Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-05-018.

     Title of Rule: Chapter 308-56A WAC, Certificates of title -- Motor vehicles, etc.

     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, 46.12.040, 46.16.216.

     Summary: Amending WAC 308-56A-140 Department temporary permit, 308-56A-150 Certificate of vehicle inspection, 308-56A-160 Model year -- How determined, 308-56A-200 Replacement Washington certificate of ownership, and 308-56A-215 Erasures, alterations, and incorrect information.

     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:

     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 April 22, 2003, at 1:30 p.m.

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

     Date of Intended Adoption: May 22, 2003.

February 5, 2003

Katherine Vasquez

for D. McCurley, Administrator

Title and Registration Services

OTS-6174.1

AMENDATORY SECTION(Amending WSR 99-12-031, filed 5/25/99, effective 6/25/99)

WAC 308-56A-140   Department temporary permit.   (1) What is a department temporary permit? A department temporary permit is a permit issued in lieu of registration and license plates when:

     (a) ((The vehicle is not sold by a licensed Washington dealer;

     (b))) The vehicle is not currently licensed in Washington; and

     (((c))) (b) Proper vehicle documentation is not available but is likely to be available within sixty days; or

     (c) The vehicle is not sold by a licensed Washington dealer.

     (2) How long is a department temporary permit valid? The department temporary permit is valid for no longer than sixty days.

     (3) If I am unable to obtain proper documentation within sixty days, what options are available to me? When documents are not expected to be received within sixty days, you may choose to:

     (a) Not ((obtain the department temporary permit)) operate your vehicle and wait to register the vehicle until all required documents are received ((to register your vehicle)); or

     (b) Obtain the department temporary permit and if you do not receive the documentation within sixty days, ((you will be unable to use the vehicle after the department temporary permit expires)) discontinue using the vehicle until proper documentation is filed with the department.

     (((3))) (4) May a department temporary permit be extended? Yes, a department temporary permit may be extended on a case-by-case basis upon departmental approval.

     (5) Where do I obtain a department temporary permit? Department temporary permits are available at all Washington vehicle license ((agencies)) offices.

     (((4))) (6) What fees are required to be paid when applying for a department temporary permit? In addition to other fees ((prescribed by law)) and applicable taxes, the department temporary permit fee, title application fee, inspection fees and licensing fees must be paid at the time the department temporary permit is issued.

     (((5))) (7) How do I display the department temporary permit? The ((hard)) cardboard copy of the department temporary permit must be displayed according to instructions on the permit and the signed registration must be carried in the vehicle or the towing vehicle.

     (((6))) (8) How many months of gross weight must I purchase with a department temporary permit for my vehicle, which is eligible for monthly gross weight? If you have a vehicle that is eligible for monthly gross weight, you must purchase a minimum of two months gross weight license to correspond with the duration of the department temporary permit. You may receive credit as described in WAC 308-96A-220(7) for gross weight license already purchased.

     (((7))) (9) How do I obtain license plates and registration for my vehicle that has been issued a department temporary permit? You may obtain license plates and new registration for your vehicle that has been issued a department temporary permit by submitting the necessary documents and fees to any Washington vehicle license ((agency)) office.

     (((8))) (10) What fees are required to be paid when clearing a department temporary permit? In addition to other fees as prescribed by law, the title application fee and license plate fees must be paid at the time the temporary permit is cleared.

     (((9))) (11) How do I obtain a replacement vehicle title application/registration certificate portion of the department temporary permit((, if the original is not available))? ((If the department temporary permit was issued at a vehicle licensing agency/subagency:

     (a))) You may obtain a photocopy of the registration certificate portion of the department temporary permit ((only at)) through the county's auditor/agent office ((in the same county you obtained the original department temporary permit.

     (b) If the department temporary permit was issued at a department-staffed vehicle licensing office, you must obtain a replacement from that office)) or subagent. You must provide the vehicle identification number or the department temporary permit number. The replacement department temporary permit will retain the same expiration date as the original.

     (((10))) (12) How do I obtain a replacement for the cardboard department temporary permit ((placard which)) that is displayed in the vehicle window? You may obtain a replacement cardboard department temporary permit ((placard)) at any Washington vehicle services office. You must provide the vehicle title application/registration certificate, VIN, or the department temporary permit number.

