WSR 03-20-069

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 29, 2003, 8:34 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-11-069A.

Title of Rule: Chapter 308-88 WAC, Rental car taxation and licensing and chapter 308-96A WAC, Vehicle licenses.

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 308-88-020 Application and registration of rental vehicle business and 308-96A-180 Registration of rental 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: Lynda Henrikson, 1125 Washington Street S.E., Olympia, (360) 902-3811.

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 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 November 5, 2003, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by November 4, 2003, 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 November 4, 2003.

Date of Intended Adoption: December 2, 2003.

September 26, 2003

Lynda Henrikson

For D. McCurley, Administrator

Title and Registration Services

OTS-6698.1


AMENDATORY SECTION(Amending WSR 98-19-075, filed 9/21/98, effective 10/22/98)

WAC 308-96A-180   Registration of rental ((cars)) vehicles.   (1) What is a rental ((car)) vehicle?

A rental ((car)) vehicle is defined in RCW 46.04.465.

(2) ((How is a rental car licensed?

Registrations shall be maintained for the period in which the rental car is operated as part of the rental car business fleet.)) Who registers a rental vehicle? Any Washington vehicle licensing office registers rental vehicles.

(3) How will I register my rental vehicles? Annual renewal of rental vehicle registration may be processed through any Washington vehicle licensing office or by mail by meeting the qualifications and paying the appropriate fees. The rental vehicle business registration number must be included on the vehicle registration. The name of the legal or registered owner on a rental vehicle registration must be identical to the business name displayed on the master license.

(4) Do rental ((cars)) vehicles operated in Washington need to be registered in Washington?

Rental ((cars)) vehicles must be registered in Washington unless:

(a) Rented by a customer at a location outside of the state of Washington;

(b) The vehicle was dropped off at a Washington rental ((car)) vehicle business by its previous renter and is being rented for a one-way trip out of Washington; or

(c) The vehicle is part of a properly registered International Registration Plan (IRP) rental ((car)) vehicle business fleet.

(((4))) (5) Does the current certificate of registration issued by the department need to be carried in the rental ((car)) vehicle?

A photocopy of the current certificate of registration may be carried in a rental ((car)) vehicle in lieu of the original certificate of registration.

(((5))) (6) Who may operate a rental ((car)) vehicle?

Rental ((cars)) vehicles may only be used by rental customers, unless the rental ((car)) vehicle is being moved by the business to another business site, to or from maintenance or repair facilities, or for testing purposes.

(((6))) (7) What does a rental ((car company)) vehicle business do when they remove a rental ((car)) vehicle from their fleet?

((When a rental car company removes a vehicle from their fleet, they shall alter the current month and year tab on the license plates. To alter these tabs, the rental car company will place blank tabs over both the month and year tab on the front and rear plate issued for that vehicle.)) The rental vehicle business may submit a vehicle seller's report of sale that protects the seller of a vehicle from certain criminal and civil liabilities arising from use of the vehicle by another person after the vehicle has been sold or a change in ownership has occurred.

[Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490 and 46.16.276. 98-19-075, 308-96A-180, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 46.01.110 and 46.87.023. 95-15-028, 308-96A-180, filed 7/11/95 effective 8/11/95.]

OTS-6697.1


AMENDATORY SECTION(Amending WSR 00-06-024, filed 2/23/00, effective 3/25/00)

WAC 308-88-020   Application and registration of rental ((car)) vehicle businesses.   (1) ((What is the definition of a "place of business"? For the purposes of this section: "Place of business" means a street address location within the state of Washington.

(2) What is the first step in becoming a rental car business? Applicants shall complete an application supplied by master licensing service.

(3))) What ((information)) is required ((for application as)) to become a rental ((car)) vehicle business? ((Every complete application for a rental car business shall require:

(a) The business name and address of the principal place of business of the applicant.

(b) The business name and address on the application and all required supporting documents must be the same.

(c) Evidence that the corporation is authorized to do business in this state.

(4))) (a) Applicants must apply for a rental vehicle business license by submitting a completed master license application to the department of licensing's master license service.

(b) A separate master license application must be filed for each place of business operated as a rental vehicle business. For the purposes of this section, "place of business" means a physical location at which arrangements to rent a rental vehicle may be made.

(c) Businesses operating in the form of a corporation, limited liability company, limited liability partnership, or similar form of legal entity must register their legal entity through the office of the secretary of state before applying for a rental vehicle business license.

(2) What will I receive as proof that I qualified as a vehicle rental ((car)) business? ((Master licensing service's will assign you a rental car Washington tax registration number and a Unified Business Identifier (UBI) number if none has been previously issued.

(5) How will I register my rental car vehicles? Vehicle registration and annual renewals shall be made to the department of licensing.

(6) Can I transfer my business registration number to another company? No. The registration number issued by the master licensing service is not assignable or transferable, and is valid only for the rental car business in whose name it is issued. The name of the legal or registered owner of all rental vehicle registrations must be identical to the business name on the master business license application.)) A rental vehicle business registration number will be issued to your business and displayed on the master license.

(3) Can I transfer my business registration number to another company? No. The rental vehicle business registration number issued through the master license service is not assignable or transferable, and is valid for the rental vehicle business the registration number was issued to.

Rental vehicles must be registered in Washington unless:

(a) Rented by a customer at a location outside of the state of Washington;

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

(c) The vehicle is part of a properly registered International Registration Plan (IRP) rental vehicle business fleet.

(4) Does the current certificate of registration issued by the department need to be carried in the rental vehicle? A photocopy of the current certificate of registration may be carried in a rental vehicle in lieu of the original certificate of registration.

(5) Who may operate a rental vehicle? Rental vehicles may only be used by rental customers, unless the rental vehicle is being moved by the business to another business site, to or from maintenance or repair facilities, or for testing purposes.

(6) What does a rental vehicle business do when they remove a rental vehicle from their fleet? The rental vehicle business may submit a vehicle seller's report of sale that protects the seller of a vehicle from certain criminal and civil liabilities arising from use of the vehicle by another person after the vehicle has been sold or change in ownership has occurred.

[Statutory Authority: RCW 46.01.110. 00-06-024, 308-88-020, filed 2/23/00, effective 3/25/00. Statutory Authority: ESHB 2964, 7(9). 93-01-066, 308-88-020, filed 12/11/92, effective 1/11/93.]

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