WSR 99-01-133

PERMANENT RULES

DEPARTMENT OF LICENSING

[Filed December 21, 1998, 12:15 p.m.]



Date of Adoption: December 19, 1998.

Purpose: Meet criteria supporting Governor Locke's Executive Order 97-02.

Citation of Existing Rules Affected by this Order: Vehicle licenses, procedures for registration of farm vehicles and procedures for purchasing gross weight; repealing WAC 308-96A-150 Farm vehicles; amending WAC 308-96A-201 Purchasing gross weight--Expiration dates, 308-96A-205 Gross weight--Increasing declared gross weight, 308-96A-206 Gross weight--Decreasing declared gross weight, 308-96A-207 Gross weight--Changing from a farm use class to a nonfarm use class, 308-96A-208 Gross weight--Changing from a nonfarm use class to a farm use class, 308-96A-210 Gross weight--Transfer of gross weight license to a new owner and 308-96A-220 Gross weight--Transfer of gross weight license to a replacement vehicle; and new WAC 308-96A-202 Power units towing trailers with permanent registration and 308-96A-203 Permanent trailer registration.

Statutory Authority for Adoption: RCW 46.01.110, 46.16.070, 46.16.135.

Adopted under notice filed as WSR 98-21-059 on October 20, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, amended 7, repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 2, amended 7, repealed 1; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

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

December 21, 1998

Fred Stephens

Director

OTS-2588.1

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



WAC 308-96A-201  Purchasing ((a)) gross weight ((license))--Expiration dates. (1) ((When purchasing a gross weight license with a declared gross weight of twelve thousand pounds or less, the gross weight license expiration must be the same as the registration expiration. Gross weight fees must be paid for the same number of months as the registration.

(2) When purchasing a gross weight license with a declared gross weight of fourteen thousand pounds or more, it is the owner's option to purchase from one to twelve consecutive months of gross weight license at the time of registration of the vehicle. When renewing the registration, the gross weight license must be purchased for the first month the new registration is effective. The expiration date of any monthly gross weight license shall be the same day of the month as the registration expiration date.

(3) When a vehicle registration expires the 31st of a month, the monthly gross weight license expires the 31st. The monthly gross weight license will expire on the last calendar day of those months having fewer than thirty-one days.

(4) When there is a partial month between the requested effective date of the gross weight license and the expiration date of the gross weight license, gross weight fees shall be charged for a full month.)) What would the gross weight expiration date be if I purchase twelve thousand pounds or less?

The gross weight license expiration must be the same as the registration expiration. Gross weight fees must be paid for the same number of months as the registration.

(2) What would the gross weight expiration date be if I purchase fourteen thousand pounds or more?

You, the owner, have two options:

(a) If you choose to purchase twelve months gross weight, the expiration date of the gross weight is the same as the expiration date of the vehicle registration; or

(b) If you choose to purchase one to eleven consecutive months, the expiration date of the gross weight is the same day of the month as the expiration date of the vehicle registration. For example: If the vehicle registration expires March 9, monthly gross weight licenses will expire April 9, May 9, etc. Monthly gross weight may not be purchased beyond the vehicle registration expiration date.

(3) When renewing the registration, and purchasing monthly gross weight, what is the effective date of my gross weight license?

The effective date of the gross weight license must be the first month the new registration is effective. Example: If the vehicle expiration is March 9, and the vehicle registration is purchased prior to April 9, the effective date is March 9. If the registration is purchased June 15, the effective date is June 9, etc. When there is a partial month between the requested effective date of the gross weight license and the expiration date of the gross weight license, gross weight fees shall be charged for a full month.

(4) If the vehicle registration expiration date is the thirty-first day of the month, what is the expiration date of the gross weight for those months having fewer than thirty-one days?

If the vehicle registration date is the thirty-first, the monthly gross weight will expire on the last calendar day of those months having fewer than thirty-one days.



[Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-201, filed 1/2/92, effective 2/2/92.]



NEW SECTION



WAC 308-96A-202  Power units towing trailers with permanent registrations. (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) 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.



