WSR 07-22-091

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed November 6, 2007, 8:58 a.m. , effective December 7, 2007 ]


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

Purpose: Rule making is required to streamline and make the rule more understandable.

Citation of Existing Rules Affected by this Order: Amending WAC 308-96A-099.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 07-17-041 on August 9, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: November 6, 2007.

Julie Knittle

Assistant Director

Vehicle Services

OTS-9910.2


AMENDATORY SECTION(Amending WSR 01-12-099, filed 6/6/01, effective 7/7/01)

WAC 308-96A-099   Use class descriptions.   (1) Why does the department assign use classes to vehicles?

The department assigns use classes to:

(a) ((Assess)) Charge the proper license fees and taxes for vehicles;

(b) Assign special brands on subsequent owner's certificate of ownership;

(c) Apply certain restrictions on the use of the vehicles, which prints on the vehicle registrations;

(d) Assign the proper license plates.

(2) Under what authority does the department assign use classes to vehicles?

The department assigns use classes under the authority of RCW 46.16.040.

(3) What use classes does the department assign and when do they apply?

The use classes the department assigns are described below:


ABBREVIATION TRANSLATION DESCRIPTION
CAB TAXI CAB Motor vehicle ((is)) used for carrying passengers between two points for compensation for an on-demand trip rather than a scheduled route. A vehicle with this use class may not carry any luggage or commodities that do not belong to a passenger being carried at the same time. In other words, the vehicle cannot just carry cargo between two points.
C/G CONVERTER GEAR Vehicle is an axle that is used to convert a semi-trailer to a full trailer. ((A)) Converter gear ((may be)) is titled but ((may)) not ((be)) licensed.
CMB COMBINATION Vehicle is either (1) a power unit with a declared gross weight of 42,000 pounds or more and ((towing)) tows a trailer; or (2) a trailing unit with permanent plates. The trailer may be towed only by a power unit with a CMB ((use class)), or FCB ((depending on what is being hauled)) use class.
CMP CAMPER ((Vehicle)) Is a slide-in pickup camper (not a canopy) as defined in RCW 46.04.085. Even if the owner has chosen to permanently attach the camper to the pickup, the units need to be titled and licensed separately.
COM COMMERCIAL Motor vehicle ((is)) either (1) a power unit that does not pull a trailer or that pulls a trailer but the declared gross weight for the truck and trailer does not exceed 40,000 pounds; or (2) a trailing unit that is titled in a business name (including the name of a farm). A commercial trailer may be towed by a vehicle with PAS, TRK, COM, CMB, FAR or FCB use classes. If the trailer is being towed by a vehicle with FAR or FCB use class, the use of the trailer (items carried, etc.,) must meet the farm use class requirements.
CYC MOTORCYCLE ((Vehicle)) Is a motorcycle, motor driven cycle or scooter. A moped does not qualify to be licensed as a motorcycle as defined in RCW 46.04.330 and 46.04.332.
EX EXEMPT ((Vehicle)) Can be any type of vehicle, which is owned by a city, county or state government agency or federally recognized Indian tribe located in the state of Washington. This includes school buses, which are owned or leased by school districts. If the school district contracts a company to provide total bus service, such as the bus, the driver and the maintenance, and the vehicle is registered in the name of the school district as registered owner, the vehicle qualifies for exempt license plates.
FAR FARM Motor vehicle is a truck (or tractor) used to transport the farmer's own farm, orchard or dairy products as defined in RCW 46.16.090, or aquatic products as defined in RCW 15.85.020, from point of production to market or warehouse. The vehicle may also be used to transport the farmer's own farm supplies.
FCB FARM

COMBINATION

Motor vehicle is (1) a power unit (not a trailer) with a declared gross weight of 42,000 pounds or more and towing a trailer; and (2) meets the criteria of FAR use class above.
FED FEDERAL Vehicle is owned by the federal government of the United States. Like exempt vehicles, this could be any type of vehicle. This does not include vehicles displaying license plates issued by the federal government.
FEX FARM EXEMPT Any motor vehicle ((is)) used exclusively in agricultural pursuits on farms as defined in RCW 46.16.010(3) and 46.04.181. ((The vehicle is usually a truck, but it could also be a bus, a motorcycle or off-road cycle.))
FIX FIXED LOAD Motor vehicle as defined in RCW 46.16.070(1). These vehicles have a unique use class because they are exempt from the law((, which requires)) requiring vehicles with a scale weight of more than six thousand pounds to have a declared gross weight of at least 150 percent of the scale weight. The basic license fee is based on the declared gross weight((, or the next two thousand pound increment above the scale weight, or the next two thousand pound increment above the legal maximum gross weight as determined by the Washington state patrol or department of transportation)) for these vehicles and should be equal to the scale weight, or the next higher gross weight increment. If the scale weight exceeds the maximum legal limit for that vehicle, the declared gross weight needs to be equal to or just lower than the legal limit. Fixed load vehicles' ((are the only ones whose gross weight)) maximum legal limit may actually be less than their scale weight((, depending on their legal maximum gross weight)). An oversize permit is required in addition to the registration in these cases.
F/H FOR HIRE Motor vehicle is used to transport people and/or commodities for compensation as defined in RCW 46.72.010. A for hire permit from business and professions division (BPD) is required.
H/C

