WSR 98-04-071

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed February 3, 1998, 9:30 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-21-104.

Title of Rule: Chapter 308-96A WAC, Vehicle licenses, WAC 308-96A-065 through 308-96A-073, 308-96A-175, and 308-96A-176.

Purpose: (1) Identify who may apply for specialized plates and what is required to do so; and (2) to meet the criteria set forth in Governor Locke's Executive Order 97-02.

Statutory Authority for Adoption: RCW 46.01.110, 46.16.335.

Summary: WAC 308-96A-065 Personalized license plates, clarification, WAC 308-96A-066 Denial or cancellation of personalized license plates, clarification, new section WAC 308-96A-067 Reissuance or reinstatement of personalized license plates, clarification, new section WAC 308-96A-068 Issuance of personalized license plates, clarification, WAC 308-96A-070 Amateur radio operation special license plates, clarification, WAC 308-96A-071 Military affiliate radio system special plates, clarification, WAC 308-96A-073 Vehicle over forty years old--Horseless carriage plates, clarification, WAC 308-96A-074 Vehicles over thirty years old--Collector vehicle plates, clarification, WAC 308-96A-175 Ride-sharing vehicles, clarification, and WAC 308-96A-176 Transportation needs ride-sharing vehicles, clarification.

Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting: Patrick Zlateff, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation: Nancy Kelly, 1125 Washington Street S.E., Olympia, (360) 902-3754; and Enforcement: Eric Anderson, 1125 Washington Street S.E., Olympia, (360) 902-4045.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The WAC will provide a better understanding of what is needed to qualify and purchase special license plates.

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 businesses in an industry.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The content of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 309, 1125 Washington Street, Olympia, WA 98507, on March 16, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Pat Zlateff by March 13, 1998, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, FAX (360) 664-0831, by March 13, 1998.

Date of Intended Adoption: March 23, 1998.

February 3, 1998

Nancy S. Kelly, Administrator

Title and Registration Services

AMENDATORY SECTION (Amending WSR 91-15-006, filed 7/8/91, effective 8/8/91)

WAC 308-96A-065 Disposition of personalized license plates. (1) ((The registered owner of a vehicle may apply for personalized license plates with any acceptable and unassigned combination of one to seven letters, numbers, or combination of both pursuant to RCW 46.16.565 through 46.16.600. Single digit plates shall not be assigned the letters "I" or "O," nor the numbers "1" (one) or "0" (zero).

(2) When a vehicle with personalized plates is sold, transferred or destroyed, the owner shall remove the plates from the vehicle. The owner may retain the plates for transfer to a replacement vehicle or return the plates to the department, relinquishing the right to the letter and/or number sequence or combination, or relinquish the plates to another individual by signing a notarized release of interest in the plates. The person to whom the plates were transferred must within fifteen days make application to have the plates transferred to a vehicle registered to the person.

(3) When the owner of a personalized plate fails to renew the license within forty-five days following the renewal due date or fails to have the plate transferred to a replacement vehicle within thirty days from the sale, transfer, or destruction of the original vehicle, the plates will be cancelled.

(4) Cancelled personalized plates may be reissued anytime after cancellation if the department determines a renewal application was not applied for prior to the cancellation.

(5) A personalized license plate reported stolen may not be reissued until the stolen plate is removed from the Washington Crime Information Center (WACIC) records or for five years from the date the plate is reported stolen whichever comes first. The plate shall be reserved for the last owner for a period of thirty days after it becomes eligible for reissue. If the last owner of the plate makes an application for reissue as a replacement within the thirty days, the plate shall be provided at the replacement plate fee then in effect.

(6) The combination of letters and/or digits on a personalized license plate which has been cancelled may be reassigned to an applicant who applies for an original personalized plate with that combination of letters and/or digits and pays the fees for an original personalized plate.)) If the owner(s) of a vehicle displaying personalized license plates sells the vehicle to a wrecker or accepts a total loss claim from his or her insurance company and chooses not to retain the salvage, the owner 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 the owner(s) relinquishing the right to that personalized license plate configuration.

