WSR 04-11-112

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed May 19, 2004, 10:44 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-05-121.

Title of Rule: Chapter 308-56A WAC, Certificates of Title -- Motor vehicles, etc., new rule WAC 308-56A-024 Stolen vehicle check required for certificate of ownership.

Purpose: To establish requirements for stolen vehicle checks on application for vehicle certificate of ownership.

Statutory Authority for Adoption: RCW 46.01.110.

Summary: New WAC 308-56A-024 Stolen vehicle check required for certificate of ownership.

Reasons Supporting Proposal: A theft inquiry will be performed on all applications for vehicle certificate of ownership.

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 purpose of the rule is [to] allow nationwide theft inquiries by VIN on all vehicles which will assist law enforcement in locating vehicles that have been reported stolen.

The anticipated effect of this rule is an increase in locating and recovering vehicles that have been reported stolen. This will also help prevent the sale of stolen vehicles. There will be more vehicles subject to VIN inspection.

Proposal does not change existing rules. This is a new rule and does not change existing rules.

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 rule is specifically requiring the department to check all vehicles for a stolen background. This WAC is used to help implement stolen vehicle checks through the National Motor Vehicle Title Information System (NMVTIS).

Hearing Location: Highways-Licenses Building, Conference Room 107, 1125 Washington Street S.E., Olympia, WA 98507, on July 8, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by July 7, 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 July 7, 2004.

Date of Intended Adoption: November 23, 2004.

May 19, 2004

Steve Borchowitz

Policy and Projects Office

OTS-7182.1


NEW SECTION
WAC 308-56A-024   Stolen vehicle check required for certificate of ownership.   (1) Is a stolen vehicle check required whenever application is made for certificate of ownership? Yes. A Washington Crime Information Center/National Crime Information Center (WACIC/NCIC) stolen vehicle search will be performed on all vehicle title transactions.

(2) What is a WACIC/NCIC stolen vehicle search? A WACIC/NCIC stolen vehicle search is defined to include any nationally recognized source of stolen vehicle data obtained from the NCIC, including the National Insurance Crime Bureau (NICB).

(3) Who is authorized to receive and process stolen vehicle search inquiries? The department and vehicle licensing offices are authorized to receive and process stolen vehicle search information. In addition to WACIC/NCIC, stolen vehicle searches may also be processed through any nationally recognized source of stolen vehicle data obtained from the NCIC, including the National Insurance Crime Bureau (NICB).

(4) What happens if the stolen vehicle search indicates the vehicle has been reported stolen? If the information obtained indicates the vehicle has been reported and confirmed stolen, the Washington state patrol will immediately be notified. A title will not be issued until the matter is resolved. If the department checks with the reporting law enforcement agency or jurisdiction and the reporting agency indicates that the vehicle's stolen status has been resolved, a certificate of ownership will be issued if the department is satisfied that all other requirements have been met.

(5) What happens if the stolen vehicle search indicates that the vehicle has not been reported stolen? If the stolen vehicle check is negative, a certificate of ownership will be issued if the department is satisfied that all other requirements have been met.

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