PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-24-112.
Title of Rule: Chapter 308-93 WAC, Vessel registration and certificate of title, vessel title and registration enforcement measures.
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 88.02.070, 88.02.100.
Summary: Amending WAC 308-93-230, 308-93-270, and 308-93-280; repealing WAC 308-93-250; and new WAC 308-93-275.
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.
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 107, 1125 Washington Street S.E., Olympia, WA 98507, on December 27, 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 16, 2002.
November 15, 2001
D. McCurley, Administrator
Title and Registration Services
OTS-5332.1
AMENDATORY SECTION(Amending WSR 98-21-001, filed 10/8/98,
effective 11/8/98)
WAC 308-93-230
Procedure for perfecting security interest.
(1) How is the security interest in a vessel perfected?
A security interest in a vessel for which a certificate of ownership is required is perfected only by compliance with the requirements of RCW 46.12.095 as provided for vehicles and WAC 308-93-069 and 308-93-070 as provided for vessels.
(2) What ((is the application fee)) fees are charged for
adding, deleting or changing a secured party?
The application fee is one dollar ((and the appropriate
filing fee)). A filing fee is due for each transaction and an
additional service fee is charged if a licensing subagent
processes the transaction.
(3) What is the secured party's obligation when the lien has been satisfied?
((The)) When a certificate of ownership is required, the
secured party ((shall)) must comply with RCW 46.12.170 as
provided for vehicles, ((except the application fee is one
dollar,)) and WAC 308-93-069 and 308-93-070 as provided for
vessels and pay the required fees.
(4) What is the secured party's obligation when the lien has been satisfied due to the sale of the vessel?
The secured party shall comply with RCW 46.12.101 as provided for vehicles and WAC 308-93-069 and 308-93-070 as provided for vessels.
(5) Is the secured party liable for the acts of the vessel owner?
No. The secured party is not liable or responsible for any act or contract made by the vessel owner or by any person representing the vessel owner.
[Statutory Authority: RCW 88.02.070 and 88.02.100. 98-21-001, 308-93-230, filed 10/8/98, effective 11/8/98; 92-24-035, 308-93-230, filed 11/25/92, effective 12/26/92. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-230, filed 11/18/83.]
Yes. The suspension, cancellation, or refusal by the
department of any registration or certificate of title provided
for in chapter 88.02 RCW and chapter 250, Laws of 1984, or
chapter 308-93 WAC ((shall)) will be conclusive unless the person
whose registration or certificate is suspended, canceled, or
refused appeals to the superior court of Thurston County, or to
the superior court of the county of the person's residence, for
the purpose of having the suspension, cancellation, or refusal of
such registration or certificate set aside. Notice of appeal
must be filed within ten days after receipt of the notice of
suspension, cancellation, or refusal. Upon the filing of the
notice of appeal the court ((shall)) must issue an order to the
department to show cause why the registration should not be
granted or reinstated, which order ((shall)) must be
((returnable)) returned not less than ten days after the date of
service thereof upon the department. Service ((shall)) must be
in the manner prescribed for service of summons and complaint in
other civil actions.
((Upon)) At the hearing on the order to show cause, the
court ((shall)) will hear evidence concerning matters with
reference to the suspension, cancellation, or refusal of the
registration or certificate and ((shall)) will enter judgment
either affirming or setting aside such suspension, cancellation,
or refusal.
[Statutory Authority: RCW 88.02.070 and 88.02.100. 99-03-002, 308-93-270, filed 1/7/99, effective 2/7/99; 84-13-086 (Order TL-RG-2), 308-93-270, filed 6/21/84. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-270, filed 11/18/83.]
An abandoned vessel may be disposed of in several ways, depending upon where it is abandoned.
(1) Vessel abandoned adrift.
The watercraft adrift laws (chapter 79A.60 RCW) provide details for disposing of vessels abandoned on water.
(a) In addition to other documents required by law or rule, the following documents are required when applying for a certificate of ownership to a vessel that was abandoned adrift.
(i) A copy of the court order authorizing the sale of the abandoned vessel;
(ii) A bill of sale from the entity selling the vessel; and
(iii) A properly completed and notarized/certified vessel data form unless a completed vessel title application is submitted in lieu of the vessel data form.
(2) Vessel abandoned on land.
(a) A vessel abandoned on land may be disposed of by one of the following:
(i) The lost and found property laws in chapter 63.21 RCW; or
(ii) The unclaimed property in hands of city police (chapter 63.32 RCW); or
(iii) Unclaimed property in the hands of Washington state patrol (chapter 63.35 RCW); or
(iv) Unclaimed property in hands of sheriff (chapter 63.40 RCW).