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NEW SECTION



WAC 308-96A-203  Permanent trailer registrations. (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.



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



WAC 308-96A-205  Gross weight--Increasing declared gross weight. (1) ((A vehicle owner may increase the declared gross weight on a currently registered truck, tractor, or truck tractor. When increasing declared gross weight from twelve thousand pounds or less, the expiration date of the gross weight license will be the same as the registration expiration date.

(2) When increasing declared gross weight from fourteen thousand pounds or more, the expiration date of such increase shall be the same as the expiration date of the current gross weight license. When increasing declared gross weight, the gross weight license may be purchased to, but not exceed, the registration expiration date.

(3) When increasing gross weight, the owner has the option of making the effective date of the increase the day of application or the first day of any gross weight license month already purchased. Gross weight fees for the increased declared gross weight are charged from the first day of the gross weight license month that the increase is effective through the increased gross weight license expiration date.

(4) In order to receive credit for gross weight license fees already paid, the current registration certificate must be surrendered. If the registration certificate has been lost, the license agent must verify the gross weight license expiration date on record and have the applicant sign a statement that the registration certificate is lost and the gross weight license has not been transferred to another vehicle.

(5) Credit will be allowed for the number of months and at the rate of the declared gross weight previously purchased for the period between the effective date of the increased gross weight license and the expiration date of the previous gross weight license. Credit will not be given for the statutory fees charged for the privilege of purchasing gross weight licenses by the month.)) May I increase the declared gross weight on my vehicle if the current declared gross weight is insufficient?

Yes, you may, by applying at any Washington vehicle licensing office.

(2) What would the gross weight expiration date be when I increase the declared gross weight of my vehicle?

(a) If the current declared gross weight is twelve thousand pounds or less, the increased gross weight expiration date will be the same as your vehicle registration expiration date; or

(b) If the current declared gross weight is fourteen thousand pounds or more, the gross weight expiration date will remain the same as is currently in effect. You may choose to purchase additional months of gross weight not to exceed the vehicle registration expiration date.

(3) What will be the start date of the new gross weight license?

The new gross weight license start date is the first day of the current registration month, as described in WAC 308-96A-201 (2)(b), or any subsequent registration month of the current gross weight license period.

(4) Will I receive credit for gross weight fees that I have already paid?

You will receive dollar value credit for the number of months from the start date of the new gross weight license to the expiration of the current gross weight license and at the rate of the declared gross weight of the current gross weight license. However, you must surrender the current gross weight license in order to receive credit. If the gross weight license is lost, stolen or destroyed, you must sign an affidavit of loss and a statement that the gross weight license has not been transferred to another vehicle. You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135.

(5) How many months gross weight fees will I be charged when I increase the declared gross weight on my vehicle?

You will be charged for the number of months from the start date of the new gross weight license to the expiration of the new gross weight license at the rate of new declared gross weight amount and use class. Credit will be given as provided in subsection (4) of this section. You will also be charged for the permit fees as defined in RCW 46.16.135, when applicable, in addition to all other fees required to license the vehicle.



[Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-205, 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-205, 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-205, filed 5/5/86; Order MV-328, 308-96A-205, filed 7/24/75.]



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



WAC 308-96A-206  Gross weight--Decreasing declared gross weight. (1) ((A vehicle owner may decrease the declared gross weight on a currently registered truck, tractor, or truck tractor. When decreasing the declared gross weight, the expiration date of such decrease shall be the same as the expiration date of the current gross weight license. When decreasing the declared gross weight, the gross weight license may be purchased to, but not exceed, the registration expiration date.

(2) When decreasing declared gross weight to twelve thousand pounds or less, the decreased gross weight license must be purchased to expire the same date as the registration. If the owner applies for the decrease in declared gross weight on the first day of a gross weight license month, the owner has the option of making the effective date of the decrease the day of application or the first day of any gross weight license month already purchased. When decreasing declared gross weight, on other than the first day of a gross weight license month, the owner may not make the effective date the current registration month, however the owner does have the option of making the effective date the first day of any subsequent gross weight license month already purchased. Gross weight fees are charged at the decreased declared gross weight rate for the number of full months from the first day of the gross weight license month that the decrease is effective through the decreased gross weight license expiration date.

