WSR 04-14-077

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed July 6, 2004, 8:36 a.m. , effective August 6, 2004 ]


Purpose: To implement respectful language requirements - specifically, using the term "Individual with disabilities" required under SSB 6325, chapter 222, Laws of 2004, and to clarify rules and help make them more comprehensible.

Citation of Existing Rules Affected by this Order: Amending WAC 308-96A-005, 308-96A-306, 308-96A-311, 308-96A-312, 308-96A-313, 308-96A-314, and 308-96A-316.

Statutory Authority for Adoption: RCW 46.16.381.

Adopted under notice filed as WSR 04-10-003 on April 22, 2004.

Changes Other than Editing from Proposed to Adopted Version: We have added one more question to WAC 308-96A-311 and added a few grammar changes.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 7, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 7, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 6, 2004.

James A. Fellows

for Fred Stephens

Director

OTS-7102.2


AMENDATORY SECTION(Amending WSR 02-17-024, filed 8/12/02, effective 9/12/02)

WAC 308-96A-005   Terminology -- Definitions.   Terms used in chapter 46.16 RCW and this chapter will have the following meanings except where otherwise defined, and where the context clearly indicates the contrary:

(1) "Affidavit of loss" means a department form used by an applicant, to indicate that a title, registration, license tab, or decal has been lost, stolen, mutilated or destroyed. The form is completed and signed under oath in the presence of an official, such as a notary public, or certified by a license clerk or the authorized agent for a dealership, when a vehicle is in their inventory for resale.

(2) "Agent" means any county auditor, or other individual or business entity other than a subagent appointed to carry out vehicle licensing and titling functions for the department. (RCW 46.01.140.)

(3) "Application" means a form provided or approved by the department to apply for different types of services and documents.

(4) "Cab and chassis" is a truck manufactured and sold with only a cab and the frame and running gear. (WAC 308-96A-145.)

(5) "Certificate of license registration" means a document issued by the department and required by RCW 46.16.260 to be carried in the vehicle to operate legally on the roadways of Washington and described in RCW 46.12.050. The certificate of license registration is renewed annually.

(6) "Collector vehicle license plate" is a special license plate that may be assigned to a vehicle that is more than thirty years old as authorized by RCW 46.16.305(1).

(7) "Confidential" and "undercover" license plates are standard issue license plates assigned to vehicles owned or operated by public agencies. These license plates are used as specifically authorized by RCW 46.08.066.

(8) "Current year" means the current registration year unless otherwise stated. (WAC 308-96A-260.)

(9) "Department" means the department of licensing. (RCW 46.04.162.)

(10) (("Disabled persons parking placard expiration date" means:

(a) The last day of the month specified on a temporary placard; or

(b) Not less than five years from the end of the month and year of issuance of a permanent placard, as specified by the department on the placard. (RCW 46.16.381.)

(11))) "Expiration day and month."

(a) "Date of expiration" or "expiration date" means the day of the month on which the vehicle registration, gross weight license, decal or tabs expire.

(b) "Month of expiration" or "expiration month" means the calendar month during which a registration period ends. (WAC 308-96A-260.)

(((12))) (11) "Fleet" means a group of vehicles registered in the same owner name and which have been assigned the same fleet identifier code by the department.

(((13))) (12) "Fixed load vehicle" is specified in RCW 46.16.079 and described in WAC 308-96A-099.

(((14))) (13) "Gross weight" means gross weight defined in RCW 46.16.070, 46.16.090, 46.16.111 and chapter 46.44 RCW.

(((15))) (14) "Hybrid motor vehicle" means a vehicle that uses multiple power sources or fuel types for propulsion and meets the federal definition of a hybrid motor vehicle.

(((16))) (15) "Identification card" means the identification card referred to in RCW 46.16.381(3) for disabled parking privileges and is used for identification of persons with disabilities.

(((17))) (16) "Indian country" means all lands, notwithstanding the issuance of any patent, within the exterior boundaries set aside by the United States for the use and occupancy of Indian tribes by treaty, law or executive order and which are areas currently recognized as "Indian country" by the United States Department of the Interior as referenced in 18 U.S.C. 1151 and CFR 25.

(((18))) (17) "Indian tribe" means an Indian nation, tribe, band, or community recognized as an "Indian tribe" by the United States Department of the Interior.

