Preproposal statement of inquiry was filed as WSR 98-03-026.

Title of Rule: Chapter 308-93 WAC, Vessel registration and certificate of title.

Purpose: 1. To meet the criteria set forth in Governor Locke's Executive Order 97-02. 2. To implement SSB 6603.

Statutory Authority for Adoption: RCW 88.02.070, 88.02.100.

Summary: Clarifying WAC 308-93-010 Definitions, 308-93-050 Vessels exempted from registration, excise tax, and titling, 308-93-055 Foreign vessels operating in this state--Identification document required, 308-93-056 Out of country vessels operating in this state--Identification document required, 308-93-060 Registration period, 308-93-070 Application for title registration, 308-93-071 Class "A" and Class "B" titles, 308-93-073 New vessels, 308-93-078 Temporary permits, 308-93-285 Vessel length measurement, 308-93-350 Incorrect endorsements or erasures, 308-93-360 Application for title required, 308-93-620 Hull identification number required, and 308-93-640 Reciprocity; new 308-93-069 Application for certificate of ownership/registration--Accompanied by; and repealing 308-93-074 Application for titles--Commercial fishing, 308-93-075 Inspection of certificate, 308-93-080 Registration certificate, 308-93-085 Contents of a certificate of registration, 308-93-300 Original application--Renewals--Fees--Preissuance, when, 308-93-330 Certificate of title--Application, 308-93-420 Special mailing, and 308-93-630 Assignment of hull identification number.

Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02 and implementation of SSB 6603.

Name of Agency Personnel Responsible for Drafting: Patrick J. Zlateff, 1125 Washington Street South East, Olympia, (360) 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street South East, Olympia, (360) 902-4045.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: None.

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 and a better understanding by the public 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 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, 1125 Washington Street South East, Olympia, WA 98507, on July 21, 1998, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by July 20, 1998, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick J. Zlateff, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, FAX (360) 664-0831, by July 20, 1998.

Date of Intended Adoption: July 29, 1998.

June 9, 1998

Nancy S. Kelly

Administrator

AMENDATORY SECTION (Amending WSR 96-16-038, filed 8/1/96, effective 9/1/96)

WAC 308-93-010  Definitions. Unless the context clearly indicates otherwise, the following definitions apply to the rules in this chapter:

(1) (("Alien vessel" means a vessel owned by a resident of a country other than the United States.

(2) "Carpenter certificate" means a certificate issued by a manufacturer describing the vessel for which such certificate is issued and certifying the first conveyance of said vessel after its manufacture.

(3) "Commercial fishing vessel" means a vessel primarily used for commercial or charter fishing.

(4) "Declaration of value form" means the department of revenue form used to declare the value for purposes of assessing excise tax when a vessel is acquired by lease, trade, gift, homemade, or the most recent purchase price is not known to declare the value for purposes of assessing excise tax.

(5) "Director" means the director of the department of licensing.

(6) "Documented vessel" means a vessel that is documented by the United States Coast Guard and is issued a valid marine certificate.

(7) "Exclusively" means solely and without exception.

(8) "Foreign vessel" means a vessel owned by a resident of another state registered in accordance with the laws of the state in which the owner resides.

(9) "Legal owner" means a person, business, or institution having a security interest in a vessel perfected in accordance with RCW 46.12.095 or the registered owner of a vessel unencumbered by a security interest or the lessor of a vessel unencumbered by a security interest.

(10) "Lifeboat" means craft used exclusively for lifesaving purposes.

(11) "Manufacturer's statement of origin (MSO)" means a certificate issued by a manufacturer describing the vessel for which such certificate is issued and certifying the first conveyance of said vessel after its manufacture.

(12) "Overall length" means a straight line measurement of the overall distance from the foremost point of the vessel to the aftermost part of the vessel, measured parallel to the centerline. Bow sprits, bumpkins or boomkins, rudders, outboard motor brackets, outdrive units, propellers, and similar fittings or attachments are not included in the measurement.

(13) "Prebill" and "no bill" means the notice to renew a vessel registration that is mailed by the department to the registered owner.

(14) "Previous ownership document" means the last issued certificate of title and/or registration.

(15) "Primarily" means the principal purpose for which a vessel is used when considered in conjunction with all of its uses.

(16) "Propulsion machinery" means any device providing motion to a vessel through such means as combustion, steam, or electric machinery.

