WSR 04-21-051

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed October 18, 2004, 1:20 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-12-009.

Title of Rule and Other Identifying Information: Chapter 308-63 WAC, Wreckers, WAC 308-63-090 Wreckers -- Records and procedures for monthly reports.

Hearing Location(s): Department of Licensing, Conference Room 107, 1125 Washington Street S.E., Olympia, WA 98507, on November 30, 2004, at 10:00 a.m.

Date of Intended Adoption: December 21, 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 November 29, 2004.

Assistance for Persons with Disabilities: Contact Dale R. Brown by November 29, 2004, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To provide the vehicle wrecker industry, who requests access, an option to utilize the department's destroyed vehicle reporting online system to submit their monthly wrecker reports that update the vehicle record immediately. This rule also seeks to clarify that the wrecker shall maintain the original evidence of ownership documentation with a copy of their electronically filed or written monthly report within their files for three years.

Reasons Supporting Proposal: To provide wreckers with an additional means of submitting the monthly report and establishes retention and consistency in documentation maintained by the industry.

Statutory Authority for Adoption: RCW 46.01.110.

Statute Being Implemented: Chapter 46.44 RCW.

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

Name of Proponent:

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 rules are explicitly and specifically dictated by statute.

October 18, 2004

Steve Boruchowitz

Policy and Projects Office

OTS-7601.1


AMENDATORY SECTION(Amending WSR 02-19-036, filed 9/10/02, effective 10/11/02)

WAC 308-63-090   Wreckers -- Records and procedures for monthly reports.   What records must I keep and how do I handle the monthly report? (1) Wrecker books and files((. The wrecker shall maintain books and files which shall)) must contain the following:

(a) A record of each vehicle or part acquired ((giving)) that includes:

(i) A description of the wrecked vehicle or major component part as defined in RCW 46.80.010 by make, model, year, ((and for major component parts, except core parts, the)) vehicle identification number and "yard number" assigned at the time the vehicle or major component part was placed in the wrecking yard;

(ii) The date purchased or acquired by the wrecker, and the name of the person, firm or corporation from which the vehicle or part was obtained;

(iii) The certificate of title number if registered in a title state, or registration number if a nontitle state; or description of the document used in lieu of title, such as an affidavit of sale or a bill of sale for a vehicle or vehicle part;

(iv) The name of the state and license number in the state that a vehicle was last registered; and

(v) A statement indicating whether any used car or truck at least six years but not more than twenty years old met the market value threshold amount immediately before it was wrecked, destroyed or damaged, as required by RCW 46.12.070 and WAC 308-56A-460(3). If this statement is not provided, when required, the department will treat the vehicle as if the wrecker indicated that the market value threshold was met when required.

(b) A record of the disposition of the motor, body, and major component parts giving the name of the person purchasing the part(s), if any. Sales to scrap processors shall be accompanied by an invoice or bill of sale, listing each vehicle by its yard number. The wrecker ((shall)) must retain a copy of such invoice or bill of sale for purposes of inspection for three years.

These records will be subject to inspection by authorized representatives of the department and law enforcement officials during regular business hours. The foregoing information shall be entered in the wrecker's records within two business days of the event requiring the entry, such as receipt of a vehicle.

(2) ((The wrecker must furnish written reports.)) For the purposes of RCW 46.80.090, wrecker monthly reports submitted electronically through the department's on-line reporting system is the same as filing a written monthly report. By the tenth of the month following acquisition of vehicles entered into the wrecking yard inventory, each wrecker must submit a written or electronic report on the form prescribed by the department documenting those vehicles were acquired and entered into the wrecking yard inventory during the previous month. Vehicles being held in the segregated storage area awaiting ownership documents, pursuant to WAC 308-63-070(8), will not be reported. ((The report shall be made in duplicate. The original shall be sent to the department and the duplicate retained for the wrecker's files.)) If no vehicles were acquired during that month, the monthly report must be sent in stating "none." The written report ((shall contain)) must be made in duplicate. The original written report must be sent to the department containing such information ((for vehicles only as the wrecker is)) as required ((to keep)) by subsection (1)(a)(i), (ii), (iii), (iv), and (v) of this section. The written report must be accompanied by photocopies of properly endorsed certificates of title or other adequate evidence of ownership and registration certificates((; provided that records on acquisitions and sales of vehicle parts need not be included in reports submitted to the department but records shall be kept)). A duplicate copy of the report must be retained in the wrecker's file for three years accompanied by the original evidence of ownership documents. When reported electronically, the department's printed confirmation receipt must be retained for the wrecker's file for three years accompanied by the original evidence of ownership documents.

Records on acquisition and sales of vehicle parts need not be included in reports submitted to the department, but records must be kept for three years from date of purchase and made available for inspection.

(3) Identity of vehicles in yard. All vehicles placed in the yard ((shall)) must be identified by a yard number as assigned in the wrecker's records with numerals marked so as to be clearly visible and legible. If a part of a vehicle is sold which has the number on it, the yard number of the vehicle ((shall)) must be ((remarked)) placed in another location on the vehicle.

[Statutory Authority: Chapter 46.55 RCW. 02-19-036, 308-63-090, filed 9/10/02, effective 10/11/02. Statutory Authority: RCW 46.80.140. 00-13-019, 308-63-090, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. 93-08-076, 308-63-090, filed 4/6/93, effective 5/7/93.]

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