Original Notice.

Preproposal statement of inquiry was filed as WSR 00-08-043.

Title of Rule: Chapter 308-96A WAC, Vehicle licenses.

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 46.12.381.

Summary: Amending WAC 308-96A-306, 308-96A-311, 308-96A-312, 308-96A-313, 308-96A-314, and 308-96A-316.

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: Lynda Henriksen, 1125 Washington Street S.E., Olympia, (360) 902-3811.

Name of Proponent: , governmental.

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 business 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-Licenses Building, Conference Room 406, 1125 Washington Street S.E., Olympia, WA 98507, on December 26, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by December 21, 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 December 21, 2001.

Date of Intended Adoption: January 15, 2002.

November 8, 2001

D. McCurley, Administrator

Title and Registration Services

OTS-5324.1

AMENDATORY SECTION(Amending WSR 00-16-056, filed 7/26/00, effective 8/26/00)

WAC 308-96A-306   Definitions -- Disabled person special parking privileges.   For the purposes of determining eligibility for special disabled person parking placards and license plates, the following definitions apply:

(1) For the purposes of determining eligibility for certifying disabled person parking privileges under RCW 46.16.381, "licensed physician" ((means, for the purpose of determining the disability that limits the ability to walk and meets the criteria set forth in RCW 46.16.381(1),)) is a health care provider ((licensed by the department of health to provide health care whose scope of practice includes those areas covered in the statute. Licensed physician includes chiropractic physicians, naturopaths, medical doctors, advanced registered nurse practitioners, osteopathic physicians and podiatric physicians)) to include: Chiropractor (DC), naturopath (ND), physician or surgeon (MD or DO), advanced registered nurse practitioner (ARNP), podiatrist (DPM). Licensed physician does not include persons licensed in the professions of dentistry and optometry.

(2) "Permanent" means a licensed physician has certified that the qualifying disability condition is expected to last at least five years.

(3) "Permit" means the eligibility for the temporary or permanent placard or special license plate(s) and identification card.

(4) "Identification card" means the identification card referred to in RCW 46.16.381(3).

(5) "Private carriers" means those entities contracting with public transportation authorities to transport persons with disabilities described in RCW 46.16.381.

(6) "Privilege" means the right to utilize the benefits associated with the permit.

(7) (("Expiration date" means:

(a) The last day of the month specified on a temporary placard; or

(b) Not less than five years from the month and year of issuance of a permanent placard, as specified by the department on the placard.

(8))) "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.

(((9))) (8) "Signature" means any memorandum, mark, or sign made with intent to authenticate an application for a placard, or the subscription of any person thereto as provided in RCW 9A.04.110(23).

(((10))) (9) "Application" means the form provided by the department that must be completed by the individual and physician or the form that must be completed by the organization.

[Statutory Authority: RCW 46.16.381. 00-16-056, 308-96A-306, filed 7/26/00, effective 8/26/00. Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-306, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-306, filed 10/29/98, effective 10/29/98. Statutory Authority: RCW 46.01.110. 97-02-001, 308-96A-306, filed 12/19/96, effective 1/19/97. Statutory Authority: RCW 46.01.110 and 46.16.276. 92-03-076, 308-96A-306, filed 1/14/92, effective 2/14/92. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-306, filed 5/28/87.]

In order to qualify for a disabled person parking privilege, a licensed physician must certify that you have a disability that limits or impairs the ability to walk and that you meet one of the requirements listed in RCW 46.16.381 (1)(a) through (g). The physician's certification is required for original applications and renewal applications submitted between June 1, 1998, and June 10, 2003. After June 10, 2003, only original applications will require the licensed physician's certification.

(2) What types of placards are issued?

The types of placards you may receive are:

(a) Temporary; or

(b) Permanent.

(3) How do I apply for a disabled person parking privilege?

To apply for the disabled person parking privilege, a licensed physician must complete and certify his or her portion of the application. Then, you must complete and sign your portion of the application and submit it to the department as provided in WAC 308-96A-312 (temporary placard), WAC 308-96A-313 (permanent placard) or WAC 308-96A-314 (special license plates).

(4) Who may sign the application for the disabled person that is unable to sign or is a minor?

When the disabled person is unable to sign or is a minor. The application may be signed by an authorized representative of the disabled person. The application ((shall)) must then be accompanied by a copy of one of the following:

(a) A power of attorney;

(b) A Washington state court order or certification from the clerk of court confirming the court's action; or

(c) An affidavit explaining why the applicant is unable to sign and explaining the signing person's association with the applicant. Example: Signature, Jane Doe, daughter.

(5) When is the disabled person parking privilege no longer valid?

The disabled person parking privilege is no longer valid:

(a) Upon expiration of the privilege;

(b) Upon death of the disabled person;

(c) If the disability no longer exists; or

(d) If the privilege was issued in error.

