EMERGENCY RULES
Date of Adoption: July 1, 2001.
Purpose: Chapter 125, Laws of 2001 regular session.
Citation of Existing Rules Affected by this Order: Amending WAC 308-56A-115, 308-56A-150, and 308-56A-460.
Statutory Authority for Adoption: Chapter 46.12 RCW.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Implementation of requirements of HB 2029, remove the requirement for vehicle inspections in specific cases.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;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Repealed 0;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Repealed 0.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:
Immediately.
June 28, 2001
Fred Stephens
Director
OTS-4922.2
AMENDATORY SECTION(Amending WSR 99-01-014, filed 12/7/98,
effective 1/7/99)
WAC 308-56A-115
Vehicles from jurisdiction other than
Washington.
(1) What ownership documents are required to title
and license a vehicle not currently titled or licensed in the
state of Washington?
(a) If the vehicle was acquired from an agency of the United States government, the original or a copy of the bill of sale issued by the United States government must accompany the application for certificate of ownership.
(b) If a vehicle is titled in another state, the application for certificate of ownership must be accompanied by the most current title issued by that state. The department will accept a copy of the current title when it is being held by the lien holder and is not available.
(c) If a vehicle is titled in another country, the application for certificate of ownership must be accompanied by the most current title issued by that jurisdiction. If the country from which the vehicle is imported cancels the vehicle title and/or registration for export, the application for certificate of ownership must be accompanied by documents showing proof of ownership and evidence of the cancellation.
(d) If a member of the United States armed forces owns the vehicle and the vehicle has been registered by the United States government military entity, the application for certificate of ownership shall be accompanied by the registration certificate as proof of ownership. If there is a lien holder, the United States armed forces member must contact the lien holder and obtain a copy of the ownership documents being held.
(2) What ownership documents are required to obtain a certificate of ownership for a vehicle from a jurisdiction that by policy or law does not title or register certain classes of vehicles based on age, type, or other criteria?
If the vehicle is from a jurisdiction that by policy or law does not title a specific vehicle, but does register it, the department will accept the registration as an ownership document. If the applicant is not the owner shown on the registration, a bill of sale or release of interest is also required. If the vehicle is from a jurisdiction that neither registers nor titles, the department will accept a statement from the applicant certifying when and where they purchased the vehicle, and that the previous jurisdiction does not title or register this type of vehicle. If the applicant is not the owner of the vehicle that was brought in from such jurisdiction, a bill of sale is required, and the statement certifying how the vehicle was acquired. The Washington certificate of ownership may contain a special notation if issued under these circumstances. If the bill of sale is not available, ownership in doubt procedures from WAC 308-56A-210 apply.
(3) What ownership documents are required to title a vehicle from a jurisdiction which has refused to issue a title document for a specific vehicle?
If the jurisdiction has refused to issue title, Washington will require the customer to comply with ownership in doubt procedures from WAC 308-56A-210. In those cases where a title was refused for reasons not applicable to Washington, the department may consider issuing a title with the appropriate documentation.
(4) What additional documentation is required if my vehicle is from a foreign country?
In addition to the ownership document, the application for certificate of ownership must be accompanied by:
(a) An approved United States Department of Treasury Customs Service form properly executed authorizing the vehicle entry into this country. Applications for certificate of ownership for vehicles imported from Puerto Rico need not be accompanied by a customs document;
(b) ((A certificate of inspection signed by an authorized
inspector as described in WAC 308-56A-150;
(c))) An English translation for any document provided which is not in the English language. The translator shall provide a notarized/certified affidavit attesting to the accuracy of the translation; and
(((d))) (c) A release of interest from the owners shown on
the ownership documents, as provided in WAC 308-56A-210, if the
applicant is not the owner shown.
(5) What if my vehicle does not pass the EPA?
If the vehicle does not conform with all applicable federal motor vehicle safety standards or federal air pollution control regulations, and the United States Customs Service will not issue a custom document, the department will not issue a certificate of ownership or registration for the vehicle.
(6) What if there is no indication that my vehicle is from a nontitle or nonregistration jurisdiction, and no other jurisdiction has a record of my vehicle?
If there is no indication that your vehicle is from a nontitle or nonregistration jurisdiction, and no jurisdiction has a record for your vehicle, you need to follow ownership in doubt procedures in WAC 308-56A-210.
[Statutory Authority: RCW 46.01.110. 99-01-014, 308-56A-115, filed 12/7/98, effective 1/7/99; 93-14-084, 308-56A-115, filed 6/30/93, effective 7/31/93; Order MV 208, 308-56A-115, filed 7/31/74.]
