WSR 97-10-003

PERMANENT RULES

DEPARTMENT OF LICENSING

[Filed April 24, 1997, 2:02 p.m.]

Date of Adoption: April 24, 1997.

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

Citation of Existing Rules Affected by this Order: Amending WAC 308-96A-005, 308-96A-161, and 308-96A-162.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 97-06-027 on February 26, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 3, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 3, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 3, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

April 23, 1997

Evelyn P. Yenson

Director

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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