WSR 14-17-080
PROPOSED RULES
DEPARTMENT OF LICENSING
[Filed August 18, 2014, 1:59 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-13-059.
Title of Rule and Other Identifying Information: WAC 308-96A-096 Registration requirements.
Hearing Location(s): Highways-Licenses Building, 1125 Washington Street S.E., Conference Room 413, Olympia, WA (check in at counter on first floor), on September 30, 2014, at 3:00 p.m.
Date of Intended Adoption: October 1, 2014.
Submit Written Comments to: Brady Horenstein, P.O. Box 9030, Olympia, WA 98507-9030, e-mail bhorenstei@dol.wa.gov, fax (360) 570-7048, by September 29, 2014.
Assistance for Persons with Disabilities: Contact Brady Horenstein by September 29, 2014, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revise and update WAC 308-96A-096 to require that a natural person present an unexpired driver's license only upon initial vehicle registration.
Reasons Supporting Proposal: Legislation enacted since the rule was last updated changed the requirements in RCW 46.16A.050 for vehicle registration to require that a natural person present an unexpired driver's license only upon initial vehicle registration. This proposal will align WAC 308-96A-096 with this statutory change.
Statutory Authority for Adoption: RCW 46.01.110, 46.16A.220.
Statute Being Implemented: RCW 46.16A.050.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting: Brady Horenstein, Highways-Licenses Building, Olympia, Washington, (360) 902-3835; Implementation and Enforcement: Toni Wilson, Highways-Licenses Building, Olympia, Washington, (360) 902-3811.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule making does not impose more than a minor cost on businesses in the industry. Thus, a small business impact statement is not required under RCW 19.85.030 (1)(a).
A cost-benefit analysis is not required under RCW 34.05.328. The contents of the proposed rules are explicitly and specifically dictated by statute.
August 18, 2014
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 06-17-033, filed 8/8/06, effective 9/8/06)
WAC 308-96A-096 Registration requirements.
(1) What is required when registering a vehicle in Washington?
(a) The name of each registered owner((,)) (natural person or business) of the vehicle and, if the vehicle is subject to a lien or other security interest, the name of each secured party;
(b) The registered owner's primary residence street address (((at the choice of the registered owner,)) a mailing address if different from the residence address can also be given); ((and))
(c) The primary secured party's mailing address; and
(d) ((For natural persons)) When initially registering the vehicle, each registered owner who is a natural person must meet one of the following requirements:
(i) ((Presentation of)) Present an unexpired Washington state driver's license; or
(ii) ((Certification)) Certify that he or she is:
(A) A Washington resident who does not operate a motor vehicle on public roads; or
(B) Exempt from the requirement to obtain a Washington state driver's license under RCW 46.20.025((.
For purposes of this section, shared or joint ownership includes all registered owners shown on the active vehicle record)); or
(iii) Provide evidence that, in the department's view, satisfactorily demonstrates a valid and compelling reason for not being able to meet this requirement.
(2) For ((the)) purposes of this section, "present((s))" means:
(a) If registering in person, to bring and display the unexpired Washington state driver's license to the department or its agents and subagents and for each additional registered owner who is a natural person shown on the vehicle record, a photocopy of, or to provide in writing, the license number and expiration date from an unexpired Washington state driver's license.
(b) ((For internet transactions, to enter the license number and expiration date from an unexpired Washington state driver's license.
(c))) If registering by mail, to provide in writing the license number and expiration date from an unexpired Washington state driver's license.
(3) For ((the)) purposes of this section, "valid and compelling" reasons include:
(a) Driving privilege has been withdrawn by the department or a court.
(b) A co-owner is not available. Circumstances to include, but not be limited to, being incarcerated or out-of-state due to work assignment or personal need.
(c) A co-owner is deceased.
(d) Persons who are divorced and the registered owner awarded the vehicle presents a divorce decree showing the vehicle was awarded to them.
(e) Active military stationed in a foreign country or otherwise not available to provide the information.
(f) Military personnel who are at least sixteen years of age, including a spouse or dependent, who have in their immediate possession a valid driver's license issued by the jurisdiction designated as their home of record.
(g) Other reasons determined by the director or his or her designee to be valid and compelling.
(4) For ((the)) purposes of this section, a "natural person" may be a resident of this state even though that person has or claims residency in another state or intends to leave this state at some future time. ((A natural person will be presumed)) The department will presume a natural person is a resident if he or she meets at least two of the following conditions ((are met)):
(a) ((You maintain)) Maintains a residence in this state for personal use;
(b) ((You have)) Has a Washington state driver's license or a Washington state resident hunting or fishing license;
(c) ((You use)) Uses a Washington state address for federal income tax or state tax purposes;
(d) ((You have)) Has previously maintained a residence in this state for personal use and ((have)) has not established a permanent residence outside the state of Washington (for example, a person who retires and lives in a motor home or vessel which is not permanently attached to any property);
(e) ((You claim)) Claims this state as residence for obtaining eligibility to hold a public office or for judicial actions;
(f) ((You are)) Is a custodial parent with a child attending public school in this state;
(g) The department may consider factors other than those listed in this subsection to determine that a person intends to be located in or be a resident of this state. However, the department may not consider those factors alone to presume residency((;)).
(((h))) (5) A natural person who is a resident of Washington may not form a corporation, trust or other entity in another jurisdiction for the purpose of evading Washington vehicle registration.
(((5) When registering a vehicle with joint or shared ownership, you must present the following for each registered owner shown on the active vehicle record:
(a) The license number from an unexpired Washington state driver's license; or
(b) Certification that you or the co-owner is a Washington resident who does not operate a motor vehicle on public roads; or
(c) Certificate that you or the co-owner is exempt from the requirement to obtain a Washington driver's license under RCW 46.20.025.))