WSR 09-01-154

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed December 23, 2008, 8:15 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-22-020.

Title of Rule and Other Identifying Information: WAC 308-96A-073 Antique vehicle -- Horseless carriage license plate.

Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on January 27, 2009, at 11:00 a.m.

Date of Intended Adoption: February 24, 2009.

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.

Assistance for Persons with Disabilities: Contact Dale R. Brown by January 26, 2009, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is required to clarify the rule pertaining to horseless carriage and collectors.

Reasons Supporting Proposal: This amendment will provide a definition of a vehicle owned by a collector.

Statutory Authority for Adoption: RCW 46.01.110.

Statute Being Implemented: RCW 46.16.305.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: None.

Name of Agency Personnel Responsible for Drafting: Dale Brown, 1125 Washington Street S.E., Olympia, WA, (360) 902-4020; Implementation and Enforcement: Toni Wilson, 1125 Washington Street S.E., Olympia, WA, (360) 902-3811.

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.

December 11, 2008

Mykel D. Gable

Assistant Director

Vehicle Services

OTS-2077.1


AMENDATORY SECTION(Amending WSR 02-16-071, filed 8/6/02, effective 9/6/02)

WAC 308-96A-073   Antique vehicle -- Horseless carriage license plate.   (1) What is a horseless carriage license plate? A horseless carriage license plate is a single license plate issued to a qualified motor vehicle owned by a collector as defined in RCW 46.04.125. It must be displayed on the rear of the vehicle for which it was issued.

(2) What vehicles qualify for a horseless carriage license plate? Any motor vehicle which is:

(a) At least forty years old; and

(b) Capable of being operated upon the highway; and

(c) Currently registered in Washington; and

(d) Operated primarily as a collector vehicle under RCW 46.16.307.

(((2) How is a horseless carriage license plate displayed? The horseless carriage license plate must be displayed on the rear of the vehicle for which it was issued.))

(3) ((If I sell my vehicle)) May I ((keep)) transfer my horseless carriage license plate to another antique vehicle? ((Yes. You may keep the)) No. Horseless carriage license plates ((but it is)) are not transferrable to any other motor vehicle.

(4) What additional fees are required to obtain a horseless carriage license plate? In addition to all other license fees required by law, the applicant must pay ((an additional license)) a fee of thirty-five dollars for ((this)) a horseless carriage license plate.

(5) Are horseless carriage license plates subject to periodic replacement? No, the horseless carriage license plates are exempt from the vehicle license plate replacement schedule and are valid for the life of the vehicle.

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070, 46.16.276. 02-16-071, 308-96A-073, filed 8/6/02, effective 9/6/02. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, 308-96A-073, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, 308-96A-073, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110. 97-07-014, 308-96A-073, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110 and 46.12.070 [46.16.335]. 91-04-025, 308-96A-073, filed 1/29/91, effective 3/1/91.]

Washington State Code Reviser's Office