BILL REQ. #: Z-0333.1
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 01/19/2005. Referred to Committee on Transportation.
AN ACT Relating to technical corrections to chapter 46.87 RCW; amending RCW 46.87.010, 46.87.020, 46.87.030, 46.87.050, 46.87.070, 46.87.080, 46.87.120, 46.87.130, 46.87.140, and 46.87.190; and repealing RCW 46.87.085, 46.87.170, 46.87.180, and 46.87.901.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.87.010 and 1987 c 244 s 15 are each amended to read
as follows:
This chapter applies to proportional registration and reciprocity
granted under the provisions of the International Registration Plan
(IRP) ((and the Uniform Vehicle Registration, Proration, and
Reciprocity Agreement (Western Compact))). This chapter shall become
effective and be implemented beginning with the 1988 registration
year((; however, if Washington is not then registering vehicles under
the provisions of the IRP, the effective date and implementation date
for the IRP shall both be delayed until such time as Washington begins
registering vehicles under the provisions of the IRP)).
(1) Provisions and terms of the IRP ((and the Western Compact, as
applicable, shall)) prevail unless given a different meaning in chapter
46.04 RCW, this chapter, or in rules adopted under the authority of
this chapter.
(2) The director may adopt and enforce rules deemed necessary to
implement and administer this chapter.
(3) ((Beginning with the first registration year in which the state
of Washington begins registering fleets under provisions of the IRP,))
Owners having a fleet of apportionable vehicles operating in two or
more IRP member jurisdictions may elect to proportionally register the
vehicles of the fleet under the provisions of the IRP and this chapter
in lieu of full or temporary registration as provided for in chapters
46.16 or 46.88 RCW.
(4) ((Owners having a fleet of commercial vehicles operating and
registered in at least one Western Compact member jurisdiction other
than Washington may elect to proportionally register the vehicles of
the fleet under provisions of the Western Compact and this chapter in
lieu of full or temporary registration as provided for in chapter 46.16
or 46.88 RCW.)) If a due date or an expiration date established under
authority of this chapter falls on a Saturday, Sunday, or a state legal
holiday, such period is automatically extended through the end of the
next business day.
(5)
Sec. 2 RCW 46.87.020 and 2003 c 85 s 1 are each amended to read
as follows:
Terms used in this chapter have the meaning given to them in the
International Registration Plan (IRP), ((the Uniform Vehicle
Registration, Proration, and Reciprocity Agreement (Western Compact),))
in chapter 46.04 RCW, or as otherwise defined in this section.
Definitions given to terms by the IRP ((and the Western Compact, as
applicable, shall)) prevail unless given a different meaning in this
chapter or in rules adopted under authority of this chapter.
(1) "Apportionable vehicle" has the meaning given by the IRP,
except that it does not include vehicles with a declared gross weight
of twelve thousand pounds or less. Apportionable vehicles include
trucks, tractors, truck tractors, road tractors, and buses, each as
separate and licensable vehicles. ((For IRP jurisdictions that require
the registration of nonmotor vehicles, this term may include trailers,
semitrailers, and pole trailers as applicable, each as separate and
licensable vehicles.))
(2) "Cab card" is a certificate of registration issued for a
vehicle ((by the registering jurisdiction under the Western Compact.
Under the IRP, it is a certificate of registration issued by the base
jurisdiction for a vehicle)) upon which is disclosed the jurisdictions
and registered gross weights in such jurisdictions for which the
vehicle is registered.
(3) (("Commercial vehicle" is a term used by the Western Compact
and means any vehicle, except recreational vehicles, vehicles
displaying restricted plates, and government owned or leased vehicles,
that is operated and registered in more than one jurisdiction and is
used or maintained for the transportation of persons for hire,
compensation, or profit, or is designed, used, or maintained primarily
for the transportation of property and:)) "Credentials" means cab cards, apportioned plates (for
Washington-based fleets), and validation tabs issued for proportionally
registered vehicles.
