal or stamp provided by the jurisdiction. (WAC 308-96A-345.)
(13) "License or licensing" and "register or registering" are synonymous and mean the act of registration under chapter 46.16 RCW.
(14) "License tab fees" means the fees required for the act of licensing a vehicle under chapter 46.16 RCW.
(15) "Licensed physician" for the purpose of disabled person parking privileges, means, chiropractic physicians, naturopaths, medical doctors, osteopathic physicians and podiatric physicians. Licensed physician does not include persons licensed in the professions of dentistry and optometry. (RCW 46.16.381(1).)
(16) "Municipality" in reference to parking tickets means every court having jurisdiction over offenses committed under RCW 46.20.270. (WAC 308-96A-345.)
(17) "NCIC" means the National Crime Information Center.
(18) "Special mailer" means the notice sent by the department in lieu of a renewal notice. The special mailer indicates additional or corrective information that must be provided at the time of registration renewal.
(19) "One hundred twenty day notice" in reference to parking violations means a warning notice "notice of parking tickets" that contains a list of parking violations that must be satisfied prior to the registration renewal date. (RCW 46.16.216.)
(20) "Parking violation" means any standing, stopping or parking violation per RCW 46.20.270(3).
(21) "Parking violation list" means a computerized list containing all outstanding parking violations, which have been processed by the department. (WAC 308-96A-345.)
(22) "Permanent" in reference to disabled person parking privileges means a licensed physician has certified that a qualifying condition is expected to last at least five years. (RCW 46.16.381. WAC 308-96A-306.)
(23) "Permit" in reference to disabled person parking privileges means the proof provided by the department in the form of placard(s), special license plate(s) and an identification card indicating eligibility for disabled person parking privileges. (RCW 46.16.381.)
(24) "Personal use vehicle" in reference to disabled veteran's, prisoners of war and congressional medal of honor plates, means passenger vehicles, motor homes, motorcycles, and trucks with designated gross vehicle weight at no more than twelve thousand pounds. Registration ownership must be in the name of the individual and not in the business name. (WAC 308-96A-046.)
(25) "Placard" means a document issued to persons who qualify for special parking privileges for disabled persons under RCW 46.16.381 and are entitled to receive from the department of licensing a removable windshield placard bearing the international symbol of access and individual serial number.
(26) "Prebill" or "renewal notice" means the notice to renew a vehicle license provided by the department approximately sixty days prior to the current expiration year.
(27) "Private carriers" means those entities contracting with public transportation authorities to transport persons with disabilities described in RCW 46.16.381. (WAC 308-96A-316.)
(28) "Privilege" in reference to disabled person's parking privileges means the right to utilize the benefits associated with the permit. (RCW 46.16.381, 46.61.582 and 70.84.090. WAC 308-96A-306.)
(29) "Public transportation authorities" means those entities operating motor vehicles owned or leased by Washington state, or a town, city, county, municipality, or metropolitan or municipal corporation within the state, or United States government agencies or Indian nations used for the primary purpose of transporting persons with disabilities described in RCW 46.16.381.
(30) "Rental car" means a rental car as defined in RCW 46.04.465.
(31) "Signature" means any memorandum, mark, sign or subscriptions made with intent to authenticate an application. (RCW 9A.04.110(23).)
(32) "Scale weight" means the weight of a vehicle as it stands without a load. (RCW 46.16.070 and 46.16.111.)
(33) "Subagent" means individual(s), business, organization, or political entity appointed by the director to provide vehicle and vessel licensing and titling services under contract with the agent as described in RCW 46.01.140.
(34) "Tab" means a decal issued by the department that is affixed to the license plate(s) for a specific vehicle.
(35) "Tonnage," "declared gross weight" and "declared combined gross weight" are used interchangeably when referring to the amount of weight declared by an owner when licensing a vehicle in the truck/commercial use class. (RCW 46.16.070 and 46.16.111.)
(36) "Transit permit" means a document that authorizes an individual to operate a vehicle on a public highway of this state solely for the purpose of obtaining necessary documentation to complete and apply for a Washington certificate of ownership or registration. (WAC 308-96A-026.)
(37) "Vehicle database record" means the electronic record stored on the department's motor vehicle database reflecting vehicle and ownership information.)) Terms used in chapter 46.16 RCW and this chapter will have the following meanings except where otherwise defined, and where the context clearly indicates the contrary:
(1) "Affidavit of loss" means a department form used by an applicant, to indicate that a lost title, registration, license tab, or decal has been lost, stolen, mutilated or destroyed. The form is completed and signed under oath in the presence of an official, such as a notary public, or certified by a license clerk or the authorized agent for a dealership, when a vehicle is in their inventory for resale.
