WSR 05-13-120

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed June 20, 2005, 3:35 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-08-004.

Title of Rule and Other Identifying Information: WAC 308-66-160 Dealer's and manufacturer's license plates.

Hearing Location(s): Dealer and Manufacturer Services, 2424 Bristol Court S.W., 3rd Floor Conference Room, Olympia, WA 98502, on July 26, 2005, at 1:30 p.m.

Date of Intended Adoption: August 2, 2005.

Submit Written Comments to: Kim Johnson, P.O. Box 9039, Olympia, WA 98507, e-mail kijohnson@dol.wa.gov, fax (360) 586-6703, by July 20, 2005.

Assistance for Persons with Disabilities: Contact Linda Whipple by July 20, 2005, TTY (360) 664-0116 or (360) 664-6455.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To allow vehicle manufacturers to use their manufacturer's license plates to test vehicles.

Statutory Authority for Adoption: RCW 46.70.160.

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

Name of Proponent: Department of Licensing, governmental.

Name of Agency Personnel Responsible for Drafting: Cal Sanders, 2424 Bristol Court, Olympia, WA 98502, (360) 664-6459; Implementation: Chuck Coach, 2424 Bristol Court, Olympia, WA 98502, (360) 664-6453; and Enforcement: Daniel Devoe, 2424 Bristol Court, Olympia, WA 98502, (360) 664-6451.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no small business impact.

A cost-benefit analysis is not required under RCW 34.05.328. There is no impact for the Department of Licensing or small business.

Daniel Devoe

Administrator

OTS-8109.1


AMENDATORY SECTION(Amending WSR 04-16-090, filed 8/3/04, effective 9/3/04)

WAC 308-66-160   Dealer's and manufacturer's license plates.   (1) When dealer's plates are used on any vehicle being demonstrated to a prospective customer, it is not necessary that the dealer or a member of his firm accompany the prospective customer except as provided in RCW 46.70.090 (7)(c). Prospective customers, when not accompanied by a dealer or member of his firm, must be issued a demonstration permit by the dealer authorizing them to operate the vehicle for a period not to exceed seventy-two hours for the purpose of demonstration and possible purchase.

(2) When a dealer receives a vehicle bearing foreign license plates, such plates must be covered by the dealer's plates while that vehicle is being demonstrated. Upon the sale of the vehicle, the foreign plates shall be removed and destroyed by the dealer prior to the delivery of the vehicle. When foreign-plated vehicles are sold to residents of a state whose plate is so displayed on the vehicle and the purchaser returns the vehicle immediately to his home state for use there and not in Washington, the dealer may deliver the vehicle with foreign plates attached if either one of two conditions is also met. The conditions are:

(a) The purchaser must sign a nonresident affidavit to apply to their home state's vehicle licensing authority to register the vehicle in their own name, or

(b) The purchaser must have obtained a trip permit to move the vehicle from the dealer's place of business to the purchaser's own state.

(3) A dealer, corporate officer, member of a limited liability company; or spouse of the dealer, corporate officer, or member of a limited liability company; or an employee of a dealer must carry a vehicle dealer identification card when operating any vehicle bearing dealer plates.

(4) Dealer plates may not be used on any vehicle belonging to a member of the dealer's family.

(5) Dealer plates may not be used on any vehicle owned by the dealer if such vehicle is used exclusively by members of the dealer's family.

(6) Vehicles bearing dealer's plates may not be loaned to the dealer's service customers.

(7) Dealers are required to provide accurate records reflecting the use of dealer plates.

(8) Pursuant to RCW 46.70.090, testing vehicles for repair is limited to testing for a preexisting, identifiable problem known to the vehicle dealer or manufacturer before the testing is to begin. In addition, vehicle manufacturers may test vehicles for purposes of product evaluation/performance and problem identification, as long as loads are within the legal limits, no commercial hauling is involved, and a company employee with identification is driving the vehicle.

[Statutory Authority: RCW 46.70.160. 04-16-090, 308-66-160, filed 8/3/04, effective 9/3/04; 98-20-039, 308-66-160, filed 9/30/98, effective 10/31/98; 96-19-025, 308-66-160, filed 9/9/96, effective 10/10/96. Statutory Authority: RCW 46.70.160 and 46.70.090. 91-20-057, 308-66-160, filed 9/24/91, effective 10/25/91. Statutory Authority: RCW 46.70.160. 86-21-025 (Order DLR-114), 308-66-160, filed 10/8/86; Order MV 170, 308-66-160, filed 7/16/73; Order 70-08-04, 308-66-160, filed 8/6/70; Order 69-1, 308-66-160, filed 8/28/69; Order 2, 308-66-160, filed 1/29/68.]

Washington State Code Reviser's Office