WSR 09-23-080

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed November 16, 2009, 1:28 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-19-078.

Title of Rule and Other Identifying Information: Chapter 46.79 RCW, Hulk haulers and scrap processors.

Hearing Location(s): 2424 Bristol Court S.W., 3rd Floor, Conference Room 346, Olympia, WA 98502, on January 5, 2010, at 2:30 p.m.

Date of Intended Adoption: February 10, 2010.

Submit Written Comments to: Mary Morris, P.O. Box 9039, Olympia, WA 98507, e-mail mmorris@dol.wa.gov, fax (360) 586-6703, by December 30, 2009.

Assistance for Persons with Disabilities: Contact Cathy Bentley by December 30, 2009, TTY (360) 664-8885 or (360) 902-3600.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Exempt common carriers from the hulk hauler licensing requirements when transporting demolished vehicles for hire between vehicle wreckers and/or scrap processors.

Reasons Supporting Proposal: Clarifying language that promotes a consistent application of law.

Statutory Authority for Adoption: RCW 46.79.080.

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

Name of Proponent:

Name of Agency Personnel Responsible for Drafting and Implementation: Charles R. Coach, 2424 Bristol Court S.W., Olympia, WA 98507, (360) 664-6453; and Enforcement: Daniel N. Devoe, 2424 Bristol Court S.W., Olympia, WA 98507, (360) 664-6451.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal does not propose any additional duties on 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 16, 2009

Walt Fahrer

Rules Coordinator

OTS-2742.1


AMENDATORY SECTION(Amending WSR 93-08-076, filed 4/6/93, effective 5/7/93)

WAC 308-65-010   Definitions -- General.   Common carrier. Common carrier means any person who undertakes to transport property for the general public by motor vehicle for compensation as outlined in chapter 81.80 RCW. For the purposes of this chapter, common carriers licensed under the provisions of chapter 81.80 RCW are exempt from the hulk hauler licensing requirements when transporting demolished vehicles for hire between vehicle wreckers and/or scrap processors licensed by the state or country in which they operate, and the ownership interest in the vehicles is transferred directly between the vehicle wreckers and/or scrap processors.

Deals in vehicles. For the purposes of this chapter, deals in vehicles means to obtain an ownership interest in a vehicle for the purpose of transporting and/or selling the vehicle to a licensed vehicle wrecker or scrap processor by obtaining ownership as set forth in WAC 308-65-080.

Demolish. To demolish means ((the)) to completely destroy a vehicle, vehicle salvage, and all parts by rendering ((of vehicle salvage into)) it completely unusable except for recyclable ((metals)) material, for example, by means of a hydraulic crusher, hydraulic baler and shears or a shredder operated by a licensed scrap processor.

Hulk hauler. Any person who deals in vehicles for the sole purpose of transporting and/or selling them to a licensed vehicle wrecker or scrap processor in substantially the same form in which they are obtained.

[Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. 93-08-076, 308-65-010, filed 4/6/93, effective 5/7/93.]


AMENDATORY SECTION(Amending WSR 00-13-020, filed 6/12/00, effective 7/13/00)

WAC 308-65-130   Scrap processor -- Procedures for acquiring vehicles for demolition.   On what ownership documents may I acquire vehicles? Supporting acquisition. A scrap processor may acquire vehicles for demolition if the transferor can furnish ownership documents, in the form of a certificate of title properly endorsed, from a state issuing a title, or a certificate of registration and notarized bill of sale from a jurisdiction issuing a registration certificate only or other approved ownership documents as follows:

(1) Affidavit of lost or stolen title and release of interest from the owner.

(2) Affidavit of sale of a junk vehicle from the landowner who has complied with RCW 46.55.230.

(3) Bills of sale pursuant to WAC 308-63-020 for vehicles from nontitle jurisdictions, for vehicles that have had their titles surrendered to a state after having been declared a total loss, and for vehicles of the type to which titles are not issued.

(4) Affidavit of sale from a registered tow truck operator.

(5) A court order.

(6) Invoice or bill of sale from wrecker.

(7) Scrap processors may acquire vehicle salvage from out-of-state provided that the out-of-state salvage company submits an affidavit certifying its rightful and true possession of the vehicles or parts contained in the bulk shipment and that he/she has complied with all statutes, rules and regulations relating to such vehicles in the state or province of origin.

(8) Vehicle parts may be acquired by use of an invoice or bill of sale which describes the part and identifies the seller by name and address.

Common carriers transporting vehicles for hire between vehicle wreckers and/or scrap processors licensed by the state or country in which they operate must provide ownership documents as outlined in WAC 308-65-080, or an affidavit of certification for the load that includes the origin and destination of the load and lists each vehicle on the load by VIN number, year, make, and model. The certification must be signed by the shipper under the penalty of perjury indicating the load of demolished vehicles has been processed in accordance with all statutes, rules and regulations relating to such vehicles in the state or province of origin, and meet the criteria listed in this chapter.

[Statutory Authority: RCW 46.79.080. 00-13-020, 308-65-130, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. 93-08-076, 308-65-130, filed 4/6/93, effective 5/7/93.]

Washington State Code Reviser's Office