WSR 04-04-049

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed January 29, 2004, 1:51 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-20-068.

Title of Rule: Chapter 308-56A WAC, Certificate 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-500 Definitions and 308-56A-505 Elimination of manufactured home title -- Eligibility.

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: , 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 March 11, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by March 10, 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 March 10, 2004.

Date of Intended Adoption: April 6, 2004.

January 29, 2004

D. McCurley, Administrator

Title and Registration Services

OTS-6934.2


AMENDATORY SECTION(Amending WSR 02-19-016, filed 9/9/02, effective 10/10/02)

WAC 308-56A-500   Definitions.   The definitions set forth in RCW 65.20.020 shall apply to WAC 308-56A-505. Terms used in chapters 46.12 and 46.16 RCW and this chapter shall have the following meanings except where otherwise defined, and unless where used the context thereof clearly indicates to the contrary:

(1) "Affidavit in lieu of title" is a written declaration made under oath that the certificate of ownership, registration certificate, gross weight license certificate or validation tab or decal are unavailable, lost, stolen, destroyed or mutilated. The signature on the affidavit in lieu of title must be notarized or certified in accordance with WAC 308-56A-270.

(2) "Affixed" means attached.

(((2))) (3) "Brands" means a permanent notation on the certificate of ownership and vehicle registration certificate that records a special circumstance or condition involving a vehicle that stays with the vehicle registration or certificate of ownership.

(((3))) (4) "Certificate of ownership" (or "title") is a legal document indicating proof of ownership.

(((4))) (5) "Comment" means an indication on the certificate of ownership, vehicle title/registration application or vehicle registration certificate that relates to tax liability, type of ownership, title transaction type or a previous condition of the vehicle.

(((5))) (6) "Commercial parking company" means any business directly engaged in providing vehicle parking upon property owned or controlled by the business and approved for public parking of vehicles.

(((6))) (7) "Current license plate registration" means the current registration or one that has been expired less than one year.

(8) "Department" means the same as described in RCW 46.04.162.

(((7))) (9) "Department temporary permit" is a permit temporarily issued in lieu of permanent registration and license plates when required documentation is unavailable.

(((8))) (10) "Electronic filing" is the use of an electronic method to transmit information to the department that may include, but is not limited to, the use of the internet and facsimile.

(11) "Involuntary divestiture" means a change in vehicle ownership without the registered owner's involvement.

(((9))) (12) "Joint tenancy with rights of survivorship" (JTWROS) means ((owners)) two or more people who own a vehicle in joint tenancy with the right to own individually if one of them dies.

(((10))) (13) "Jurisdiction code" means an abbreviation assigned by the department generally based on the U.S. Postal Service designation that indicates state, province, district, or country.

(((11))) (14) "Legal owner" means the same as described in RCW 46.04.270.

(((12))) (15) "Lien holder" means an entity who has a legal right or interest in another's property until a debt or duty that it secures is satisfied.

(16) "Not eligible for road use" (NEFRU) means a vehicle that does not meet Federal Motor Vehicle Safety standards, other federal and/or state standards for public road use as adopted, applied, and enforced by the Washington state patrol described in RCW 46.37.005.

(((13))) (17) "Person" means the same as described in RCW 46.04.405.

(((14))) (18) "Personal representative" means:

(a) An individual appointed by the court; or

(b) An individual named in the last will and testament and confirmed by the court to manage the estate of a deceased person.

Personal representative may also include executor, administrator, special administrator, and guardian or limited guardian and special representative as defined in RCW 11.02.005(1).

(((15))) (19) "Registered owner" means the same as described in RCW 46.04.460.

(((16))) (20) "Security interest" means a property interest created by agreement or by operation of law to secure performance of an obligation (repayment of a debt).

(21) "Security interest holders" means in this instance, the same as "lien holder" above.

(22) "Secured party" means in this instance the same as "lien holder" above.

(23) "Transferee" means a person to whom a vehicle is transferred, by purchase, gift, or any means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferee, when applicable.