(2) If the owner(s) of a vehicle with personalized license plates sells, trades or otherwise transfers ownership of the vehicle, he or she may transfer the plates to another vehicle within thirty days; or 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 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/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.

[Statutory Authority: RCW 46.01.110 and 46.16.335. 91-15-006, 308-96A-065, filed 7/8/91, effective 8/8/91. Statutory Authority: RCW 46.16.276 and 46.16.600. 88-12-043 (Order TL/RG 41), 308-96A-065, filed 5/27/88. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-065, filed 5/28/87. Statutory Authority: RCW 46.01.110 and 46.16.600. 84-21-130 (Order TL/RG-9), 308-96A-065, filed 10/24/84; Order MV-328, 308-96A-065, filed 7/24/75.]

AMENDATORY SECTION (Amending WSR 93-14-083, filed 6/30/93, effective 7/31/93)

WAC 308-96A-066 Denial or cancellation of personalized license plates((--Denied or canceled)). (1) ((An application for a personalized license plate may be denied, at the discretion of the department, when the department considers the combination of letters and numbers to be 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, or contrary to the department's mission to promote highway safety.

(2) A personalized license plate may be canceled at the discretion of the department if after being issued the department determines the combination of letters and numbers to be offensive to good taste or decency by being profane, sexually suggestive, alcohol or drug related, racist, derogatory, or slanderous, or which could be misleading or a duplicate of license plates provided in chapter 46.16 RCW.

(a) When a personalized license plate is canceled, the vehicle owner will be refunded the amount of the fee paid pursuant to RCW 46.16.585 and 46.16.606 for such license plate; or

(b) Instead of a refund, the owner may apply for and be issued another configured personalized license plate without payment of an additional personalized license plate fee.)) 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:

(a) Offensive to good taste and decency;

(b) Potentially misleading;

(c) Vulgar, profane or sexually suggestive in nature;

(d) A racial, ethnic, lifestyle or gender slur;

(e) Related to alcohol or to illegal activities or substances;

(f) Blasphemous;

(g) Derogatory;

(h) Slanderous;

(i) A duplication of license plate or decal numbers provided in chapter 46.09, 46.10 or 46.16 RCW; or

(j) Contrary to the department's mission to promote highway safety.

(2) If the personalized license plates are cancelled due to one or more reasons specified in subsection (1) of this section, the vehicle owner may:

(a) Apply for a refund for the fee paid under RCW 46.16.585 and 46.16.606 for such license plates; or

(b) 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.

(3) The department may cancel personalized license plates if they are:

(a) Not renewed by the owner within forty-five days of the vehicle expiration; or

(b) Removed from a vehicle and not transferred to a replacement vehicle within thirty days; or

(c) Transferred to a new owner who does not make proper application for the plates within twenty-five days; or

(d) Reported stolen.

[Statutory Authority: RCW 46.01.110. 93-14-083, 308-96A-066, filed 6/30/93, effective 7/31/93.]

NEW SECTION

WAC 308-96A-067 Reissuance or reinstatement of personalized license plates. (1) The owner of a personalized license plate who does not renew it within forty-five days shall reapply and pay the original personalized license plate fee in order to reinstate the plate.

(2) The new owner of a personalized license plate who does not apply to the department within twenty-five days from the date of transfer from the previous owner forfeits ownership of the plate. The department will make that personalized plate available to the first applicant for that plate configuration.

(3) The owner of a personalized license plate who does not transfer the plate as described in WAC 308-96A-065(2) shall reapply and pay the original personalized license plate fee in order to reinstate the plate.

(4) The department may not reissue a stolen personalized license plate to the same owner or a new owner until:

(a) The stolen plate record is removed from the Washington Crime Information Center (WACIC) records; or

(b) Five years from the date the plates are reported stolen, whichever comes first. If the plates are stolen, the plates will be reserved for the owner of record for thirty days after they become eligible for reissue. If the last owner makes an application for reissue within these thirty days, then the plate may be provided at the replacement plate fee and the personalized license plate renewal fee then in effect.

