WSR 02-08-036

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed March 29, 2002, 2:50 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-03-086.

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 46.01.110, 46.16.276, 46.16.600.

Summary: Amending WAC 308-96A-010 Scale weight, 308-96A-110 Private carrier bus, and 308-96A-136 Mopeds -- License plates.

Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting: Katherine Iyall Vasquez, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, (360) 902-4045.

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 19.95.030 (1)(a). The proposed rule making does not impose more than a minor cost on business 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 May 8, 2002, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by May 7, 2002, TTY (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Katherine Iyall Vasquez, Rules Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by May 7, 2002.

Date of Intended Adoption: May 24, 2002.

March 28, 2002

D. McCurley, Administrator

Title and Registration Services

OTS-5563.1


AMENDATORY SECTION(Amending WSR 99-06-029, filed 2/24/99, effective 3/27/99)

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 (for hire) or STA (stage);

(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 nationally recognized electronic source, 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)) Other sources approved by the department((, either a weight slip from a noncertified scale or an agreement reached between the applicant and the department)).

[Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. 99-06-029, 308-96A-101, filed 2/24/99, effective 3/27/99.]


AMENDATORY SECTION(Amending WSR 99-06-029, filed 2/24/99, effective 3/27/99)

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

A vehicle may be licensed as a private carrier bus as described in RCW 46.04.416 without a ((load)) license based on gross weight 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((,)) as a school bus by a private school not accredited by the superintendent of public instruction.

[Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. 99-06-029, 308-96A-110, filed 2/24/99, effective 3/27/99; Order MV-328, 308-96A-110, filed 7/24/75.]


AMENDATORY SECTION(Amending WSR 99-06-029, filed 2/24/99, effective 3/27/99)

WAC 308-96A-136   Mopeds -- License plates.   (1) Will the department issue a license plate ((to)) for 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)) the license plate on my moped?

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

(3) If my moped does not meet the standard criteria for a moped, can I get it licensed as such? A Washington state patrol inspection may be required before a license can be issued. The Washington state patrol has the discretion to inspect and define similar vehicles as mopeds. If the vehicle is similar to a moped, it must be identified as a moped by the Washington state patrol inspection before a license can be issued.

[Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. 99-06-029, 308-96A-136, filed 2/24/99, effective 3/27/99. 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.]

Washington State Code Reviser's Office