(2) "Agent" means any county auditor, or other individual or business entity other than a subagent appointed to carry out vehicle licensing and titling functions for the department. (RCW 46.01.140.)
(3) "Application" means a form provided or approved by the department to apply for different types of services and documents.
(4) "Cab and chassis" is a truck manufactured and sold with only a cab and the frame and running gear. (WAC 308-96A-145.)
(5) "Certificate of license registration" means a document issued by the department and required by RCW 46.16.260 to be carried in the vehicle to operate legally on the roadways of Washington and described in RCW 46.12.050. The certificate of license registration is renewed annually.
(6) "Collector vehicle license plate" is a special license plate that may be assigned to a vehicle that is at least thirty years old.
(7) "Confidential" and "undercover" license plates are standard issue license plates assigned to vehicles owned or operated by public agencies. These license plates are used as specifically authorized by RCW 46.08.066.
(8) "Current year" means the current registration year unless otherwise stated. (WAC 308-96A-260.)
(9) "Department" means the department of licensing. (RCW 46.04.162.)
(10) "Disabled persons parking placard expiration date" means:
(a) The last day of the month specified on a temporary placard; or
(b) Not less than five years from the end of the month and year of issuance of a permanent placard, as specified by the department on the placard. (RCW 46.16.381.)
(11) "Expiration day and month."
(a) "Day of expiration" or "expiration day" means the day of the month on which the vehicle registration, gross weight license, decal or tabs expire.
(b) "Month of expiration" or "expiration month" means the calendar month during which a registration period ends. (WAC 308-96A-260.)
(12) "Fleet" means a group of vehicles registered in the same owner name and which have been assigned the same fleet identifier code by the department.
(13) "Fixed load vehicle" is specified in RCW 46.16.070 and described in WAC 308-96A-099.
(14) "Gross weight" means gross weight defined in RCW 46.16.070, 46.16.090, 46.16.111 and chapter 46.44 RCW.
(15) "Identification card" means the identification card referred to in RCW 46.16.381(3) for disabled parking privileges and is used for identification of persons with disabilities.
(16) "Indian country" means all lands, notwithstanding the issuance of any patent, within the exterior boundaries set aside by the United States for the use and occupancy of Indian tribes by treaty, law or executive order and which are areas currently recognized as "Indian country" by the United States Department of the Interior as referenced in 18 U.S.C. 1151 and CFR 25.
(17) "Indian tribe" means an Indian nation, tribe, band, or community recognized as an "Indian tribe" by the United States Department of the Interior.
(18) "Indian" means a person on the tribal rolls of the Indian tribe occupying Indian country.
(19) "Jurisdiction" as used in the parking ticket system means any district, municipal, justice, superior court, or authorized representative.
(20) "Jurisdiction seal" means a method of verifying authenticity of court documents, which is provided by the jurisdiction that issued the citation. A jurisdiction seal is an embossed seal or stamp provided by the jurisdiction.
(21) "License or licensing" and "register or registering" are synonymous and mean the act of registering a vehicle under chapter 46.16 RCW.
(22) "License fee" means the fees required for the act of licensing a vehicle under chapter 46.16 RCW. License fee does not include license plate fees identified as taxes, and fees collected by the department for other jurisdictions.
(23) "License tab fees" means the fees required for the act of licensing a vehicle under chapter 46.16 RCW.
(24) "Licensed physician" for the purpose of disabled person parking privileges, means: Chiropractic physicians, naturopaths, medical doctors, advanced registered nurse practitioners, osteopathic physicians and podiatric physicians. Licensed physician does not include persons licensed in the professions of dentistry and optometry. (RCW 46.16.381(1).)
(25) "Motorhome" means a vehicle designed or altered for human habitation as described in RCW 46.04.305.
(26) "Municipality" in reference to parking tickets, means every court having jurisdiction over offenses committed under RCW 46.20.270.
(27) "NCIC number" means the numeric code assigned by the National Crime Information Center to identify a jurisdiction.
(28) "One hundred twenty-day notice" in reference to parking violations means a notice of parking violations that must be satisfied prior to the registration renewal date. (RCW 46.16.216.)
(29) "Parking ticket disposition" means the requested action as determined by the jurisdiction to add failure-to-pay parking violations, or to remove paid parking violations from a vehicle record. (RCW 46.16.216.)
(30) "Parking violation" means any standing, stopping or parking violation per RCW 46.20.270(3).
(31) "Parking violation list" means a computerized list containing all outstanding parking violations, which have been processed by the department.