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NEW SECTION

WAC 308-96A-068 Issuance of personalized license plates. Personalized license plates may be issued with one to seven letters or numbers. The letters "I" and "O" and the numbers "1" (one) and "0" (zero) may not be issued as single-digit plates.

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AMENDATORY SECTION (Amending WSR 91-04-025, filed 1/29/91, effective 3/1/91)

WAC 308-96A-070 Amateur radio operator special license plates. (1) ((Every person having a valid amateur radio operator's license is entitled to apply to the department in Olympia, Washington, upon a satisfactory showing, to receive in lieu of the regular motor vehicle license plates, similar plates bearing the official amateur radio call letters assigned by the Federal Communications Commission (F.C.C.). Only one set of plates carrying call letters may be issued to an amateur radio operator at any one time.

(2) An application for special amateur radio operator license plates must be accompanied by a photocopy of the official amateur radio operator license issued by the F.C.C. When the F.C.C. license expires, the operator must notify the department of the expiration and if a renewed F.C.C. license is obtained, furnish a copy of the new license.

(3) An applicant for special amateur radio operator license plates must be the registered owner of the vehicle for which the plates will be issued. Special amateur radio operator license plates issued prior to January 1, 1991, for vehicles not owned by the amateur radio operator, may continue to be used until the operator no longer has an interest in the vehicle. It is the responsibility of the registered owner to apply for replacement license plates when the special amateur radio operator license plate is no longer authorized.

(4) In addition to paying all other license fees required by law, each applicant for special amateur radio operator license plates shall pay an additional license fee of five dollars.

(5) In addition to paying all other license fees required by law, each applicant when applying for transfer of their special amateur radio operator license plates to another vehicle shall pay an additional license fee of five dollars.

(6) The department shall furnish a list of the names, addresses, and license plate call letters to the state department of community development, Washington state patrol, and all county sheriffs upon request. The lists shall be used only in the performance of official duties of these government agencies and shall not be released for any other purpose.

(7) Any amateur radio operator who holds a special amateur radio operator license plate as issued under this section who has allowed his or her F.C.C. license to expire, or for any reason no longer has an official valid F.C.C. license, shall notify the department in writing within thirty days of the F.C.C. license becoming invalid and surrender his or her special amateur radio operator license plates. Special amateur radio operator license plates are deemed to be cancelled on the date the F.C.C. license becomes invalid. Failure to notify the department and surrender plates is a traffic infraction. The special plate may be reinstated by applying for and paying the fee for a new special plate.)) Any person having a valid amateur radio operator's license may apply to the department for license plates bearing the official amateur radio call letters assigned by the Federal Communications Commission (F.C.C.). These plates are in lieu of regular issue license plates. The department may issue only one set of these plates at any one time carrying these call letters.

(2) The amateur radio operator shall attach a copy of his or her current F.C.C. license to the application for these plates. The operator must notify the department when the F.C.C. license is cancelled or expires and whether or not the operator has renewed the license. If the license has been renewed, the operator shall send a copy of the new F.C.C. license to the department. If the F.C.C. license has not been renewed the department may cancel the amateur radio operator license plates.

(3) The amateur radio operator license plates shall be displayed on a motor vehicle owned by the amateur radio operator unless the plates were issued and assigned to a vehicle prior to January 1, 1991.

(4) In addition to all other license fees required by law, each applicant for amateur radio operator license plates shall pay an additional license plate fee of five dollars for the plate and an additional five dollars any time the plates are transferred to another vehicle.

(5) The effective date of the plate cancellation is the date the F.C.C. license becomes invalid. Reinstatement of the plates requires the amateur radio operator to reapply for the plates, providing a copy of the valid F.C.C. license and paying the five-dollar fee for a new plate.

[Statutory Authority: RCW 46.01.110 and 46.12.070. 91-04-025, 308-96A-070, filed 1/29/91, effective 3/1/91; Order MV-328, 308-96A-070, filed 7/24/75.]

