Preproposal statement of inquiry was filed as WSR 10-08-048.
Title of Rule and Other Identifying Information: WAC 308-96A-099 Use class descriptions and newly established WAC 308-96A-139 Neighborhood and medium speed electric vehicles -- Requirements.
Hearing Location(s): Department of Licensing, Conference Room 303, 1125 Washington Street S.E., Olympia, WA 98507, on September 9, 2010, at 2:00 p.m.
Date of Intended Adoption: September 11, 2010.
Submit Written Comments to: Debra K. Then, P.O. Box 9037, Mailstop 48205, 1125 Washington Street S.E., Olympia, WA 98501-9037, e-mail email@example.com, fax (360) 902-3706, by September 7, 2010.
Assistance for Persons with Disabilities: Contact Debra K. Then by September 7, 2010, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is required to comply with SSB 6346 passed during the 2010 legislative session.
Reasons Supporting Proposal: Current language did not include the usage of medium speed and neighborhood electric vehicles.
Statutory Authority for Adoption: RCW 46.01.110.
Statute Being Implemented: RCW 46.61.725.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: None.
Name of Agency Personnel Responsible for Drafting: Debra K. Then, 1125 Washington Street S.E., Olympia, WA, (360) 902-4094; 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.
August 2, 2010
AMENDATORY SECTION(Amending WSR 07-22-091, filed 11/6/07, effective 12/7/07)
WAC 308-96A-099 Use class descriptions. (1) Why does the department assign use classes to vehicles?
The department assigns use classes to:
(a) Charge the proper license fees and taxes for vehicles;
(b) Assign special brands on subsequent owner's certificate of ownership;
(c) Apply certain restrictions on the use of the vehicles, which prints on the vehicle registrations;
(d) Assign the proper license plates, tabs or decals.
(2) Under what authority does the department assign use classes to vehicles?
The department assigns use classes under the authority of RCW 46.16.040.
(3) What use classes does the department assign and when do they apply?
The use classes the department assigns are described below:
|CAB||TAXI CAB||Motor vehicle used for carrying passengers between two points for compensation for an on-demand trip rather than a scheduled route. A vehicle with this use class may not carry any luggage or commodities that do not belong to a passenger being carried at the same time. In other words, the vehicle cannot just carry cargo between two points.|
|C/G||CONVERTER GEAR||Vehicle is an axle that is used to convert a semi-trailer to a full trailer. Converter gear is titled but not licensed.|
|CMB||COMBINATION||Vehicle is either (1) a power unit with a declared gross weight of 42,000 pounds or more and tows a trailer; or (2) a trailing unit with permanent plates. The trailer may be towed only by a power unit with a CMB, or FCB use class.|
|CMP||CAMPER||Is a slide-in pickup camper (not a canopy) as defined in RCW 46.04.085. Even if the owner has chosen to permanently attach the camper to the pickup, the units need to be titled and licensed separately.|
|COM||COMMERCIAL||Motor vehicle either (1) a power unit that does not pull a trailer or that pulls a trailer but the declared gross weight for the truck and trailer does not exceed 40,000 pounds; or (2) a trailing unit that is titled in a business name (including the name of a farm). A commercial trailer may be towed by a vehicle with PAS, TRK, COM, CMB, FAR or FCB use classes. If the trailer is being towed by a vehicle with FAR or FCB use class, the use of the trailer (items carried, etc.,) must meet the farm use class requirements.|
|CYC||MOTORCYCLE||Is a motorcycle, motor driven cycle or scooter. A moped does not qualify to be licensed as a motorcycle as defined in RCW 46.04.330 and 46.04.332.|
|EX||EXEMPT||Can be any type of vehicle, which is owned by a city, county or state government agency or federally recognized Indian tribe located in the state of Washington. This includes school buses, which are owned or leased by school districts. If the school district contracts a company to provide total bus service, such as the bus, the driver and the maintenance, and the vehicle is registered in the name of the school district as registered owner, the vehicle qualifies for exempt license plates.|
|FAR||FARM||Motor vehicle is a truck (or tractor) used to transport the farmer's own farm, orchard or dairy products as defined in RCW 46.16.090, or aquatic products as defined in RCW 15.85.020, from point of production to market or warehouse. The vehicle may also be used to transport the farmer's own farm supplies.|
