WSR 11-19-072

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 16, 2011, 8:57 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-16-047.

Title of Rule and Other Identifying Information: Chapter 308-56A WAC, Certificates of title -- Motor vehicles, etc., to include but not limited to WAC 308-56A-500 Definitions.

Hearing Location(s): Department of Licensing, Conference Room 303, 1125 Washington Street S.E., Olympia, WA 98507, on November 3, 2011, at 11:00 a.m.

Date of Intended Adoption: November 4, 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 October 20, 2011.

Assistance for Persons with Disabilities: Contact Debra Then by October 20, 2011, TTY (360) 664-0116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making is to make the rules clearer and to clarify and correct the definition regarding impossible to affix front license plate.

Reasons Supporting Proposal: Providing clarity in the definition of "impossible" and correcting the RCW reference assists Washington state patrol in using this RCW for evaluating applications for exception to the requirement to affix a front license plate to a vehicle.

Statutory Authority for Adoption: RCW 46.01.110.

Statute Being Implemented: Chapters 46.12 and 46.16A RCW.

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

Name of Proponent: Melissa VanGorkom, government and media relations, Washington state patrol, governmental.

Name of Agency Personnel Responsible for Drafting: Debra Then, 1125 Washington Street S.E., Olympia, WA, (360) 902-4094; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, WA, (360) 902-4045.

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. A cost-benefit analysis is not required under RCW 34.06.328 [34.05.328] (5)(b)(iv), this change is only to clarify definition but does not change the actual effect of the rule.

September 10, 2011

Ben T. Shomshor

Rules Coordinator

OTS-4228.2


AMENDATORY SECTION(Amending WSR 09-19-113, filed 9/22/09, effective 10/23/09)

WAC 308-56A-500   Definitions.   The following definitions apply to terms used in chapters 46.12 and 46.16A RCW and chapter 308-56A WAC:

(1) "Affidavit in lieu of title" is a written declaration confirming the certificate of ((ownership)) title is unavailable, lost, stolen, destroyed or mutilated. The affidavit in lieu of title may be used to release interest in the vehicle. The signature of the owner completing the affidavit in lieu of title must be notarized or certified as described in WAC 308-56A-270.

(2) (("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 for 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.

(3))) "Affixed" means attached.

(((4))) (3) "Brands" means a permanent notation on the electric vehicle record which prints on the certificate of ((ownership)) title and vehicle registration certificate that records a circumstance or condition involving a vehicle.

(((5))) (4) "Brands incident date" is the date that a brand was first applied to a vehicle. For states/jurisdictions participating in the National Motor Vehicle Title Information System (NMVTIS), it's the date the brand was first reported. For all states or jurisdictions, it is established by using the date the current title was issued. Brands on Washington records prior to the effective date of this rule will reflect a brand incident date equal to the date the last Washington certificate of ((ownership)) title was issued.

(((6))) (5) "Certificate of ((ownership)) title" (also referred to as "certificate of ((title)) ownership" or "title") is a legal document indicating proof of ownership and will establish a fact or sustain a judgment unless contradictory evidence is produced. A certificate of ((ownership)) title may be a document other than a title when a title document is not issued by a jurisdiction. For example, for Canadian vehicles, the certificate of ((ownership)) title is the registration.

(((7))) (6) "Comment" means an indication on the certificate of ((ownership)) title, vehicle title or registration application, or vehicle registration certificate that relates to tax liability, type of ownership, title transaction type or ((a)) previous or current condition of the vehicle.

(((8))) (7) "Commercial parking company" means any business directly engaged in providing vehicle parking upon property owned or controlled by the business and approved for public parking of vehicles.

(((9))) (8) "Current license plate registration" means the current registration or one that has been expired less than one year.

(((10) "Department" means the same as described in RCW 46.04.162.

(11))) (9) "Department temporary permit" is a permit issued temporarily in lieu of ((permanent)) registration and license plates when required documentation is unavailable.

(((12))) (10) "Electronic/electronically filing" is a method to transmit information to the department that may include, but is not limited to, the use of the internet or facsimile.

(((13))) (11) "Involuntary divestiture" means a change in vehicle ownership without the registered owner's involvement.