(a) Is a motor vehicle having a declared gross weight in excess of
twenty-six thousand pounds; or
(b) Is a motor vehicle having three or more axles with a declared
gross weight in excess of twelve thousand pounds; or
(c) Is a motor vehicle, trailer, pole trailer, or semitrailer used
in combination when the gross weight or declared gross weight of the
combination exceeds twenty-six thousand pounds combined gross weight.
The nonmotor vehicles mentioned are only applicable to those
jurisdictions requiring the registration of such vehicles.
Although a two-axle motor vehicle, trailer, pole trailer,
semitrailer, or any combination of such vehicles with an actual or
declared gross weight or declared combined gross weight exceeding
twelve thousand pounds but not more than twenty-six thousand is not
considered to be a commercial vehicle, at the option of the owner, such
vehicles may be considered as "commercial vehicles" for the purpose of
proportional registration. The nonmotor vehicles mentioned are only
applicable to those jurisdictions requiring the registration of such
vehicles.
Commercial vehicles include trucks, tractors, truck tractors, road
tractors, and buses. Trailers, pole trailers, and semitrailers, will
also be considered as commercial vehicles for those jurisdictions who
require registration of such vehicles.
(4)
(((5))) (4) "Declared combined gross weight" means the total
unladen weight of any combination of vehicles plus the weight of the
maximum load to be carried on the combination of vehicles as set by the
registrant in the application pursuant to chapter 46.44 RCW and for
which registration fees have been or are to be paid.
(((6))) (5) "Declared gross weight" means the total unladen weight
of any vehicle plus the weight of the maximum load to be carried on the
vehicle as set by the registrant in the application pursuant to chapter
46.44 RCW and for which registration fees have been or are to be paid.
In the case of a bus, auto stage, or a passenger-carrying for hire
vehicle with a seating capacity of more than six, the declared gross
weight shall be determined by multiplying the average load factor of
one hundred and fifty pounds by the number of seats in the vehicle,
including the driver's seat, and add this amount to the unladen weight
of the vehicle. If the resultant gross weight is not listed in RCW
46.16.070, it will be increased to the next higher gross weight so
listed pursuant to chapter 46.44 RCW.
(((7))) (6) "Department" means the department of licensing.
(((8))) (7) "Fleet" means ((one or more commercial vehicles in the
Western Compact and)) one or more apportionable vehicles in the IRP.
(((9))) (8) "In-jurisdiction miles" means the total miles
accumulated in a jurisdiction during the preceding year by vehicles of
the fleet while they were a part of the fleet.
(((10))) (9) "IRP" means the International Registration Plan.
(((11))) (10) "Jurisdiction" means and includes a state, territory
or possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, a foreign country, and a state or province
of a foreign country.
(((12))) (11) "Motor carrier" means an entity engaged in the
transportation of goods or persons. The term includes a for-hire motor
carrier, private motor carrier, contract motor carrier, or exempt motor
carrier. The term includes a registrant licensed under this chapter,
a motor vehicle lessor, and a motor vehicle lessee.
(((13))) (12) "Owner" means a person or business firm who holds the
legal title to a vehicle, or if a vehicle is the subject of an
agreement for its conditional sale with the right of purchase upon
performance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee, or if
a vehicle is subject to a lease, contract, or other legal arrangement
vesting right of possession or control, for security or otherwise, or
if a mortgagor of a vehicle is entitled to possession, then the owner
is deemed to be the person or business firm in whom is vested right of
possession or control.
(((14))) (13) "Preceding year" means the period of twelve
consecutive months immediately before July 1st of the year immediately
before the commencement of the registration or license year for which
apportioned registration is sought.
(((15) "Properly registered," as applied to the place of
registration under the provisions of the Western Compact, means:)) (14) "Prorate percentage" is the factor that is applied to
the total proratable fees and taxes to determine the apportionable or
prorate fees required for registration in a particular jurisdiction.
It is determined by dividing the in-jurisdiction miles for a particular
jurisdiction by the total miles. This term is synonymous with the term
"mileage percentage."
