BILL REQ. #: S-0845.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/31/11. Referred to Committee on Transportation.
AN ACT Relating to street rod and custom vehicles; amending RCW 46.16A.060 and 46.12.560; adding new sections to chapter 46.04 RCW; adding new sections to chapter 46.12 RCW; adding a new section to chapter 46.37 RCW; repealing RCW 46.04.3815, 46.04.571, 46.12.705, and 46.12.710; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 46.04 RCW
to read as follows:
"Street rod vehicle" means a motor vehicle that:
(1) Is a 1948 or older vehicle or the vehicle was manufactured
after 1948 to resemble a vehicle manufactured before 1949; and
(2) Has been altered from the manufacturer's original design or has
a body constructed from nonoriginal materials.
NEW SECTION. Sec. 2 A new section is added to chapter 46.12 RCW
to read as follows:
(1) With an application for an original certificate of title for a
street rod vehicle, the owner of the street rod vehicle must:
(a) Submit a certification that the street rod vehicle:
(i) Will be maintained for occasional transportation, exhibitions,
club activities, parades, tours, and similar uses; and
(ii) Will not be used for general daily transportation; and
(b) Provide a certificate of vehicle inspection as required under
RCW 46.12.560(4).
(2) The model year and the year of manufacture that are listed on
the certificate of title of a street rod vehicle must be the model year
and year of manufacture that the body of the street rod vehicle
resembles.
(3) Unless the presence of the equipment was specifically required
by law as a condition of sale in the year listed as the year of
manufacture on the certificate of title, the presence of any specific
equipment is not required for the operation of a street rod vehicle
titled under this section.
(4) A street rod vehicle must be registered under RCW 46.18.220.
NEW SECTION. Sec. 3 A new section is added to chapter 46.04 RCW
to read as follows:
"Custom vehicle" means any motor vehicle that:
(1) Is at least twenty-five years old and of a model year after
1948 or was manufactured to resemble a vehicle at least twenty-five
years old and of a model year after 1948; and
(2) Has been altered from the manufacturer's original design or has
a body constructed from nonoriginal materials.
NEW SECTION. Sec. 4 A new section is added to chapter 46.12 RCW
to read as follows:
(1) With an application for an original certificate of title for a
custom vehicle, the owner of the custom vehicle must:
(a) Submit a certification that the custom vehicle:
(i) Will be maintained for occasional transportation, exhibitions,
club activities, parades, tours, and similar uses; and
(ii) Will not be used for general daily transportation; and
(b) Provide a certificate of vehicle inspection as required under
RCW 46.12.560(4).
(2) The model year and the year of manufacture that are listed on
the certificate of title of a custom vehicle must be the model year and
year of manufacture that the body of the custom vehicle resembles.
(3) Unless the presence of the equipment was specifically required
by law as a condition of sale in the year listed as the year of
manufacture on the certificate of title, the presence of any specific
equipment is not required for the operation of a custom vehicle titled
under this section.
(4) A custom vehicle must be registered under RCW 46.18.220.
Sec. 5 RCW 46.16A.060 and 2010 c 161 s 406 are each amended to
read as follows:
(1) The department, county auditor or other agent, or subagent
appointed by the director may not issue or renew a motor vehicle
registration or change the registered owner of a registered vehicle for
any motor vehicle required to be inspected under chapter 70.120 RCW,
unless the application for issuance or renewal is: (a) Accompanied by
a valid certificate of compliance or a valid certificate of acceptance
issued as required under chapter 70.120 RCW; or (b) exempt, as
described in subsection (2) of this section. The certificates must
have a date of validation that is within twelve months of the assigned
registration renewal date. Certificates for fleet or owner tested
diesel vehicles may have a date of validation that is within twelve
months of the assigned registration renewal date.
(2) The following motor vehicles are exempt from emission test
requirements:
(a) Motor vehicles that are less than five years old or more than
twenty-five years old;
(b) Motor vehicles that are a 2009 model year or newer;
(c) Motor vehicles powered exclusively by electricity, propane,
compressed natural gas, or liquid petroleum gas;
(d) Motorcycles as defined in RCW 46.04.330 and motor-driven cycles
as defined in RCW 46.04.332;
(e) Farm vehicles as defined in RCW 46.04.181;
(f) Street rod vehicles as defined in section 1 of this act and
custom vehicles as defined in section 3 of this act;
(g) Used vehicles that are offered for sale by a motor vehicle
dealer licensed under chapter 46.70 RCW;
(((g))) (h) Classes of motor vehicles exempted by the director of
the department of ecology; and
(((h))) (i) Hybrid motor vehicles that obtain a rating by the
environmental protection agency of at least fifty miles per gallon of
gas during city driving. For purposes of this section, a hybrid motor
vehicle is one that uses propulsion units powered by both electricity
and gas.
(3) The department of ecology shall provide information to motor
vehicle owners:
(a) Regarding the boundaries of emission contributing areas and
restrictions established under this section that apply to vehicles
registered in such areas; and
(b) On the relationship between motor vehicles and air pollution
and steps motor vehicle owners should take to reduce motor vehicle
related air pollution.
(4) The department of licensing shall:
(a) Notify all registered motor vehicle owners affected by the
emission testing program that they must have an emission test to renew
their registration;
(b) Adopt rules implementing and enforcing this section, except for
subsection (2)(e) of this section, as specified in chapter 34.05 RCW.
(5) A motor vehicle may not be registered, leased, rented, or sold
for use in the state, starting with the model year as provided in RCW
70.120A.010, unless the vehicle:
(a) Has seven thousand five hundred miles or more; or
(b)(i) Is consistent with the vehicle emission standards and carbon
dioxide equivalent emission standards adopted by the department of
ecology; and
(ii) Has a California certification label for all emission
standards, and carbon dioxide equivalent emission standards necessary
to meet fleet average requirements.
