WSR 05-07-152

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed March 23, 2005, 11:10 a.m. , effective May 15, 2005 ]


Purpose: This rule allows the inclusion of brands from other jurisdictions than Washington to be added to the vehicle certificate of ownership and registration documents. This change accommodates Washington's participation in the motor vehicle title information system national database.

Citation of Existing Rules Affected by this Order: Amending WAC 308-56A-500 Definitions and 308-56A-530 Vehicle brands and comments.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 05-03-106 on January 19, 2005.

Changes Other than Editing from Proposed to Adopted Version: Changes in wording for clarification and understandability.

Language was added back in that had been redacted because of concerns of stakeholders.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 22, 2005.

Fred Stephens

Director

OTS-7615.4


AMENDATORY SECTION(Amending WSR 04-08-081, filed 4/6/04, effective 5/7/04)

WAC 308-56A-500   Definitions.   The following definitions apply to terms used in chapters 46.12 and 46.16 RCW and chapter 308-56A WAC:

(1) "Affidavit in lieu of title" is a written declaration confirming the certificate of ownership, registration certificate, validation tab are unavailable, lost, stolen, destroyed or mutilated. The affidavit in lieu of title may be used to release interest in the vehicle. The signature of the owner completing the affidavit in lieu of title must be notarized or certified as described in WAC 308-56A-270.

(2) "Affidavit of loss" is a written statement confirming the certificate of ownership, registration certificate, validation tab or decal has been lost, stolen, destroyed or mutilated. The affidavit of loss release of interest form may be used to release interest in the vehicle and transfer gross weight license for that vehicle to a new owner. The signature of the owner completing the affidavit of loss release of interest must be notarized or certified as described in WAC 308-56A-270.

(3) "Affixed" means attached.

(4) "Brands" means a permanent notation on the certificate of ownership and vehicle registration certificate that records a circumstance or condition involving a vehicle.

(5) "Brands incident date" is the date that a brand was first applied to a vehicle. For states/jurisdictions participating in the National Motor Vehicle Title Information System (NMVTIS), it's the date the brand was first reported. For all other states/jurisdictions, it is established by using the date the current title was issued. Brands on Washington records prior to the effective date of this rule will reflect a brand incident date equal to the date the last Washington certificate of ownership was issued.

(6) "Certificate of ownership" (or "title") is a legal document indicating proof of ownership and will establish a fact or sustain a judgment unless contradictory evidence is produced.

(((6))) (7) "Comment" means an indication on the certificate of ownership, vehicle title/registration application or vehicle registration certificate that relates to tax liability, type of ownership, title transaction type or a previous condition of the vehicle.

(((7))) (8) "Commercial parking company" means any business directly engaged in providing vehicle parking upon property owned or controlled by the business and approved for public parking of vehicles.

(((8))) (9) "Current license plate registration" means the current registration or one that has been expired less than one year.

(((9))) (10) "Declaration in lieu of title" is a written statement confirming the certificate of ownership, registration certificate, validation tab is unavailable, lost, stolen, destroyed, or mutilated. The declaration in lieu of title may be used to release interest in the vehicle. The signature of the owner completing the declaration in lieu of title must be signed under penalty of perjury, as described in WAC 308-56A-270.

(11) "Declaration of loss" is a written statement confirming the certificate of ownership, registration certificate, validation tab or decal has been lost, stolen, destroyed, or mutilated. The declaration of loss release of interest form may be used to release interest in the vehicle and transfer gross weight license for that vehicle to a new owner. The signature of the owner completing the declaration of loss release of interest must be signed under penalty of perjury, as described in WAC 308-56A-270.

(12) "Department" means the same as described in RCW 46.04.162.

(((10))) (13) "Department temporary permit" is a permit issued temporarily in lieu of permanent registration and license plates when required documentation is unavailable.

(((11))) (14) "Electronic filing" is the use of an electronic method to transmit information to the department that may include, but is not limited to, the use of the internet and facsimile.

(((12))) (15) "Involuntary divestiture" means a change in vehicle ownership without the registered owner's involvement.

