Preproposal statement of inquiry was filed as WSR 98-03-021.

Title of Rule: Chapter 308-96A WAC, Vehicle licensing, WAC 308-96A-010, 308-96A-015, 308-96A-021, 308-96A-025, 308-96A-026, 308-96A-035, 308-96A-040, 308-96A-180, 308-96A-260, 308-96A-295, and 308-96A-300.

Purpose: To meet the criteria set forth in Governor Locke's Executive Order 97-02.

Statutory Authority for Adoption: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, and 46.16.276.

Summary: Repealing WAC 308-96A-010 Certificate of registration required, 308-96A-025 No fee where incorrect plates issued, 308-96A-035 Annual license renewal, and 308-96A-040 Monthly abatement of license fees; and amending WAC 308-96A-015 Replacement certificate of registration--Documents required, 308-96A-021 Replacement plates--Requirements, 308-96A-026 Vehicle transit permit, 308-96A-180 Registration of rental cars, 308-96A-260 Assignment of original registration year, 308-96A-295 Display of tabs, and 308-96A-300 Changing assigned registration year.

Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting: Patrick Zlateff, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Eric Anderson, 1125 Washington Street S.E., Olympia, (360) 902-4045.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The anticipated effects will be a clarification of the above mentioned requirements.

Proposal Changes the Following Existing Rules: Clarify sections needed and repeal those no longer required.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on businesses in an industry.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The content of the proposed rules are explicitly and specifically dictated by statue.

Hearing Location: Highways-Licenses Building, Conference Room 303, 1125 Washington Street, Olympia, WA 98507, on August 4, 1998, at 10:00.

Assistance for Persons with Disabilities: Contact Pat Zlateff by August 3, 1998, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, FAX (360) 664-0831, by August 3, 1998.

Date of Intended Adoption: August 29, 1998.

June 19, 1998

Nancy S. Kelly, Administrator

Title and Registration Services

AMENDATORY SECTION (Amending Order TL/RG 24, filed 5/5/86)

WAC 308-96A-015  ((Duplicate certificate of registration.)) Replacement certificate of registration--Documents required. ((If the current year's certificate of registration is lost, stolen, or destroyed, the registered owner must apply at once for a duplicate. The application must be accompanied by:

(1) An affidavit of loss signed by at least one owner of record. Such signature must be either certified by a Washington vehicle/vessel license agent or notarized; and

(2) A record of the licensing agent's verification of the vehicle record.)) (1) How do I obtain a replacement certificate of registration?

You obtain a replacement certificate of registration by applying, either in person or by mail, to a Washington vehicle licensing office.

(2) When do I need to replace my certificate of registration?

You need to replace your certificate of registration if it is lost, stolen, destroyed, or mutilated.

(3) Who can apply for a replacement certificate of registration?

One of the registered owners shall apply for a replacement certificate of registration.

(4) What documentation do I need to apply for a replacement certificate of registration?

You need an affidavit of loss or letter of request describing the vehicle by Washington license plate or vehicle identification number. The affidavit of loss or letter of request must be signed by at least one of the registered owners. The registered owner's signature must be either notarized by a notary public or certified by a Washington vehicle license agent or subagent.

[Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. 86-10-040 (Order TL/RG 24), § 308-96A-015, filed 5/5/86; Order MV-328, § 308-96A-015, filed 7/24/75.]

AMENDATORY SECTION (Amending Order TL/RG-34, filed 5/28/87)

WAC 308-96A-021  Replacement plates--((Sworn statement)) Requirements. ((A sworn statement as to cause or reason for replacement plates shall not be required if the owner of record is the person buying replacement plates, provided, that a sworn statement will be required if someone other than the registered owner of record is purchasing replacement plates.)) (1) How do I obtain replacement plate(s)?

You obtain replacement plate(s) by applying, either in person or by mail, to a Washington vehicle licensing office.

(2) When do I need to replace my plate(s)?