(32) "Permanent" in reference to disabled person parking privileges, means a licensed physician has certified that a qualifying condition is expected to last at least five years. (RCW 46.16.381. WAC 308-96A-306.) Disabled persons parking privileges must be renewed every five years.
(33) "Permit" in reference to disabled person parking privileges means the proof provided by the department in the form of placard(s), special license plate(s) and an identification card indicating eligibility for disabled person parking privileges. (RCW 46.16.381.)
(34) "Personalized license plates" are plates denoting 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. (WAC 308-96A-065.)
(35) "Personal use vehicle" in reference to disabled veteran's, prisoners of war and congressional medal of honor plates, means passenger vehicles, motorhomes, motorcycles, and trucks with designated gross vehicle weight at no more than twelve thousand pounds. Registration ownership must be in the name of the individual and not in the business name. (WAC 308-96A-046.)
(36) "Placard" means a document issued to persons who qualify for special disabled person parking privileges under RCW 46.16.381 and are entitled to receive from the department of licensing a removable windshield placard bearing the international symbol of access and individual serial number.
(37) "Prebill" or "renewal notice" means the notice to renew a vehicle license provided by the department approximately sixty days prior to the current expiration year.
(38) "Private carriers" means those entities contracting with public transportation authorities to transport persons with disabilities described in RCW 46.16.381. (WAC 308-96A-316.)
(39) "Privilege" in reference to disabled person's parking privileges means permission to utilize the benefits associated with the permit. (RCW 46.16.381, 46.61.582 and 70.84.090. WAC 308-96A-306.)
(40) "Public transportation authorities" means those entities operating motor vehicles owned or leased by Washington state, or a town, city, county, municipality, or metropolitan or municipal corporation within the state, or United States government agencies or Indian nations used for the primary purpose of transporting persons with disabilities described in RCW 46.16.381.
(41) "Regular fleet" means a group of five or more vehicles registered in the same owner(s) name and which have been assigned the same fleet identifier code by the department and has an expiration date of December 31st of each year. (WAC 308-56A-161.)
(42) "Rental car" means a car that is rented as defined in RCW 46.04.465.
(43) "Scale weight" means the weight of a vehicle as it stands without a load. (RCW 46.16.070 and 46.16.111.)
(44) "Signature" means any memorandum, mark, sign or subscriptions made with intent to authenticate an application. (RCW 9A.04.110(23).)
(45) "Special mailer" means the notice sent by the department in lieu of a renewal notice. The special mailer indicates additional or corrective information that must be provided at the time of registration renewal.
(46) "Subagent" means individual(s), business, organization, or political entity appointed by the director to provide vehicle and vessel licensing and titling services under contract with the agent as described in RCW 46.01.140.
(47) "Tab(s)" means decals, issued by the department, affixed to the rear license plate to identify the registration expiration month or year for a specific vehicle.
(48) "Tonnage," "declared gross weight" and "declared combined gross weight" are used interchangeably when referring to the amount of weight declared by an owner when licensing a vehicle as described in RCW 46.16.070 and 46.16.111.
(49) "Transit permit" means a document that authorizes an individual to operate a vehicle on a public highway of this state solely for the purpose of obtaining necessary documentation to complete and apply for a Washington certificate of ownership or registration, and does not allow unrestricted use of the vehicle. (WAC 308-96A-026.)
(50) "Unprocessed" as used in parking ticket system means no update of the computer record has occurred.
(51) "Use classes" means those vehicles described in WAC 308-96A-099.
(52) "Vehicle data base record" means the electronic record stored on the department's motor vehicle data base reflecting vehicle and ownership information.
[Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.17.276. 00-09-008, 308-96A-005, filed 4/6/00, effective 5/7/00. Statutory Authority: RCW 46.01.110. 97-10-003, 308-96A-005, filed 4/24/97, effective 5/25/97. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. 94-17-044, 308-96A-005, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110. 93-14-083, 308-96A-005, filed 6/30/93, effective 7/31/93; 92-15-025, 308-96A-005, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-005, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.01.110 and 46.16.335. 91-15-006, 308-96A-005, filed 7/8/91, effective 8/8/91. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-005, filed 5/28/87. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. 86-10-040 (Order TL/RG 24), 308-96A-005, filed 5/5/86; Order MV-355, 308-96A-005, filed 5/10/76; Order MV-328, 308-96A-005, filed 7/24/75.]
You obtain a replacement certificate of registration by
applying, either in person or by mail, ((to)) at a Washington
vehicle licensing office and paying appropriate fees.
(2) When do I need to replace my certificate of registration?
You need to replace your certificate of registration if it is lost, stolen, destroyed, or mutilated.
