Preproposal statement of inquiry was filed as WSR 10-24-051.
Title of Rule and Other Identifying Information: WAC 308-96A-005 Definitions, 308-96A-350 Vehicle violations, and 308-96A-355 Satisfaction of vehicle violations.
Hearing Location(s): Department of Licensing, Conference Room 303, 1125 Washington Street S.E., Olympia, WA 98507, on July 28, 2011, at 10:00 a.m.
Date of Intended Adoption: August 22, 2011.
Submit Written Comments to: Debra Then, P.O. Box 9037, Mailstop 48205, 1125 Washington Street S.E., Olympia, WA 98501-9037, e-mail firstname.lastname@example.org, fax (360) 570-3706, by July 15, 2011.
Assistance for Persons with Disabilities: Contact Debra Then by July 15, 2011, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes to the rule are required to comply with ESSB 6499 passed by the legislature during the 2010 regular session.
Reasons Supporting Proposal: To clarify the process for issuing and satisfying vehicle violations regarding toll violations.
Statutory Authority for Adoption: RCW 46.01.110.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: , governmental.
Name of Agency Personnel Responsible for Drafting: Debra Then, 1125 Washington Street S.E., Olympia, WA, (360) 902-4094; Implementation and Enforcement: Jennifer Dana, 1125 Washington Street S.E., Olympia, WA, (360) 902-3673.
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.
June 21, 2011
Ben T. Shomshor
AMENDATORY SECTION(Amending WSR 06-21-027, filed 10/9/06, effective 11/9/06)
WAC 308-96A-005 Terminology -- Definitions. Terms used in chapter ((
46.16)) 46.16A RCW and this chapter will have the
following meanings except where otherwise defined, and where
the context clearly indicates the contrary:
"Affidavit of loss" is a written statement
confirming the certificate of ownership, registration
certificate, validation tab or decal has been lost, stolen,
destroyed or mutilated. The affidavit of loss release of
interest form may be used to release interest in the vehicle
and transfer gross weight license of that vehicle to a new
owner. The signature of the owner completing the affidavit of
loss release of interest must be notarized or certified as
described in WAC 308-56A-270.
(2) "Agent" means any county auditor, or other individual or business entity other than a subagent appointed to carry out vehicle licensing and titling functions for the department. (RCW 46.01.140.)
(3))) "Application" means a form provided or approved by the department to apply for different types of services and documents.
(4))) (2) "Cab and chassis" is an incomplete vehicle
manufactured and sold with only a cab, frame and running gear.
(5))) (3) "Certificate of license registration" means a
document issued by the department and required by RCW
(( 46.16.260)) 46.16A.180 to be carried in the vehicle to
operate legally on the roadways of Washington and described in
RCW (( 46.12.050)) 46.12.540.
(6))) (4) "Chattel lien" is a process by which a person
may sell or take ownership of a vehicle when:
(a) They provide services or materials for a vehicle at the request of the registered owner; and
(b) The person who provided the services and/or materials has not been compensated.
(7) "Collector vehicle license plate" is a special
license plate that may be assigned to a vehicle that is more
than thirty years old as authorized by RCW 46.16.305(1).
(8))) (5) "Confidential" and "undercover" license plates
are standard issue license plates assigned to vehicles owned
or operated by public agencies. These license plates are used
as specifically authorized by RCW 46.08.066)) have the same
meaning as provided in RCW 46.04.142.
(9))) (6) "Current year" means the current registration
year unless otherwise stated. (WAC 308-96A-260.)
(10) "Department" means the department of licensing. (RCW 46.04.162.)
(11) "Empty scale weight" means the same as "scale weight" in this section.
(12))) (7) "Exception reports" means the main source of communication between jurisdictions and the department of licensing as computer reports that must be used by the jurisdiction to correct errors they have submitted to the department. Reports are received by all participating jurisdictions, whether processing vehicle violations manually or electronically.
(8) "Expiration day and month."
(a) "Date of expiration" or "expiration date" means the day of the month on which the vehicle registration, gross weight license, decal or tabs expire.
(b) "Month of expiration" or "expiration month" means the calendar month during which a registration period ends. (WAC 308-96A-260.)
(13))) (9) "Fleet" means a group of vehicles registered
in the same owner name and which have been assigned the same
fleet identifier code by the department.
(14) "Fixed load vehicle" is a vehicle that is exempt
from the one hundred fifty percent gross weight requirements
as specified in RCW 46.16.079 and described in WAC 308-96A-099.
(15))) (10) "Gross weight," "declared gross weight," and
"tonnage" mean gross weight defined in RCW ((
46.16.090, 46.16.111)) 46.16A.455, 46.16A.425, 46.04.140 and
chapter 46.44 RCW.
