WSR 06-22-025

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed October 25, 2006, 8:08 a.m. , effective November 25, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Rule making is required to add language to the rule to include eliminating certain vehicle use classes from requiring a Washington state patrol vehicle identification inspection and to facilitate the microfiche reduction of record retention from twenty years to six years plus the current year.

Citation of Existing Rules Affected by this Order: Amending WAC 308-56A-115, 308-56A-150, and 308-56A-210.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 06-17-069 on August 11, 2006.

Changes Other than Editing from Proposed to Adopted Version: We added back into the language in subsection (4)(b) WAC 308-56A-150 the length of a vehicle inspection for vehicle dealers.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 3, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 24, 2006.

Liz Luce

Director

OTS-9101.2


AMENDATORY SECTION(Amending WSR 03-05-081, filed 2/19/03, effective 3/22/03)

WAC 308-56A-115   Vehicles from ((jurisdiction)) a state or country other than Washington.   (1) What ownership documents are required to title and license a vehicle not currently titled or licensed in the state of Washington?

(a) If a vehicle is titled in another state, the application for certificate of ownership must be accompanied by the most current title issued by that state.

(b) If the vehicle was acquired from an agency of the United States government, the federal ownership document issued by the United States government must accompany the application for certificate of ownership. When a bill of sale covers more than one vehicle, a photocopy may be accepted when:

(i) United States federal government already registered and/or titled in Washington with an FED use class, the purchaser needs a bill of sale and the current registration for an NTI or when title is issued in Washington, need title properly released.

(ii) A ((secured)) secure odometer disclosure completed only by the transferee/buyer if the vehicle falls within the federal odometer criteria.

(c) If a vehicle is titled in another country, the application for certificate of ownership must be accompanied by the most current ownership document issued by that ((jurisdiction)) country. If the country from which the vehicle is imported cancels the vehicle title and/or registration for export, the application for certificate of ownership must be accompanied by documents showing proof of ownership and evidence of the cancellation.

(d) If a member of the United States armed forces owns the vehicle and the vehicle has been registered by a United States government military entity, the application for certificate of ownership must be accompanied by the registration certificate as proof of ownership. If there is a lien holder, the armed forces member must provide the lien holder information at the time of application.

(2) What ownership documents are required to obtain a certificate of ownership for a vehicle from a nontitling ((jurisdiction)) state or country?

(a) If the vehicle is from a ((jurisdiction)) state or country that by policy or law does not title a specific vehicle, but does register it, the department will accept the registration as an ownership document. If the applicant is not the owner shown on the registration, a bill of sale or release of interest is also required.

(b) If the vehicle is from a ((jurisdiction)) state or country that neither registers nor titles, the department will accept a statement from the applicant certifying when and where they purchased the vehicle, and that the previous ((jurisdiction)) state or country does not title or register this type of vehicle. A bill of sale is required for vehicles brought in from ((such jurisdiction)) any state or country. A statement certifying how the vehicle was acquired must be submitted at the time of application. The Washington certificate of ownership may contain a special notation if issued under these circumstances. If the bill of sale is not available, ownership in doubt procedures from WAC 308-56A-210 apply.

(3) What if I am unable to locate a record of my vehicle in any ((jurisdiction)) state or country? If there is no indication that your vehicle is from a nontitle or nonregistration ((jurisdiction)) state or country, and no ((jurisdiction has a)) record of your vehicle is found, you may follow ownership in doubt procedures in WAC 308-56A-210.

(4) What is required to title a vehicle from a titling ((jurisdiction)) state or country that has refused to issue a title document for a specific vehicle? If the ((jurisdiction)) state or country has refused to issue title, Washington may require the customer to comply with ownership in doubt procedures from WAC 308-56A-210 except those in WAC 308-56A-210(2). In those cases where a title was refused for reasons not applicable to Washington, the department may consider issuing a title with the appropriate documentation.

(5) What documentation is required in addition to the ownership document if my vehicle is from a foreign country? In addition to the ownership document, the application for certificate of ownership must be accompanied by:

(a) An approved United States Department of Treasury Customs Service form properly executed authorizing the vehicle entry into this country. Applications for certificate of ownership for vehicles imported from Puerto Rico need not be accompanied by a customs document;

(b) An English translation for any document provided which is not in the English language. The translator shall provide a notarized/certified affidavit attesting to the accuracy of the translation;

(c) A release of interest from the owners shown on the ownership documents, as provided in WAC 308-56A-210, if the applicant is not the owner shown.

[Statutory Authority: RCW 46.01.110. 03-05-081, 308-56A-115, filed 2/19/03, effective 3/22/03; 01-20-010, 308-56A-115, filed 9/20/01, effective 10/21/01; 99-01-014, 308-56A-115, filed 12/7/98, effective 1/7/99; 93-14-084, 308-56A-115, filed 6/30/93, effective 7/31/93; Order MV 208, 308-56A-115, filed 7/31/74.]