     (((11) How do I obtain a replacement department permit if both the application/registration certificate and the display placard are lost, stolen, or destroyed? You may obtain a photocopy of the vehicle title application/registration certificate portion of the department temporary permit only at the issuing county's auditor/agent office. If the department temporary permit was issued at a department-staffed vehicle licensing office, you must obtain a replacement from that office. You must provide the vehicle identification number or the department temporary permit number. The replacement department temporary permit placard may also be obtained at these locations.))

[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 99-12-031, § 308-56A-140, filed 5/25/99, effective 6/25/99. Statutory Authority: RCW 46.01.110. 93-14-084, § 308-56A-140, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.01.110, 46.12.151 and 46.12.050. 92-03-077, § 308-56A-140, filed 1/14/92, effective 2/14/92; Order MV 208, § 308-56A-140, filed 7/31/74.]

     (a) Reported destroyed since the last certificate of ownership was issued;

     (b) A homemade, assembled, or rebuilt vehicle not previously titled as such;

     (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));

     (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;

     (e) ((A used vehicle and no Washington record can be found unless the vehicle is titled or registered in a state or jurisdiction other than Washington;

     (f))) A kit vehicle not previously titled as such (if no vehicle identification number previously assigned);

     (((g))) (f) A street rod not previously titled as such;

     (((h))) (g) A glider kit not previously titled as such;

     (((i) Questionable as)) (h) Subject to ownership in doubt described in WAC 308-56A-210;

     (((j))) (i) One which the Washington crime information center (WACIC) or National Crime Information Center (NCIC) indicates may be stolen; or

     (((k))) (j) One for which the WACIC/NCIC has failed to respond to the stolen vehicle search required by chapter 46.12 RCW.

     (2) ((What)) Is there a 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:)) Yes, the amount of the fee is established in RCW 46.12.040. The fee is not due when:

     (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 department of licensing 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)) entities or individuals designated by the director if the vehicle is located in a foreign state or 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)) Sixty 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))) (vi) With no Washington record or no manufacture statement of origin/manufacture certificate of origin.

     (((c))) (b) One year for vehicles required to be inspected under subsection (1)(a) through (((k))) (j) of this section and held for sale by a licensed dealer.

     (((5) Is the vehicle identification number inspection certificate provided by the Washington state patrol (WSP) valid other than in Washington state? In accordance with WSP rules, the inspection certificate provided by the WSP is valid only in Washington state except as 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. Certificate 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. 01-20-010, § 308-56A-150, filed 9/20/01, effective 10/21/01. 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.]

     (2) Are there standards for assigning model years that manufacturers must follow? Manufacturers ((shall)) must adopt standards for assigning model years based on either the date of manufacture or features of the vehicle. The standards ((shall)) must be such that all vehicles assigned a model year that are manufactured in the same year with the same features are assigned the same model year. Manufacturers ((shall)) must designate the model year on the manufacturer's certificate of origin (MCO), manufacturer's statement of origin (MSO) or similar documents.

     (3) How are model years assigned to vehicles that are incomplete, such as certain recreational vehicles? Manufacturers of chassis or incomplete vehicles sold to motor home or recreational vehicle manufacturers who issue separate MCOs/MSOs need not assign model year to these vehicles. The final stage manufacturer of these vehicles ((shall)) must assign the model year as provided in subsection (2) of this section. In the event a model year is assigned by both the incomplete vehicle manufacturer and the completing manufacturer, the completing manufacturer assigned model year ((shall)) will be used on the certificates of ownership and registration.

     (4) How will a model year be assigned to my vehicle if the manufacturer did not assign one? If an original manufacturer has not assigned a model year, or your vehicle is rebuilt, homemade, is a street rod, assembled or is a kit vehicle, the Washington state patrol or other person authorized by the director to make vehicle inspections ((shall)) will use the following criteria to establish the model year:

     (a) The model year for a homemade vehicle will be the year of inspection for the purpose of making an application for certificate of ownership.

     (b) When possible, the model year will be determined from the vehicle identification number (VIN). When the VIN does not identify the production date, corresponding production records of the original manufacturer ((shall)) must be used.

