AH

WSR 97-03-076

PERMANENT RULES

DEPARTMENT OF LICENSING

[Filed January 15, 1997, 9:12 a.m.]

Date of Adoption: January 15, 1997.

Purpose: To clarify the application procedures for certificates of ownership of vehicles held in trust.

Citation of Existing Rules Affected by this Order: Amending WAC 308-56A-065, 308-56A-070, and 308-56A-075.

Statutory Authority for Adoption: RCW 46.01.110 and 46.12.030.

Adopted under notice filed as WSR 96-23-049 on November 19, 1996.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 3, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 3, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 3, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

January 15, 1997

K. Friedt

Director

AMENDATORY SECTION (Amending Order MV 208, filed 7/31/74)

WAC 308-56A-065 Vehicles held in trust. (1) The trustee of a trust, including family trusts, executed pursuant to chapter 11.98 RCW listing a vehicle on the property schedule shall ((be shown on any)) make application for certificate of ((title as registered owner if a vehicle is held in trust for the benefit of another)) ownership and registration in the name of the trustee, pursuant to chapters 46.12 and 46.16 RCW. ((There is no requirement that)) The certificates of ownership and registration shall show the trustee as registered or legal owner followed by the word "trustee" ((be placed after)) and the name of ((any such owner)) the trust. The name of the trust may be abbreviated to fit into available space.

(2) ((If the application and subsequently issued title includes the word "trustee" after the name of the registered owner, any signature releasing interest in the vehicle by that owner shall include that designation.

(3) Upon the death of the trustee, a co-trustee or successor trustee shall make application for transfer of title into his/her own name. An affidavit that he is the successor or co-trustee and a copy of the documents so designating him shall accompany any such application.)) Applications for licensing activities on the vehicle, including release of interest and transfer of ownership shall be requested over the signature of the trustee until the trustee is replaced or the trust is terminated. The replacement trustee shall make application for transfer of ownership as provided in subsection (1) of this section. If a replacement trustee is not appointed or the trust is terminated, the beneficiary of the vehicle shall make application for ownership as provided in chapter 46.12 RCW.

[Order MV 208, 308-56A-065, filed 7/31/74.]

AMENDATORY SECTION (Amending Order MV 208, filed 7/31/74)

WAC 308-56A-070 ((Vehicles held in trust--))Leased vehicles. If the vehicle is leased and operated in Washington, it must be titled and licensed in Washington.

(1) The application for title is to be completed with the name of the lessee as registered owner, followed by the word "lessee." The name of the lessor is shown as the secured party or legal owner, followed by the word "lessor."

(2) If the vehicle is subject to a security agreement, the application will be completed as above except the lessor's name will be immediately below the lessee's name and will be identified by the word "lessor." The address shown will be the lessee's. The secured party's name and address will be shown in the legal owner's space.

(3) Dealers and persons engaged in the business of vehicle leasing may simply show the lessor as sole registered owner if a copy of the lease or rental agreement is attached to the application. This does not apply if the lease contains an option to purchase or if it is for more than one year.

[Order MV 208, 308-56A-070, filed 7/31/74.]

AMENDATORY SECTION (Amending Order MV 208, filed 7/31/74)

WAC 308-56A-075 ((Vehicles held in trust--))Two legal owners. If one of two legal owners shown on a certificate of title has his/her security interest in the vehicle satisfied, that interest in the vehicle shall be released in the appropriate manner and the appropriate documentation forms forwarded to the remaining legal owner. The remaining legal owner shall either (1) retain that documentation and forward it to the department at the time his/her interest is satisfied along with an application for reissue or (2) the documentation shall be immediately presented to the department with an application for reissue of title to show the remaining secured party as the sole legal owner of the vehicle. If the outstanding certificate of title does not show the address of the remaining legal owner, there must be an application for reissue of title in order that the address of the remaining legal owner may be indicated on the outstanding certificate of title.

[Order MV 208, 308-56A-075, filed 7/31/74.]

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