AMENDATORY SECTION(Amending WSR 04-08-002, filed 3/24/04, effective 4/24/04)

WAC 308-56A-150   Certificate of vehicle inspection.   (1) When is a certificate of vehicle inspection required? A certificate of vehicle inspection, completed by the Washington state patrol or other authorized inspector, must accompany the application for certificate of ownership and include the applicable statutory inspection fee whenever the applicant's vehicle is:

(a) Reported destroyed since the last certificate of ownership was issued;

(b) A homemade, assembled, or rebuilt vehicle not previously titled as such;

(c) One whose identification number needs verification as requested by the department, county auditor, or authorized agent;

(d) A kit vehicle not previously titled as such (if no vehicle identification number (VIN) previously assigned);

(e) A street rod not previously titled as such;

(f) A glider kit not previously titled as such;

(g) Subject to ownership in doubt described in WAC 308-56A-210(1) except those in WAC 308-56A-210(2);

(h) One which the Washington crime information center (WACIC) or National Crime Information Center (NCIC) indicates may be stolen; ((or))

(i) One for which the WACIC/NCIC has failed to respond to the stolen vehicle search required by chapter 46.12 RCW; or

(j) Inspections are not required for snowmobiles or mobile homes.

(2) Is there a fee charged for a VIN inspection? Yes, the amount of the fee is established in RCW 46.12.040. The fee is not due when:

(a) The out-of-state fee authorized by chapter 46.12 RCW has been collected on the same application; or

(b) The Washington state patrol or department of licensing has determined that the fee is not due.

(3) Who is authorized to perform a vehicle inspection? Vehicle inspections may be performed by:

(a) The Washington state patrol;

(b) Other entities or individuals designated by the director if the vehicle is located in ((a foreign)) another state or country and the requirement for inspection by the Washington state patrol will cause undue hardship.

(4) How long is a vehicle certificate of inspection valid? The vehicle certificate of inspection is valid for the following periods of time after the inspection date:

(a) Sixty days for vehicles:

(i) Reported destroyed;

(ii) Homemade, assembled, rebuilt, street rods, kit vehicles and glider kits;

(iii) If the identification number needs verification, has been removed, defaced, altered, destroyed, illegible or missing;

(iv) With no Washington record or no manufacture certificate/statement of origin (MCO/MSO)((.

(v))) except those in WAC 308-56A-210(2);

(v) Referred for inspection for any reason not listed.

(b) Three hundred sixty-five days for a ((vehicle held in inventory for resale by a)) licensed vehicle dealer.

[Statutory Authority: RCW 46.01.110, 46.16.125, 46.16.225, 46.16.276, 46.16.060, 46.16.600, 43.17.060. 04-08-002, 308-56A-150, filed 3/24/04, effective 4/24/04. Statutory Authority: RCW 46.01.110, 46.12.040, 46.16.216. 03-12-006, 308-56A-150, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 46.01.110. 03-05-081, 308-56A-150, filed 2/19/03, effective 3/22/03; 01-20-010, 308-56A-150, filed 9/20/01, effective 10/21/01. Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 99-21-098, 308-56A-150, filed 10/20/99, effective 11/20/99. Statutory Authority: RCW 46.01.110. 97-07-014, 308-56A-150, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 91-04-024, 308-56A-150, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.110. 85-06-011 (Order TL/RG 11), 308-56A-150, filed 2/22/85; Order MV 208, 308-56A-150, filed 7/31/74.]


AMENDATORY SECTION(Amending WSR 03-05-081, filed 2/19/03, effective 3/22/03)

WAC 308-56A-210   Ownership in doubt.   (1) What does an applicant do when an acceptable release of interest or documentation as defined in WAC 308-56A-265 is not available? When an applicant is unable to provide an acceptable release of interest or documentation, the applicant may:

(((a) Petition any district or superior court of any county of this state to receive a judgment awarding ownership of the vehicle. Such judgment is required if ownership of the vehicle is contested after the applicant makes application for ownership in doubt and before the three-year ownership in doubt period has lapsed; or

(b))) Apply for registration only or bonded ((certificate of ownership)) title as described in this rule ((if a judgment is unavailable as described in (a) of this subsection)). The applicant must:

(((i))) (a) Provide evidence of ownership of the vehicle such as, but not limited to, a bill of sale;

(((ii))) (b) Obtain a Washington state patrol vehicle identification number (VIN) inspection;

(((iii))) (c) Make a reasonable effort to determine ownership of the vehicle by writing to the agency that issued the last known certificate of ownership or registration. For purposes of this section, an individual purchaser or transferee of a vehicle may request the name and address of the owner(s) of record for that vehicle from the department by satisfying (b)(i) of this subsection and completing a form (Vehicle/Vessel disclosure request) approved by the department. When the department is satisfied the request is for obtaining proper release of interest, the department may disclose the name(s) and address of the last owner(s) of record for that vehicle.