(16) "Gross vehicle weight rating" (GVWR) means the
value specified by the manufacturer as a maximum load weight
of a single vehicle.
(17) "Hybrid motor vehicle" means a vehicle that uses multiple power sources or fuel types for propulsion and meets the federal definition of a hybrid motor vehicle.
(18))) (11) "Identification card" means the
identification card referred to in RCW ((
46.19.010 for disabled parking privileges and is used for
identification of persons with disabilities.
(19))) (12) "Indian country" means all lands,
notwithstanding the issuance of any patent, within the
exterior boundaries set aside by the United States for the use
and occupancy of Indian tribes by treaty, law or executive
order and which are areas currently recognized as "Indian
country" by the United States Department of the Interior as
referenced in 18 U.S.C. 1151 and CFR 25.
(20))) (13) "Indian tribe" means a Washington Indian
nation, tribe, band, or community recognized as an "Indian
tribe" by the United States Department of the Interior.
(21))) (14) "Indian" means a person on the tribal rolls
of the Washington Indian tribe occupying Indian country.
(22))) (15) "Individual with disabilities parking
placard expiration date" means the last day of the month as
specified on the department placard.
(23))) (16) "Jurisdiction" as used in the (( parking
ticket)) vehicle violation system means any district,
municipal, justice, superior court, Washington state
department of transportation, or authorized representative of
one of these entities.
(24))) (17) "Jurisdiction seal" means an embossed seal
or stamp provided by the jurisdiction to authenticate
(( court)) documents provided by jurisdictions.
(25))) (18) "Landlord's lien" for rent is a process by
which a landlord may sell or take ownership of a tenant's
vehicle as security for rent due.
(26))) (19) "License or licensing" and "register or
registering" are synonymous and mean the act of registering a
vehicle under chapter (( 46.16)) 46.16A RCW.
(27))) (20) "License fee" means the fees required for
the act of licensing a vehicle under chapter (( 46.16)) 46.17
RCW. License fee does not include license plate fees
identified as taxes, and fees collected by the department for
(28) "License tab fees" means the same as described in
(29))) (21) "Licensed physician" for the purpose of
individual with disabilities parking privileges, means:
Chiropractic physicians, naturopaths, medical doctors,
osteopathic physicians, podiatric physicians, and advanced
registered nurse practitioners. Licensed physician does not
include persons licensed in the professions of dentistry and
optometry. (RCW ((
(30) "Motor home" means a vehicle designed or altered
for human habitation as described in RCW 46.04.305.
(31))) (22) "Municipality" in reference to parking tickets, means every court having jurisdiction over offenses committed under RCW 46.20.270.
(32) "Natural person" means a human being.
(33))) (23) "NCIC number" means the numeric code assigned by the National Crime Information Center to identify a jurisdiction.
(34))) (24) "One hundred twenty-day notice" in
reference to (( parking)) vehicle violations means a notice of
(( parking)) vehicle violations that must be satisfied prior to
the registration renewal date. (RCW (( 46.16.216))
(35) "Parking ticket)) (25) "Vehicle violation
disposition" means the requested action as determined by the
jurisdiction to add failure-to-pay (( parking)) vehicle
violations, or to remove paid (( parking)) vehicle violations
from a vehicle record. (RCW (( 46.16.216)) 46.16A.120.)
(36) "Parking)) (26) "Vehicle violation" means any
standing, stopping (( or parking)), toll nonpayment civil
penalty, automated traffic safety camera infractions, or
vehicle violation per RCW 46.20.270(3).
(37) "Parking)) (27) "Vehicle violation list" means a
computerized list containing all outstanding (( parking))
vehicle violations, which have been processed by the
department. (RCW (( 46.16.216(1))) 46.16A.120.)
(38))) (28) "Permanent" in reference to individual with
disabilities parking privileges, means a licensed physician
has certified that a qualifying condition is expected to last
at least five years. (RCW (( 46.16.381)) 46.19.010. WAC 308-96A-306.)
(39))) (29) "Permanent fleet" means a group of (( one
hundred)) fifty or more vehicles registered in the same
owner(s) name and which have been assigned the same fleet
identifier code by the department and has an expiration date
of December 31st of each year. (WAC 308-96A-161.)
(40))) (30) "Permit" in reference to individual with
disabilities parking privileges means the proof provided by
the department in the form of placard(s), special license
plate(s) and an identification card indicating eligibility for
individual with disabilities parking privileges. (RCW
(( 46.16.381)) 46.19.010.)
(41) "Personalized license plates" are plates denoting
the registered owner's chosen format or designation and are
limited to those described in RCW 46.16.560, 46.16.570, and
46.16.580. (WAC 308-96A-065.)