(a) In the case of a commercial vehicle, the jurisdiction in which
it is registered if the commercial enterprise in which the vehicle is
used has a place of business therein, and, if the vehicle is most
frequently dispatched, garaged, serviced, maintained, operated, or
otherwise controlled in or from that place of business, and the vehicle
has been assigned to that place of business; or
(b) In the case of a commercial vehicle, the jurisdiction where,
because of an agreement or arrangement between two or more
jurisdictions, or pursuant to a declaration, the vehicle has been
registered as required by that jurisdiction.
In case of doubt or dispute as to the proper place of registration
of a commercial vehicle, the department shall make the final
determination, but in making such determination, may confer with
departments of the other jurisdictions affected.
(16)
(((17))) (15) "Registrant" means a person, business firm, or
corporation in whose name or names a vehicle or fleet of vehicles is
registered.
(((18))) (16) "Registration year" means the twelve-month period
during which the registration plates issued by the base jurisdiction
are valid according to the laws of the base jurisdiction.
(((19))) (17) "Total miles" means the total number of miles
accumulated in all jurisdictions during the preceding year by all
vehicles of the fleet while they were a part of the fleet. Mileage
accumulated by vehicles of the fleet that did not engage in interstate
operations is not included in the fleet miles.
(((20) "Western Compact" means the Uniform Vehicle Registration,
Proration, and Reciprocity Agreement.))
Sec. 3 RCW 46.87.030 and 1997 c 183 s 3 are each amended to read
as follows:
(1) When application to register an apportionable ((or commercial))
vehicle is made, the Washington prorated fees may be reduced by one-twelfth for each full registration month that has elapsed at the time
a temporary authorization permit (TAP) was issued or if no TAP was
issued, at such time as an application for registration is received in
the department. If a vehicle is being added to a currently registered
fleet, the prorate percentage previously established for the fleet for
such registration year shall be used in the computation of the
proportional fees and taxes due.
(2) If any vehicle is withdrawn from a proportionally registered
fleet during the period for which it is registered under this chapter,
the registrant of the fleet shall notify the department on appropriate
forms prescribed by the department. The department may require the
registrant to surrender credentials that were issued to the vehicle.
If a motor vehicle is permanently withdrawn from a proportionally
registered fleet because it has been destroyed, sold, or otherwise
completely removed from the service of the fleet registrant, the unused
portion of the licensing fee paid under RCW 46.16.070 with respect to
the vehicle reduced by one-twelfth for each calendar month and fraction
thereof elapsing between the first day of the month of the current
registration year in which the vehicle was registered and the date the
notice of withdrawal, accompanied by such credentials as may be
required, is received in the department, shall be credited to the fleet
proportional registration account of the registrant. Credit shall be
applied against the licensing fee liability for subsequent additions of
motor vehicles to be proportionally registered in the fleet during such
registration year or for additional licensing fees due under RCW
46.16.070 or to be due upon audit under RCW 46.87.310. If any credit
is less than fifteen dollars, no credit will be entered. In lieu of
credit, the registrant may choose to transfer the unused portion of the
licensing fee for the motor vehicle to the new owner, in which case it
shall remain with the motor vehicle for which it was originally paid.
In no event may any amount be credited against fees other than those
for the registration year from which the credit was obtained nor is any
amount subject to refund.
Sec. 4 RCW 46.87.050 and 1987 c 244 s 20 are each amended to read
as follows:
Each day the department shall forward to the state treasurer the
fees collected under this chapter, and within ten days of the end of
each registration quarter, a detailed report identifying the amount to
be deposited to each account for which fees are required for the
licensing of proportionally registered vehicles. Such fees shall be
deposited pursuant to RCW 46.68.035((, 82.44.110,)) and 82.44.170.
Sec. 5 RCW 46.87.070 and 1993 c 123 s 1 are each amended to read
as follows:
(((1) Washington-based trailers, semitrailers, or pole trailers
shall be licensed in this state under the provisions of chapter 46.16
RCW except as herein provided. If these vehicles are being operated in
jurisdictions that require the registration of such vehicles, the
applicable vehicles may be considered as apportionable or commercial
vehicles for the purpose of registration in those jurisdictions and
this state. This provision does not apply to trailers, semitrailers,
or pole trailers which have been issued permanent plates.)) Trailers, semitrailers, and pole trailers ((
(2)which)) that are
properly based in jurisdictions other than Washington, and ((which))
that display currently registered license plates from such
jurisdictions will be granted vehicle license reciprocity in this state
without the need of further vehicle license registration. If pole
trailers are not required to be licensed separately by a member
jurisdiction, such vehicles may be operated in this state without
displaying a current base license plate.
