BILL REQ. #:  S-1296.2 

READ FIRST TIME 02/20/09.   

     AN ACT Relating to title and registration requirements for kit vehicles; and amending RCW 46.12.440 and 46.16.680.

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

Sec. 1   RCW 46.12.440 and 1996 c 225 s 8 are each amended to read as follows:
     The following procedures must be followed when applying for a certificate of ownership for a kit vehicle:
     (1) The vehicle identification number (VIN) of a new vehicle kit and of a body kit will be taken from the manufacturer's certificate of origin belonging to that vehicle. If the VIN is not available, the Washington state patrol shall assign a VIN at the time of inspection.
     (2) The model year of a manufactured new vehicle kit and manufactured body kit is the year reflected on the manufacturer's certificate of origin.
     (3) The make shall be listed as "KITV," and the series and body designation must describe ((what the vehicle looks like, i.e. Bradley GT, 57 MG, and must include the word "replica)) a discrete vehicle model.(("))
     (4) Except for kit vehicles licensed under RCW 46.16.680(5), kit vehicles must comply with chapter ((204-90)) 204-10 WAC. A kit vehicle is exempt from the welding requirements under WAC 204-10-022(8) if, upon application for a certificate of ownership, the owner furnishes documentation from the manufacturer of the vehicle frame that informs the owner that the welding on the frame was not completed by a certified welder and that the structural strength of the frame has not been certified by an engineer as meeting the applicable federal motor vehicle safety standards set under 49 C.F.R. Sec. 571.201, 571.214, 571.216, and 571.220 through 571.224, and the applicable SAE standards.
     (5) The application for the certificate of ownership must be accompanied by the following documents:
     (a) For a manufactured new vehicle kit, the manufacturer's certificate of origin or equivalent document;
     (b)(i) For a manufactured body kit, the manufacturer's certificate of origin or equivalent document; (ii) for the frame, the title or a certified copy or equivalent document;
     (c) Bills of sale or invoices for all major components used in the construction of the vehicle. The bills of sale must be notarized unless the vendor is registered with the department of revenue for the collection of retail sales or use tax. The bills of sale must include the names and addresses of the seller and purchaser, a description of the vehicle or part being sold, including the make, model, and identification or serial number, the date of sale, and the purchase price of the vehicle or part;
     (d) A statement as defined in WAC 308-56A-150 by an authorized inspector of the Washington state patrol or other person authorized by the department of licensing verifying the vehicle identification number, and year and make when applicable;
     (e) A completed declaration of value form (TD 420-737) to determine the value for excise tax if the purchase cost and year is unknown or incomplete.
     (6) A Washington state patrol VIN inspector must ensure that all parts are documented by titles, notarized bills of sale, or business receipts such as obtained from a wrecking yard purchase. The bills of sale must contain the VIN of the vehicle the parts came from, or the yard number if from a wrecking yard.
     (7) The department may not deny a certificate of ownership to an applicant who completes the requisite application, complies with this section, and pays the requisite titling fees and taxes.

Sec. 2   RCW 46.16.680 and 1996 c 225 s 10 are each amended to read as follows:
     All kit vehicles are licensed as original transactions when first titled in Washington, and the following provisions apply:
     (1) The department of licensing shall charge original licensing fees and issue new plates appropriate to the use class.
     (2) An inspection by the Washington state patrol is required to determine the correct identification number, and year or make if needed.
     (3) The use class is the actual use of the vehicle, i.e. passenger car or truck.
     (4) The make shall be listed as "KITV," and the series and body designation must describe ((what the vehicle looks like, i.e. 48 Bradley GT, 57 MG, and must include the word "replica)) a discrete vehicle model.(("))
     (5) Upon payment of original licensing fees the department may license a kit vehicle under RCW 46.16.305(1) as a street rod if the vehicle is manufactured to have the same appearance as a similar vehicle manufactured before 1949.
     (6) For a manufactured new vehicle kit and a manufactured body kit, the model year of the vehicle is the year reflected on the manufacturer's certificate of origin for that vehicle. If this is not available, the Washington state patrol shall assign a model year at the time of inspection.
     (7) The vehicle identification number (VIN) of a new vehicle kit and body kit is the vehicle identification number as reflected on the manufacturer's certificate of origin. If the VIN is not available, the Washington state patrol shall assign a VIN at the time of inspection.
     (8) The department may not deny a vehicle registration, or vehicle license plates, to an applicant who completes the requisite application, is a Washington resident as defined in RCW 46.16.028, complies with this section, and pays the requisite vehicle licensing fees and taxes.