(((19))) (18) "Indian" means a person on the tribal rolls of the Indian tribe occupying Indian country.

(19) "Individual with disabilities parking placard expiration date" means the last day of the month as specified on the department placard.

(20) "Jurisdiction" as used in the parking ticket system means any district, municipal, justice, superior court, or authorized representative.

(21) "Jurisdiction seal" means a method of verifying authenticity of court documents, which is provided by the jurisdiction that issued the citation. A jurisdiction seal is an embossed seal or stamp provided by the jurisdiction.

(22) "License or licensing" and "register or registering" are synonymous and mean the act of registering a vehicle under chapter 46.16 RCW.

(23) "License fee" means the fees required for the act of licensing a vehicle under chapter 46.16 RCW. License fee does not include license plate fees identified as taxes, and fees collected by the department for other jurisdictions.

(24) "License tab fees" means the same as described in RCW 46.16.0621.

(25) "Licensed physician" for the purpose of ((disabled person)) individual with disabilities parking privileges, means: Chiropractic physicians, naturopaths, medical doctors, ((advanced registered nurse practitioners,)) osteopathic physicians ((and)), podiatric physicians, and advanced registered nurse practitioners. Licensed physician does not include persons licensed in the professions of dentistry and optometry. (RCW 46.16.381(1).)

(26) "Motor home" means a vehicle designed or altered for human habitation as described in RCW 46.04.305.

(27) "Municipality" in reference to parking tickets, means every court having jurisdiction over offenses committed under RCW 46.20.270.

(28) "NCIC number" means the numeric code assigned by the National Crime Information Center to identify a jurisdiction.

(29) "One hundred twenty-day notice" in reference to parking violations means a notice of parking violations that must be satisfied prior to the registration renewal date. (RCW 46.16.216.)

(30) "Parking ticket disposition" means the requested action as determined by the jurisdiction to add failure-to-pay parking violations, or to remove paid parking violations from a vehicle record. (RCW 46.16.216.)

(31) "Parking violation" means any standing, stopping or parking violation per RCW 46.20.270(3).

(32) "Parking violation list" means a computerized list containing all outstanding parking violations, which have been processed by the department (RCW 46.16.216(1).)

(33) "Permanent" in reference to ((disabled person)) individual with disabilities parking privileges, means a licensed physician has certified that a qualifying condition is expected to last at least five years. (RCW 46.16.381. WAC 308-96A-306.) ((Disabled persons)) Individual with disabilities parking privileges must be renewed every five years.

(34) "Permit" in reference to ((disabled person)) individual with disabilities parking privileges means the proof provided by the department in the form of placard(s), special license plate(s) and an identification card indicating eligibility for ((disabled person)) individual with disabilities parking privileges. (RCW 46.16.381.)

(35) "Personalized license plates" are plates denoting the registered owner's chosen format or designation and are limited to those described in RCW 46.16.560, 46.16.570, and 46.16.580. (WAC 308-96A-065.)

(36) "Personal use vehicle" in reference to disabled veteran's, prisoners of war and congressional medal of honor plates, means vehicles not used for commercial purpose including: Passenger vehicles, motor homes, motorcycles, and trucks with designated gross vehicle weight not exceeding twelve thousand pounds. Registration ownership must be in the name of the individual and not in the business name. (WAC 308-96A-046.)

(37) "Placard" means a document issued to ((persons)) individuals who qualify for special ((disabled person)) individual with disabilities parking privileges under RCW 46.16.381 and are entitled to receive from the department of licensing a removable windshield placard bearing the international symbol of access and individual serial number.

(38) "Private carriers" means those entities contracting with public transportation authorities to transport persons with disabilities described in RCW 46.16.381. (WAC 308-96A-316.)

(39) "Privilege" in reference to ((disabled person's)) individual with disabilities parking privileges means permission to utilize the benefits associated with the permit. (RCW 46.16.381, 46.61.582 and 70.84.090. WAC 308-96A-306.)

(40) "Public transportation authorities" means those entities operating motor vehicles owned or leased by Washington state, or a town, city, county, municipality, or metropolitan or municipal corporation within the state, or United States government agencies or Indian nations used for the primary purpose of transporting persons with disabilities described in RCW 46.16.381.

