PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 10-22-077.
Title of Rule and Other Identifying Information: TITLE 308 WAC, Licensing, department of, which includes chapter 308-56A WAC, certificates of title, motor vehicles; chapter 308-94 WAC, Snowmobiles; and chapter 308-94A WAC, off-road vehicles.
Hearing Location(s): Department of Licensing, Conference Room 303, 1125 Washington Street S.E., Olympia, WA 98507, on August 25, 2011, at 10:00 a.m. - 11:00 a.m.
Date of Intended Adoption: August 26, 2011.
Submit Written Comments to: Debra Then, P.O. Box 9037, Mailstop 48205, 1125 Washington Street S.E., Olympia, WA 98501-9037, e-mail dthen@dol.wa.gov, fax (360) 570-3706, by August 11, 2011.
Assistance for Persons with Disabilities: Contact Debra Then by August 11, 2011, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To make the rules clearer and to clarify the process for electronically filing dealer temporary permits.
Reasons Supporting Proposal: All vehicle dealerships licensed in Washington state were required to sign up for "e-permitting" (on-line dealer temporary permit application) by July 1, 2011. These WACs clarify the requirements for complying with the rules related to the e-permitting process.
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.
July 12, 2011
Ben T. Shomshor
Rules Coordinator
OTS-2973.3
AMENDATORY SECTION(Amending WSR 09-16-017, filed 7/24/09,
effective 8/24/09)
WAC 308-56A-420
Delivery of vehicle on dealer temporary
permit.
((How do I deliver a vehicle 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 an electronic dealer temporary permit or a hard copy dealer temporary permit.
(3) The dealer 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 must detach the hard copy of the dealer permit and must record the date of expiration in dark, bold letters and numbers on the permit side of that copy. Date of expiration is forty-five calendar days from the date the vehicle is physically delivered to the purchaser/lessee.
(5) The application copies 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 the vehicle is physically delivered to the purchaser/lessee. The date that the selling or leasing dealer physically delivers the vehicle to the purchaser/lessee will start the forty-five day interval 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 dealer temporary permit, temporary vehicle registration, and a purchase order identifying the vehicle and the date that the vehicle was physically delivered to the 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 dealer temporary permit 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 behind the vehicle.
(8) The electronic or hard copy dealer temporary permit is valid for not more than forty-five calendar days starting with the date that the vehicle is physically delivered to the purchaser/lessee.
(9) The electronic or hard copy dealer temporary permit will not be issued:
(a) For a dealer inventoried vehicle that has not been sold or a dealer or dealer-employee operated vehicle;
(b) As a demonstration permit;
(c) For a vehicle processed as a courtesy delivery.
(10) Fees paid for an electronic or hard copy dealer temporary permit application forms are not refundable unless the dealer ceases doing business as a vehicle dealer.
(11) The dealer must maintain a record of each dealer temporary permit 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.)) (1) How does a Washington licensed vehicle dealer deliver a vehicle using a dealer temporary permit?
(a) Washington licensed vehicle dealers may deliver a vehicle that is not currently registered, or that does not have valid Washington license plates, tabs, decals, or gross weight, or the current tabs will expire within forty-five days of the date of delivery, by using an e-permit or a hard copy (paper/card stock) dealer temporary permit.
(b) The application for title part of the dealer temporary permit form must be properly and completely filled out by the selling or leasing dealer, including the dealer's report of sale and the date on which the vehicle is physically delivered to the purchaser or 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.
(c) The Washington licensed vehicle dealer must collect all fees required for titling and registration of a vehicle.
(d) For e-permits, the permit printed by the e-permitting 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 or lessee.
(e) For hard copy (paper/card stock) permits, the Washington licensed vehicle dealer must detach the card stock portion of the dealer temporary permit and record the date of expiration in dark, bold letters and numbers on the permit side of that copy. The date of expiration is forty-five calendar days from the date the vehicle is physically delivered to the purchaser or lessee.
(f) The application copies must be used by the Washington licensed 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 titling and licensing fees to the department of licensing or an authorized licensing agent within forty-five calendar days from the date the vehicle is physically delivered to the purchaser or lessee. The date that the selling or leasing dealer physically delivers the vehicle to the purchaser or lessee will start the forty-five day interval 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.
(g) The e-permit or hard copy (paper/card stock) dealer temporary permit, temporary vehicle registration, and a purchase order identifying the vehicle and the date that the vehicle was physically delivered to the purchaser or lessee must be carried in the vehicle or the towing vehicle at all times the vehicle is operated on the dealer temporary permit.
(h) The e-permit or hard copy (paper/card stock) dealer temporary permit 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 behind the vehicle.
(i) The e-permit or hard copy (paper/card stock) dealer temporary permit is valid for not more than forty-five calendar days starting with the date that the vehicle is physically delivered to the purchaser or lessee.
(j) The e-permit or hard copy (paper/card stock) dealer temporary permit will not be issued:
(i) For a dealer inventoried vehicle that has not been sold or a dealer or dealer-employee operated vehicle;
(ii) As a demonstration permit;
(iii) For a vehicle processed as a courtesy delivery;
(iv) For out-of-state residents unless Washington registration is intentionally being obtained.
(k) Fees paid for e-permit or hard copy (paper/card stock) dealer temporary permit application forms are not refundable unless the dealer ceases doing business as a vehicle dealer.
(l) Washington licensed dealers must maintain a record of each dealer temporary permit acquisition and distribution including the following:
(i) Date and location of purchase of each permit and the permit number;
(ii) Identification of vehicles delivered on temporary permits;
(iii) Dates of vehicle sales, leases and deliveries.
(2) Customer's complete name.
[Statutory Authority: RCW 46.01.110. 09-16-017, § 308-56A-420, filed 7/24/09, effective 8/24/09. 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.]
