WSR 08-20-035

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed September 23, 2008, 8:29 a.m. , effective October 24, 2008 ]


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

Purpose: Rule making is required to change the requirement of providing a list of those using the ride share program to using an affidavit that the vehicle is being used as a ride-sharing vehicle.

Citation of Existing Rules Affected by this Order: Amending WAC 308-96A-175 Ride-sharing vehicles.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 08-15-118 on July 21, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: September 23, 2008.

Mykel D. Gable

Assistant Director

Vehicle Services

OTS-1754.1


AMENDATORY SECTION(Amending WSR 04-18-023, filed 8/24/04, effective 9/24/04)

WAC 308-96A-175   Ride-sharing vehicles.   (1) When may the department issue a ride share special license plate? Ride share special license plates may be issued when:

The ((owner of a)) passenger motor vehicle is primarily used as a commute ride-sharing motor vehicle defined in RCW 46.74.010(1). The vehicle owner may be issued special ride-share license plates by satisfying the provisions of RCW 46.16.023. Any person desiring the special ride-share license plates must make application on a form approved by the department and pay all fees required by chapter 46.12 RCW and the special ride-share license plate fee required by RCW 46.16.023. The owner must then provide:

(a) For privately owned vehicles, a ((list of the riders registered to use the ride-sharing vehicle, including the names, addresses and signatures of the riders and driver. For five and six passenger vehicles being used in a commute trip reduction program, the list must be a copy of the certification of registration in a commute trip reduction program either with a public transportation agency or a major employer)) statement that the vehicle is being used as a ride-sharing vehicle; or

(b) For motor vehicles operated by public transportation agencies or by major employers defined in RCW 70.94.524 in commute trip reduction programs, a written statement that the motor vehicle is used as a commuter ride-sharing motor vehicle.

(c) A written statement that the motor vehicle is used for commuter ride-sharing if the passenger motor vehicle is owned, rented or leased by a government agency.

(2) Can the ride-share license plate be transferred to another motor vehicle? To transfer license plates to another motor vehicle, the owner must:

(a) Make application to and receive approval by the department for the replacement passenger motor vehicle; and

(b) Pay applicable fees stated in RCW 46.16.316.

(3) What happens when I remove or transfer special ride-share plates from my vehicle? When you remove or transfer special ride-share license plates from one motor vehicle to another, you must:

(a) Purchase replacement license plates if the motor vehicle will be operated on public highways; and

(b) Pay applicable ((RTA excise)) tax for the remaining license registration period for the vehicle((, if the registered owner resides in the RTA taxing district)).

(c) If use/sales tax was exempted but the vehicle was used less than thirty-six consecutive months as a ride-share motor vehicle, use tax is due and payable to the department of revenue.

(4) What happens when the ride-share motor vehicle is sold or transferred to another person?

(a) When a ride-share motor vehicle is sold or transferred to another person who will continue to use the passenger motor vehicle as a commuter ride-share vehicle, the new owner must:

(i) Apply for a certificate of ownership under chapter 46.12 RCW;

(ii) Apply for commuter ride-share exemption; and

(iii) Pay all required fees and taxes including the special license plate fee.

(b) Upon application for registration renewal, the owners of nongovernment ride-share plated vehicles must:

(i) ((Recertify)) Provide a statement that the motor vehicle is used as a commuter ride-share motor vehicle to continue to be exempt from chapters 82.08, 82.12, and 82.44 RCW; and

(ii) Submit a completed ((recertification form,)) statement approved by the department((, including names, addresses, and signatures of current passengers and drivers)) that the motor vehicle qualifies as a commuter ride-sharing motor vehicle. If the registered owner fails to file a completed recertification form, the department will cancel the special ride-share license plates and the registered owner will need to purchase replacement plates and pay applicable fees and taxes to complete registration renewal.

(5) Will I ever have to replace my ride-share vehicle license plate? Yes, the ride-share vehicle license plates are subject to the seven-year vehicle license plate replacement schedule.

[Statutory Authority: RCW 46.01.110 and 46.16.316. 04-18-023, 308-96A-175, filed 8/24/04, effective 9/24/04. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, 308-96A-175, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, 308-96A-175, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110, 46.74.010 and 1996 c 244. 96-21-043, 308-96A-175, filed 10/11/96, effective 11/11/96. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. 94-17-044, 308-96A-175, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110, 46.16.276 and 1987 c 175 2. 88-01-010 (Order TL/RG 39), 308-96A-175, filed 12/7/87.]

Washington State Code Reviser's Office