WSR 09-16-017

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed July 24, 2009, 9:38 a.m. , effective August 24, 2009 ]


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

Purpose: Rule making is required to comply with SHB 3029 that was passed by the legislature in 2008 allowing dealers to deliver a vehicle by obtaining an electronic copy of a dealer permit.

Citation of Existing Rules Affected by this Order: Amending WAC 308-56A-420 Delivery of vehicle on dealer temporary permit.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 09-12-024 on May 26, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: July 24, 2009.

Mykel D. Gable

Driver and Vehicle Services

OTS-2282.3


AMENDATORY SECTION(Amending WSR 05-14-092, filed 6/30/05, effective 7/31/05)

WAC 308-56A-420   Delivery of vehicle on dealer temporary permit.   How do I deliver a vehicle ((on)) using a dealer temporary permit?

(1) A vehicle dealer properly licensed pursuant to chapter 46.70 RCW may deliver a vehicle not currently registered or that does not bear valid Washington state license plates or tabs by utilizing ((a)) an electronic dealer temporary permit or a hard copy dealer temporary ((license)) permit.


Note: Effective July 1, 2011, an electronic dealer permit (e-permit) will replace a hard copy dealer permit. A hard copy dealer temporary permit will only be issued after July 1, 2011, in the instance of "system unavailability" (for example: An issue with auctions that go on-site and cannot access the internet) and an electronic permit cannot be issued.

(2) The application for title portion of the permit form must be properly and completely filled out by the selling/leasing dealer, including the dealer's report of sale and the date on which the vehicle is physically delivered to the ((customer/))purchaser/lessee. If license based on gross weight is required, the amount of gross weight purchased must be clearly shown. The application must be signed by the registered owner(s) or lessee.

(3) The dealer ((shall)) must collect all fees required for titling and registration of a vehicle.

(4)(a) For e-permit, the permit printed by the system must display the expiration date and e-permit number. The date of expiration is forty-five calendar days from the date the vehicle is physically delivered to the purchaser/lessee.

(b) For hard copy permits, the dealer ((shall)) must detach the hard copy of the dealer permit and ((shall)) must record the date of expiration in dark, bold letters and numbers on the permit side of that copy. Date of expiration ((will be)) is forty-five calendar days ((after)) from the date ((on which)) the vehicle is physically delivered to the ((customer/))purchaser/lessee.

(5) The application copies ((shall)) must be used by the dealer to apply for title and to complete licensing of the vehicle. Except as provided in RCW 46.70.180(8), when a second temporary permit is authorized; the selling dealer must submit the application and all title/licensing fees to the department of licensing or an authorized licensing agent within forty-five calendar days from the date ((on which)) the vehicle is physically delivered to the ((customer/))purchaser/lessee. The date ((on which)) that the selling or leasing dealer physically delivers the vehicle to the ((customer/))purchaser/lessee ((shall commence)) will start the forty-five day interval ((in which the selling or leasing dealer must make)) of an application for a certificate of title in the purchaser's or lessee's name. Additionally, the director may excuse late applications only in situations where applications are delayed, for reasons beyond the control of the dealer.

(6) The electronic or hard copy ((of the)) dealer temporary permit, temporary vehicle registration, and a purchase order identifying the vehicle and the date ((on which)) that the vehicle was physically delivered to the ((customer/))purchaser/lessee must be carried in the vehicle or the towing vehicle at all times the vehicle is operated on the temporary permit.

(7) The electronic or hard copy ((of the)) dealer temporary ((license)) permit ((shall)) must be displayed on the inside of the rear window in the lower left corner, or enclosed in a moisture proof protective case securely attached in the rear license plate holder, with the expiration date visible to one standing ((or following at the rear of)) behind the vehicle.

(8) The electronic or hard copy dealer temporary ((license)) permit is valid for not more than forty-five calendar days ((commencing)) starting with the date ((on which)) that the vehicle is physically delivered to the ((customer/))purchaser/lessee.

(9) The electronic or hard copy dealer temporary ((license)) permit ((shall)) will not be issued:

(a) ((Be issued)) For a dealer inventoried vehicle that has not been sold or a dealer or dealer-employee operated vehicle;

(b) ((Be issued)) As a demonstration permit;

(c) ((Be issued)) For a vehicle processed as a courtesy delivery.

(10) Fees paid for an electronic or hard copy dealer temporary ((license)) permit application forms are not refundable unless the dealer ceases doing business as a vehicle dealer. ((A credit, in the amount of the permit form fee, will be provided when the permit is used by the vehicle dealer to make application for a vehicle title.))

(11) The dealer ((shall)) must maintain a record of each dealer temporary permit ((form)) acquisition and distribution including the following:

(a) Date and location of purchase of each permit and the permit number;

(b) Identification of vehicles delivered on temporary permits;

(c) Dates of vehicle sales, leases and deliveries.

[Statutory Authority: RCW 46.70.160. 05-14-092, 308-56A-420, filed 6/30/05, effective 7/31/05. Statutory Authority: RCW 46.70.160 and 46.70.110. 99-02-049, 308-56A-420, filed 1/5/99, effective 2/5/99. Statutory Authority: RCW 46.70.160 and 46.70.124. 94-21-055, 308-56A-420, filed 10/13/94, effective 11/13/94. Statutory Authority: RCW 46.01.110. 93-14-084, 308-56A-420, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.70.160. 90-10-013, 308-56A-420, filed 4/20/90, effective 5/21/90; Order MV 208, 308-56A-420, filed 7/31/74.]

Washington State Code Reviser's Office