(17) "Registered owner, owner," synonymous terms used interchangeably, mean a person who has a lawful right to possession of a vessel, whether or not the vessel is subject to a security interest.

(18) "Tender" means a craft used exclusively to furnish transportation from a larger vessel to shore and return.

(19) "Use of waters" means to navigate, operate, employ, or moor any vessel upon the waters.

(20) "Valid marine document" means a document issued by the United States Coast Guard which declares a vessel to be a documented vessel of the United States.

(21) "Vessel data form" means the information application completed by the applicant showing all required description data for the vessel registration and title.

(22) "Waters of this state" means any waters within the territorial limits of this state.

(23) "Time share charters" means leased vessels where none of the parties leasing the vessel under a "time share" option agreement are acquiring an equity in the vessel and there is no option to buy.

(24) "Houseboat" means any vessel as defined in RCW 88.02.010(1) and does not mean any building on a float used in whole or in part for human habitation as a single-family dwelling which is not designed for self propulsion by mechanical means, or for propulsion by means of wind, nor propelled by mechanical means or wind.

(25) "Cruising license" means an annual certificate issued by U.S. customs service pursuant to 19 C.F.R. Sec. 4.94, which exempts pleasure boats from certain countries from formal entry and clearance procedures, from payment of tonnage tax and clearance fees at all but the first port of entry.)) "Bare boat" means a vessel rented without a crew.

(2) "Carpenter certificate" means a certificate issued by a manufacturer describing the vessel for which such certificate is issued and certifying the first conveyance of said vessel after its manufacture.

(3) "Charter vessel" means a vessel rented with a crew.

(4) "Commercial fishing vessel" means a vessel primarily used for commercial or charter fishing.

(5) "Declaration of value form" means the department of licensing form used to declare the value for purposes of assessing excise tax when a vessel is acquired by lease, trade, gift, homemade, or the most recent purchase price is not known to declare the value for purposes of assessing excise tax.

(6) "Director" means the director of the department of licensing.

(7) "Display permit" means the document issued by the department, its agents or subagents, for display on the vessel for which it was issued under the authority of WAC 308-93-055 or 308-93-056.

(8) "Documented vessel" means a vessel that is documented by the United States Coast Guard and is issued a valid marine certificate.

(9) "Exclusively" means solely and without exception.

(10) "Foreign vessel" means a vessel registered in accordance with the laws of another state.

(11) "Houseboat" means any vessel as defined in RCW 88.02.010(1). For registration and certificate of ownership purposes, a houseboat does not include any building on a float used in whole or in part for human habitation as a single-family dwelling which is not powered by self propulsion by mechanical means or wind.

(12) "Identification documents" means the registration receipt and display permit issued under the authority of WAC 308-93-055 or 308-93-056.

(13) "Legal owner/secured party" means a person, business, or institution having a security interest in a vessel perfected in accordance with RCW 88.02.070.

(14) "Lifeboat" means watercraft used exclusively for lifesaving purposes.

(15) "Manufacturer's statement of origin" (MSO) or "Manufacturer's certificate of origin" (MCO) means a certificate issued by a manufacturer describing the vessel and certifying the first conveyance after manufacture.

(16) "Out of country vessel" means a vessel registered or numbered by the laws of a country other than the United States, or has a valid United States Customs Service Cruising License.

(17) "Overall length" means a straight-line measurement of the overall distance from the foremost point of the vessel to the aftermost part of the vessel, measured parallel to the centerline. Bow sprits, bumpkins or boomkins, rudders, outboard motor brackets, outdrive units, propellers, and similar fittings or attachments are not included in the measurement.

(18) "Paperless title" means electronic ownership record.

(19) "Person" includes every natural person, firm, copartnership, corporation, association or organization.

(20) "Primarily" means the principal purpose for which a vessel is used when considered in conjunction with all of its uses.

(21) "Propulsion machinery" means any device providing motion to a vessel through such means as combustion, steam, or electric machinery.

(22) "Release of interest" means the act of signing over any ownership in a vessel. A release of interest is also a notarized or certified document relinquishing interest in a vessel.

(23) "Renewal notice" and "special mailer" means the notice to renew a vessel registration mailed by the department to the owner.

(24) "Tender" means watercraft used exclusively to furnish transportation from a larger vessel to shore and return.

