WSR 99-21-098

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed October 20, 1999, 11:09 a.m. ]

Date of Adoption: October 16, 1999.

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

Citation of Existing Rules Affected by this Order: Amending WAC 308-56A-150 Certificate of vehicle inspection.

Statutory Authority for Adoption: RCW 46.01.110.

Other Authority: RCW 46.12.040, 46.16.216.

Adopted under notice filed as WSR 99-17-030 on August 11, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

October 18, 1999

Fred Stephens

Director

OTS-3286.2


NEW SECTION
WAC 308-56A-056
Names separated by the words "and," "or," or the slash symbol "/."

(1) Does the department use the words "and," "or," or the slash symbol "/" when recording multiple interests on a certificate of ownership? The department has not used these designations since 1974 when recording ownership interest. For those certificates of ownership which may have been issued using one of these designations, any registered owners so shown are considered to have equal registered owner interest in the vehicle and any lien holder so shown is considered to have equal security interest in the vehicle.

(2) Will the department use the words "and," "or," or the slash symbol "/" if another jurisdiction has recorded multiple interests on the foreign certificate of ownership using one of these designations? The department does not use these designations when recording ownership interest. The department will list the names without the above designations.

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

WAC 308-56A-150
Certificate of vehicle inspection.

(((1) An application for certificate of ownership must be accompanied by a certificate of inspection signed by an authorized inspector and must include the applicable statutory inspection fee whenever the applicant's vehicle is:

(a) From a state, jurisdiction or province other than Washington;

(b) Reported destroyed since the last certificate of ownership was issued;

(c) A homemade, assembled, or rebuilt vehicle not previously titled as such;

(d) One whose identification number has been removed, defaced, altered, destroyed, or has become illegible or is missing;

(e) One with a structural change in, or modification of, body or frame changing the class designation or body type currently shown on the record;

(f) A used vehicle and no Washington record can be found;

(g) A kit vehicle not previously titled as such; or

(h) A street rod not previously titled as such.

(2) No fee will be charged when a vehicle has been referred for inspection for any other reason; provided that the request for inspection shall have been made by a commissioned law enforcement officer, an employee of the department of licensing, or a vehicle license agent.

(3) Inspections will normally be accomplished by the Washington state patrol.

(4) The director may designate other competent inspecting agencies to perform inspections required under subsection (1)(a) of this section if the vehicle is located in a foreign state or province and the requirement for inspection by the Washington state patrol will cause undue hardship.

(5) When the inspection is done by the Washington state patrol, the certificate of inspection will be valid for the following periods of time after the inspection date:

(a) Vehicles from a state or province other than Washington: Sixty days;

(b) Vehicles reported destroyed: Ten days;

(c) Homemade, assembled, rebuilt vehicles, street rods, and kit vehicles: Ten days;

(d) Vehicles with identification number removed, defaced, altered, destroyed, illegible or missing: Ten days;

(e) Vehicles with structural change in, or modification of, body or frame changing the class designation or body type: Ten days;

(f) Used vehicles with no Washington record: Sixty days;

(g) Vehicles required to be inspected under subsection (1)(a) through (h) of this section and held for sale by a licensed dealer: One year; and

(h) Vehicles referred for inspection for any reason not listed above: Ten days.)) (1) When is a certificate of vehicle inspection required? A certificate of vehicle inspection, signed by an authorized inspector, must accompany the application for certificate of ownership and include the applicable statutory inspection fee whenever the applicant's vehicle is:

(a) From a state, jurisdiction or province other than Washington;

(b) Reported destroyed since the last certificate of ownership was issued;

(c) A homemade, assembled, or rebuilt vehicle not previously titled as such;

(d) One whose identification number needs verification has been removed, defaced, altered, destroyed, or has become illegible or is missing;

(e) One with a structural change in, or modification of, body or frame changing the class designation or body type currently shown on the record;

(f) A used vehicle and no Washington record can be found;

(g) A kit vehicle not previously titled as such;

(h) A street rod not previously titled as such;

(i) A glider kit not previously titled as such; or

(j) Questionable as to ownership.

(2) Is a fee always charged for a certificate of vehicle inspection? No, a fee may be charged when a vehicle has been referred for inspection for any reason other than subsection (1) of this section; and a fee may also be charged if the request for inspection is made by a commissioned law enforcement officer, an employee of the department of licensing, a vehicle license agent or other competent inspecting agency designated by the director.

(3) Who is authorized to perform a vehicle inspection? Vehicle inspections may be performed by:

(a) The Washington state patrol;

(b) Other competent inspecting agencies designated by the director if the vehicle is located in a foreign state or province and the requirement for inspection by the Washington state patrol will cause undue hardship.

(4) How long is a vehicle certificate of inspection valid? The vehicle certificate of inspection is valid for the following periods of time after the inspection date:

(a) Thirty days for vehicles:

(i) Reported destroyed;

(ii) Homemade, assembled, rebuilt, street rods, kit vehicles and glider kits;

(iii) If the identification number needs verification, has been removed, defaced, altered, destroyed, illegible or missing;

(iv) With structural change in, or modification of, body or frame changing the class designation or body type;

(v) Referred for inspection for any reason not listed.

(b) Sixty days for vehicles:

(i) From a foreign jurisdiction;

(ii) With no Washington record or no manufacture statement of origin/manufacture certificate of origin.

(c) One year for vehicles required to be inspected under subsection (1)(a) through (i) of this section and held for sale by a licensed dealer.

[Statutory Authority: RCW 46.01.110.  97-07-014, 308-56A-150, filed 3/11/97, effective 4/11/97.  Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216.  91-04-024, 308-56A-150, filed 1/29/91, effective 3/1/91.  Statutory Authority: RCW 46.01.110.  85-06-011 (Order TL/RG 11), 308-56A-150, filed 2/22/85; Order MV 208, 308-56A-150, filed 7/31/74.]

Washington State Code Reviser's Office