WSR 04-04-022

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed January 27, 2004, 1:20 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-14-021.

     Title of Rule: Chapter 308-96A WAC, Vehicle licenses and chapter 308-56A WAC, Certificates of title -- Motor vehicles, etc.

     Purpose: To meet the criteria set forth in Governor Locke's Executive Order 97-02 and to clarify rules and help make them more comprehensible.

     Statutory Authority for Adoption: RCW 46.01.110, 46.16.060, 46.16.135, 46.16.225, 46.16.276, 46.16.490, 46.16.600, and 43.17.060.

     Summary: Amending WAC 308-96A-026 Vehicle transit permit, 308-56A-150 Certificate of vehicle inspection, and 308-56A-450 Glider kits.

     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: , governmental.

     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 March 17, 2004, at 2:30 p.m.

     Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by March 16, 2004, 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 March 16, 2004.

     Date of Intended Adoption: March 23, 2004.

January 27, 2004

D. McCurley, Administrator

Title and Registration Services

OTS-6938.1


AMENDATORY SECTION(Amending WSR 01-17-017, filed 8/3/01, effective 9/3/01)

WAC 308-96A-026   Vehicle transit permit.   (1) What is a vehicle transit permit?

     A vehicle transit permit is a document that authorizes an individual to operate a vehicle on a public highway of this state solely for the purpose of obtaining necessary documentation to complete an application for a Washington certificate of ownership or registration. ((It does not allow unrestricted use of the vehicle.)) Use of the vehicle is restricted to the reason(s) indicated on the permit.

     (2) How may a vehicle transit permit be used?

     A vehicle transit permit may be used to obtain:

     (a) A Washington state patrol inspection;

     (b) A scale weight slip;

     (c) An emission test; or

     (d) Any other purpose that the department deems necessary.

     (3) Where do I obtain a vehicle transit permit?

     You may obtain a vehicle transit permit from:

     (a) Washington vehicle licensing offices; or

     (b) Washington drivers services-licensing services offices((; or

     (c) Washington state patrol. (Only at weigh scales and for one day only)).(()))

     (4) How long is the vehicle transit permit valid?

     The permit is valid only for ((a maximum of two days)) the days shown on the permit and may not exceed two days. The two days do not need to be consecutive.

     (5) What information is required to issue the vehicle transit permit?

     (a) Description of the vehicle for which the permit is issued, which may include make, model, model year, and vehicle identification number;

     (b) Name and address of person obtaining the permit;

     (c) Specific purpose for which the permit is issued;

     (d) The date or dates on which the permit is valid, for a maximum of two days;

     (e) Applicant's signature; and

     (f) Signature of vehicle licensing agent or issuing authority.

     (6) How much does a vehicle transit permit cost?

     There is no fee for the vehicle transit permit, however vehicle-licensing subagents ((may)) charge a service fee.

[Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490, and 46.16.276. 01-17-017, § 308-96A-026, filed 8/3/01, effective 9/3/01; 98-19-075, § 308-96A-026, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 46.01.110. 92-15-025, § 308-96A-026, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 46.16.276. 86-23-045 (Order TL/RG 28), § 308-96A-026, filed 11/18/86.]

OTS-6937.1


AMENDATORY SECTION(Amending WSR 03-12-006, filed 5/22/03, effective 6/22/03)

WAC 308-56A-150   Certificate of vehicle inspection.   (1) When is a certificate of vehicle inspection required? A certificate of vehicle inspection, completed by the Washington state patrol or other authorized inspector, must accompany the application for certificate of ownership and include the applicable statutory inspection fee whenever the applicant's vehicle is:

     (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 agent;

     (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;

     (e))) A kit vehicle not previously titled as such (if no vehicle identification number (VIN) previously assigned);

     (((f))) (e) A street rod not previously titled as such;

     (((g))) (f) A glider kit not previously titled as such;

     (((h))) (g) Subject to ownership in doubt described in WAC 308-56A-210(1);

     (((i))) (h) One which the Washington crime information center (WACIC) or National Crime Information Center (NCIC) indicates may be stolen; or

     (((j))) (i) One for which the WACIC/NCIC has failed to respond to the stolen vehicle search required by chapter 46.12 RCW.

     (2) Is there a fee charged for a Washington state patrol VIN inspection? 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 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 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) 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.

     (((vi))) (v) With no Washington record or no manufacture certificate/statement of origin((/manufacture certificate of origin)) (MCO/MSO).

     (b) ((One year for vehicles required to be inspected under subsection (1)(a) through (j) of this section and held for sale by a licensed dealer.)) Three hundred sixty-five days for a vehicle held in a licensed dealer inventory for resale.

[Statutory Authority: RCW 46.01.110, 46.12.040, 46.16.216. 03-12-006, § 308-56A-150, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 46.01.110. 03-05-081, § 308-56A-150, filed 2/19/03, effective 3/22/03; 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.]


AMENDATORY SECTION(Amending WSR 00-04-046, filed 1/27/00, effective 2/27/00)

WAC 308-56A-450   Glider kits.   (1) What is a glider kit? A glider kit consists of a new cab, chassis, front axle, fenders and air-hose equipment designed for assembly with an existing truck or truck-tractor's rear axle(s), and power train.

     (2) How are glider kits described on a certificate of ownership? The following identifiers will be shown on the certificate of ownership:

     (a) The model year of the vehicle as designated by the kit manufacturer or the Washington state patrol;

     (b) The make of the vehicle will be the make of the kit;

     (c) The series and body type will include the initials GL;

     (d) The identification number of the vehicle as determined by an authorized vehicle identification inspector.

     (3) What documents ((shall)) must be submitted with an application for certification of ownership for glider kits? The application for certificate of ownership ((shall)) must be accompanied by the following documents:

     (a) The previously issued certificate of ownership, bill(s) of sale or manufacturer's certificate/statement of origin (MCO/MSO);

     (b) The previously issued gross weight license when applying for credit against the registration fee, if applicable;

     (c) A certificate of inspection by an authorized ((member of the Washington state patrol or other personnel authorized by the director)) inspector verifying the vehicle identification number and of component parts not included in the glider kit MCO/MSO;

     (d) A certified weight slip showing the new scale weight of the vehicle;

     (e) An MCO/MSO or bill of sale ((of)) for the kit;

     (f) A declaration of value form provided by the department.

[Statutory Authority: RCW 46.01.110. 00-04-046, § 308-56A-450, filed 1/27/00, effective 2/27/00; 92-15-024, § 308-56A-450, filed 7/6/92, effective 8/6/92; Order MV 208, § 308-56A-450, filed 7/31/74.]

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