WSR 05-18-096

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 7, 2005, 11:26 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-10-077.

Title of Rule and Other Identifying Information: WAC 308-56A-030 Owner name and address--Recorded on vehicle record -- Application for certificate of ownership, 308-56A-040 Name and address -- Change of address and 308-56A-500 Definitions; and new WAC 308-96A-096 Registration requirements.

Hearing Location(s): Department of Licensing, Conference Room 406, 1125 Washington Street S.E., Olympia, WA 98507, on October 26, 2005, at 10:00 a.m.

Date of Intended Adoption: November 22, 2005.

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 October 24, 2005.

Assistance for Persons with Disabilities: Contact Dale R. Brown by October 24, 2005, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: EHB 1241 passed by the 59th legislature changed the requirements to obtain a vehicle registration or certificate of ownership. Rule making is required to notify the public of procedures that need to be followed to meet these new requirements.

These requests include presenting a driver's license before receiving a registration.

Some revisions to existing rules, WAC 308-56A-030, 308-56A-040 and 308-56A-500, are needed to be compatible with these changes.

Statutory Authority for Adoption: RCW 46.16.010.

Statute Being Implemented: RCW 46.16.010.

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

Name of Proponent: None.

Name of Agency Personnel Responsible for Drafting: Steve Boruchowitz, 1125 Washington Street S.E., Olympia, WA, (360) 902-3629; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, WA, (360) 902-4045.

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.

Steve Boruchowitz, Manager

Policy and Project Office

OTS-8331.3


AMENDATORY SECTION(Amending WSR 04-07-168, filed 3/23/04, effective 4/23/04)

WAC 308-56A-030   Owner name and address -- Recorded on the vehicle record registration -- Application for certificate of ownership.   (1) What registered owner and lien holder or secured party information is required on the vehicle record registration - application for certificate of ownership (title)?

((Effective April 23, 2004,)) The vehicle record, registration and application for certificate of ownership (title) must include:

(a) The name of each registered owner (((individual(s))) natural person or business) of the vehicle and, if the vehicle is subject to a lien or other security interest, the name of each secured party;

(b) The registered owner's primary residence street address (at the choice of the registered owner, a mailing address if different from the residence address can also be given); and

(c) The primary secured party's mailing address.

(2) Is there other information I am required to provide before I can obtain a certificate of ownership (title) or registration?

Yes. Before the department can issue a certificate of ownership (title) or registration, one of the following, in addition to the requirement listed in subsection (1) of this section, must be provided for each registered owner:

(a) Presentation of an unexpired Washington state driver's license; or

(b) Certification that he or she is:

(i) A Washington resident who does not operate a motor vehicle on public roads; or

(ii) Exempt from the requirement to obtain a Washington state driver's license under RCW 46.20.025.

(3) What does primary residence mean for ((an individual owner and)) a registered owner ((that is)) who is a natural person or a business?

(a) (("Primary residence" means the domicile of the registered owner.

(b))) In the case of ((an individual, the term "domicile")) a natural person, it means the person's true, fixed and permanent home ((and place of habitation)) in Washington. This does not include secondary or vacation homes where a vehicle is garaged or used. The department will presume that a registered owner's primary residence is the same as the address used in driver's license records ((and)) or voter registration records.

(c) In the case of a business, ((the term "domicile")) it means the principal place in Washington from which the licensed trade or business of the registered owner is directed, managed, or conducted. Businesses with multiple Washington licensed business locations should use the licensed business location where the service vehicles owned and operated by the business are directed, managed, garaged, stored or maintained.

(((3))) (4) Do the addresses for the application for certificate of ownership, vehicle record and registration need to conform to United States Postal Service (USPS) standards?

Yes. USPS address standards must be used on all vehicle records, registrations, and certificates of ownership.

(((4))) (5) Are there exceptions to the requirement to provide a primary residence street address?

Yes. Exceptions will be made for:

(a) ((Overseas mailing addresses for military personnel, e.g., Army or Air Force Personnel Post Office (APO) or Fleet Post Office (FPO) will be accepted;

(b) Members of the address confidentiality program administered through the secretary of state's office; or

(c) Those who do not have USPS mail delivery available at their primary residence street address.

(5))) Persons who are exempt by law from paying motor vehicle excise tax or fees.

(b) Vehicles that are exempt by law from paying motor vehicle excise tax or fees.

(c) Natural persons who are homeless; defined as someone with no housing.

(d) Other exceptions may apply as determined appropriate by the director or his or her designee.

(6) Will the department renew a vehicle registration if the registered owner does not provide a primary residence street address?

