WSR 14-21-126
PROPOSED RULES
DEPARTMENT OF LICENSING
[Filed October 20, 2014, 7:43 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-12-086.
Title of Rule and Other Identifying Information: WAC 308-56A-455 Assembled and homemade vehicles.
Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on November 26, 2014, at 3:00 p.m.
Date of Intended Adoption: December 1, 2014.
Submit Written Comments to: Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, e-mail cholloway@dol.wa.gov, fax (360) 570-7048, by November 25, 2014.
Assistance for Persons with Disabilities: Contact Clark J. Holloway by November 25, 2014, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revises definition of assembled and homemade vehicles in accordance with suggestions from the Washington state patrol in order to more closely align with the best practices recommended by the American Association of Motor Vehicle Administrators.
Reasons Supporting Proposal: Improves clarity of the rule and aligns it with nationwide standards.
Statutory Authority for Adoption: RCW 46.01.110 and 46.12.560.
Statute Being Implemented: RCW 46.12.560.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting: Clark Holloway, Olympia, (360) 902-3846; Implementation and Enforcement: Toni Wilson, Olympia, (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 19.85.025(3) and 34.05.310 (4)(b).
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).
October 20, 2014
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 04-08-080, filed 4/6/04, effective 5/7/04)
WAC 308-56A-455 Assembled and homemade vehicles.
(1) What constitutes an assembled vehicle? An assembled vehicle is a vehicle that((:
(a) Has had the complete body or frame replaced with the body or frame from another commercially manufactured vehicle; or
(b) Had the body or frame cut in two and replaced with a major portion of the body or frame from another vehicle; or
(c) Has had a major modification so that the VIN no longer properly describes the vehicle; or
(d) Is a motorcycle on which the frame and engine are of different make or model years. An assembled vehicle is made from parts produced by recognized manufacturers for commercially produced vehicles, and can be recognized as one produced by a particular manufacturer)) has been constructed using a cab, body, or frame from two or more vehicles and has the same appearance as a vehicle that was manufactured under a specific year, make, and model by a manufacturer but the original vehicle identification number (VIN) no longer accurately describes the vehicle. Assembled vehicles do not include glider kits, custom ((built, replica,)) vehicles, street rods, salvage, or kit vehicles((, or trucks installed with a different bed)).
(2) How is the model year determined for an assembled vehicle? The Washington state patrol will determine the model year of an assembled vehicle upon inspection of the vehicle.
(3) What constitutes a homemade vehicle? A homemade vehicle is one that ((cannot visually be identified as produced by a particular manufacturer and is made primarily from fabricated parts. The make will be identified as homemade)) has been constructed from any combination of new, used, or homemade parts that does not resemble a vehicle that was manufactured under a specific year, make, and model by a manufacturer. This includes:
(a) A vehicle that has been structurally modified so that it does not have the same appearance as a similar vehicle from the same manufacturer;
(b) A vehicle that has been constructed entirely from homemade parts and materials not obtained from other vehicles; or
(c) A vehicle that has been constructed by using major component parts from one or more manufactured vehicles and cannot be identified as a specific make and model.
All homemade vehicles of a type requiring registration must be certified by the owner to meet all applicable federal motor vehicle safety standards in effect at the time construction is completed.
(4) How is the model year determined for a homemade vehicle? The Washington state patrol will determine the model year of a homemade vehicle upon inspection of the vehicle.
(5) What documents must I submit with my application for a certificate of ((ownership)) title for an assembled or homemade vehicle? You must submit the following documents with your application for certificate of ((ownership)) title:
(a) The certificate of ((ownership)) title or bills of sale for each vehicle or major component part used in the assembly or construction of the vehicle. The bills of sale must be notarized unless ((the seller is a licensed business)) purchased from an auto dealer or business licensed to sell auto parts. The bill(s) of sale must include:
(i) The names and addresses of the seller and purchaser;
(ii) A description of the part being sold, including the make, model and identification or serial number;
(iii) The date of sale;
(iv) The purchase price of the part; and
(v) The stock number if from a Washington licensed wrecker;
(b) A Washington state patrol inspection or inspection from other personnel authorized by the director verifying the vehicle identification number, make, model, and year; ((and))
(c) A completed declaration of value form; and
(d) A completed homemade/assembled vehicle use declaration form.
You may be required to apply for ownership in doubt as described in WAC 308-56A-210 if you do not have all the required documentation.
(6) What is required ((if I must)) to remove, destroy, or conceal a vehicle identification number plate on a vehicle or major component part to be used on my assembled or homemade vehicle? The vehicle or major component part containing the VIN plate must be presented to the Washington state patrol with the VIN plate intact. The WSP will remove the VIN plate and mark the vehicle or major component part so it can be identified when the assembled or homemade vehicle is ready for inspection.