WSR 07-23-037

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed November 13, 2007, 9:29 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-19-066.

Title of Rule and Other Identifying Information: WAC 308-56A-150 Certificate of vehicle inspection.

Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on December 27, 2007, at 10:00 a.m.

Date of Intended Adoption: January 22, 2008.

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 December 26, 2007.

Assistance for Persons with Disabilities: Contact Dale R. Brown by December 26, 2007, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making may be 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.

November 13, 2007

Julie Knittle

Assistant Director

Vehicle Services

OTS-1175.1


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

WAC 308-56A-150   Certificate of vehicle inspection.   (1) When is a certificate of vehicle inspection required? A certificate of vehicle inspection, completed by the Washington state patrol or other authorized inspector, must accompany the application for certificate of ownership and include the applicable statutory inspection fee whenever the applicant's vehicle is:

(a) Reported destroyed since the last certificate of ownership was issued and ownership was not retained by the registered owner;

(b) A homemade, assembled, or rebuilt vehicle not previously titled as such;

(c) One ((whose)) which the identification number needs verification as requested by the department, county auditor, or authorized agent;

(d) A kit vehicle not previously titled as such (if no vehicle identification number (VIN) or model year previously assigned);

(e) A street rod not previously titled as such;

(f) A glider kit not previously titled as such;

(g) Subject to ownership in doubt described in WAC 308-56A-210(((1) except those in WAC 308-56A-210(2)));

(h) One which the Washington crime information center (WACIC) or National Crime Information Center (NCIC) indicates may be stolen;

(i) One for which the WACIC/NCIC has failed to respond to the stolen vehicle search required by chapter 46.12 RCW; or

(j) Inspections are not required for snowmobiles or mobile homes.

(2) Is there a fee charged for a VIN inspection? Yes, the amount of the fee is established in RCW 46.12.040. The fee is not due when:

(a) The out-of-state fee authorized by chapter 46.12 RCW has been collected on the same application; or

(b) The Washington state patrol or department of licensing has determined that the fee is not due.

(3) Who is authorized to perform a vehicle inspection? Vehicle inspections may be performed by:

(a) The Washington state patrol;

(b) Other entities or individuals designated by the director if the vehicle is located in another state or country and the requirement for inspection by the Washington state patrol will cause undue hardship.

(4) How long is a vehicle certificate of inspection valid? The vehicle certificate of inspection is valid for the following periods of time after the inspection date:

(a) Sixty days for vehicles:

(i) Reported destroyed;

(ii) Homemade, assembled, rebuilt, street rods, kit vehicles and glider kits;

(iii) If the identification number needs verification, has been removed, defaced, altered, destroyed, illegible or missing;

(iv) With no Washington record or no manufacture certificate/statement of origin (MCO/MSO) except those described in WAC 308-56A-210(((2)));

(v) Referred for inspection for any reason not listed.

(b) Three hundred sixty-five days for a licensed vehicle dealer.

[Statutory Authority: RCW 46.01.110. 06-22-025, 308-56A-150, filed 10/25/06, effective 11/25/06. Statutory Authority: RCW 46.01.110, 46.16.125, 46.16.225, 46.16.276, 46.16.060, 46.16.600, 43.17.060. 04-08-002, 308-56A-150, filed 3/24/04, effective 4/24/04. Statutory Authority: RCW 46.01.110, 46.12.040, 46.16.216. 03-12-006, 308-56A-150, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 46.01.110. 03-05-081, 308-56A-150, filed 2/19/03, effective 3/22/03; 01-20-010, 308-56A-150, filed 9/20/01, effective 10/21/01. Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 99-21-098, 308-56A-150, filed 10/20/99, effective 11/20/99. Statutory Authority: RCW 46.01.110. 97-07-014, 308-56A-150, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 91-04-024, 308-56A-150, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.110. 85-06-011 (Order TL/RG 11), 308-56A-150, filed 2/22/85; Order MV 208, 308-56A-150, filed 7/31/74.]

Washington State Code Reviser's Office