PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-06-001.
Title of Rule: Chapter 308-57 WAC, Motor vehicle excise tax, chapter 308-96A WAC, Vehicle licenses, and chapter 308-97 WAC, Vehicle license interstate and intransit permits.
Purpose: Statute on which the rule was based has been repealed and has not been replaced by another statute providing statutory authority for the rule.
Other Identifying Information: The rules may be amended or repealed to comply with the implementation of SB 6865.
Statutory Authority for Adoption: RCW 46.01.110.
Summary: Amending WAC 308-96A-099 Use class descriptions, 308-96A-145 Cab and chassis, 308-96A-175 Ride-sharing vehicles, 308-96A-176 Transportation needs ride-sharing vehicles, 308-96A-180 Registration of rental cars, 308-96A-202 Power units towing trailers with permanent registrations, 308-96A-203 Permanent trailer registrations and 308-97-230 Appointment of vehicle trip permit agents; repealing WAC 308-96A-135 Fixed load vehicles, 308-96A-400 Excise tax exemption -- Indians, 308-96A-410 Study fee, 308-57-005 Definitions, 308-57-010 Premise for assessing excise tax, 308-57-020 Modified vehicles, 308-57-030 Declaration of value, 308-57-110 Excise tax fee schedules one and five, 308-57-120 Excise tax fee schedules two and six, 308-57-130 Excise tax fee schedule three, 308-57-135 Excise tax fee schedule four, 308-57-140 Excise tax exemptions, 308-57-210 Excise tax in even dollars, 308-57-230 Fleet abatement, 308-57-240 Nonfleet abatement, and 308-57-500 Personal use motor vehicle excise tax credit -- Qualifications.
Reasons Supporting Proposal: Passage of SB 6865.
Name of Agency Personnel Responsible for Drafting: Patrick J. Zlateff, 1125 Washington Street S.E., Olympia, 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, WA 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: This rule implements the requirements of RCW 88.42.022. It clarifies what personal use vehicles qualify and how the credit applies.
The anticipated effects will be a clarification of the above-mentioned requirements.
Proposal does not change existing rules.
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 businesses 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 May 29, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Patrick J. Zlateff, TDD (360) 664-8885, or (360) 902-3718.
Submit Written Comments to: Patrick J. Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by May 28, 2000.
Date of Intended Adoption: June 20, 2000.
April 11, 2000
Eric L. Andersen
for Deborah McCurley
Acting Administrator
Title and Registration Services
OTS-3693.1
AMENDATORY SECTION(Amending WSR 99-06-029, filed 2/24/99,
effective 3/27/99)
WAC 308-96A-099
Use class descriptions.
(1) Why does the department assign use classes to vehicles?
The department assigns use classes to:
(a) Assess the proper license fees ((and excise tax)) for
vehicles;
(b) Assign special brands on subsequent owner's certificate of ownership;
(c) Apply certain restrictions on the use of the vehicles, which prints on the vehicle registrations;
(d) Assign the proper license plates.
(2) Under what authority does the department assign use classes to vehicles?
The department assigns use classes under the authority of RCW 46.16.040.
(3) What use classes does the department assign and when do they apply?