(a) ((From a state, jurisdiction or province other than
Washington;
(b))) Reported destroyed since the last certificate of ownership was issued;
(((c))) (b) A homemade, assembled, or rebuilt vehicle not
previously titled as such;
(((d))) (c) One whose identification number needs
verification as requested by the department, county auditor, or
authorized agent, for example, if there is a reason to believe
the vehicle identification number has been removed, defaced,
altered, destroyed, or if it has become illegible or is missing;
(((e))) (d) One with a structural change in, or modification
of, body or frame changing the class designation or body type
currently shown on the record;
(((f))) (e) A used vehicle and no Washington record can be
found;
(((g))) (f) A kit vehicle not previously titled as such (if
no vehicle identification number previously assigned);
(((h))) (g) A street rod not previously titled as such;
(((i))) (h) A glider kit not previously titled as such; ((or
(j))) (i) Questionable as to ownership;
(j) One which the Washington crime information center (WACIC) or National Crime Information Center (NCIC) indicates may be stolen; or
(k) One of which the WACIC/NCIC has failed to respond to the stolen vehicle search required by chapter 46.12 RCW.
(2) ((Is a fee always charged for a certificate of vehicle
inspection? No, a fee may be charged when a vehicle has been
referred for inspection for any reason other than subsection (1)
of this section; and a fee may also be charged if the request for
inspection is made by a commissioned law enforcement officer, an
employee of the department of licensing, a vehicle license agent
or other competent inspecting agency designated by the
director.)) What fee is charged for a Washington state patrol VIN
inspection? The VIN inspection fee is fifty dollars as
authorized by chapter 46.12 RCW unless:
(a) The out-of-state fee authorized by chapter 46.12 RCW has been collected on the same application; or
(b) The Washington state patrol or the department has determined that the fee is not due.
(3) Who is authorized to perform a vehicle inspection? Vehicle inspections may be performed by:
(a) The Washington state patrol;
(b) Other competent inspecting agencies designated by the
director if the vehicle is located in a foreign state or
((province)) country and the requirement for inspection by the
Washington state patrol will cause undue hardship.
(4) How long is a vehicle certificate of inspection valid? The vehicle certificate of inspection is valid for the following periods of time after the inspection date:
(a) Thirty days for vehicles:
(i) Reported destroyed;
(ii) Homemade, assembled, rebuilt, street rods, kit vehicles and glider kits;
(iii) If the identification number needs verification, has been removed, defaced, altered, destroyed, illegible or missing;
(iv) With structural change in, or modification of, body or frame changing the class designation or body type;
(v) Referred for inspection for any reason not listed.
(b) Sixty days for vehicles:
(i) From a foreign jurisdiction;
(ii) With no Washington record or no manufacture statement of origin/manufacture certificate of origin.
(c) One year for vehicles required to be inspected under
subsection (1)(a) through (((i))) (k) of this section and held
for sale by a licensed dealer.
(5) Where is the vehicle identification number inspection certificate provided by the Washington state patrol (WSP) valid? In accordance with WSP rules, the inspection certificate provided by the WSP is valid only in Washington state unless otherwise specified by the Washington state patrol.
(6) Why are the words "register" and "registered" used in place of "title" and "titled" in chapter 125, Laws of 2001? The words "register" and "registered" are used in place of "title" and "titled" in chapter 125, Laws of 2001 because RCW 46.12.010 requires vehicles registered in this state to also have a certificate of ownership. For the purposes of section 3, chapter 125, Laws of 2001, the registration process is not complete until it is confirmed that the vehicle is not stolen. Certificates of ownership will not be issued and the license tabs and registration certificate shall be invalid for vehicles which have been confirmed stolen.
[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 99-21-098, 308-56A-150, filed 10/20/99, effective 11/20/99. Statutory Authority: RCW 46.01.110. 97-07-014, 308-56A-150, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 91-04-024, 308-56A-150, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.110. 85-06-011 (Order TL/RG 11), 308-56A-150, filed 2/22/85; Order MV 208, 308-56A-150, filed 7/31/74.]
(a) A destroyed vehicle means vehicles of any age that have been reported wrecked or destroyed by the owner, licensed wrecker, scrap processor or insurance company and includes salvage vehicles as defined in RCW 46.12.005; and
(b) A wrecked vehicle is defined in RCW 46.80.010(4).
(2) Who may report destroyed or wrecked vehicles and how are those vehicles reported to the department? Destroyed vehicles may be reported to the department by:
(a) Insurance companies. A vehicle becomes insurance destroyed under RCW 46.12.070 when:
(i) An insurance company in possession of a certificate of ownership to a destroyed vehicle submits to the department the current certificate of ownership indicating the vehicle is "DESTROYED," the insurance company name and address and the date of loss; or
(ii) The Total Loss Claim Settlement form (TD 420 074) completed in its entirety is received by the department (settlement is defined in subsection (4) of this section).
(b) Government or self-insured entities: Any government agency or self-insured entity reports the vehicle is a total loss by indicating on the certificate of ownership or affidavit of loss/release of interest that the vehicle is "DESTROYED" and, the date of loss. The document shall be submitted to the department.
