WSR 00-18-082

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 5, 2000, 8:54 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-07-106.

Title of Rule: Chapter 308-93 WAC, Vessel registration and certificate of title, general provisions for transfer of ownership and evidence of ownership, WAC 308-93-200, 308-93-220, 308-93-230, and 308-93-295.

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 88.02.100 and 88.02.070.

Summary: Amending WAC 308-93-200 Certificate of involuntary transfer of interest in vessel, 308-93-220 Department may refuse or cancel certificate, and 308-93-295 Dealer temporary permits to operate vessels.

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: Eric Andersen, 1125 Washington Street S.E., Olympia, 902-4045; and Enforcement: Deborah McCurley, 1125 Washington Street S.E., Olympia, 902-3754.

Name of Proponent:

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 107, 1125 Washington Street S.E., Olympia, WA 98507, on October 10, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by October 9, 2000, TTY (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 October 9, 2000.

Date of Intended Adoption: November 7, 2000.

September 1, 2000

Deborah McCurley, Administrator

Title and Registration Services

OTS-4315.1


AMENDATORY SECTION(Amending WSR 98-21-001, filed 10/8/98, effective 11/8/98)

WAC 308-93-200
((Certificate of -- ))Involuntary transfer ((of interest in))/repossession of a vessel.

((Who is required to make application for certificate of ownership if ownership is transferred involuntarily?

The transferee is required to apply for a certificate of ownership within fifteen days of possession. The entity that commences the involuntary transfer of ownership is not required to apply for certificate of ownership prior to disposing of the vessel.)) (1) Who may repossess a vessel? A Washington titled vessel may only be repossessed by the legal owner of record or secured party.

(2) What documentation does the department require when a vessel is repossessed? In addition to other documents required:

(a) The most recent certificate of ownership; or

(b) An affidavit in lieu of certificate of ownership; and

(c) An affidavit of repossession.

(3) Is the secured party/legal owner required to apply for a new certificate of ownership when a vessel has been repossessed? If the secured party/legal owner intends to hold the vessel for resale, they do not need to apply for a new certificate of ownership. Upon transfer to another person, the buyer must promptly mail or deliver to the department those documents referenced in subsection (2) of this section.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 98-21-001, 308-93-200, filed 10/8/98, effective 11/8/98. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-200, filed 11/18/83.]


AMENDATORY SECTION(Amending WSR 98-21-001, filed 10/8/98, effective 11/8/98)

WAC 308-93-220
Department may refuse or cancel certificates.

((When)) (1) Can the department refuse ((or cancel)) to issue a certificate of ownership or ((certificate of)) registration? Yes, if the department determines at any time that an applicant for certificate of ownership or ((for a certificate of)) registration for a vessel is not entitled to these certificates ((of ownership)), the department may refuse to issue such certificates ((or to register the vessel and may, for like reason, after notice, and in the exercise of discretion, cancel the certificate of registration already acquired or any outstanding certificate of ownership. Notice of cancellation may be accomplished by sending a notice by first class mail using the last known address in department records for the legal vessel owner or owners, and recording the transmittal on an affidavit of first class mail. It shall then be unlawful for any person to remove or operate the vessel until a proper certificate of ownership or certificate of registration has been issued, and any person removing or operating such vessel after the refusal of the department to issue certificates or the revocation thereof shall)).

(2) Can the department cancel a certificate of ownership or registration? Yes, the department may cancel the certificate of ownership or registration already acquired.

(3) How will the department notify an applicant if a certificate of ownership or registration has been refused or canceled? Notice of cancellation may be accomplished by sending a notice by first class mail using the last known address in department records for the legal vessel owner or owners, and recording the transmittal on an affidavit of first class mail.

(4) May the vessel be operated if the certificate of ownership or registration has been refused or canceled? No. It is unlawful for any person to operate the vessel until a proper certificate of ownership or registration has been issued. Any person operating a vessel after the refusal or cancellation of the certificates by the department will be guilty of a gross misdemeanor.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 98-21-001, 308-93-220, filed 10/8/98, effective 11/8/98. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-220, filed 11/18/83.]


AMENDATORY SECTION(Amending WSR 98-21-001, filed 10/8/98, effective 11/8/98)

WAC 308-93-295
Dealer temporary permits to operate vessels.

(1) ((If I acquire a new or used vessel from a Washington vessel dealer licensed under chapter 88.02 RCW, what documents do I need to place or use the vessel on the water?

(a) If the vessel has current Washington registration displayed, the vessel may be placed or used on the waters immediately, provided the sale documents are carried on the vessel.