(3) In order to receive credit for gross weight license fees already paid, the current registration certificate must be surrendered. If the registration certificate has been lost, the license agent must verify the gross weight license expiration on record and have the applicant sign a statement that the registration certificate is lost and the gross weight license has not been transferred to another vehicle.

(4) Credit will be allowed for the number of months and at the rate of the declared gross weight previously purchased for the period between the effective date of the decreased gross weight license and the expiration date of the previous gross weight license. Credit will not be given for the statutory fees charged for the privilege of purchasing gross weight licenses by the month. At the time of application for declared gross weight, any excess credit accrued as a result of such decrease may be applied toward the payment of gross weight fees for the gross weight license months between the decreased gross weight license expiration date and the registration expiration date. Credit may not be carried over to the next registration year and any credit still remaining after purchasing gross weight license to the registration expiration date shall be forfeited.)) May I decrease the declared gross weight on my vehicle?

Yes, you may, by applying at any Washington vehicle licensing office.

(2) When is the best time to decrease the declared gross weight on my vehicle?

Unless you have been advised by law enforcement to decrease the declared gross weight on your vehicle, the best time is at the time you are purchasing gross weight. Decreasing the declared gross weight results in a forfeiture of gross weight fees paid, unless you purchase additional months within the same registration year.

(3) What would the gross weight expiration date be when I decrease the declared gross weight of my vehicle?

(a) If the declared gross weight is twelve thousand pounds or less, the gross weight expiration date will be the same as your vehicle registration expiration date; or

(b) If the declared gross weight is fourteen thousand pounds or more, the gross weight expiration date will remain the same as is currently in effect. You may choose to purchase additional months of gross weight not to exceed the vehicle registration expiration date.

(4) What will be the start date of the new gross weight license?

The start date will depend upon the date of application. If the application is made on the first day of a gross weight license month, the owner has the option of making the start date the day of application, or the first day of any gross weight license month already purchased. If the application is made other than on the first day of the gross weight license month, the owner has the option of making the effective date the first day of any gross weight license month already purchased. The start date may not be prior to the date of application.

(5) Will I receive credit for gross weight fees that I have already paid?

You will receive dollar value credit for the number of months and at the rate of the declared gross weight previously purchased for the period between the effective date of the change and the expiration date of the previously issued gross weight license. At the time of application, any excess credit accrued as a result of such change may be applied toward the payment of gross weight license fees for the gross weight license months between the previous gross weight license expiration date and the registration expiration date. Credit may not be carried over to the next registration year and any credit still remaining after decreasing gross weight to the registration expiration date shall be forfeited. You must surrender the current gross weight license in order to receive credit. If the gross weight license is lost, stolen or destroyed, you must sign an affidavit of loss and a statement that the gross weight license has not been transferred to another vehicle. You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135.

(6) How many months gross weight fees will I be charged when I decrease the declared gross weight of my vehicle?

You will be charged for the number of months from the start date of the new gross weight license to the expiration of the new gross weight license at the rate of new declared gross weight. Credit will be given as provided in subsection (5) of this section. You will also be charged for the permit fees as defined in RCW 46.16.135, when applicable, in addition to all other fees required to license the vehicle.



[Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-206, filed 1/2/92, effective 2/2/92.]



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



WAC 308-96A-207  Gross weight--Changing from a farm use class to ((commercial)) a nonfarm use class. (1) ((A vehicle owner may change the use class of a vehicle from farm to commercial on a currently registered truck, tractor, or truck tractor. When changing from farm to commercial use class on a vehicle with a declared gross weight of twelve thousand pounds or less, the expiration date of the new commercial use class will be the same as the current registration expiration date. When changing from farm to commercial use class on a vehicle with a declared gross weight of fourteen thousand pounds or more, the expiration date of such change shall be the same as the expiration date of the previously issued gross weight license. When changing the use class from farm to commercial, the gross weight license may be purchased to, but not exceed, the registration expiration date.

