WSR 99-23-010

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed November 5, 1999, 10:26 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-18-128.

Title of Rule: Chapter 308-96A WAC, Vehicle licenses procedures for reporting and collecting parking ticket violations.

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

2. To clarify rules and help make them more comprehensible.

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

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

Summary: Amending WAC 308-96A-345 Definitions, 308-96A-350 Outstanding parking violations -- Information to be supplied by issuing jurisdiction, 308-96A-355 Satisfaction of parking violations -- Information to be supplied by issuing jurisdiction, 308-96A-365 Reinstatement of parking violation; and repealing WAC 308-96A-360 Return of unacceptable notification to jurisdiction, 308-96A-370 Removal of parking ticket information from active file, 308-96A-375 Parking violation list, and 308-96A-380 Effect of one hundred twenty-day notice on license renewal.

Name of Agency Personnel Responsible for Drafting and Implementation: Patrick J. Zlateff, 1125 Washington Street S.E., Olympia, 902-3718; and Enforcement: Deborah McCurley, 1125 Washington Street S.E., Olympia, 902-3754.

Name of Proponent:

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 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.

RCW 34.05.328 does not apply to this rule adoption. The contents of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room, 1125 Washington Street S.E., Olympia, WA 98507, on December 29, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by December 28, 1999, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick J. Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by December 28, 1999.

Date of Intended Adoption: January 15, 2000.

November 5, 1999

D. McCurley

Administrator

Title and Registration Services

OTS-3568.1


AMENDATORY SECTION(Amending WSR 91-04-024, filed 1/29/91, effective 3/1/91)

WAC 308-96A-345
Definitions.

What are the common definitions needed to understand parking violations? For the purposes of this chapter ((46.16 RCW)) the following definitions apply:

(1) "Jurisdiction" shall mean any district, municipal, justice ((and/or)), superior court, or other authorized representative.

(2) "NCIC (ORI) number" means the numeric code assigned by the National Crime Information Center (originator) to identify a jurisdiction.

(3) "Department" shall mean the department of licensing.

(4) "Parking violation list" shall mean a computerized listing containing all outstanding parking violations which have been processed by the department and which must be satisfied prior to ((renewal of license)) renewing your vehicle registration.

(5) "Agent" shall mean any county auditor, or other individual or business entity appointed to carry out vehicle licensing and titling functions for the department.

(6) "Unprocessed" shall mean no update of the computer record has occurred.

(7) "Jurisdiction seal" shall mean method of verifying authenticity of court documents, which is provided by the jurisdiction that issued the citation. A jurisdiction seal is an embossed seal or stamp provided by the jurisdiction.

(8) "Municipality" means every court having jurisdiction over offenses committed under RCW 46.20.270.

(9) "Local agencies" shall include district, municipal, justice and/or superior courts, and other local reporting agencies.

(10) "One hundred twenty-day notice" shall mean a warning notice of those violations received by the department one hundred twenty days prior to the ((license)) registration renewal date.  ((The notice will list the dates and jurisdictions in which the violations occurred, unpaid fines, penalties, and a fifteen dollar surcharge.))

(11) "Disposition" shall mean the requested action as determined by the jurisdiction to add failure-to-pay parking violations, or to remove paid parking violations from a vehicle record.

(12) "Parking violation" shall mean any standing, stopping, or parking violation per RCW 46.20.270(3).

[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216.  91-04-024, 308-96A-345, filed 1/29/91, effective 3/1/91.  Statutory Authority: RCW 46.01.110.  84-17-074 (Order TL-RG 7), 308-96A-345, filed 8/15/84.]


AMENDATORY SECTION(Amending WSR 91-04-024, filed 1/29/91, effective 3/1/91)

WAC 308-96A-350
Outstanding parking ((tickets)) violations -- Information to be supplied by issuing jurisdiction.

((In order to submit notification of outstanding parking tickets, a jurisdiction must provide the following:

(1) Jurisdiction name,

(2) NCIC number (ORI),

(3) Parking ticket number,

(4) Date parking ticket was issued,

(5) Vehicle license plate number, and

(6) Fine and penalty amount,

(7) Jurisdiction seal,

(8) Signature and date when required on form.

Such information must be provided on a form issued by the department, or on a computer listing sheet, or magnetic tape generated in accordance with department instructions.