The use classes the department assigns are described below:
| ABBREVIATION | TRANSLATION | DESCRIPTION |
| CAB | TAXI CAB | Vehicle is used for carrying passengers between two points for compensation for an on-demand trip rather than a scheduled route. A vehicle with this use class may not carry any luggage or commodities that do not belong to a passenger being carried at the same time. In other words, the vehicle cannot just carry cargo between two points. |
| C/G | CONVERTER GEAR | Vehicle is an axle that is used to convert a semi-trailer to a full trailer. A converter gear may be titled but may not be licensed. |
| CMB | COMBINATION | Vehicle is either (1) a power unit with a declared gross weight of 42,000 pounds or more and towing a trailer; or (2) a trailing unit with permanent plates. The trailer may be towed only by a power unit with a CMB use class, or FCB depending on what is being hauled. |
| CMP | CAMPER | Vehicle is a slide-in pickup camper (not a canopy) as defined in RCW 46.04.085. Even if the owner has chosen to permanently attach the camper to the pickup, the units need to be titled and licensed separately. |
| COM | COMMERCIAL | Vehicle is either (1) a power unit that does not pull a trailer or that pulls a trailer but the gross weight for the truck and trailer does not exceed 40,000 pounds; or (2) a trailing unit that is titled in a business name (including the name of a farm). A commercial trailer may be towed by a vehicle with PAS, TRK, COM, CMB, FAR or FCB use classes. If the trailer is being towed by a vehicle with FAR or FCB use class, the use of the trailer (items carried, etc.,) must meet the farm use class requirements. |
| CYC | MOTORCYCLE | Vehicle is a motorcycle, motor driven cycle or scooter. A moped does not qualify to be licensed as a motorcycle as defined in RCW 46.04.330 and 46.04.332. |
| EX | EXEMPT | Vehicle can be any type of vehicle, which is owned by a city, county or state government agency or federally recognized Indian tribe located in the state of Washington. This includes school buses, which are owned or leased by school districts. If the school district contracts a company to provide total bus service, such as the bus, the driver and the maintenance, and the vehicle is registered in the name of the school district as registered owner, the vehicle qualifies for exempt license plates. |
| FAR | FARM | Vehicle is a truck (or tractor) used to transport the farmer's own farm, orchard or dairy products as defined in RCW 46.16.090, or aquatic products as defined in RCW 15.85.020, from point of production to market or warehouse. The vehicle may also be used to transport the farmer's own farm supplies. |
| FCB | FARM COMBINATION |
Vehicle is (1) a power unit (not a trailer) with a declared gross weight of 42,000 pounds or more and towing a trailer; and (2) meets the criteria of FAR use class above. |
| FED | FEDERAL | Vehicle is owned by the federal government of the United States. Like exempt vehicles, this could be any type of vehicle. This does not include vehicles displaying license plates issued by the federal government. |
| FEX | FARM EXEMPT | Vehicle is used exclusively in agricultural pursuits on farms as defined in RCW 46.16.010(3) and 46.04.181. The vehicle is usually a truck, but it could also be a bus, a motorcycle or off-road cycle. |
| FIX | FIXED LOAD | Vehicle as defined in RCW 46.16.070(1). These vehicles have a unique use class because they are exempt from the law, which requires vehicles with a scale weight of more than six thousand pounds to have a declared gross weight of at least 150 percent of the scale weight. The basic license fee is based on the declared gross weight, or the next two thousand pound increment above the scale weight, or the next two thousand pound increment above the legal maximum gross weight as determined by the Washington state patrol or department of transportation. Fixed load vehicles are the only ones whose gross weight may actually be less than their scale weight, depending on their legal maximum gross weight. An oversize permit is required in addition to the registration in these cases. |
| F/H | FOR HIRE | Vehicle is used to transport people and/or commodities for compensation as defined in RCW 46.72.010. A for hire permit from business and professions division (BPD) is required. |
| H/C | HORSELESS CARRIAGE |
Vehicle is a motorized vehicle over 40 years old with limited used as defined in RCW 46.16.307. The vehicle may not be used for normal transportation to and from work, to go to the store and pick up groceries, and so on. |
| H/D | HOUSE DOLLY | Vehicle constructed and used exclusively to move buildings or homes. |
