WSR 97-06-027

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed February 26, 1997, 2:29 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-22-033.

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

Purpose: Maintenance and amendments to rules addressing vehicle fleet registrations and terminology used in vehicle licensing.

Statutory Authority for Adoption: RCW 46.01.110.

Statute Being Implemented: Chapter 46.16 RCW.

Summary: Amending terminology to reflect current meanings and deletion of unnecessary terms. Excluding certain trailing units from the number of vehicles required for fleet registration.

Reasons Supporting Proposal: Deleting obsolete terms and/or redefining terms to represent current usage. In the case of fleet vehicle counts, certain trailing units are no longer registered and should not be considered in fleet makeup.

Name of Agency Personnel Responsible for Drafting: Jack L. Lince, 1125 Washington Street S.E., Olympia, WA, (360) 902-3773; Implementation: Evelyn Barker, 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-005, amending terms or phrases currently in use for licensing vehicles; WAC 308-96A-161, excluding permanent registered trailing units from calculation of vehicles for qualification of a regular fleet; and WAC 308-96A-162, excluding permanent registered trailing units from calculation of vehicles for qualification of a permanent fleet.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business 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 April 8, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jack L. Lince by April 4, 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 April 4, 1997.

Date of Intended Adoption: April 11, 1997.

February 26, 1997

Nancy Kelly, Administrator

Title and Registration Services

AMENDATORY SECTION (Amending WSR 94-17-044, filed 8/10/94, effective 9/10/94)

WAC 308-96A-005 Terminology. Terms used in chapter 46.16 RCW and this chapter shall have the following meanings except where otherwise defined, and unless where used the context thereof clearly indicate to the contrary:

(1) The terms "license or licensing" and "register or registering" are synonymous ((for a transaction in which either the vehicle's registration expiration or the gross weight license or both is updated on the department's records. A registration certificate and current validation tabs are issued to the applicant unless the vehicle has current tabs or a permanent registration certificate and validation tabs, such as permanent fleet, Disabled American Veteran, or government owned vehicles)) and mean the act of registration of a vehicle pursuant to chapter 46.16 RCW.

(2) The terms "tonnage," "((gross weight license," "license based on)) declared gross weight," and "combined gross weight ((fees))" are used interchangeably when referring to license fees ((that are collected annually from owners of)) for trucks, motor trucks, truck tractors, road tractors, tractors, bus, auto stage, or for hire vehicles with seating capacity of more than six((, based upon the declared combined gross weight or declared gross weight)).

(3) (("Capacity fee" is used to refer to the load license for stages and for-hire vehicles with seating capacity of six or less and for fixed load vehicles including circus and tow.

(4) The term)) "No bill" ((refers to)) or "special mailer" means the notice to renew a license ((which is mailed)) provided by the department ((to the registered owner)) in lieu of a ((prebill)) renewal notice. The ((no bill)) special mailer requires additional or corrective information prior to the registration ((for the current year license)) renewal.

(((5) A)) (4) "Prebill" ((is)) or "renewal notice" means the notice to renew a vehicle license ((which is mailed)) provided by the department ((to the registered owner)).

(((6) References to)) (5) "Current year" means the current registration year unless otherwise stated.

(((7))) (6) "Month of expiration" or "expiration month" ((is)) means the calendar month during which a registration year ends.

(((8) A)) (7) "Fleet" ((is)) means a group of vehicles registered in the same owner name and which have been assigned the same fleet identifier code by the department.

(((a) "Perm or permanent fleet" means a fleet of one hundred or more commercial vehicles licensed to one registered owner where each vehicle is issued nonexpiring tabs and registration.

(b) "Regular fleet" means a fleet licensed to one registered owner where each vehicle is issued year and month tabs.

(9))) (8) "License fee" means ((and is limited to)) the fees required for the act of licensing a vehicle ((as set forth in)) pursuant to chapter 46.16 RCW. License fee ((excludes the)) does not include special license plate fees ((required for special vehicle license plates authorized by chapter 46.16 RCW)) and fees collected by the department for other jurisdictions.

(((10))) (9) "Day of expiration" ((is)) or "expiration day" means the day of the month that ((the)) a vehicle registration, gross weight license, ((and)) or tabs expire.

[Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. 94-17-044, 308-96A-005, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110. 93-14-083, 308-96A-005, filed 6/30/93, effective 7/31/93; 92-15-025, 308-96A-005, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-005, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.01.110 and 46.16.335. 91-15-006, 308-96A-005, filed 7/8/91, effective 8/8/91. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-005, filed 5/28/87. 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-005, filed 5/5/86; Order MV-355, 308-96A-005, filed 5/10/76; Order MV-328, 308-96A-005, filed 7/24/75.]

AMENDATORY SECTION (Amending WSR 92-15-025, filed 7/6/92, effective 8/6/92)

WAC 308-96A-161 Regular fleet registration. Any owner of a fleet of fifteen or more vehicles, excluding trailing units issued a permanent license plate pursuant to RCW 46.16.068, may apply for and be issued a regular fleet identifier code by the department. The owner may have any vehicle with a certificate of ((title)) ownership in the exact same owner name registered using the regular fleet identifier code. Regular vehicle license plate month and year tabs shall be issued. Monthly gross weight license may be purchased for individual vehicles.

Any vehicle with an expired registration will be removed from the regular fleet. Failure of the owner to maintain a minimum of fifteen vehicles with current registrations under the owner's fleet identification code shall automatically cause cancellation of their fleet identification code and removal of all of the owner's vehicles from the regular fleet designation.

[Statutory Authority: RCW 46.01.110. 92-15-025, 308-96A-161, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 46.01.110 and 46.16.335. 91-15-006, 308-96A-161, filed 7/8/91, effective 8/8/91.]

AMENDATORY SECTION (Amending WSR 92-15-025, filed 7/6/92, effective 8/6/92)

WAC 308-96A-162 Permanent fleet registration. (1) Any owner of a fleet of one hundred or more vehicles, excluding trailing units issued a permanent license plate pursuant to RCW 46.16.068, used for commercial purposes may apply for and be issued a permanent fleet identifier code by the department. Permanent fleets that were issued ((identifies)) identifier codes prior to April 1986 may continue to use the permanent fleet code issued without satisfying the one hundred or more vehicle requirement set forth in this section. The owner may have any vehicle used for commercial purposes, with a certificate of ((title)) ownership in the exact same owner name registered using the permanent fleet identifier code. ((Nonexpiring)) Permanent license plate tabs and registration documents shall be issued. Annual gross weight license must be purchased for each applicable vehicle.

(2) Any vehicle with an expired registration will be removed from the fleet. Failure of the owner to maintain a minimum of one hundred vehicles with current registrations under the owner's fleet identifier code, except as provided in subsection (1) of this section shall automatically cause cancellation of their permanent fleet identifier code and removal of all of the owner's vehicles from the permanent fleet designation.

[Statutory Authority: RCW 46.01.110. 92-15-025, 308-96A-162, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 46.01.110 and 46.16.335. 91-15-006, 308-96A-162, filed 7/8/91, effective 8/8/91.]

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