(25) "Time share charters" means leased vessels where none of the parties leasing the vessel under a "time share" option agreement is acquiring an equity in the vessel and there is no option to buy.

(26) "United States Customs Service Cruising License" means an annual certificate issued by U.S. Customs Service under 19 C.F.R. Sec. 4.94, which exempts pleasure boats from certain countries from formal entry and clearance procedures, from payment of tonnage tax and clearance fees at all but the first port of entry.

(27) "Use of waters" means to navigate, operate, employ, or moor any vessel upon the waters.

(28) "Valid marine document" means a document issued by the United States Coast Guard which declares a vessel to be a documented vessel of the United States.

(29) "Vessel data form" means the form, approved by the department, completed by the applicant describing the vessel.

(30) "Waters of this state" means any waters within the territorial limits of this state.

[Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. 96-16-038, § 308-93-010, filed 8/1/96, effective 9/1/96. Statutory Authority: RCW 88.02.070 and 88.02.100. 92-24-035, § 308-93-010, filed 11/25/92, effective 12/26/92. Statutory Authority: RCW 88.02.120 and 88.02.100. 90-08-018, § 308-93-010, filed 3/28/90, effective 4/28/90; 87-09-073 (Order TL/RG-32), § 308-93-010, filed 4/22/87. Statutory Authority: RCW 88.02.030, 88.02.070, 88.02.120, 88.02.130, 88.02.140, 88.02.150 and 88.02.100. 86-10-068 (Order TL/RG 25), § 308-93-010, filed 5/7/86. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-19-026 (Order TL-RG 8), § 308-93-010, filed 9/13/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-010, filed 11/18/83.]

AMENDATORY SECTION (Amending WSR 96-16-038, filed 8/1/96, effective 9/1/96)

WAC 308-93-050  Vessels exempted from registration, excise tax and titling. The following vessels are exempt from registration, titling, and the assessment of excise tax:

(1) Vessels exempt from registration ((pursuant to)) under RCW 88.02.030;

(2) ((Vessels that have been issued a valid number under federal law or by an approved issuing authority of the state of principal operation, unless the vessel is physically located in this state for a period of more than sixty days in any twelve-month period. A vessel that is validly registered in another state but is removed to this state for principal use is subject to titling, registration and assessment of excise taxes, unless otherwise exempt;

(3))) Vessels primarily engaged in commerce which have or are required to have a valid marine document as a vessel of the United States, including but not limited to:

(a) Commercial fishing vessels;

(b) Barges;

(c) Charter vessels, including, bare boat and time share charters((.));

(((4))) (3) Vessels owned by Indian tribes and tribal members as provided in WAC 308-93-700 through 308-93-770.

[Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. 96-16-038, § 308-93-050, filed 8/1/96, effective 9/1/96. Statutory Authority: RCW 88.02.070 and [88.02].100. 93-14-082, § 308-93-050, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 88.02.100 and 1991 c 339 § § 30 and 31. 92-03-075, § 308-93-050, filed 1/14/92, effective 2/14/92. Statutory Authority: RCW 88.02.100 and 88.02.120. 90-08-018, § 308-93-050, filed 3/28/90, effective 4/28/90. Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), § 308-93-050, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-19-026 (Order TL-RG 8), § 308-93-050, filed 9/13/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-050, filed 11/18/83.]

NEW SECTION

WAC 308-93-055  Foreign vessels operating in this state--Identification document required. (1) Beginning January 1, 1998, the owner of a foreign vessel having been issued a valid number under federal law or by an approved issuing authority of the state of principal operation, whose vessel is remaining in this state for personal use or enjoyment for more than sixty days of use shall:

(a) Obtain a two month identification document issued by the department, its agents or subagents on or by the sixty-first day. The second identification document shall be purchased on or by the one hundred twenty-first day of use in this state;

(b) Indicate when the vessel first came into the state;

(c) Pay a nonrefundable fee of twenty-five dollars plus a filing fee and subagent fee, if applicable, per identification document;

(d) Provide proof of nonresidency by showing the vessel owner's out-of-state driver's license or out-of-state photo identification;

(e) Provide proof of current foreign vessel registration or current United States Coast Guard certificate of documentation;

(f) Not use more than two identification documents in any continuous twelve-month period. The twelve months begins on the date the vessel first entered this state;

(g) Keep the identification document placard and temporary registration on the vessel while on the waters of this state;

(h) Display the identification document placard in a location that is visible at all times from outside the vessel. The placard shall be protected from weathering.

