Date of Adoption: June 8, 2001.

Purpose: Meet criteria supporting Governor Locke's Executive Order 97-02.

Citation of Existing Rules Affected by this Order: Amending WAC 308-94A-005, 308-94A-010, 308-94A-015, 308-94A-020, 308-94A-025, and 308-94A-030.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 01-08-050 on April 2, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 6, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 6, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

June 8, 2001

Fred Stephens

Director

OTS-4739.2

AMENDATORY SECTION(Amending WSR 99-24-013, filed 11/22/99, effective 12/23/99)

WAC 308-94A-005   Certificates of ownership and registration.   (1) May I apply for a certificate of ownership for my off-road/nonhighway vehicle? Yes, you may apply for a certificate of ownership at your ((local)) Washington vehicle licensing office or through the department. If the vehicle is not eligible for road use, the certificate of ownership will show not eligible for road use.

(2) Do I have to purchase registration ((at the time of)) when applying for certificate of ownership? No, if you choose not to purchase registration ((at the time of)) when titling((,)) your vehicle, the record will be established without a road or off-road/nonhighway vehicle registration.

(3) What are the different ways I may register my off-road/nonhighway vehicle? You may register your off-road/nonhighway vehicle in one of the following ways:

(a) ((You may purchase registration for off-road/nonhighway use if the manufacturer's statement of origin or certificate of ownership indicates the vehicle is not eligible for road use.)) If the manufacturer's statement of origin or certificate of ownership indicates the vehicle is not eligible for road use, you may only purchase an off-road use permit (registration);

(b) If your vehicle ((qualifies)) is eligible for road use((,)) under chapter 46.16 RCW you ((can)) may purchase registration for road use ((on the road as a motorcycle, passenger vehicle, truck, etc.)) off-road use or both; or

(c) If ((you are going to operate your vehicle where an off-road vehicle use permit or license is required, and)) your vehicle is not licensed for off-road use, ((then)) you may purchase a temporary off-road vehicle permit ((for sixty days or annual off-road vehicle use permit (registration) and license without invalidating your regular road license. You are required to carry registrations on your person or on the vehicle and display license plate(s) with validating tabs assigned to those plates, and the decals with assigned validating tabs on the vehicle. The registrations may or may not expire at the same time)).

(4) What information does the department require I apply for an off-road/nonhighway vehicle use permit? An application for an off-road/nonhighway vehicle use permit must include the following:

(a) Name and address of the applicant;

(b) Off-road or nonhighway vehicle plate or registration number if registered in another state;

(c) Make and year of vehicle;

(d) Expiration date of the foreign state registration;

(e) Vehicle identification number;

(f) Appropriate fees; and

(g) Signature of the registered owner(s).

(5) Where do I carry the temporary or annual off-road/nonhighway ((temporary or annual vehicle)) use permit? ((The off-road/nonhighway temporary or annual vehicle use permit must be carried on the vehicle on which it was assigned at all times.)) The permit may be carried by the operator ((on his or her person)) or in a moisture proof protective case attached to the vehicle. The use permit must be made available at all times for inspection by any person having the authority to enforce the provisions of the Off-Road and Nonhighway Vehicle Act.

(((5))) (6) May I operate my off-road/nonhighway vehicle using a temporary or annual vehicle use permit on any dirt or gravel road, or trail in Washington? It is recommended you check with local, state, or federal authorities in the areas you intend to operate to insure you are operating in accordance with their requirements.

[Statutory Authority: RCW 46.01.110. 99-24-013, 308-94A-005, filed 11/22/99, effective 12/23/99.]

(2) Under what circumstances will the registration expiration date be changed? The ((registration)) expiration date ((shall)) of the off-road use permit will change when:

(a) It has been expired for more than one year ((and there is no change in ownership));

(b) The registration is expired at the time ownership is transferred and the new owner ((applies for an off-road/nonhighway annual use permit)) renews the registration;

(c) The registered owner requests 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 tab availability; or

(d) The vehicle has subsequently been registered, but no certificate of ownership has been issued, in another jurisdiction and:

(i) No change in ownership has occurred; and

(ii) The off-road/nonhighway vehicle is being registered again in Washington; ((or)) and

(iii) The previous Washington registration has expired ((for more than one year)).

(3) Can I get a refund for ((my)) the unused portion of my off-road/nonhighway ((annual)) use permit (registration)? No, there is no refund for the unused portion.

[Statutory Authority: RCW 46.01.110. 99-24-013, 308-94A-010, filed 11/22/99, effective 12/23/99.]

[Statutory Authority: RCW 46.01.110. 99-24-013, 308-94A-015, filed 11/22/99, effective 12/23/99.]

(a) Affixing the decals provided by the department to the right and left side or on the ((front and)) rear of the off-road vehicle. The decals ((shall)) must be visible at all times; or

(b) Painting the vehicle use permit number in a manner that is readily legible and visible at all times. The characters must be at least one-inch high with a minimum of one-eighth inch stroke and in a color contrasting with the background; and

(c) Reading from left to right; and

(d) Affixing the validation month tab issued by the department no more than two inches in front of the beginning of the annual use permit decal number; and

(e) Affixing the validation year tab no more than two inches following the last digit in the annual use permit decal number.

(2) ((If my off-road/nonhighway vehicle is registered for dual use, is the license plate required to be displayed?)) Is a license plate required if my off-road/nonhighway vehicle is registered for dual use? Yes, the license plate must be displayed in the same manner as required for highway use.

[Statutory Authority: RCW 46.01.110. 99-24-013, 308-94A-020, filed 11/22/99, effective 12/23/99.]

(1) Name and address of the applicant;

(2) Off-road or nonhighway vehicle plate or registration number if registered in another state;

(3) Make and year of vehicle;

(4) Expiration date of the foreign state registration;

(5) Vehicle identification number; ((and))

(6) Appropriate fees; and

(7) Signature of registered owner(s).

[Statutory Authority: RCW 46.01.110. 99-24-013, 308-94A-025, filed 11/22/99, effective 12/23/99.]

[Statutory Authority: RCW 46.01.110. 99-24-013, 308-94A-030, filed 11/22/99, effective 12/23/99.]

Washington State Code Reviser's Office