You need to replace your place(s) if:

(a) Your plate(s) are lost, stolen, destroyed, or mutilated; or

(b) The primary use of your vehicle has changed requiring new plate(s) designated for the new use of the vehicle. Example: A passenger car used to transport commodities, merchandise, produce, freight or animals for commercial purposes may be licensed as a commercial use truck.

(3) Who can apply for replacement plate(s)?

One of the registered owners shall apply for replacement plate(s).

(4) What documentation do I need to apply for replacement plate(s)?

(a) If your plate(s) are lost, stolen, destroyed, or mutilated, you need to submit an affidavit of loss or letter of request describing the vehicle by Washington license plate or vehicle identification number. The affidavit of loss or letter of request must be signed by at least one of the registered owners. The registered owner's signature must be either notarized by a notary public or certified by a Washington vehicle license agent or subagent. A replacement plate fee will be charged.

(b) If the primary use of your vehicle has changed requiring new plate(s) designated for the new use of the vehicle, the department shall replace the plate(s) without the affidavit of loss or letter of request. A new plate fee will be charged.

(5) What if the department issued incorrect plate(s) for my vehicle?

When incorrect plate(s) have been issued due to departmental error, the department shall replace the plate(s) without the affidavit of loss or letter of request. No replacement plate fee will be charged.

[Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), § 308-96A-021, filed 5/28/87.]

AMENDATORY SECTION (Amending WSR 92-15-025, filed 7/6/92, effective 8/6/92)

WAC 308-96A-026  Vehicle transit permit. ((A vehicle transit permit may be issued to authorize an individual to operate a vehicle over and along a public highway of this state solely for the purpose of doing what is necessary to qualify the vehicle for a Washington certificate of ownership or registration. Such purposes are limited to the following:

(1) Obtaining a Washington state patrol inspection (if required);

(2) Obtaining a weight slip;

(3) Obtaining an emission test; or,

(4) Any other purpose which the director or designee in his or her discretion deems necessary.

The permit is valid for a maximum of two days and shall contain, but is not limited to, the following information:

(a) Signature and agency number of persons issuing the permit;

(b) Signature and address of person receiving the permit;

(c) Description, including make, model, model year, and vehicle identification number, of the vehicle for which the permit is issued;

(d) Specific purpose for which the permit is issued; and,

(e) The date or dates on which the permit is valid, for a maximum of two days.)) (1) What is a vehicle transit permit?

A vehicle transit permit is a document that authorizes an individual to operate a vehicle on a public highway of this state solely for the purpose of obtaining necessary documentation to complete an application for a Washington certificate of ownership or registration.

(2) What may a vehicle transit permit be used for?

A vehicle transit permit may be used to obtain:

(a) A Washington state patrol inspection;

(b) An unladed scale weight slip;

(c) An emission test; or

(d) Any other documentation that the department deems necessary.

(3) Where do I obtain a vehicle transit permit?

You may obtain a vehicle transit permit from:

(a) Vehicle licensing offices; or

(b) Drivers services-licensing services offices.

(4) How long is the vehicle transit permit valid?

The permit is valid for a maximum of two days.

(5) What information is required to issue the vehicle transit permit?

The following information is required to issue the vehicle transit permit:

(a) Description of the vehicle for which the permit is issued, which may include make, model, model year, and vehicle identification number;

(b) Name and address of person obtaining the permit;

(c) Specific purpose for which the permit is issued; and

(d) The date or dates on which the permit is valid, for a maximum of two days.

(6) How much does a vehicle transit permit cost?

There is no fee for the vehicle transit permit, however vehicle-licensing subagents may charge a service fee.

[Statutory Authority: RCW 46.01.110. 92-15-025, § 308-96A-026, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 46.16.276. 86-23-045 (Order TL/RG 28), § 308-96A-026, filed 11/18/86.]

