WSR 03-05-082

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed February 19, 2003, 8:52 a.m. ]

Date of Adoption: February 19, 2003.

Purpose: Meet criteria supporting Governor Locke's Executive Order 97-02.

Citation of Existing Rules Affected by this Order: Amending WAC 308-96A-074, 308-96A-314, 308-96A-316, and 308-96A-550.

Statutory Authority for Adoption: RCW 46.01.110.

Other Authority: RCW 46.16.335, 46.12.070.

Adopted under notice filed as WSR 03-01-015 on December 5, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 4, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

February 19, 2003

Fred Stephens

Director

OTS-6079.3


AMENDATORY SECTION(Amending WSR 02-16-071, filed 8/6/02, effective 9/6/02)

WAC 308-96A-074   Antique vehicle -- Collector vehicle license plates.   (1) What is a collector vehicle license plate? For the purposes of this section a collector vehicle license plate is a special license plate indicating "Collector Vehicle(("))." The smaller size collector vehicle license plate is available for motorcycles. Collector vehicle owners must conform to the rules under RCW 46.16.307.

(2) What vehicles qualify for a collector vehicle license plate? Any motor vehicle which is:

(a) More than thirty years old; and

(b) Capable of being operated upon the highway; and

(c) Currently registered in Washington; and

(d) Operated primarily as a collector vehicle.

(3) How is a collector vehicle license plate to be displayed? The collector vehicle license plate must be displayed on the rear of the vehicle for which it was issued. The collector vehicle license plate is not transferable to any other motor vehicle, but may stay with that vehicle upon transfer of ownership.

(4) What additional fees are required to obtain a collector vehicle license plate? In addition to all other license fees required by law, the applicant must pay an additional license fee of thirty-five dollars for this collector vehicle license plate.

(5) Are collector vehicle license plate(s) required to be replaced under RCW 46.16.233? No, the collector vehicle license plates are exempt from the periodic vehicle license plate replacement schedule.

(6) What is a "restored license plate"? A restored license plate is a Washington state issued license plate designated for general use in the year of the vehicle's manufacture. The restored license plate may not be a specialized license plate. The restored license plate may be used instead of a collector vehicle license plate or horseless carriage license plate. The license plate must be restored to such a condition that it may be identified with its year of issue. Reproductions of the original are not acceptable for use as a restored license plate.

(7) How is a restored license plate to be displayed? The owner must display a single plate on the rear of the vehicle. If the vehicle owner has two identical license plates, the second license plate may be displayed on the front of the vehicle or on another vehicle.

(8) If I sell my vehicle may I keep my restored license plate? Yes. You may keep the license plate if the vehicle ownership changes; however, it is not transferable to any other motor vehicle.

(9) May I replace my restored license plate with another restored license plate? Yes, however, your vehicle record must be updated to reflect the new plate number before it is displayed on the vehicle.

(10) What additional fees are required to have a restored license plate assigned to my vehicle? In addition to all other title and license fees required by law, you must pay an additional license fee of thirty-five dollars for the restored plate to be assigned to your vehicle. At the time a restored plate is assigned to a vehicle, the department will require the certificate of ownership be submitted if that vehicle does not already have a "title purpose only" number.

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070, 46.16.276. 02-16-071, 308-96A-074, filed 8/6/02, effective 9/6/02. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, 308-96A-074, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, 308-96A-074, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110. 97-07-014, 308-96A-074, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110 and 46.12.070 [46.16.335]. 91-04-025, 308-96A-074, filed 1/29/91, effective 3/1/91.]


AMENDATORY SECTION(Amending WSR 02-04-002, filed 1/23/02, effective 2/23/02)

WAC 308-96A-314   Disabled person special license plates -- Individual.   (1) Where can I obtain a disabled person special license plate and identification card?

You may apply for a disabled person special license plate at most Washington vehicle licensing offices. You will receive the identification card and disabled person special license plates in the mail.

(2) How do I obtain disabled person special license plates?

To receive disabled person special license plates:

(a) Your name must be shown on the department's record as being a registered owner of the vehicle; and

(b) You must be certified by a licensed physician as having a permanent disability or have a permanent disabled person parking privilege established with the department.

(3) When do the disabled person special license plates and identification card expire?

The disabled person special license plate carries the expiration date of your vehicle registration and must be renewed annually. The privilege to use the disabled person special license plate ((expires five years)) must be renewed every fifth year from the month of issuance of the privilege.

(4) When are the disabled person special license plates no longer valid?

