Preproposal statement of inquiry was filed as WSR 02-05-018.
Title of Rule: Chapter 308-56A WAC, Certificates of title -- Motor vehicles, etc.
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: Amending WAC 308-56A-140 Department temporary permit, 308-56A-150 Certificate of vehicle inspection, 308-56A-160 Model year -- How determined, 308-56A-200 Replacement Washington certificate of ownership, and 308-56A-215 Erasures, alterations, and incorrect information.
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 19.85.030 (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 April 22, 2003, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by April 21, 2003, 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 April 21, 2003.
Date of Intended Adoption: May 22, 2003.
February 5, 2003
for D. McCurley, Administrator
Title and Registration Services
AMENDATORY SECTION(Amending WSR 99-12-031, filed 5/25/99, effective 6/25/99)
WAC 308-56A-140 Department temporary permit. (1) What is a department temporary permit? A department temporary permit is a permit issued in lieu of registration and license plates when:
The vehicle is not sold by a licensed Washington
(b))) The vehicle is not currently licensed in Washington; and
(c))) (b) Proper vehicle documentation is not available
but is likely to be available within sixty days; or
(c) The vehicle is not sold by a licensed Washington dealer.
(2) How long is a department temporary permit valid? The department temporary permit is valid for no longer than sixty days.
(3) If I am unable to obtain proper documentation within sixty days, what options are available to me? When documents are not expected to be received within sixty days, you may choose to:
(a) Not ((
obtain the department temporary permit))
operate your vehicle and wait to register the vehicle until
all required documents are received (( to register your
(b) Obtain the department temporary permit and if you do
not receive the documentation within sixty days, ((
you will be
unable to use the vehicle after the department temporary
permit expires)) discontinue using the vehicle until proper
documentation is filed with the department.
(3))) (4) May a department temporary permit be
extended? Yes, a department temporary permit may be extended
on a case-by-case basis upon departmental approval.
(5) Where do I obtain a department temporary permit?
Department temporary permits are available at all Washington
vehicle license ((
(4))) (6) What fees are required to be paid when
applying for a department temporary permit? In addition to
other fees (( prescribed by law)) and applicable taxes, the
department temporary permit fee, title application fee,
inspection fees and licensing fees must be paid at the time
the department temporary permit is issued.
(5))) (7) How do I display the department temporary
permit? The (( hard)) cardboard copy of the department
temporary permit must be displayed according to instructions
on the permit and the signed registration must be carried in
the vehicle or the towing vehicle.
(6))) (8) How many months of gross weight must I
purchase with a department temporary permit for my vehicle,
which is eligible for monthly gross weight? If you have a
vehicle that is eligible for monthly gross weight, you must
purchase a minimum of two months gross weight license to
correspond with the duration of the department temporary
permit. You may receive credit as described in WAC 308-96A-220(7) for gross weight license already purchased.
(7))) (9) How do I obtain license plates and
registration for my vehicle that has been issued a department
temporary permit? You may obtain license plates and new
registration for your vehicle that has been issued a
department temporary permit by submitting the necessary
documents and fees to any Washington vehicle license
(( agency)) office.
(8))) (10) What fees are required to be paid when
clearing a department temporary permit? In addition to other
fees as prescribed by law, the title application fee and
license plate fees must be paid at the time the temporary
permit is cleared.
(9))) (11) How do I obtain a replacement vehicle title
application/registration certificate portion of the department
temporary permit(( , if the original is not available))? (( If
the department temporary permit was issued at a vehicle
(a))) You may obtain a photocopy of the registration
certificate portion of the department temporary permit ((
at)) through the county's auditor/agent office (( in the same
county you obtained the original department temporary permit.
(b) If the department temporary permit was issued at a department-staffed vehicle licensing office, you must obtain a replacement from that office)) or subagent. You must provide the vehicle identification number or the department temporary permit number. The replacement department temporary permit will retain the same expiration date as the original.
(10))) (12) How do I obtain a replacement for the
cardboard department temporary permit (( placard which)) that
is displayed in the vehicle window? You may obtain a
replacement cardboard department temporary permit (( placard))
at any Washington vehicle services office. You must provide
the vehicle title application/registration certificate, VIN,
or the department temporary permit number.
(11) How do I obtain a replacement department permit if
both the application/registration certificate and the display
placard are lost, stolen, or destroyed? You may obtain a
photocopy of the vehicle title application/registration
certificate portion of the department temporary permit only at
the issuing county's auditor/agent office. If the department
temporary permit was issued at a department-staffed vehicle
licensing office, you must obtain a replacement from that
office. You must provide the vehicle identification number or
the department temporary permit number. The replacement
department temporary permit placard may also be obtained at
[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 99-12-031, § 308-56A-140, filed 5/25/99, effective 6/25/99. Statutory Authority: RCW 46.01.110. 93-14-084, § 308-56A-140, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.01.110, 46.12.151 and 46.12.050. 92-03-077, § 308-56A-140, filed 1/14/92, effective 2/14/92; Order MV 208, § 308-56A-140, filed 7/31/74.]