| LOG | LOGGING | Vehicle is a truck or trailer used exclusively for hauling logs. |
| MH | MOTOR HOME | Motorized vehicle designed for human habitation and defined in RCW 46.04.305 |
| MOB | MOBILE HOME | Vehicle is a manufactured home as defined in RCW 46.04.302. Mobile homes are titled but generally not registered because of their size. Manufactured homes are taxed by the county, either as personal property or real property. |
| ORV | OFF-ROAD VEHICLE |
Vehicle is used off-road. A vehicle licensed only as an ORV may not be operated on public roadways or ocean beaches. |
| PAS | PASSENGER | Vehicle is used to transport passengers as defined in RCW 46.04.382. Typically passenger cars, utility or multipurpose vehicles, passenger vans, and private busses are licensed as passenger vehicles. |
| PED | MOPED | Vehicle as defined in RCW 46.04.304 and subject to the restrictions in RCW 46.61.710. |
| PER | PERSONAL | Vehicle is a personal use trailer as defined in RCW 46.16.065. Trailers owned by businesses or used for commercial purposes do not qualify for this use class. |
| RES | RESTORED | Vehicle is a motorized collector vehicle over 30 years old with limited use as defined in RCW 46.16.307. The vehicle may display either a collector vehicle license plate provided by the department or a license plate, which must have been first issued, for use the year the vehicle was manufactured. The vehicle must be currently registered in order to be assigned this use class and receive a special collector license plate or authority to use a restored license plate. |
| SCH | SCHOOL | Vehicle is owned and operated by a private school meeting the accreditation requirements of RCW 28A.195.010. The vehicle is used to transport children to and from school or in connection with school activities. |
| SNO | SNOWMOBILE | Vehicle is a snowmobile as defined in RCW 46.10.020(2). |
| SNX | EXEMPT SNOWMOBILE |
Vehicle is a snowmobile as defined in RCW 46.10.010(2) and owned by a city, county or state agency. |
| STA | STAGE | Vehicle is used as an auto stage as defined in RCW 46.04.050. |
| TLR | TRAILER | Vehicle is a personal use trailer as defined in RCW 46.04.620 but does not meet the size criteria for a PER use class. Trailers used by businesses or others for commercial purposes do not qualify for this use class. |
| TOW | TOW | Vehicle is a tow truck as defined in RCW 46.16.079 and 46.55.010(8). If the vehicle carries other vehicles, it does not qualify for the TOW use class and must be licensed as COM. |
| TRK | TRUCK | Vehicle is a personal use, light duty truck, with a declared gross weight of twelve thousand pounds or less. Trucks used for business or commercial purposes do not qualify for the TRK use class. |
| TVL | TRAVEL TRAILER |
Vehicle is a travel trailer as defined in RCW 46.04.623, which includes park models of four hundred square feet or less and camp/tent trailers. It is designed and manufactured for temporary habitation. |
(4) What use classes may the department assign to specific types of vehicles?
Use classes are assigned as listed below:
| VEHICLE TYPE | USE CLASS | SPECIAL REQUIREMENTS |
| PASSENGER CARS | CAB, COM, EX, FED, F/H, H/C, PAS, RES, ORV, FEX, STA | COM-Scale weight, Statement of use F/H and STA-Scale weight, Number of seats |
| LIGHT DUTY TRUCKS (INCLUDING SMALL VANS) | COM, EX, FAR, FED, FEX, H/C, RES, STA, TOW, TRK, FIX, F/H, ORV | F/H and STA-Number of seats All use classes-Scale weight |
| MEDIUM/HEAVY DUTY TRUCKS (INCLUDING BUSES) | CMB, COM, EX, FAR, FCB, FEX, FIX, LOG, SCH, TOW, TRK, FED, H/C, RES, F/H | F/H and STA-Number of seats All use classes-Scale weight |
| TRAILERS | C/G, CMB, COM, EX, FEX, LOG, PER, TLR, FED | PER-Number of wheels All use classes-Scale weight |
| CYCLES | ||
| MOTORCYCLES | CYC, EX, FED, FEX, H/C, ORV, RES | |
| MOPEDS | EX, FED, FEX, ORV, PED | |
| SNOWMOBILES | SNO, SNX | |
| UTILITY/MULTIPURPOSE VEHICLES | CAB, COM, EX, FED, F/H, PAS, STA, TRK, FAR, FEX, H/C, ORV, RES, SCH | COM, F/H, STA, TRK, FAR and FEX-Scale weight F/H and STA-Number of seats |
| RECREATION VEHICLES | ||
| TRAVEL TRAILERS (INCLUDING CAMP AND TENT TRAILERS) | EX, FED, TVL | |
| CAMPERS | CMP, EX, FED | |
| MOTOR HOMES | EX, FED, MH | |
| NOTE: Gross weight and seat requirements per RCW 46.16.040. | ||
(5) Do all powered three-wheeled vehicles need to be licensed as motorcycles?
No. If the vehicle qualifies as a motorcycle as defined in RCW 46.04.330 or 46.04.332, it will be licensed as a motorcycle for street use. However, if the vehicle has a bench seat and a steering wheel, it will be licensed as a passenger vehicle or truck.
(6) What license plates and use class will be assigned to my for hire vehicle?