(2) If the vessel owner is not available, the person applying for the vessel identification document shall have a notarized/certified power of attorney from a registered owner of the vessel and a copy of the vessel owner's out-of-state driver's license or photo identification.

[]

NEW SECTION

WAC 308-93-056  Out of country vessels operating in this state--Identification document required. (1) Beginning March 27, 1998, the owner of an out of country vessel having been issued a valid number or registration by a country other than the United States or a United States Customs Cruising License, whose vessel is remaining in this state for personal use or enjoyment for more than sixty days of use shall:

(a) Obtain a permanent identification document issued by the department, its agents or subagents on or by the sixty-first day;

(b) Indicate when the vessel first came into the state;

(c) Pay a nonrefundable fee of twenty-five dollars plus a filing fee and subagent fee, if applicable;

(d) Provide proof the out of country vessel is currently registered or numbered, or a valid United States Customs Cruising License. Such proof may be, but is not limited to, the valid numbers or registration issued by a country other than the United States or a United States Custom Service Cruising License;

(e) Keep the identification document placard and registration on the vessel while on the waters of this state;

(f) Display the identification document placard in a location that is visible at all times from outside the vessel. The placard shall be protected from weathering.

(2) If the vessel owner is not available, person(s) applying for the vessel identification document shall have a notarized/certified power of attorney from a registered owner of the vessel and a copy of the valid numbers or registration issued by a country other than the United States or a United States Custom Service Cruising License.

(3) The identification document is valid as long as the vessel continues to be registered in a country other than the United States or has a United States Custom Service Cruising License. New owners may apply for a corrected vessel out of country registration listing the new owner's name and address. The new owner shall pay a nonrefundable fee of three dollars plus a filing fee and subagent fee, if applicable.

[]

AMENDATORY SECTION (Amending WSR 92-24-035, filed 11/25/92, effective 12/26/92)

WAC 308-93-060  Registration period. The vessel registration period is July 1 of the current year through June 30 of the following year for purposes of chapter 88.02 RCW.

Any vessels registered for the first time in Washington will be assessed the registration fee for the registration period in which the vessel is registered. In addition, excise tax in the amount prescribed in chapter 82.49 RCW will be assessed through the current registration period ((in which the vessel is registered)).

When registering a vessel((s being registered)) in Washington for the first time and ((assigned)) assigning a registration period of eleven months or less ((shall have)) or transferring ownership of a vessel for which the registration has expired, the annual excise tax shall be reduced by one-twelfth for each full month of the registration period ((which has passed by the date when the vessel is registered in Washington)) they did not own or possess the vessel. The registration fee ((will)) shall not be abated ((for the registration period in which the vessel is registered.

When a transfer of ownership occurs on a vessel previously registered in this state and whose registration has expired, there is assessed a registration fee of six dollars for the current registration period and excise tax from the expiration date of the previous registration. If the person seeking registration verifies that the vessel was acquired subsequent to expiration of the previous registration, excise tax will be assessed from the date of acquisition through the current registration period in which the vessel is being registered)).

[Statutory Authority: RCW 88.02.070 and 88.02.100. 92-24-035, § 308-93-060, filed 11/25/92, effective 12/26/92. Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), § 308-93-060, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-19-026 (Order TL-RG 8), § 308-93-060, filed 9/13/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-060, filed 11/18/83.]

NEW SECTION

WAC 308-93-069  Application for certificate of ownership/registration--Accompanied by. Vessel owners shall submit with their application for certificate of ownership or registration all proper fees and excise tax and the following documentation when appropriate:

(1) Excise exemption affidavit; and/or

(2) A copy of the bill of sale or sales agreement; and/or

(3) Declaration of value form; and/or

(4) Previous ownership document properly released; and/or

(5) Proof of sales tax paid; and/or

(6) Manufacturer's statement of origin, factory invoice, or carpenter certificate; and/or

(7) Release of interest form; and/or

(8) Other verification of ownership approved by the department to include:

(a) A judgment from a district or superior court of any county of this state awarding ownership; or

(b) Document from an involuntary divestiture sale or auction; and/or

(9) Copy of certificate of documentation of vessel issued by the United States Coast Guard.

