WSR 99-01-139

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed December 22, 1998, 9:19 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-16-074.

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

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 46.16.276, 43.17.060, 46.16.600, 46.01.110.

Summary: New WAC 308-96A-099 Use class descriptions and 308-96A-101 Scale weight; repealing WAC 308-96A-100 Licensing according to use instead of vehicle type, 308-96A-105 Motor homes, 308-96A-106 Campers titled as motor homes and 308-96A-120 Campers; and amending WAC 308-96A-110 Private bus, 308-96A-135 Fixed load vehicles, 308-96A-136 Mopeds--License plates, and 308-96A-145 Cab and chassis.

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, 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, 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 January 26, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by January 25, 1999, 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 January 25, 1999.

Date of Intended Adoption: February 20, 1999.

December 22, 1998

Nancy Kelly, Administrator

Title and Registration Services

by Evelyn Barker

OTS-2686.1

NEW SECTION



WAC 308-96A-099  Use class descriptions. (1) Why does the department assign use classes to vehicles?

The department assigns use classes to:

(a) Assess the proper license fees and excise tax for vehicles;

(b) Assign special brands on subsequent owner's certificate of ownership;

(c) Apply certain restrictions on the use of the vehicles, which prints on the vehicle registrations;

(d) Assign the proper license plates.

(2) Under what authority does the department assign use classes to vehicles?

The department assigns use classes under the authority of RCW 46.16.040.

(3) What use classes does the department assign and when do they apply?

The use classes the department assigns are described below:



abbreviation translation description
cab taxi cab Vehicle is used for carrying passengers between two points for compensation for an on-demand trip rather than a scheduled route. A vehicle with this use class may not carry any luggage or commodities that do not belong to a passenger being carried at the same time. In other words, the vehicle cannot just carry cargo between two points.
c/g converter gear Vehicle is an axle that is used to convert a semi-trailer to a full trailer. A converter gear may be titled but may not be licensed.
cmb combination Vehicle is either (1) a power unit with a declared gross weight of 42,000 pounds or more and towing a trailer; or (2) a trailing unit with permanent plates. The trailer may be towed only by a power unit with a CMB use class, or FCB depending on what is being hauled.
cmp camper Vehicle is a slide-in pickup camper (not a canopy) as defined in RCW 46.04.085. Even if the owner has chosen to permanently attach the camper to the pickup, the units need to be titled and licensed separately.
com commercial Vehicle is either (1) a power unit that does not pull a trailer or that pulls a trailer but the gross weight for the truck and trailer does not exceed 40,000 pounds; or (2) a trailing unit that is titled in a business name (including the name of a farm). A commercial trailer may be towed by a vehicle with PAS, TRK, COM, CMB, FAR or FCB use classes. If the trailer is being towed by a vehicle with FAR or FCB use class, the use of the trailer (items carried, etc.,) must meet the farm use class requirements.
cyc motorcycle Vehicle is a motorcycle, motor driven cycle or scooter. A moped does not qualify to be licensed as a motorcycle as defined in RCW 46.04.330 and 46.04.332.
ex exempt Vehicle can be any type of vehicle, which is owned by a city, county or state government agency or federally recognized Indian tribe located in the state of Washington. This includes school buses, which are owned or leased by school districts. If the school district contracts a company to provide total bus service, such as the bus, the driver and the maintenance, and the vehicle is registered in the name of the school district as registered owner, the vehicle qualifies for exempt license plates.
far farm Vehicle is a truck (or tractor) used to transport the farmer's own farm, orchard or dairy products as defined in RCW 46.16.090, or aquatic products as defined in RCW 15.85.020, from point of production to market or warehouse. The vehicle may also be used to transport the farmer's own farm supplies.
fcb farm

combination

Vehicle is (1) a power unit (not a trailer) with a declared gross weight of 42,000 pounds or more and towing a trailer; and (2) meets the criteria of FAR use class above.
fed federal Vehicle is owned by the federal government of the United States. Like exempt vehicles, this could be any type of vehicle. This does not include vehicles displaying license plates issued by the federal government.
fex farm exempt Vehicle is used exclusively in agricultural pursuits on farms as defined in RCW 46.16.010(3) and 46.04.181. The vehicle is usually a truck, but it could also be a bus, a motorcycle or off-road cycle.
fix fixed load Vehicle as defined in RCW 46.16.070(1). These vehicles have a unique use class because they are exempt from the law, which requires vehicles with a scale weight of more than six thousand pounds to have a declared gross weight of at least 150 percent of the scale weight. The basic license fee is based on the declared gross weight, or the next two thousand pound increment above the scale weight, or the next two thousand pound increment above the legal maximum gross weight as determined by the Washington state patrol or department of transportation. Fixed load vehicles are the only ones whose gross weight may actually be less than their scale weight, depending on their legal maximum gross weight. An oversize permit is required in addition to the registration in these cases.
f/h for hire Vehicle is used to transport people and/or commodities for compensation as defined in RCW 46.72.010. A for hire permit from business and professions division (BPD) is required.
h/c