(((14))) (12) "Impossible ((to affix))" as used in RCW ((46.12.240)) 46.16A.200, means that there ((is)) was nothing made by the manufacturer (to include, but not limited to, a bracket or the bumper of the vehicle) for the originally manufactured vehicle which would allow the license plate to be affixed to the vehicle in the manner prescribed in RCW ((46.12.240)) 46.16A.200.

(((15))) (13) "Joint tenancy with rights of survivorship" (JTWROS) means two or more people who own a vehicle in joint tenancy with the right to own individually if one of them dies.

(((16))) (14) "Jurisdiction code" means an abbreviation used by the department that indicates state, province, district, or country.

(((17) "Legal owner" means the same as described in RCW 46.04.270.

(18))) (15) "Lien holder" means a person or entity that has a legal right or interest in another's property until a debt or duty that it secures is satisfied.

(((19) "Market value threshold amount" is the amount assigned to vehicles which includes a motor vehicle amount as defined in RCW 46.12.005 is required.

(20) "Natural person" means a human being.

(21))) (16) "Not eligible for road use" (NEFRU) means a vehicle that does not meet Federal Motor Vehicle Safety standards, other federal or state standards for public road use as adopted, applied, and enforced by the Washington state patrol described in RCW 46.37.005.

(((22))) (17) "A declaration under penalty of perjury" means a statement signed by the applicant to the effect - "I declare under penalty of perjury under the laws of the state of Washington that the information I have provided on this form is true and correct." Anyone who knowingly makes a false statement may be guilty of a crime under state law.

(((23) "Person" means the same as described in RCW 46.04.405.

(24))) (18) "Personal representative" means:

(a) An individual appointed by the court; or

(b) An individual named in the last will and testament and confirmed by the court to manage the estate of a deceased person.

Personal representative may also include executor, administrator, special administrator, and guardian or limited guardian and special representative as defined in RCW 11.02.005(1).

(((25))) (19) "Registered owner" means the same as described in RCW 46.04.460.

(((26) "Security interest" means a property interest created by agreement or by operation of law to secure performance of an obligation (repayment of a debt).

(27))) (20) "Security interest holders" means in this instance, the same as "lien holder" as defined in subsection (((18))) (15) of this section.

(((28) "Secured party" means in this instance the same as "lien holder" as defined in subsection (18) of this section.

(29))) (21) "Standard brand" is a brand found on the brands list maintained by the National Motor Vehicle Title Information System (NMVTIS) program.

(((30))) (22) "Transferee" means a person to whom a vehicle is transferred, by purchase, gift, or any means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferee, when applicable.

(((31))) (23) "Transferor" means a person who transfers ownership in a vehicle by sale, gift, or any means other than by creation of a security interest and any person who, as agent, signs an odometer disclosure statement for the transferor, when applicable.

(((32))) (24) "Unique brand" means a brand issued by a state that is not participating in the National Motor Vehicle Title Information System (NMVTIS) program and does not appear on the brands list maintained by NMVTIS.

(((33))) (25) "((Vehicle seller's)) Report of sale" is a document as required by RCW 46.12.650 or electronic record transaction that protects the seller of a vehicle from certain criminal and civil liabilities arising from use of the vehicle by another person after the vehicle has been sold or a change of ownership has occurred.

(((34) A "vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(35))) (26) "Washington vehicle licensing office" means an office that is operated by the department or an agent or subagent appointed under RCW 46.01.140 for the purpose of carrying out the vehicle titling and registration provisions in Title 46 RCW.

[Statutory Authority: RCW 46.12.005 and 46.01.110. 09-19-113, 308-56A-500, filed 9/22/09, effective 10/23/09. Statutory Authority: RCW 46.01.110 and 46.12.101. 06-23-038, 308-56A-500, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 46.16.010. 05-23-135, 308-56A-500, filed 11/22/05, effective 1/3/06. Statutory Authority: RCW 46.01.110. 05-07-152, 308-56A-500, filed 3/23/05, effective 5/15/05; 04-08-081, 308-56A-500, filed 4/6/04, effective 5/7/04; 02-19-016, 308-56A-500, filed 9/9/02, effective 10/10/02. Statutory Authority: RCW 65.20.110. 00-13-083, 308-56A-500, filed 6/20/00, effective 7/21/00; 00-06-004, 308-56A-500, filed 2/18/00, effective 3/20/00; 90-11-091, 308-56A-500, filed 5/18/90, effective 6/18/90.]

Washington State Code Reviser's Office