(10) Upon application for a vessel certificate of ownership an authorized agent or employee shall verify the application and supporting documents to ensure accuracy. If all requirements are not met, an authorized agent or employee shall refuse to accept the application.

(11) When the application has been received, the department may recheck the application. If there is an error which precludes issuance of the certificate of ownership the department shall delay issuance of certificate of ownership until proper documentation has been received.

[]

AMENDATORY SECTION (Amending WSR 96-04-004, filed 1/25/96, effective 2/25/96)

WAC 308-93-070  Application for ((title/registration)) certificate of ownership/registration--Contents. (((1) An application for certificate of ownership or registration of a vessel shall be completed and shall include:

(a) The names, addresses, and department assigned customer account numbers for all owners of the vessel being registered including lessees and lessors, and legal owners if applicable.

(b) Make, model year and length of vessel.

(c) Type of power (gasoline, diesel, propane, other, etc.).

(d) Primary use.

(e) Primary method of propulsion (inboard, outboard, inboard/outboard, jet, sail, other, etc.).

(f) Type of vessel (open, cabin, house, or other).

(g) Primary vessel construction (fiberglass, wood, aluminum, etc.).

(h) County of moorage.

(i) United States Coast Guard issued number, if any.

(j) Purchase price and purchase year of vessel or declared value and year of declaration. Purchase price includes the price purchaser paid for the vessel, vessel motor, or engine, and all other equipment and accessories, excluding boat trailers, purchased in a single transaction.

(k) Hull identification number.

(l) Vessel registration numbers previously issued by any issuing authority, if any.

(m) That the application is for a new number, renewal or transfer of ownership.

(n) State in which vessel is or will be principally used.

(o) United States Coast Guard document number, if applicable.

(2) Name and address of all persons perfecting a security interest (legal owner), except for United States Coast Guard documented vessels, or a certified statement by the registered owner that the vessel is free of all liens.

(3) In the event a vessel is homemade, the registered owner must complete and sign a declaration of value form.

(4) The names of all owners will appear on the application for registration and title. The application must be signed by all registered owner applicants. Signature must be notarized or certified by an authorized license agent.

(5) The application for certificate of ownership or registration shall be accompanied by the following where applicable:

(a) A copy of the bill of sale or sales agreement.

(b) Declaration of value form.

(c) All proper fees and excise tax.

(d) Previous ownership document properly released.

(e) Excise exemption affidavit.

(f) Proof of sales tax paid.

(g) Manufacturer's statement of origin or original factory invoice.

(h) Copy of carpenter certificate.

(i) Release of interest form.

(j) Other verification of ownership.

(k) Copy of certificate of ownership of vessel issued by United States Coast Guard.

(6) An application made for a vessel to be leased or rented without propulsion machinery will indicate "other" for type of power in subsection (1)(c) of this section and for primary method of propulsion in subsection (1)(e) of this section.)) (1) When Washington becomes the new state of principal use, Washington shall recognize the validity of a vessel number issued by any other issuing authority for a period of sixty days before requiring numbering in this state.

(2) Vessel owners applying for certificate of ownership or registration of a vessel shall submit an application, which includes:

(a) Expiration date of the certificate of registration;

(b) The name of each owner of the vessel and if the vessel is subject to security interest, the name of each secured party;

(c) The department assigned customer account number for each owner of the vessel including secured parties if available;

(d) The address at which one of the owners regularly receives mail;

(e) The mailing address of the first secured party;

(f) The Washington registration number if assigned;

(g) Make and model year;

(h) Length of vessel;

(i) Type of power (gasoline, diesel, etc.);

(j) Primary use (commercial, pleasure, etc.);

(k) Primary method of propulsion (inboard, sail, etc.);

(l) Type of vessel (runabout, cabin, etc.);

(m) Primary vessel construction (fiberglass, wood, etc.);

(n) County of moorage;

(o) Hull identification number, if one has been assigned;

(p) Latest purchase price and purchase year or, if the vessel was not acquired by purchase, a declaration of value and year of declaration. For the purposes of this section, purchase price or declared value includes the vessel, vessel motor, or engine, and all other equipment and accessories, excluding a boat trailer, purchased or acquired in a single transaction;

(q) United States Coast Guard document number, if applicable.