Sec. 6 RCW 46.87.080 and 1998 c 115 s 1 are each amended to read
as follows:
(1) Upon making satisfactory application and payment of applicable
fees and taxes for proportional registration under this chapter, the
department shall issue a cab card and validation tab for each vehicle,
and to vehicles of Washington-based fleets, two distinctive
apportionable license plates for each motor vehicle ((and one such
plate for each trailer, semitrailer, pole trailer, or converter gear
listed on the application)). License plates shall be displayed on
vehicles as required by RCW 46.16.240. The number and plate shall be
of a design, size, and color determined by the department. The plates
shall be treated with reflectorized material and clearly marked with
the words "WASHINGTON" and "APPORTIONED," both words to appear in full
and without abbreviation.
(2) The cab card serves as the certificate of registration for a
proportionally registered vehicle. The face of the cab card shall
contain the name and address of the registrant as contained in the
records of the department, the license plate number assigned to the
vehicle by the base jurisdiction, the vehicle identification number,
and such other description of the vehicle and data as the department
may require. The cab card shall be signed by the registrant, or a
designated person if the registrant is a business firm, and shall at
all times be carried in or on the vehicle to which it was issued. ((In
the case of nonpowered vehicles, the cab card may be carried in or on
the vehicle supplying the motive power instead of in or on the
nonpowered vehicle.))
(3) The apportioned license plates are not transferrable from
vehicle to vehicle unless otherwise determined by rule and shall be
used only on the vehicle to which they are assigned by the department
for as long as they are legible or until such time as the department
requires them to be removed and returned to the department.
(4) Distinctive validation tab(s) of a design, size, and color
determined by the department shall be affixed to the apportioned
license plate(s) as prescribed by the department to indicate the month,
if necessary, and year for which the vehicle is registered. ((Foreign-based vehicles proportionally registered in this state under the
provisions of the Western Compact shall display the validation tab on
a backing plate or as otherwise prescribed by the department.))
(5) Renewals shall be effected by the issuance and display of such
tab(s) after making satisfactory application and payment of applicable
fees and taxes.
(6) Fleet vehicles so registered and identified shall be deemed to
be fully licensed and registered in this state for any type of movement
or operation. However, in those instances in which a grant of
authority is required for interstate or intrastate movement or
operation, no such vehicle may be operated in interstate or intrastate
commerce in this state unless the owner has been granted interstate
operating authority ((by the interstate commerce commission)) in the
case of interstate operations or intrastate operating authority by the
Washington utility and transportation commission in the case of
intrastate operations and unless the vehicle is being operated in
conformity with that authority.
(7) The department may issue temporary authorization permits (TAPs)
to qualifying operators for the operation of vehicles pending issuance
of license identification. A fee of one dollar plus a one dollar
filing fee shall be collected for each permit issued. The permit fee
shall be deposited in the motor vehicle fund, and the filing fee shall
be deposited in the highway safety fund. The department may adopt
rules for use and issuance of the permits.
(8) The department may refuse to issue any license or permit
authorized by subsection (1) or (7) of this section to any person: (a)
Who formerly held any type of license or permit issued by the
department pursuant to chapter 46.16, 46.85, 46.87, 82.36, or 82.38 RCW
that has been revoked for cause, which cause has not been removed; or
(b) who is a subterfuge for the real party in interest whose license or
permit issued by the department pursuant to chapter 46.16, 46.85,
46.87, 82.36, or 82.38 RCW and has been revoked for cause, which cause
has not been removed; or (c) who, as an individual licensee, or
officer, director, owner, or managing employee of a nonindividual
licensee, has had a license or permit issued by the department pursuant
to chapter 46.16, 46.85, 46.87, 82.36, or 82.38 RCW which has been
revoked for cause, which cause has not been removed; or (d) who has an
unsatisfied debt to the state assessed under either chapter 46.16,
46.85, 46.87, 82.36, 82.38, or 82.44 RCW.