(41) "Regular fleet" means a group of five or more vehicles registered in the same owner(s) name and which have been assigned the same fleet identifier code by the department and has an expiration date of December 31st of each year. (WAC 308-96A-161.)

(42) "Rental car" means a car that is rented as defined in RCW 46.04.465.

(43) "Renewal notice" means the notice to renew a vehicle license provided by the department approximately sixty days prior to the current expiration year.

(44) "Salvage title" means a certificate of title issued by another jurisdiction designating a motor vehicle as a "salvage vehicle."

(45) "Scale weight" means the weight of a vehicle as it stands without a load. (RCW 46.16.070 and 46.16.111.)

(46) "Signature" means any memorandum, mark, sign or subscriptions made with intent to authenticate an application. (RCW 9A.04.110(23).)

(47) "Special mailer" means the notice sent by the department in lieu of a renewal notice. The special mailer indicates additional or corrective information that must be provided at the time of registration renewal.

(48) "Subagent" means individual(s), business, organization, or political entity appointed by the director to provide vehicle and vessel licensing and titling services under contract with the agent as described in RCW 46.01.140.

(49) "Tab(s)" means decals, issued by the department, affixed to the rear license plate to identify the registration expiration month or year for a specific vehicle.

(50) "Tonnage," "declared gross weight" and "declared combined gross weight" are used interchangeably when referring to the amount of weight declared by an owner when licensing a vehicle as described in RCW 46.16.070 and 46.16.111.

(51) "Transit permit" means a document that authorizes an individual to operate a vehicle on a public highway of this state solely for the purpose of obtaining necessary documentation to complete and apply for a Washington certificate of ownership or registration, and does not allow unrestricted use of the vehicle. (WAC 308-96A-026.)

(52) "Unprocessed" as used in parking ticket system means no update of the computer record has occurred.

(53) "Use classes" means those vehicles described in WAC 308-96A-099.

(54) "Vehicle data base record" means the electronic record stored on the department's motor vehicle data base reflecting vehicle and ownership information.

[Statutory Authority: RCW 46.01.1110, 46.16.135, 46.16.225, 46.16.490, 46.17.276. 02-17-024, 308-96A-005, filed 8/12/02, effective 9/12/02. Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490, and 46.16.276. 01-17-017, 308-96A-005, filed 8/3/01, effective 9/3/01. Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.17.276. 00-09-008, 308-96A-005, filed 4/6/00, effective 5/7/00. Statutory Authority: RCW 46.01.110. 97-10-003, 308-96A-005, filed 4/24/97, effective 5/25/97. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. 94-17-044, 308-96A-005, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110. 93-14-083, 308-96A-005, filed 6/30/93, effective 7/31/93; 92-15-025, 308-96A-005, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-005, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.01.110 and 46.16.335. 91-15-006, 308-96A-005, filed 7/8/91, effective 8/8/91. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-005, filed 5/28/87. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. 86-10-040 (Order TL/RG 24), 308-96A-005, filed 5/5/86; Order MV-355, 308-96A-005, filed 5/10/76; Order MV-328, 308-96A-005, filed 7/24/75.]


AMENDATORY SECTION(Amending WSR 02-04-002, filed 1/23/02, effective 2/23/02)

WAC 308-96A-306   Definitions -- ((Disabled person)) Individual with disabilities special parking privileges.   For the purposes of determining eligibility for special ((disabled person)) individual with disabilities parking placards and license plates, the following definitions apply:

(1) For the purposes of determining a disability that limits a person's abilities as defined in RCW 46.16.381 and for determining eligibility for certifying ((disabled person)) individual with disabilities parking privileges under RCW 46.16.381, "licensed physician" is a health care provider to include: Chiropractor (DC), naturopath (ND), physician or surgeon (MD or DO), podiatrist (DPM), advanced registered nurse practitioner (ARNP). Licensed physician does not include persons licensed in the professions of dentistry and optometry.

(2) "Permanent" means a licensed physician has certified that the qualifying disability condition is expected to last at least five years.

(3) "Permit" means the eligibility for the temporary or permanent placard or special license plate(s) and identification card.

(4) "Identification card" means the identification card referred to in RCW 46.16.381(3).

(5) "Private carriers" means those entities contracting with public transportation authorities to transport persons with disabilities described in RCW 46.16.381.