The license plates and use class assigned to your for hire vehicle depends upon how you use your vehicle. All for hire vehicles transport passengers and commodities for compensation. For hire vehicles include cabulances, limousines, taxi cabs, and busses hauling passengers for compensation in addition to transporting school children. There are two use classes and license plate combinations assigned to for hire vehicles:
(a) CAB use class vehicles are assigned passenger license plates. These vehicles are used exclusively for transporting passengers and their possessions; and
(b) F/H use class vehicles are assigned truck license plates. These vehicles not only transport passengers for compensation, but also transport commodities, without passengers, for compensation.
(7) When may truck license plates be assigned to my passenger vehicle?
Truck license plates may be assigned to your passenger vehicle whenever the vehicle is used to transport commodities, produce, freight or animals for commercial purposes. The use class would be COM instead of PAS. This would require a title application, a scale weight slip and a certified/notarized statement of use describing how the vehicle will be used commercially.
(8) When may passenger license plates be assigned to my pick-up truck?
Passenger license plates may only be assigned to your pick-up truck if it has been modified to qualify as a passenger vehicle. The department requires confirmation from the Washington state patrol that the vehicle has been modified to qualify for passenger use.
(9) What use classes and license plates will be assigned to school buses?
(a) EX use class and county exempt license plates will be assigned to a school bus owned or leased by an exempt agency (school district);
(b) SCH use class and passenger license plates will be assigned to a school bus owned or leased by an accredited private school; or
(c) F/H use class and truck license plates will be assigned to school buses used for transporting passengers for compensation and not used exclusively for transporting school children to and from school or school related activities.
(10) May I license my motorcycle or any other motor vehicle for both road and off road use?
Yes, you may license your motorcycle or any other motor vehicle for both uses as long as the vehicle qualifies for road use. You will receive two registration certificates showing the vehicle is licensed for both uses. However, the certificate of ownership will show the use class associated with the road use.
(11) May I license my amphibious vehicle as a vehicle and a vessel?
Yes, you may license your amphibious vehicle for both uses as long as it qualifies for both uses. You will receive two registration certificates showing the vehicle is licensed for both uses. However, the certificate of ownership will show the use class associated with the road use.
(12) May I license my truck, truck tractor or tractor as a motor home?
Yes, you may license your truck, truck tractor or tractor as a motor home if:
(a) The vehicle meets the definition of a motor home in RCW 46.04.305; and
(b) You provide a Washington state patrol inspection confirming your vehicle may be licensed as a motor home; and
(c) You certify the vehicle will be used exclusively as a motor home and is not used for commercial use.
(13) Is my truck, truck tractor or tractor which I use exclusively for towing my travel trailer licensed differently than any other like truck?
No. Your truck, truck tractor or tractor used exclusively for towing your travel trailer must be licensed in accordance with RCW 46.16.070. Depending on scale weight the use class will be TRK or COM.
[Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. 99-06-029, § 308-96A-099, filed 2/24/99, effective 3/27/99.]
(1) What is a cab and chassis?
A cab and chassis is an incomplete truck shipped from the manufacturer. The customer chooses the type of bed to be installed.
(2) Will the department issue a certificate of ownership for my cab and chassis?
Yes. However, because the cab and chassis is an incomplete vehicle, when the body or special equipment has been installed you must apply for a new certificate of ownership to reflect the correct series and body type, scale weight and the completed vehicle's new value.
(3) Will the department issue a certificate of registration for my cab and chassis?
Yes, if you intend to use the vehicle on the public highways. The gross weight will be limited to one hundred fifty percent of the scale weight. Gross weight is rounded up to the nearest two thousand pound increment and may not be increased until the certificate of ownership is corrected to reflect the completed vehicle information.
(4) What do I need to provide the department when my cab and chassis has been converted to a complete vehicle and I am applying for a new license and certificate of ownership?
Whether you titled the cab and chassis or waited until the vehicle was completed before titling, you need to provide the department with the following before you use the completed vehicle on the public highways:
(a) Proof of ownership for the cab and chassis;
(b) Proof of ownership for the equipment installed to make it a complete vehicle;
(c) A weight slip from a certified scale;
(d) Proof or payment of sales or use tax on the equipment installed to make a complete vehicle; and
(e) Applicable fees ((and excise tax)) for any increased
value of the completed vehicle.
[Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. 99-06-029, § 308-96A-145, filed 2/24/99, effective 3/27/99. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. 86-10-040 (Order TL/RG 24), § 308-96A-145, filed 5/5/86; Order MV-328, § 308-96A-145, filed 7/24/75.]
(1) The owner of a passenger motor vehicle primarily used as a commute ride-sharing vehicle defined in RCW 46.74.010(1) may be issued special ride-share license plates by satisfying the provisions of RCW 46.16.023. Any person desiring the special ride-share license plates shall make application on a form approved by the department and pay all fees required pursuant to chapter 46.12 RCW and the special ride-share license plate fee required by RCW 46.16.023. The owner shall then provide:
(a) For privately owned vehicles, a list of the riders registered to use the ride-sharing vehicle, including the names, addresses and signatures of the riders and driver. For five and six passenger vehicles being used in a commute trip reduction program, the list shall be a copy of the certification of registration in a commute trip reduction program either with a public transportation agency or a major employer; or
(b) For vehicles operated by public transportation agencies or by major employers defined in RCW 70.94.524 in commute trip reduction programs, a written statement that the vehicle is used as a commuter ride-sharing vehicle.
(2) A passenger motor vehicle owned, rented or leased by a government agency may be issued special ride-share license plates for the vehicle described on the approved ride-sharing application.
(3) In order to transfer license plates to another vehicle, the owner shall make:
(a) Application to and receive approval by the department for the replacement passenger motor vehicle; and
(b) Payment of a five dollar license plate transfer fee and appropriate licensing fees.
(4) When special ride-share license plates are removed from
or transferred to another vehicle, the owner shall((:
(a))) purchase replacement license plates((; and
(b) Pay vehicle excise tax for the remaining license registration period for the vehicle)).
(5) When a ride-sharing vehicle is sold or transferred to another person who will continue to use the passenger motor vehicle as a commuter ride-sharing vehicle, the new owner shall:
(a) Apply for a certificate of ownership under chapter 46.12 RCW;
(b) Apply for commuter ride-sharing exemption; and
(c) Pay all required fees and taxes including the special license plate fee.
(6) Upon application for registration renewal, the owners of nongovernment ride-share plated vehicles shall:
(a) Recertify that the vehicle is used as a commuter ride-sharing vehicle to continue to be exempt from chapters 82.08, 82.12, and 82.44 RCW; and
(b) Submit a completed recertification form, approved by the department, including names, addresses, and signatures of current passengers and drivers. If the registered owner fails to file a completed recertification form the department will cancel the special ride-share license plates and the registered owner will need to purchase replacement plates and pay applicable fees and taxes to complete registration renewal.
[Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, § 308-96A-175, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110, 46.74.010 and 1996 c 244. 96-21-043, § 308-96A-175, filed 10/11/96, effective 11/11/96. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. 94-17-044, § 308-96A-175, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110, 46.16.276 and 1987 c 175 § 2. 88-01-010 (Order TL/RG 39), § 308-96A-175, filed 12/7/87.]
(1) Private, nonprofit transportation providers furnishing ride-sharing for persons with special transportation needs under chapter 81.66 RCW, may be issued special ride-share license plates under RCW 46.16.023 for passenger motor vehicles. The transportation provider shall make application for special ride-share license plates on a form approved by the department. The application shall include:
(a) A copy of the utilities and transportation commission's operating certificate authorizing the organization to operate in this state;
(b) Payment of all fees required under chapter 46.12 RCW; and
(c) Payment for the special ride-share license plate fee as provided in RCW 46.16.023.
(2) For purposes of this section, a passenger motor vehicle is defined as:
(a) A motor vehicle titled with a use class of PAS, but does not include a motorhome;
(b) A bus with a seating capacity of fifteen or less including the driver;
(c) A cutaway, defined as a van or light truck cut off behind the cab, a bus type body permanently affixed to the frame behind the cab, and a seating capacity of fifteen or less including the driver. A cutaway does not include a motorhome; and
(d) A modified van, not more than twenty-eight feet in overall length, and a seating capacity of fifteen or less including the driver. A modified van does not include a motorhome.