AMENDATORY SECTION (Amending WSR 95-15-028, filed 7/11/95, effective 8/11/95)

WAC 308-96A-180  Registration of rental cars. (((1) Rental car businesses, registered pursuant to RCW 46.87.023 and chapter 308-88 WAC, shall register their rental cars prior to the vehicles being operated upon the roadways of this state. Registrations must be maintained for the period in which the rental car is operated as part of the rental car business fleet.

(2) Rental cars properly registered in another jurisdiction may be operated in this state without being titled and registered in this state when:

(a) Rented by a customer at a location outside of the state of Washington;

(b) The vehicle was dropped off at a Washington rental car business by its previous renter and is being rented for a one-way trip out of Washington; or

(c) The vehicle is part of a properly registered International Registration Plan (IRP) rental car business fleet.

(3) If the rental car business is registered pursuant to the provisions of the IRP, the rental car business will allocate rental car registrations according to the provisions of section 1116 of the IRP, as now or hereafter amended. Franchised businesses, receiving vehicles from their franchiser who is a registered IRP rental car business, may engage in retail car rentals for one-way trips into the state when receiving the vehicle and out of the state when returning it to the franchiser.

(4) Rental car usage is restricted to operations by rental customers, except when the rental car is being moved by the business to another business site, to or from maintenance or repair facilities, or for testing purposes.

(5) Vehicles that cease to be used for rental car purposes shall be reregistered for the appropriate usage and pay the proper motor vehicle excise tax pursuant to RCW 82.44.023 prior to further operation on the public roadways of this state.)) (1) What is a rental car?

A rental car is defined in RCW 46.04.465.

(2) How is a rental car licensed?

Registrations shall be maintained for the period in which the rental car is operated as part of the rental car business fleet.

(3) Do rental cars operated in Washington need to be registered in Washington?

Rental cars must be registered in Washington unless:

(a) Rented by a customer at a location outside of the state of Washington; or

(b) The vehicle was dropped off at a Washington rental car business by its previous renter and is being rented for a one-way trip out of Washington.

(4) Does the current certificate of registration issued by the department need to be carried in the rental car?

A photocopy of the current certificate of registration may be carried in a rental car in lieu of the original certificate of registration.

(5) Who may operate a rental car?

Rental cars may only be used by rental customers, unless the rental car is being moved by the business to another business site, to or from maintenance or repair facilities, or for testing purposes.

(6) What does a rental car company do when they remove a rental car from their fleet?

When a rental car company removes a vehicle from their fleet, they shall alter the current month and year tab on the license plates. To alter these tabs, the rental car company will place blank tabs over both the month and year tab on the front and rear plate issued for that vehicle.

[Statutory Authority: RCW 46.01.110 and 46.87.023. 95-15-028, § 308-96A-180, filed 7/11/95 effective 8/11/95.]

AMENDATORY SECTION (Amending WSR 92-02-100, filed 1/2/92, effective 2/2/92)

WAC 308-96A-260  Assignment of original registration year. ((Vehicles licensed for the first time in this state will have expiration dates assigned as follows:

(1) Fleet vehicles and prorated vehicles will have a registration year ending December 31. A full month's fees are charged for any partial month.

(2) Snowmobiles will have a registration year ending September 30. Snowmobile fees may not be abated.

(3) Exempt vehicles are not required to have their licenses renewed so will not have an expiration date assigned, except that exempt vehicles using propane, butane or natural gas will have a June 30 expiration date for special fuel billing purposes. This does not apply to federal exempt vehicles which are required to be registered annually and pay the liquefied petroleum gas (LPG) fee at the time of registration renewal.

(4) All other vehicles, including those issued amateur radio operator plates, personalized plates, and off-road vehicle use permits, will have a registration year beginning at 12:01 a.m. on the day which the vehicle is first licensed and ending at 12:00 midnight on the same date the succeeding year.

(5) A license purchased on February 29 will have an expiration date of March 1.

(6) In the event that the final day of a registration year falls on a Saturday, Sunday or legal holiday, such period shall extend through the end of the next business day.)) How are registration years assigned?

