WSR 03-01-013

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed December 5, 2002, 1:48 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-14-003.

     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 46.01.110.

     Summary: Amending WAC 308-96A-021 Replacement plates -- Requirements; new WAC 308-96A-047 Cooper Jones/Share the road license plate emblems affixed to license plate; and repealing WAC 308-96A-177 Replacement of license plates.

     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:

     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 January 22, 2003, at 1:30 p.m.

     Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez, 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 January 21, 2003.

     Date of Intended Adoption: February 19, 2003.

December 4, 2002

D. McCurley, Administrator

Title and Registration Services

OTS-6088.1


AMENDATORY SECTION(Amending WSR 98-19-075, filed 9/21/98, effective 10/22/98)

WAC 308-96A-021   Replacement plates -- Requirements.   (1) How do I obtain replacement plate(s)?

     You obtain replacement plate(s) by applying, either in person or by mail, to a Washington vehicle licensing office.

     (2) When do I need to replace my plate(s)?

     You need to replace your plate(s) if:

     (a) Your plate(s) are lost, stolen, destroyed, or mutilated; or

     (b) The primary use of your vehicle has changed requiring new plate(s) designated for the new use of the vehicle. Example: A passenger car used to transport commodities, merchandise, produce, freight or animals for commercial purposes may be licensed as a commercial use truck; or

     (c) Your vehicle license plates have reached the replacement cycle date established by this section by authority in RCW 46.16.233.

     (3) Who can apply for replacement plate(s)?

     One of the registered owners ((shall)) must apply for replacement plate(s).

     (4) What documentation do I need to apply for replacement plate(s)?

     (a) If your plate(s) are lost, stolen, destroyed, or mutilated, you need to submit an affidavit of loss or letter of request describing the vehicle by Washington license plate or vehicle identification number. The affidavit of loss or letter of request must be signed by at least one of the registered owners. The registered owner's signature must be either notarized by a notary public or certified by a Washington vehicle license agent or subagent. A replacement plate fee will be charged.

     (b) If the primary use of your vehicle has changed requiring new plate(s) designated for the new use of the vehicle, the department ((shall)) will replace the plate(s) without the affidavit of loss or letter of request. A new plate fee will be charged.

     (5) What if the department issued incorrect plate(s) for my vehicle?

     When incorrect plate(s) have been issued due to departmental error, the department ((shall)) will replace the plate(s) without the affidavit of loss or letter of request. No replacement plate fee will be charged in this case.

     (6) What is the replacement cycle date for my license plate? The replacement cycle date for your license plate is seven years from the date the license plate(s) were issued. Notification will be included on the renewal notice when it is necessary to replace the license plates for a vehicle.

     (7) How will I obtain replacement plate(s)? You obtain replacement plate(s) by applying, either in person or by mail, to a Washington vehicle licensing office.

     (8) When I am required to replace a special license plate, will I receive the same license plate number/letter combination? Yes, for those special license plates permitted in subsection (1) of this section. Upon request your special license plates will be replaced with the same number/letter combination as shown on the vehicle computer record.

     (9) What license plates are required to be replaced? Vehicles that have license plates seven years or older that include:

     (a) Standard issue;

     (b) Collegiate;

     (c) HAM/MARS;

     (d) Personalized;

     (e) Ride share;

     (f) Disabled person;

     (g) Disabled veterans;

     (h) Pearl Harbor survivors;

     (i) Purple heart;

     (j) Stadium;

     (k) Square dancer;

     (l) Honorary Consular;

     (m) Prisoner of war;

     (n) Commercial plates issued to vehicles with a declared gross weight 26,000 pounds or under.

     Specialized license plates listed in (b) through (m) of this subsection will be replaced with the same license plate number/letter combination upon request.

     (10) What license plates are exempt from the replacement requirements?

     (a) Prorated vehicles over 16,000 pounds licensed under chapter 46.87 RCW;

     (b) Commercial vehicles with declared gross weight over 26,000 pounds under RCW 46.16.233;

     (c) Collector vehicle, horseless carriage vehicle and restored plates;

     (d) Plates issued to government agencies with exempt use class; and

     (e) Congressional Medal of Honor license plates.

[Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490 and 46.16.276. 98-19-075, § 308-96A-021, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), § 308-96A-021, filed 5/28/87.]


NEW SECTION
WAC 308-96A-047   Cooper Jones/Share the Road license plate emblems affixed to license plates.   (1) Where do I order the Cooper Jones/Share the Road license plate emblem? You order them from the Washington state department of printing's general store located at www.prt.wa.gov or by mail to Department of Printing, P.O. Box 798, Olympia, WA 98507-0798.

     (2) Who may purchase the emblems? Anyone may purchase as many emblems as they choose.

     (3) Is there a fee for the plate emblems? A fee will be charged for each set of emblems described under RCW 46.16.333.

     (4) Are there vehicles that may not bear the Cooper Jones/Share the Road emblems? Yes, those vehicles excluded under chapter 46.87 RCW, nonmotorized, and one-plated vehicles.

     (5) How shall I affix my Cooper Jones/Share the Road license plate emblem to my license plate? In addition to requirements and limitations in RCW 46.16.327, the "SHARE THE ROAD" portion of the emblem set shall be displayed between the bottom license plate bolt holes of the front or rear license plate.

     (6) Do I have to affix my Cooper Jones/Share the Road emblem to a license plate? No. There are no restrictions regarding placement of the emblem other than the license plate, or except where the law stipulates you may not obstruct the driver's view.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 308-96A-177 Replacement of license plates.

© Washington State Code Reviser's Office