PERMANENT RULES
Date of Adoption: May 24, 2002.
Purpose: Meet criteria supporting Governor Locke's Executive Order 97-02.
Citation of Existing Rules Affected by this Order: Amending WAC 308-96A-101, 308-96A-110, and 308-96A-136.
Statutory Authority for Adoption: RCW 46.01.110, 46.16.276, 46.16.600.
Adopted under notice filed as WSR 02-08-036 on March 29, 2002.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 3,
Repealed 0;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Repealed 0;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Repealed 0.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.
May 17, 2002
Fred Stephens
Director
OTS-5563.1
AMENDATORY SECTION(Amending WSR 99-06-029, filed 2/24/99,
effective 3/27/99)
WAC 308-96A-101
Scale weight.
(1) What is scale weight?
Scale weight is the weight of a vehicle without a load.
(2) When does the department require the scale weight of my vehicle?
The department requires the scale weight of your vehicle when:
(a) The use class requires gross weight under RCW 46.16.070 and 46.16.090;
(b) The vehicle is a trailer;
(c) The use class is F/H (for hire) or STA (stage);
(d) The vehicle is powered by propane, natural gas or butane;
(e) There is a discrepancy between the scale weight on department records or supporting documents and the actual weight of the vehicle; or
(f) The vehicle has been structurally modified changing the empty weight.
(3) What ((sources)) does the department accept for scale
weight verification?
The department will accept:
(a) The shipping weight as shown on a manufacturer's statement/certificate of origin or factory invoice;
(b) A weight slip from a certified scale;
(c) Information provided by any nationally recognized electronic source, guidebook or other publication of recognized standing in the vehicle industry;
(d) Unladen or scale weight as shown on supporting documentation issued by another jurisdiction; or
(e) ((In extenuating circumstances and as)) Other sources
approved by the department((, either a weight slip from a
noncertified scale or an agreement reached between the applicant
and the department)).
[Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. 99-06-029, § 308-96A-101, filed 2/24/99, effective 3/27/99.]
A vehicle may be licensed as a private carrier bus as
described in RCW 46.04.416 without a ((load)) license based on
gross weight if it carries passengers without compensation and
is:
(1) Used by a hotel, resort or lodge to transport guests;
(2) Used by a parking service to transport parking customers to and from a transportation terminal or other destination;
(3) Used by its owner to transport an athletic team, an educational group, members of a religious organization, a show troupe or similar organization;
(4) Used by its owner to transport family, guests or employees;
(5) Used((,)) as a school bus by a private school not
accredited by the superintendent of public instruction.
[Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. 99-06-029, § 308-96A-110, filed 2/24/99, effective 3/27/99; Order MV-328, § 308-96A-110, filed 7/24/75.]
The department will issue a motorcycle series license plate for your moped when you make proper application.
The number on the license plate serves as the moped's registration number as required in RCW 46.16.630.
(2) How do I display ((my)) the license plate on my moped?
The license plate ((shall)) must be displayed on the rear of
your moped as provided in RCW 46.16.240.
(3) If my moped does not meet the standard criteria for a moped, can I get it licensed as such? A Washington state patrol inspection may be required before a license can be issued. The Washington state patrol has the discretion to inspect and define similar vehicles as mopeds. If the vehicle is similar to a moped, it must be identified as a moped by the Washington state patrol inspection before a license can be issued.
[Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. 99-06-029, § 308-96A-136, filed 2/24/99, effective 3/27/99. Statutory Authority: RCW 46.01.110. 97-07-013, § 308-96A-136, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, § 308-96A-136, 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-136, filed 5/28/87.]