WSR 07-21-120

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed October 23, 2007, 8:19 a.m. , effective November 23, 2007 ]


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

Purpose: Rule making is required to remove references to the requirement to present an unexpired driver's license when applying for a title. RCW 46.16.010 requires presentation of an unexpired driver's license only for initial and renewal registrations.

Citation of Existing Rules Affected by this Order: Amending WAC 308-56A-030.

Statutory Authority for Adoption: RCW 46.01.010.

Adopted under notice filed as WSR 07-17-131 on August 20, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: October 23, 2007.

Julie Knittle

Assistant Director

Vehicle Services

OTS-9922.2


AMENDATORY SECTION(Amending WSR 05-23-135, filed 11/22/05, effective 1/3/06)

WAC 308-56A-030   Owner name and address -- Recorded on the vehicle record(( -- Registration)) -- Application for certificate of ownership.   (1) What registered owner and lien holder or secured party information is required on the vehicle record(( - registration - )) and application for certificate of ownership (title)?

The vehicle record((, registration)) and application for certificate of ownership (title) must include:

(a) The name of each registered owner (natural person or business) of the vehicle and, if the vehicle is subject to a lien or other security interest, the name of each secured party;

(b) The registered owner's primary residence street address (at the choice of the registered owner, a mailing address if different from the residence address can also be given); and

(c) The primary secured party's mailing address.

(2) ((Is there other information I am required to provide before I can obtain a certificate of ownership (title) or registration?

Yes. Before the department can issue a certificate of ownership (title) or registration, one of the following, in addition to the requirement listed in subsection (1) of this section, must be provided for each registered owner that is a natural person:

(a) Presentation of an unexpired Washington state driver's license; or

(b) Certification that he or she is:

(i) A Washington resident who is a natural person and does not operate a motor vehicle on public roads; or

(ii) Exempt from the requirement to obtain a Washington state driver's license under RCW 46.20.025.

(3))) What does primary residence mean for a registered owner who is a natural person or a business?

(a) In the case of a natural person, it means the person's true, fixed and permanent home in Washington. This does not include secondary or vacation homes where a vehicle is garaged or used. The department will presume that a registered owner's primary residence is the same as the address used in driver's license records or voter registration records.

(b) In the case of a business, it means the principal place in Washington from which the licensed trade or business of the registered owner is directed, managed, or conducted. Businesses with multiple Washington licensed business locations should use the licensed business location where the service vehicles owned and operated by the business are directed, managed, garaged, stored or maintained.

(((4))) (3) Do the addresses for the application for certificate of ownership, and vehicle record ((and registration)) need to conform to United States Postal Service (USPS) standards?

Yes. USPS address standards must be used on all vehicle records, ((registrations,)) and certificates of ownership.

(((5))) (4) Are there exceptions to the requirement to provide a primary residence street address?

Yes. Exceptions will be made for:

(a) Persons who are exempt by law from paying motor vehicle excise tax or fees.

(b) Vehicles ((that are)) exempt by law from motor vehicle excise tax or fees.

(c) Natural persons who are homeless; defined as someone with no housing.

(d) Other exceptions may apply as determined appropriate by the director or his or her designee.

(((6) Will the department renew a vehicle registration if the registered owner does not provide a primary residence street address?

No. The registered owner's primary residence street address is required for vehicle registration renewals unless an exception specified in this section is met.

(7))) (5) What will the department do if presented with documentation or other information to indicate there may be an error in the primary residence street address provided?

The department will flag the vehicle record and the registered owner will be required, prior to the time of next renewal, to:

(a) Show a residential utility bill, driver license or other documentation that verifies the primary residence street address; and

(b) Complete and sign a declaration under penalty of perjury on a form developed by the department.

(((8))) (6) Can more than one address be shown on the vehicle record or application if there are multiple registered owners with different addresses?

No. The department can store the primary residence address and separate mailing address (if applicable) for only one of the registered owner(s).

(((9))) (7) Can more than one address be shown on the vehicle record or application if there is more than one secured party?

No. Only one address for the primary secured party will be shown on the vehicle record.

(((10))) (8) Is the applicant or registered owner required to certify the truth of the address information contained in the application for certificate of ownership or vehicle renewal?

No. The applicant or registered owner will only be required to complete and sign a declaration under penalty of perjury on a form developed by the department when the department has been presented with documentation or other information to indicate there may be an error in the address information provided and the vehicle record has been flagged.

(((11))) (9) What is the penalty if the applicant or registered owner provides false address information?

A person providing false residency information is guilty of a gross misdemeanor punishable by a fine of five hundred twenty-nine dollars.

(((12))) (10) Is my residence address subject to public disclosure?

Where both a mailing address and a residence address are recorded on the vehicle record and are different, only a mailing address will be disclosed. Both addresses will be disclosed in response to requests from courts, law enforcement agencies, or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business.

[Statutory Authority: RCW 46.16.010. 05-23-135, 308-56A-030, filed 11/22/05, effective 1/3/06. Statutory Authority: RCW 46.01.110. 04-07-168, 308-56A-030, filed 3/23/04, effective 4/23/04; 03-05-081, 308-56A-030, filed 2/19/03, effective 3/22/03; 99-01-014, 308-56A-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 46.01.110, 88.02.100, 46.10.040, 46.12.030, 46.16.040, 88.02.050 and 88.02.070. 96-04-004, 308-56A-030, filed 1/25/96, effective 2/25/96; 95-13-058, 308-56A-030, filed 6/19/95, effective 7/20/95; Order MV 208, 308-56A-030, filed 7/31/74.]

Washington State Code Reviser's Office