Original Notice.

Preproposal statement of inquiry was filed as WSR 00-24-115.

Title of Rule: Chapter 308-94A WAC, General provisions for registration for vehicles.

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.

Statutory Authority for Adoption: RCW 46.01.110.

Summary: Amending WAC 308-94A-005 Certificate of ownership and registration, 308-94A-010 Annual off-road/nonhighway vehicle use permit, 308-94A-015 Off-road/nonhighway vehicle use permit (registration) not required -- When, 308-94A-020 Display of off-road/nonhighway vehicle use permit decals and validation tabs, 308-94A-025 Temporary off-road/nonhighway vehicle use permit application, and 308-94A-030 Off-road vehicle dealer plate -- Cost.

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

Name of Agency Personnel Responsible for Drafting: Katherine Iyall Vasquez, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, (360) 902-4045.

Name of Proponent: , governmental.

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 107, 1125 Washington Street S.E., Olympia, WA 98507, on May 9, 2001, at 10:30 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by May 8, 2001, TTY (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Katherine Iyall Vasquez, Rules Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by May 8, 2001.

Date of Intended Adoption: June 8, 2001.

March 30, 2001

Deborah McCurley, Administrator

Title and Registration Services

by Fran Lukes

OTS-4739.1

AMENDATORY SECTION(Amending WSR 99-24-013, filed 11/22/99, effective 12/23/99)

WAC 308-94A-005   Certificates of ownership and registration.   (1) May I apply for a certificate of ownership for my off-road/nonhighway vehicle? Yes, you may apply for a certificate of ownership at your ((local)) Washington vehicle licensing office or through the department. If the vehicle is not eligible for road use, the certificate of ownership will show not eligible for road use.

(2) Do I have to purchase registration ((at the time of)) when applying for certificate of ownership? No, if you choose not to purchase registration ((at the time of)) when titling((,)) your vehicle, the record will be established without a road or off-road/nonhighway vehicle registration.

(3) What are the different ways I may register my off-road/nonhighway vehicle? You may register your off-road/nonhighway vehicle in one of the following ways:

(a) ((You may purchase registration for off-road/nonhighway use if the manufacturer's statement of origin or certificate of ownership indicates the vehicle is not eligible for road use.)) If the manufacturer's statement of origin or certificate of ownership indicates the vehicle is not eligible for road use, you may only purchase an off-road use permit (registration);

(b) If your vehicle ((qualifies)) is eligible for road use((,)) under chapter 46.16 RCW you ((can)) may purchase registration for road use ((on the road as a motorcycle, passenger vehicle, truck, etc.)) off-road use or both; or

(c) If ((you are going to operate your vehicle where an off-road vehicle use permit or license is required, and)) your vehicle is not licensed for off-road use, ((then)) you may purchase a temporary off-road vehicle permit ((for sixty days or annual off-road vehicle use permit (registration) and license without invalidating your regular road license. You are required to carry registrations on your person or on the vehicle and display license plate(s) with validating tabs assigned to those plates, and the decals with assigned validating tabs on the vehicle. The registrations may or may not expire at the same time)).

(4) What information does the department require I apply for an off-road/nonhighway vehicle use permit? An application for an off-road/nonhighway vehicle use permit must include the following:

(a) Name and address of the applicant;

(b) Off-road or nonhighway vehicle plate or registration number if registered in another state;

(c) Make and year of vehicle;

(d) Expiration date of the foreign state registration;

(e) Vehicle identification number;

(f) Appropriate fees; and

(g) Signature of the registered owner(s).

(5) Where do I carry the temporary or annual off-road/nonhighway ((temporary or annual vehicle)) use permit? ((The off-road/nonhighway temporary or annual vehicle use permit must be carried on the vehicle on which it was assigned at all times.)) The permit may be carried by the operator ((on his or her person)) or in a moisture proof protective case attached to the vehicle. The use permit must be made available at all times for inspection by any person having the authority to enforce the provisions of the Off-Road and Nonhighway Vehicle Act.

(((5))) (6) May I operate my off-road/nonhighway vehicle using a temporary or annual vehicle use permit on any dirt or gravel road, or trail in Washington? It is recommended you check with local, state, or federal authorities in the areas you intend to operate to insure you are operating in accordance with their requirements.

[Statutory Authority: RCW 46.01.110. 99-24-013, 308-94A-005, filed 11/22/99, effective 12/23/99.]

(2) Under what circumstances will the registration expiration date be changed? The ((registration)) expiration date ((shall)) of the off-road use permit will change when:

(a) It has been expired for more than one year ((and there is no change in ownership));

(b) The registration is expired at the time ownership is transferred and the new owner ((applies for an off-road/nonhighway annual use permit)) renews the registration;

(c) The registered owner requests a change of registration expiration month. This can only be done at the time of renewal and requires the registered owner to purchase more than twelve months of registration, limited to the vehicle field system constraints and tab availability; or

(d) The vehicle has subsequently been registered in another jurisdiction and:

(i) No change in ownership has occurred; and

(ii) The off-road/nonhighway vehicle is being registered again in Washington; ((or)) and

(iii) The previous Washington registration has expired ((for more than one year)).

(3) Can I get a refund for ((my)) the unused portion of my off-road/nonhighway ((annual)) use permit (registration)? No, there is no refund for the unused portion.

[Statutory Authority: RCW 46.01.110. 99-24-013, 308-94A-010, filed 11/22/99, effective 12/23/99.]

[Statutory Authority: RCW 46.01.110. 99-24-013, 308-94A-015, filed 11/22/99, effective 12/23/99.]

(a) Affixing the decals provided by the department to the right and left side or on the ((front and)) rear of the off-road vehicle. The decals ((shall)) must be visible at all times; or

(b) Painting the vehicle use permit number in a manner that is readily legible and visible at all times. The characters must be at least one-inch high with a minimum of one-eighth inch stroke and in a color contrasting with the background; and

(c) Reading from left to right; and

(d) Affixing the validation month tab issued by the department no more than two inches in front of the beginning of the annual use permit decal number; and

(e) Affixing the validation year tab no more than two inches following the last digit in the annual use permit decal number.

(2) ((If my off-road/nonhighway vehicle is registered for dual use, is the license plate required to be displayed?)) Is a license plate required if my off-road/nonhighway vehicle is registered for dual use? Yes, the license plate must be displayed in the same manner as required for highway use.

[Statutory Authority: RCW 46.01.110. 99-24-013, 308-94A-020, filed 11/22/99, effective 12/23/99.]

(1) Name and address of the applicant;

(2) Off-road or nonhighway vehicle plate or registration number if registered in another state;

(3) Make and year of vehicle;

(4) Expiration date of the foreign state registration;

(5) Vehicle identification number; ((and))

(6) Appropriate fees; and

(7) Signature of registered owner(s).

[Statutory Authority: RCW 46.01.110. 99-24-013, 308-94A-025, filed 11/22/99, effective 12/23/99.]

[Statutory Authority: RCW 46.01.110. 99-24-013, 308-94A-030, filed 11/22/99, effective 12/23/99.]

Washington State Code Reviser's Office