WSR 98-22-094
PROPOSED RULES
DEPARTMENT OF LICENSING
[Filed November 4, 1998, 9:27 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-18-083.
Title of Rule: Chapter 308-93 WAC, Vessel registration and certificate of title, vessel title and registration enforcement measures.
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 88.02.070, 308.02.100 [88.02.100].
Summary: WAC 308-93-250 Secured party not liable for acts of vessel owner, 308-93-270 Appeals to superior court from suspension cancellation, or refusal of registration or certificate of ownership and 308-93-280 Hull identification numbers; and repealing WAC 308-93-410 Cancel/refusal to issue certificate and 308-93-620 Hull identification number required.
Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.
Name of Agency Personnel Responsible for Drafting: Patrick J. Zlateff, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, (360) 902-4045.
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 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 303, 1125 Washington Street S.E., Olympia, WA 98507, on December 10, 1998, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by December 9, 1998, 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 December 9, 1998.
Date of Intended Adoption: January 4, 1999.
November 4, 1998
Nancy S. Kelly, Administrator
Title and Registration Services
OTS-2629.1
AMENDATORY SECTION (Amending Order 736-DOL, filed 11/18/83)
WAC 308-93-250 ((Legal owner)) Secured party not liable for
acts of ((registered)) vessel owner. ((The person, firm,
copartnership, association or corporation to whom a certificate
of title shall have been issued shall not thereby incur liability
or be responsible for damage, or otherwise, resulting from any
act or contract made by the registered owner or by any other
person acting for or by or under the authority of such registered
owner.)) Is the secured party liable for the acts of the vessel
owner?
No. The secured party is not liable or responsible for any act or contract made by the vessel owner or by any person representing the vessel owner.
[Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-250, filed 11/18/83.]
AMENDATORY SECTION (Amending Order TL-RG-2, filed 6/21/84)
WAC 308-93-270 Appeals to superior court from suspension,
((revocation,)) cancellation, or refusal of registration or
certificate of ((title)) ownership. May I appeal the
department's decision to refuse to issue a registration or
certificate of ownership or suspend or cancel a registration or
certificate of ownership?
Yes. The suspension, ((revocation,)) cancellation, or
refusal by the ((director)) department of any registration or
certificate of title provided for in chapter 88.02 RCW and
chapter 250, Laws of 1984, or chapter 308-93 WAC shall be
conclusive unless the person whose registration or certificate is
suspended, ((revoked,)) canceled, or refused appeals to the
superior court of Thurston County, or to the superior court of
the county of the person's residence, for the purpose of having
the suspension, ((revocation,)) cancellation, or refusal of such
registration or certificate set aside. Notice of appeal must be
filed within ten days after receipt of the notice of suspension,
((revocation,)) cancellation, or refusal. Upon the filing of the
notice of appeal the court shall issue an order to the
((director)) department to show cause why the registration should
not be granted or reinstated, which order shall be returnable not
less than ten days after the date of service thereof upon the
((director)) department. Service shall be in the manner
prescribed for service of summons and complaint in other civil
actions.
Upon the hearing on the order to show cause, the court shall
hear evidence concerning matters with reference to the
suspension, ((revocation,)) cancellation, or refusal of the
registration or certificate and shall enter judgment either
affirming or setting aside such suspension, ((revocation,))
cancellation, or refusal.
[Statutory Authority: RCW 88.02.070 and 88.02.100. 84-13-086 (Order TL-RG-2), § 308-93-270, filed 6/21/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-270, filed 11/18/83.]
AMENDATORY SECTION (Amending Order 736-DOL, filed 11/18/83)
WAC 308-93-280 ((Procedure when)) Hull identification
numbers ((altered or obliterated)). ((Before the department
shall issue a certificate of title, or reissue such a certificate
covering any vessel, the identification number of which has been
altered, removed, obliterated, defaced, omitted, or is otherwise
absent, the registered owner of the vessel shall file an
application with the department, upon a form provided, and
containing such facts and information as shall be required by the
department for the assignment of a special number for such
vessel. Upon receipt of such application, the department, if
satisfied the applicant is entitled to the assignment of an
identification number, shall designate a special identification
number for such vessel, which shall be noted upon the application
therefor, and likewise upon a suitable record of the
authorization of the use thereof, to be kept by the department.
This assigned identification number shall be placed upon the
vessel in the manner prescribed by the department. Upon receipt
by the department of an application for a certificate of title or
application for reissue of such certificate and the required fee
therefor, the department shall use such number as the numerical
or alpha-numerical identification marks for the vessel in any
certificate of registration or certificate of title that may
thereafter be issued therefor.)) (1) When is a hull
identification number required on a vessel?
A hull identification number is required whenever a vessel is titled or registered in Washington.
(2) When would a hull identification number (HIN) need to be assigned by the department?
The HIN needs to be assigned at the time of application through the vehicle field system whenever the HIN has been altered, removed, obliterated, defaced, omitted, or is otherwise absent.
(3) How is the department assigned HIN affixed to the vessel?
(a) The number shall be clearly imprinted or otherwise permanently affixed above the waterline in such a way that alteration, removal, or replacement would be obvious or evident; and
(b) The number shall be at least one quarter of an inch in height and shall be placed on:
(i) The outboard starboard side of the transom; or
(ii) The outermost starboard side at the end of the hull that bears the rudder or other steering mechanism, if there is no transom.
(4) Can the previous HIN be reaffixed?
At the department's discretion, it may authorize the vessel owner to reaffix the HIN.
(5) If a HIN is missing on a vessel that is abandoned on or along a public highway, may the vessel be processed through the abandoned vehicle process?
Yes. The department will assign a HIN at the time the purchaser applies for certificate of ownership.
(6) Is it unlawful to destroy, remove, alter, cover or deface the HIN?
Yes. It is unlawful for a person, firm, association or corporation to destroy, remove, alter, cover or deface a HIN.
[Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-280, filed 11/18/83.]
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 308-93-410 Cancel/refusal to issue certificate.
WAC 308-93-620 Hull identification number required.