|Motor vehicle is (1) a power unit (not a trailer) with a declared gross weight of 42,000 pounds or more and towing a trailer; and (2) meets the criteria of FAR use class above.|
|FED||FEDERAL||Vehicle is owned by the federal government of the United States. Like exempt vehicles, this could be any type of vehicle. This does not include vehicles displaying license plates issued by the federal government.|
|FEX||FARM EXEMPT||Any motor vehicle used exclusively in agricultural pursuits on farms as defined in RCW 46.16.010(3) and 46.04.181.|
|FIX||FIXED LOAD||Motor vehicle as defined in RCW 46.16.070(1). These vehicles have a unique use class because they are exempt from the law requiring vehicles with a scale weight of more than six thousand pounds to have a declared gross weight of at least 150 percent of the scale weight. The basic license fee is based on the declared gross weight for these vehicles and should be equal to the scale weight, or the next higher gross weight increment. If the scale weight exceeds the maximum legal limit for that vehicle, the declared gross weight needs to be equal to or just lower than the legal limit. Fixed load vehicles' maximum legal limit may actually be less than their scale weight. An oversize permit is required in addition to the registration in these cases.|
|F/H||FOR HIRE||Motor vehicle is used to transport people and/or commodities for compensation as defined in RCW 46.72.010. A for hire permit from business and professions division (BPD) is required.|
|Motor vehicle 40 years old or older licensed with ((
|H/D||HOUSE DOLLY||Vehicle constructed and used exclusively to move buildings or homes.|
|LOG||LOGGING||Vehicle is a truck or trailer used exclusively for hauling logs.|
|MEP||MEDIUM SPEED ELECTRIC PASSENGER VEHICLE||Medium speed electric vehicle as defined in RCW 46.04.295.|
|MET||MEDIUM SPEED ELECTRIC TRUCK-TYPE VEHICLE||Medium speed electric vehicle as defined in RCW 46.04.295 and 46.04 653. These vehicles are equipped with a truck-type bed.|
|MH||MOTOR HOME||Motorized vehicle designed for human habitation and defined in RCW 46.04.305|
|NEP||NEIGHBORHOOD ELECTRIC PASSENGER VEHICLE||Neighborhood electric vehicle as defined in RCW 46.04.357.|
|NET||NEIGHBORHOOD ELECTRIC TRUCK-TYPE VEHICLE||Neighborhood electric vehicle as defined in RCW 46.04.357 and 46.04.653. These vehicles are equipped with a truck-type bed.|
|Vehicle is used off-road as defined in RCW 46.09.020. A vehicle licensed only as an ORV may not be operated on public roadways, including ocean beaches, unless authorized under RCW 46.09.180.|
|PAS||PASSENGER||Motor vehicle used to transport passengers as defined in RCW 46.04.382. Typically passenger cars, utility or multipurpose vehicles, passenger vans, and private buses are licensed as passenger vehicles.|
|PED||MOPED||Motor vehicle as defined in RCW 46.04.304 and subject to the restrictions in RCW 46.61.710.|
|RES||RESTORED||Motor vehicles over 30 years old licensed with ((
|SCH||SCHOOL||Motor vehicle owned and operated by a private school meeting the accreditation requirements of RCW 28A.195.010. The vehicle is used to transport children to and from school or in connection with school activities.|
|SNO||SNOWMOBILE||Vehicle is a snowmobile as defined in RCW ((
|Vehicle is a snowmobile as defined in RCW 46.10.010(2) and owned by a city, county or state agency.|
|STA||STAGE||Motor vehicle used as an auto stage as defined in RCW 46.04.050.|
|TLR||TRAILER||Vehicle is a personal use trailer as defined in RCW 46.04.620. Trailers used by businesses or others for commercial purposes do not qualify for this use class.|
|TOW||TOW||Motor vehicle as defined in RCW 46.16.079 and 46.55.010(8). If the vehicle carries other vehicles, it does not qualify for the TOW use class and must be licensed as COM.|
|TRK||TRUCK||Motor vehicle is a personal use truck, with a declared gross weight of twelve thousand pounds or less. Trucks used for business or commercial purposes do not qualify for the TRK use class.|
|Vehicle is a travel trailer as defined in RCW 46.04.623, which includes park models and camp/tent trailers.|
No. If the vehicle qualifies as a motorcycle as defined in RCW 46.04.330 or 46.04.332, it will be licensed as a motorcycle for street use. However, if the vehicle has a bench seat and a steering wheel as defined in RCW 46.04.330 or 46.04.332, it will be licensed as a passenger vehicle or truck.