(3) When the transportation provider removes the special
ride-share license plates or transfers the plates to another
vehicle owned by the transportation provider, replacement license
plates fee ((and vehicle excise tax)) abated for the remaining
license registration period for the vehicle, from which exemption
is being removed, shall be collected. If the exemption is being
removed within thirty-six consecutive months from obtaining the
exemption, the full use or sales tax amount originally exempted
shall be due and payable to the department of revenue. An
application for exemption for the vehicle on which the special
license plates are to be transferred must be filed pursuant to
subsection (1) of this section with payment of the license plate
transfer fee provided in RCW 46.16.023(2).
(4) Upon application for registration renewal, the
transportation provider must recertify that the vehicle is still
being used to provide transportation for persons with special
transportation needs to continue to be exempt from ((chapters
82.08 and 82.44)) RCW 82.08.287. The department will provide
recertification forms to ride-sharing vehicle registered owners
for filing with registration renewal applications.
[Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, § 308-96A-176, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110, 46.74.010 and 1996 c 244. 96-21-043, § 308-96A-176, filed 10/11/96, effective 11/11/96.]
(1) What determines if I pay the higher gross
weight fees ((and additional excise tax)) on my power unit?
If the declared gross weight of the power unit exceeds forty
thousands pounds AND the power unit will be towing a trailer, the
power unit must be licensed with a combination (CMB) or farm
combination (FCB) use class. This results in higher gross weight
fees ((and excise tax)).
(2) How do I change to a CMB or FCB use class during the registration year?
If you choose to change the use class of your power unit during the registration year, you will need to:
(a) ((Pay the additional excise tax for the remaining months
of the registration year;
(b))) Pay the additional gross weight fees for the remaining months of the gross weight license period currently in effect; and
(((c))) (b) Immediately attach the combination decals
between the lower boltholes on the front and rear license plates.
If the license plates were issued prior to January 1, 1987, new plates are required.
(3) What if I change to a CMB or FCB use class at renewal time?
If you change use class at renewal time, you will pay the
((additional excise tax and)) gross weight fees for the new
registration year. Fees are not due for the remainder of the
current registration year. If the plates were issued prior to
January 1, 1987, new plates are required. The combination decals
assigned may not be attached to the license plates until the
first day of the new registration year, when the new use class is
effective.
(4) What if I change from CMB or FCB to COM or FAR?
If you change from CMB or FCB to COM or FAR, you will need
to purchase new plates. ((If you change use class during the
registration year, you would forfeit the higher amount of excise
tax paid.)) Excess gross weight fees may be used to purchase
additional months of gross weight to the end of the current
registration year.
(5) If I sell the power unit with a CMB or FCB use class, will the new owner need to purchase new plates?
If the new owner retains the CMB or FCB use class, new plates are not required. If the use class is changed to commercial (COM) or farm (FAR), new plates are required.
(6) If new plates are required because of the change of use class or because they were issued prior to January 1, 1987, am I required to pay replacement plate fees?
No, you would only pay the reflectorization fee in RCW 46.16.237 and plate fee in RCW 46.16.650.
[Statutory Authority: RCW 46.01.110, 46.16.070 and 46.16.135. 99-01-133, § 308-96A-202, filed 12/21/98, effective 1/21/99.]
(1) Do I have an option of purchasing a permanent registration for my trailer to offset the higher fees on my power unit?
Yes, if the power unit towing the trailer is properly licensed to tow a trailer with a permanent registration.
(2) How does the power unit need to be licensed to tow a trailer with a permanent registration?
The power unit must have a combination (CMB) or farm combination (FCB) use class.
(3) How does the power unit qualify for the CMB or FCB use class?
The declared gross weight of the power unit must exceed
forty thousand pounds. The CMB and FCB use classes require a
((higher excise tax rate and)) higher gross weight fees to offset
the annual revenue loss of the permanently licensed trailer(s)
the power unit is towing.
(4) If I am not required to renew the permanent trailer registration each year, how is my registration kept updated?
Your registration will show an expiration date of "PERM." Your vehicle record will show a current expiration date, which is updated annually. And your trailer plate will have a permanent trailer validation tab assigned to it.
(5) Are there any restrictions on the use of the trailer with permanent plates?