(3) Who can apply for a replacement certificate of registration?
The registered owner must apply for a replacement
certificate of registration. If there is more than one
registered owner, one of the registered owners ((shall)) need
apply for a replacement certificate of registration.
(4) What documentation do I need to apply for a replacement certificate of registration?
You need an affidavit of loss or letter of request describing the vehicle by Washington license plate or vehicle identification number. The affidavit of loss or letter of request must be signed by at least one of the registered owners. Identification may be required. The registered owner's signature must be either notarized by a notary public or certified by a Washington vehicle license agent or subagent.
(5) Where do I get an affidavit of loss?
An affidavit of loss/release of interest form may be obtained at a vehicle licensing office, by mail or by accessing the department's website at www.wa.gov/dol.
[Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490 and 46.16.276. 98-19-075, 308-96A-015, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. 86-10-040 (Order TL/RG 24), 308-96A-015, filed 5/5/86; Order MV-328, 308-96A-015, filed 7/24/75.]
A vehicle transit permit is a document that authorizes an individual to operate a vehicle on a public highway of this state solely for the purpose of obtaining necessary documentation to complete an application for a Washington certificate of ownership or registration. It does not allow unrestricted use of the vehicle.
(2) ((What)) How may a vehicle transit permit be used
((for))?
A vehicle transit permit may be used to obtain:
(a) A Washington state patrol inspection;
(b) A scale weight slip;
(c) An emission test; or
(d) Any other purpose that the department deems necessary.
(3) Where do I obtain a vehicle transit permit?
You may obtain a vehicle transit permit from:
(a) Washington vehicle licensing offices; ((or))
(b) Drivers services-licensing services offices; or
(c) Washington state patrol.
(4) How long is the vehicle transit permit valid?
The permit is valid for a maximum of two days.
(5) What information is required to issue the vehicle transit permit?
((The following information is required to issue the vehicle
transit permit:))
(a) Description of the vehicle for which the permit is issued, which may include make, model, model year, and vehicle identification number;
(b) Name and address of person obtaining the permit;
(c) Specific purpose for which the permit is issued; ((and))
(d) The date or dates on which the permit is valid, for a maximum of two days;
(e) Applicant's signature; and
(f) Signature of vehicle licensing agent or issuing authority.
(6) How much does a vehicle transit permit cost?
There is no fee for the vehicle transit permit, however vehicle-licensing subagents may charge a service fee.
[Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490 and 46.16.276. 98-19-075, 308-96A-026, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 46.01.110. 92-15-025, 308-96A-026, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 46.16.276. 86-23-045 (Order TL/RG 28), 308-96A-026, filed 11/18/86.]
Vehicles licensed for the first time in this state will have expiration dates assigned under RCW 46.16.006 except as follows:
(1) Fleet vehicles will have a registration year ending December 31. A full month's fees are charged for any partial month.
(2) City, state and county exempt vehicles using propane, butane or natural gas will have a June 30 expiration date for special fuel billing purposes. This does not apply to federal exempt vehicles, which are required to be registered annually and pay the liquefied petroleum gas (LPG) fee at the time of registration renewal.
(3) Vehicles delivered on dealer temporary permits ((shall))
must be assigned expiration dates based on date of delivery as
documented by the dealer.
(4) A February 29 expiration date will be reassigned to March 1.
[Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490 and 46.16.276. 98-19-075, 308-96A-260, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-260, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. 86-10-040 (Order TL/RG 24), 308-96A-260, filed 5/5/86. Statutory Authority: 1985 c 109 2, 4, 6 and 8, RCW 46.80.140, 46.70.080 [46.79.080], 46.70.160, 46.76.070 and 46.16.225. 86-08-028 (Order DLR-091), 308-96A-260, filed 3/26/86; Order MV-355, 308-96A-260, filed 5/10/76.]
(1) The department will change the registration year of a vehicle if the vehicle remains unlicensed for more than the entire assigned registration year.
(2) The registered owner may request a change of registration expiration month. This can only be done at the time of renewal and requires the registered owner to purchase more than twelve months of registration, limited to the vehicle field system constraints and license tab availability.
(3) When the vehicle is being added to a fleet.
(4) When a vehicle has been sold and the registration is no longer valid.
[Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490 and 46.16.276. 98-19-075, 308-96A-300, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-300, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-300, filed 5/28/87. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. 86-10-040 (Order TL/RG 24), 308-96A-300, filed 5/5/86; Order MV-355, 308-96A-300, filed 5/10/76.]
The following section of the Washington Administrative Code is repealed:
| WAC 308-96A-345 | Definitions. |