horseless

carriage

Vehicle is a motorized vehicle over 40 years old with limited used as defined in RCW 46.16.307. The vehicle may not be used for normal transportation to and from work, to go to the store and pick up groceries, and so on.
h/d house dolly Vehicle constructed and used exclusively to move buildings or homes.
log logging Vehicle is a truck or trailer used exclusively for hauling logs.
mh motor home Motorized vehicle designed for human habitation and defined in RCW 46.04.305
mob mobile home Vehicle is a manufactured home as defined in RCW 46.04.302. Mobile homes are titled but generally not registered because of their size. Manufactured homes are taxed by the county, either as personal property or real property.
orv off-road

vehicle

Vehicle is used off-road. A vehicle licensed only as an ORV may not be operated on public roadways or ocean beaches.
pas passenger Vehicle is used to transport passengers as defined in RCW 46.04.382. Typically passenger cars, utility or multipurpose vehicles, passenger vans, and private busses are licensed as passenger vehicles.
ped moped Vehicle as defined in RCW 46.04.304 and subject to the restrictions in RCW 46.61.710.
per personal Vehicle is a personal use trailer as defined in RCW 46.16.065. Trailers owned by businesses or used for commercial purposes do not qualify for this use class.
res restored Vehicle is a motorized collector vehicle over 30 years old with limited use as defined in RCW 46.16.307. The vehicle may display either a collector vehicle license plate provided by the department or a license plate, which must have been first issued, for use the year the vehicle was manufactured. The vehicle must be currently registered in order to be assigned this use class and receive a special collector license plate or authority to use a restored license plate.
sch school Vehicle is owned and operated by a private school meeting the accreditation requirements of RCW 28A.195.010. The vehicle is used to transport children to and from school or in connection with school activities.
sno snowmobile Vehicle is a snowmobile as defined in RCW 46.10.020(2).
snx exempt

snowmobile

Vehicle is a snowmobile as defined in RCW 46.10.010(2) and owned by a city, county or state agency.
sta stage Vehicle is used as an auto stage as defined in RCW 46.04.050.
tlr trailer Vehicle is a personal use trailer as defined in RCW 46.04.620 but does not meet the size criteria for a PER use class. Trailers used by businesses or others for commercial purposes do not qualify for this use class.
tow tow Vehicle is a tow truck as defined in RCW 46.16.079 and 46.55.010(8). If the vehicle carries other vehicles, it does not qualify for the TOW use class and must be licensed as COM.
trk truck Vehicle is a personal use, light duty truck, with a declared gross weight of twelve thousand pounds or less. Trucks used for business or commercial purposes do not qualify for the TRK use class.
tvl travel

trailer

Vehicle is a travel trailer as defined in RCW 46.04.623, which includes park models of four hundred square feet or less and camp/tent trailers. It is designed and manufactured for temporary habitation.



(4) What use classes may the department assign to specific types of vehicles?

Use classes are assigned as listed below:

vehicle type use class special requirements
passenger cars cab, com, ex, fed, f/h, h/c, pas, res, orv, fex, sta COM-Scale weight, Statement of use F/H and STA-Scale weight, Number of seats
light duty trucks (including small vans) com, ex, far, fed, fex, h/c, res, sta, tow, trk, fix, f/h, orv F/H and STA-Number of seats

All use classes-Scale weight

medium/heavy duty trucks (including buses) cmb, com, ex, far, fcb, fex, fix, log, sch, tow, trk, fed, h/c, res, f/h F/H and STA-Number of seats

All use classes-Scale weight

trailers c/g, cmb, com, ex, fex, log, per, tlr, fed PER-Number of wheels

All use classes-Scale weight

cycles
motorcycles cyc, ex, fed, fex, h/c, orv, res
mopeds ex, fed, fex, orv, ped
snowmobiles sno, snx
utility/multipurpose vehicles cab, com, ex, fed, f/h, pas, sta, trk, far, fex, h/c, orv, res, sch COM, F/H, STA, TRK, FAR and FEX-Scale weight F/H and STA-Number of seats
recreation vehicles
travel trailers (including camp and tent trailers) ex, fed, tvl
campers cmp, ex, fed
motor homes ex, fed, mh
note: Gross weight and seat requirements per RCW 46.16.040.

(5) Do all powered three-wheeled vehicles need to be licensed as motorcycles?