Vehicles licensed for the first time in this state will have expiration dates assigned under RCW 46.16.006 except as follows:

(1) Fleet vehicles will have a registration year ending December 31. A full month's fees are charged for any partial month.

(2) City, state and county exempt vehicles using propane, butane or natural gas will have a June 30 expiration date for special fuel billing purposes. This does not apply to federal exempt vehicles, which are required to be registered annually and pay the liquefied petroleum gas (LPG) fee at the time of registration renewal.

(3) Vehicles delivered on dealer temporary permits shall be assigned expiration dates based on date of delivery as documented by the dealer.

(4) A February 29 expiration date will be reassigned to March 1.

[Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, § 308-96A-260, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. 86-10-040 (Order TL/RG 24), § 308-96A-260, filed 5/5/86. Statutory Authority: 1985 c 109 §§ 2, 4, 6 and 8, RCW 46.80.140, 46.70.080 [46.79.080], 46.70.160, 46.76.070 and 46.16.225. 86-08-028 (Order DLR-091), § 308-96A-260, filed 3/26/86; Order MV-355, § 308-96A-260, filed 5/10/76.]

AMENDATORY SECTION (Amending WSR 93-14-083, filed 6/30/93, effective 7/31/93)

WAC 308-96A-295  Display of tabs. ((The department shall issue license plate tabs, or emblems to identify the month and year of the vehicle registration expiration. They may be displayed as soon as they are purchased. Tabs or emblems must be displayed starting with the first day of the current registration year. If tabs are issued, they shall be displayed on the front and rear license plates as indicated on the tab in the following manner:

(1) Motorcycle plates shall display the year tab in the upper right corner and the month tab lengthwise down the right side of the plate between the plate number and the outer frame of the plate.

(2) Plates with the state identification at the bottom of the plate shall have the month tab displayed in the lower left corner and the year tab in the lower right corner.

(3) Plates with the state identification at the top left of the plate shall have the month tab displayed immediately following the final "N" in Washington. The year tab shall be displayed to the immediate right of the month tab in the upper right corner.

(4) Plates with the state identification at the top center of the plate shall have the month tab displayed to the left of the "W" and the year tab displayed to the right of the final "N" in Washington.)) (1) What is a tab?

A tab is a decal that is affixed to the license plates and identifies the registration expiration date for a specific vehicle.

(2) Which tabs are valid to be displayed on the vehicle license plate?

Only the tabs depicting the current registration may be displayed on the vehicle license plates.

[Statutory Authority: RCW 46.01.110. 93-14-083, § 308-96A-295, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. 86-10-040 (Order TL/RG 24), § 308-96A-295, filed 5/5/86; Order MV-355, § 308-96A-295, filed 5/10/76.]

AMENDATORY SECTION (Amending WSR 92-02-100, filed 1/2/92, effective 2/2/92)

WAC 308-96A-300  Changing assigned registration year. (((1) If a vehicle remains unlicensed for a full registration year, a new registration expiration date shall be assigned in accordance with WAC 308-96A-260.

(2) If a vehicle license has expired at the time of title transfer, the new owner shall be assigned a new expiration date in accordance with WAC 308-96A-260.)) When may the assigned registration year of a vehicle be changed?

(1) The department will change the registration year of a vehicle if the vehicle remains unlicensed for more than a full registration year.

(2) The registered owner may request a change of registration expiration month. This can only be done at the time of renewal and require the registered owner to purchase more than twelve months of registration, limited to the vehicle field system constraints and tab availability.

[Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, § 308-96A-300, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), § 308-96A-300, filed 5/28/87. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. 86-10-040 (Order TL/RG 24), § 308-96A-300, filed 5/5/86; Order MV-355, § 308-96A-300, filed 5/10/76.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 308-96A-010 Certificate of registration required.

WAC 308-96A-025 No fee where incorrect plates issued.

WAC 308-96A-035 Annual license renewal.

WAC 308-96A-040 Monthly abatement of license fees.