(3) Upon original application for certificate of ownership/registration of a homemade vessel, the owner shall complete and sign a declaration of value form. The owner's signature shall be notarized/certified in accordance with WAC 308-93-470.

[Statutory Authority: RCW 46.01.110, 88.02.100, 46.10.040, 46.12.030, 46.16.040, 88.02.050 and 88.02.070. 96-04-004, § 308-93-070, filed 1/25/96, effective 2/25/96; 95-13-058, § 308-93-070, filed 6/19/95, effective 7/20/95. Statutory Authority: RCW 88.02.070 and [88.02].100. 93-14-082, § 308-93-070, filed 6/30/93, effective 7/31/93; 92-24-035, § 308-93-070, filed 11/25/92, effective 12/26/92. Statutory Authority: RCW 88.02.100 and 1991 c 339 § § 30 and 31. 92-03-075, § 308-93-070, filed 1/14/92, effective 2/14/92. Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), § 308-93-070, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-13-086 (Order TL-RG-2), § 308-93-070, filed 6/21/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-070, filed 11/18/83.]

AMENDATORY SECTION (Amending WSR 92-24-035, filed 11/25/92, effective 12/26/92)

WAC 308-93-071  Class "A" and Class "B" ((titles)) certificate of ownership. From June 30, 1985, through June 30, 1990, there were two classes of vessel ((titles)) certificate of ownership: Class "A" and Class "B."

Effective July 1, 1990, the "A" and "B" classifications of vessel ((titles)) certificate of ownership were discontinued. All vessel ((titles)) certificate of ownership, regardless of any classification previously assigned are considered to be exclusive evidence of ownership unless a person can provide sufficient evidence the certificate of ((title)) ownership was issued in error or is invalid for some other reason.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 92-24-035, § 308-93-071, filed 11/25/92, effective 12/26/92. Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), § 308-93-071, filed 11/19/85.]

AMENDATORY SECTION (Amending Order TL/RG 25, filed 5/7/86)

WAC 308-93-073  New vessels. Application for certificate of ((title)) ownership to a ((new)) vessel never before licensed or titled ((or sold by an in-state or out-of-state dealer or manufacturer must)) shall be accompanied by a manufacturer's statement of origin, carpenter's certificate, or a copy of the factory invoice.

((If the date of sale shown on the manufacturer's statement of origin, carpenters certificate, or factory invoice was prior to July 1, 1985, a UCC search with appropriate releases must also accompany the application.))

(1) The manufacturer's statement of origin, carpenter's certificate, or factory invoice must reflect the model year, make, length and hull identification number of the vessel.

(((1) No)) (2) The department shall not accept any manufacturer's statement of origin, carpenter's certificate, or factory invoice ((can be accepted)) for the issuance of a ((title)) certificate of ownership unless all persons named((, including dealers,)) on the manufacturer's statement of origin, including dealers, have released or assigned their interest thereon, or on a ((department)) release of interest form approved by the department.

(((2))) (3) Dealer to dealer transfers may be accomplished either by appropriate endorsement of the manufacturer's statement of origin, carpenter's certificate, or factory invoice, or ((by a department)) release of interest form approved by the department. A complete chain of ownership ((must)) shall be reflected from the original dealer named on the manufacturer's statement of origin to the retail selling dealer making the application.

(((3))) (4) A copy of the factory invoice may be used in lieu of the manufacturer's statement of origin or carpenter's certificate only when such documents are not available and obtaining a replacement from the manufacturer would cause an undue amount of delay in titling the vessel. ((An affidavit of fact describing why the statement of origin or carpenters certificate is not available must be attached to the photocopy of the factory invoice.)) A certificate of fact describing why the statement of origin or carpenter's certificate is not available shall be accompanied by the photocopy of the factory invoice and any necessary releases of interest on a form approved by the department.

[Statutory Authority: RCW 88.02.030, 88.02.070, 88.02.120, 88.02.130, 88.02.140, 88.02.150 and 88.02.100. 86-10-068 (Order TL/RG 25), § 308-93-073, filed 5/7/86.]