AMENDATORY SECTION (Amending WSR 91-15-006, filed 7/8/91, effective 8/8/91)

WAC 308-96A-071 Military affiliate radio system special license plates. (1) Any ((Washington state resident holding)) person having a valid Military Affiliate Radio System station license (MARS) ((is entitled to)) may apply to the department ((in Olympia, Washington, and upon satisfactory showing, to receive in lieu of regular vehicle license plates, similar)) for license plates bearing the official MARS call ((sign)) letters assigned by the Department of Defense. These plates are in lieu of regular issue license plates. The department may issue only one set of ((license)) these plates ((reflecting the call sign may be issued to the MARS station licensee)) at any one time carrying these call letters.

(2) An ((application)) applicant for ((special)) MARS license plates ((must be accompanied by a photocopy)) shall attach a copy of ((the)) his or her current official MARS station license authorized by the Department of Defense and issued by the United States Army, Air Force, or Navy/Marine Corps. The recipient of these plates must notify the department when the MARS station license has been cancelled or expires, ((the applicant must notify the department of the expiration and if a renewed license is obtained, furnish)) and whether or not he or she has renewed the license. If the license has been renewed, the MARS station license holder shall send a copy of the new MARS license to the department. If the MARS station license has not been renewed the department may cancel the MARS license plates.

(3) ((An applicant for special)) The MARS license plates ((must)) shall be ((the registered owner of the Washington state registered)) displayed on a motor vehicle ((for which the special license plates will be issued)) owned by the MARS station license holder.

(4) In addition to ((paying)) all other license fees ((and excise taxes)) required by law, each applicant for ((an original special)) MARS license plates shall pay an additional license plate fee of five dollars for the plate and an additional five dollars any time the plates are transferred to another vehicle.

(5) ((In addition to paying all other license fees required by law, each applicant when applying for transfer of their special MARS license plates to another vehicle shall pay an additional license fee of five dollars.

(6) Any MARS station licensee who holds a special vehicle license plate issued under this section and who has allowed the station license to expire, or for any reason no longer has an official valid MARS station license, shall notify the department in writing within thirty days of the license becoming invalid and surrender the special MARS vehicle license plates. Special MARS vehicle license plates are deemed to be cancelled on the date the MARS station license becomes invalid. Failure to notify the department and surrender the vehicle license plates is a traffic infraction. The special plates may be reinstated by applying for and paying the fee for a new special plate.)) The effective date of a plate cancellation is the date the MARS station license becomes invalid. Reinstatement of the plates requires the MARS station license holder to reapply for the plates, providing a copy of the valid MARS license and paying the five-dollar fee for a new plate.

[Statutory Authority: RCW 46.01.110 and 46.16.335. 91-15-006, 308-96A-071, filed 7/8/91, effective 8/8/91.]

AMENDATORY SECTION (Amending WSR 97-07-014, filed 3/11/97, effective 4/11/97)

WAC 308-96A-073 Vehicles over forty years old--Horseless carriage plates. (1) ((Any motor vehicle which is at least forty years old and is owned and operated primarily as a collector vehicle shall, upon application and acceptance by the department, be issued one special horseless carriage commemorative license plate in lieu of a regular license plate. Any vehicle to be so licensed must be capable of being operated upon the highway.

(2) In addition to paying all other license fees required by law, each applicant for a horseless carriage commemorative license plate shall pay an additional license fee of thirty-five dollars.

(3) The special license plate shall be issued for the life of the vehicle and shall be transferred with the vehicle. The single plate shall be displayed on the rear of the vehicle.

(4) Horseless carriage commemorative license plates shall be assigned a separate "horseless carriage" series.)) The owners of any motor vehicle which is:

(a) At least forty 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 may apply to the department for a special horseless carriage license plate to be used in lieu of regular issue license plates. The department, upon approval of application, shall issue a horseless carriage plate for this vehicle.

(2) The horseless carriage license plate must be displayed on the vehicle for which it was issued and must stay with that vehicle upon transfer of ownership of the vehicle. The owner shall display the single plate on the rear of the vehicle.

(3) In addition to all other license fees required by law, the applicant shall pay an additional license fee of forty dollars for this horseless carriage license plate.