(6) "Privilege" means the right to utilize the benefits associated with the ((permit)) individuals with disabilities, parking placards, identification card and license plate(s).

(7) "Public transportation authorities" means those entities operating motor vehicles owned or leased by Washington state, or a town, city, county, municipality, or metropolitan or municipal corporation within the state, or United States government agencies or Indian nations used for the primary purpose of transporting persons with disabilities described in RCW 46.16.381.

(8) "Signature" means any memorandum, mark, stamp, or sign made with intent to authenticate an application for a placard, or the subscription of any person thereto as provided in RCW 9A.04.110(23).

(9) "Application" means the form provided by the department that must be completed by the individual and physician or the form that must be completed by the organization.

[Statutory Authority: RCW 46.16.381. 02-04-002, 308-96A-306, filed 1/23/02, effective 2/23/02; 00-16-056, 308-96A-306, filed 7/26/00, effective 8/26/00. Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-306, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-306, filed 10/29/98, effective 10/29/98. Statutory Authority: RCW 46.01.110. 97-02-001, 308-96A-306, filed 12/19/96, effective 1/19/97. Statutory Authority: RCW 46.01.110 and 46.16.276. 92-03-076, 308-96A-306, filed 1/14/92, effective 2/14/92. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-306, filed 5/28/87.]


AMENDATORY SECTION(Amending WSR 02-04-002, filed 1/23/02, effective 2/23/02)

WAC 308-96A-311   General provisions.   (((1) How do I qualify for a disabled person parking privilege?

In order to qualify for a disabled person parking privilege, a licensed physician as identified in WAC 308-96A-306(1) must certify that you have a disability that limits or impairs the ability to walk and that you meet one of the requirements listed in RCW 46.16.381 (1)(a) through (g). The physician's certification is required for all original applications and renewal applications submitted between June 1, 1998, and June 10, 2003. After June 10, 2003, only original permanent privilege applications and all temporary applications will require the licensed physician's certification.

(2) What types of placards are issued?

The types of placards you may receive are:

(a) Temporary; or

(b) Permanent.

(3) How do I apply for a disabled person parking privilege?

To apply for the disabled person parking privilege, a licensed physician must complete and certify his or her portion of the application. Then, you must complete and sign your portion of the application and submit it to the department as provided in WAC 308-96A-312 (temporary placard), WAC 308-96A-313 (permanent placard) or WAC 308-96A-314 (special license plates).

(4) Who may sign the application for the disabled person that is unable to sign or is a minor?

When the disabled person is unable to sign or is a minor. The application may be signed by an authorized representative of the disabled person. The application must then be accompanied by a copy of one of the following:

(a) A power of attorney;

(b) A Washington state court order or certification from the clerk of court confirming the court's action; or

(c) An affidavit explaining why the applicant is unable to sign and explaining the signing person's association with the applicant. Example: Signature, Jane Doe, daughter.

(5) When is the disabled person parking privilege no longer valid?

The disabled person parking privilege is no longer valid:

(a) Upon expiration of the privilege;

(b) Upon death of the disabled person;

(c) If the disability no longer exists; or

(d) If the privilege was issued in error.

(6) Why is the identification card issued?

The identification card is issued to assist law enforcement in determining that the person who is using the disabled person parking placard or disabled person special license plate is the person to whom the privilege was issued.

(7) Must I present the identification card upon request of law enforcement? Yes.

(a) Your identification card must be shown upon request of any law enforcement officer, parking enforcement officer or volunteer appointed for purposes of issuing notices of parking infractions.

(b) If you have just applied for and not yet received an ID card, show the receipt you received at the time of application.)) (1) How do I qualify for an individual with disabilities parking privilege?