(((17))) (24) "Transferor" means a person who transfers ownership in a vehicle by sale, gift, or any means other than by creation of a security interest and any person who, as agent, signs an odometer disclosure statement for the transferor, when applicable.

(25) "Washington vehicle licensing office" means a vehicle license office as an agent or subagent appointed under RCW 46.01.140.

[Statutory Authority: RCW 46.01.110. 02-19-016, 308-56A-500, filed 9/9/02, effective 10/10/02. Statutory Authority: RCW 65.20.110. 00-13-083, 308-56A-500, filed 6/20/00, effective 7/21/00; 00-06-004, 308-56A-500, filed 2/18/00, effective 3/20/00; 90-11-091, 308-56A-500, filed 5/18/90, effective 6/18/90.]


AMENDATORY SECTION(Amending WSR 01-11-069, filed 5/14/01, effective 6/14/01)

WAC 308-56A-505   Elimination of manufactured home certificate of ownership (title) -- Eligibility.   (1) May I eliminate the ((vehicle)) certificate of ownership (title) on my manufactured home? You may eliminate the ((vehicle)) certificate of ownership (title) on your manufactured home provided you own or are purchasing the manufactured home and the land to which it is affixed as defined in RCW 65.20.020 and 65.20.030.

(2) How do I apply to eliminate the ((vehicle title)) certificate of ownership on my manufactured home? You must complete ((and)), record and submit a manufactured home ((title elimination)) application. The application to eliminate ((title)) the certificate of ownership under chapter 46.12 RCW, and record ownership as real property under chapter 65.20 RCW or to transfer ownership in real property to a title under chapter 46.12 RCW, must be signed by all persons having an interest in the land and ((in)) the manufactured home as defined in RCW 65.20.020.

(3) What conditions must be met before the certificate of ownership can be eliminated? The following conditions must be met before the certificate of ownership will be eliminated:

(a) The manufactured home must be affixed or be in the process of being affixed to the land.

(b) The building permit office certification box on the elimination application must be completed by the issuing authority stating that the home was affixed or that a building permit has been issued for this purpose as described in RCW 65.20.040(3).

(c) If ((the)) a title company is involved in the elimination transaction, they must certify that the legal description of the land is true and correct per real property records.

(d) The county auditor's recording office must certify that the manufactured home ((title elimination)) application has been completed correctly and that the applicant has sufficient documentation to proceed with recording the application.

(e) The completed application must be recorded ((in)) with the county auditor's office in the county ((in which)) where the manufactured home and land are located.

If an applicant fails to complete the elimination process once it has been recorded with the county, the elimination will not be accomplished.

(4) How do I ((record)) complete the elimination of my manufactured home ((title elimination)) certificate of ownership with the department? ((To record your manufactured home title elimination)) You must((: (a))) submit the recorded manufactured home ((title elimination)) application to the department for processing; and (((b))) pay the applicable fees((; and (c))). After it has been processed, you will receive a confirmation letter from the department that your manufactured home ((title)) certificate of ownership has been eliminated.

((If an applicant fails to complete the elimination process after the documents are recorded, the elimination may be void.))

(5) What are the fees for elimination of a manufactured home title? The fees for elimination of a manufactured home title are as follows:

(a) Fees as provided in RCW 46.01.140 for each application.

(b) Fees as provided in RCW 46.12.040 for each application.

(c) A fee ((of fifteen dollars)) for each application to transfer a new or used manufactured home as provided in RCW 59.22.080.

(d) A fee ((of twenty-five dollars)) for each application to defray the cost of processing documents and performing services as required by chapter 65.20 RCW.

[Statutory Authority: RCW 65.20.110. 01-11-069, 308-56A-505, filed 5/14/01, effective 6/14/01; 00-06-004, 308-56A-505, filed 2/18/00, effective 3/20/00; 90-11-091, 308-56A-505, filed 5/18/90, effective 6/18/90.]

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