[Statutory Authority: RCW 46.01.110. 97-07-014, 308-96A-073, 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-073, filed 1/29/91, effective 3/1/91.]

AMENDATORY SECTION (Amending WSR 97-07-014, filed 3/11/97, effective 4/11/97)

WAC 308-96A-074 Vehicles over thirty years old--Collector vehicle license plates. (1) ((Any motor vehicle which is at least thirty years old and is owned and operated primarily as a collector vehicle shall, upon application and acceptance by the department, be issued one special collector vehicle license plate in lieu of a regular license plate. Any vehicle so licensed must be capable of being operated upon the highway.

(2) In lieu of a collector vehicle license plate the applicant may be authorized to display a Washington state issued vehicle license plate designated for use in the year of the vehicle's manufacture.

(3) In addition to paying all other license fees required by law, each applicant for a collector vehicle license plate shall pay an additional license fee of thirty-five dollars.

(4) Collector vehicle license plates are valid for the life of the vehicle and shall be transferred with the vehicle. The license plate shall be displayed on the rear of the vehicle.

(5) Collector vehicle license plates shall be assigned a separate "collector vehicle" series.)) The owners of any motor vehicle which is:

(a) At least 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 may apply to the department for a special collector vehicle license plate. The department, if satisfied the application is in order, shall issue a collector vehicle license plate for this vehicle.

(2) The collector vehicle license plate must be displayed on the vehicle for which it was issued and must stay with that vehicle upon transfer of ownership of the vehicle. The owner shall display the single plate on the rear of the vehicle.

(3) Instead of a collector vehicle license plate, the owner may be authorized to display a Washington state issued vehicle license plate designated for use in the year of the vehicle's manufacture. This plate must be displayed on the vehicle for which it was issued but may be retained by the owner if the vehicle ownership changes. The owner shall display the single plate on the rear of the vehicle.

(4) In addition to all other license fees required by law, the applicant shall pay an additional license fee of forty dollars for this collector vehicle license plate described in subsections (2) and (3) of this section.

[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 96-21-043, filed 10/11/96, effective 11/11/96)

WAC 308-96A-175 Ride-sharing vehicles. (1) The owner of a passenger motor vehicle primarily used as a commute ride-sharing vehicle defined in RCW 46.74.010(1) may be issued special ride share license plates by satisfying the provisions of RCW 46.16.023. Any person desiring the special ride share license plates shall make application on a form ((provided)) approved by the department and((:

(a))) pay all fees required pursuant to chapter 46.12 RCW and the special ride share license plate fee required by RCW 46.16.023((; and

(b))). The owner shall then provide:

(a) For privately owned vehicles, ((provide)) a list of the riders registered to use the ride-sharing vehicle, including the names, addresses and signatures ((thereof)) of the riders and driver. For five and six passenger vehicles being used in a commute trip reduction program, the list shall be a copy of the certification of registration in a commute trip reduction program either with a public transportation agency or a major employer; or

(((c))) (b) For vehicles operated by public transportation agencies or by major employers defined in RCW 70.94.524 in commute trip reduction programs, ((provide)) a written statement that the vehicle is used as a commuter ride-sharing vehicle.

(2) A passenger motor vehicle owned, rented or leased by a government agency ((will)) may be issued special ride share license plates for the vehicle described on the approved ride-sharing application. ((The license plates may not be transferred to any other vehicle without obtaining an approved ride-sharing application for the other))

(3) In order to transfer license plates to another vehicle, the owner shall make:

(a) Application to and receive approval by the department for the replacement passenger motor vehicle; and

(b) Payment of a five dollar license plate transfer fee and appropriate licensing fees.

(((3))) (4) When special ride share license plates are removed from or transferred to another vehicle, ((a replacement)) the owner shall:

(a) Purchase replacement license plates ((fee)); and

(b) Pay vehicle excise tax ((abated)) for the remaining license registration period for the vehicle ((from which exemption is being removed shall be collected. If the exemption is being removed within thirty-six consecutive months from obtaining the exemption, the full use or sales tax amounts originally exempted shall be due and payable to the department of revenue. An application for exemption for the vehicle on which the special license plates are to be transferred must be filed pursuant to subsection (1) of this section with payment of the license plate transfer fee provided in RCW 46.16.023(2))).