(6) The department of licensing, in consultation with the
department of ecology, may adopt rules necessary to implement this
section and may provide for reasonable exemptions to these
requirements. The department of ecology may exempt public safety
vehicles from meeting the standards where the department finds that
vehicles necessary to meet the needs of public safety agencies are not
otherwise reasonably available.
Sec. 6 RCW 46.12.560 and 2010 c 161 s 303 are each amended to
read as follows:
(1)(a) Before accepting an application for a certificate of title,
the department, county auditor or other agent, or subagent appointed by
the director shall require an applicant to provide a certificate of
vehicle inspection completed by the Washington state patrol or other
authorized inspector if the vehicle:
(i) Was declared a total loss or salvage vehicle under the laws of
this state;
(ii) Has been rebuilt after the certificate of title was returned
to the department under RCW 46.12.600 and the vehicle was not kept by
the registered owner at the time of the vehicle's destruction or
declaration as a total loss; or
(iii) Is presented with documents from another state showing that
the vehicle was a total loss or salvage vehicle and has not been
reissued a valid registration certificate from that state after the
declaration of total loss or salvage.
(b) A vehicle presented for inspection must have all damaged major
component parts replaced or repaired to meet all requirements in law
and rule before the Washington state patrol will inspect the vehicle.
The inspection must verify that the vehicle identification number is
genuine and agrees with the number shown on the certificate of title
and registration certificate.
(c) A Washington state patrol vehicle identification number
specialist must ensure that all major component parts used for the
reconstruction of a salvage or rebuilt vehicle were obtained legally,
and must securely attach a marking at the driver's door latch pillar
indicating the vehicle was previously destroyed or declared a total
loss. It is a class C felony for a person to remove the marking
indicating that the vehicle was previously destroyed or declared a
total loss.
(2) A person presenting a vehicle for inspection under subsection
(1) of this section must provide original invoices for new and used
parts from:
(a) A vendor that is registered with the department of revenue or
a comparable agency in the jurisdiction where the major component parts
were purchased for the collection of retail sales or use taxes. The
invoices must include:
(i) The name and address of the business;
(ii) A description of the part or parts sold;
(iii) The date of sale; and
(iv) The amount of sale to include all taxes paid unless exempted
by the department of revenue or a comparable agency in the jurisdiction
where the major component parts were purchased;
(b) A vehicle wrecker licensed under chapter 46.80 RCW or a
comparable business in the jurisdiction outside Washington state where
the major component part was purchased; and
(c) Private individuals. The private individual must have the
certificate of title to the vehicle where the parts were taken from
unless the parts were obtained from a parts car((, as defined in RCW
46.04.3815,)) owned by a collector. Bills of sale for parts must be
notarized and include:
(i) The names and addresses of the sellers and purchasers;
(ii) A description of the vehicle and the part or parts being sold,
including the make, model, year, and identification or serial number;
(iii) The date of sale; and
(iv) The purchase price of the vehicle part or parts.
(3) A person presenting a vehicle for inspection under this section
who is unable to provide an acceptable release of interest or proof of
ownership for a vehicle or major component part as described in this
section shall apply for an ownership in doubt application described in
RCW 46.12.680.
(4)(a) Before accepting an application for a certificate of title,
the department, county auditor or other agent, or subagent appointed by
the director shall require an applicant to provide a certificate of
vehicle inspection completed by the Washington state patrol or other
authorized inspector when the application is for a vehicle being titled
for the first time as:
(i) Assembled;
(ii) Glider kit;
(iii) Homemade;
(iv) Kit vehicle;
(v) Street rod vehicle; ((or))
(vi) Custom vehicle; or
(vii) Subject to ownership in doubt under RCW 46.12.680.
(b) The inspection must verify that the vehicle identification
number is genuine and agrees with the number shown on the certificate
of title and registration certificate.
(5)(a) Before accepting an application for a certificate of title,
the department, county auditor or other agent, or subagent appointed by
the director shall require an applicant to provide a certificate of
vehicle inspection completed by the Washington state patrol when the
application is for a vehicle with a vehicle identification number that
has been:
(i) Altered;
(ii) Defaced;
(iii) Obliterated;
(iv) Omitted;
(v) Removed; or
(vi) Otherwise absent.
(b) The application must include payment of the fee required in RCW
46.17.135.
(c) The Washington state patrol shall assign a new vehicle
identification number to the vehicle and place or stamp the new number
in a conspicuous position on the vehicle.
(d) The department shall use the new vehicle identification number
assigned by the Washington state patrol as the official vehicle
identification number assigned to the vehicle.
(6) The department may adopt rules as necessary to implement this
section.
NEW SECTION. Sec. 7 A new section is added to chapter 46.37 RCW
to read as follows:
A street rod or custom vehicle may use blue dot taillights for stop
lamps, rear turning indicator lamps, rear hazard lamps, and rear
reflectors. For the purposes of this section, "blue dot taillight"
means a red lamp installed in the rear of a motor vehicle containing a
blue or purple insert that is not more than one inch in diameter.
NEW SECTION. Sec. 8 The following acts or parts of acts are each
repealed:
(1) RCW 46.04.3815 (Parts car) and 2010 c 161 s 130 & 1996 c 225 s
3;
(2) RCW 46.04.571 (Street rod vehicle) and 1999 c 58 s 1 & 1996 c
225 s 4;
(3) RCW 46.12.705 (Parts cars) and 1996 c 225 s 7; and
(4) RCW 46.12.710 (Street rod vehicles) and 2010 c 161 s 323 & 1996
c 225 s 6.
NEW SECTION. Sec. 9 This act takes effect August 1, 2011.