WSR 04-15-080

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed July 14, 2004, 1:55 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-08-058.

Title of Rule and Other Identifying Information: Chapter 308-56A WAC, Certificate of title--Motor vehicles, etc., specifically, WAC 308-56A-525 Vehicle seller's report of sale.

Hearing Location(s): Department of Licensing, Conference Room 107, 1125 Washington Street S.E., Olympia, WA 98507, on September 13, 2004, at 10:00 a.m.

Date of Intended Adoption: October 19, 2004.

Submit Written Comments to: Dale R. Brown, P.O. Box 2957, 1125 Washington Street S.E., Olympia, WA 98507-2957, e-mail dbrown@dol.wa.gov, fax (360) 902-3827, by September 10, 2004.

Assistance for Persons with Disabilities: Contact Dale R. Brown by September 10, 2004, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule change is required to update the seller's report of sale notification requirements. The anticipated effect will be to remove the option of mailing reports to the department since the department's system is not able to produce a receipt for the customer. The language was also changed to make the rule read more clearly.

Reasons Supporting Proposal: This rule will allow Washington licensing offices to process vehicle reports of sale and allow the use of the Internet to file a vehicle report of sale and receive a printed receipt if requested.

Statutory Authority for Adoption: RCW 46.01.110.

Statute Being Implemented: RCW 46.12.101.

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

Name of Proponent: , governmental.

Name of Agency Personnel Responsible for Drafting: Katherine Iyall Vasquez, 1125 Washington Street S.E., Olympia, WA, (360) 902-3718; Implementation and Enforcement: Sheila Gilkey, 1125 Washington Street S.E., Olympia, WA, (360) 902-3673.

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 businesses in the industry.

A cost-benefit analysis is not required under RCW 34.05.328. The contents of the proposed rule define the acceptable notification process when reporting a vehicle sold.

July 13, 2004

Steve Boruchowitz

Policy and Projects Office

OTS-7373.1


AMENDATORY SECTION(Amending WSR 02-24-014, filed 11/25/02, effective 12/26/02)

WAC 308-56A-525   Vehicle ((seller's)) report of sale.   (1) What is a vehicle seller's report of sale? A vehicle ((seller's)) report of sale is a document or electronic record transaction ((that)) submitted by a vehicle seller notifying the department that the vehicle is no longer owned by them. It protects the seller of a vehicle from certain criminal and civil liabilities arising from use of the vehicle by another person after the vehicle has been sold or a change in ownership has occurred.

Note: A vehicle report of sale submitted to the department to fraudulently avoid payment of fees, such as parking tickets or tow company impound fees, may not relieve the pervious owner of liability for the operation of the vehicle or from paying fees owed.
(2) Who must file a vehicle ((seller's)) report of sale? With the exception of certain vehicle transfers by registered Washington vehicle dealers, Washington law (RCW 46.12.101) requires submission of a vehicle seller's report of sale by any person or business that transfers their interest in a Washington titled vehicle to anyone else. For the purposes of this rule, transferring interest includes, but is not limited to, selling, gifting, trading or disposing of your vehicle, but does not include the creation, deletion or change of a security interest.

(3) When must a vehicle ((seller's)) report of sale be filed? Vehicle seller's report of sale must be submitted within five days of the date of sale, gift, trade or other disposition of the vehicle, excluding Saturdays, Sundays, and state and federal holidays.

(4) Who is the seller? The seller is ((the current registered owner of record according to the computer file kept by the department)) a person (individual or business) who transfers their right of ownership of a vehicle to another person or business.

(5) ((Why complete and file a vehicle seller's report of sale? It is in the seller's best interest to file the properly completed vehicle seller's report of sale to protect the seller in the event the buyer does not make application for ownership and then accumulates parking tickets, or towing charges, is involved in an uninsured accident or used in illegal activity, etc.

Vehicle seller's report of sale received by the department of licensing that are incomplete will be filed with the department; however, those that do not meet the requirements of the law may not protect the seller from any civil or legal action if the vehicle is subsequently abandoned or involved in illegal activity.

(6) Who is the purchaser? The purchaser is the person who bought, received as a gift, obtained through a trade or received a disposed vehicle.

(7) What information is required on the vehicle seller's report of sale? You are required to provide information contained in RCW 46.12.101.

(8))) Who is the purchaser? The purchaser is a person (individual or business) who takes into their possession, a vehicle, by voluntary acquisition.

(6) How do I file my vehicle ((seller's)) report of sale? You may file your ((seller's)) report of sale ((in the following ways)) through:

(a) ((Through)) Your local vehicle licensing office;

(b) ((Mail it to the department;

(c))) Through the internet.

(((9)))

Note: The department no longer accepts reports of sale received by mail.
(7) What information is required on the vehicle report of sale? You must provide the information required by RCW 46.12.101. However, vehicle reports of sale filed through a local vehicle licensing office that are incomplete will be recorded but may not protect the seller from civil or criminal responsibility for the operation of the vehicle.

(8) Is there a fee for recording a vehicle ((seller's)) report of sale? ((Yes. It)) A fee applies when a report of sale is filed through your local vehicle licensing office as authorized by RCW 46.01.140 (5)(b). There is no fee for filing the vehicle report of sale over the internet.

(((10))) (9) May a vehicle ((seller's)) report of sale be removed from my vehicle record? Yes. As a registered owner, you may have a vehicle ((seller's)) report of sale removed from your vehicle record through your local vehicle licensing office, or by notifying the department in writing. You will need to provide the reason you are removing the vehicle ((seller's)) report of sale from your vehicle record.

(((11))) (10) How will I prove that I filed a vehicle ((seller's)) report of sale?

(((a))) When you file a vehicle ((seller's)) report of sale at any Washington vehicle licensing office, you will be provided with a receipt ((showing)).

When you file a vehicle report of sale on the internet, you have the option of printing your receipt. The receipt will show the following information:

(((i))) (a) Date the report of sale was filed;

(((ii))) (b) Description of vehicle;

(((iii))) (c) Name and address of agent/subagent where filed (not included when filed through the internet);

(((iv))) (d) Date of sale;

(((v))) (e) Purchase price (if provided);

(((vi))) (f) Name(s) and address of seller;

(((vii))) (g) Name(s) and address of transferee (buyer) (if provided).

(((b) When you file a vehicle seller's report of sale on line, you will be provided a receipt showing:

(i) Date the report of sale was filed;

(ii) Description of vehicle;

(iii) Date of sale;

(iv) Purchase price;

(v) Name(s) and address of seller;

(vi) Name(s) and address of transferee (buyer).

When you mail a vehicle seller's report of sale to the department, you will not receive a confirmation or receipt. You may wish to make a photocopy of the report of sale for your records prior to sending it to the department.

Washington law makes it clear that it is a felony to knowingly make a false statement of fact. The penalty, upon conviction, shall be a fine of not more than five thousand dollars or imprisonment of not more than ten years, or both the fine and imprisonment. (RCW 46.12.210.)))

[Statutory Authority: RCW 46.01.110 and 46.12.101. 02-24-014, 308-56A-525, filed 11/25/02, effective 12/26/02.]

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