(2) When changing from farm to commercial use class on a vehicle with a declared gross weight of fourteen thousand pounds or more, the owner has the option of making the effective date of the change the day of application or the first day of any gross weight license month already purchased. Commercial gross weight fees are charged from the first day of the gross weight license month that the change of use class is effective through the commercial use class gross weight license expiration date.

(3) In order to receive credit for gross weight license fees already paid, the current registration certificate must be surrendered. If the registration certificate has been lost, the license agent must verify the gross weight license expiration date on record and have the applicant sign a statement that the registration certificate is lost and the gross weight license has not been transferred to another vehicle.

(4) Credit will be allowed for the number of months and at the farm rate for gross weight license fees already paid for the period between the effective date of the change in use class and the expiration date of the previous farm gross weight license. Credit will not be given for the statutory fees charged for the privilege of purchasing gross weight licenses by the month.)) When would I need to change my vehicle registration from a farm use class to a nonfarm use class?

You need to change your vehicle registration from a farm to nonfarm use class when the vehicle is no longer being used solely for farm purposes as defined in RCW 46.16.090.

(2) What would the gross weight expiration date be when I change my vehicle registration from a farm use class to a nonfarm use class?

(a) If the declared gross weight is twelve thousand pounds or less, the gross weight expiration date will be the same as your vehicle registration expiration date; or

(b) If the declared gross weight is fourteen thousand pounds or more, the gross weight expiration date will remain the same as is currently in effect. You may choose to purchase additional months of gross weight not to exceed the vehicle registration expiration date.

(3) What will be the start date of the gross weight license with the nonfarm use class?

The new gross weight license start date is the first day of the current registration month, as described in WAC 308-96A-201 (2)(b), or any subsequent registration month of the current gross weight license period.

(4) Will I receive credit for gross weight fees that I have already paid?

You will receive dollar value credit for the number of months from the start date of the new gross weight license to the expiration of the current gross weight license and at the rate of the declared gross weight of the current gross weight license. However, you must surrender the current gross weight license in order to receive credit. If the gross weight license is lost, stolen or destroyed, you must sign an affidavit of loss and a statement that the gross weight license has not been transferred to another vehicle. You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135.

(5) How many months gross weight fees will I be charged when I change my vehicle registration from farm to nonfarm?

You will be charged for the number of months from the start date of the new gross weight license to the expiration of the new gross weight license at the rate of new declared gross weight amount and use class. Credit will be given as provided in subsection (4) of this section. You will also be charged for the permit fees as defined in RCW 46.16.135, in addition to all other fees required to license the vehicle.



[Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-207, filed 1/2/92, effective 2/2/92.]



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



WAC 308-96A-208  Gross weight--Changing from ((commercial)) a nonfarm use class to a farm use class. (1) ((A vehicle owner may change the use class of a vehicle from commercial to farm on a currently registered truck, tractor, or truck tractor. When changing use class from commercial to farm on a vehicle with a declared gross weight of twelve thousand pounds or less, the expiration date of the farm gross weight license will be the same as the current registration expiration date. When changing use class from commercial to farm on a vehicle with a declared gross weight of fourteen thousand pounds or more, the expiration date of such change shall be the same as the previously issued gross weight license. When changing use class from commercial to farm, the gross weight license may be purchased to, but not exceed, the registration expiration date.

(2) If the vehicle owner applies for a change in use class on the first day of a gross weight license month, the owner has the option of making the effective date of the change the day of application or the first day of any gross weight license month already purchased. When changing use class from commercial to farm on other than the first day of a gross weight license month, the owner may not make the effective date the current registration month, however, the owner does have the option of making the effective date the first day of any subsequent gross weight license month already purchased. Gross weight license fees are charged at the farm rate for the number of full months from the first day of the gross weight license month that the farm use class is effective through the commercial gross weight license expiration date.

(3) In order to receive credit for gross weight license fees already paid, the current registration certificate must be surrendered. If the registration certificate has been lost, the license agent must verify the gross weight license expiration date on record and have the applicant sign a statement that the registration certificate is lost and the gross weight license has not been transferred to another vehicle.

