DEPARTMENT OF LICENSING
[Filed April 2, 2019, 1:20 p.m.]
Supplemental Notice to WSR 19-04-102.
Preproposal statement of inquiry was filed as WSR 18-23-081.
Title of Rule and Other Identifying Information: Chapter 308-61 WAC, Unauthorized and abandoned vehicles.
Date of Intended Adoption: May 2, 2019.
Submit Written Comments to: Robert Norton, Department of Licensing, P.O. Box 9030, Olympia, WA 98507-9030, 360-902-3701, email RNORTON@DOL.WA.GOV, by May 1, 2019.
Assistance for Persons with Disabilities: Contact Robert Norton, phone 360-902-3701, email RNORTON@DOL.WA.GOV, by May 1, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed language
establishes guidelines and procedures under chapter 308-61 WAC to guide the proper administration and disbursement of funds from the abandoned recreational vehicle program.
The reason for the supplemental filing is that after hearing from the industry partners, we determined that we should adjust the reimbursement amounts and language in the proposed rules to reflect the feedback that we received and to allow for maximum coverage from the available program funds.
Reasons Supporting Proposal: Key stakeholders, including members of the Tow and Recovery Association of Washington
and the Automotive Recyclers of Washington, supported legislation to create this new program to ease the financial burdens to towing, wrecking and scrap metal businesses who are experiencing continuing problems and financial impact involving the proper disposal of abandoned recreational vehicles.
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: Robert Norton, 1125 Washington Street S.E., Olympia, WA 98507, 360-902-3701; Implementation and Enforcement: George Price, 1125 Washington Street S.E., Olympia, WA 98507, 360-902-0120.
A school district fiscal impact statement is not required under RCW 28A.305.135
A cost-benefit analysis is not required under RCW 34.05.328
. Changes will add no additional costs to stakeholders.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025
(3) as the rule content is explicitly and specifically dictated by statute.
April 2, 2019
WAC 308-61-195Abandoned recreational vehicle—Criteria and required information.
(1) What costs will be reimbursed? Vehicles will be reimbursed for qualified towing, transporting, storing, dismantling, and disposal costs commencing May 1, 2019, and after. Activities prior to May 1, 2019, are not reimbursable.
(2) What are the criteria for an abandoned recreational vehicle to be eligible for reimbursement? The vehicle must:
(a) Be impounded from public property;
(b) Be abandoned pursuant to chapter 46.55
(c) Have the last known registered owner be unknown after a reasonable effort compliant with RCW 46.55.100
(d) Have received no bids at auction; or
(e) Be declared an abandoned junk vehicle by a law enforcement officer.
(3) What vehicle information must be provided to the department upon request for reimbursement? All required information, if known, as listed on the department-approved form, to include at a minimum:
(a) Vehicle identification number (VIN);
(b) Model year;
(e) Body style;
(g) Vehicle type;
(h) Plate number; and
(i) Plate state.
WAC 308-61-197Abandoned recreational vehicle—Application and review.
(1) What is the application process?
(a) All vehicles must first be handled through the abandoned vehicle process with an abandoned vehicle report (AVR) submitted to the department, or through the junk vehicle affidavit process.
(b) The requestor asking for reimbursement must be one of the following businesses and be licensed at time of the activity in which requesting reimbursement:
(i) A registered tow truck operator (RTTO), as defined by RCW 46.55.010
(ii) A vehicle wrecker, as defined by RCW 46.80.010
(iii) A scrap processor, as defined by RCW 46.79.010
(iv) A scrap metal business, as defined by RCW 19.290.010
(c) Each business must complete their process before making application for reimbursement for that vehicle:
(i) An RTTO's process is considered complete when the vehicle is moved to a licensed vehicle wrecker, scrap processor or scrap metal business for disposal. A written record of delivery to a licensed dismantler or authorized disposal site will also be required with the abandoned recreational vehicle application. A copy of that report shall be maintained in the RTTO's vehicle transaction file.
(ii) A vehicle wrecker, scrap processor, or scrap metal business's process is considered complete when the vehicle has been dismantled and/or destroyed in a way that no major component remains useable as the original vehicle. It shall be included on the wrecker monthly report as a destroyed vehicle and a certificate of fact (available on the department's web site) stating that the vehicle has been properly and completely destroyed in such manner as to not be usable as a vehicle, again.
(d) A request must be submitted on a form prescribed by the department and include a copy of the original AVR, junk title affidavit or title or wrecker/salvage processor monthly report and complete supporting documentation including written record of transport to a licensed dismantler or disposal site and all receipts verifying all costs requested for reimbursement.