No. If the vehicle qualifies as a motorcycle as defined in RCW 46.04.330 or 46.04.332, it will be licensed as a motorcycle for street use. However, if the vehicle has a bench seat and a steering wheel, it will be licensed as a passenger vehicle or truck.

(6) What license plates and use class will be assigned to my for hire vehicle?

The license plates and use class assigned to your for hire vehicle depends upon how you use your vehicle. All for hire vehicles transport passengers and commodities for compensation. For hire vehicles include cabulances, limousines, taxi cabs, and busses hauling passengers for compensation in addition to transporting school children. There are two use classes and license plate combinations assigned to for hire vehicles:

(a) CAB use class vehicles are assigned passenger license plates. These vehicles are used exclusively for transporting passengers and their possessions; and

(b) F/H use class vehicles are assigned truck license plates. These vehicles not only transport passengers for compensation, but also transport commodities, without passengers, for compensation.

(7) When may truck license plates be assigned to my passenger vehicle?

Truck license plates may be assigned to your passenger vehicle whenever the vehicle is used to transport commodities, produce, freight or animals for commercial purposes. The use class would be COM instead of PAS. This would require a title application, a scale weight slip and a certified/notarized statement of use describing how the vehicle will be used commercially.

(8) When may passenger license plates be assigned to my pick-up truck?

Passenger license plates may only be assigned to your pick-up truck if it has been modified to qualify as a passenger vehicle. The department requires confirmation from the Washington state patrol that the vehicle has been modified to qualify for passenger use.

(9) What use classes and license plates will be assigned to school buses?

(a) EX use class and county exempt license plates will be assigned to a school bus owned or leased by an exempt agency (school district);

(b) SCH use class and passenger license plates will be assigned to a school bus owned or leased by an accredited private school; or

(c) F/H use class and truck license plates will be assigned to school buses used for transporting passengers for compensation and not used exclusively for transporting school children to and from school or school related activities.

(10) May I license my motorcycle or any other motor vehicle for both road and off road use?

Yes, you may license your motorcycle or any other motor vehicle for both uses as long as the vehicle qualifies for road use. You will receive two registration certificates showing the vehicle is licensed for both uses. However, the certificate of ownership will show the use class associated with the road use.

(11) May I license my amphibious vehicle as a vehicle and a vessel?

Yes, you may license your amphibious vehicle for both uses as long as it qualifies for both uses. You will receive two registration certificates showing the vehicle is licensed for both uses. However, the certificate of ownership will show the use class associated with the road use.

(12) May I license my truck, truck tractor or tractor as a motor home?

Yes, you may license your truck, truck tractor or tractor as a motor home if:

(a) The vehicle meets the definition of a motor home in RCW 46.04.305; and

(b) You provide a Washington state patrol inspection confirming your vehicle may be licensed as a motor home; and

(c) You certify the vehicle will be used exclusively as a motor home.

(13) Is my truck, truck tractor or tractor which I use exclusively for towing my travel trailer licensed differently than any other like truck?

No. Your truck, truck tractor or tractor used exclusively for towing your travel trailer must be licensed in accordance with RCW 46.16.070. Depending on scale weight the use class will be TRK or COM.



[]



NEW SECTION



WAC 308-96A-101  Scale weight. (1) What is scale weight?

Scale weight is the weight of a vehicle without a load.

(2) When does the department require the scale weight of my vehicle?

The department requires the scale weight of your vehicle when:

(a) The use class requires gross weight under RCW 46.16.070 and 46.16.090;

(b) The vehicle is a trailer;

(c) The use class is F/H or STA;

(d) The vehicle is powered by propane, natural gas or butane;

(e) There is a discrepancy between the scale weight on department records or supporting documents and the actual weight of the vehicle; or

(f) The vehicle has been structurally modified changing the empty weight.

(3) What sources does the department accept for scale weight verification?

The department will accept:

(a) The shipping weight as shown on a manufacturer's statement/certificate of origin or factory invoice;

(b) A weight slip from a certified scale;

(c) Information provided by any guidebook or other publication of recognized standing in the vehicle industry;

(d) Unladen or scale weight as shown on supporting documentation issued by another jurisdiction; or

(e) In extenuating circumstances and as approved by the department, either a weight slip from a noncertified scale or an agreement reached between the applicant and the department.



[]



AMENDATORY SECTION (Amending Order MV-328, filed 7/24/75)



WAC 308-96A-110  Private bus. When may a vehicle be licensed as a private bus?