(5) What license plates and use class will be assigned to my for hire vehicle?
The license plates and use class assigned to your for hire vehicle depends upon how you use your vehicle. All for hire vehicles transport passengers and commodities for compensation. For hire vehicles include cabulances, limousines, taxi cabs, and buses hauling passengers for compensation in addition to transporting school children. There are two use classes and license plate combinations assigned to for hire vehicles:
(a) CAB use class vehicles are assigned passenger license plates. These vehicles are used exclusively for transporting passengers and their possessions; and
(b) F/H use class vehicles are assigned truck license plates. These vehicles not only transport passengers for compensation, but also transport commodities, without passengers, for compensation.
(6) When may truck license plates be assigned to my passenger vehicle?
Truck license plates may be assigned to your passenger vehicle whenever the vehicle is used to transport commodities, produce, freight or animals for commercial purposes. The use class would be COM instead of PAS. This would require a title application, a scale weight slip and a certified/notarized statement of use describing how the vehicle will be used commercially.
(7) What use classes and license plates will be assigned to school buses?
(a) EX use class and county exempt license plates will be assigned to a school bus owned or leased by an exempt agency (school district);
(b) SCH use class and passenger license plates will be assigned to a school bus owned or leased by an accredited private school;
(c) F/H use class and truck license plates will be assigned to school buses used for transporting passengers for compensation and not used exclusively for transporting school children to and from school or school related activities;
(d) (PAS) passenger; or
(e) (COM) commercial.
(8) May I license my motorcycle or any other motor vehicle for both road and off road use?
Yes, you may license your motorcycle or any other motor vehicle for both uses as long as the vehicle qualifies for road use. You will receive two registration certificates showing the vehicle is licensed for both uses. However, the certificate of ownership will show the use class associated with the road use.
(9) May I license my truck, truck tractor or tractor as a motor home?
Yes, you may license your truck, truck tractor or tractor as a motor home if:
(a) The vehicle has been permanently altered to meet((
the definition of a motor home in RCW 46.04.305; and
(b) You certify the vehicle qualifies as M/H and will be used exclusively as a motor home for personal use and not for commercial use.
(10) Is my truck, truck tractor or tractor which I use exclusively for towing my travel trailer licensed differently than any other like truck?
No. Your truck, truck tractor or tractor used exclusively for towing your travel trailer must be licensed in accordance with RCW 46.16.070. Depending on scale weight the use class will be TRK or COM.
[Statutory Authority: RCW 46.01.110. 07-22-091, § 308-96A-099, filed 11/6/07, effective 12/7/07; 01-12-099, § 308-96A-099, filed 6/6/01, effective 7/7/01. Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. 99-06-029, § 308-96A-099, filed 2/24/99, effective 3/27/99.]
Yes, you must license your vehicle to obtain a registration certificate. The registration certificate will indicate that your vehicle is a neighborhood or medium speed electric vehicle.
(2) What fees will I pay to license my neighborhood or medium speed electric vehicle?
You are required to pay all licensing fees for a passenger motor vehicle or truck (if equipped with a bed).
(3) Do I have to complete a form to license my motor vehicle?
Yes, in additional to all other forms required by law or rule, you must complete the Neighborhood/Medium Speed Electric Vehicle Certification form.
(4) If I use my vehicle for commercial purposes, is it licensed differently?
No. Your license will appear the same; however, if you wish to park in loading zones, you must license your motor vehicle with truck plates.
(5) Are there restrictions on where a neighborhood or medium speed electric vehicle can be driven?
Yes. The restrictions can be found in RCW 46.61.723 and 46.61.725.
(6) How do I prove that my motor vehicle qualifies as a neighborhood or medium speed electric vehicle?
New vehicles must have a statement on the manufacturer's statement of origin that indicates the motor vehicle conforms to federal regulations under Title 49 C.F.R. Part 571.500. If it is a used vehicle and the ownership document does not indicate it, the owner can complete the Neighborhood/Medium Speed Electric Vehicle Certification form as proof.