WSR 97-03-028

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed January 9, 1997, 10:10 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Chapter 308-96A WAC, Vehicle licensing.

Purpose: Update and clarify instructions for application for veteran's free license, Pearl Harbor Survivor license plates, Purple Heart license plates, and moped license plates.

Statutory Authority for Adoption: RCW 46.01.110.

Statute Being Implemented: Chapter 46.16 RCW.

Summary: The proposed amendments delete extraneous supporting documentation previously required to be furnished with applications for special license. Removes verbiage currently included in authorizing RCWs.

Reasons Supporting Proposal: Simplifies and reduces regulations previously adopted on these subjects.

Name of Agency Personnel Responsible for Drafting: Jack L. Lince, 1125 Washington Street S.E., Olympia, WA, (360) 902-3773; Implementation: Sandi Britton, 1125 Washington Street S.E., Olympia, WA, (360) 902-3811; and Enforcement: Nancy Kelly, 1125 Washington Street S.E., Olympia, WA, (360) 902-3754.

Name of Proponent: Department of Licensing, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: No new rules are being proposed.

Proposal Changes the Following Existing Rules: WAC 308-96A-046, administrative changes for clarity, delete conditions contained in the RCW. Delete requirement to furnish copy of marriage certificate; WAC 308-96A-056, administrative changes for clarity, delete requirement to furnish copy of vehicle registration and marriage license; WAC 308-96A-057, administrative changes for clarity, delete requirement to furnish copy of vehicle registration; WAC 308-96A-072, administrative changes for clarity; and WAC 308-96A-136, administrative changes for clarity, provide instructions for display of license plate and license plate tabs. Provides instruction for replacement of lost or destroyed license plates.

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. The proposed rule making does not impose more than a minor cost on businesses in an industry.

Section 201, chapter 403, Laws of 1995, 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 303, 1125 Washington Street S.E., Olympia, WA, on February 25, 1997, at 10:30 a.m.

Assistance for Persons with Disabilities: Contact Jack Lince by February 21, 1997, TDD (360) 664-8885.

Submit Written Comments to: Jack L. Lince, Contracts Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, FAX (360) 664-0831, by February 21, 1997.

Date of Intended Adoption: February 28, 1997.

January 8, 1997

Nancy Kelly, Administrator

Title and Registration Services

AMENDATORY SECTION (Amending WSR 92-02-100, filed 1/2/92, effective 2/2/92)

WAC 308-96A-046 Veteran's free license. (1) ((Any)) Disabled American veterans, former prisoners of war, ((or the)) surviving spouses of ((a)) deceased former prisoners of war ((who qualifies under chapter 73.04 RCW is entitled to)) qualified pursuant to RCW 73.04.110 may register and receive regular or special license plates ((and)) for one personal use vehicle. The personal use vehicle is exempt from ((paying any)) annual licensing fees ((or)) and motor vehicle excise tax.

((Permanent registration and permanent license plate tabs will be issued to qualified persons for use on one)) (2) For purposes of this section, "personal use ((passenger)) vehicle" ((which includes)) means passenger vehicles, motor homes, motorcycles, and trucks rated at less than twelve thousand pounds gross weight.

(3) Emission inspections are required ((in alternate years in the designated inspection areas)) pursuant to chapter 70.120 RCW.

((For)) (4) When personalized license plates are issued, the ((annual renewal)) personalized license plate fee pursuant to RCW 46.16.585 is required to be paid.

(5) Propane, butane, and natural gas powered vehicles ((are)) subject to annual liquefied petroleum gas (LPG) fees pursuant to RCW 82.38.075 is required to be paid.

(((2) For a)) (6) Disabled American veterans((,)) must provide confirmation of eligibility ((from the Veterans Administration or the military service from which the veteran was discharged must accompany)) pursuant to RCW 73.04.110 with the initial application. ((The confirmation of eligibility shall be certification of a service-connected disability rating and certification of one or more of the following conditions of eligibility:

(a) Has lost the use of both hands or one foot;

(b) Has become blind in both eyes as the result of military service; or

(c) Is rated by the Veterans Administration or the military service from which the veteran was discharged and is receiving service-connected compensation at the one hundred percent rate that is expected to exist for more than one year. Verification of vision acuity may be provided by an ophthalmologist or optometrist. Verification that the disabled veteran is receiving compensation at the one hundred percent rate, which may include unemployability expected to exist for more than one year, must be provided by the Veterans Administration or the military service from which the veteran was discharged.