AMENDATORY SECTION (Amending Order TL/RG 25, filed 5/7/86)

WAC 308-93-078  Temporary ((permits)) use of an unregistered vessel. ((A notarized bill of sale reflecting the name and address of the purchaser, the model year, make, and hull identification number of the vessel, and the date of sale, may be used as a temporary permit in lieu of the registration certificate for a period not to exceed 15 days from the date of sale reflected on the bill of sale. The notarized bill of sale must be carried on the vessel.)) A purchaser of an unregistered vessel may operate the vessel on Washington waters for fifteen consecutive days from the date of purchase using the notarized bill of sale in lieu of a registration certificate. The notarized bill of sale shall be carried on the vessel and contain:

(1) The name and address of the purchaser;

(2) The model year, make, and hull identification number of the vessel;

(3) The date of sale; and

(4) The name, address and signature of the seller.

[Statutory Authority: RCW 88.02.030, 88.02.070, 88.02.120, 88.02.130, 88.02.140, 88.02.150 and 88.02.100. 86-10-068 (Order TL/RG 25), § 308-93-078, filed 5/7/86.]

AMENDATORY SECTION (Amending WSR 92-24-035, filed 11/25/92, effective 12/26/92)

WAC 308-93-285  Vessel length measurement. (1) The length of a vessel first provided by the owner on application for certificate of ownership ((may not be changed without verification of remeasurement, except when incorrectly entered by the department. The vessel length measurement provided by the owner)) shall be rounded down to the nearest whole foot.

(((2) Any vessel owner may request the vessel length measurement to be modified by making application for a new certificate of ownership reflecting a new measurement. The application must include a written verification of the new measurement by:

(a) A copy of the vessel's MSO or other document from the vessel manufacturer providing length measurement specifications for that model vessel; or

(b) An official measurement provided on a letterhead document from a law enforcement agency, a port agency, or from the United States Coast Guard and verified with a signature of a representative of that agency.)) Vessel measurement shall be from the tip of the bow to the stern of the vessel down the centerline but not including boomkins, swim ladders, outboard engines, or other extremities.

(2) Changing the recorded vessel length, except when incorrectly entered by the department requires:

(a) Verification of remeasurement on official letterhead document including the vessel description and signed by a representative of:

(i) A law enforcement agency; or

(ii) A port agency; or

(iii) The United States Coast Guard; or

(iv) Authorized representatives of the department.

(b) Documentation from the vessel manufacturer providing the correct length for that model vessel.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 92-24-035, § 308-93-285, filed 11/25/92, effective 12/26/92.]

AMENDATORY SECTION (Amending Order TL-RG-2, filed 6/21/84)

WAC 308-93-350  ((Incorrect endorsements or)) Erasures and alterations and incorrect information. (1) ((If a certificate of title or application has been signed in error, a line must be drawn through the erroneous signature. An affidavit must be attached to explain when, why and by whom the signature was stricken. A release of interest is required from the person signing in error unless that person has signed the affidavit.

(2) If an erasure has been made on a certificate of title or application, an affidavit must be attached. The affidavit must state why and by whom the erasure was made. A release of interest must be signed by the one whose name was erased if the identity of the person can be determined.

(3) A name erroneously shown on the title as the purchaser must have either a release of interest from the erroneously named purchaser or a statement by the owner of record that the sale was not completed.)) The department may refuse to accept any certificate of ownership when ownership or vessel information has been altered. A replacement ownership document may be required.

(2) The department may require an affidavit explaining any erasure or alteration on the application, certificate of ownership, or any supporting documentation.

(3) The department may require a notarized/certified release of interest when:

(a) A signature or name that has been altered or erased appears on an application; or

(b) A security interest is named to be shown on the new certificate of ownership and the applicant claims there is no lien; or

(c) A security interest is shown incorrectly or is altered on the application for certificate of ownership. In lieu of a release of interest, Washington licensed vessel dealers may attach an affidavit explaining the error in the security interest.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 84-13-086 (Order TL-RG-2), § 308-93-350, filed 6/21/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-350, filed 11/18/83.]

AMENDATORY SECTION (Amending Order TL-RG-19, filed 11/19/85)

WAC 308-93-360  Application for ((title)) certificate of ownership required. An application for certificate of ((title)) ownership is required when:

(1) ((Whenever the ownership of a vessel changes;

(2) When there is a legal change of name of the registered or legal owner of a vessel;

(3) When there is a change of name of a business entity owning a vessel;

(4) When a proprietorship or partnership forms a corporation whether or not a business name is changed;

(5) When a proprietorship or partnership purchases a corporation which will no longer be operated as a corporation whether or not the business name is changed;

(6) Whenever there is no outstanding secured obligation and no commitment to make advances and incur obligations or otherwise give value in the case of reissue applications;

(7) Whenever the hull identification number is changed;

(8) Whenever a second legal owner is to be added to the certificate of title. The application shall show the address of only the first named legal owner;

(9) Whenever a vessel is to be registered for the first time as required by chapter 88.02 RCW, except for a vessel having a valid marine document as a vessel of the United States.)) A person purchases a new vessel unless otherwise exempt from chapter 88.02 RCW.