(42))) (31) "Personal use vehicle" in reference to disabled veteran's, prisoners of war and congressional medal of honor plates, means vehicles not used for commercial purpose including: Passenger vehicles, motor homes, motorcycles, and trucks with designated gross vehicle weight not exceeding twelve thousand pounds. Registration ownership must be in the name of the individual and not in the business name. (WAC 308-96A-046.)
(43))) (32) "Placard" is an item issued to individuals
who qualify for special individual with disabilities parking
privileges under RCW (( 46.16.381)) 46.19.010 and are entitled
to receive from the department of licensing in the form of a
removable windshield placard bearing the international symbol
of access and individual serial number.
(44))) (33) "Private carriers" means those entities
contracting with public transportation authorities to
transport persons with disabilities described in RCW
(( 46.16.381)) 46.19.010.
(45) "Private use trailer" means one that is owned by a
natural person, and used for the private noncommercial use of
(46))) (34) "Privilege" in reference to individual with
disabilities parking privileges means permission to utilize
the benefits associated with the permit. (RCW ((
46.19.010, 46.61.582 and (( 70.84.090)) chapter 70.84 RCW (July
1, 2011, version). WAC 308-96A-306.)
(47))) (35) "Public transportation authorities" means
those entities operating motor vehicles owned or leased by
Washington state, or a town, city, county, municipality, or
metropolitan or municipal corporation within the state, or
United States government agencies or Indian nations used for
the primary purpose of transporting persons with disabilities
described in RCW (( 46.16.381)) 46.19.010.
(48))) (36) "Regular fleet" means a group of five or
more vehicles registered in the same owner(s) name and which
have been assigned the same fleet identifier code by the
department and has an expiration date of December 31st of each
year. (WAC 308-96A-161.)
(49) "Rental car" means a car that is rented as defined
in RCW 46.04.465.
(50) "Renewal notice" means the notice to renew a vehicle license. Renewal notices are sent to the registered owner approximately sixty days prior to the current expiration date.
(51))) (37) "Salvage title" means a certificate of title issued by another jurisdiction designating a motor vehicle as a "salvage vehicle."
(52) "Scale weight" means the weight of a vehicle as it
stands without a load. (RCW 46.16.070, 46.16.111, and chapter 46.17 RCW.)
(53))) (38) "Self-storage facilities lien" is a process by which the owner of a self-storage facility may sell a vehicle stored at the facility as security for rent or other charges due.
(54))) (39) "Signature" means any memorandum, mark,
sign or subscriptions made with intent to authenticate an
application. (RCW 9A.04.110(23).)
(55) "Special mailer" means the notice sent by the
department in lieu of a renewal notice. The special mailer
indicates additional or corrective information that must be
provided at the time of registration renewal.
(56) "Subagent" means individual(s) recommended by an agent and appointed by the director to provide vehicle and vessel licensing and titling services under contract with the agent as described in RCW 46.01.140.
(57) "Tab(s)" means stickers, issued by the department, affixed to the rear license plate to identify the registration expiration month and year for a specific vehicle.
(58) "Transit permit" means a document that authorizes an individual to operate a vehicle on a public highway of this state solely for the purpose of obtaining necessary documentation to complete and apply for a Washington certificate of ownership or registration, and does not allow unrestricted use of the vehicle. (WAC 308-96A-026.)
(59))) (40) "Unprocessed" as used in ((
vehicle violation system means (( no)) an update of the
computer record has not (( been updated)) occurred.
(60))) (41) "Use classes" means those vehicles
described in WAC 308-96A-099.
(61))) (42) "Vehicle data base record" means the
electronic record stored on the department's motor vehicle
data base reflecting vehicle and ownership information.
(62))) (43) "Vehicle/vessel (( seller's)) report of
sale" means a document or electronic record transaction that
when properly filed protects the seller of a vehicle/vessel
from certain criminal and civil liabilities arising from use
of the vehicle/vessel by another person after the
vehicle/vessel has been sold or a change in ownership has
[Statutory Authority: RCW 46.16.010. 06-21-027, § 308-96A-005, filed 10/9/06, effective 11/9/06. Statutory Authority: RCW 46.16.381. 04-14-077, § 308-96A-005, filed 7/6/04, effective 8/6/04. Statutory Authority: RCW 46.01.1110, 46.16.135, 46.16.225, 46.16.490, 46.17.276. 02-17-024, § 308-96A-005, filed 8/12/02, effective 9/12/02. Statutory Authority: RCW 46.01.110, 46.16.135, 126.96.36.199 [46.16.225], 46.16.490, and 46.16.276. 01-17-017, § 308-96A-005, filed 8/3/01, effective 9/3/01. Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.17.276. 00-09-008, § 308-96A-005, filed 4/6/00, effective 5/7/00. Statutory Authority: RCW 46.01.110. 97-10-003, § 308-96A-005, filed 4/24/97, effective 5/25/97. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. 94-17-044, § 308-96A-005, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110. 93-14-083, § 308-96A-005, filed 6/30/93, effective 7/31/93; 92-15-025, § 308-96A-005, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, § 308-96A-005, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.01.110 and 46.16.335. 91-15-006, § 308-96A-005, filed 7/8/91, effective 8/8/91. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), § 308-96A-005, filed 5/28/87. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. 86-10-040 (Order TL/RG 24), § 308-96A-005, filed 5/5/86; Order MV-355, § 308-96A-005, filed 5/10/76; Order MV-328, § 308-96A-005, filed 7/24/75.]