In order to qualify for a temporary or permanent individual with disabilities parking privilege, a licensed physician or advanced registered nurse practitioner (ARNP) must certify, on a department approved application form, that you have a disability that limits or impairs your ability to walk and that you meet the requirements listed in RCW 46.16.381(1). For the purpose of implementing this rule, a physician is defined as a health care provider to include: Chiropractor (DC), naturopath (ND), physician or surgeon (MD or DO), podiatrist (DPM). Licensed physician does not include persons licensed in the professions of dentistry and optometry. The physician or ARNP as defined above must certify that you have a disability that limits or impairs the ability to walk and that you meet one of the following criteria allowed by RCW 46.16.381:

(a) Cannot walk two hundred feet without stopping to rest;

(b) Are severely limited in ability to walk due to arthritic, neurological, or orthopedic condition;

(c) Are so severely disabled, that you cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device;

(d) Use portable oxygen;

(e) Are restricted by lung disease to such an extent that forced expiratory respiratory volume, when measured by spirometry, is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;

(f) Are impaired by cardiovascular disease or cardiac condition to the extent that your functional limitations are classified as class III or IV under standards accepted by the American Heart Association; or

(g) Have a disability resulting from an acute sensitivity to automobile emissions which limits or impairs your ability to walk. Your personal physician or advanced registered nurse practitioner must document that your disability is comparable in severity to the others listed in this subsection.

The medical certification is required for all original applications for permanent and temporary disability privileges and for permanent disability privileges that have been expired more than thirty days. Certification is not required for renewal of existing Washington privileges for an individual with disabilities.

(2) How do I apply for an individual with disabilities parking privilege?

Once the licensed physician or ARNP portion of the application is completed, you must complete and sign your portion of the application and submit it to the department or file the form in person at most Washington vehicle licensing offices, as noted on the application.

(3) Who may sign the application for an individual with disabilities who is unable to sign or is a minor?

When an individual with disabilities is unable to sign or is a minor, the application may be signed by an authorized representative of the individual with disabilities. The application must then be accompanied by a copy of one of the following:

(a) A power of attorney;

(b) A Washington state court order or certification from the clerk of court confirming the court's action; or

(c) An affidavit explaining why the applicant is unable to sign and explaining the signing person's association with the applicant. Example: Signature, Jane Doe, daughter.

(4) When is the individual with disabilities parking privilege no longer valid?

The individual with disabilities parking privilege is no longer valid:

(a) Upon expiration of the privilege;

(b) Upon death of the individual with disabilities;

(c) If the disability no longer exists; or

(d) If the privilege was issued in error.

(5) What happens if I do not renew my permanent parking privilege prior to the expiration date?

When an individual with disabilities parking privilege is expired for more than thirty calendar days, a new original application with physician or ARNP's certification will be required.

(6) What will I receive once my application is approved?

You will receive an individual with disabilities identification card and:

(a) If you have a temporary disability you will receive one red temporary placard;

(b) If you have a permanent disability you may choose to receive:

(i) Up to two blue permanent placards; or

(ii) One blue permanent placard and one set of individual with disabilities license plates. The individual with disabilities must be a registered owner to receive these special license plates.

(7) When can the individual with disabilities parking privileges be used?

The parking privileges may only be used when the person to whom the plate or placard is issued is being transported.

(8) Why is the individual with disabilities identification card issued?

The individual with disabilities identification card must be available for law enforcement or parking enforcement officials to verify the identity of the individual with disabilities and to ensure the parking privilege is only used by those who qualify for that privilege.

If you have just applied for and not yet received an individual with disabilities identification card, show the receipt you received at the time of application.

(9) How do I display the individual with disabilities parking placard?

(a) The placard is made to be hung from the rearview mirror post; or

(b) In the absence of the rearview mirror post, the placard may be placed on the dashboard.

However displayed, the entire placard must be visible through the vehicle windshield.

[Statutory Authority: RCW 46.16.381. 02-04-002, 308-96A-311, filed 1/23/02, effective 2/23/02. Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-311, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-311, filed 10/29/98, effective 10/29/98.]


AMENDATORY SECTION(Amending WSR 02-04-002, filed 1/23/02, effective 2/23/02)

WAC 308-96A-312   Temporary ((disabled person)) individual with disabilities parking placard and identification card.   (1) Where and how may I obtain a temporary ((disabled person)) individual with disabilities parking placard and identification card issued to a person with a temporary disability?

You may obtain a temporary ((disabled person)) individual with disabilities parking placard issued to a person with a temporary disability at Washington vehicle licensing offices by submitting a completed and signed application certified by a licensed physician or ARNP. Identification cards are automatically ((issued)) generated at the time the ((disabled)) placard is issued and will be mailed to you.

(2) How long is the temporary ((disabled person)) individual with disabilities parking privilege valid?

