WSR 03-03-095

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed January 17, 2003, 9:40 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-05-016.

Title of Rule: Chapter 308-56A WAC, Certificates of title -- Motor vehicles, etc.

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 308-56A-250 Signature of registered owner on application -- Exceptions, 308-56A-265 Releasing interest, 308-56A-270 Forms of signature, and 308-56A-275 Certification of signature.

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:

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 business 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 February 26, 2003, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez, 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 February 25, 2003.

Date of Intended Adoption: March 25, 2003.

January 16, 2003

D. McCurley, Administrator

Title and Registration Services

by Katherine Vasquez

OTS-6153.1


AMENDATORY SECTION(Amending WSR 99-08-065, filed 4/5/99, effective 5/6/99)

WAC 308-56A-250   Signature of registered owner on application -- Exceptions.   (1) When is the signature of a registered owner(s) required? Each registered owner is required to sign the application for certificate of ownership except when:

(a) The application is for the sole purpose of removing a secured party of record from the certificate of ownership;

(b) Authorized supportive documentation is used in lieu of the signature or signatures;

(c) The legal owner applies for a duplicate ((title)) certificate of ownership;

(d) There is a statutorily authorized lien filed by a government agency against the vehicle;

(e) An existing legal owner's perfected security interest is transferred to another party and the new secured party is perfecting its security interest.

(2) ((If there are multiple registered owners on an application for certificate of ownership, when is only one registered owner's signature required?)) When is one signature acceptable on an application for certificate of ownership with multiple registered owners? Only one registered owner's signature is required when:

(a) The last certificate of ownership was issued in another jurisdiction; and

(b) The last certificate of ownership shows multiple registered owners; and

(c) Ownership is not changing.

[Statutory Authority: RCW 46.01.110. 99-08-065, 308-56A-250, filed 4/5/99, effective 5/6/99; 92-15-024, 308-56A-250, filed 7/6/92, effective 8/6/92; Order MV 208, 308-56A-250, filed 7/31/74.]


AMENDATORY SECTION(Amending WSR 99-08-065, filed 4/5/99, effective 5/6/99)

WAC 308-56A-265   Releasing interest.   (1) How does ((an)) a registered or legal owner release interest in a vehicle? ((A vehicle owner(s) or secured party who intends)) To release interest in a vehicle ((shall)) a registered or legal owner must:

(a) Sign the release of interest section provided on the certificate of ownership; or

(b) ((Sign)) Provide a release of interest document or form approved by the department.

(2) ((What forms may secured parties use in lieu of subsection (1)(a) and (b) of this section when their intent is to release interest? Secured parties who intend to release their interest in a vehicle may provide one of the following if accompanied by the most recently issued certificate of ownership:

(a) Their properly completed official lien release form; or

(b) A release of interest on its official letterhead, if the secured party is a business entity.

(3) How is the release of interest submitted on an electronically generated Washington certificate of ownership? If the Washington certificate of ownership is a paperless title, the secured party may release its interest electronically or by signing an affidavit in lieu of title.

(4) When)) Do signatures releasing interest need to be notarized or certified? ((An owner's release of interest on department approved documents other than the certificate of ownership)) If the signatures releasing interest are not provided on the certificate of ownership, all signatures must be notarized or certified in accordance with WAC 308-56A-275.

(((5) Are there situations when signatures would not need to be notarized or certified in order to release interest? Yes, the following are situations where notarized or certified is not required:

(a) A signature releasing interest on the certificate of ownership issued by the department or another jurisdiction;

(b) A signature releasing interest on an affidavit in lieu of title printed at a Washington paperless title institution's location;

(c) When there is a secured party and:

(i) The secured party is a business; and

(ii) Release of interest in a vehicle is in accordance with subsection (2)(a) or (b) of this section; and

(iii) The current certificate of ownership is submitted with the separate release of interest and an application for a new certificate of ownership;

(d) A release of interest or bill of sale from the registered owner when the vehicle is from a jurisdiction which does not title this type of vehicle;

(e) A release of interest or a bill of sale from a wrecker or insurance company.

(6))) (3) When are notarized or certified signatures not required on a release of interest? Signatures releasing interest do not need to be notarized or certified when:

(a) A signature releasing interest is provided on the certificate of ownership issued by the department or another jurisdiction;

(b) An approved affidavit in lieu of title printed by a lending institution that is authorized by the department to participate in the electronic title program is provided;

(c) A secured party is releasing interest; and

(i) The secured party is a business; and

(ii) The release of interest is in accordance with subsection (1)(b) of this section; and

(iii) Is submitted with the current certificate of ownership;

(d) A release of interest or bill of sale from the registered owner when the vehicle is from a jurisdiction which does not title this type of vehicle;

(e) A release of interest or bill of sale from a wrecker or insurance company.

