Date Adopted: December 2, 2003.

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

     Citation of Existing Rules Affected by this Order: Amending [WAC 308-97-011, 308-97-125, and 308-97-230.]

     Statutory Authority for Adoption: RCW 46.16.160.

      Adopted under notice filed as WSR 03-19-007 on September 4, 2003.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 3, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

December 17, 2003

Fred Stephens

Director

OTS-6643.2

AMENDATORY SECTION(Amending WSR 00-07-053, filed 3/8/00, effective 4/8/00)

WAC 308-97-011   Definitions.   "Motor carrier" is a person or business who owns, leases or operates a vehicle which carries freight and/or passengers and either:

     (1) The vehicle has a gross vehicle weight or combined gross vehicle weight greater than twenty-six thousand pounds;

     (2) Is a trailer with a gross vehicle weight rating of greater than ten thousand pounds; or

     (3) Carries sixteen or more passengers, including the driver.

[Statutory Authority: RCW 46.16.160 and 88.38.100. 00-07-053, § 308-97-011, filed 3/8/00, effective 4/8/00.]

     The vehicle display copy of the trip permit ((shall)) must be displayed as indicated below. Locations for display are indicated in relation to the vehicle driver when seated in the vehicle.

     (1) Passenger cars, neighborhood electric vehicles (NEV), small trucks and campers: Affix permit to the inside lower left corner of the rear window, upright so that it may be easily read.

     (2) Trucks, tractors, truck tractors and motor homes: Affix permit to the inside lower right corner of the windshield.

     (3) Trailers, semi-trailer, motorcycles and mopeds: Permit must be in possession of the vehicle operator (driver) or driver of the power unit pulling it.

     (4) If display of the permit as prescribed above would obstruct the operator's vision, the permit will be displayed in an alternate location, which is visible from outside the vehicle and does not obstruct the operator's view.

[Statutory Authority: RCW 46.16.160. 98-23-026, § 308-97-125, filed 11/9/98, effective 12/10/98; 81-16-010 (Order DOL 634), § 308-97-125, filed 7/24/81.]

     Vehicle trip permits may be sold by those entities cited in RCW 46.16.160. These entities include government and ((nongovernment)) nongovernmental organizations.

     (2) How does a ((nongovernment)) nongovernmental organization obtain approval to sell vehicle trip permits?

     ((Nongovernment)) Nongovernmental organizations must:

     (a) Apply to the department;

     (b) Execute an agreement to abide by the requirements of this section and RCW 46.16.160;

     (c) Provide a surety bond; and

     (d) Provide transmission fee schedule if issuing permits electronically.

     (3) How do I obtain an application to become an agent for selling trip permits?

     Any ((nongovernment)) nongovernmental organization may obtain an application form from the department of licensing, prorate and fuel tax section.

     (4) What are the components of the agreement?

     The components of the agreement require the agent to:

     (a) Timely account and pay all permit fees;

     (b) Subject their books and records to periodic audit;

     (c) Pay interest and penalties upon any deficiency;

     (d) Maintain records of transmittals for a period of four calendar years and make these records available to the department or its representative during business hours at the agent's office;

     (e) Mail or deliver transmittals at least bimonthly to the department by the last Friday of each recording period for permit sales covering the preceding fifteen days. Transmittals ((shall)) must be accompanied by the appropriate fees and any documents required by the department;

     (f) Reimburse the department for the administrative fee and excise tax of any permit, which is missing, lost, or otherwise unaccounted for. For the purposes of this section, "excise tax" means the tax collected as explained in RCW 46.16.160(9).

     (5) What are the requirements of a surety bond?

     The requirements of a surety bond are to:

     (a) Be on a form provided by the department;

     (b) Meet the provisions of chapter 48.28 RCW for a corporate surety bond;

     (c) Be executed by the applicant as principal;

     (d) Be payable to the state conditioned upon the performance of all the requirements of this section and RCW 46.16.160, including payment of any and all permit fees, payment of audit assessments, interest and penalties due or which become due;

     (e) Be in an amount equal to the monetary value of vehicle trip permits issued to an agent.

     (6) What is the agent fee for selling a vehicle transit permit?

     The agent fee is the filing fee mandated by RCW 46.01.140.

     (7) How may vehicle trip permits be issued?

     Vehicle trip permits may be issued by:

     (a) Original ((two-part)) manual form;

     (b) Facsimile of the ((two-part)) manual form; or

     (c) Authorized electronic form.

     (8) If the permit is issued by facsimile or other electronic means, may the agent collect an additional transmission fee?

     Yes. As long as the fee does not exceed that listed on the transmission schedule filed with the department.

     (9) What happens if the agent fails to comply with the agreement?

     The department may, after proper notice, served personally or by an affidavit of mailing, revoke the appointment of any agent who has violated any provisions of RCW 46.16.160, chapter 308-97 WAC, or breached the appointment agreement. Upon notice of revocation of an agent's appointment, the agent ((shall)) must return to the department any vehicle trip permits in inventory and any money owed to the department.

[Statutory Authority: RCW 46.01.110 and chapter 82.44 RCW. 01-17-085, § 308-97-230, filed 8/17/01, effective 9/17/01. Statutory Authority: RCW 46.16.160. 98-23-026, § 308-97-230, filed 11/9/98, effective 12/10/98; 81-16-010 (Order DOL 634), § 308-97-230, filed 7/24/81. Statutory Authority: RCW 46.01.110. 80-13-001 (Order DOL 591), § 308-97-230, filed 9/4/80.]