WSR 99-12-031

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed May 25, 1999, 4:01 p.m. ]

Date of Adoption: May 22, 1999.

Purpose: Meet criteria supporting Governor Locke's Executive Order 97-02.

Citation of Existing Rules Affected by this Order: Repealing WAC 308-56A-145 Special mailing and 308-56A-205 Release of interest; and amending WAC 308-56A-140 Department temporary permit, 308-56A-160 Model year--How determined, 308-56A-200 Lost title, and 308-56A-215 Erasures and alterations and incorrect information.

Statutory Authority for Adoption: RCW 46.01.110, 46.12.040, 46.16.216.

Adopted under notice filed as WSR 99-07-016 on March 9, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 6, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 6, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

May 25, 1999

Fred Stephens

Director

OTS-2894.2


AMENDATORY SECTION(Amending WSR 93-14-084, filed 6/30/93, effective 7/31/93)

WAC 308-56A-140
((Departmental)) Department temporary permit.

((When proper vehicle ownership documentation is not immediately available, the department may, at its option, issue a temporary permit.  Department temporary permits are valid for no longer than sixty days and authorize operation of the vehicle upon the roadways of this state.  Temporary permits are available at all vehicle licensing offices.

Application for a temporary permit shall be on forms provided by the department and must be completed in accordance with the instructions issued by the department.  The temporary permit fee and all title and licensing fees, except any fee for license plates, must be paid at the time the temporary permit is issued.

The license plate fee will be collected when the license plates are issued.  If license fees are being paid monthly in accordance with RCW 46.16.135, the license fees paid must be for at least the entire term of the temporary permit being issued.

The hard copy of the temporary permit must be displayed according to instructions on the permit and the signed registration must be carried in the vehicle or the towing vehicle.)) (1) What is a department temporary permit? A department temporary permit is a permit issued in lieu of registration and license plates when:

(a) The vehicle is not sold by a licensed Washington dealer;

(b) The vehicle is not currently licensed in Washington; and

(c) Proper vehicle documentation is not available but is likely to be available within sixty days.

(2) If I am unable to obtain proper documentation within sixty days, what options are available to me? When documents are not expected to be received within sixty days, you may choose to:

(a) Not obtain the department temporary permit and wait to register until all documents are received to register your vehicle; or

(b) Obtain the department temporary permit and if you do not receive the documentation within sixty days, you will be unable to use the vehicle after the department temporary permit expires.

(3) Where do I obtain a department temporary permit? Department temporary permits are available at all Washington vehicle license agencies.

(4) What fees are required to be paid when applying for a department temporary permit? In addition to other fees prescribed by law, the department temporary permit fee, title application fee, inspection fees and licensing fees must be paid at the time the department temporary permit is issued.

(5) How do I display the department temporary permit? The hard copy of the department temporary permit must be displayed according to instructions on the permit and the signed registration must be carried in the vehicle or the towing vehicle.

(6) How many months of gross weight must I purchase with a department temporary permit for my vehicle, which is eligible for monthly gross weight? If you have a vehicle that is eligible for monthly gross weight, you must purchase a minimum of two months gross weight license to correspond with the duration of the department temporary permit. You may receive credit as described in WAC 308-96A-220 for gross weight license already purchased.

(7) How do I obtain license plates and registration for my vehicle that has been issued a department temporary permit? You may obtain license plates and new registration for your vehicle that has been issued a department temporary permit by submitting the necessary documents and fees to any Washington vehicle license agency.

(8) What fees are required to be paid when clearing a department temporary permit? In addition to other fees as prescribed by law, the title application fee and license plate fees must be paid at the time the temporary permit is cleared.

(9) How do I obtain a replacement vehicle title application/registration certificate portion of the department temporary permit, if the original is not available? If the department temporary permit was issued at a vehicle licensing agency/subagency:

(a) You may obtain a photocopy of the certificate portion of the department temporary permit only at the county's auditor/agent office in the same county you obtained the original department temporary permit.

(b) If the department temporary permit was issued at a department-staffed vehicle licensing office, you must obtain a replacement from that office. You must provide the vehicle identification number or the department temporary permit number. The replacement department temporary permit will retain the same expiration date as the original.

(10) How do I obtain a replacement for the department temporary permit placard which is displayed in the vehicle window? You may obtain a replacement department temporary permit placard at any vehicle services office. You must provide the vehicle title application/registration certificate, VIN, or the department temporary permit number.