HORSELESS

CARRIAGE

Motor vehicle ((is a motorized vehicle over)) 40 years old or older with limited used as defined in RCW 46.16.307. ((The vehicle may not be used for normal transportation to and from work, to go to the store and pick up groceries, and so on.))
H/D HOUSE DOLLY Vehicle constructed and used exclusively to move buildings or homes.
LOG LOGGING Vehicle is a truck or trailer used exclusively for hauling logs.
MH MOTOR HOME Motorized vehicle designed for human habitation and defined in RCW 46.04.305
MOB MOBILE HOME Vehicle is a manufactured home as defined in RCW 46.04.302. Mobile homes are titled but generally not registered because of their size. Manufactured homes are taxed by the county, either as personal property or real property. Mobile home use class does not include park model trailers.
ORV OFF-ROAD

VEHICLE

Vehicle is used off-road. A vehicle licensed only as an ORV may not be operated on public roadways ((or)), including ocean beaches.
PAS PASSENGER Motor vehicle ((is)) used to transport passengers as defined in RCW 46.04.382. Typically passenger cars, utility or multipurpose vehicles, passenger vans, and private ((busses)) buses are licensed as passenger vehicles.
PED MOPED Motor vehicle as defined in RCW 46.04.304 and subject to the restrictions in RCW 46.61.710.
((PER PERSONAL Vehicle is a personal use trailer as defined in RCW 46.16.065. Trailers owned by businesses or used for commercial purposes do not qualify for this use class.))
RES RESTORED Motor vehicles ((is a motorized collector vehicle)) over 30 years old with limited use as defined in RCW 46.16.307. ((The vehicle may display either a collector vehicle license plate provided by the department or a license plate, which must have been first issued, for use the year the vehicle was manufactured. The vehicle must be currently registered in order to be assigned this use class and receive a special collector license plate or authority to use a restored license plate.)) Vehicles with this use class may display license plates described in WAC 308-96A-074.
SCH SCHOOL Motor vehicle ((is)) owned and operated by a private school meeting the accreditation requirements of RCW 28A.195.010. The vehicle is used to transport children to and from school or in connection with school activities.
SNO SNOWMOBILE Vehicle is a snowmobile as defined in RCW 46.10.020(2).
SNX EXEMPT

SNOWMOBILE

Vehicle is a snowmobile as defined in RCW 46.10.010(2) and owned by a city, county or state agency.
STA STAGE Motor vehicle ((is)) used as an auto stage as defined in RCW 46.04.050.
TLR TRAILER Vehicle is a personal use trailer as defined in RCW 46.04.620 ((but does not meet the size criteria for a PER use class)). Trailers used by businesses or others for commercial purposes do not qualify for this use class.
TOW TOW Motor vehicle ((is a tow truck)) as defined in RCW 46.16.079 and 46.55.010(8). If the vehicle carries other vehicles, it does not qualify for the TOW use class and must be licensed as COM.
TRK TRUCK Motor vehicle is a personal use((, light duty)) truck, with a declared gross weight of twelve thousand pounds or less. Trucks used for business or commercial purposes do not qualify for the TRK use class.
TVL TRAVEL

TRAILER

Vehicle is a travel trailer as defined in RCW 46.04.623, which includes park models ((of four hundred square feet or less)) and camp/tent trailers. ((It is designed and manufactured for temporary habitation.))

(4) ((What use classes may the department assign to specific types of vehicles?

Use classes are assigned as listed below:


((VEHICLE TYPE USE CLASS SPECIAL REQUIREMENTS
PASSENGER CARS CAB, COM, EX, FED, F/H, H/C, PAS, RES, ORV, FEX, STA COM-Scale weight seating capacity required for F/H and STA-Scale weight, if more than six seats
LIGHT DUTY TRUCKS (INCLUDING SMALL VANS) COM, EX, FAR, FED, FEX, H/C, RES, STA, TOW, TRK, FIX, F/H, ORV F/H and STA-Number of seats

All use classes-Scale weight

MEDIUM/HEAVY DUTY TRUCKS (INCLUDING BUSES) CMB, COM, EX, FAR, FCB, FEX, FIX, LOG, SCH, TOW, TRK, FED, H/C, RES, F/H F/H and STA-Number of seats