OTS-4068.2
NEW SECTION
WAC 308-56A-425
Obtaining dealer temporary permits.
(1)
What is a dealer temporary permit? For the purposes of vehicles,
a dealer temporary permit is a combination title application and
temporary registration used by Washington licensed vehicle
dealers when delivering a vehicle that is not currently
registered, or does not have valid Washington license plates,
tabs, decals, or gross weight, or the current tabs will expire
within forty-five days of the date of delivery.
(2) How does a Washington licensed vehicle dealer obtain dealer temporary permits? Washington licensed vehicle dealers may purchase dealer temporary permits at any Washington vehicle licensing office for the fee required in RCW 46.17.400.
(3) What will Washington licensed vehicle dealers receive when purchasing dealer temporary permits? Washington licensed vehicle dealers will receive either:
(a) Hard copy (paper/card stock) dealer temporary permits; or
(b) Electronic dealer temporary permits (e-permits).
(4) What are e-permits, and when are Washington licensed vehicle dealers required to use them? E-permits are dealer temporary permits issued through an on-line e-permitting system required by RCW 46.16A.300. All Washington licensed vehicle dealers must use the e-permitting system by July 1, 2011.
(5) Will Washington licensed vehicle dealers be able to use and issue hard copy (paper/card stock) dealer temporary permits after July 1, 2011? Washington licensed vehicle dealers will be able to use and issue hard copy (paper/card stock) dealer temporary permits after July 1, 2011, only if signed up for the e-permitting system.
(6) What are Washington licensed vehicle dealers required to do beginning July 1, 2011, when using and issuing hard copy (paper/card stock) dealer temporary permits? In addition to the requirements in WAC 308-56A-420, Washington licensed vehicle dealers who issue hard copy (paper/card stock) dealer temporary permits must enter the hard copy (paper/card stock) dealer temporary permit information into the department's e-permitting system within twenty-four hours of issuance or hardware/software resolution or within twenty-four hours of returning to the office if the hard copy was issued off-site.
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OTS-3892.1
AMENDATORY SECTION(Amending WSR 05-01-090, filed 12/13/04,
effective 1/13/05)
WAC 308-94-105
Delivery of snowmobile on dealer temporary
permit.
(((1) How are snowmobile dealer temporary permits used?
By licensed snowmobile dealers as a dealer temporary permit.
(2) How is the dealer temporary permit application issued and completed?
(a) The dealer temporary permit application is issued by and must be completed by the selling dealer.
(b) The application must be signed by the registered owner(s).
(c) The dealer must collect all fees required for registration of a snowmobile.
(d) The dealer must detach the hard copy of the dealer permit and record the date of expiration in dark, bold letters and numbers on the permit side of that copy. Date of expiration will be forty-five calendar days after date on which the snowmobile is physically delivered to the customer/purchaser.
(e) The application copies must be used by the dealer to apply for registration of the snowmobile. Except as provided in chapter 46.10 RCW the selling dealer must submit the application and all registration fees to the department of licensing or an authorized licensing agent within forty-five calendar days from the date of sale.
(f) The hard copy of the permit and a purchase order identifying the snowmobile and the date on which the snowmobile is delivered to the customer must be carried on the snowmobile or on the person operating the snowmobile at all times the snowmobile is operated on the temporary permit.
(3) How long is the dealer temporary permit valid? The dealer temporary permit is valid for not more than forty-five calendar days commencing with the date on which the vehicle is delivered to the customer.
(4) What restrictions apply to the dealer temporary permit?
(a) The dealer temporary permit must not:
(b) Be issued for a dealer inventoried or a dealer or dealer-employee operated snowmobile;
(c) Be issued as a demonstration permit;
(d) Be issued for a snowmobile processed as a courtesy delivery.
(5) Are fees paid for the dealer temporary permit application forms refundable? Fees paid for dealer temporary permit application forms are not refundable unless the dealer ceases doing business as a snowmobile dealer.
(6) Is the dealer reimbursed for the cost of the dealer temporary permit when used? Yes, a credit in the amount of the permit form fee will be credited when the permit is used by the snowmobile dealer to make application for a snowmobile registration.
(7) Is the dealer required to keep a record of the permits? Yes, the dealer must maintain a record of each dealer temporary permit form acquisition and distribution including the following:
(a) Snowmobile purchaser's names;
(b) Vehicle identification number;
(c) Dates of snowmobile sales and deliveries; and
(d) Date and location of purchase of each permit form and the permit number.
(8) Is the dealer required to submit the application for registration within a certain period of time? Yes, the dealer must submit the application for registration in accordance with WAC 308-94-030 within forty-five days from the date of delivery of the snowmobile to the customer.
The director may excuse late applications only in situations where applications are delayed for reasons beyond the control of the dealer.)) What are the requirements for Washington-licensed snowmobile dealers when purchasing and issuing dealer temporary permits? Washington-licensed snowmobile dealers must follow the same requirements as provided in WAC 308-56A-420 and 308-56A-425.
[Statutory Authority: RCW 46.01.110. 05-01-090, § 308-94-105, filed 12/13/04, effective 1/13/05; 01-11-070, § 308-94-105, filed 5/14/01, effective 6/14/01.]
OTS-3841.1
NEW SECTION
WAC 308-94A-035
Delivery of off-road vehicle on dealer
temporary permit.
What are the requirements for Washington
licensed off-road vehicle dealers when purchasing and issuing
dealer temporary permits? Washington licensed off-road vehicle
dealers must follow the same requirements as provided in WAC 308-56A-420 and 308-56A-425, with the exception that the off-road
vehicle dealer must apply for title in the purchaser's name
within fifteen days following the sale as defined in RCW 46.09.330.
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