Provided that an original report against a vehicle record must contain a minimum of two outstanding violations from one jurisdiction.  Subsequent reports against that vehicle by that same jurisdiction may be for a single violation unless such vehicle record indicates all existing tickets have been paid and no further tickets have been accrued in the thirteen months following said payment.  If thirteen months have elapsed, the jurisdiction must submit an original report containing a minimum of two violations.)) (1) How is the department notified of outstanding (unpaid) parking violations? The jurisdiction notifies the department of outstanding parking violations. The notice will include the following:

(a) Jurisdiction name.

(b) NCIC number (ORI).

(c) Parking violation number.

(d) Date parking violation was issued.

(e) Vehicle license plate number.

(f) Fine and penalty amount.

(g) Jurisdiction seal, except if filed electronically.

(h) Signature and date when required on form, except if filed electronically.

(2) When will the department accept parking violations for a vehicle data base record by a jurisdiction? An original report against a vehicle record must contain a minimum of two outstanding violations from one jurisdiction. Subsequent reports against that vehicle by that same jurisdiction may be for a single violation unless such vehicle record indicates all existing violations have been paid and no further violations have been accrued in the thirteen months following said payment. If thirteen months have elapsed, the jurisdiction must submit an original report containing a minimum of two violations.

(3) What methods do jurisdictions use to notify the department of parking violations? Such information must be provided in accordance with department instructions by:

(a) A form issued by the department;

(b) A computer listing sheet;

(c) Electronic format.

[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216.  91-04-024, 308-96A-350, filed 1/29/91, effective 3/1/91.  Statutory Authority: RCW 46.01.110.  84-17-074 (Order TL-RG 7), 308-96A-350, filed 8/15/84.]


AMENDATORY SECTION(Amending Order TL-RG 7, filed 8/15/84)

WAC 308-96A-355
Satisfaction of parking ((tickets)) violations -- Information to be supplied by issuing jurisdiction.

What happens when outstanding parking violations are satisfied? Upon satisfaction of ((fines and penalties)) parking violations previously reported as outstanding against a vehicle, the ((collecting)) issuing jurisdiction ((must)) shall:

(1) Furnish the registered owner with a proof of payment form as ((provided)) approved by the department, and

(2) Within ten days of ((such payment)) satisfaction, supply the department with the following information:

(a) Jurisdiction name,

(b) NCIC number (ORI),

(c) Parking ((ticket)) violation number,

(d) Date parking ((ticket)) violation was issued,

(e) Vehicle license plate number,

(f) Date of satisfaction,

(g) Jurisdiction seal, ((and)) except if filed electronically,

(h) Signature ((and date when required on form)) of court representative and date signed, except if filed electronically.

Such information must be provided on a form ((issued)) approved by the department ((or)) on a computer listing sheet or ((magnetic tape generated)) electronic format in accordance with department instructions.

[Statutory Authority: RCW 46.01.110.  84-17-074 (Order TL-RG 7), 308-96A-355, filed 8/15/84.]


AMENDATORY SECTION(Amending Order TL-RG 7, filed 8/15/84)

WAC 308-96A-365
Reinstatement of parking ((ticket)) violation.

(1) Can a parking violation be reinstated on a vehicle record after it has been reported by the jurisdiction as satisfied? A parking ((ticket)) violation previously reported as satisfied ((may)) shall be reinstated on the vehicle record for such reasons as((, but not limited to)):

(a) Jurisdiction reporting error;

(b) Dishonored check for payment of fines and penalties;

(c) Departmental error.

(2) How is a parking violation previously reported as satisfied, reinstated? The jurisdiction seeking reinstatement of a parking ((ticket)) violation must supply the department with the following information:

(a) Jurisdiction name,

(b) NCIC number (ORI),

(c) Parking ((ticket)) violation number,

(d) Date parking ((ticket)) violation was issued,

(e) Vehicle license plate number,

(f) Fine and penalty amount,

(g) Jurisdiction seal, except if filed electronically,

(h) Signature ((and date when required on form)) of court representative and date signed, except if filed electronically,

(i) Reason for reinstatement.

Such information must be on a form ((issued)) approved by the department ((or)) on a computer listing sheet or electronic format in accordance with department instructions.

[Statutory Authority: RCW 46.01.110.  84-17-074 (Order TL-RG 7), 308-96A-365, filed 8/15/84.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 308-96A-360 Return of unacceptable notification to jurisdiction.
WAC 308-96A-370 Removal of parking ticket information from active file.
WAC 308-96A-375 Parking violation list.
WAC 308-96A-380 Effect of one hundred twenty-day notice on license renewal.

Washington State Code Reviser's Office