WSR 04-12-072

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed June 1, 2004, 10:16 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-09-032.

     Title of Rule: Chapter 308-96A WAC, Vehicle licenses, these are rules dealing with special license plates.

     Purpose: This change will bring the rule into compliance with chapter 223, Laws of 2004 regular session, SSB 6676 (RCW 46.16.316) and which amends the fee for transfer of special license plates at $10.00.

     Statutory Authority for Adoption: RCW 46.01.110.

     Statute Being Implemented: RCW 46.16.316.

     Summary: Amending WAC 308-96A-070 Amateur radio operator special license plates, 308-96A-071 Military affiliate radio system special license, and 308-96A-175 Ride share vehicles.

     Reasons Supporting Proposal: To comply with RCW allowing a change in license plate transfer fee.

     Name of Agency Personnel Responsible for Drafting: Katherine Iyall Vasquez, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Lynda Henriksen, 1125 Washington Street S.E., Olympia, (360) 902-3811.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: Some "specialty" license plates are described in these rules. A reference to the $5.00 license transfer fee as amended in 2004 legislation set the transfer fee at $10.00. These rules amended the amount previously stated and referenced the statutory fee. The effect will be to make the rules consistent and will reference the statute for transfer fees.

     Special or personal plates will be consistent. The legislature enacted SSB 6667, chapter 223, Laws of 2004 regular session, which set a $10.00 special or personal plate transfer fee. These rules are being amended to remove reference to the special or personal plate transfer fees because it is now enacted in statute.

     Proposal Changes the Following Existing Rules: Clarify sections be removing the $5.00 fee and make reference to legislation, chapter 223 passed in 2004 changing this fee.

     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 July 27, 2004, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by July 26, 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 26, 2004.

     Date of Intended Adoption: August 24, 2004.

June 1, 2004

Steve Boruchowitz

Policy and Projects Office

OTS-7089.2


AMENDATORY SECTION(Amending WSR 01-10-069, filed 4/30/01, effective 5/31/01)

WAC 308-96A-070   Amateur radio operator special license plates.   (1) Who may apply for amateur radio operator vehicle special license plate(s)? Any person having a valid amateur radio operator's license may apply to the department for license plates bearing the official amateur radio call letters assigned by the Federal Communications Commission (FCC). These plates are in lieu of regular issue license plates. The department will issue only one set of plates at any one time carrying these call letters.

     (2) What documents are required to receive an amateur radio operator vehicle special license plate? In addition to all other license fees required by law, the amateur radio operator must attach a copy of the current FCC license to the application. The operator must notify the department when the FCC license is canceled or expires and whether or not the operator has renewed the license. If the license has been renewed, the operator must send a copy of the new FCC license to the department.

     (3) How will the amateur radio operator license plates be displayed? The amateur radio operator license plates must be displayed on a motor vehicle owned by the amateur radio operator unless the plates were issued and assigned to a vehicle prior to January 1, 1991. Prior to the January 1, 1991, date, the amateur radio operator license plates are allowed to be installed on any motor vehicle qualified under RCW 46.16.305.

     (4) Are there any special fees required to obtain the amateur radio operator license plates? In addition to all other license fees required by law, each applicant for amateur radio operator license plates must pay an additional license plate fee of five dollars for the plate and ((an additional five dollars)) applicable fees as stated in RCW 46.16.316 any time the plates are transferred to another vehicle.

     (5) When are the amateur radio operator special license plates canceled? The effective date of the plate cancellation is the date the FCC license becomes invalid. Reinstatement of the plates requires the amateur radio operator to reapply for the plates, providing a copy of the valid FCC license and paying the ((five-dollar fee for a new plate)) fee as stated in RCW 46.16.316.

     (6) Will I ever have to exchange my amateur radio operator special license plates? Yes, the department has determined that all license plates be replaced on a seven-year vehicle license rotation schedule; however, your amateur radio operator special license plates will be issued with your official call letters and numbers assigned to you by the F.C.C.

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, § 308-96A-070, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, § 308-96A-070, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110 and 46.12.070. 91-04-025, § 308-96A-070, filed 1/29/91, effective 3/1/91; Order MV-328, § 308-96A-070, filed 7/24/75.]


AMENDATORY SECTION(Amending WSR 01-10-069, filed 4/30/01, effective 5/31/01)

WAC 308-96A-071   Military affiliate radio system special license plates.   (1) Who may apply for the military affiliate radio system station special license plates? Any person having a valid military affiliate radio system (MARS) station license may apply to the department for license plates bearing the official MARS call letters assigned by the Department of Defense. These plates are in lieu of regular issue license plates. The department will issue only one set of plates at any one time carrying these call letters and can only be displayed on a motor vehicle registered to the MARS station license holder.

     (2) Can a MARS special license plate be issued for my motorcycle? No. Motorcycle license plates accommodate a maximum of six characters. MARS call letters consist of seven characters.

