WSR 04-08-081

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed April 6, 2004, 8:35 a.m. ]

Date of Adoption: April 6, 2004.

Purpose: Make the rules more clear and easier to use, meeting Governor Locke's Executive Order 97-02.

Citation of Existing Rules Affected by this Order: Amending WAC 308-56A-500 and 308-56A-505.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 04-04-049 on January 29, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

April 6, 2004

Fred Stephens

Director

OTS-6934.3


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

WAC 308-56A-500   Definitions.   The following 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)) 308-56A WAC:

(1) "Affidavit in lieu of title" is a written declaration confirming the certificate of ownership, registration certificate, validation tab are unavailable, lost, stolen, destroyed or mutilated. The affidavit in lieu of title may be used to release interest in the vehicle. The signature of the owner completing the affidavit in lieu of title must be notarized or certified as described in WAC 308-56A-270.

(2) "Affidavit of loss" is a written statement confirming the certificate of ownership, registration certificate, validation tab or decal has been lost, stolen, destroyed or mutilated. The affidavit of loss release of interest form may be used to release interest in the vehicle and transfer gross weight license for that vehicle to a new owner. The signature of the owner completing the affidavit of loss release of interest must be notarized or certified as described in WAC 308-56A-270.

(3) "Affixed" means attached.

(((2))) (4) "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))) (5) "Certificate of ownership" (or "title") is a legal document indicating proof of ownership.

(((4))) (6) "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))) (7) "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))) (8) "Current license plate registration" means the current registration or one that has been expired less than one year.

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

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

(((8))) (11) "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.

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

(((9))) (13) "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))) (14) "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))) (15) "Legal owner" means the same as described in RCW 46.04.270.

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

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

(((14))) (19) "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))) (20) "Registered owner" means the same as described in RCW 46.04.460.

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

(22) "Security interest holders" means in this instance, the same as "lien holder" as defined in subsection (16) of this section.

(23) "Secured party" means in this instance the same as "lien holder" as defined in subsection (16) of this section.

(24) "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))) (25) "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.

(26) "Washington vehicle licensing office" means an office that is operated by the department or an agent or subagent appointed under RCW 46.01.140 for the purpose of carrying out the vehicle titling and registration provisions in Title 46 RCW.

[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.

(f) After recording, the original or a certified copy of the elimination application and any other documents required by the department must be submitted to a vehicle licensing office to complete the elimination process with the appropriate fees. A confirmation letter is sent from the department confirming the elimination of the certificate of ownership.

(g) Failure to finalize the elimination process with a vehicle licensing office will render the elimination incomplete until such time the original or certified copy of the recorded application and any other documents required by the department are submitted to a vehicle licensing office with the appropriate fees.

(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((; (b))) and 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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