WSR 15-21-073
PROPOSED RULES
DEPARTMENT OF LICENSING
[Filed October 20, 2015, 11:56 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-13-047.
Title of Rule and Other Identifying Information: WAC 308-96A-065 Personalized license plates and 308-96A-550 Vehicle special collegiate license plates.
Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on December 14, 2015, at 2:30 p.m.
Date of Intended Adoption: December 15, 2015.
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 December 11, 2015.
Assistance for Persons with Disabilities: Contact Brady Horenstein by December 11, 2015, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to update the personalized plate configuration restrictions and make technical corrections in WAC 308-96A-065 and 308-96A-550.
Reasons Supporting Proposal: This rule making is necessary to update the personalized plate configuration restrictions and make technical corrections.
Statutory Authority for Adoption: RCW 46.01.110, 46.18.020.
Statute Being Implemented: RCW 46.16A.200, 46.16A.020, 46.16A.110, 46.17.200, 46.18.130, 46.18.140.
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: Cindy Taber-Lowry, Highways-Licenses Building, Olympia, Washington, (360) 902-3839.
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.
October 20, 2015
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-10-005, filed 4/22/15, effective 5/23/15)
WAC 308-96A-065 Personalized license plates.
(1) What is a personalized license plate? Personalized license plates are plates reflecting the registered owner's chosen format or designation and are limited to those described in RCW 46.04.385 and 46.18.275.
(2) Are there any restrictions on the use of letters and numbers on personalized license plates? Personalized license plates may be issued with one to seven characters. Motorcycles and motorcycle trailers can have up to six characters. The letters "I" and "O" and the numbers "1" (one) and "0" (zero) may not be issued as single-digit plates.
(3) When may the department deny an application for or cancel personalized plates?
(a) The department may deny an application for personalized license plates or cancel personalized license plates previously issued if it determines the plate configuration to be:
(i) Offensive to good taste and decency;
(ii) Potentially misleading;
(iii) Vulgar, profane, or sexually suggestive in nature;
(iv) A racial, ethnic, lifestyle, or gender slur;
(v) Related to ((alcohol or to)) intoxicating substances or illegal activities ((or substances));
(vi) ((Blasphemous;
(vii))) Derogatory;
(((viii))) (vii) Slanderous;
(((ix))) (viii) A duplication of license plate or decal numbers provided in chapter 46.09, 46.10 or 46.16A RCW; or
(((x))) (ix) The personalized message appears to replicate the standard configuration for a special license plate; or
(((xi))) (x) Contrary to the department's mission to promote highway safety.
(b) If the personalized license plates are canceled due to one or more reasons specified in subsection (3) of this section, the vehicle owner may:
(i) Apply for a refund for the fee paid under RCW 46.17.210 and 46.68.435 for such license plates; or
(ii) Instead of a refund, apply for and upon approval be issued personalized license plates with a different configuration without payment of additional personalized license plate fees.
(c) The department may cancel personalized license plates if they are:
(i) Not renewed by the owner within forty-five days of the vehicle expiration; or
(ii) Removed from a vehicle and not transferred to a replacement vehicle within thirty days; or
(iii) Transferred to a new owner who does not make proper application for the plates within twenty-five days.
(4) What special plates cannot be personalized?
(a) Medal of honor;
(b) Horseless carriage;
(c) Restored;
(d) Collector vehicle;
(e) Ham and Mars license plates;
(f) Former prisoner of war;
(g) Pearl Harbor survivor;
(h) Disabled veteran;
(i) Exempt license plates.
(5) If my registration for personalized license plates has elapsed, how do I get them reinstated or reissued?
(a) If you are an owner of a personalized license plate and do not renew it within forty-five days, you must reapply and pay the original personalized license plate fee in order to reinstate the plate.
(b) If you purchase a vehicle with a personalized plate and do not transfer the ownership of the personalized plate within twenty-five days, you forfeit ownership of the plate. The department will make that personalized plate available to the first applicant for that plate configuration.
(c) If you are the owner of a personalized license plate who does not transfer the plate as described in (b) of this subsection, you must reapply and pay the original personalized license plate fee in order to reinstate the plate.
(6) Can I transfer my personalized license plate? Yes, if you are the owner(s) of a vehicle with personalized license plates and sell, trade, or otherwise transfer ownership of the vehicle, you may transfer the plates to another vehicle within thirty days; (the personalized license plates may be transferred at any vehicle licensing office or through a vehicle dealer if the owner wishes to transfer a plate to a dealer-purchased vehicle) or transfer the plates to a new owner. If the plates are transferred to a new owner, the current owner must provide the new owner with a notarized or certified release of interest for the plates. The new owner must make application to the department within twenty-five days, including payment of the original personalized license plate fee.
(7) How do I dispose of my personalized vehicle license plates?
(a) You may turn the plates in to the department with a notarized release of interest from the owner(s) relinquishing the right to that personalized license plate configuration; or
(b) If your vehicle has personalized license plates and is sold to a wrecker or you accept a total loss claim from your insurance company and you choose not to retain the salvage, you must either transfer the plates to another vehicle within thirty days or turn the plates in to the department with a notarized release of interest from all registered owner(s) relinquishing the right to that personalized license plate.
Note:
If the license plate has been reported as stolen or if the department record indicates the vehicle has been stolen, the same number and letter combination will not be issued.
AMENDATORY SECTION (Amending WSR 15-10-005, filed 4/22/15, effective 5/23/15)
WAC 308-96A-550 Vehicle special collegiate license plates.
(1) What are the criteria for establishing collegiate license plates? Application for license plate series from an institution of higher education under RCW 46.18.225 may be submitted to the department through the process established in RCW 46.18.100 and 46.18.110. In addition the following criteria must be satisfied:
(a) The plates will consist of numbers, letters, colors, and a symbol or artwork approved by the department.
(b) The numbers and letters combination may not exceed 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 which are offensive to good taste or decency, which may be misleading or vulgar in nature, a racial, ethnic, lifestyle, or gender slur, related to intoxicating substances or 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 46.16A RCW.
(f) The plate must be designed so that it is legible and clearly identifiable 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). A collegiate license plate design may be issued in combination with a personalized plate as described in RCW 46.18.277.
(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. Design services may be purchased through the department. The design must be legible and clearly identifiable as a Washington state plate to be approved by the department, Washington state patrol, and the legislature.
(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 a registered owner of the vehicle.
(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 46.17.200(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 retain my current collegiate license plate number and letter combination 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 plates or other license plates and pay the fees described in RCW 46.17.200 as applicable. See note following subsection (8) of this section.
(7) How does the department define "current license plate registration"? For the purposes of this section, a current license plate registration is defined as: A registration that has not expired or a registration where it is less than one year past the expiration date.
(8) When I am required to replace my collegiate license plate, will I receive the same license plate number and letter combination? Yes. In addition to the license plate replacement fee, you may pay an additional plate retention fee to retain the same number and letter combination as shown on the current vehicle computer record as long as the plate meets a current approved license plate configuration and background.