Original Notice.

Preproposal statement of inquiry was filed as WSR 99-13-006.

Title of Rule: WAC 308-56A, Special procedures for obtaining a vehicle ownership document.

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 46.01.110, 46.12.040, 46.16.216.

Summary: WAC 308-56A-056 Names separated by words "and," "or," or the slash symbol "/." and 308-56A-150 Certificate of vehicle inspection.

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 RCW 19.85. 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, 1125 Washington Street S.E., Olympia, WA 98507, on September 22, 1999, at 10:00.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by September 21, 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 September 21, 1999.

Date of Intended Adoption: October 16, 1999.

August 10, 1999

Deborah McCurley

Administrator

Title and Registration Services

OTS-3286.1

NEW SECTION
WAC 308-56A-056
Names separated by the words "and," "or," or the slash symbol "/."

(1) Does the department use the words "and," "or," or the slash symbol "/" when recording multiple interests on a certificate of ownership? The department no longer uses these designations when recording ownership interest. For those certificates of ownership which may have been issued using one of these designations, any registered owners so shown are considered to have equal registered owner interest in the vehicle and any lien holder so shown is considered to have equal security interest in the vehicle.

(2) Will the department use the words "and," "or," or the slash symbol "/" if another jurisdiction has recorded multiple interests on the foreign certificate of ownership using one of these designations? The department does not use these designations when recording ownership interest.

[]

(((1) An application for certificate of ownership must be accompanied by a certificate of inspection signed by an authorized inspector and must include the applicable statutory inspection fee whenever the applicant's vehicle is:

(a) From a state, jurisdiction or province other than Washington;

(b) Reported destroyed since the last certificate of ownership was issued;

(c) A homemade, assembled, or rebuilt vehicle not previously titled as such;

(d) One whose identification number has been removed, defaced, altered, destroyed, or has become illegible or is missing;

(e) One with a structural change in, or modification of, body or frame changing the class designation or body type currently shown on the record;

(f) A used vehicle and no Washington record can be found;

(g) A kit vehicle not previously titled as such; or

(h) A street rod not previously titled as such.

(2) No fee will be charged when a vehicle has been referred for inspection for any other reason; provided that the request for inspection shall have been made by a commissioned law enforcement officer, an employee of the department of licensing, or a vehicle license agent.

(3) Inspections will normally be accomplished by the Washington state patrol.

(4) The director may designate other competent inspecting agencies to perform inspections required under subsection (1)(a) of this section if the vehicle is located in a foreign state or province and the requirement for inspection by the Washington state patrol will cause undue hardship.

(5) When the inspection is done by the Washington state patrol, the certificate of inspection will be valid for the following periods of time after the inspection date:

(a) Vehicles from a state or province other than Washington: Sixty days;

(b) Vehicles reported destroyed: Ten days;

(c) Homemade, assembled, rebuilt vehicles, street rods, and kit vehicles: Ten days;

(d) Vehicles with identification number removed, defaced, altered, destroyed, illegible or missing: Ten days;

(e) Vehicles with structural change in, or modification of, body or frame changing the class designation or body type: Ten days;

(f) Used vehicles with no Washington record: Sixty days;

(g) Vehicles required to be inspected under subsection (1)(a) through (h) of this section and held for sale by a licensed dealer: One year; and

(h) Vehicles referred for inspection for any reason not listed above: Ten days.)) (1) When is a certificate of vehicle inspection required? A certificate of vehicle inspection, signed by an authorized inspector, must accompany the application for certificate of ownership and include the applicable statutory inspection fee whenever the applicant's vehicle is:

(a) From a state, jurisdiction or province other than Washington;

(b) Reported destroyed since the last certificate of ownership was issued;

(c) A homemade, assembled, or rebuilt vehicle not previously titled as such;

(d) One whose identification number has been removed, defaced, altered, destroyed, or has become illegible or is missing;

(e) One with a structural change in, or modification of, body or frame changing the class designation or body type currently shown on the record;

(f) A used vehicle and no Washington record can be found;

(g) A kit vehicle not previously titled as such;

(h) A street rod not previously titled as such;

(i) A glider kit not previously titled as such; or

(j) Questionable as to ownership.

(2) Is a fee always charged for a certificate of vehicle inspection? No, a fee is not always charged when a vehicle has been referred for inspection for any other reason other than subsection (1) of this section; provided that the request for inspection is made by a commissioned law enforcement officer, an employee of the department of licensing, a vehicle license agent or other competent inspecting agency designated by the director.

(3) Who is authorized to perform a vehicle inspection? Vehicle inspections may be performed by:

(a) The Washington state patrol;

(b) Other competent inspecting agencies designated by the director if the vehicle is located in a foreign state or province and the requirement for inspection by the Washington state patrol will cause undue hardship.

(4) How long is a vehicle certificate of inspection valid? The vehicle certificate of inspection is valid for the following periods of time after the inspection date:

(a) Thirty days for vehicles:

(i) Reported destroyed;

(ii) Homemade, assembled, rebuilt, street rods, kit vehicles and glider kits;

(iii) With identification number removed, defaced, altered, destroyed, illegible or missing;

(iv) With structural change in, or modification of, body or frame changing the class designation or body type;

(v) Referred for inspection for any reason not listed.

(b) Sixty days for vehicles:

(i) From a foreign jurisdiction;

(ii) With no Washington record or no manufacture statement of origin/manufacture certificate of origin.

(c) One year for vehicles required to be inspected under subsection (1)(a) through (i) of this section and held for sale by a licensed dealer.

[Statutory Authority: RCW 46.01.110.  97-07-014, § 308-56A-150, filed 3/11/97, effective 4/11/97.  Statutory Authority: RCW 46.01.110, RCW 46.12.040 and RCW 46.16.216.  91-04-024, § 308-56A-150, filed 1/29/91, effective 3/1/91.  Statutory Authority: RCW 46.01.110.  85-06-011 (Order TL/RG 11), § 308-56A-150, filed 2/22/85; Order MV 208, § 308-56A-150, filed 7/31/74.]