(2) There is a change of ownership due to:

(a) Sale;

(b) Gift;

(c) Inheritance;

(d) Trade;

(e) Addition or deletion of an owner;

(f) Proprietorship or partnership forming a corporation, whether or not the business name is changing; or

(g) Proprietorship or partnership purchasing a corporation which will no longer be operated as a corporation, whether or not the business name is changed.

(3) There is a name change of:

(a) The owner;

(b) The secured party; or

(c) A business entity as shown on the current certificate of ownership.

(4) There is no change in the owner of the vessel but the certificate of ownership needs to be reissued because:

(a) A lien has been satisfied and the lien holder's name needs to be removed;

(b) A lien holder's name needs to be added. If a secondary lien holder is being added, the address of only the primary lien holder will be recorded;

(c) There is a change of lien holders;

(d) There has been a structural change in the vessel that changes the physical description of the vessel on the current certificate of ownership; or

(e) The vessel hull identification number has been altered, or removed, or needs to be corrected on the vessel or on the certificate of ownership.

[Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), § 308-93-360, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-13-086 (Order TL-RG-2), § 308-93-360, filed 6/21/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-360, filed 11/18/83.]

AMENDATORY SECTION (Amending Order TL-RG-19, filed 11/19/85)

WAC 308-93-620  Hull identification number required. ((No person shall operate a boat on the waters of this state for which registration and titling is required unless such boat has a hull identification number or application for such number has been made. Hull identification numbers must be clearly imprinted, or otherwise permanently affixed to the outboard side of the transom, or if there is no transom, to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism above the waterline of the boat in such a way that alteration, removal or replacement would be obvious or evident. No)) (1) A person shall not operate a vessel on the waters of this state for which registration or titling is required unless the vessel has a hull identification number.

(2) The department may assign an appropriate hull identification number to a vessel when there is no hull identification number on the vessel. A hull identification number shall be clearly imprinted, or otherwise permanently affixed above the waterline of the vessel in such a way that alteration, removable or replacement would be obvious or evident. The hull identification number minimum height shall be 1/4 of an inch and shall be placed on:

(a) The outboard side of the transom; or

(b) The outermost starboard side at the end of the hull that bears the rudder or other steering mechanism, if there is no transom.

(3) A person, firm, association or corporation shall not destroy, remove, alter, cover, or deface the hull identification number.

[Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), § 308-93-620, filed 11/19/85. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-620, filed 11/18/83.]

AMENDATORY SECTION (Amending Order TL-RG 8, filed 9/13/84)

WAC 308-93-640  Reciprocity. (1) A vessel owned by a resident of another state which is already covered by a number in full force and effect issued to it pursuant to federal laws or a numbering system of such state shall be exempt from registration requirements for a period of sixty days in any twelve-month period but only to the extent a similar reciprocity is granted for vessels registered in the state of Washington. However, on or before the sixty-first day of use in this state, the owner of a foreign vessel shall obtain a two-month vessel identification document issued by the department, its agents or subagents in accordance with WAC 308-93-055.

(2) When a vessel is removed to the state of Washington as a new state of principal use, Washington shall recognize the validity of a number awarded by any other issuing authority for a period of at least sixty days before requiring numbering in this state.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 84-19-026 (Order TL-RG 8), § 308-93-640, filed 9/13/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-640, filed 11/18/83.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 308-93-074 Application for titles--Commercial fishing vessels.

WAC 308-93-075 Inspection of certificate.

WAC 308-93-080 Registration certificate.

WAC 308-93-085 Contents of a certificate of registration.

WAC 308-93-300 Original applications--Renewals--Fees--Preissuance, when.

WAC 308-93-330 Certificate of title--Application.

WAC 308-93-420 Special mailing.

WAC 308-93-630 Assignment of hull identification number.