PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-05-015.
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-065 Vehicles held in trust, 308-56A-075 Multiple legal owners, and 308-56A-455 Assembled and homemade vehicles.
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 April 9, 2003, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by 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 April 8, 2003.
Date of Intended Adoption: May 6, 2003.
February 26, 2003
Katherine Vasquez
for D. McCurley, Administrator
Title and Registration Services
OTS-6217.1
AMENDATORY SECTION(Amending WSR 01-08-022, filed 3/27/01,
effective 4/27/01)
WAC 308-56A-065
Vehicles held in trust.
(1) How is a
trust shown on a certificate of ownership? ((Owners who
choose to designate the trust on a certificate of ownership
may:)) A certificate of ownership may show the name of the
trustee(s) or trust in one of the following manners:
(a) ((Show the registered owner name with)) The
trustee(s) name(s) only followed by the designation trustee,
i.e., John Doe, trustee; or
(b) ((Show the registered owner name with the
designation)) The trustee(s) name(s) followed by the
designation trustee and the name of the trust ((as one owner. If necessary, the name of the trust will be abbreviated to
comply with the department's data field size constraints on
the automated vehicle field system and space limitations on
the certificate of ownership)), i.e., John Doe, trustee John
Doe Family Trust; or
(c) The name of the trust only, i.e., John Doe Family
Trust.
| Note: | If necessary, the name of the trust will be abbreviated to meet the department's system limitations. |
(a) The trustee(s) name(s) only, followed by the designation trustee, i.e., John Doe, trustee, all trustees shown or to be shown on the certificate of ownership must sign.
(b) The trustee(s) name(s) followed by the designation trustee and name of the trust, i.e., John Doe, trustee John Doe Family Trust, all trustees shown or to be shown on the certificate of ownership must sign.
(c) The name of the trust only, i.e., John Doe Family Trust, any or all trustee(s) designated in the trust document must sign.
(3) What trust documents do I need to present to apply for a certificate of ownership in the name of the trust? You will need to provide a copy of the signed trust documents, showing the name of the trust, trustee(s) and successor trustees.
| Note: | Massachusetts trusts (( |
(4) What is required when a ((successor)) trustee ((is
appointed)) no longer acts on behalf of a trust? ((If the
name of the trustee who has been succeeded, is shown on the
certificate of ownership the successor trustee must apply for
a new certificate of ownership and provide documentation
appointing them as trustee.)) If a trustee no longer acts on
behalf of a trust, and the vehicle ownership currently shows:
(a) The trustee(s) name(s) only followed by the designation trustee, i.e., John Doe, trustee, application must be made for a new certificate of ownership; or
(b) The trustee(s) name(s) followed by the designation trustee and the name of the trust, i.e., John Doe, trustee John Doe Family Trust, application must be made for a new certificate of ownership; or
(c) The name of the trust only, i.e., John Doe Family Trust, application for new certificate of ownership is not required.
You will need to provide a copy of the signed trust
documents, showing the name of the trust, trustee(s) and
successor trustees.
| Note: | Massachusetts trusts described in chapter 23.90 RCW must provide verification that the trust was filed with the Washington secretary of state. |
| Note: | New or successor trustees must provide documentation showing they are named as such in the trust. |
If trustee(s) are deceased and no successor trustee(s) is appointed, the process established in WAC 308-56A-335 - Owner deceased, applies.
[Statutory Authority: RCW 46.01.110, 88.02.070 and 88.02,100 [88.02.100]. 01-08-022, § 308-56A-065, filed 3/27/01, effective 4/27/01. Statutory Authority: RCW 46.01.110. 99-08-064, § 308-56A-065, filed 4/5/99, effective 5/6/99. Statutory Authority: RCW 46.01.110 and 46.12.030. 97-03-076, § 308-56A-065, filed 1/15/97, effective 2/15/97; Order MV 208, § 308-56A-065, filed 7/31/74.]
(2) How are additional legal owner's interest shown on
the certificate of ownership? Additional legal owners are
shown directly after the first legal owner. Only the address
of the first legal owner ((shall)) will be shown on the
certificate of ownership.
