WSR 04-20-088

EXPEDITED RULES

DEPARTMENT OF LICENSING


[ Filed October 5, 2004, 1:56 p.m. ]

Title of Rule and Other Identifying Information: Chapter 308-94 WAC, Snowmobiles and off-road and nonhighway vehicles, WAC 308-94-105.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Dale R. Brown, Department of Licensing, 1124 [1125] Washington Street S.E., P.O. Box 2957, Olympia, WA 98507-2957 , AND RECEIVED BY December 6, 2004.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal is to correct an error in rule designation from 380 to 308. There is no substantive change being made.

Reasons Supporting Proposal: An accurate rule assists the public in complying. This is a technical correction.

Statutory Authority for Adoption: RCW 46.01.110.

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

Name of Proponent: , governmental.

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

October 4, 2004

Steve Boruchowitz

Policy and Projects Office

OTS-7595.1


AMENDATORY SECTION(Amending WSR 01-11-070, filed 5/14/01, effective 6/14/01)

WAC 308-94-105   Delivery of snowmobile on dealer temporary permit.   (1) How are snowmobile dealer temporary permits used? By licensed snowmobile dealers as a dealer temporary permit.

(2) How is the dealer temporary permit application issued and completed?

(a) The dealer temporary permit application is issued by and must be completed by the selling dealer.

(b) The application must be signed by the registered owner(s).

(c) The dealer must collect all fees required for registration of a snowmobile.

(d) The dealer must detach the hard copy of the dealer permit and record the date of expiration in dark, bold letters and numbers on the permit side of that copy. Date of expiration will be forty-five calendar days after date on which the snowmobile is physically delivered to the customer/purchaser.

(e) The application copies must be used by the dealer to apply for registration of the snowmobile. Except as provided in chapter 46.10 RCW the selling dealer must submit the application and all registration fees to the department of licensing or an authorized licensing agent within forty-five calendar days from the date of sale.

(f) The hard copy of the permit and a purchase order identifying the snowmobile and the date on which the snowmobile is delivered to the customer must be carried on the snowmobile or on the person operating the snowmobile at all times the snowmobile is operated on the temporary permit.

(3) How long is the dealer temporary permit valid? The dealer temporary permit is valid for not more than forty-five calendar days commencing with the date on which the vehicle is delivered to the customer.

(4) What restrictions apply to the dealer temporary permit?

(a) The dealer temporary permit must not:

(b) Be issued for a dealer inventoried or a dealer or dealer-employee operated snowmobile;

(c) Be issued as a demonstration permit;

(d) Be issued for a snowmobile processed as a courtesy delivery.

(5) Are fees paid for the dealer temporary permit application forms refundable? Fees paid for dealer temporary permit application forms are not refundable unless the dealer ceases doing business as a snowmobile dealer.

(6) Is the dealer reimbursed for the cost of the dealer temporary permit when used? Yes, a credit in the amount of the permit form fee will be credited when the permit is used by the snowmobile dealer to make application for a snowmobile registration.

(7) Is the dealer required to keep a record of the permits? Yes, the dealer must maintain a record of each dealer temporary permit form acquisition and distribution including the following:

(a) Snowmobile purchaser's names;

(b) Vehicle identification number;

(c) Dates of snowmobile sales and deliveries; and

(d) Date and location of purchase of each permit form and the permit number.

(8) Is the dealer required to submit the application for registration within a certain period of time? Yes, the dealer must submit the application for registration in accordance with WAC ((380-94-030)) 308-94-030 within forty-five days from the date of delivery of the snowmobile to the customer.

The director may excuse late applications only in situations where applications are delayed for reasons beyond the control of the dealer.

[Statutory Authority: RCW 46.01.110. 01-11-070, 308-94-105, filed 5/14/01, effective 6/14/01.]

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