WSR 07-18-015

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed August 24, 2007, 11:09 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-13-081.

Title of Rule and Other Identifying Information: Chapter 308-56A WAC, Certificates of title -- Motor vehicles, etc., specifically WAC 308-56A-140 Department temporary permit.

Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on October 10, 2007, at 11:00 a.m.

Date of Intended Adoption: November 6, 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, by October 9, 2007.

Assistance for Persons with Disabilities: Contact Dale R. Brown by October 9, 2007, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is required to update the rule with current owner retained destroyed vehicle practices.

Reasons Supporting Proposal: The Washington state patrol will no longer inspect wrecked vehicles if they are owner retained.

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 24, 2007

Glenn Ball

for Julie Knittle

Assistant Director

Vehicle Services

OTS-9962.1


AMENDATORY SECTION(Amending WSR 04-08-080, filed 4/6/04, effective 5/7/04)

WAC 308-56A-140   Department temporary permit.   (1) What is a department temporary permit? A department temporary permit consists of a system-generated permit and a cardboard temporary "plate" which may be issued in lieu of a registration certificate and license plates when:

(a) The vehicle is not currently licensed in Washington; and

For the purposes of this section, a vehicle may be considered unlicensed if the current license expires within sixty days of application for the department temporary permit, or the vehicle's license plates are missing or unreadable; and

(b) Appropriate vehicle documentation to title and license the vehicle is not immediately available but is likely to be available within sixty days; and

(c) The vehicle was purchased from someone other than a licensed Washington dealer((;)) or

(((d) The vehicle:

(i) Has been declared a salvage vehicle under RCW 46.12.070; and

(ii) Has been retained by the registered owner(s) shown on department of licensing records; and

(iii))) is scheduled for inspection by the Washington state patrol.

((Note: Except as provided in (d) of this subsection, a department temporary permit will not be issued to any vehicle when the evidence of ownership is a salvage certificate/title, insurance company bill of sale, or wrecker bill of sale from any jurisdiction, or when the evidence of ownership indicates the vehicle may be a salvage vehicle not reported to the department.))

(2) How long is a department temporary permit valid? The department temporary permit is valid for no longer than sixty days from the date of application.

(3) Where do I apply for and obtain a department temporary permit? You may apply for a department temporary permit at any Washington vehicle licensing office.

(4) What fees are due when applying for a department temporary permit? All applicable taxes, title, license fees and inspection fees are due when the department temporary permit is issued. Any fees for license plates are due when the department temporary permit is cleared.

(5) How do I display the cardboard temporary plate? You must display the cardboard temporary plate where it is visible from outside of the vehicle or towed vehicle (such as on the inside left side of the rear window), or you may weatherproof the plate and place it in the license plate holder. Carry the cardboard temporary plate in the vehicle or the towing vehicle.

(6) How many months of gross weight must I purchase with a department temporary permit if my vehicle is eligible for monthly gross weight? If your vehicle is eligible for monthly gross weight, you must purchase a minimum of two months' gross weight license to correspond with the duration of the department temporary permit. You may receive credit as described in WAC 308-96A-220(7) for gross weight license already purchased.

(7) How do I clear the department temporary permit and obtain a registration certificate and license plates for my vehicle ((that has been issued a department temporary permit))? You may obtain a registration certificate and license plates for your vehicle at any vehicle licensing office by submitting:

(a) An application for certificate of ownership; and

(b) An odometer disclosure statement, if applicable; and

(c) License plate fees; and

(d) Other applicable documentation, fees, and taxes.

(8) What fees are due when clearing a department temporary permit? In addition to other fees as prescribed by law, the title application fee and license plate fees are due when the department temporary permit is cleared.

(9) How do I obtain a replacement department temporary permit? You may obtain a photocopy of the department temporary permit by contacting any vehicle licensing office who will acquire the photocopy from the department. You must provide the vehicle identification number or the department temporary permit number. The replacement department temporary permit will retain the same expiration date as the original.

(10) How do I obtain a replacement cardboard temporary "plate"? You may obtain a replacement cardboard temporary "plate" at any Washington vehicle license office where it was purchased. You must provide the vehicle identification number or the department temporary permit number.

(11) May a department temporary permit be extended? Yes, a department temporary permit may be extended on a case-by-case basis upon departmental approval.

(((a) An extension of a department temporary permit issued for a total loss vehicle described in subsection (1)(d) of this section will not be approved.

(b))) An extension of a department temporary permit cannot be granted for vehicles described in subsection (6) of this section when no more than two months' gross weight ((were)) was purchased. Additional gross weight cannot be issued until the department temporary permit is cleared.

[Statutory Authority: RCW 46.01.110. 04-08-080, 308-56A-140, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 46.01.110, 46.12.040, 46.16.216. 03-12-006, 308-56A-140, filed 5/22/03, effective 6/22/03; 99-12-031, 308-56A-140, filed 5/25/99, effective 6/25/99. Statutory Authority: RCW 46.01.110. 93-14-084, 308-56A-140, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.01.110, 46.12.151 and 46.12.050. 92-03-077, 308-56A-140, filed 1/14/92, effective 2/14/92; Order MV 208, 308-56A-140, filed 7/31/74.]

Washington State Code Reviser's Office