WSR 04-03-120

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed January 21, 2004, 11:35 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-24-054.

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-030 Owner name and address -- Application for certificate of ownership and 308-56A-040 Name and address -- Address.

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: Fred Stephens, 1125 Washington Street S.E., Olympia, (360) 902-3933.

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 413, 1125 Washington Street S.E., Olympia, WA 98507, on February 24, 2004, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by February 23, 2004, 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 23, 2004.

Date of Intended Adoption: March 23, 2004.

January 21, 2004

Fred Stephens

Director

by Katherine Vasquez

OTS-6939.1


AMENDATORY SECTION(Amending WSR 03-05-081, filed 2/19/03, effective 3/22/03)

WAC 308-56A-030   Owner name and address -- Recorded on vehicle record -- Application for certificate of ownership.   (1) What registered owner and lien holder or secured party information is required on the vehicle record application for certificate of ownership?

Effective March 23, 2004, the application for certificate of ownership must include:

(a) The name of each registered owner (individual(s) or business) of the vehicle and, if the vehicle is subject to a lien or other security interest, the name of each secured party;

(b) The registered owner's ((mailing)) primary residence street address; and

(c) The ((first)) primary secured party's mailing address.

(2) What does primary residence mean for an individual owner and a registered owner that is a business?

(a) "Primary residence" means the domicile of the registered owner.

(b) In the case of an individual, the term "domicile" means the person's true, fixed and permanent home and place of habitation in Washington. The department will presume that a registered owner's primary residence is the same as the address used in driver's license records and voter registration records.

(c) In the case of a business, the term "domicile" means the principal place in Washington from which the trade or business of the registered owner is directed, managed or conducted.

(3) Do the addresses for the application for certificate of ownership, vehicle record and registration need to conform to United States Postal Service (USPS) standards?

Yes. USPS address standards must be used on all vehicle records, registrations, and certificates of ownership.

(((3) Can more than one mailing address be shown on the application if there are multiple owners with different addresses?

No. The address of only one of the registered owners and the first secured party will be accepted on the application for certificate of ownership.)) (4) Are there exceptions to the requirement to provide a primary residence street address?

Yes. Exceptions will be made for:

(a) Overseas mailing addresses for military personnel, e.g., Army or Air Force Personnel Post Office (APO) or Fleet Post Office (FPO) will be accepted;

(b) Members of the address confidentiality program administered through the secretary of state's office; or

(c) Those who do not have USPS mail delivery available at their primary residence street address.

(5) Will the department renew a vehicle registration if the registered owner does not provide a primary residence street address?

No. For purposes of determining if local taxes are due, the registered owner's primary residence street address is required for vehicle registration renewals unless one of the exceptions specified in subsection (4) of this section is met and the completed and signed Certificate of Fact for Address Verification, in the form of a declaration under penalty of perjury, is filed with the department.

(6) What will the department do if it becomes aware that there is an error in the primary residence street address?

The department will flag the record and the registered owner will be required, prior to the time of next renewal, to provide information to reconcile any discrepancy.

(7) Can more than one address be shown on the vehicle record or application if there are multiple owners with different addresses?

No. Only one address for the registered owner will be shown on the vehicle record.

(8) Can more than one address be shown on the vehicle record of application if there is more than one secured party?

No. Only one address for the primary secured party will be shown on the vehicle record.

(9) Is the applicant or registered owner required to certify the truth of the information contained in the application for certificate of ownership or vehicle renewal?

Yes, the applicant or registered owner must complete and sign a Certificate of Fact for Address Verification, in the form of a declaration under penalty of perjury.

[Statutory Authority: RCW 46.01.110. 03-05-081, 308-56A-030, filed 2/19/03, effective 3/22/03; 99-01-014, 308-56A-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 46.01.110, 88.02.100, 46.10.040, 46.12.030, 46.16.040, 88.02.050 and 88.02.070. 96-04-004, 308-56A-030, filed 1/25/96, effective 2/25/96; 95-13-058, 308-56A-030, filed 6/19/95, effective 7/20/95; Order MV 208, 308-56A-030, filed 7/31/74.]


AMENDATORY SECTION(Amending WSR 03-05-081, filed 2/19/03, effective 3/22/03)

WAC 308-56A-040   Name and address -- Change of address.   (1) If the owner's address changes, does the owner need to notify the department?

Yes.

(2) What information does the owner need to provide to the department if their address changes?

The owner ((shall)) must provide the department with the following information:

(a) The registered owner's name (individual(s) or business) as it appears on the ((department)) vehicle records;

(b) The license plate number or vehicle identification number (VIN) of each vehicle;

(c) The new street address for the primary residence as defined in WAC 308-56A-030(2) with at least a five digit zip code and preferably a nine digit zip code; and

(d) The county of the new address.

(3) Are there exceptions to the requirement to provide a primary residence street address on the department's change of address form?

Yes. To be exempt from the requirement to provide the primary resident street address, the registered owner must complete and sign a Certificate of Fact for Address Verification, in the form of a declaration under penalty of perjury, that at least one of the exceptions in WAC 308-56A-030(4) is met. The department shall provide the required form of address verification.

(4) Does the address need to conform to United States Postal Service (USPS) standards?

Yes. USPS address standards must be used on all vehicle records, registrations, and certificates of ownership.

(5) Is the registered owner required to certify the truth of the information provided when using the department's change of address form?

Yes, the owner must sign the department's change of address form, which includes certification under penalty of perjury that the information provided is true and correct.

[Statutory Authority: RCW 46.01.110. 03-05-081, 308-56A-040, filed 2/19/03, effective 3/22/03; 99-01-014, 308-56A-040, filed 12/7/98, effective 1/7/99; 92-15-024, 308-56A-040, filed 7/6/92, effective 8/6/92; Order MV 208, 308-56A-040, filed 7/31/74.]

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