     (c) The model year for assembled vehicles will be determined by the Washington state patrol based on the date of manufacture of the vehicle ((which)) that the vehicle most closely resembles.

     (d) The model year of a kit vehicle as defined in RCW 46.04.251 ((shall)) will not be the model year of the vehicle the kit replicates.

     (5) For purposes of this section the following terms ((shall)) will have the meanings indicated:

     (a) "Manufacturer" means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused vehicles or remanufactured vehicles. Manufacture ((shall)) includes the assembling, altering, or converting of a vehicle to the extent the vehicle qualifies for a change in the series and body type appearing on its title, MCO/MSO or similar documents.

     (b) "Incomplete vehicle" means an assemblage consisting of, as a minimum:

     (i) Frame and chassis structure;

     (ii) Power train;

     (iii) Steering system;

     (iv) Suspension system; and

     (v) Braking system.

     To the extent that those systems are to be part of the completed vehicle that requires further manufacturing operation; other than the additions of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

     (c) "Model" means a name ((which)) that a manufacturer applies to a family of vehicles of the same type, make, line, series, and body type.

     (d) "Assembled and homemade vehicles" have the meaning provided in WAC 308-56A-455.

[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 99-12-031, § 308-56A-160, filed 5/25/99, effective 6/25/99. Statutory Authority: RCW 46.01.110. 97-07-014, § 308-56A-160, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. 94-17-044, § 308-56A-160, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110. 93-14-084, § 308-56A-160, filed 6/30/93, effective 7/31/93.]

     (a) Lost;

     (b) Mutilated;

     (c) Stolen; or

     (d) Destroyed.

     (2) What documents and information do I need to provide to the department to obtain a replacement certificate of ownership? A replacement certificate of ownership will be issued only to the owner(s) of record. You will need to provide an explanation of ((the disposition of)) what happened to the certificate of ownership that you are replacing and ((a)) the vehicle description to include, but not limited to, the model year, make, and vehicle identification number or the Washington license plate number. ((This information may)) A request for a replacement certificate of ownership must be presented to the department on a notarized or certified:

     (a) ((Approved)) Affidavit of loss form((,));

     (b) Letter of request from the owner(s) of record; or

     (((b))) (c) Affidavit in lieu of title.

     (3) Who needs to sign the request for a replacement certificate of ownership? All legal owners shown on department records ((shall)) must sign the request for the replacement certificate of ownership. ((Their)) Signatures must be certified or notarized in accordance with WAC 308-56A-275.

     (4) What do I do if I find my certificate of ownership after I receive a replacement? Once a replacement certificate of ownership is issued, any previously issued certificate of ownership is void and, if found, must be destroyed.

[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 99-12-031, § 308-56A-200, filed 5/25/99, effective 6/25/99; Order MV 208, § 308-56A-200, filed 7/31/74.]

     (2) Will the department accept a certificate of ownership if it has been altered? Any alteration or erasure voids the certificate of ownership unless documentation satisfactory to the department is submitted with the certificate.

     (3) What does the department require when a certificate of ownership, an application for certificate of ownership or supporting documents has been altered?

     (a) The department may require an affidavit explaining any erasure or alteration on the application, certificate of ownership, or any supporting documentation.

     (b) The department may require a notarized/certified release of interest when:

     (i) A signature or name that has been altered or erased appears on an application; or

     (ii) A security interest is named to be shown on the new certificate of ownership and the applicant claims there is no lien; or

     (iii) A security interest is shown incorrectly or is altered on the application for certificate of ownership. In lieu of a release of interest, Washington licensed vehicle dealers may attach an affidavit explaining the error in the security interest.

     (c) If an erasure or other alteration has been made on a ((title)) certificate of ownership, an affidavit must be ((attached. The affidavit must state why and by whom the erasure was made. The one whose name was erased must sign a release of interest)) completed and signed by the individual who made the erasure or alteration explaining why the erasure/alteration was made.

     (d) A name erroneously shown on the ((title)) certificate of ownership as the purchaser must ((have)) be accompanied by either a release of interest from the erroneously named purchaser or a statement by the owner of record that the sale was not completed or other explanation for the erroneous designation.

[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 99-12-031, § 308-56A-215, filed 5/25/99, effective 6/25/99; Order MV 208, § 308-56A-215, filed 7/31/74.]

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