The disabled person special license plates are no longer valid when:

(a) The plates expire;

(b) The privilege expires;

(c) Upon death of the disabled person;

(d) If the disability no longer exists;

(e) The disabled person special license plates have been ((cancelled)) canceled by department administrative action;

(f) If the privilege was issued in error; or

(g) If the disabled person is no longer shown on the department's record as being a registered owner of the vehicle.

(5) How do I replace a disabled person special license plates if they become lost, mutilated, destroyed, or stolen?

You shall complete and sign a statement explaining what happened to the disabled person special license plate(s) and pay replacement plate fees. Replacement special disabled person license plates will be issued indicating the current expiration date. ((This voids the previously issued plates.)) See note following subsection (6) of this section.

(6) When I am required to replace my disabled person special license plate(s), will I receive the same number/letter combination? Yes. Upon request you will receive replacement disabled person parking special license plate(s) with the same number/letter combination as shown on the vehicle computer record.

Note: If the license plate(s) has been reported stolen or if the department record indicates the vehicle has been stolen, the same number/letter combination will not be used. This is a law enforcement issue and is for the protection of the public.

[Statutory Authority: RCW 46.16.381. 02-04-002, 308-96A-314, filed 1/23/02, effective 2/23/02. Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-314, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-314, filed 10/29/98, effective 10/29/98.]


AMENDATORY SECTION(Amending WSR 02-04-002, filed 1/23/02, effective 2/23/02)

WAC 308-96A-316   Permanent placard and disabled person special license plates for organizations.   (1) When can a qualifying organization use disabled person special license plates or special disabled person parking placards?

Qualifying organizations may only use disabled person special license plates or disabled person parking placards when transporting any person who meets the criteria under RCW 46.16.381(1).

(2) How does an organization qualify for disabled person special license plates and permanent disabled person parking placards?

The organization must:

(a) Meet the criteria in RCW 46.16.381(3); and

(b) Report the status of each permanent disabled person parking placard or disabled person special license plate to the department by April 30th each year.

(3) How does a qualifying organization apply for disabled person special license plates and permanent disabled person parking placards?

The organization must submit a properly completed disabled person parking privileges organization application to the department with appropriate documentation as indicated on the application.

(4) What may a qualifying organization receive when approved for disabled person parking privileges?

(a) Disabled person special license plates may be issued for vehicles registered to the organization which regularly transport persons who have qualified or would qualify for disability parking privilege; or

(b) Disabled person parking placard(s) which may be used only when the vehicle in which they are displayed is transporting persons who have or would qualify for the disability parking privilege.

An organization may receive up to ninety-nine placards based on their legitimate business requirements. The department may approve exceptions.

(5) Where does a qualifying organization obtain disabled person parking placard(s) or disabled person special license plates?

A qualifying organization may obtain permanent disabled person parking placard(s) and disabled persons special license plates at a Washington vehicle licensing office.

(6) Is a qualifying organization issued an identification card?

No. An identification card will not be issued for an organization.

(7) When does the permanent disabled person parking placard(s) issued to a qualifying organization expire?

The permanent disabled person parking placard(s) expires five years from the date of issuance. On the last day of the month specified on the placard. Example: If the placard is marked to expire in May 2003, it expires May 31, 2003.

(8) When are the disabled person special license plates issued to a qualifying organization no longer valid?

The disabled person special license plates are no longer valid when:

(a) The plates expire;

(b) The privilege expires;

(c) The vehicle is no longer being used for the purpose of transporting disabled persons;

(d) The disabled person special license plates have been ((cancelled)) canceled by department administrative action;

(e) The organization no longer qualifies;

(f) The organization's business license is ((cancelled)) canceled or expires;

(g) If the privilege was issued in error; or

(h) If the organization fails to return the annual report.

(9) How does a qualifying organization replace permanent disabled person parking placards or disabled person special license plates if they become lost, mutilated, destroyed, or stolen?

The organization shall complete and sign a statement explaining what happened to the placards or disabled person special license plates and pay replacement fees. Replacement permanent disabled person parking placards or disabled person special license plates will be issued indicating the ((current)) original expiration date. This voids the previously issued permanent placards or plates. See note following subsection (10) of this section.

(10) When I am required to replace my disabled person special license plate, will I receive the same license plate number/letter combination? Yes. Upon request you will receive replacement disabled person parking special license plates with the same number/letter combination as shown on the vehicle computer record.

Note: If the license plate has been reported as stolen or if the department record indicates the plate has been stolen, the same number/letter combination will not be issued. This is a law enforcement issue and is for the protection of the public.
(11) How does a qualifying organization renew their permanent disabled person parking placard?