(9) The department may revoke the license or permit authorized by
subsection (1) or (7) of this section issued to any person for any of
the grounds constituting cause for denial of licenses or permits set
forth in subsection (8) of this section.
(10) Before such refusal or revocation under subsection (8) or (9)
of this section, the department shall grant the applicant a hearing and
at least ten days written notice of the time and place of the hearing.
Sec. 7 RCW 46.87.120 and 1997 c 183 s 4 are each amended to read
as follows:
(1) The initial application for proportional registration of a
fleet shall state the mileage data with respect to the fleet for the
preceding year in this and other jurisdictions. If no operations were
conducted with the fleet during the preceding year, the application
shall contain a full statement of the proposed method of operation and
estimates of annual mileage in each of the jurisdictions in which
operation is contemplated. The registrant shall determine the in-jurisdiction and total miles to be used in computing the fees and taxes
due for the fleet. The department may evaluate and adjust the estimate
in the application if it is not satisfied as to its correctness. ((The
department shall require a minimum estimated mileage of one trip state-line-to-state-line in each jurisdiction the carrier registers for
operations.)) (2) When operations of a Washington-based fleet is materially
changed through merger, acquisition, or extended authority, the
registrant shall notify the department, which shall then require the
filing of an amended application setting forth the proposed operation
by use of estimated mileage for all jurisdictions. The department may
adjust the estimated mileage by audit or otherwise to an actual travel
basis to insure proper fee payment. The actual travel basis may be
used for determination of fee payments until such time as a normal
mileage year is available under the new operation. ((
(2) Fleets will consist of either motor vehicles or nonmotor
vehicles, but not a mixture of both.
(3) In instances where the use of mileage accumulated by a nonmotor
vehicle fleet is impractical, for the purpose of calculating prorate
percentages, the registrant may request another method and/or unit of
measure to be used in determining the prorate percentages. Upon
receiving such request, the department may prescribe another method
and/or unit of measure to be used in lieu of mileage that will ensure
each jurisdiction that requires the registration of nonmotor vehicles
its fair share of vehicle licensing fees and taxes.
(4)Under the
provisions of the Western Compact, this subsection applies to any fleet
proportionally registered in Washington irrespective of the fleet's
base jurisdiction.))
Sec. 8 RCW 46.87.130 and 1987 c 244 s 26 are each amended to read
as follows:
In addition to all other fees prescribed for the proportional
registration of vehicles under this chapter, the department shall
collect a vehicle transaction fee each time a vehicle is added to a
Washington-based fleet, and each time the proportional registration of
a Washington-based vehicle is renewed. ((The transaction fee is also
applicable to all foreign-based vehicles for which this state
calculates and assesses fees/taxes for the state of Washington.)) The
exact amount of the vehicle transaction fee shall be fixed by rule but
shall not exceed ten dollars. This fee shall be deposited in the motor
vehicle fund.
Sec. 9 RCW 46.87.140 and 2003 c 85 s 2 are each amended to read
as follows:
(1) Any owner engaged in interstate operations of one or more
fleets of apportionable ((or commercial)) vehicles may, in lieu of
registration of the vehicles under chapter 46.16 RCW, register and
license the vehicles of each fleet under this chapter by filing a
proportional registration application for each fleet with the
department. ((The nonmotor vehicles of Washington-based fleets which
are operated in IRP jurisdictions that require registration of such
vehicles may be proportionally registered for operation in those
jurisdictions as herein provided.)) The application shall contain the
following information and such other information pertinent to vehicle
registration as the department may require:
(a) A description and identification of each vehicle of the fleet.
((Motor vehicles and nonpower units shall be placed in separate
fleets.))
(b) ((If registering under the provisions of the IRP, the
registrant shall also indicate)) The member jurisdictions in which
registration is desired and ((furnish)) such other information as
((those)) member jurisdictions require.
(c) An original or renewal application shall also be accompanied by
a mileage schedule for each fleet.