     (3) What documents are required to receive MARS special license plates? In addition to all other license fees required by law, an applicant for MARS license plates must attach a copy of the current official MARS station license authorized by the Department of Defense and issued by the United States Army, Air Force, or Navy/Marine Corps. The recipient of these plates must notify the department when the MARS station license has been canceled.

     (4) Are there any special fees required to obtain the MARS license plates? In addition to all other license fees required by law, each applicant for MARS license plates must pay an additional license plate fee of five dollars for the plate and ((an additional five dollars)) applicable fees as stated in RCW 46.16.316 any time the plates are transferred to another vehicle.

     (5) When are the MARS license plates canceled? The effective date of a plate cancellation is the date the MARS station license becomes invalid. Reinstatement of the plates requires the MARS station license holder to reapply for the plates, providing a copy of the valid MARS license and paying the five-dollar fee for a new plate.

     (6) Will I ever have to exchange my MARS license plates? Yes, the department has determined that all license plates be replaced on a seven-year vehicle license rotation schedule; however, your MARS license plates will be issued with your official call letters and numbers assigned to you by the F.C.C.

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, § 308-96A-071, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, § 308-96A-071, filed 4/8/98, effective 5/9/98; 91-15-006, § 308-96A-071, filed 7/8/91, effective 8/8/91.]


AMENDATORY SECTION(Amending WSR 01-10-069, filed 4/30/01, effective 5/31/01)

WAC 308-96A-175   Ride-sharing vehicles.   (1) When may the department issue a ride share special license plate? Ride share special license plates may be issued when:

     The owner of a passenger motor vehicle is primarily used as a commute ride-sharing vehicle defined in RCW 46.74.010(1). The vehicle owner may be issued special ride-share license plates by satisfying the provisions of RCW 46.16.023. Any person desiring the special ride-share license plates must make application on a form approved by the department and pay all fees required by chapter 46.12 RCW and the special ride-share license plate fee required by RCW 46.16.023. The owner must then provide:

     (a) For privately owned vehicles, a list of the riders registered to use the ride-sharing vehicle, including the names, addresses and signatures of the riders and driver. For five and six passenger vehicles being used in a commute trip reduction program, the list must be a copy of the certification of registration in a commute trip reduction program either with a public transportation agency or a major employer; or

     (b) For vehicles operated by public transportation agencies or by major employers defined in RCW 70.94.524 in commute trip reduction programs, a written statement that the vehicle is used as a commuter ride-sharing vehicle.

     (c) A passenger motor vehicle owned, rented or leased by a government agency may be issued special ride-share license plates for the vehicle described on the approved ride-sharing application.

     (2) Can the ride-share license plate be transferred to another vehicle? To transfer license plates to another vehicle, the owner must ((make)):

     (a) Make application to and receive approval by the department for the replacement passenger motor vehicle; and

     (b) Pay ((a five dollar license plate transfer fee and any other appropriate licensing fees)) applicable fees stated in RCW 46.16.316.

     (3) What happens when I remove or transfer special ride-share plates from my vehicle? When you remove or transfer special ride-share license plates from one vehicle to another, you must:

     (a) Purchase replacement license plates if the vehicle will be operated on public highways; and

     (b) Pay applicable RTA excise tax for the remaining license registration period for the vehicle, if the registered owner resides in the RTA taxing district.

     (4) What happens when the ride-share vehicle is sold or transferred to another person?

     (a) When a ride-share vehicle is sold or transferred to another person who will continue to use the passenger motor vehicle as a commuter ride-share vehicle, the new owner must:

     (i) Apply for a certificate of ownership under chapter 46.12 RCW;

     (ii) Apply for commuter ride-share exemption; and

     (iii) Pay all required fees and taxes including the special license plate fee.

     (b) Upon application for registration renewal, the owners of nongovernment ride-share plated vehicles must:

     (i) Recertify that the vehicle is used as a commuter ride-share vehicle to continue to be exempt from chapters 82.08, 82.12, and 82.44 RCW; and

     (ii) Submit a completed recertification form, approved by the department, including names, addresses, and signatures of current passengers and drivers. If the registered owner fails to file a completed recertification form, the department will cancel the special ride-share license plates and the registered owner will need to purchase replacement plates and pay applicable fees and taxes to complete registration renewal.

     (5) Will I ever have to replace my ride-share vehicle license plate? Yes, the ride-share vehicle license plates are subject to the seven-year vehicle license plate replacement schedule.

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, § 308-96A-175, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, § 308-96A-175, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110, 46.74.010 and 1996 c 244. 96-21-043, § 308-96A-175, filed 10/11/96, effective 11/11/96. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. 94-17-044, § 308-96A-175, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110, 46.16.276 and 1987 c 175 § 2. 88-01-010 (Order TL/RG 39), § 308-96A-175, filed 12/7/87.]

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