(11) How do I obtain a replacement department permit if both the application/registration certificate and the display placard are lost, stolen, or destroyed? You may obtain a photocopy of the vehicle title application/registration certificate portion of the department temporary permit only at the issuing county's auditor/agent office. If the department temporary permit was issued at a department-staffed vehicle licensing office, you must obtain a replacement from that office. You must provide the vehicle identification number or the department temporary permit number. The replacement department temporary permit placard may also be obtained at these locations.

[Statutory Authority: RCW 46.01.110.  93-14-084, 308-56A-140, filed 6/30/93, effective 7/31/93.  Statutory Authority: RCW 46.01.110, 46.12.151 and 46.12.050.  92-03-077, 308-56A-140, filed 1/14/92, effective 2/14/92; Order MV 208, 308-56A-140, filed 7/31/74.]


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

WAC 308-56A-160
Model year--How determined.

((Model year is the year used to designate a discrete vehicle model irrespective of the calendar year in which the vehicle was actually produced so long as the actual production period is less than two years.

(1) The model year for a vehicle, including kit vehicles defined in RCW 46.04.251, is the model year assigned by the manufacturer.  The manufacturer shall adopt a standard for assigning model year based on either the date of manufacture or features of the vehicle.  The standard must be such that all vehicles assigned a model year which are manufactured on the same date with the same features are assigned the same model year.  The model year shall be designated on the manufacturer's certificate of origin (MCO) or similar documents provided by the completing vehicle manufacturer.  The model year of a kit vehicle shall not be the model year of the vehicle the kit replicates.

(2) Manufacturers of chassis or incomplete vehicles sold to motor home or recreational vehicle manufacturers who issue separate MCOs need not assign model year to these vehicles.  The final stage manufacturer of these vehicles shall assign the model years as provided in subsection (1) of this section.  In the event a model year is assigned by both the incomplete vehicle manufacturer and the completing manufacturer, the completing manufacturer assigned model year shall be used on the certificates of ownership and registration.

(3) In the event an original manufacturer has not assigned a model year or the vehicle is rebuilt, home made, street rod assembled, or is a kit vehicle, the Washington state patrol or other person authorized by the director to make vehicle inspections will use the following criteria to establish the model year:

(a) The model year for a homemade vehicle will be the year of inspection for the purpose of making an application for certificate of ownership.

(b) When possible, the model year will be determined from the vehicle identification number (VIN).  When the VIN does not identify the production date, corresponding production records of the original manufacturer shall be used.

(c) The model year for assembled vehicles will be determined by the Washington state patrol based on the date of manufacture of the vehicle which the vehicle most closely resembles.

(4) For purposes of this section the following terms shall have the meanings indicated:

(a) "Manufacturer" means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused vehicles or remanufactures vehicles.  Manufacture shall include the assembling, altering, or converting of a vehicle to the extent the vehicle qualifies for a change in the series and body type appearing on its title, MCO or similar document.

(b) "Incomplete vehicle" means an assemblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operation, other than the additions of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

(c) "Model" means a name which a manufacturer applies to a family of vehicles of the same type, make, line, series, and body type.

(d) "Assembled and homemade vehicles" have the meaning provided in WAC 308-56A-455.)) (1) How is a model year assigned to a vehicle? The model year for a vehicle, as defined in RCW 46.04.251 is the model year assigned by the manufacturer.

(2) Are there standards for assigning model years that manufacturers must follow? Manufacturers shall adopt standards for assigning model years based on either the date of manufacture or features of the vehicle. The standards shall be such that all vehicles assigned a model year that are manufactured in the same year with the same features are assigned the same model year. Manufacturers shall designate the model year on the manufacturer's certificate of origin (MCO) or similar documents.

(3) How are model years assigned to vehicles that are incomplete, such as certain recreational vehicles? Manufacturers of chassis or incomplete vehicles sold to motor home or recreational vehicle manufacturers who issue separate MCOs need not assign model year to these vehicles. The final stage manufacturer of these vehicles shall assign the model year as provided in subsection (2) of this section. In the event a model year is assigned by both the incomplete vehicle manufacturer and the completing manufacturer, the completing manufacturer assigned model year shall be used on the certificates of ownership and registration.

(4) How will a model year be assigned to my vehicle if the manufacturer did not assign one? If an original manufacturer has not assigned a model year, or your vehicle is rebuilt, homemade, is a street rod, assembled or is a kit vehicle, the Washington state patrol or other person authorized by the director to make vehicle inspections shall use the following criteria to establish the model year:

(a) The model year for a homemade vehicle will be the year of inspection for the purpose of making an application for certificate of ownership.

(b) When possible, the model year will be determined from the vehicle identification number (VIN). When the VIN does not identify the production date, corresponding production records of the original manufacturer shall be used.