(c) Other owners (owner destroyed); and
A vehicle is considered destroyed by an individual when:
(i) The individual submits to the department the certificate of ownership, properly released by the registered and/or legal owner(s), when applicable, and indicates on the face of the ownership document "DESTROYED," the date and location of destruction on the front of the certificate of ownership; or
(ii) The owner submits an affidavit of loss/release of interest with a notation on the document in the same manner as (c)(i) of this subsection; and
(iii) A written statement indicating the vehicle has been destroyed, to include year, make, model, and vehicle identification number.
(d) Washington licensed vehicle wreckers. A vehicle becomes wrecker destroyed when the Washington licensed wrecker submits a written report to the department as required in RCW 46.80.090.
(3) After the certificate of ownership has been surrendered, how do I sell my destroyed vehicle? After the certificate of ownership has been surrendered, you may sell your destroyed vehicle in the following ways:
(a) After the vehicle has been reported destroyed under RCW 46.12.070, the insurer using a bill of sale instead of a release of interest on a certificate of ownership may sell the vehicle. The bill of sale shall be signed by a representative of the insurer and provide their title of office. The representative's signature need not be notarized.
(b) After a vehicle has been reported destroyed under RCW 46.12.070 and the registered owner retains the vehicle, the vehicle may be sold in its present condition using a bill of sale. The bill of sale must be signed by the owner and the owner's signature must be notarized.
(c) A motor vehicle wrecker licensed under chapter 46.80 RCW may utilize a bill of sale issued in accordance with (a) and (b) of this subsection in lieu of a certificate of ownership to comply with RCW 46.80.090.
(4) When is an insurance claim considered settled? For the purpose of this section, those vehicles described in RCW 46.12.070, the settlement of an insurance claim as a total loss, less salvage value shall mean the date on which an insurance company actually makes payment to the claimant for the damage.
(5) If a vehicle has been reported to the department as destroyed or wrecked, may the license plate(s) remain with the vehicle? Depending on the situation the vehicle license plates may stay with the vehicle:
(a) If the vehicle has been reported insurance destroyed, regular vehicle license plates may remain with the vehicle.
(b) If the owner of record has reported the vehicle as destroyed, regular vehicle license plates may remain with the vehicle.
(c) If the vehicle has been reported destroyed by a Washington licensed wrecker, new vehicle license plates are required since the Washington licensed vehicle wrecker must remove the current license plates as required by WAC 308-63-070(7).
(6) What is required of a Washington licensed vehicle dealer before they can sell a vehicle that has been reported destroyed or wrecked? Except as permitted by RCW 46.70.101 (1)(b)(viii) before a vehicle dealer may sell a destroyed or wrecked vehicle under their Washington vehicle dealer license, the dealer must:
(a) Rebuild the vehicle to standards set by the state of Washington or the federal government pertaining to the construction and safety of vehicles; and
(b) Obtain a Washington state patrol inspection; and
(c) Apply for and receive a certificate of ownership for the vehicle, issued in the name of the vehicle dealer.
(7) What does "REBUILT" mean on a Washington certificate of ownership? The "REBUILT" designation, as required by RCW 46.12.075, on a vehicle certificate of ownership means that the vehicle is of a model year that is less than six years before the calendar year in which the vehicle was wrecked, destroyed, or damaged and has been reported as destroyed under RCW 46.12.070 or 46.80.010(4) and the vehicle has been rebuilt and inspected under RCW 46.12.030.
(8) For a vehicle described in subsection (7) of this section, will the certificate of ownership and registration always indicate "REBUILT"? Yes, the certificate of ownership and registration shall prominently display a "REBUILT" designation on the front of the document. This designation will continue to appear on every subsequent certificate of ownership and registration issued for this vehicle.
(9) If I purchase a vehicle that has been reported to the
department as wrecked/destroyed/salvaged or a total loss and has
not been retitled, what documentation ((is)) and fees are
required to get a certificate of ownership? The documentation
required to ((apply for)) obtain a certificate of ownership after
the vehicle's destruction ((is)) are:
(a) All ((other)) documents and fees required by chapters
46.01 ((and)), 46.12 and 46.16 RCW; and
(b) A notarized/certified release of interest or a notarized/certified bill of sale from the owner of the vehicle transferring ownership, except that a bill of sale from a licensed vehicle wrecked or insurer need not be notarized or certified;
(c) An inspection by the Washington state patrol or other person authorized by the director to perform vehicle inspection;
| Note: | Receipts of all parts used for reconstruction of the vehicle need to be kept and made available upon request at the time of inspection. |
[Statutory Authority: RCW 46.01.110 and 46.12.070. 00-06-025, 308-56A-460, filed 2/23/00, effective 3/25/00. Statutory Authority: RCW 46.01.110. 92-15-024, 308-56A-460, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 46.01.110 and 46.12.070. 91-04-025, 308-56A-460, filed 1/29/91, effective 3/1/91; Order MV 208, 308-56A-460, filed 7/31/74.]