(6) Why is the identification card issued?

The identification card is issued to assist law enforcement in determining that the person who is using the disabled person parking placard or disabled person special license plate is the person to whom the privilege was issued.

(7) Must I present the identification card upon request of law enforcement? Yes.

(a) Your identification card must be shown upon request of any law enforcement officer, parking enforcement officer or volunteer appointed for purposes of issuing notices of parking infractions.

(b) If you have just applied for and not yet received an ID card, show the receipt you received at the time of application.

[Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-311, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-311, filed 10/29/98, effective 10/29/98.]

You may obtain a temporary disabled person parking placard issued to a person with a temporary disability at Washington vehicle licensing offices by submitting a completed and signed application certified by a licensed physician. ((You will receive your identification card in the mail.)) Identification cards are automatically applied for at the time the disabled placard is issued and will be mailed to you.

(2) How long is the temporary disabled person parking ((placard and identification card issued to a person with a temporary disability)) privilege valid?

The temporary disabled person parking placard and identification card issued to a person with a temporary disability is valid for up to six months from the date of issuance by the department.

(3) Can my temporary disabled person parking ((placard and identification card issued to a person with a temporary disability)) privilege be extended?

((No.)) If your condition continues beyond the expiration date, you may obtain approval for a new temporary disabled person parking placard and identification card ((issued to a person with a temporary disability)) by submitting a new application completed and ((signed new application)) certified by a licensed physician.

(4) What happens if the temporary disabled person parking placard or identification card ((issued to a person with a temporary disability)) is lost, mutilated, destroyed, or stolen?

If you wish to replace your temporary disabled person parking placard or identification card, ((issued to a person with a temporary disability,)) complete and sign a statement explaining what happened to the placard or identification card. A new temporary disabled person parking placard or identification card ((issued to a person with a temporary disability)) will be issued indicating the original expiration date.

(5) When is the temporary disabled person parking placard and identification card issued to a person with a temporary disability no longer valid?

The placard and identification card are no longer valid:

(a) Upon expiration of the privilege;

(b) Upon death of the disabled person;

(c) If the disability no longer exists;

(d) If a replacement placard and identification card has been issued; or

(e) If the privilege was issued in error.

(6) What should I do when my temporary placard and identification card issued to a person with a temporary disability are no longer valid?

When your temporary placard and identification card ((issued to a person with a temporary disability)) are no longer valid, they should be destroyed.

[Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-312, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-312, filed 10/29/98, effective 10/29/98.]

Disabled persons parking placards for persons with a permanent disability are issued at Washington vehicle licensing offices. Identification cards may be applied for at the time the disabled placard is issued and will be mailed to you.

(2) When do disabled person parking placard(s) expire?

Disabled person parking placard(s) issued to persons with a permanent disability are issued for ((not less than)) five years ((from the month and year of issuance,)) and expires on the last day of the month specified on the placard. Example: If a permanent placard is marked to expire in May 2003, it expires on May 31, 2003.

(3) What happens if the disabled person parking placard or identification card issued to persons with a permanent disability is lost, mutilated, destroyed, or stolen?

If you wish to replace your permanent disabled person parking placard or identification card ((that was issued to persons with a permanent disability)), complete and sign a statement explaining what happened to the placard or identification card. A ((new)) replacement disabled person parking placard or identification card will be issued indicating the original expiration date. The identification card will be mailed to you. Upon replacement of the placard and/or identification card, the original is no longer valid and should be destroyed if located.

(4) How do I renew my permanent disabled person parking placard(s) ((that were issued to persons with a permanent disability))?

The department will mail you a renewal notice to qualifying individuals prior to privilege expiration. ((The parking placard issued to persons with a permanent disability is renewed by submitting)) You may submit a completed renewal notice or new application ((with existing identification card at)) to a Washington vehicle licensing office to renew the parking placard. You will receive new disabled person parking placard(s) ((that was issued to persons with a permanent disability and)). You will receive a new identification card in the mail.

(5) When are the disabled person parking placard(s) issued to persons with a permanent disability no longer valid?

The disabled person parking placard issued to persons with a permanent disability is no longer valid:

(a) Upon expiration of the placard;

(b) Upon death of the disabled person;

(c) If the disability no longer exists;

(d) If the privilege was issued in error; or

(e) If a replacement parking placard issued to persons with a permanent disability has been issued.

(6) What do I receive when I apply for a disabled person parking privilege ((for my permanent disability))?

You may receive:

(a) One placard; or

(b) One set of special license plates for one vehicle which is registered in the name of the disabled person; or

(c) One placard and one set of special license plates; or

(d) Two placards.

(7) How do I obtain a second disabled person parking placard?

If you have only one permanent disabled person parking placard and no special disabled license plate, you may obtain a second placard upon written request.

[Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-313, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-313, filed 10/29/98, effective 10/29/98.]

Disabled person special license plates are available at Washington vehicle licensing offices only. You will receive the identification card in the mail.

(2) How do I obtain disabled person special license plates?

((In order)) To receive disabled person special license plates:

(a) Your name must be shown on the department's record as being a registered owner of the vehicle; and

(b) You must ((submit a completed application)) be certified by a licensed physician as having a permanent disability or have a disabled person parking privilege established with the department.

(3) When do the disabled person special license plates and identification card expire?

The disabled person special license plate carries the expiration date of your vehicle registration and must be renewed annually. The privilege to use the disabled person special license plate expires five years from the month of issuance of the privilege.

(4) When are the disabled person special license plates no longer valid?

The disabled person special license plates are no longer valid when:

(a) The plates expire;

(b) The privilege expires;

(c) Upon death of the disabled person;

(d) If the disability no longer exists; ((or))

(e) The disabled person special license plates have been cancelled by department administrative action; ((or))

(f) If the privilege was issued in error; or

(g) If the disabled person is no longer shown on the department's record as being a registered owner of the vehicle.

(5) How do I replace a disabled person special license plates if they become lost, mutilated, destroyed, or stolen?

You shall complete and sign a statement explaining what happened to the disabled person special license plates. ((New)) Replacement special disabled person license plates will be issued indicating the current expiration date. This voids the previously issued plates.

[Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-314, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-314, filed 10/29/98, effective 10/29/98.]

Qualifying organizations may only use disabled person special license plates or disabled person parking placards when transporting any person who meets the criteria under RCW 46.16.381(1).

(2) How does an organization qualify for disabled person special license plates and permanent disabled person parking placards?

The organization must:

(a) Meet the criteria in RCW 46.16.381(3);

(b) Report the status of each permanent disabled person parking placard or disabled person special license plate to the department by April 30th each year.

(3) How does a qualifying organization apply for disabled person special license plates and permanent disabled person parking placards?

The organization must submit a properly completed disabled person parking privileges organization application to the department with appropriate documentation as indicated on the application.

(4) What may a qualifying organization receive when approved for disabled person parking privileges?

(a) Disabled person special license plates may be issued for vehicles registered to the organization.

(b) Disabled person parking placard(s).

An organization may receive up to ninety-nine placards based on their legitimate business requirements. The department may approve exceptions.

(5) Where does a qualifying organization obtain disabled person parking placard(s) or disabled person special license plates?

A qualifying organization may obtain permanent disabled person parking placard(s) and disabled persons special license plates at a Washington vehicle licensing office.

(((5))) (6) Is a qualifying organization issued an identification card?

No. An identification card ((shall)) will not be issued for an organization.

(((6))) (7) When does the permanent disabled person parking placard(s) issued to a qualifying organization expire?

The permanent disabled person parking placard(s) expires five years from the date of issuance. On the last day of the month specified on the placard. Example: If the placard is marked to expire in May 2003, it expires May 31, 2003.

(((7))) (8) When ((do)) are the disabled person special license plates issued to a qualifying organization no longer valid?

The disabled person special license plates are no longer valid when:

(a) The plates expire;

(b) The privilege expires;

(c) The vehicle is no longer being used for the purpose of transporting disabled persons;

(d) The disabled person special license plates have been cancelled by department administrative action;

(e) The organization no longer qualifies;

(f) The organization's business license is cancelled or expires; ((or))

(g) If the privilege was issued in error; or

(h) If the organization fails to return the annual report.

(((8))) (9) How does a qualifying organization replace permanent disabled person parking placards or disabled person special license plates if they become lost, mutilated, destroyed, or stolen?

The organization shall complete and sign a statement explaining what happened to the placards or disabled person special license plates. ((New)) Replacement permanent disabled person parking placards or disabled person special license plates will be issued indicating the current expiration date. This voids the previously issued permanent placards or plates.

(((9))) (10) How does a qualifying organization renew their permanent disabled person parking placard?

The department will send a disabled person parking renewal notice to the qualifying organization before the privilege expires. The privilege is renewed by submitting the completed and signed renewal notice ((to the department.)) or a new application may be submitted in lieu of the renewal notice. Upon ((receipt)) approval of the properly completed and signed renewal notice or application the department will issue new placards.

(((10))) (11) When are the disabled person parking placards, issued to qualifying organizations, no longer valid?

Disabled persons parking placards are no longer valid when:

(a) The organization no longer qualifies;

(b) The organization's business license is canceled or expires;

(c) The placard ((or disabled person special license plates were)) was issued in error; ((or))

(d) A replacement has been issued; or

(e) If the organization fails to return the annual report.

[Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-316, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-316, filed 10/29/98, effective 10/29/98.]

Washington State Code Reviser's Office