(3) For a former prisoner of war, certification of the following fact from the Veteran's Administration or the military service from which the veteran was discharged must accompany the initial application: That the person was captured and incarcerated for more than twenty-nine days by an enemy of the United States during a period of war with the United States.

(4))) (7) The surviving spouse of a deceased former prisoner of war may be issued a regular or special prisoner of war license plate even if the deceased had not been issued a plate pursuant to chapter 73.04 RCW. In addition to confirming eligibility for the deceased, the spouse must furnish the following:

(a) A certified copy of the death certificate of the deceased former prisoner of war; and

(b) ((A copy of the marriage certificate indicating the union of the applicant and the former prisoner of war; and

(c))) An affidavit that the applicant is not currently married or remarried after the death of the former prisoner of war.

(((5))) (8) When the special license plate or free veteran license is transferred to another vehicle, ((a replacement plate fee, full license fees and the excise tax for twelve months will be collected on the vehicle from which the exemption is being removed. A new license expiration date will be established beginning with the day and the month on which the exemption is transferred)) the registration period for the vehicle, from which the exemption is removed, is expired. The disabled veteran, former prisoner of war or surviving spouse of a former prisoner of war must notify the department of the transfer and pay the transfer fees in effect.

(((6))) (9) The disabled veteran, former prisoner of war or surviving spouse of a former prisoner of war must be a registered or co-registered owner or lessee or co-lessee of the vehicle for which ((licensure)) a free veteran license is granted.

(((7))) (10) When a vehicle with a free veteran(('s)) license is sold or otherwise disposed of, the special license plate must be removed and ((the excise tax and license fees for a twelve-month period must be paid by the new registered owner at time of title transfer)) the registration period for the vehicle is expired.

[Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-046, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.01.110 and 46.12.070. 91-04-025, 308-96A-046, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.110 and 46.16.276, 1987 c 98 1 and RCW 73.04.110 as amended by 1987 c 98 2. 88-01-010 (Order TL/RG 39), 308-96A-046, filed 12/7/87. Statutory Authority: RCW 46.01.110. 85-15-059 (Order TL-RG-14), 308-96A-046, filed 7/17/85. Statutory Authority: RCW 46.01.110 and 46.16.600. 84-21-130 (Order TL/RG-9), 308-96A-046, filed 10/24/84. Formerly WAC 308-96A-045.]

AMENDATORY SECTION (Amending WSR 91-04-025, filed 1/29/91, effective 3/1/91)

WAC 308-96A-056 Pearl Harbor survivor license plates. Any Washington resident who served in the United States armed forces and is a survivor of the attack on Pearl Harbor ((as defined in RCW 46.16.305(4),)) may receive a set of special license plates ((designed by the department to indicate that the recipient is a survivor of the Japanese attack on Pearl Harbor)) pursuant to RCW 46.16.305.

(1) Applications for the special license plates shall ((be upon forms provided by the department. Supplemental qualifying documentation shall)) include:

(a) A certification of eligibility from a Washington state chapter of the Pearl Harbor Survivors Association; and

(b) ((A current vehicle registration for the vehicle for which the special license plates are issued;

(c))) An armed forces document showing date of induction and date of honorable discharge from the United States Armed Forces.

(2) If the applicant is the surviving spouse of a deceased Pearl Harbor survivor, in addition to the documentation furnished in subsection (1) of this section, the ((surviving spouse)) applicant shall include:

(a) A certified copy of the Pearl Harbor survivor's death certificate; and

(b) ((A copy of the marriage license indicating the union of the applicant and the Pearl Harbor survivor; and

(c))) An affidavit that the applicant is not currently married.

(3) An applicant must be a registered owner, co-owner or lessee, or co-lessee of the vehicle ((for)) on which the special license plates ((are issued)) will be used.

[Statutory Authority: RCW 46.01.110 and 46.12.070. 91-04-025, 308-96A-056, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.100, 46.16.276 and 1987 c 44. 88-01-010 (Order TL/RG 39), 308-96A-056, filed 12/7/87.]

AMENDATORY SECTION (Amending WSR 93-14-083, filed 6/30/93, effective 7/31/93)

WAC 308-96A-057 Purple Heart license plates. Any military person that has been awarded a Purple Heart medal by any branch of the United States Armed Forces, including the Merchant Marines and the Women's Air Forces Service Pilots may be issued a set of special vehicle license plates indicating the recipient was wounded during one of this nations' wars or conflicts identified in RCW 41.04.005(2).