The temporary ((disabled person)) parking placard and identification card issued to ((a person)) an individual with a temporary disability is valid for up to six months from the date of issuance by the department.

(3) Can my temporary ((disabled person)) individual with disabilities parking privilege be extended?

If your condition continues beyond the expiration date, you may obtain a new temporary ((disabled person)) individual with disabilities parking placard and identification card by submitting a new application completed and certified by a licensed physician or ARNP.

(4) What happens if the temporary ((disabled person)) individual with disabilities parking placard or identification card is lost, mutilated, destroyed, or stolen?

If you wish to replace your temporary ((disabled person)) individual with disabilities parking placard or identification card, complete and sign a statement explaining what happened to the placard or identification card. A new temporary ((disabled person)) individual with disabilities parking placard or identification card will be issued by mail, to you, indicating the original expiration date. The placard or identification card being replaced are no longer valid and should be destroyed if located.

(5) When is the temporary ((disabled person)) individual with disabilities parking placard and identification card issued to a person with a temporary disability no longer valid?

The placard and identification card are no longer valid:

(a) Upon expiration of the privilege; or

(b) Upon death of the ((disabled person)) individual with disabilities; or

(c) If the disability no longer exists; or

(d) If a replacement placard and identification card has been issued; or

(e) If the privilege was issued in error.

(6) What should I do ((when)) with my temporary placard and identification card ((issued to a person with a temporary disability)) when they are no longer valid?

When your temporary placard and identification card are no longer valid, they should be destroyed.

[Statutory Authority: RCW 46.16.381. 02-04-002, 308-96A-312, filed 1/23/02, effective 2/23/02. Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-312, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-312, filed 10/29/98, effective 10/29/98.]


AMENDATORY SECTION(Amending WSR 02-04-002, filed 1/23/02, effective 2/23/02)

WAC 308-96A-313   ((Disabled person)) Individual with disabilities parking placard and identification card -- For permanent disabilities.   (1) Where are ((disabled person)) individual with disabilities parking placard(s) and identification cards issued to persons with a permanent disability?

((Disabled persons)) Individuals with disabilities parking placards for persons with a permanent disability are issued at Washington vehicle licensing offices. Identification cards ((may be)) are issued and applied for at the time the disabled placard is issued and will be mailed to you.

(2) When do ((disabled person)) individual with disabilities parking placard(s) expire?

((Disabled person)) Individual with disabilities parking placard(s) issued to persons with a permanent disability are issued for five years and expire on the last day of the month specified on the placard. Example: If a permanent placard is marked to expire in May ((2003)) 2008, it expires on May 31, ((2003)) 2008.

(3) What happens if the ((disabled person)) individual with disabilities parking placard or identification card ((issued to persons with a permanent disability)) is lost, mutilated, destroyed, or stolen?

If you wish to replace your permanent ((disabled person)) parking placard or identification card, complete and sign a statement explaining what happened to the placard or identification card. A replacement ((disabled person)) individual with disabilities parking placard or identification card will be issued indicating the original expiration date. The identification card will be mailed to you. Upon replacement of the placard and/or identification card, the original is no longer valid and should be destroyed if located.

(4) How do I renew my permanent ((disabled person)) individual with disabilities parking placard(s)?

The department will mail you a renewal notice ((to qualifying individuals)) prior to privilege expiration. You may submit a completed renewal notice or new application to a Washington vehicle licensing office to renew the parking placard. A new ((disabled person)) individual with disabilities parking placard(s) and a new identification card will be sent to you in the mail.

(5) When are the ((disabled person)) individual with disabilities parking placard(s) ((issued to persons with a permanent disability)) no longer valid?

The ((disabled person parking)) placard and identification card issued to persons with a permanent disability ((is)) are no longer valid:

(a) Upon expiration of the placard; or

(b) Upon death of the ((disabled person)) individual with disabilities; or

(c) If the disability no longer exists; or

(d) If the privilege was issued in error; or

(e) If a replacement parking placard issued to persons with a permanent disability has been issued.

(6) What do I receive when I apply for a ((disabled person)) individual with disabilities parking privilege?

You may receive:

(a) One placard; or

(b) One set of special license plates for one vehicle which is registered in the name of the ((disabled person)) individual with disabilities; or

(c) One placard and one set of special license plates; or

(d) Two placards.