(4) When is a release of interest not required from a registered owner(('s release of interest not required))? A release of interest from the registered owner is not required when ((a)):

(a) The registered owner is identified as a lessee or sublessee on an ownership document.

(((7))) (b) The vehicle is awarded to a different owner by legal action.

(5) What other documentation may be used ((in lieu of)) as a release of interest? Documents that may be used ((in lieu of)) as a release of interest include, but are not limited to((, a certified or notarized)):

(a) Bill of sale;

(b) Affidavit in lieu of title with the release of interest portion properly completed;

(c) ((Release of interest form;

(d) Letter of release;

(e))) Letter of release;

(d) Affidavit of repossession;

(e) Affidavit of sale on an abandoned vehicle report;

(f) ((Abandoned vehicle report;

(g))) Chattel or landlord lien form;

(((h))) (g) Certificate of junk vehicle form; or

(((i))) (h) Other documentation approved by the department.

These items may not be subject to notary requirements.

[Statutory Authority: RCW 46.01.110. 99-08-065, 308-56A-265, filed 4/5/99, effective 5/6/99; Order MV 208, 308-56A-265, filed 7/31/74.]


AMENDATORY SECTION(Amending WSR 02-01-123, filed 12/19/01, effective 1/19/02)

WAC 308-56A-270   Forms of signature.   (1) What forms of signature ((format is)) are acceptable to the department? The department will accept:

(a) The signature of an individual in the same form as the name appears on the application or on the certificate of ownership.

(b) The signature containing initials corresponding to the first letter of the given name(s).

(c) The signature containing a given name(s) corresponding to the initials.

(d) Common nicknames such as Bob for Robert, Jim for James, Betty for Elizabeth, etc.

(e) The signature, any memorandum, ((name)) signature stamp, mark or sign made with the intent to authenticate ((and)) an application for certificate of ownership or registration of any person provided in RCW 9A.04.110(23).

(2) What form of signature is required for business owned vehicles? Signatures for business owned vehicles must include:

(a) The name of the business or a commonly accepted abbreviation for the business;

(b) The signature of the person designated to sign on behalf of the business as stated in subsection (1) of this section; and

(c) The title or position of that person.

[Statutory Authority: RCW 46.01.110, 46.12.101, 88.02.070. 02-01-123, 308-56A-270, filed 12/19/01, effective 1/19/02. Statutory Authority: RCW 46.01.110. 99-08-065, 308-56A-270, filed 4/5/99, effective 5/6/99; Order MV 208, 308-56A-270, filed 7/31/74.]


AMENDATORY SECTION(Amending WSR 99-08-065, filed 4/5/99, effective 5/6/99)

WAC 308-56A-275   Certification of signature.   Who may certify signatures?

(1) Signatures ((shall)) must be notarized by a notary public or certified by agents and subagents appointed by the director to conduct vehicle title and registration activities on behalf of the department. The certification must include the signature and the county, office, and operator numbers of the person certifying the signature. Signatures may also be certified by one of the following:

(a) Employees authorized by the director to certify signatures. These employees are:

(i) Deputy director; and

(ii) Assistant director for vehicle services; and

(iii) Administrator and managers of the division primarily responsible for vehicle title and registration; and

(iv) Persons assigned to liaison duties between the department and its agents and subagents; and

(v) Persons assigned the responsibility of accepting title and registration applications at the department's offices; and

(vi) Persons assigned the responsibility for investigating vehicle dealer activities; and

(b) Persons authorized by a Washington licensed vehicle dealer, if the vehicle is sold by that dealer. The certification must include the dealer number, signature, and title((,)) of the person certifying the signature.

(2) The person certifying the signatures shall require proof of identification. Approved identification is:

(a) Drivers license; or

(b) Any government issued photo identification card; or

(c) Any two of the following:

(i) A nationally or regionally recognized credit card (signed);

(ii) A signed photo ID card issued by a ((city, county, state or federal)) government agency;

(iii) Any certificate or other document issued by a government agency for the purpose of establishing identity; or

(d) Other documentation satisfactory to the person certifying the signature.

[Statutory Authority: RCW 46.01.110. 99-08-065, 308-56A-275, filed 4/5/99, effective 5/6/99; 88-20-035 (Order TL/RG 44), 308-56A-275, filed 9/30/88; Order MV 208, 308-56A-275, filed 7/31/74.]

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