WSR 98-18-024
PROPOSED RULES
DEPARTMENT OF LICENSING
[Filed August 25, 1998, 9:21 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-14-081.
Title of Rule: Chapter 308-97 WAC, Vehicle license interstate and intransit permit.
Purpose: To meet the criteria set forth in Governor Locke's Executive Order 97-02.
Statutory Authority for Adoption: RCW 46.16.160.
Summary: Repealing WAC 308-97-010 Definitions, 308-97-060 Duration weight limit and converter gear, 308-97-090 Completing trip permits, 308-97-175 Bulk purchase of trip permits and 308-97-205 Design of trip permit; and amending WAC 308-97-125 Display of trip permits and 308-97-230 Appointment of vehicle trip permit agents.
Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.
Name of Agency Personnel Responsible for Drafting: Patrick J. Zlateff, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Arthur W. Farley, 2424 Bristol Court Avenue S.W., Olympia, (360) 753-6993.
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: Making rules clear, concise and easier to comprehend for the public.
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.
RCW 34.05.328 does not apply to this rule adoption. The contents of the proposed rules are explicitly and specifically dictated by statute.
Hearing Location: Highways-Licenses Building, Conference Room 303, 1125 Washington Street S.E., Olympia, WA 98507, on October 6, 1998, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by October 5, 1998, TDD (360) 664-8885, or (360) 902-3718.
Submit Written Comments to: Patrick J. Zlateff, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by October 5, 1998.
Date of Intended Adoption: October 31, 1998.
August 24, 1998
Nancy S. Kelly, Administrator
Title and Registration Services
by Carol Judge
OTS-2435.1
AMENDATORY SECTION (Amending Order DOL 634, filed 7/24/81)
WAC 308-97-125 Display of trip permits. ((The vehicle copy
of the trip permit shall be displayed as indicated below.
Locations for display are indicated in relation to the vehicle
driver when seated in the vehicle.
(1) Passenger cars, and small trucks: Affix permit to the
inside lower left corner of the rear window.
(2) Trucks, truck tractors and motor homes: Affix permit to
the inside lower right corner of the windshield.
(3) Trailers, semi-trailers, converter gears, motorcycles
and mopeds: Permit must be in possession of the vehicle operator
(driver) or driver of the power unit pulling it.
Note: If display of the permit as prescribed above would obstruct the operator's vision, the permit will be displayed in an alternate
location which is visible from outside the vehicle and does not obstruct the operator's view.))
How is a trip permit displayed?
The vehicle display copy of the trip permit shall be displayed as indicated below. Locations for display are indicated in relation to the vehicle driver when seated in the vehicle.
(1) Passenger cars, small trucks and campers: Affix permit to the inside lower left corner of the rear window.
(2) Trucks, tractors, truck tractors and motor homes: Affix permit to the inside lower right corner of the windshield.
(3) Trailers, semi-trailer, motorcycles and mopeds: Permit must be in possession of the vehicle operator (driver) or driver of the power unit pulling it.
(4) If display of the permit as prescribed above would obstruct the operator's vision, the permit will be displayed in an alternate location, which is visible from outside the vehicle and does not obstruct the operator's view.
[Statutory Authority: RCW 46.16.160. 81-16-010 (Order DOL 634), § 308-97-125, filed 7/24/81.]
AMENDATORY SECTION (Amending Order DOL 634, filed 7/24/81)
WAC 308-97-230 Appointment of vehicle trip permit agents.
((The director of the department of licensing or the director's
designee may appoint the county auditors or other agents as his
or her agent for the purpose of selling vehicle trip permits to
the public.
(1) Any person or entity, other than a county auditor or
other state agency, desiring to become an agent of the department
for the purpose of issuing vehicle trip permits under the
provisions of RCW 46.16.160 shall make application to the
department on forms to be furnished by the department.
(2) Before appointment of any agent, other than a governmental agency or a governmental agency subagent, the department
shall require the applicant for appointment as the director's
permit agent to execute an agreement with the department to
faithfully abide by the requirements of this chapter and RCW
46.16.160; to timely account and pay all permit fees; to subject
their books and records to such periodic audit as may be deemed
necessary or appropriate by the director or the director's
designee; and to pay interest and penalties upon any deficiency
disclosed therein. Further, said applicant shall file with the
department a surety bond executed by the applicant as principal,
with a corporate surety qualified under the provisions of chapter
48.28 RCW, which bond shall be payable to the state conditioned
upon the faithful performance of all the requirements of this
chapter, RCW 46.16.160, and payment of any and all permit fees,
payment of audit assessments, interest and penalties due and to
become due thereunder. The bond shall be on a form to be
provided by the department. The total amount of the bond or
bonds required shall be equivalent to the monetary value of
vehicle trip permits issued to such agent as determined by the
department.
(3) The filing fee collected for each permit by an agent
pursuant to RCW 46.01.140 shall be used by such agent to defray
expenses incurred in handling and issuing said permits:
Provided, That in the event such fee is collected by an agency of
the state of Washington, as agent for the director, the fee so
collected shall be certified to the state treasurer and deposited
as provided by RCW 46.01.140.