(4) Credit will be allowed for the number of months and at the rate of the declared gross weight previously purchased for the period between the effective date of the change in use class and the expiration date of the previously issued gross weight license. Credit will not be given for the statutory fees charged for the privilege of purchasing gross weight licenses by the month. At the time of application for change of use class from commercial to farm, any excess credit accrued as a result of such change may be applied toward the payment of gross weight license fees for the gross weight license months between the commercial gross weight license expiration date and the registration expiration date. Credit may not be carried over to the next registration year and any credit still remaining after purchasing gross weight license to the registration expiration date shall be forfeited.)) When may I change my vehicle registration from a nonfarm use class to a farm use class?

You may change your vehicle registration from a nonfarm to farm use class when the vehicle is being used solely for farm purposes as defined in RCW 46.16.090.

(2) When is the best time to change my vehicle registration from a nonfarm use class to a farm use class?

The best time to change your vehicle registration from a nonfarm to a farm use class is at the time you are purchasing gross weight, because changing from nonfarm to farm results in a forfeiture of gross weight fees paid, unless you are increasing your declared gross weight enough to make up the difference between the nonfarm and the farm gross weight fees.

(3) What would the gross weight expiration date be when I change my vehicle registration from a nonfarm use class to a farm use class?

(a) If the declared gross weight is twelve thousand pounds or less, the gross weight expiration date will be the same as your vehicle registration expiration date; or

(b) If the declared gross weight is fourteen thousand pounds or more, the gross weight expiration date will remain the same as is currently in effect. You may choose to purchase additional months of gross weight not to exceed the vehicle registration expiration date.

(4) What will be the effective date of the gross weight license with the farm use class?

The effective date will depend upon the date of application. If the application for a change in use class is made on the first day of a gross weight license month, the owner has the option of making the effective date of the change the day of application, or the first day of any gross weight license month already purchased. If the application for change in use class is made other than on the first day of the gross weight license month, the owner has the option of making the effective date the first day of any gross weight license month already purchased. The effective date may not be prior to the date of application.

(5) Will I receive credit for gross weight fees that I have already paid?

You will receive dollar value credit for the number of months and at the rate of the declared gross weight previously purchased for the period between the effective date of the change in use class and the expiration date of the previously issued gross weight license. At the time of application for change of use class from commercial to farm, any excess credit accrued as a result of such change may be applied toward the payment of gross weight license fees for the gross weight license months between the commercial gross weight license expiration date and the registration expiration date. Credit may not be carried over to the next registration year and any credit still remaining after purchasing gross weight license to the registration expiration date shall be forfeited. You must surrender the current gross weight license in order to receive credit. If the gross weight license is lost, stolen or destroyed, you must sign an affidavit of loss and a statement that the gross weight license has not been transferred to another vehicle. You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135.

(6) How many months gross weight fees will I be charged when I change my vehicle registration from nonfarm to farm?

You will be charged for the number of months from the start date of the new gross weight license to the expiration of the new gross weight license at the rate of new declared gross weight amount and use class. Credit will be given as provided in subsection (5) of this section. You will also be charged for the permit fees as defined in RCW 46.16.135, in addition to all other fees required to license the vehicle.



[Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-208, filed 1/2/92, effective 2/2/92.]



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



WAC 308-96A-210  Gross weight--Transfer of gross weight license to new owner. (1) ((A gross weight license of twelve thousand pounds or less must be transferred to a new owner at the time of title transfer of the vehicle. A gross weight license of fourteen thousand pounds or more may be transferred to the new owner at the time of title transfer of the vehicle.

(2) Any gross weight credit not transferred to a new owner or to a replacement vehicle shall be forfeited and shall not be refunded.

(3) When transferring a gross weight license to a new owner, gross weight fees are charged from the first day of the registration month in which the application is made to the expiration date of the current gross weight license. The applicant may purchase gross weight license by the month, up to but not exceeding, the registration expiration date.

(4) To receive credit for gross weight license fees of fourteen thousand pounds or more, the current registration certificate must be surrendered. If the registration certificate has been lost, the license agent must verify the gross weight license expiration date on record and have the owner of record sign a statement that the registration certificate is lost and the gross weight license has not been transferred to another vehicle.