(e) The RTTO, vehicle wrecker, scrap processor, or scrap metal business must submit their request for reimbursement by the end of the subsequent month following the activity.
(2) What is the review process?
(a) All requests will be reviewed and processed in the order received.
(b) The application and all required supporting documentation will be reviewed for the vehicle's eligibility and completeness.
(c) Once all qualifying criteria are met, a notation will be made on the record for that vehicle or a new record will be created for the vehicle.
(d) All vehicles reviewed will be grouped by each individual business submitting the request and in the order received in order to process one monthly payment.
(e) A vehicle summary and totals will be calculated and a disbursement will be ordered by the fifth business day of the following month.
(f) Incomplete applications will be returned to the business and will be eligible for reconsideration based on the new date of submission.
(3) Can I appeal an application that has been denied reimbursement?
(a) Yes. If an abandoned recreational vehicle has been denied for reimbursement by the department, the business shall be notified by the department in writing what information is required to complete the application for reimbursement or the reasons why the vehicle failed to meet the required criteria. The vehicle may be resubmitted with any required information for additional review.
(b) If the appeal has been reviewed and the vehicle is found to meet all requirements for reimbursement, the vehicle will be processed in the current month and order the appeal was received. Disbursements will be made by the fifth business day of the following month.
WAC 308-61-203Abandoned recreational vehicle—Reimbursements.
(1) When will the reimbursement happen? The abandoned RV program manager will process all reimbursement by the fifth business day of the month following the month that the reimbursement was received on vehicles that have met all criteria for eligibility.
(2) How/when will I get notified of the reimbursement?
(a) No confirmation of receipt for an application for reimbursement will be sent on any vehicle.
(b) If a qualified business is receiving a reimbursement for any vehicles that have been submitted, the business will receive one payment for the total of any qualified disbursements processed during the prior month along with a letter of confirmation for the vehicles included in that reimbursement.
(c) If a vehicle is not eligible for reimbursement, the department shall notify the business of the determination in writing.
(3) What if funds for reimbursements are unavailable? The reimbursements are dependent upon sufficient funding within the abandoned recreational vehicle account. If sufficient funds are not currently available when an otherwise eligible request is received, the department will hold the request in the order it was received. The department shall notify the requestor in writing that the request is being held. When funding within the abandoned recreational vehicle account is sufficient for disbursement the department will process requests being held for that business in the order they were received.
WAC 308-61-207Abandoned recreational vehicle—Turning over collections to the department.
What if funds are received through collection efforts after receiving reimbursement from the department? Any funds received by the registered tow truck operator, wrecker, vehicle scrap, or scrap metal business as a result of collection activities shall be turned over to the department for any vehicles the business received reimbursements for.
WAC 308-61-215Abandoned recreational vehicle—Rates and caps.
At what rate will reimbursements be for?
(1) The costs will be reimbursed at a standardized scheduled rate:
Towing and Transport (Increment Per Hour - Maximum Three Hours Total for Identified Class)
Class A Tow Vehicle (including - D and E)
Class B Tow Vehicle
Class C Tow Vehicle (including - B2 and S1)
Storage (Increment Per Day - Maximum 10 Days Total)
Dismantling and Disposal (Increment Per Foot - Maximum per Identified Vehicle Category)
Motor Homes (Up to 35')
Travel Trailers (Up to 25')
Campers (Up to 15')
(2) Standard rates apply to:
(a) Hourly increment of towing and transport by tow vehicle class (i.e., a class 'B' tow vehicle used for two hours is two hundred forty dollars; a class 'C' tow vehicle used for four hours is capped at five hundred twenty dollars).
(b) Days of storage incurred (i.e., a vehicle stored for eight days is two hundred eighty dollars; a vehicle stored for twenty-five days is capped at three hundred fifty dollars).
(c) Classification of abandoned recreational vehicle dismantled and disposed up to the cap for that item (i.e., dismantling and disposal of a twenty-seven foot motor home is one thousand eight hundred ninety dollars; dismantling and disposal of a thirty foot travel trailer is capped at one thousand seven hundred fifty dollars).
(d) Total length of the recreational vehicle shall be determined by measuring the vehicle type as follows:
(i) Motor homes: Measured in feet of total length from the front bumper to the rear bumper, excluding attached storage boxes or trailer or tow hitches.
(ii) Travel trailers: Measured in feet of total length from the front of the box to the rear bumper, excluding the front trailer tongue, attached storage boxes or any additional trailer or tow hitches from rear bumper. Fifth-wheel trailers may include the front-cap.
(iii) Campers: Measured in feet of total length from the front of the cab-over box to the rear of the box, excluding any attached storage boxes or other accessories.