WSR 07-16-126

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed August 1, 2007, 8:22 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-03-034.

Title of Rule and Other Identifying Information: Chapter 308-56A WAC, Certificates of title--Motor vehicles, etc.; WAC 308-56A-115 Vehicles from a state or country other than Washington.

Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on September 7, 2007, at 10:00 a.m.

Date of Intended Adoption: October 2, 2007.

Submit Written Comments to: Dale R. Brown, P.O. Box 2957, Mailstop 48205, 1125 Washington Street S.E., Olympia, WA 98507-2957, e-mail dbrown@dol.wa.gov, fax (360) 902-7821 or 902-7822.

Assistance for Persons with Disabilities: Contact Dale R. Brown by September 6, 2007, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is required to bring this rule in sync with other rules concerning ownership in doubt.

Reasons Supporting Proposal: Sync rules concerning ownership in doubt.

Statutory Authority for Adoption: RCW 46.01.110.

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

Name of Agency Personnel Responsible for Drafting: Dale R. Brown, 1125 Washington Street S.E., Olympia, WA, (360) 902-4020; Implementation and Enforcement: Gary VanCamp, 1125 Washington Street S.E., Olympia, WA, (360) 902-0122.

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.

August 1, 2007

Julie Knittle

Assistant Director

Vehicle Services

OTS-9875.1


AMENDATORY SECTION(Amending WSR 06-22-025, filed 10/25/06, effective 11/25/06)

WAC 308-56A-115   Vehicles from 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)) ownership documents.

(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)) either registered ((and/)) or titled in Washington with ((an)) a federal (FED) use class, the purchaser needs a bill of sale ((and the current registration)) for ((an)) a no title issued (NTI), or when title is issued in Washington, need title properly released.

(ii) A secure odometer disclosure completed only by the transferee((/)) and buyer if the vehicle falls within the federal odometer disclosure 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 country. If the country from which the vehicle is imported cancels the vehicle ((title and/or registration)) ownership document for export, the application for certificate of ownership must be accompanied by documents showing proof of ownership and evidence of the cancellation if available. If evidence of cancellation is not available, then a statement of fact by the owner is required.

(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 state or country?

(a) If the vehicle is from a 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 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 state or country does not title or register this type of vehicle. A bill of sale is required for vehicles brought in from 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,)) follow the ownership in doubt procedures from WAC 308-56A-210 ((apply)). The applicant must submit a statement indicating when and where they acquired the vehicle.

(3) What if I am unable to locate a record of my vehicle in any state or country? If there is no indication that your vehicle is from a nontitle or nonregistration state or country, and no 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 state or country that has refused to issue a title document for a specific vehicle? If the 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)) Department of Homeland Security U.S. Customs and Border Protection Entry Summary 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)) must provide a notarized((/)) or 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)) 308-56A-265, if the applicant is not the owner shown.

[Statutory Authority: RCW 46.01.110. 06-22-025, 308-56A-115, filed 10/25/06, effective 11/25/06; 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.]

Washington State Code Reviser's Office