(((13))) (16) "Joint tenancy with rights of survivorship" (JTWROS) means two or more people who own a vehicle in joint tenancy with the right to own individually if one of them dies.

(((14))) (17) "Jurisdiction code" means an abbreviation assigned by the department generally based on the U.S. Postal Service designation that indicates state, province, district, or country.

(((15))) (18) "Legal owner" means the same as described in RCW 46.04.270.

(((16))) (19) "Lien holder" means a person or entity that has a legal right or interest in another's property until a debt or duty that it secures is satisfied.

(((17))) (20) "Not eligible for road use" (NEFRU) means a vehicle that does not meet Federal Motor Vehicle Safety standards, other federal and/or state standards for public road use as adopted, applied, and enforced by the Washington state patrol described in RCW 46.37.005.

(((18))) (21) "A declaration under penalty of perjury" means a statement signed by the applicant to the effect - "I declare under penalty of perjury under the laws of the state of Washington that the information I have provided on this form is true and correct. Anyone who knowingly makes a false statement may be guilty of a felony under state law and upon conviction shall be punished by a fine.

(22) "Person" means the same as described in RCW 46.04.405.

(((19))) (23) "Personal representative" means:

(a) An individual appointed by the court; or

(b) An individual named in the last will and testament and confirmed by the court to manage the estate of a deceased person.

Personal representative may also include executor, administrator, special administrator, and guardian or limited guardian and special representative as defined in RCW 11.02.005(1).

(((20))) (24) "Registered owner" means the same as described in RCW 46.04.460.

(((21))) (25) "Security interest" means a property interest created by agreement or by operation of law to secure performance of an obligation (repayment of a debt).

(((22))) (26) "Security interest holders" means in this instance, the same as "lien holder" as defined in subsection (16) of this section.

(((23))) (27) "Secured party" means in this instance the same as "lien holder" as defined in subsection (16) of this section.

(((24))) (28) "Standard brand" is a brand found on the brands list maintained by the National Motor Vehicle Title Information System (NMVTIS) program.

(29) "Transferee" means a person to whom a vehicle is transferred, by purchase, gift, or any means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferee, when applicable.

(((25))) (30) "Transferor" means a person who transfers ownership in a vehicle by sale, gift, or any means other than by creation of a security interest and any person who, as agent, signs an odometer disclosure statement for the transferor, when applicable.

(((26))) (31) "Unique brand" means a brand issued by a state that is not participating in the National Motor Vehicle Title Information System (NMVTIS) program and does not appear on the brands list maintained by NMVTIS.

(32) "Washington vehicle licensing office" means an office that is operated by the department or an agent or subagent appointed under RCW 46.01.140 for the purpose of carrying out the vehicle titling and registration provisions in Title 46 RCW.

[Statutory Authority: RCW 46.01.110. 04-08-081, 308-56A-500, filed 4/6/04, effective 5/7/04; 02-19-016, 308-56A-500, filed 9/9/02, effective 10/10/02. Statutory Authority: RCW 65.20.110. 00-13-083, 308-56A-500, filed 6/20/00, effective 7/21/00; 00-06-004, 308-56A-500, filed 2/18/00, effective 3/20/00; 90-11-091, 308-56A-500, filed 5/18/90, effective 6/18/90.]


AMENDATORY SECTION(Amending WSR 02-19-016, filed 9/9/02, effective 10/10/02)

WAC 308-56A-530   Vehicles brands and comments.   (1) What is a brand? For the purposes of this section a brand is a notation on the certificate of ownership or vehicle registration certificate that records a special circumstance or condition involving a vehicle.