(5) Credit of $15.00 or more will be allowed for the number of months and at the rate of the declared gross weight previously purchased for the period between the application date and the expiration date of the previously issued gross weight license. If the credit amount is less than $15.00, no credit may be allowed. Credit may not be given for the statutory fees charged for the privilege of purchasing gross weight licenses by the month.)) Is a gross weight license transferable to a new owner at the time of transfer of ownership?

Yes. A gross weight license of twelve thousand pounds or less must be transferred to a new owner at the time of transfer of ownership of the vehicle. If the seller has signed off the gross weight license, the gross weight license of fourteen thousand pounds or more may be transferred to the new owner at the time of transfer of ownership of the vehicle. The seller also has the option of retaining the gross weight license to transfer to a replacement vehicle as provided in WAC 308-96A-220.

(2) What happens if the gross weight license is neither transferred to the new owner or a replacement vehicle?

Any gross weight credit not transferred to the new owner or to a replacement vehicle shall be forfeited and shall not be refunded.

(3) What will be the start date of the gross weight license when transferred to the new owner?

(a) The new gross weight license start date for twelve thousand pounds or less is the first day of current registration year; or

(b) The new gross weight license start date for fourteen thousand pounds or more is the first day of the registration month in which application for transfer of ownership is made. A gross weight license cannot be purchased for a partial registration month. For example: If the current gross weight license start date was the 24th, the expiration is on the 23rd, and an application for transfer of ownership is made on the 17th, then the effective date of the new gross weight license is the 24th of the current registration month.

(4) What would the new gross weight expiration date be?

(a) If the current declared gross weight is twelve thousand pounds or less, the new gross weight expiration date will be the same as the vehicle registration expiration date; or

(b) If the current declared gross weight is fourteen thousand pounds or more, the gross weight expiration date will remain the same as is currently in effect. You may choose to purchase additional months of gross weight not to exceed the vehicle registration expiration date.

(5) How many months gross weight fees will I be charged when I apply for transfer of ownership?

You will be charged for the number of months from the start date of the new gross weight license to the expiration of the new gross weight license at the rate of the declared gross weight amount. Credit will be given as provided in subsection (6) of this section. You will also be charged for the permit fees as defined in RCW 46.16.135, when applicable, in addition to all other fees required to license the vehicle.

(6) Will I receive credit for gross weight fees that have already been paid?

If the previous owner has provided you with the signed off gross weight license, and the gross weight credit is fifteen dollars or more, you will receive dollar value credit for the number of months from the start date of the new gross weight license to the expiration of the current gross weight license and at the rate of the declared gross weight of the current gross weight license. However, you must surrender the current gross weight license in order to receive credit. If the gross weight license is lost, stolen or destroyed, you must provide an affidavit of loss and a statement from the seller that the gross weight license has not been, or will not be, transferred to another vehicle. You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135.



[Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-210, filed 1/2/92, effective 2/2/92. 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-210, filed 5/5/86; Order MV-328, 308-96A-210, filed 7/24/75.]



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



WAC 308-96A-220  Gross weight--Transfer of gross weight license to a replacement vehicle. (1) ((The gross weight license on a truck, tractor, or truck tractor may be transferred to a replacement vehicle if the amount of credit is fifteen dollars or more.

(2) In order to qualify as a replacement, a vehicle must be:

(a) A presently unlicensed vehicle belonging to the owner; or

(b) A vehicle purchased for replacement which has either not been previously licensed for the current registration year or has had its gross weight license retained by its former owner.

(3) A person may transfer a gross weight license from one vehicle to a replacement vehicle when the previously licensed vehicle has been:

(a) Sold and the gross weight credit amount of fifteen dollars or more is retained;

(b) Destroyed;

(c) Reclassified so a gross weight license is no longer required;

(d) Registered in another jurisdiction;

(e) Involuntarily removed from the person's ownership by repossession, sheriff's sale, court order, chattel lien, landlord lien, abandoned vehicle sale; or

(f) Stolen.