Yes, there is a restriction printed on the registration stating that the vehicle must be towed by a power unit with a CMB or FCB use class and gross weight in excess of forty thousand pounds.
(6) How long is the permanent registration valid?
The permanent registration is valid until ownership in the trailer changes. For purposes of this section, the following are not considered changes of ownership:
(a) Addition or deletion of spouse or co-owner; or
(b) Change of lessee with the same lessor.
(7) What do I do if I want to cancel the permanent registration and register the trailer as commercial?
You may change from CMB to COM use class at any time. You will need to pay all fees and taxes from the date of application to the expiration date shown on the vehicle record. A partial month requires a full month's fees.
(8) What type of plates do I display on a trailer with a permanent registration?
A regular trailer plate, including a permanent trailer tab and combination decal, must be displayed on the trailer. The trailer may not display personalized or other special plates in this case.
(9) How is the expiration date established for a permanent trailer registration?
If the vehicle is unlicensed at the time of application, an expiration date is established based on the date of application as defined in WAC 308-96A-260. The permanent trailer plate fee is charged. If the vehicle is currently registered, either as COM or CMB, the permanent trailer plate fee is charged and the expiration date remains the same.
(10) Do I need to get a new plate when I get a permanent trailer registration?
If the vehicle is new, is currently registered to another owner with CMB use class, or the plate was issued prior to January 1, 1987, a new plate must be issued. If the vehicle is currently registered with a COM use class, and the plate has been issued since January 1, 1987, the permanent trailer tab and combination decal may be attached to the existing plate.
(11) If the trailer has a permanent registration and I no longer wish to use the trailer, or I sell the trailer and the new owner does not wish to license the trailer, may a title purpose only title be issued?
Yes, however, a title purpose only title will not eliminate the requirement for license fees to be paid. As soon as the vehicle is no longer used as a CMB trailer, license fees are due. The owner has the choice of:
(a) Paying to change the use class to COM, in which case the registration would not need to be renewed the following year if it is not being used; or
(b) Paying the permanent trailer registration fee one time and having the vehicle be licensed.
(12) If I need to purchase new plates because of changing the use class or because the plates were issued prior to January 1, 1987, do I need to pay replacement plate fees?
No. You would only pay the reflectorization fee in RCW 46.16.237 and the plate fee in RCW 46.16.650.
[Statutory Authority: RCW 46.01.110, 46.16.070 and 46.16.135. 99-01-133, § 308-96A-203, filed 12/21/98, effective 1/21/99.]
The following sections of the Washington Administrative Code are repealed:
| WAC 308-96A-135 | Fixed load vehicles. |
| WAC 308-96A-400 | Excise tax exemption -- Indians. |
| WAC 308-96A-410 | Study fee. |
OTS-3788.1
AMENDATORY SECTION(Amending WSR 98-19-075, filed 9/21/98,
effective 10/22/98)
WAC 308-96A-180
Registration of rental cars.
(1) What is a rental car?
A rental car is defined in RCW 46.04.465.
(2) How is a rental car licensed?
Registrations shall be maintained for the period in which the rental car is operated as part of the rental car business fleet.
(3) Do rental cars operated in Washington need to be registered in Washington?
Rental cars must be registered in Washington unless:
(a) Rented by a customer at a location outside of the state of Washington;
(b) The vehicle was dropped off at a Washington rental car business by its previous renter and is being rented for a one-way trip out of Washington; or
(c) The vehicle is part of a properly registered International Registration Plan (IRP) rental car business fleet.
(4) Does the current certificate of registration issued by the department need to be carried in the rental car?
A photocopy of the current certificate of registration may be carried in a rental car in lieu of the original certificate of registration.
(5) Who may operate a rental car?
Rental cars may only be used by rental customers, unless the rental car is being moved by the business to another business site, to or from maintenance or repair facilities, or for testing purposes.
(6) What does a rental car company do when they remove a rental car from their fleet?
((When a rental car company removes a vehicle from their
fleet, they shall alter the current month and year tab on the
license plates. To alter these tabs, the rental car company will
place blank tabs over both the month and year tab on the front
and rear plate issued for that vehicle.)) Rental car transfers
should be treated as any other vehicle transfer.
[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-180, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 46.01.110 and 46.87.023. 95-15-028, § 308-96A-180, filed 7/11/95 effective 8/11/95.]
