WSR 00-20-064

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed October 3, 2000, 8:33 a.m. ]

Date of Adoption: October 3, 2000.

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

Citation of Existing Rules Affected by this Order: Repealing WAC 308-99-010, 308-99-021, 308-99-025, 308-99-030 and 308-99-050; and amending WAC 308-99-020 and 308-99-040.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 00-16-041 on July 26, 2000.

Changes Other than Editing from Proposed to Adopted Version: Clarify definition of resident in WAC 308-99-020.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 2, Repealed 5.

Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 2, Repealed 5; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 3, 2000

Fred Stephens

Director

OTS-3910.3


AMENDATORY SECTION(Amending Order TL/RG 37, filed 10/9/87)

WAC 308-99-020
Definitions.

(1) ((For the purposes of vehicle license registration, a resident is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Evidence of residency includes but is not limited to:

(a) Becoming a registered voter in this state; or

(b) Receiving benefits under one of the Washington public assistance programs; or

(c) Declaring that he or she is a resident for the purpose of obtaining a state license or tuition fees at resident rates.

(2) "Military personnel" means active members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned officers of the Public Health Service, and members of foreign military organizations assigned to this state on official duty.

(3) "Jurisdiction" means a state, territory, or possession of the United States, the District of Columbia, or a state or province of a country.)) What is a resident? For the purposes of this section, a resident is a natural person who lives or shows intent to live in this state on more than a temporary or transient basis.

You will be presumed a resident if you meet any of the following:

(a) Become a registered voter in this state; or

(b) Receiving benefits under one of the Washington public assistance programs; or

(c) Declaring that he or she is a resident for the purpose of obtaining a state license or tuition fees at resident rates.

A person may be a resident of this state even though the person has or claims residency or domicile in another state or intends to leave this state at some future time. A natural person will be presumed a resident if at least two of the following conditions are met:

(i) Maintains a residence in this state for personal use;

(ii) Has a Washington state driver license;

(iii) Uses a Washington state address for federal or state income tax purposes;

(iv) Previously maintained a residence in this state for personal use and has not established a permanent residence outside the state of Washington (e.g., person who retires and lives in a motor home or vessel which is not permanently attached to any property);

(v) Claims this state as residence for obtaining eligibility to hold a public office or for judicial actions;

(vi) Claims this state as a residence for obtaining Washington state hunting or fishing licenses;

(vii) Receives tuition fees at resident rates in this state, unless the nonresident tuition fee differential is waived as a result of a state to state reciprocity program authorized under chapter 28B.15 RCW (College and university fees); or

(viii) Is a custodial parent with a child attending public schools in this state.

The department may consider factors other than those listed in this subsection to determine that a person intends to be located in this state and thus be a resident of this state, but such factors do not alone raise a presumption of residency.

A corporation, trust or other entity created by a natural person who is a resident of Washington for the purpose of evading Washington vehicle registration shall be deemed a resident of Washington for vehicle registration purposes.

(2) What are "military personnel"? "Military personnel" means active duty members of the United States armed forces, commissioned officers of the public health service, personnel from National Oceanographic and Atmospheric Agency, and members of foreign military organizations assigned to this state on official duty. Coast guard personnel living in Washington and assigned to duty in the Portland area are also entitled to a nonresident military exemption.

(3) What is a "jurisdiction"? "Jurisdiction" means a state, territory, or possession of the United States, the District of Columbia, or a state or province of a country.

(4) What is "reciprocity"? "Reciprocity" means an agreement with another jurisdiction granting mutual benefits, privileges, or exemptions from payment of vehicle registration fees. Reciprocity will only be extended to vehicles that are properly registered in another jurisdiction.

(5) What is a "Washington public assistance program"? "Washington public assistance program" is defined in RCW 46.16.028.

[Statutory Authority: RCW 46.01.110, 46.16.276 and 46.85.060 as amended by 1987 c 142 4. 87-21-013 (Order TL/RG 37), 308-99-020, filed 10/9/87. Statutory Authority: RCW 46.85.060, 46.16.028 and 46.01.110. 86-14-016 (Order TL/RG 26), 308-99-020, filed 6/24/86. Statutory Authority: RCW 46.85.060. 85-20-080 (Order TL/RG 17), 308-99-020, filed 9/30/85. Statutory Authority: 1982 c 227 18 et seq. 83-19-009 (Order 729-DOL), 308-99-020, filed 9/9/83. Formerly WAC 410-20-020.]


AMENDATORY SECTION(Amending Order TL/RG 37, filed 10/9/87)

WAC 308-99-040
Restrictions and conditions.