(((4))) (5) When a ride-sharing vehicle is sold or transferred to another person who will continue to use the passenger motor vehicle as a commuter ride-sharing vehicle, the new owner shall ((make application for)):

(a) Apply for a certificate of ownership ((pursuant to)) under chapter 46.12 RCW((, and));

(b) Apply for commuter ride-sharing exemption ((as provided herein)); and

(c) Pay all required fees and taxes including the special license plate fee.

(((5))) (6) Upon application for registration renewal, the owners of nongovernment ride share plated vehicles ((must)) shall:

(a) Recertify that the vehicle is used as a commuter ride-sharing vehicle to continue to be exempt from chapters 82.08, 82.12, and 82.44 RCW((. The department will provide recertification forms to ride-sharing vehicle registered owners for filing with registration renewal applications.)); and

(b) Submit a completed recertification form, approved by the department, including names, addresses, and signatures of current passengers and drivers((, is required to renew registration of a ride-sharing vehicle)). ((Failure)) If the registered owner fails to file a completed recertification form ((will cause)) the department will cancel the special ride share license plates ((to be canceled)) and the registered owner will need to purchase replacement plates ((will need to be purchased)) and pay applicable fees and taxes ((paid)) to complete registration renewal.

[Statutory Authority: RCW 46.01.110, 46.74.010 and 1996 c 244. 96-21-043, 308-96A-175, filed 10/11/96, effective 11/11/96. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. 94-17-044, 308-96A-175, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110, 46.16.276 and 1987 c 175 2. 88-01-010 (Order TL/RG 39), 308-96A-175, filed 12/7/87.]

AMENDATORY SECTION (Amending WSR 96-21-043, filed 10/11/96, effective 11/11/96)

WAC 308-96A-176 Transportation needs ride-sharing vehicles. (1) Private, nonprofit transportation providers ((providing)) furnishing ride sharing for persons with special transportation needs ((pursuant to)) under chapter 81.66 RCW, may be issued special ride share license plates ((pursuant to)) under RCW 46.16.023 for passenger motor vehicles. The transportation provider shall make application for special ride share license plates ((shall be made)) on a form((s provided)) approved by the department ((and)). The application shall include:

(a) A copy of the utilities and transportation commission's operating certificate authorizing the organization to operate in this state;

(b) Payment of all fees required ((pursuant to)) under chapter 46.12 RCW; and

(c) Payment for the special ride share license plate fee as provided in RCW 46.16.023.

(2) For purposes of this section, a passenger motor vehicle is defined as:

(a) A motor vehicle titled with a use class of PAS, but does not include a motorhome;

(b) A bus with a seating capacity of fifteen or less including the driver;

(c) A cutaway, defined as a van or light truck cut off behind the cab, a bus type body permanently affixed to the frame behind the cab, and a seating capacity of fifteen or less including the driver. A cutaway does not include a motorhome; and

(d) A modified van, not more than twenty-eight feet in overall length, and a seating capacity of fifteen or less including the driver. A modified van does not include a motorhome.

(3) When the transportation provider removes the special ride share license plates ((are removed from)) or ((transferred)) transfers the plates to another vehicle owned by the transportation provider, ((a)) replacement license plates fee and vehicle excise tax abated for the remaining license registration period for the vehicle, from which exemption is being removed, shall be collected. If the exemption is being removed within thirty-six consecutive months from obtaining the exemption, the full use or sales tax amount originally exempted shall be due and payable to the department of revenue. An application for exemption for the vehicle on which the special license plates are to be transferred must be filed pursuant to subsection (1) of this section with payment of the license plate transfer fee provided in RCW 46.16.023(2).

(4) Upon application for registration renewal, the transportation provider must recertify that the vehicle is still being used to provide transportation for persons with special transportation needs to continue to be exempt from chapters 82.08 and 82.44 RCW. The department will provide recertification forms to ride-sharing vehicle registered owners for filing with registration renewal applications.