OTS-3694.1
AMENDATORY SECTION(Amending WSR 98-23-026, filed 11/9/98,
effective 12/10/98)
WAC 308-97-230
Appointment of vehicle trip permit agents.
(1) Who can sell vehicle trip permits?
Vehicle trip permits may be sold by those entities cited in RCW 46.16.160. These entities include government and nongovernment organizations.
(2) How does a nongovernment organization obtain approval to sell vehicle trip permits?
Nongovernment organizations must:
(a) Apply to the department;
(b) Execute an agreement to abide by the requirements of this section and RCW 46.16.160;
(c) Provide a surety bond; and
(d) Provide transmission fee schedule if issuing permits electronically.
(3) How do I obtain an application to become an agent for selling trip permits?
Any nongovernment organization may obtain an application form from the department of licensing, prorate and fuel tax section.
(4) What are the components of the agreement?
The components of the agreement require the agent to:
(a) Timely account and pay all permit fees;
(b) Subject their books and records to periodic audit;
(c) Pay interest and penalties upon any deficiency;
(d) Maintain records of transmittals for a period of four calendar years and make these records available to the department or its representative during business hours at the agent's office;
(e) Mail or deliver transmittals at least bimonthly to the department by the last Friday of each recording period for permit sales covering the preceding fifteen days. Transmittals shall be accompanied by the appropriate fees and any documents required by the department;
(f) Reimburse the department for the administrative fee
((and excise tax)) of any permit, which is missing, lost, or
otherwise unaccounted for.
(5) What are the requirements of a surety bond?
The requirements of a surety bond are to:
(a) Be on a form provided by the department;
(b) Meet the provisions of chapter 48.28 RCW for a corporate surety bond;
(c) Be executed by the applicant as principal;
(d) Be payable to the state conditioned upon the performance of all the requirements of this section and RCW 46.16.160, including payment of any and all permit fees, payment of audit assessments, interest and penalties due or which become due;
(e) Be in an amount equal to the monetary value of vehicle trip permits issued to an agent.
(6) What is the agent fee for selling a vehicle transit permit?
The agent fee is the filing fee mandated by RCW 46.01.140.
(7) How may vehicle trip permits be issued?
Vehicle trip permits may be issued by:
(a) Original two-part manual form;
(b) Facsimile of the two-part manual form; or
(c) Authorized electronic form.
(8) If the permit is issued by facsimile or other electronic means, may the agent collect an additional transmission fee?
Yes. As long as the fee does not exceed that listed on the transmission schedule filed with the department.
(9) What happens if the agent fails to comply with the agreement?
The department may, after proper notice, served personally or by an affidavit of mailing, revoke the appointment of any agent who has violated any provisions of RCW 46.16.160, chapter 308-97 WAC, or breached the appointment agreement. Upon notice of revocation of an agent's appointment, the agent shall return to the department any vehicle trip permits in inventory and any money owed to the department.
[Statutory Authority: RCW 46.16.160. 98-23-026, § 308-97-230, filed 11/9/98, effective 12/10/98; 81-16-010 (Order DOL 634), § 308-97-230, filed 7/24/81. Statutory Authority: RCW 46.01.110. 80-13-001 (Order DOL 591), § 308-97-230, filed 9/4/80.]
OTS-3692.1
REPEALER
The following sections of the Washington Administrative Code are repealed:
| WAC 308-57-005 | Definitions. |
| WAC 308-57-010 | Premise for assessing excise tax. |
| WAC 308-57-020 | Modified vehicles. |
| WAC 308-57-030 | Declaration of value. |
| WAC 308-57-110 | Excise tax fee schedules one and five. |
| WAC 308-57-120 | Excise tax fee schedules two and six. |
| WAC 308-57-130 | Excise tax fee schedule three. |
| WAC 308-57-135 | Excise tax fee schedule four. |
| WAC 308-57-140 | Excise tax exemptions. |
| WAC 308-57-210 | Excise tax in even dollars. |
| WAC 308-57-230 | Fleet abatement. |
| WAC 308-57-240 | Nonfleet abatement. |
| WAC 308-57-500 | Personal use motor vehicle excise tax credit -- Qualifications. |