(b) Documents needed to apply for a certificate of ownership for vessel that was abandoned on a highway of this state and towed by a registered tow truck operator. Vessels that are:
(i) Registered with the department; and
(ii) Found abandoned on a highway of this state; and
(iii) Towed by a registered tow truck operator
are subject to the requirements of the abandoned vehicle laws (chapter 46.55 RCW). The vessel may be sold using an abandoned vehicle report as proved in chapter 46.55 RCW. A properly completed and notarized/certified vessel data form is required upon application for certificate of ownership unless a completed vessel title application is submitted in lieu of the vessel data form.
(3) Vessel considered abandoned at a moorage facility.
A vessel moored in a moorage facility is considered abandoned when the vessel owner fails to pay the port charges owed.
Publicly owned moorage facilities attempting to dispose of a vessel for failure of the owner to pay port charges must follow the requirements of RCW 53.08.320. Privately owned moorage facilities attempting to dispose of a vessel for failure of the owner to pay port charges must follow the requirements of RCW 88.26.02.
[]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 99-03-002, filed 1/7/99,
effective 2/7/99)
WAC 308-93-280
Hull identification numbers.
(1) Is a hull
identification number required to use a vessel on the waters of
Washington state?
Yes. A hull identification number is required on any vessel that is used on the waters of this state unless application for hull identification number has been made and issuance of the hull identification number is pending.
(2) ((When would a hull identification number (HIN) need to
be assigned by the department?
The HIN needs to be assigned at the time of application through the vehicle field system whenever the HIN has been altered, removed, obliterated, defaced, omitted, or is otherwise absent.
(3) How is the department assigned HIN affixed to the vessel?
(a) The number shall be clearly imprinted or otherwise permanently affixed above the waterline in such a way that alteration, removal, or replacement would be obvious or evident; and
(b) The number shall be at least one quarter of an inch in height and shall be placed on:
(i) The outboard starboard side of the transom; or
(ii) The outermost starboard side at the end of the hull that bears the rudder or other steering mechanism, if there is no transom.
(4) Can the previous HIN be reaffixed?
At the department's discretion, it may authorize the vessel owner to reaffix the HIN.
(5))) Is it unlawful to destroy, remove, alter, cover or deface the HIN?
Yes. It is unlawful for a person, firm, association or corporation to destroy, remove, alter, cover or deface a HIN.
(3) When is the hull identification number (HIN) assigned by the department?
If a HIN is not affixed during manufacture, a HIN is assigned by the vehicle field system at the time of application for registration, whenever the HIN has been:
(a) Altered;
(b) Removed;
(c) Obliterated;
(d) Defaced;
(e) Omitted; or
(f) Is otherwise absent.
If the model year of the vessel is a 1985 or newer, then the HIN will be verified via the manufacturer's statement of origin (MSO).
(4) How is the department assigned HIN affixed to the vessel?
(a) The HIN must be clearly imprinted or otherwise permanently affixed above the waterline in such a way that alteration, removal, or replacement would be obvious or evident; and
(b) The HIN must be at least one quarter of an inch in height and shall be placed on:
(i) The outboard starboard side of the transom; or
(ii) The outermost starboard side at the end of the hull that bears the rudder of other steering mechanism, if there is no transom.
(5) Can the previous HIN be reaffixed?
The department may authorize the vessel owner to reaffix the HIN.
(6) If a HIN is missing on a vessel that is abandoned on or along a public highway, may the vessel be processed through the abandoned vehicle process?
Yes((. The department will assign a HIN at the time the
purchaser applies for certificate of ownership.
(6) Is it unlawful to destroy, remove, alter, cover or deface the HIN?
Yes. It is unlawful for a person, firm, association or corporation to destroy, remove, alter, cover or deface a HIN.)), if a certificate of ownership/registration has been issued. If not, then vessels abandoned on or along the public highways may not be processed through the abandoned vehicle statute (chapter 46.55 RCW). Such vessels are considered personal property and must be disposed of in accordance with chapters 63.32, 63.35 and 63.40 RCW.
[Statutory Authority: RCW 88.02.070 and 88.02.100. 99-03-002, 308-93-280, filed 1/7/99, effective 2/7/99. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-280, filed 11/18/83.]
The following section of the Washington Administrative Code is repealed:
| WAC 308-93-250 | Secured party not liable for acts of vessel owner. |