(a) Reported destroyed since the last certificate of ownership was issued;
(b) A homemade, assembled, or rebuilt vehicle not previously titled as such;
(c) One whose identification number needs verification as
requested by the department, county auditor, or authorized
, for example, if there is a reason to believe the
vehicle identification number has been removed, defaced,
altered, destroyed, or if it has become illegible or is
(d) One with a structural change in, or modification of, body or frame changing the class designation or body type currently shown on the record;
A used vehicle and no Washington record can be
found unless the vehicle is titled or registered in a state or
jurisdiction other than Washington;
(f))) A kit vehicle not previously titled as such (if no vehicle identification number previously assigned);
(g))) (f) A street rod not previously titled as such;
(h))) (g) A glider kit not previously titled as such;
(i) Questionable as)) (h) Subject to ownership in doubt
described in WAC 308-56A-210;
(j))) (i) One which the Washington crime information
center (WACIC) or National Crime Information Center (NCIC)
indicates may be stolen; or
(k))) (j) One for which the WACIC/NCIC has failed to
respond to the stolen vehicle search required by chapter 46.12 RCW.
What)) Is there a fee (( is)) charged for a
Washington state patrol VIN inspection? (( The VIN inspection
fee is fifty dollars as authorized by chapter 46.12 RCW
unless:)) Yes, the amount of the fee is established in RCW 46.12.040. The fee is not due when:
(a) The out-of-state fee authorized by chapter 46.12 RCW has been collected on the same application; or
(b) The Washington state patrol or department of licensing has determined that the fee is not due.
(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)) entities or
individuals designated by the director if the vehicle is
located in a foreign state or country and the requirement for
inspection by the Washington state patrol will cause undue
(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:
Thirty)) Sixty days for vehicles:
(i) Reported destroyed;
(ii) Homemade, assembled, rebuilt, street rods, kit vehicles and glider kits;
(iii) If the identification number needs verification, has been 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))) (vi) With no Washington record or no manufacture statement of origin/manufacture certificate of origin.
(c))) (b) One year for vehicles required to be
inspected under subsection (1)(a) through (( (k))) (j) of this
section and held for sale by a licensed dealer.
(5) Is the vehicle identification number inspection
certificate provided by the Washington state patrol (WSP)
valid other than in Washington state? In accordance with WSP
rules, the inspection certificate provided by the WSP is valid
only in Washington state except as otherwise specified by the
Washington state patrol.
(6) Why are the words "register" and "registered" used in place of "title" and "titled" in chapter 125, Laws of 2001? The words "register" and "registered" are used in place of "title" and "titled" in chapter 125, Laws of 2001 because RCW 46.12.010 requires vehicles registered in this state to also have a certificate of ownership. For the purposes of section 3, chapter 125, Laws of 2001, the registration process is not complete until it is confirmed that the vehicle is not stolen. Certificate of ownership will not be issued and the license tabs and registration certificate shall be invalid for vehicles which have been confirmed stolen.))
[Statutory Authority: RCW 46.01.110. 01-20-010, § 308-56A-150, filed 9/20/01, effective 10/21/01. Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 99-21-098, § 308-56A-150, filed 10/20/99, effective 11/20/99. 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, 46.12.040 and 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.]
(2) Are there standards for assigning model years that
manufacturers must follow? Manufacturers ((
shall)) must adopt
standards for assigning model years based on either the date
of manufacture or features of the vehicle. The standards
(( shall)) must be such that all vehicles assigned a model year
that are manufactured in the same year with the same features
are assigned the same model year. Manufacturers (( shall))
must designate the model year on the manufacturer's
certificate of origin (MCO), manufacturer's statement of
origin (MSO) or similar documents.
(3) How are model years assigned to vehicles that are
incomplete, such as certain recreational vehicles?
Manufacturers of chassis or incomplete vehicles sold to motor
home or recreational vehicle manufacturers who issue separate
MCOs/MSOs need not assign model year to these vehicles. The
final stage manufacturer of these vehicles ((
assign the model year as provided in subsection (2) of this
section. In the event a model year is assigned by both the
incomplete vehicle manufacturer and the completing
manufacturer, the completing manufacturer assigned model year
(( shall)) will be used on the certificates of ownership and
(4) How will a model year be assigned to my vehicle if
the manufacturer did not assign one? If an original
manufacturer has not assigned a model year, or your vehicle is
rebuilt, homemade, is a street rod, assembled or is a kit
vehicle, the Washington state patrol or other person
authorized by the director to make vehicle inspections
shall)) will use the following criteria to establish the
(a) The model year for a homemade vehicle will be the year of inspection for the purpose of making an application for certificate of ownership.