The department will send a disabled person parking renewal notice to the qualifying organization before the privilege expires. The privilege is renewed by submitting the completed and signed renewal notice or a new application may be submitted in lieu of the renewal notice. Upon approval of the properly completed and signed renewal notice or application the department will issue new placards.

(((11))) (12) When are the disabled person parking placards, issued to qualifying organizations, no longer valid?

Disabled persons parking placards are no longer valid when:

(a) The organization no longer qualifies;

(b) The organization's business license is canceled or expires;

(c) The placard was issued in error;

(d) A replacement has been issued; or

(e) If the organization fails to return the annual report.

[Statutory Authority: RCW 46.16.381. 02-04-002, 308-96A-316, filed 1/23/02, effective 2/23/02. Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-316, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-316, filed 10/29/98, effective 10/29/98.]


AMENDATORY SECTION(Amending WSR 01-10-069, filed 4/30/01, effective 5/31/01)

WAC 308-96A-550   Vehicle special collegiate license plates.   (1) What are the criteria for establishing collegiate license plates? The department must approve an application for special collegiate license plate series from an institution of higher education according to RCW 46.16.324. The following criteria must be satisfied:

(a) The special collegiate license plate lettering and color scheme is compatible with the basic license plate design.

(b) The plates will consist of numbers, letters, or figures or any combination thereof not exceeding seven positions.

(c) The plate series will not conflict with existing license plates.

(d) The plate design must provide at least four positions to accommodate serial numbering.

(e) The plate must not carry connotations offensive to good taste or decency, which may be misleading, vulgar in nature, a racial, ethnic, lifestyle or gender slur, related to illegal activities or substances, blasphemous, contrary to the department's mission to promote highway safety, or a duplication of other license plates provided in chapter 46.16 RCW.

(f) The plate must be designed so that it can be easily recognized by law enforcement personnel as an official Washington state issued license plate. A collegiate license plate design may not be issued in combination with any other license plate configuration including special, personalized or exempt license plate(s).

(2) How is the design for a collegiate plate determined? The institution of higher education must provide a design including color and dimension specifications of the logo requested on the special collegiate license plate series with their application. The design must be approved by the department based on compatibility with the basic license plate design.

(3) Who may apply for the special collegiate license plate? Upon receipt of all applicable fees, the special collegiate license plate will be issued to the registered owner of the vehicle regardless of the applicant's age, gender, religion, race, color, creed, marital status, national origin, disability, or affiliation with an institution of higher education.

(4) When ownership of a vehicle issued collegiate license plates is sold, traded, or otherwise transferred, what happens to the plates? The owner may relinquish the plates to the new vehicle owner or remove the plates from the vehicle for transfer to a replacement vehicle. If the plates are removed from the vehicle, a transfer fee to another vehicle shall be charged as provided in RCW 46.16.316(1).

(5) Will any new fees be charged when the collegiate license plates are sold, traded, or otherwise transferred? If the registration expiration date for the new vehicle exceeds the old vehicle registration expiration date, an abated fee for the collegiate plate will be charged at the rate of one-twelfth of the annual collegiate plate fee for each exceeding month and partial month. If the new registration expiration date is sooner than the old expiration date, a refund will not be made for the remaining registration period.

(6) Will I be able to obtain the same collegiate license plate number if my plate is lost, defaced, or destroyed? Yes. Upon the loss, defacement, or destruction of one or both collegiate license plates, the owner will make application for new collegiate or other license plates and pay the fees described in RCW 46.16.270. ((New collegiate license plates will be issued bearing the next available license plate number.)) See note following subsection (8) of this section.

(7) Will I ever have to replace my collegiate license plate? Yes, the collegiate license plates are subject to the seven-year vehicle license plate replacement schedule.

(8) When I am required to replace my collegiate license plate, will I receive the same license plate number/letter combination? Yes. If you request, you will receive replacement collegiate license plates with the same number/letter combination as shown on the vehicle computer record.

Note: If the license plate(s) has been reported as stolen or if the department record indicates the plate has been stolen, the same number/letter combination will not be issued. This is a law enforcement issue and is for the protection of the public.

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, 308-96A-550, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 1997 c 291. 98-01-151, 308-96A-550, filed 12/22/97, effective 1/22/98. Statutory Authority: RCW 46.16.301, 46.16.324 and 46.01.110. 95-11-043, 308-96A-550, filed 5/10/95, effective 6/10/95. Statutory Authority: RCW 46.01.110. 91-03-091, 308-96A-550, filed 1/18/91, effective 2/18/91.]

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