(2) What brands are assigned to vehicles by the department? Brands used by the department include, but are not limited to:

(a) Former exempt, as defined in RCW 46.16.020;

(b) Former for hire, as defined in RCW 46.72.010;

(c) Former taxicab, as described in RCW 46.72.010;

(d) Rebuilt as required in RCW 46.12.075, when a vehicle reported destroyed under RCW 46.12.070 or 46.80.090 and WAC 308-56A-460 meets the definition of salvage vehicle in RCW 46.12.005;

(e) Street rod as defined in RCW 46.04.571;

(f) Nonconformity uncorrected or safety defect uncorrected as defined in RCW 19.118.021 (13) and (18);

(g) ((Former rental, designation used on a certificate of ownership when a vehicle is removed from a rental fleet and sold as nonrental;

(h))) Nonconformity corrected or safety defect corrected as defined in RCW 19.118.021 (13) and (18);

(((i) Not eligible for road use as described in RCW 46.09.020.)) (h) Returned to manufacturer;

(i) Odometer - Not actual;

(j) Odometer - Exceeds mechanical limits;

(k) Repaired - Wrecker/insurance bill of sale.

(3) What brands are carried forward from the other states/jurisdictions by the department?

(a) Brands for states/jurisdictions participating in the National Motor Vehicle Title Information System (NMVTIS) program (known as "Standard Brands,") are maintained in the brands list by NMVTIS and include, but are not limited to:

(i) Rebuilt;

(ii) Junk;

(iii) Destroyed;

(iv) Salvage - Damaged;

(v) Salvage - Retention;

(vi) Salvage - Stolen;

(vii) Salvage - Other;

(viii) Flood damage;

(ix) Hail damage;

(x) Saltwater damage;

(xi) Totaled.

(b) Brands from states/jurisdictions not participating in NMVTIS that do not appear on the brands list maintained by NMVTIS (known as "unique brands") will be carried forward on Washington certificates of ownership and registration certificates exactly (or abbreviated if too long) as they appear on the foreign title.

More than one brand may appear on the vehicle registration or certificate of ownership.

((The department will carry forward all brands and jurisdiction codes shown on foreign certificates of ownership/titles. Brands that do not match Washington terminology or that are not listed below will be shown as "nonstandard." Brands carried forward from foreign certificates of ownership/titles may use the same terminology as a Washington brand, but may not have the same definition as the Washington brand. Other brands not used in Washington but carried forward from other jurisdictions are:

(A) Junk;

(B) Destroyed;

(C) Salvage.)) (4) Will a brand be applied to destroyed vehicles that have been sold on an out-of-state wrecker or insurance bill of sale, then repaired, and inspected? Yes. Vehicles not reported to DOL as destroyed and then sold using an insurance or wrecker bill of sale in lieu of a certificate of ownership/title, then brought into Washington from another jurisdiction that is not subject to reporting under RCW 46.12.070 repaired, and inspected will be branded ((in accordance with RCW 46.12.075 whether or not the vehicle had been reported as destroyed in any other jurisdiction)). The brand will appear as "repaired-wrecker/insurance bill of sale."

The jurisdiction code will be identified as "((XX)) WA."

(((3) What brands are carried forward from other jurisdictions? In addition to the brands listed in subsection (2) of this section, the department will apply the following brands assigned by other jurisdictions together with the applicable jurisdiction code: Destroyed, salvage, junk. Any other brands assigned by another jurisdiction will be identified by the words "nonstandard."

(4))) (5) Why is a brand used? A brand is used in the circumstances above for consumer protection. The brand is used to inform any subsequent owners of the current or former condition or use of the vehicle.

(((5))) (6) Will the department remove a brand? Brands stay on vehicle records indefinitely. The department will only remove a brand if((:

(a))) the brand was applied to a Washington certificate of ownership in error; or

(((b) A vehicle branded not eligible for road use has been modified according to the manufacturer specifications and federal and state standards in such a way to qualify the vehicle for highway use;

(c) The lemon law administrator certifies that a vehicle branded nonconformity uncorrected should be branded nonconformity corrected;

(d) The lemon law administrator certifies that a vehicle branded safety defect uncorrected should be branded safety defect corrected.)) (a) If a former rental brand was applied prior to the effective date of this rule, it will remain on the certificate of ownership and/or vehicle registration unless applied in error.

(((6))) (b) If a nonstandard brand was applied prior to the effective date of this rule, it will remain on the certificate of ownership and/or vehicle registration unless applied in error.

