WSR 06-16-004

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed July 20, 2006, 8:14 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-09-019 [06-09-018].

Title of Rule and Other Identifying Information: Chapter 308-94A WAC, Off-road and nonhighway vehicles, specifically WAC 308-94A-005 Certificates of ownership and registration.

Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on September 8, 2006, at 10:00 a.m.

Date of Intended Adoption: October 3, 2006.

Submit Written Comments to: Dale R. Brown, P.O. Box 2957, Mailstop 48200, 1125 Washington Street S.E., Olympia, WA 98507-2957, e-mail dbrown@dol.wa.gov, fax (360) 902-0140, by September 4, 2006.

Assistance for Persons with Disabilities: Contact Dale R. Brown by September 4, 2006, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is required to correct language and make the rule more clear.

Reasons Supporting Proposal: Normal rule review schedule requires clarifying language to make it easier to understand.

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: Dale Brown, 1125 Washington Street S.E., Olympia, WA, (360) 902-4020; Implementation and Enforcement: Toni Wilson, 1125 Washington Street S.E., Olympia, WA, (360) 902-3811.

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.

July 17, 2006

Julie Knittle, Administrator

Title and Registration Services

OTS-8988.1


AMENDATORY SECTION(Amending WSR 01-13-008, filed 6/8/01, effective 7/9/01)

WAC 308-94A-005   Certificates of ownership and registration.   (1) ((May I apply for a certificate of ownership for my off-road/nonhighway vehicle? Yes, you may apply for a certificate of ownership at your Washington vehicle licensing office or through the department. If the vehicle is not eligible for road use, the certificate of ownership will show not eligible for road use.)) Is a certificate of ownership issued for off-road and nonhighway vehicles? Yes, a certificate of ownership is issued using the same laws, rules, and procedures for other classes of vehicles. The certificate of ownership will indicate the brand "not eligible for road use," if a vehicle is not manufactured for road use.

(2) ((Do I have to purchase registration when applying for certificate of ownership? No, if you choose not to purchase registration when titling your vehicle, the record will be established without a road or off-road/nonhighway vehicle registration.)) What are the licensing options for off-road and nonhighway vehicles described in RCW 46.09.020? Licensing options include:

(a) If your vehicle is licensed for road use under chapter 46.16 RCW:

(i) Your license plates will be valid for off-road use, but you may need an ORV license in designated areas;

(ii) You may purchase an annual or temporary off-road use permit.

(b) If your vehicle is not manufactured for road use, you may only purchase an annual or temporary off-road use permit;

(c) You may choose to title your vehicle without licensing it.

(3) What ((are the different ways I may register my)) is an off-road/nonhighway vehicle use permit? ((You may register your off-road/nonhighway vehicle in one of the following ways:

(a) If the manufacturer's statement of origin or certificate of ownership indicates the vehicle is not eligible for road use, you may only purchase an off-road use permit (registration);

(b) If your vehicle is eligible for road use under chapter 46.16 RCW you may purchase registration for road use off-road use or both; or

(c) If your vehicle is not licensed for off-road use, you may purchase a temporary off-road vehicle permit.)) (a) The temporary off-road/nonhighway use permit authorized under RCW 46.09.070 is:

(i) Valid for sixty days from the date of application;

(ii) Available to nonresidents and Washington residents who choose not to annually license their ORV;

(iii) Not transferable to another vehicle.

(b) The permanent off-road/nonhighway use permit authorized under RCW 46.09.070 is:

(i) Valid for one year from the date of application;

(ii) Available to residents of Washington who choose to annually license their ORV;

(iii) Not transferable to another vehicle.

(4) ((What information does the department require I apply for an off-road/nonhighway vehicle use permit? An application for an off-road/nonhighway vehicle use permit must include the following:

(a) Name and address of the applicant;

(b) Off-road or nonhighway vehicle plate or registration number if registered in another state;

(c) Make and year of vehicle;

(d) Expiration date of the foreign state registration;

(e) Vehicle identification number;

(f) Appropriate fees; and

(g) Signature of the registered owner(s).

(5) Where do I carry the temporary or annual off-road/nonhighway use permit? The permit may be carried by the operator or in a moisture proof protective case attached to the vehicle. The use permit must be made available at all times for inspection by any person having the authority to enforce the provisions of the Off-Road and Nonhighway Vehicle Act.

(6))) What do I do with the annual or temporary off-road permit? The permit must be:

(a) Carried on the vehicle whenever in use;

(b) Made available to any law enforcement officer on request.

(5) May I operate my off-road/nonhighway vehicle using a temporary or annual vehicle use permit on any dirt or gravel road, or trail in Washington? ((It is recommended you check with local, state, or federal authorities in the areas you intend to operate to insure you are operating in accordance with their requirements.)) No, there may be different requirements, depending upon the jurisdiction control of the dirt, gravel road, or trail area. It is recommended you check with local, state, or federal authorities in the areas you intend to operate the vehicle to ensure you are operating in accordance with their requirements.

[Statutory Authority: RCW 46.01.110. 01-13-008, 308-94A-005, filed 6/8/01, effective 7/9/01; 99-24-013, 308-94A-005, filed 11/22/99, effective 12/23/99.]

Washington State Code Reviser's Office