AMENDATORY SECTION(Amending WSR 01-17-091, filed 8/20/01, effective 9/20/01)
WAC 308-96A-350 Outstanding ((
violations -- Information to be supplied to the department by
(1) How is the department notified of
outstanding (unpaid) (( parking)) vehicle violations? The
jurisdiction notifies the department of outstanding
(( parking)) vehicle violations. The notice will include the
(a) Jurisdiction name.
(b) NCIC number/originating agency identifier (ORI)/jurisdiction ID.
Parking)) Vehicle violation number.
(d) Date ((
parking)) vehicle violation was issued.
(e) Vehicle license plate number.
(f) Fine and penalty amount.
(g) Jurisdictions seal, except if filed electronically.
(h) Signature and date when required on form, except if filed electronically.
(2) When will the department accept ((
violations for a vehicle data base record by a jurisdiction?
An original report against a vehicle record must contain a
minimum of two outstanding violations from one jurisdiction. Subsequent reports against that vehicle by that same
jurisdiction may be for a single violation unless the vehicle
record indicates all existing violations have been paid and no
further violations have been accrued in the thirteen months
following the payment. If thirteen months have elapsed, the
jurisdiction must submit an original report containing a
minimum of two violations.
(3) What methods do jurisdictions use to notify the
department of ((
parking)) vehicle violations? Information
must be provided in accordance with department instructions
(a) A form ((
issued)) created or approved by the
(b) A computer listing sheet; or
(c) Electronic format.
(4) What methods do jurisdictions use to correct invalid, incomplete or inaccurate record transactions received and processed by the department electronically or manually?
(a) Reconcile and correct errors identified on the exception reports provided by the department; and
(b) Submit corrected transactions to the department.
[Statutory Authority: RCW 46.01.110, 46.12.040, 46.12.216. 01-17-091, § 308-96A-350, filed 8/20/01, effective 9/20/01. RCW 46.01.110, 46.12.040, 46.16.216. 00-03-057, § 308-96A-350, filed 1/18/00, effective 2/18/00; 91-04-024, § 308-96A-350, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.110. 84-17-074 (Order TL-RG 7), § 308-96A-350, filed 8/15/84.]
AMENDATORY SECTION(Amending WSR 01-17-091, filed 8/20/01, effective 9/20/01)
WAC 308-96A-355 Satisfaction of ((
violations -- Information to be supplied by issuing
What happens when outstanding (( parking))
vehicle violations are satisfied? Upon satisfaction of
(( parking)) vehicle violations previously reported as
outstanding against a vehicle, the issuing jurisdiction must:
(1) Furnish the registered owner with a proof of payment form; and
Supply)) Notify the department (( with the following
information)) within ten days of satisfaction of the
(( parking)) vehicle violations.
The information must be on a form approved by the
department, on a computer listing sheet or electronic format
in accordance with department instructions containing:)) (3)
Both proof of payment and notification to the department must
(a) Jurisdiction name((
(b) NCIC number/originating agency identifier
Parking)) Vehicle violation number(( ,));
(d) Date ((
parking)) vehicle violation was issued(( ,));
(e) Vehicle license plate number((
(f) Date of satisfaction((
(g) Jurisdiction seal, except if filed
(h) Signature of ((
court)) representative and date
signed, except if filed electronically.
Information must be provided on a form approved by the
department on a computer listing sheet or electronic format in
accordance with department instructions.)) (4) If filed
electronically, must be in accordance with department
[Statutory Authority: RCW 46.01.110, 46.12.040, 46.12.216. 01-17-091, § 308-96A-355, filed 8/20/01, effective 9/20/01. RCW 46.01.110, 46.12.040, 46.16.216. 00-03-057, § 308-96A-355, filed 1/18/00, effective 2/18/00. Statutory Authority: RCW 46.01.110. 84-17-074 (Order TL-RG 7), § 308-96A-355, filed 8/15/84.]