(((A))) (i) If a record is found, the applicant must send a certified or registered letter, return receipt requested, to each owner and secured party of record at the address shown on the last record. The letter must contain information regarding the sender's claim to ownership and a request for the released certificate of ownership or a notarized or certified release of interest.

(((B))) (ii) If the previous owner does not respond within fifteen days after acknowledged receipt or the letter was returned unclaimed, the applicant must provide the form titled ((Affidavit of Request for Bonded Title or Registration without Title)) Application for Ownership in Doubt, explaining how the vehicle was acquired;

If no record is found, the applicant must provide the completed form titled, ((Affidavit of Request for Bonded Title or Registration without Title)) Application for Ownership in Doubt.

(((iv))) (d) Determine whether to ((bond the vehicle and apply for a certificate of ownership)) apply for a bonded title or apply for registration only. A ((bond)) bonded title is required if the ((seller of the vehicle)) applicant is a Washington state vehicle dealer ((or in lieu of the judgment described in (a) of this subsection if there is evidence of a security agreement on the last record found)). A bond ((shall)) must be for a period of three years from the date of application and be in the amount of one and one-half times the value of the vehicle as determined by one of the following:

(((A))) (i) Information provided by any guide book or other publication of recognized standing in the vehicle industry; or

(((B))) (ii) A value that is agreeable to the applicant and verifiable by the authorized department agent or employee.

(2) Are there exceptions to the VIN inspection requirement? Yes, the following vehicles are exempt from a VIN inspection if there is a Washington vehicle record and the customer presents a certificate of ownership or registration certificate issued by Washington, or another state, or country, or if there is no Washington vehicle record (for proof of VIN) and the customer presents a title or registration certificate issued by Washington state or other state or country unless from a state or country that neither registers nor titles as described in WAC 308-56A-115:

(a) Moped;

(b) Trailer with scale weight less than 2,000 pounds;

(c) Off-road and nonhighway vehicles not originally manufactured for road use if model year is ten years old or older;

(d) Travel trailer if model year is ten years old or older;

(e) Camper model year is ten years old or older;

(f) Manufactured homes of any age.

(3) How can I provide proof of my vehicle's identification number? An Application for Ownership in Doubt form approved by the department must be completed:

(a) For a vehicle that has an embossed VIN:

(i) A VIN pencil or pen scraping for those vehicles listed above is required; or

(ii) An approved photograph of the VIN is provided; and

(b) For a vehicle that does not have an embossed VIN, the Application for Ownership in Doubt form stating the VIN and how the VIN is attached to the vehicle.

(c) In the absence of either (a) or (b) of this subsection, a VIN inspection is required.

(4) If I have a bonded ((certificate of ownership)) title, how can I get a certificate of ownership (title) without the bonded notation? In order to get a certificate of ownership without the bonded notation((, you may)):

(a) Submit the properly endorsed certificate of ownership or a satisfactory release of interest and make application to the department anytime during the three-year period; or

(b) After the three-year period, make application to the department.

(((3))) (5) If I have a three-year registration only, how can I obtain a certificate of ownership? ((In order)) To receive a certificate of ownership((, you may)):

(a) Submit the properly endorsed certificate of ownership or a satisfactory release of interest and make application to the department anytime during the three-year period; or

(b) After the three-year period, make application to the department.

(((4))) (6) May I sell a vehicle with a bonded ((certificate of ownership)) title or a three-year registration only? Yes. A bonded ((certificate of ownership)) title may be released and provided to the buyer the same as any other certificate of ownership. There is a possibility that a Washington bonded ((certificate of ownership)) title may not be accepted by another state. If the other state has a similar program, they may issue their own type of bonded certificate of ownership. If there is a registration only, provide the buyer with a notarized or certified release of interest. The new owner may either provide a judgment ((as described in subsection (1)(a) of this section)) from a district or superior court of Washington or wait until the expiration of the time remaining on the previous ownership in doubt period and then make application for the certificate of ownership. If a notarized/certified release of interest cannot be obtained from the current registered owner, the new owner must start over with a new three-year bonded or registration only process.

Licensed vehicle dealers cannot lawfully sell vehicles that are registration only.

[Statutory Authority: RCW 46.01.110. 03-05-081, 308-56A-210, filed 2/19/03, effective 3/22/03; 99-01-014, 308-56A-210, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 42.17.250(1), 46.01.110, 46.12.151 and 46.12.380. 96-03-047, 308-56A-210, filed 1/11/96, effective 2/11/96; Order MV 208, 308-56A-210, filed 7/31/74.]

Washington State Code Reviser's Office