A vehicle may be licensed as a private bus without a load license if it carries passengers without compensation and is:

(1) Used by a hotel, resort or lodge to transport guests;

(2) Used by a parking service to transport parking customers to and from a transportation terminal or other destination;

(3) Used by its owner to transport an athletic team, an educational group, members of a religious organization, a show troupe or similar organization;

(4) Used by its owner to transport family, guests or employees;

(5) ((Used solely for the transportation of students, teachers or staff members for school activities, operated under contract to a school district, used for no other purpose and not owned or leased by the district; or

(6))) Used, as a school bus by a private school not accredited by the superintendent of public instruction.



[Order MV-328, 308-96A-110, filed 7/24/75.]



AMENDATORY SECTION (Amending Order TL/RG 24, filed 5/5/86)



WAC 308-96A-135  Fixed load vehicles. (1) ((Vehicles designed primarily for highway use with permanently attached structures such as well-drilling machinery, air compressor, rock crusher, conveyor, hoist, wrecker, donkey engine, cook house, tool house, bunk house, specialized underwater exploration support equipment or similar machine or structure may be licensed as fixed load vehicles. If the vehicle carries lading in addition to this fixed load, it must be licensed for the total gross weight, and not as a fixed load.

(2) Owners of vehicles designed primarily for off highway use and taxed as personal property are not required to pay excise taxes but must pay all other applicable fees when applying for a license or permit.

(3) A vehicle carrying a variable load such as a concrete mixer of the "ready mix" type, in which the concrete is mixed while the vehicle is making delivery, may not be licensed as a fixed load.)) What is a fixed load vehicle?

A fixed load vehicle is specified in RCW 46.16.070 and described in WAC 308-96A-099.

(2) Am I required to pay excise tax when I license my fixed load vehicle?

Washington law requires vehicles used on the public highways to be assessed excise tax. If your fixed load vehicle is used incidentally on the public highways and its primary purpose is not transportation, you may be eligible to place your vehicle on the county personal property tax rolls. If you provide the department with proof that your vehicle is listed on the county personal property tax rolls, you will pay personal property tax in lieu of excise tax.



[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-135, filed 5/5/86; Order MV-328, 308-96A-135, filed 7/24/75.]



AMENDATORY SECTION (Amending WSR 97-07-013, filed 3/11/97, effective 4/11/97)



WAC 308-96A-136  Mopeds--License plates. (1) ((Applicants registering a moped pursuant to RCW 46.16.630 shall be issued motorcycle series license plates. The number on the license plates shall 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.)) Will the department issue a license plate to my moped?

The department will issue a motorcycle series license plate for your moped when you make proper application.

The number on the license plate serves as the moped's registration number as required in RCW 46.16.630.

(2) How do I display my license plate on my moped?

The license plate shall be displayed on the rear of your moped as provided in RCW 46.16.240.



[Statutory Authority: RCW 46.01.110. 97-07-013, 308-96A-136, filed 3/11/97, effective 4/11/97. 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.]



AMENDATORY SECTION (Amending Order TL/RG 24, filed 5/5/86)



WAC 308-96A-145  Cab and chassis. ((A truck may be licensed as a cab and chassis. When the body or special equipment has been installed, the owner must apply for a reissue of title and registration to show the new series and body type. Proof of ownership, a new weight slip and additional excise tax covering the additional value of the vehicle must accompany the application.)) (1) What is a cab and chassis?

A cab and chassis is an incomplete truck shipped from the manufacturer. The customer chooses the type of bed to be installed.

(2) Will the department issue a certificate of ownership for my cab and chassis?

Yes. However, because the cab and chassis is an incomplete vehicle, when the body or special equipment has been installed you must apply for a new certificate of ownership to reflect the correct series and body type, scale weight and the completed vehicle's new value.

(3) Will the department issue a certificate of registration for my cab and chassis?

Yes, if you intend to use the vehicle on the public highways. The gross weight will be limited to one hundred fifty percent of the scale weight. Gross weight is rounded up to the nearest two thousand pound increment and may not be increased until the certificate of ownership is corrected to reflect the completed vehicle information.

(4) What do I need to provide the department when my cab and chassis has been converted to a complete vehicle and I am applying for a new license and certificate of ownership?

Whether you titled the cab and chassis or waited until the vehicle was completed before titling, you need to provide the department with the following before you use the completed vehicle on the public highways:

(a) Proof of ownership for the cab and chassis;

(b) Proof of ownership for the equipment installed to make it a complete vehicle;

(c) A weight slip from a certified scale;

(d) Proof or payment of sales or use tax on the equipment installed to make a complete vehicle; and

(e) Applicable fees and excise tax for any increased value of the completed vehicle.



[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-145, filed 5/5/86; Order MV-328, 308-96A-145, filed 7/24/75.]



REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 308-96A-100 Licensing according to use instead of vehicle type.

WAC 308-96A-105 Motor homes.

WAC 308-96A-106 Campers titled as motor homes.

WAC 308-96A-120 Campers.

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