All use classes-Scale weight

TRAILERS C/G, CMB, COM, EX, FEX, LOG, PER, TLR, FED PER-Number of wheels

All use classes-Scale weight

CYCLES
MOTORCYCLES CYC, EX, FED, FEX, H/C, ORV, RES
MOPEDS EX, FED, FEX, ORV, PED
SNOWMOBILES SNO, SNX
UTILITY/MULTIPURPOSE VEHICLES CAB, COM, EX, FED, F/H, PAS, STA, TRK, FAR, FEX, H/C, ORV, RES, SCH COM, F/H, STA, TRK, FAR and FEX-Scale weight F/H and STA-Number of seats
RECREATION VEHICLES
TRAVEL TRAILERS (INCLUDING CAMP AND TENT TRAILERS) EX, FED, TVL
CAMPERS CMP, EX, FED
MOTOR HOMES EX, FED, MH
NOTE: Gross weight and seat requirements per RCW 46.16.040.))

(5))) Do all powered three-wheeled vehicles need to be licensed as motorcycles?

No. If the vehicle qualifies as a motorcycle as defined in RCW 46.04.330 or 46.04.332, it will be licensed as a motorcycle for street use. However, if the vehicle has a bench seat and a steering wheel as defined in RCW 46.04.330 or 46.04.332, it will be licensed as a passenger vehicle or truck.

(((6))) (5) What license plates and use class will be assigned to my for hire vehicle?

The license plates and use class assigned to your for hire vehicle depends upon how you use your vehicle. All for hire vehicles transport passengers and commodities for compensation. For hire vehicles include cabulances, limousines, taxi cabs, and ((busses)) buses hauling passengers for compensation in addition to transporting school children. There are two use classes and license plate combinations assigned to for hire vehicles:

(a) CAB use class vehicles are assigned passenger license plates. These vehicles are used exclusively for transporting passengers and their possessions; and

(b) F/H use class vehicles are assigned truck license plates. These vehicles not only transport passengers for compensation, but also transport commodities, without passengers, for compensation.

(((7))) (6) When may truck license plates be assigned to my passenger vehicle?

Truck license plates may be assigned to your passenger vehicle whenever the vehicle is used to transport commodities, produce, freight or animals for commercial purposes. The use class would be COM instead of PAS. This would require a title application, a scale weight slip and a certified/notarized statement of use describing how the vehicle will be used commercially.

(((8) When may passenger license plates be assigned to my pick-up truck?

Passenger license plates may only be assigned to your pick-up truck if it has been modified to qualify as a passenger vehicle. The department requires confirmation from the Washington state patrol that the vehicle has been modified to qualify for passenger use.

(9))) (7) What use classes and license plates will be assigned to school buses?

(a) EX use class and county exempt license plates will be assigned to a school bus owned or leased by an exempt agency (school district);

(b) SCH use class and passenger license plates will be assigned to a school bus owned or leased by an accredited private school; ((or))

(c) F/H use class and truck license plates will be assigned to school buses used for transporting passengers for compensation and not used exclusively for transporting school children to and from school or school related activities;

(d) (PAS) passenger; or

(e) (COM) commercial.

(((10))) (8) May I license my motorcycle or any other motor vehicle for both road and off road use?

Yes, you may license your motorcycle or any other motor vehicle for both uses as long as the vehicle qualifies for road use. You will receive two registration certificates showing the vehicle is licensed for both uses. However, the certificate of ownership will show the use class associated with the road use.

(((11) May I license my amphibious vehicle as a vehicle and a vessel?

Yes, you may license your amphibious vehicle for both uses as long as it qualifies for both uses. You will receive two registration certificates showing the vehicle is licensed for both uses. However, the certificate of ownership will show the use class associated with the road use.

(12))) (9) May I license my truck, truck tractor or tractor as a motor home?

Yes, you may license your truck, truck tractor or tractor as a motor home if:

(a) The vehicle meets the definition of a motor home in RCW 46.04.305; and

(b) ((You provide a Washington state patrol inspection confirming your vehicle may be licensed as a motor home; and

(c))) You certify the vehicle qualifies as M/H and will be used exclusively as a motor home for personal use and ((is)) not ((used)) for commercial use.

(((13))) (10) Is my truck, truck tractor or tractor which I use exclusively for towing my travel trailer licensed differently than any other like truck?

No. Your truck, truck tractor or tractor used exclusively for towing your travel trailer must be licensed in accordance with RCW 46.16.070. Depending on scale weight the use class will be TRK or COM.

[Statutory Authority: RCW 46.01.110. 01-12-099, 308-96A-099, filed 6/6/01, effective 7/7/01. Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. 99-06-029, 308-96A-099, filed 2/24/99, effective 3/27/99.]

Washington State Code Reviser's Office