(d) The USDOT number issued to the registrant and the USDOT number
of the motor carrier responsible for the safety of the vehicle, if
different.
(e) A completed Motor Carrier Identification Report (MCS-150) at
the time of fleet renewal or at the time of vehicle registration, if
required by the department.
(f) The Taxpayer Identification Number of the registrant and the
motor carrier responsible for the safety of the vehicle, if different.
(2) Each application shall, at the time and in the manner required
by the department, be supported by payment of a fee computed as
follows:
(a) Divide the in-jurisdiction miles by the total miles and carry
the answer to the nearest thousandth of a percent (three places beyond
the decimal, e.g. 10.543%). This factor is known as the prorate
percentage.
(b) Determine the total proratable fees and taxes required for each
vehicle in the fleet for which registration is requested, based on the
regular annual fees and taxes or applicable fees and taxes for the
unexpired portion of the registration year under the laws of each
jurisdiction for which fees or taxes are to be calculated.
((Washington-based nonmotor vehicles shall normally be fully
licensed under the provisions of chapter 46.16 RCW. If these vehicles
are being operated in jurisdictions that require the registration of
such vehicles, the applicable vehicles may be considered as
apportionable vehicles for the purpose of registration in those
jurisdictions and this state. The prorate percentage for which
registration fees and taxes were paid to such jurisdictions may be
credited toward the one hundred percent of registration fees and taxes
due this state for full licensing.)) Applicable fees and taxes for
vehicles of Washington-based fleets are those prescribed under RCW
46.16.070, 46.16.085, and 82.38.075, as applicable. If, during the
registration period, the lessor of an apportioned vehicle changes and
the vehicle remains in the fleet of the registrant, the department
shall only charge those fees prescribed for the issuance of new
apportioned license plates, validation tabs, and cab card.
(c) Multiply the total, proratable fees or taxes for each motor
vehicle by the prorate percentage applicable to the desired
jurisdiction and round the results to the nearest cent. ((Fees and
taxes for nonmotor vehicles being prorated will be calculated as
indicated in (b) of this subsection.))
(d) Add the total fees and taxes determined in (c) of this
subsection for each vehicle to the nonproratable fees required under
the laws of the jurisdiction for which fees are being calculated.
Nonproratable fees required for vehicles of Washington-based fleets are
the administrative fee required by RCW 82.38.075, if applicable, and
the vehicle transaction fee pursuant to the provisions of RCW
46.87.130.
(e) ((Add the total fees and taxes determined in (d) of this
subsection for each vehicle listed on the application. Assuming the
fees and taxes calculated were for Washington, this would be the amount
due and payable for the application under the provisions of the Western
Compact. Under the provisions of the IRP,)) The amount due and payable
for the application ((would be)) is the sum of the fees and taxes
((referred to in (d) of this subsection,)) calculated for each member
jurisdiction in which registration of the fleet is desired.
(3) All assessments for proportional registration fees are due and
payable in United States funds on the date presented or mailed to the
registrant at the address listed in the proportional registration
records of the department. The registrant may petition for
reassessment of the fees or taxes due under this section within thirty
days of the date of original service as provided for in this chapter.
Sec. 10 RCW 46.87.190 and 1987 c 244 s 32 are each amended to
read as follows:
The department may suspend or cancel the exemptions, benefits, or
privileges granted under chapter 46.85 RCW or this chapter to any
person or business firm who violates any of the conditions or terms of
the IRP((, Western Compact, or declarations,)) or who violates the laws
of this state relating to the operation or registration of vehicles or
rules lawfully adopted thereunder.
NEW SECTION. Sec. 11 The following acts or parts of acts are
each repealed:
(1) RCW 46.87.085 (Staggered renewal periods) and 1993 c 307 s 17;
(2) RCW 46.87.170 (Recalculation of prorate percentage -- Additional
fees and taxes) and 1987 c 244 s 30;
(3) RCW 46.87.180 (Conditions on fleet vehicles) and 1987 c 244 s
31; and
(4) RCW 46.87.901 (Effective date -- 1986 c 18; 1985 c 380) and 1986
c 18 s 27 & 1985 c 380 s 25.