(1) Applicants for a special Purple Heart vehicle license plate shall satisfy the following conditions:

(a) Be a resident of the state of Washington;

(b) Have been wounded in combat;

(c) Been awarded a Purple Heart medal by any branch of the United States Armed Forces; and

(d) Be an owner, co-owner, lessee, or co-lessee of the vehicle ((to)) on which the Purple Heart special license plate will be ((issued)) used.

(2) Applications for the special license plates ((shall be upon forms provided by the department and sent to Specialized Licensing, Department of Licensing, P.O. Box 9043, Olympia, Washington 98507-9043. The application)) shall include the following supplemental documents:

(a) A photocopy of the applicant's form DD-214 or similar document issued by a branch of the United States Armed Forces which awarded the Purple Heart medal to the applicant and the date of award; and

(b) ((A photocopy of the current registration of the vehicle for which the special license plate is to be issued showing the applicants ownership status in the vehicle; and

(c))) A replacement license plate fee then in effect. Veterans who qualify for free vehicle licensing may be issued the Purple Heart special license plate without paying the replacement plate fee.

(3) Purple Heart special license plates may be issued for display on any two plated motor vehicle ((that is otherwise authorized to display a regular motor vehicle license plate, except)). The plates may not be issued for motorcycles((. Purple Heart special license plates may not be displayed on)) or nonmotor vehicles including campers and travel trailers.

(4) Purple Heart special license plates issued to any qualifying person may be retained by the surviving spouse of the demised qualifying person. The surviving spouse shall be afforded all rights and privileges of the qualified person so long as the surviving spouse:

(a) Was the legally recognized spouse of the qualifying person at the time of the demise of the qualifying person;

(b) Is a resident of the state of Washington;

(c) Is an owner, co-owner, lessee, or co-lessee of the vehicle ((to)) on which the Purple Heart special license plate is ((issued or may be issued;)) or will be used; and

(d) Doesn't ((become a legally recognized spouse to another person)) remarry. If the surviving spouse ((becomes a legally recognized spouse to another person)) remarries, the Purple Heart special license plate is invalid and must be removed from the vehicle ((and surrendered to the department)).

[Statutory Authority: RCW 46.01.110. 93-14-083, 308-96A-057, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.01.110 and 46.16.335. 91-15-006, 308-96A-057, filed 7/8/91, effective 8/8/91.]

AMENDATORY SECTION (Amending WSR 93-14-083, filed 6/30/93, effective 7/31/93)

WAC 308-96A-072 Square dancer license plates. (1) ((Any Washington state resident is entitled to)) The registered owner or lessee of a vehicle may apply to the department and ((upon satisfactory showing, to)) receive, in lieu of regular vehicle license plates, ((similar)) special square dancer license plates bearing a symbol of a ((square)) dancer.

(2) Square dancer license plates may be issued as provided in RCW ((46.16.010)) 46.16.301 (1)(b) for vehicles required to display two license plates. Vehicles licensed under the provisions of chapter 46.87 RCW are not eligible for square dancer license plates.

(3) A special license plate fee of thirty-five dollars, in addition to all other appropriate fees and taxes, ((will be)) is collected for each ((original)) set of square dancer license plates issued.

(((4) A special dancer license plate may be transferred as provided in RCW 46.16.590 to another eligible vehicle owned by the same registered owner.

(5) Replacement square dancer license plates may be obtained as provided in RCW 46.16.270. Replacement license plates shall be the next available license number plates in the square dancer plate series.))

[Statutory Authority: RCW 46.01.110. 93-14-083, 308-96A-072, filed 6/30/93, effective 7/31/93.]

AMENDATORY SECTION (Amending WSR 92-02-100, filed 1/2/92, effective 2/2/92)

WAC 308-96A-136 Mopeds--License plates. ((The decal or other identifying device for)) (1) Applicants registering a moped ((specified by)) pursuant to RCW 46.16.630 shall be ((the same as the)) issued motorcycle series license plates. The number on the license plates shall ((be)) serve as the moped's registration number.

(2) License plates issued for mopeds shall be displayed as provided in RCW 46.16.240 for motorcycles.

(3) Moped registrations shall be renewed annually as provided in chapter 46.16 RCW for motor vehicles. Upon renewal of registration, the applicant shall be issued license number tabs which shall be displayed on the license plates in the manner provided in WAC 308-96A-295 for motorcycles.

(4) Upon the loss, defacement, or destruction of a license plate issued for the moped, the owner shall make application for replacement license plates and pay a fee as provided in RCW 46.16.630 for an original decal or other identifying device.

[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.]

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