(7) How do I obtain a second ((disabled person)) individual with disabilities parking placard?

If you have only one permanent ((disabled person)) parking placard and no special ((disabled)) license ((plate)) plates issued for this parking privilege, you may obtain a second placard upon written request.

[Statutory Authority: RCW 46.16.381. 02-04-002, 308-96A-313, filed 1/23/02, effective 2/23/02. Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-313, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-313, filed 10/29/98, effective 10/29/98.]


AMENDATORY SECTION(Amending WSR 03-05-082, filed 2/19/03, effective 3/22/03)

WAC 308-96A-314   ((Disabled person)) Individual with disabilities special license plates -- Individual.   (1) Where can I obtain ((a disabled person)) an individual with disabilities special license plate and identification card?

You may apply for ((a disabled person)) an individual with disabilities special license plate at most Washington vehicle licensing offices. You will receive the identification card and ((disabled person)) individual with disabilities special license plates in the mail.

(2) How do I ((obtain disabled person)) qualify for individual with disabilities special license plates?

To receive ((disabled person)) special license plates:

(a) Your name must be shown on the department's record as being a registered owner of the vehicle; and

(b) You must be certified by a licensed physician or ARNP as having a permanent disability or have already been granted a permanent ((disabled person)) individual with disabilities parking privilege established with the department.

(3) When do the ((disabled person)) individual with disabilities special license plates and identification card expire?

((The disabled person)) These special license plates ((carries)) carry the expiration date of your vehicle registration and must be renewed annually. The privilege to use the ((disabled person)) individual with disabilities special license plate must be renewed every fifth year from the month of issuance of the privilege.

(4) When are the ((disabled person)) individual with disabilities special license plates no longer valid?

((The disabled person)) These special license plates are no longer valid when:

(a) The plates expire;

(b) The privilege expires;

(c) Upon death of the ((disabled person)) individual with disabilities;

(d) If the disability no longer exists;

(e) The ((disabled person)) special license plates have been canceled by department administrative action;

(f) If the privilege was issued in error; or

(g) If the ((disabled person)) individual with the disability is no longer shown on the department's record as being a registered owner of the vehicle.

(5) How do I replace ((a disabled person)) the individual with disabilities special license plates if they become lost, mutilated, destroyed, or stolen?

You shall complete and sign a statement explaining what happened to the ((disabled person)) individual with disabilities special license plate(s) and pay replacement plate fees. Replacement special ((disabled person)) individual with disabilities license plates will be issued indicating the current expiration date. See note following subsection (6) of this section.

(6) When I am required to replace my ((disabled person)) individual with disabilities special license plate(s), will I receive the same number/letter combination? Yes. Upon request and with payment of the plate retention fee in RCW 46.16.233, you will receive replacement ((disabled person)) individual with disabilities parking special license plate(s) with the same number/letter combination as shown on the vehicle computer record.

Note: If the license plate(s) has been reported stolen or if the department record indicates the vehicle has been stolen, the same number/letter combination will not be used. This is a law enforcement issue and is for the protection of the public.

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070. 03-05-082, 308-96A-314, filed 2/19/03, effective 3/22/03. Statutory Authority: RCW 46.16.381. 02-04-002, 308-96A-314, filed 1/23/02, effective 2/23/02. Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-314, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-314, filed 10/29/98, effective 10/29/98.]


AMENDATORY SECTION(Amending WSR 03-05-082, filed 2/19/03, effective 3/22/03)

WAC 308-96A-316   Permanent placard and ((disabled person)) individual with disabilities special license plates for organizations.   (1) When can a qualifying organization use disabled person special license plates or special ((disabled person)) individual with disabilities parking placards?

Qualifying organizations may only use ((disabled person)) these special license plates or ((disabled person)) parking placards when transporting any person who meets the criteria under RCW 46.16.381(1).

(2) How does an organization qualify for ((disabled person)) individual with disabilities special license plates and permanent ((disabled person)) parking placards?

The organization must:

(a) Service participants/clients who meet the criteria in RCW 46.16.381(3); and

(b) Report the status of each permanent ((disabled person)) individual with disabilities parking placard or ((disabled person)) special license plate to the department by April 30th each year.

(3) How does a qualifying organization apply for ((disabled person)) individual with disabilities special license plates and permanent ((disabled person)) parking placards?