Is a vehicle properly licensed or registered in another jurisdiction ((may)) able to be operated in Washington without further registration requirements ((subject to the following conditions and restrictions))? Yes, as provided in RCW 46.85.060 and 46.85.080 the following conditions and restrictions apply:

(1) ((Nonresident persons: Nonresident persons not employed in this state may operate a vehicle in this state that is currently licensed in another jurisdiction for a period not to exceed six months in any continuous twelve-month period.

(2))) Nonresident students: The student must be in full-time attendance at an institution of higher learning in Washington accredited by the Northwest Association of Schools and Colleges or at a private vocational school as that term is defined by RCW 28C.10.020(7) and maintain their legal home of record at a location outside the state of Washington. Students' vehicles must be registered in their name or the name of their parent or legal guardian in the resident state of record. The student must carry, in the vehicle, documentation issued by the institution ((in the vehicle which)) that readily establishes the nonresident status. Employment incidental to the full-time student status is permitted. The spouse of a nonresident student has the same licensing privilege as long as the vehicle is registered to the student or jointly to the student and spouse, regardless of the spouse's legal residence or employment.

(((3))) (2) Nonresident military personnel: Vehicles must be currently registered in the name of the military person at his/her official home of record. A vehicle licensed at the last duty station may be operated until expiration of the registration at which time it must be licensed in the home of record or in Washington. The spouse of a nonresident military person has the same licensing privilege as long as the vehicle is registered to the military person or jointly to the military person and spouse, regardless of the spouse's legal residence or employment.

(((4))) (3) Borrowed vehicle: A borrowed vehicle currently licensed in another jurisdiction may be operated by a Washington resident for a period not to exceed ten days in any one calendar year. If the period of use exceeds ten days the vehicle must be registered and licensed in Washington. This provision does not apply to business vehicles.

(((5) Nonresident employed in Washington: Nonresident persons employed in this state may operate vehicles not to exceed 12,000 pounds registered gross vehicle weight that are currently licensed in another jurisdiction if no permanent, temporary, or part-time residence is maintained in this state for a period greater than six months in any continuous twelve-month period.

(6) Business vehicle: A vehicle or a combination of vehicles, not exceeding a registered gross or combined gross vehicle weight of 12,000 pounds, which is properly base licensed in another jurisdiction and registered to a bona fide business in that jurisdiction is not required to obtain Washington vehicle license registration except when such vehicle is owned or operated by a business or branch office of a business located in Washington.))

[Statutory Authority: RCW 46.01.110, 46.16.276 and 46.85.060 as amended by 1987 c 142 4. 87-21-013 (Order TL/RG 37), 308-99-040, filed 10/9/87. Statutory Authority: RCW 46.01.110. 87-01-029 (Order 800-DOL), 308-99-040, filed 12/11/86. Statutory Authority: RCW 46.85.060. 86-02-056 (Order TL-RG-22), 308-99-040, filed 12/31/85; 85-20-080 (Order TL/RG 17), 308-99-040, filed 9/30/85. Statutory Authority: 1982 c 227 18 et seq. 83-19-009 (Order 729-DOL), 308-99-040, filed 9/9/83. Formerly WAC 410-20-040.]


NEW SECTION
WAC 308-99-060
Reciprocity for leased and rented vehicles.

If there is no agreement or arrangement to the contrary, are rental or leased vehicles eligible for vehicle license reciprocity in the state of Washington? No, except for the classes of vehicles and circumstances indicated below:

(1) Passenger cars and motorhomes currently and properly registered in another jurisdiction will be granted vehicle license reciprocity in this state if:

(a) The vehicle was rented by the vehicle operator from a location outside of the state of Washington;

(b) The vehicle was dropped off in Washington by the previous renter and is being rented for a one-way trip out of Washington; or

(c) The vehicle is registered under the provisions of Article XI, Section 1116 of the International Registration Plan.

(2) Trailers and semitrailers with a gross vehicle weight in excess of 6,000 pounds, trucks, truck tractors, tractors, and road tractors that are currently and properly registered in other jurisdictions will be granted vehicle license reciprocity in this state if:

(a) The vehicle is rented from a location within another jurisdiction; and

(b) The vehicle registration certificate (cab card) or a photo copy thereof and a copy of the rental agreement is carried in the rental vehicle or in the vehicle providing the motive power for a combination of vehicles.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 308-99-010 Applications.
WAC 308-99-021 "Washington public assistance programs" criteria.
WAC 308-99-025 Registration required.
WAC 308-99-030 Basic policy defined.
WAC 308-99-050 Commercial vehicle reciprocity.

Washington State Code Reviser's Office