WSR 06-22-058

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed October 30, 2006, 9:27 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-16-122.

Title of Rule and Other Identifying Information: Chapter 308-88 WAC, Rental car taxation and licensing and chapter 308-96A WAC, Vehicle licensing. Specifically, WAC 308-88-020 Application and registration of rental vehicle business and 308-96A-180 Registration of rental vehicles.

Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on December 5, 2006, at 2 p.m.

Date of Intended Adoption: January 2, 2007.

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 December 4, 2006.

Assistance for Persons with Disabilities: Contact Dale R. Brown by December 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 in these rules to comply with the way the department does business.

Reasons Supporting Proposal: The rules will comply with the way the department does business and language will be corrected.

Statutory Authority for Adoption: RCW 46.01.110.

Statute Being Implemented: RCW 46.87.023.

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

Name of Proponent:

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.

October 25, 2006

Julie Knittle, Administrator

Title and Registration Services

OTS-9326.1


AMENDATORY SECTION(Amending WSR 04-01-162, filed 12/22/03, effective 1/22/04)

WAC 308-88-020   Application and registration of rental vehicle businesses.   (1) What is required to become a rental vehicle business?

(a) Applicants must apply for a rental vehicle business license by submitting a completed master ((license)) business application to the department of licensing's master license service.

(b) A separate master ((license)) business application must be filed for each place of business operated as a rental vehicle business. For the purposes of this section, "place of business" means a physical location at which arrangements to rent a rental vehicle may be made.

(c) Businesses operating in the form of a corporation, limited liability company, limited liability partnership, or similar form of legal entity must register their legal entity through the office of the secretary of state before applying for a rental vehicle business license.

(2) What will I receive as proof that I qualified as a vehicle rental business? A rental vehicle business registration number will be issued to your business and displayed on the master license.

(3) Can I transfer my business registration number to another company? No. The rental vehicle business registration number issued through the master license service is not assignable or transferable, and is valid for the rental vehicle business the registration number (R-number) was issued to.

((Rental vehicles must be registered in Washington unless:

(a) Rented by a customer at a location outside of the state of Washington;

(b) The vehicle was dropped off at a Washington rental vehicle business by its previous renter and is being rented for a one-way trip out of Washington; or

(c) The vehicle is part of a properly registered International Registration Plan (IRP) rental vehicle business fleet.

(4) Does the current certificate of registration issued by the department need to be carried in the rental vehicle? A photocopy of the current certificate of registration may be carried in a rental vehicle in lieu of the original certificate of registration.

(5) Who may operate a rental vehicle? Rental vehicles may only be used by rental customers, unless the rental vehicle is being moved by the business to another business site, to or from maintenance or repair facilities, or for testing purposes.

(6) What does a rental vehicle business do when they remove a rental vehicle from their fleet? The rental vehicle business may submit a vehicle seller's report of sale that protects the seller of a vehicle from certain criminal and civil liabilities arising from use of the vehicle by another person after the vehicle has been sold or change in ownership has occurred.))

[Statutory Authority: RCW 46.01.110. 04-01-162, 308-88-020, filed 12/22/03, effective 1/22/04; 00-06-024, 308-88-020, filed 2/23/00, effective 3/25/00. Statutory Authority: ESHB 2964, 7(9). 93-01-066, 308-88-020, filed 12/11/92, effective 1/11/93.]

OTS-9327.1


AMENDATORY SECTION(Amending WSR 04-01-162, filed 12/22/03, effective 1/22/04)

WAC 308-96A-180   Registration of rental vehicles.   (1) What is a rental vehicle?

A rental vehicle is defined in RCW 46.04.465.

(2) Who registers a rental vehicle?

Any Washington vehicle licensing office registers rental vehicles.

(3) How will I register my rental vehicles?

Annual renewal of rental vehicle registration may be processed through any Washington vehicle licensing office or by mail by meeting the qualifications and paying the appropriate fees. The rental vehicle business registration number must be included on the vehicle registration. The name of the legal or registered owner on a rental vehicle registration must be identical to the business name displayed on the master license.

(4) Do rental vehicles operated in Washington need to be registered in Washington?

Rental vehicles must be registered in Washington unless:

(a) Rented by a customer at a location outside of the state of Washington; or

(b) The vehicle was dropped off at a Washington rental vehicle business by its previous renter and is being rented for a one-way trip out of Washington((; or

(c) The vehicle is part of a properly registered International Registration Plan (IRP) rental vehicle business fleet)).

(5) Does the current certificate of registration issued by the department need to be carried in the rental vehicle?

A photocopy of the current certificate of registration may be carried in a rental vehicle in lieu of the original certificate of registration.

(6) Who may operate a rental vehicle?

Rental vehicles may only be used by rental customers, unless the rental vehicle is being moved by the business to another business site, to or from maintenance or repair facilities, or for testing purposes.

(7) What does a rental vehicle business do when they remove a rental vehicle from their fleet?

The rental vehicle business may submit a vehicle seller's report of sale that protects the seller of a vehicle from certain criminal and civil liabilities arising from use of the vehicle by another person after the vehicle has been sold or a change in ownership has occurred.

[Statutory Authority: RCW 46.01.110. 04-01-162, 308-96A-180, filed 12/22/03, effective 1/22/04. Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490 and 46.16.276. 98-19-075, 308-96A-180, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 46.01.110 and 46.87.023. 95-15-028, 308-96A-180, filed 7/11/95 effective 8/11/95.]

Washington State Code Reviser's Office