No. ((For purposes of determining if local taxes are due,)) The registered owner's primary residence street address is required for vehicle registration renewals unless ((one of the)) an exception((s)) specified in ((subsection (4) of)) this section is met ((and the completed and signed Certificate of Fact for Address Verification, in the form of a declaration under penalty of perjury, is filed with the department)).

(((6))) (7) What will the department do if ((it becomes aware that there is)) presented with documentation or other information to indicate there may be an error in the primary residence street address provided?

The department will flag the vehicle record and the registered owner will be required, prior to the time of next renewal, to ((provide information to reconcile any discrepancy)):

(a) Show a residential utility bill, driver license or other documentation that verifies the primary residence street address; and

(b) Complete and sign a declaration under penalty of perjury on a form developed by the department.

(((7))) (8) Can more than one address be shown on the vehicle record or application if there are multiple registered owners with different addresses?

No. ((Only one address for the registered owner will be shown on the vehicle record.)) The department can store the primary residence address and separate mailing address (if applicable) for only one of the registered owner(s).

(((8))) (9) Can more than one address be shown on the vehicle record ((of)) or application if there is more than one secured party?

No. Only one address for the primary secured party will be shown on the vehicle record.

(((9))) (10) Is the applicant or registered owner required to certify the truth of the address information contained in the application for certificate of ownership or vehicle renewal?

((Yes,)) No. The applicant or registered owner ((must)) will only be required to complete and sign a ((Certificate of Fact for Address Verification, in the form of a)) declaration under penalty of perjury on a form developed by the department when the department has been presented with documentation or other information to indicate there may be an error in the address information provided and the vehicle record has been flagged.

(11) What is the penalty if the applicant or registered owner provides false address information?

A person providing false residency information is guilty of a gross misdemeanor punishable by a fine of five hundred twenty-nine dollars.

(12) Is my residence address subject to public disclosure?

Where both a mailing address and a residence address are recorded on the vehicle record and are different, only a mailing address will be disclosed. Both addresses will be disclosed in response to requests from courts, law enforcement agencies, or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business.

[Statutory Authority: RCW 46.01.110. 04-07-168, 308-56A-030, filed 3/23/04, effective 4/23/04; 03-05-081, 308-56A-030, filed 2/19/03, effective 3/22/03; 99-01-014, 308-56A-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 46.01.110, 88.02.100, 46.10.040, 46.12.030, 46.16.040, 88.02.050 and 88.02.070. 96-04-004, 308-56A-030, filed 1/25/96, effective 2/25/96; 95-13-058, 308-56A-030, filed 6/19/95, effective 7/20/95; Order MV 208, 308-56A-030, filed 7/31/74.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 04-07-168, filed 3/23/04, effective 4/23/04)

WAC 308-56A-040   Name and address -- Change of address.   (1) If the registered owner's address changes, does the owner need to notify the department?

Yes.

(2) What information does the registered owner need to provide to the department if their address changes?

The owner must provide the department with ((the following information)):

(a) The registered owner's name (((individual(s))) natural person or business) as it appears on the vehicle record(s);

(b) The license plate number or vehicle identification number (VIN) of each vehicle; and

(c) The new street address for the primary residence and at the choice of the registered owner, a separate mailing address if different from the primary residence address as defined in WAC 308-56A-030(2) with at least a five digit zip code and preferably a nine digit zip code((; and

(d) The county of the new address)).

(3) Are there exceptions to the requirement to provide a primary residence street address on the department's change of address form?

Yes. To be exempt from the requirement to provide the primary resident street address, the registered owner must meet one of the exceptions in WAC 308-56A-030(4) and complete and sign a ((Certificate of Fact for Address Verification, in the form of a declaration under penalty of perjury, that at least one of the exceptions in WAC 308-56A-030(4) is met. The department shall provide the required form of address verification)) form developed by the department indicating which exception they meet.

(4) Does the address need to conform to United States Postal Service (USPS) standards?

Yes. USPS address standards must be used on all vehicle records, registrations, and certificates of ownership.

(5) Is the registered owner required to certify the truth of the information provided when using the department's change of address form?

((Yes, the owner must sign the department's change of address form, which includes certification under penalty of perjury that the information provided is true and correct.)) No. The registered owner will only be required to complete and sign a declaration under penalty of perjury on a form developed by the department if the department has been presented with documentation or other information to indicate that there may be an error in the address information provided and the vehicle record has been flagged.

(6) What is the penalty if the applicant or registered owner provides false address information when changing an address?

A person providing false residency information is guilty of a gross misdemeanor punishable by a fine of five hundred twenty-nine dollars.

(7) Is my residence address subject to public disclosure?