(c) The model year for assembled vehicles will be determined by the Washington state patrol based on the date of manufacture of the vehicle which the vehicle most closely resembles.

(d) The model year of a kit vehicle as defined in RCW 46.04.251 shall not be the model year of the vehicle the kit replicates.

(5) For purposes of this section the following terms shall have the meanings indicated:

(a) "Manufacturer" means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused vehicles or remanufactured vehicles. Manufacture shall include the assembling, altering, or converting of a vehicle to the extent the vehicle qualifies for a change in the series and body type appearing on its title, MCO or similar documents.

(b) "Incomplete vehicle" means an assemblage consisting of, as a minimum:

(i) Frame and chassis structure;

(ii) Power train;

(iii) Steering system;

(iv) Suspension system; and

(v) Braking system.

To the extent that those systems are to be part of the completed vehicle that requires further manufacturing operation; other than the additions of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

(c) "Model" means a name which a manufacturer applies to a family of vehicles of the same type, make, line, series, and body type.

(d) "Assembled and homemade vehicles" have the meaning provided in WAC 308-56A-455.

[Statutory Authority: RCW 46.01.110.  97-07-014, 308-56A-160, filed 3/11/97, effective 4/11/97.  Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW.  94-17-044, 308-56A-160, filed 8/10/94, effective 9/10/94.  Statutory Authority: RCW 46.01.110.  93-14-084, 308-56A-160, filed 6/30/93, effective 7/31/93.]


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

WAC 308-56A-200
((Lost title.)) Replacement Washington certificate of ownership.

((If the last issued certificate of title has been lost or destroyed:

(1) An application for a duplicate certificate of title must be accompanied by an affidavit of loss or destruction in a form approved by the department and signed by the legal owner.

(2) An application for transfer or reissue of title may be accepted if accompanied by

(a) An affidavit of loss or destruction in a form approved by the department signed by the legal owner of record; and

(b) A proper release of interest.

(3) And the title is from a foreign state or jurisdiction,

(a) The owner of record in that foreign state must apply for a duplicate title from the state issuing the certificate of title or registration and that duplicate certificate must be attached to the application for a Washington certificate of title.

(b) If undue hardship would result from the necessity of obtaining a duplicate certificate, a letter verifying the ownership of the vehicle from the issuing state will be accepted in lieu of a foreign certificate if that letter of verification is no more than 30 days old.

(c) If the foreign certificate or letter of verification shows a person other than the person making the application for Washington certificate of title, the person or persons shown must release his/her or their interest either by endorsement on the certificate or on a release of interest form.)) (1) What is a replacement certificate of ownership? A replacement certificate of ownership replaces certificates of ownership that are:

(a) Lost;

(b) Mutilated;

(c) Stolen; or

(d) Destroyed.

(2) What documents and information do I need to provide to the department to obtain a replacement certificate of ownership? You need to provide an explanation of the disposition of the certificate of ownership that you are replacing and a vehicle description to include, but not limited to, the model year, make, and vehicle identification number or the Washington license plate number. This information may be presented to the department on a notarized or certified:

(a) Approved affidavit of loss form, letter of request from the owner of record; or

(b) Affidavit in lieu of title.

(3) Who needs to sign the request for a replacement certificate of ownership? All legal owners shown on department records shall sign the request for the replacement certificate of ownership. Their signatures must be certified or notarized in accordance with WAC 308-56A-275.

(4) What do I do if I find my certificate of ownership after I receive a replacement? Once a replacement certificate of ownership is issued, any previously issued certificate of ownership is void and, if found, must be destroyed.

[Order MV 208, 308-56A-200, filed 7/31/74.]


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

WAC 308-56A-215
((Incorrect endorsements or)) Erasures and alterations and incorrect information.

(1) ((If a 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 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.

(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.)) Will the department accept a certificate of ownership application for certificate of ownership or supporting documents if it has been altered? The department may refuse to accept any certificate of ownership when ownership or vehicle information has been altered. A replacement ownership document may be required.

(2) What does the department require when a certificate of ownership, an application for certificate of ownership or supporting documents has been altered?

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

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

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

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

(iii) 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 vehicle dealers may attach an affidavit explaining the error in the security interest.

(c) If an erasure has been made on a title, an affidavit must be attached. The affidavit must state why and by whom the erasure was made. The one whose name was erased must sign a release of interest.

(d) 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.

[Order MV 208, 308-56A-215, filed 7/31/74.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 308-56A-145Special mailing.
WAC 308-56A-205Release of interest.

Washington State Code Reviser's Office