The organization must submit a properly completed ((disabled person)) individual with disabilities parking privileges organization application to the department with appropriate documentation as indicated on the application.

(4) What may a qualifying organization receive when approved for ((disabled person)) individual with disabilities parking privileges?

(a) ((Disabled person)) Individual with disabilities special license plates may be issued for vehicles registered to the organization which regularly transport persons who have qualified or would qualify for ((disability)) this special parking privilege; or

(b) ((Disabled person)) Individual with disabilities parking placard(s) which may be used only when the vehicle in which they are displayed is transporting persons who have or would qualify for the ((disability)) special parking privilege.

An organization may receive up to ninety-nine placards based on ((their)) its legitimate business requirements. The department may approve exceptions.

(5) Where does a qualifying organization obtain ((disabled person)) individual with disabilities parking placard(s) or ((disabled person)) special license plates?

A qualifying organization may obtain permanent ((disabled person)) individual with disabilities parking placard(s) and ((disabled persons)) special license plates at a Washington vehicle licensing office.

(6) Is a qualifying organization issued an identification card?

No. An identification card will not be issued for an organization.

(7) When does the permanent ((disabled person)) individual with disabilities parking placard(s) issued to a qualifying organization expire?

The permanent ((disabled person)) individual with disabilities parking placard(s) expires five years from the date of issuance((.)), on the last day of the month specified on the placard. Example: If the placard is marked to expire in May ((2003)) 2008, it expires May 31, ((2003)) 2008.

(8) When are the ((disabled person)) individual with disabilities special license plates issued to a qualifying organization no longer valid?

The ((disabled person)) individual with disabilities special license plates are no longer valid when:

(a) The plates expire;

(b) The privilege expires;

(c) The vehicle is no longer being used for the purpose of transporting ((disabled persons)) individual with disabilities;

(d) The ((disabled person)) individual with disabilities special license plates have been canceled by department administrative action;

(e) The organization no longer qualifies;

(f) The organization's business license is canceled or expires;

(g) If the privilege was issued in error; or

(h) If the organization fails to return the annual report.

(9) How does a qualifying organization replace permanent ((disabled person)) individual with disabilities parking placards or ((disabled person)) special license plates if they become lost, mutilated, destroyed, or stolen?

The organization shall complete and sign a statement explaining what happened to the placards or ((disabled person)) individual with disabilities special license plates and pay replacement fees. Replacement permanent ((disabled person)) parking placards or ((disabled person)) special license plates will be issued indicating the original expiration date. This voids the previously issued permanent placards or plates. See note following subsection (10) of this section.

(10) When ((I am)) an organization is required to replace ((my disabled person)) its individual with disabilities special license plate, will ((I)) it receive the same license plate number/letter combination? Yes. Upon request and with payment of the plate retention fee in RCW 46.16.233, you will receive replacement ((disabled person)) individual with disabilities parking special license plates with the same number/letter combination as shown on the vehicle computer record.

Note: If the license plate has been reported as stolen or if the department record indicates the plate has been stolen, the same number/letter combination will not be issued. This is a law enforcement issue and is for the protection of the public.
(11) How does a qualifying organization renew ((their)) its permanent ((disabled person)) individual with disabilities parking placard?

The department will send ((a disabled person)) an individual with disabilities parking renewal notice to the qualifying organization before the privilege expires. The privilege is renewed by submitting the completed and signed renewal notice, or a new application may be submitted in lieu of the renewal notice. Upon approval of the properly completed and signed renewal notice or application, the department will issue new placards.

(12) When are the ((disabled person)) individual with disabilities parking placards, issued to qualifying organizations, no longer valid?

((Disabled persons)) Individual with disabilities parking placards issued to an organization are no longer valid when:

(a) The organization no longer qualifies; or

(b) The organization's business license is canceled or expires; or

(c) The placard was issued in error; or

(d) A replacement has been issued; or

(e) If the organization fails to return the annual report.

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070. 03-05-082, 308-96A-316, filed 2/19/03, effective 3/22/03. Statutory Authority: RCW 46.16.381. 02-04-002, 308-96A-316, filed 1/23/02, effective 2/23/02. Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-316, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-316, filed 10/29/98, effective 10/29/98.]

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