Where both a mailing address and a residence address are recorded on the vehicle record and are different, only a mailing address will be disclosed. Both addresses will be disclosed in response to requests from courts, law enforcement agencies, or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business.

[Statutory Authority: RCW 46.01.110. 04-07-168, 308-56A-040, filed 3/23/04, effective 4/23/04; 03-05-081, 308-56A-040, filed 2/19/03, effective 3/22/03; 99-01-014, 308-56A-040, filed 12/7/98, effective 1/7/99; 92-15-024, 308-56A-040, filed 7/6/92, effective 8/6/92; Order MV 208, 308-56A-040, filed 7/31/74.]


AMENDATORY SECTION(Amending WSR 05-07-152, filed 3/23/05, effective 5/15/05)

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.

(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.

(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.

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

(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.

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

(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.

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

(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.

(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.

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

(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.

(20) "Natural person" means a human being, as distinguished from an artificial person created by law.

(21) "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.

(((21))) (22) "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)) crime under state law ((and upon conviction shall be punished by a fine)).

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

(((23))) (24) "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).

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

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

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

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

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

(((29))) (30) "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.

(((30))) (31) "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.

(((31))) (32) "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))) (33) "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. 05-07-152, 308-56A-500, filed 3/23/05, effective 5/15/05; 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.]

OTS-8332.1


NEW SECTION
WAC 308-96A-096   Registration requirements.   (1) What is required when registering a vehicle in Washington?

(a) The name of each registered owner, (natural person or business) of the vehicle and, if the vehicle is subject to a lien or other security interest, the name of each secured party;

(b) The registered owner's primary residence street address (at the choice of the registered owner, a mailing address if different from the residence address can also be given); and

(c) The primary secured party's mailing address; and

(d) One of the following:

(i) Presentation of an unexpired Washington state driver's license; or

(ii) Certification that he or she is:

A Washington resident who does not operate a motor vehicle on public roads; or

Exempt from the requirement to obtain a Washington state driver's license under RCW 46.20.025.

For purposes of this section, shared or joint ownership includes all registered owners shown on the active vehicle record.

(2) For the purposes of this section, "presents" means:

(a) In person, to bring and display the unexpired Washington state driver's license to the department or its agents and subagents.

(b) For internet transactions, to enter the license number and expiration date from an unexpired Washington state driver's license.

(c) By mail, to provide in writing the license number and expiration date from an unexpired Washington state driver's license.

(3) For the purposes of this section, "valid and compelling" reasons include:

(a) Driving privilege has been withdrawn by the department or a court.

(b) A co-owner is not available. Circumstances to include, but not be limited to, being incarcerated or out-of-state due to work assignment or personal need.

(c) A co-owner is deceased. Application for a new certificate of ownership is required to show change in ownership.

(d) Persons who are divorced and the registered owner awarded the vehicle presents a divorce decree showing the vehicle was awarded to them. Application for a new certificate of ownership is required to show change in ownership.

(e) Active military stationed in a foreign country or otherwise not available to provide the information.

(f) Other reasons determined by the director or his or her designee to be valid and compelling.

(4) For the purposes of this section, a "natural person" may be a resident of this state even though that person has or claims residency in another state or intends to leave this state at some future time. A natural person will be presumed a resident if at least two of the following conditions are met:

(a) You maintain a residence in this state for personal use;

(b) You have a Washington state driver's license or a Washington state resident hunting or fishing license;

(c) You use a Washington state address for federal income tax or state tax purposes;

(d) You have previously maintained a residence in this state for personal use and have not established a permanent residence outside the state of Washington (for example, a person who retires and lives in a motor home or vessel which is not permanently attached to any property);

(e) You claim this state as residence for obtaining eligibility to hold a public office or for judicial actions;

(f) You are a custodial parent with a child attending public school in this state;

(g) The department may consider factors other than those listed in this subsection to determine that a person intends to be located in or be a resident of this state. However, the department may not consider those factors alone to presume residency;

(h) A natural person who is a resident of Washington may not form a corporation, trust or other entity in another jurisdiction for the purpose of evading Washington vehicle registration.

"Natural person" means a human being, as distinguished from an artificial person created by law.

(5) When registering a vehicle with joint or shared ownership, you must present the following for each registered owner shown on the active vehicle record:

(a) The license number from an unexpired Washington state driver's license; or

(b) Certification that you or the co-owner is a Washington resident who does not operate a motor vehicle on public roads; or

(c) Certificate that you or the co-owner is exempt from the requirement to obtain a Washington driver's license under RCW 46.20.025.

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Washington State Code Reviser's Office