(7) Where are brands located on the documents? ((The brand is)) Brands are located in the ((comments/))brands section of the certificate of ownership and vehicle registration. ((The)) Brands will display beginning with Washington issued brands, followed by unique brands, then standard brands. If applicable, "WA REBUILT" will show as a banner across the certificate of ownership.

(((7))) (8) What is a comment? For the purposes of this section a comment is an indication on the certificate of ownership, vehicle title/registration application or vehicle registration certificate that relates to tax liability, type of ownership, title transaction type ((or a previous condition of the vehicle)).

(((8))) (9) What comments could the department print on certificates of ownership?

(a) Comments relating to the ownership that include: Bonded, leased, JTWROS.

(b) Comments relating to tax liability that include: Use tax waived - gift, value code, value year.

(c) Comments relating to the type of title transaction, which include duplicate, and reprint.

(d) Miscellaneous comments that include: ((Safety defect uncorrected, safety defect corrected, nonconformity uncorrected, nonconformity corrected, return to manufacturer,)) Not eligible for road use.

(((9))) (10) What ((brands and/or)) comments could the department print on vehicle registration certificates? ((Brands and/or)) Comments printed on vehicle registration certificates may include, but are not limited to:

(a) (("Vehicle Driver And Owner Subject To Federal Drug Program" Title 49 CFR Part 382;

(b) "Rebuilt" or "WA REBUILT";

(c))) "CVSEF PAID" or "commercial vehicle safety enforcement fee paid";

(((d))) (b) "Because scale weight exceeds gross weight, D.O.T. permit also required";

(((e))) (c) "Commercial vehicle safety enforcement fee not paid";

(((f))) (d) "Display tab on back license plate" only - front plate is still required;

(((g))) (e) "*Check vehicle data base record for actual expiration date";

(((h))) (f) "Replica";

(((i))) (g) "Proof of FHVUT verified";

(((j) "Safety defect";

(k) "Safety defect corrected";

(l) "Nonconformity uncorrected";

(m) "Nonconformity corrected";

(n))) (h) "No title issued" or "no title issued - ownership in doubt";

(((o))) (i) "Excise exempt NRM";

(((p))) (j) "Excise exempt native American";

(((q))) (k) "Excise exempt van pool";

(((r))) (l) "Excise exempt rideshare";

(((s))) (m) "Registration only";

(((t))) (n) "Prorated gross weight to be more than 16,000";

(((u))) (o) "Additional owners on record";

(((v))) (p) "Not eligible for road use";

(((w))) (q) "Perm plt";

(((x))) (r) "Use tax waived: Gift";

(((y) "Return to mfg.";

(z))) (s) "Permanent fleet vehicle";

(((aa))) (t) "*Perm";

(((bb))) (u) "Color";

(((cc))) (v) Comments relating to the ownership; bonded, leased, JTWROS, registration only;

(((dd))) (w) Tax liability DAV, native American, NRM, value code/year, use tax option, rideshare, POW, tax code 95, double transfer;

(((ee))) (x) Title transaction type duplicate, reprint, NTI, dual registration, corrected title data, corrected registration;

(((ff))) (y) Miscellaneous gift, ride, previous plate VIN flag, farm vehicle restrictions, Federal Drug Program (Title 49 CFR Part 382) vehicle color, odometer code, RETURN TO MFG, not eligible for road use (NEFRU).

(((10))) (11) What comments would the department carry forward from other jurisdictions? The department does not carry forward comments assigned by other jurisdictions.

(((11))) (12) Why are comments used? Comments are used for consumer protection, to inform any subsequent owners and vehicle licensing personnel of the current tax liability, type of ownership, or title transaction type or other pertinent information.

(((12))) (13) Will the department remove a comment? The department will remove a comment if:

(a) The comment was applied in error; or

(b) The comment no longer applies.

[Statutory Authority: RCW 46.01.110. 02-19-016, 308-56A-530, filed 9/9/02, effective 10/10/02.]

Washington State Code Reviser's Office