(b) When possible, the model year will be determined from
the vehicle identification number (VIN). When the VIN does
not identify the production date, corresponding production
records of the original manufacturer ((
shall)) must be used.
(c) The model year for assembled vehicles will be
determined by the Washington state patrol based on the date of
manufacture of the vehicle ((
which)) that the vehicle most
(d) The model year of a kit vehicle as defined in RCW 46.04.251 ((
shall)) will not be the model year of the vehicle
the kit replicates.
(5) For purposes of this section the following terms
shall)) will have the meanings indicated:
(a) "Manufacturer" means any person, firm, association,
corporation, or trust, resident or nonresident, who
manufactures or assembles new and unused vehicles or
remanufactured vehicles. Manufacture ((
shall)) includes the
assembling, altering, or converting of a vehicle to the extent
the vehicle qualifies for a change in the series and body type
appearing on its title, MCO/MSO or similar documents.
(b) "Incomplete vehicle" means an assemblage consisting of, as a minimum:
(i) Frame and chassis structure;
(ii) Power train;
(iii) Steering system;
(iv) Suspension system; and
(v) Braking system.
To the extent that those systems are to be part of the completed vehicle that requires further manufacturing operation; other than the additions of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.
(c) "Model" means a name ((
which)) that a manufacturer
applies to a family of vehicles of the same type, make, line,
series, and body type.
(d) "Assembled and homemade vehicles" have the meaning provided in WAC 308-56A-455.
[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 99-12-031, § 308-56A-160, filed 5/25/99, effective 6/25/99. Statutory Authority: RCW 46.01.110. 97-07-014, § 308-56A-160, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. 94-17-044, § 308-56A-160, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110. 93-14-084, § 308-56A-160, filed 6/30/93, effective 7/31/93.]
(c) Stolen; or
(2) What documents and information do I need to provide
to the department to obtain a replacement certificate of
ownership? A replacement certificate of ownership will be
issued only to the owner(s) of record. You will need to
provide an explanation of ((
the disposition of)) what happened
to the certificate of ownership that you are replacing and
(( a)) the vehicle description to include, but not limited to,
the model year, make, and vehicle identification number or the
Washington license plate number. (( This information may)) A
request for a replacement certificate of ownership must be
presented to the department on a notarized or certified:
Approved)) Affidavit of loss form(( ,));
(b) Letter of request from the owner(s) of record; or
(b))) (c) Affidavit in lieu of title.
(3) Who needs to sign the request for a replacement
certificate of ownership? All legal owners shown on
department records ((
shall)) must sign the request for the
replacement certificate of ownership. (( Their)) Signatures
must be certified or notarized in accordance with WAC 308-56A-275.
(4) What do I do if I find my certificate of ownership after I receive a replacement? Once a replacement certificate of ownership is issued, any previously issued certificate of ownership is void and, if found, must be destroyed.
[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 99-12-031, § 308-56A-200, filed 5/25/99, effective 6/25/99; Order MV 208, § 308-56A-200, filed 7/31/74.]
(2) Will the department accept a certificate of ownership if it has been altered? Any alteration or erasure voids the certificate of ownership unless documentation satisfactory to the department is submitted with the certificate.
(3) What does the department require when a certificate of ownership, an application for certificate of ownership or supporting documents has been altered?
(a) The department may require an affidavit explaining any erasure or alteration on the application, certificate of ownership, or any supporting documentation.
(b) The department may require a notarized/certified release of interest when:
(i) A signature or name that has been altered or erased appears on an application; or
(ii) A security interest is named to be shown on the new certificate of ownership and the applicant claims there is no lien; or
(iii) A security interest is shown incorrectly or is altered on the application for certificate of ownership. In lieu of a release of interest, Washington licensed vehicle dealers may attach an affidavit explaining the error in the security interest.
(c) If an erasure or other alteration has been made on a
title)) certificate of ownership, an affidavit must be
(( attached. The affidavit must state why and by whom the
erasure was made. The one whose name was erased must sign a
release of interest)) completed and signed by the individual
who made the erasure or alteration explaining why the
erasure/alteration was made.
(d) A name erroneously shown on the ((
of ownership as the purchaser must (( have)) be accompanied by
either a release of interest from the erroneously named
purchaser or a statement by the owner of record that the sale
was not completed or other explanation for the erroneous
[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 99-12-031, § 308-56A-215, filed 5/25/99, effective 6/25/99; Order MV 208, § 308-56A-215, filed 7/31/74.]