S-2079

AN ACT Relating to vehicles that have been rebuilt from salvage; amending RCW 46.32.005, 46.12.040, and 46.12.075; adding a new section to chapter 46.32 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 46.32.005 and 1993 c 403 s 1 are each amended to read as follows:

For the purpose of this chapter:

(1) "Commercial motor vehicle" means a self-propelled or towed vehicle designed or used to transport passengers or property, if the vehicle:

((~~(1)~~)) (a) Has a gross vehicle weight rating or gross combination weight rating of ten thousand one or more pounds;

((~~(2)~~)) (b) Is designed to transport sixteen or more passengers, including the driver; or

((~~(3)~~)) (c) Is transporting hazardous materials and is required to be identified by a placard in accordance with 49 C.F.R. Sec. 172.500-.560 (1991)((.));

(2) A recreational vehicle used for noncommercial purposes is not considered a commercial motor vehicle. "Recreational vehicle" includes a vehicle towing a horse trailer for a noncommercial purpose; and

(3) "Structural integrity inspection" means an inspection of a salvage vehicle, as authorized by the Washington state patrol, to ensure that the frame and other components integral to the structure of the vehicle have been reconstructed or repaired in a manner that meets automotive industry standards.

NEW SECTION. Sec. 2. A new section is added to chapter 46.32 RCW to read as follows:

(1) Structural integrity inspections may be conducted only by privately owned autobody repair shops that are certified by the Washington state patrol to perform the inspections.

(2) To receive certification to perform structural integrity inspections, the autobody repair shop must:

(a) Be properly licensed, bonded, and insured; and

(b) Possess the ability, including facilities, equipment, and personnel, to accomplish the inspections.

(3) Technicians conducting the inspections must have: (a) At least five years of practical experience; (b) automotive service excellence (ASE) certification for structural measurement and correction, or equivalent certification approved by the state patrol; and (c) completed a series of collision repair classes sanctioned or provided by the interindustry conference on auto collision repair (I-CAR). The Washington state patrol shall determine which classes are required and may accept equivalent training classes to meet this requirement.

(4) The Washington state patrol shall set a fee schedule to adequately cover the cost of the structural integrity inspections. The business performing the inspection shall charge the fee to the person or business requesting the inspection and shall retain the fee so collected.

(5) A person or business performing a structural integrity inspection is not required to check components unrelated to the structural integrity of the vehicle.

(6) A document describing the structural integrity inspection program or certificate issued under this section must include a statement conveying that such an inspection is limited to structural components of the vehicle and does not ensure the overall safety of a vehicle, and recommending that the consumer have the nonstructural components of the vehicle inspected to ensure the safety of the vehicle.

(7) The department or the Washington state patrol may adopt rules requiring a person or business requesting a structural integrity inspection to provide photos depicting the original damage to the vehicle.

(8) A business certified to perform structural integrity inspections may not perform an inspection under this section on a vehicle owned or rebuilt by the business or any employee of the business.

Sec. 3. RCW 46.12.040 and 1990 c 238 s 2 are each amended to read as follows:

The application accompanied by a draft, money order, certified bank check, or cash for one dollar and twenty-five cents, together with the last preceding certificates or other satisfactory evidence of ownership, shall be forwarded to the director.

The fee shall be in addition to any other fee for the license registration of the vehicle. The certificate of ownership shall not be required to be renewed annually, or at any other time, except as by law provided.

In addition to the application fee and any other fee for the license registration of a vehicle, there shall be collected from the applicant an inspection fee whenever a physical examination of the vehicle is required as a part of the vehicle licensing or titling process.

For vehicles previously registered in any other state or country, the inspection fee shall be fifteen dollars and shall be deposited in the motor vehicle fund. For all other vehicles requiring a physical examination, the inspection fee shall be twenty dollars and shall be deposited in the motor vehicle fund. For vehicles that have received a structural integrity inspection, an additional fee of five dollars shall be collected and shall be deposited in the motor vehicle fund to cover the costs to administer the structural integrity inspection program.

Sec. 4. RCW 46.12.075 and 1996 c 26 s 3 are each amended to read as follows:

(1) Effective January 1, 1997, the department shall issue a unique certificate of ownership and certificate of license registration, as required by chapter 46.16 RCW, for vehicles that are rebuilt after becoming a salvage vehicle. Each certificate shall conspicuously display across its front, a word indicating that the vehicle was rebuilt.

(2) Beginning January 1, 1997, upon inspection of a salvage vehicle that has been rebuilt under RCW 46.12.030, the state patrol shall securely affix or inscribe a marking at the driver's door latch pillar indicating that the vehicle has previously been destroyed or declared a total loss.

(3) Effective July 1, 1998, the department may not issue a certificate of ownership or registration for a salvage vehicle unless the vehicle has passed a structural integrity inspection defined and described under chapter 46.32 RCW. The inspection is not required for flood vehicles or for recovered stolen vehicles for which the cost of parts and labor plus the salvage value do not make it uneconomical to repair the vehicle. For purposes of this subsection, the term "salvage vehicle" defined under RCW 46.12.005 does not exclude a vehicle of any age that, at the time of application for a certificate of ownership, has an average wholesale value greater than seventy-five hundred dollars, after adjusting for mileage and without adjustment for optional equipment, according to the national automobile dealers association book or similar publication as determined by the Washington state patrol. This subsection does not affect the authority of the department of labor and industries to require or perform inspections under chapter 43.22 RCW.

(4) It is a class C felony for a person to remove the marking prescribed in subsection (2) of this section.

((~~(4)~~)) (5) The department and the Washington state patrol may adopt rules as necessary to implement this section.

NEW SECTION. Sec. 5. By January 1, 1998, the Washington state patrol shall present to the legislative transportation committee and the office of financial management a progress report on the implementation of the structural integrity inspection program, including, but not limited to, the proposed fee schedule, other proposed rules, and recommendations for any legislation necessary to implement the program.