(b) If the vessel does not have current Washington registration displayed, the dealer may issue a thirty-day temporary permit, allowing the vessel to be placed or used on the water. In addition to the permit the sale documents shall be carried on the vessel and made available upon request.

(2) How long does the dealer have to provide me with a new vessel registration?

The dealer must provide you with your new registration within thirty days from the date of purchase. Only one vessel dealer temporary permit may be used.

(3) How does a vessel dealer licensed under chapter 88.02 RCW complete a vessel temporary permit?

A vessel dealer completes a temporary permit as follows:

(a) Fill out the certificate of ownership portion of the permit, detailing all owners and all fees collected, including the dealer's report of sale and date of sale. All registered owners must sign the application.

(b) Detach the cardboard copy of the permit and record the date of expiration in dark permanent ink, with bold letters and numbers, on the permit side of that copy. Present the balance of the copies to a license agent within thirty calendar days as an application for registration and certificate of ownership. The dealer will receive a five-dollar credit for a properly issued permit.

(c) Advise customer to:

(i) Display the cardboard copy of the permit on the vessel;

(ii) Carry the purchase order identifying the sale on the vessel; and

(iii) Make the permit and purchase order readily available upon request.

(d) Collect certificate of ownership and registration fees required for a June expiration.

(4) Can a vessel dealer licensed under chapter 88.02 RCW, use a dealer temporary permit to operate a vessel?

No. The permit may only be used by the purchaser of the vessel. A dealer may not use the permit to operate or demonstrate a vessel.

(5) Under what conditions may a dealer turn in the permits and be eligible for a refund?

Refunds are only allowed when the dealer ceases doing business as a vessel dealer.

(6) May a dealer transfer unused temporary vessel permits to another vessel dealer licensed under chapter 88.02 RCW?

Temporary permits are not transferable from one vessel dealer to another, unless the department specifically authorizes the transfer.)) What documents are required to place or use a vessel on the water if purchased from a Washington licensed vessel dealer? If a vessel is purchased from a Washington vessel dealer licensed under chapter 88.02 RCW, the following documents are required:

(a) If the vessel is currently registered in Washington state, the vessel may be placed or used on the waters immediately, provided the sale documents are carried on the vessel; or

(b) If the vessel is not currently registered in Washington state, the dealer may issue a thirty-day temporary permit, allowing the vessel to be placed or used on the water. In addition to the permit the sale documents must be carried on the vessel and made available upon request.

(2) How long does the dealer have to apply for certificate of ownership and provide a new registration to the purchaser? The dealer must apply for a certificate of ownership within thirty days from the date of delivery. The dealer must make available a new registration to the purchaser within limits set by WAC 308-90-150 from the date of delivery. Only one vessel dealer temporary permit may be used.

(3) How does a Washington licensed vessel dealer complete a vessel temporary permit? A Washington licensed vessel dealer completes a temporary permit as follows:

(a) Fill out the certificate of ownership portion of the permit, detailing all owners and all fees collected, including the dealer's report of sale and date of sale/delivery. All registered owners must sign the application and signatures must be notarized/certified.

(b) Detach the cardboard copy of the permit and record the date of expiration in dark permanent ink, with bold letters and numbers, on the permit side of that copy. Present the balance of the copies to a license agent within thirty calendar days of delivery as an application for registration and certificate of ownership. The dealer will receive a five-dollar credit for a properly issued permit.

(c) Advise customer to:

(i) Display the cardboard copy of the permit on the vessel;

(ii) Carry the purchase order identifying the sale on the vessel; and

(iii) Make the permit and purchase order readily available upon request by law enforcement.

(d) Collect fees for certificate of ownership and registration for a June expiration.

(4) Can a Washington licensed vessel dealer use a dealer temporary permit to operate a vessel? No. The permit may only be used by the purchaser of the vessel. A dealer may not use the permit to operate or demonstrate a vessel.

(5) Under what conditions may a dealer turn in the permits and be eligible for a refund? Refunds are only allowed when the dealer ceases doing business as a vessel dealer.

(6) May a Washington licensed vessel dealer transfer unused temporary vessel permits to another vessel dealer? No, temporary permits are not transferable from one vessel dealer to another.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 98-21-001, 308-93-295, filed 10/8/98, effective 11/8/98. Statutory Authority: RCW 88.02.100. 92-06-009, 308-93-295, filed 2/24/92, effective 3/26/92. Statutory Authority: 1987 c 149 9. 88-01-011 (Order TL/RG 40), 308-93-295, filed 12/7/87.]

Washington State Code Reviser's Office