(3) If the ((lien)) security interest has been satisfied
with one of the legal owners shown on a certificate of
ownership, how is their interest released? When security
interest of one of the legal owners shown on a certificate of
ownership has been satisfied that interest ((shall)) must be
released on the certificate of ownership or a department
approved release of interest form. The remaining legal
owner(s) ((shall)) must, within ten days of receiving the
properly released certificate of ownership, apply for reissue
of the certificate of ownership showing the remaining legal
owner's name and address.
[Statutory Authority: RCW 46.01.110. 99-08-064, § 308-56A-075, filed 4/5/99, effective 5/6/99. Statutory Authority: RCW 46.01.110 and 46.12.030. 97-03-076, § 308-56A-075, filed 1/15/97, effective 2/15/97; Order MV 208, § 308-56A-075, filed 7/31/74.]
(2) What constitutes a homemade vehicle? ((A homemade
vehicle is a vehicle that has been structurally modified so
that it does not have the same appearance as a similar vehicle
from the same manufacturer or has been put together from parts
and materials other than major component parts.)) A vehicle
that cannot visually be identified as one produced by a
particular manufacturer. The model year of a homemade vehicle
is determined by the Washington state patrol at the time of
inspection. The make is homemade.
(3) What is the difference between an assembled vehicle and a homemade vehicle? The difference between an assembled and a homemade vehicle is that an assembled vehicle will be recognizable as one produced by a particular manufacturer. A homemade vehicle will be a vehicle that cannot visually be identified as one produced by a particular manufacturer. The model year of a homemade vehicle will be the original year of licensing and the make will be homemade.
(4) ((How do I apply for a certificate of ownership for
my assembled vehicle?)) What documents are required to apply
for a certificate of ownership for an assembled or homemade
vehicle? The application for certificate of ownership must be
accompanied by the following documents:
(a) The certificate of ownership or bills of sale for
each vehicle or major component part used in the ((assembly))
construction of the vehicle ((or bills of sale for each major
component part used in the assembly of the vehicle)). The
bills of sale must be notarized unless the vendor has a
regular place of business and is registered with the
department of revenue as an agent for use tax purposes. The
bill(s) of sale shall include:
(i) The names and addresses of the seller and purchaser;
(ii) A description of the part being sold, including the make, model and identification or serial number;
(iii) The date of sale;
(iv) The purchase price of the part; and
(v) The stock number if from a Washington licensed wrecker.
(b) A ((statement of fact from an authorized member of
the)) Washington state patrol inspection or inspection from
other personnel authorized by the director verifying the
vehicle identification number, make, model, and year ((and
roadworthiness.)); and
(c) A completed declaration of value form ((provided by
the department)).
(5) What happens if I must remove, destroy or conceal a
vehicle identification number during assembly or construction
of my vehicle? ((Prior to the assembly)) The assembled parts
must be inspected by an authorized member of the Washington
state patrol or other personnel authorized by the director who
will issue a statement of fact prior to assembly or
construction of a vehicle ((that will involve)) involving the
removal, destruction, or concealment of any vehicle
identification number((, the parts shall be inspected by an
authorized member of the Washington state patrol or other
personnel authorized by the director who will issue a
statement of fact)). After assembly ((and)) of a vehicle
where the identification number has been removed, destroyed or
concealed, an authorized member of the Washington state patrol
or other personnel authorized by the director must determine
if a new vehicle identification number will be ((determined
and)) assigned ((by an authorized member of the Washington
state patrol, or other personnel authorized by the director
and a new statement of fact will be issued)).
(((6) How do I apply for a certificate of ownership for
my homemade vehicle? The application for certificate of
ownership must be accompanied by the following documents:
(a) Bills of sale for each major component part used in the assembly of the vehicle. The bills of sale must be notarized unless the vendor has a regular place of business and is registered with the department of revenue as an agent for use tax purposes and shall include:
(i) The names and addresses of the seller and purchaser;
(ii) A description of the vehicle or part being sold, including the make, model and identification or serial number;
(iii) The date of sale; and
(iv) The purchase price of the vehicle or part.
(b) A statement from an authorized member of the Washington state patrol or other personnel authorized by the director verifying the vehicle identification number, make, model, year and roadworthiness.
(c) A declaration of value form provided by the department.))
[Statutory Authority: RCW 46.01.110. 00-04-046, § 308-56A-455, filed 1/27/00, effective 2/27/00; 92-15-024, § 308-56A-455, filed 7/6/92, effective 8/6/92; Order MV 208, § 308-56A-455, filed 7/31/74.]