(4) As a convenience to the public, issuance of vehicle trip
permits may be requested by the permit applicant to be received
via collect facsimile or other electronic transmission from an
agent specifically authorized by the director or the director's
designee to provide such service. When issuance of vehicle trip
permits via collect facsimile or other electronic transmission
has been so requested, such agent may collect from the requestor,
upon delivery of such facsimile or other electronic transmission,
transmission fees in addition to the statutory fees prescribed in
RCW 46.16.160. Such transmission fees shall not exceed fees
shown on the fee schedule filed with the department by each agent
authorized to provide this service. No other fees may be charged
by any agent.
(5) Agents will maintain records of transmittals for a
period of four calendar years and make these records available to
the department or its representative during business hours at the
agent's office.
(6) Agent's accounts are subject to audit by the department
of licensing. Vehicle trip permits issued to agents which are
found to be missing, lost, or otherwise unaccounted for, will
result in an assessment against said agent in an amount equal to
the administrative fee and excise tax of such permit(s).
(7) Agents shall mail or deliver weekly transmittals to the
department by Friday of each week for the seven-day period
immediately preceding. Such transmittals shall be accompanied by
the appropriate fees and such substantiating documents as may be
required by the department.
(8) The director or director's designee may, in the exercise
of discretion and after notice, served personally or by certified
mail, revoke the appointment of any agent who has failed to
comply with, or has violated any of the provisions of RCW
46.16.160, chapter 308-97 WAC, or published procedure, or who
shall breach the agreement of appointment. Upon notice of
revocation of the agent's appointment, the director or director's
designee, shall require the return to the department of any
vehicle trip permits then outstanding.)) (1) Who can sell vehicle
trip permits?
Vehicle trip permits may be sold by those entities cited in RCW 46.16.160. These entities include government and nongovernment organizations.
(2) How does a nongovernment organization obtain approval to sell vehicle trip permits?
Nongovernment organizations must:
(a) Apply to the department;
(b) Execute an agreement to abide by the requirements of this section and RCW 46.16.160;
(c) Provide a surety bond; and
(d) Provide transmission fee schedule if issuing permits electronically.
(3) How do I obtain an application to become an agent for selling trip permits?
Any nongovernment organization may obtain an application form from the department of licensing, prorate and fuel tax section.
(4) What are the components of the agreement?
The components of the agreement require the agent to:
(a) Timely account and pay all permit fees;
(b) Subject their books and records to periodic audit;
(c) Pay interest and penalties upon any deficiency;
(d) Maintain records of transmittals for a period of four calendar years and make these records available to the department or its representative during business hours at the agent's office;
(e) Mail or deliver weekly transmittals to the department by Friday of each week for permit sales covering the preceding seven days. Transmittals shall be accompanied by the appropriate fees and any documents required by the department;
(f) Reimburse the department for the administrative fee and excise tax of any permit, which is missing, lost, or otherwise unaccounted for.
(5) What are the requirements of a surety bond?
The requirements of a surety bond are to:
(a) Be on a form provided by the department;
(b) Meet the provisions of chapter 48.28 RCW for a corporate surety bond;
(c) Be executed by the applicant as principal;
(d) Be payable to the state conditioned upon the performance of all the requirements of this section and RCW 46.16.160, including payment of any and all permit fees, payment of audit assessments, interest and penalties due or which become due;
(e) Be in an amount equal to the monetary value of vehicle trip permits issued to an agent.
(6) What is the agent fee for selling a vehicle transit permit?
The agent fee is the filing fee mandated by RCW 46.01.140.
(7) How may vehicle trip permits be issued?
Vehicle trip permits may be issued by:
(a) Original two-part manual form;
(b) Facsimile of the two-part manual form; or
(c) Authorized electronic form.
(8) If the permit is issued by facsimile or other electronic means, may the agent collect an additional transmission fee?
Yes. As long as the fee does not exceed that listed on the transmission schedule filed with the department.
(9) What happens if the agent fails to comply with the agreement?
The department may, after proper notice, served personally or by certified mail, revoke the appointment of any agent who has violated any provisions of RCW 46.16.160, chapter 308-97 WAC, or breached the appointment agreement. Upon notice of revocation of an agent's appointment, the agent shall return to the department any vehicle trip permits in inventory and any money owed to the department.
[Statutory Authority: RCW 46.16.160. 81-16-010 (Order DOL 634), § 308-97-230, filed 7/24/81. Statutory Authority: RCW 46.01.110. 80-13-001 (Order DOL 591), § 308-97-230, filed 9/4/80.]
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 308-97-010 Definitions.
WAC 308-97-060 Duration, weight limit and converter gear.
WAC 308-97-090 Completing trip permits.
WAC 308-97-175 Bulk purchase of trip permits.
WAC 308-97-205 Design of trip permit.