(4) To receive credit for gross weight license fees already paid, the current registration certificate must be surrendered. If the registration certificate has been lost, the license agent must verify the gross weight license expiration date on record and have the applicant sign a statement that the registration certificate is lost and has not been transferred to another vehicle.

(5) When transferring a gross weight license, a credit of fifteen dollars or more will be allowed for the number of months and at the rate of the declared gross weight previously purchased for the period between the application date and the expiration date of the previous gross weight license. Credit is allowed only at the time the gross weight license is transferred to a replacement vehicle. Any excess credit shall be forfeited and shall not be refunded. Credit may not be given for the statutory fees charged for the privilege of purchasing gross weight licenses by the month.)) May I transfer a gross weight license to a replacement vehicle?

Yes, the gross weight license on a truck, tractor, or truck tractor may be transferred to a replacement vehicle if the amount of credit is fifteen dollars or more.

(2) What qualifies as a replacement vehicle?

A replacement vehicle must be:

(a) A presently unlicensed vehicle belonging to the same owner; or

(b) A vehicle purchased for replacement which has either not been previously licensed for the current registration year or has had its gross weight license retained by its former owner.

(3) When may I transfer gross weight license to a replacement vehicle?

A person may transfer a gross weight license from one vehicle to a replacement vehicle when the previously licensed vehicle has been:

(a) Sold and the gross weight credit amount of fifteen dollars or more is retained;

(b) Destroyed;

(c) Reclassified so a gross weight license is no longer required;

(d) Registered in another jurisdiction;

(e) Involuntarily removed from the person's ownership by repossession, sheriff's sale, court order, chattel lien, landlord lien, abandoned vehicle sale; or

(f) Stolen.

(4) What will be the start date of the gross weight license when transferred to the replacement vehicle?

(a) If the replacement vehicle is currently registered, the gross weight license start date will be the first day of the registration month in which the application for certificate of ownership is made.

(b) If the replacement vehicle is not currently registered, the gross weight license start date will be the day of application.

(c) If the replacement vehicle has been titled to the applicant for more than twelve months and the vehicle registration has been expired for less than one registration year, the gross weight license start date will be the same as described in (a) of this subsection.

(5) What would the new gross weight expiration date be?

(a) If the current declared gross weight is twelve thousand pounds or less, the new gross weight expiration date will be the same as the vehicle registration expiration date; or

(b) If the current declared gross weight is fourteen thousand pounds or more, the gross weight expiration date will remain the same as is currently in effect. You may choose to purchase additional months of gross weight not to exceed the replacement vehicle registration expiration date.

(6) How many months gross weight fees will I be charged when I apply for transfer of ownership?

You will be charged for the number of months and at the rate of the declared gross weight being purchased for the period between the start date and the expiration date of the new gross weight license.

(7) Will I receive credit for gross weight fees that have already been paid?

Yes, if the credit amount is fifteen dollars or more, you will receive dollar value credit for the number of full months from the date of application for the new gross weight license to the expiration of the current gross weight license and at the rate of the declared gross weight of the current gross weight license. However, you must surrender the current gross weight license in order to receive credit. If the gross weight license is lost, stolen or destroyed, you must provide an affidavit of loss and a statement from the applicant that the gross weight license has not been, or will not be, transferred with the vehicle to the new owner or to another vehicle. You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135. At the time of application, any excess credit accrued, as a result of such change, may be applied toward the payment of gross weight license fees for the gross weight license months between the previous gross weight license expiration date and the registration expiration date. Any credit still remaining after applying credit for gross weight to the replacement vehicle shall be forfeited. You must surrender the current gross weight license in order to receive credit. If the gross weight license is lost, stolen or destroyed, you must sign an affidavit of loss and a statement that the gross weight license has not been transferred to another vehicle. You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135.



[Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-220, 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-220, 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-220, filed 5/5/86; Order MV-328, 308-96A-220, filed 7/24/75.]



REPEALER



The following section of the Washington Administrative Code is repealed:



WAC 308-96A-150 Farm vehicles.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office