Preproposal statement of inquiry was filed as WSR 98-22-030.
Title of Rule: Certificate of title--Motor vehicles, etc.
Purpose: 1. To meet the criteria set forth in Governor Locke's Executive Order 97-02.
2. To clarify rules and help make them more comprehensible.
Statutory Authority for Adoption: RCW 46.01.110.
Summary: Amending WAC 308-56A-250 Signature of registered owner on application--Exceptions, 308-56A-265 Releasing interest, 308-56A-270 Forms of signature, and 308-56A-275 Certification of signature; and repealing WAC 308-56A-255 Signature of registered owner--Supplemental form, 308-56A-280 Certification of signature--Departmental employees, and 308-56A-285 Certification of signature--Vehicle dealer.
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, 902-3718; Implementation: Nancy Kelly, 1125 Washington Street S.E., Olympia, 902-3754; and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, 902-4045.
Name of Proponent: , governmental.
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.
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 March 9, 1999, at 10:00.
Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by March 8, 1999, TDD (360) 664-8885, or (360) 902-3718.
Submit Written Comments to: Patrick J. Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by March 8, 1999.
Date of Intended Adoption: April 3, 1999.
January 26, 1999
Nancy S. Kelly, Administrator
Title and Registration Services
AMENDATORY SECTION(Amending WSR 92-15-024, filed 7/6/92, effective 8/6/92)
Signature of registered owner on application--Exceptions.
On an application for an original,
reissue, or transfer of certificate of title, the signature of
each and every named registered owner of the vehicle is required
(1) When the application is for the sole purpose of removing a legal owner of record from the certificate of title when that legal owner's security interest has been satisfied in the vehicle;
(2) When authorized supportive documentation is used in lieu of the signature or signatures;
(3) When the legal owner applies for a duplicate title;
(4) When there is a statutorily authorized lien filed by a government agency to place a lien against the vehicle as a secured party.
(5) When an existing legal owner's perfected security interest is transferred to another party and the new legal owner is perfecting their security interest and removing the existing legal owner. Evidence or documentation of the secured interest transfer must be provided.)) (1) When is the signature of a registered owner(s) required? Each registered owner is required to sign the application for certificate of ownership except when:
(a) The application is for the sole purpose of removing a secured party of record from the certificate of ownership;
(b) Authorized supportive documentation is used in lieu of the signature or signatures;
(c) The legal owner applies for a duplicate title certificate of ownership;
(d) There is a statutorily authorized lien filed by a government agency against the vehicle;
(e) An existing legal owner's perfected security interest is transferred to another party and the new secured party is perfecting its security interest.
(2) If there are multiple registered owners on an application for certificate of ownership, when is only one registered owner's signature required? Only one registered owner's signature is required when:
(a) The last certificate of ownership was issued in another jurisdiction; and
(b) The last certificate of ownership shows multiple registered owners; and
(c) Ownership is not changing.
[Statutory Authority: RCW 46.01.110. 92-15-024, § 308-56A-250, filed 7/6/92, effective 8/6/92; Order MV 208, § 308-56A-250, filed 7/31/74.]
In order for a
person to release his/her interest in a vehicle as registered or
legal owner, his/her signature is required on the certificate of
title issued by the department, unless authorized supportive
documentation is used in lieu of that signature or in lieu of the
certificate issued by the department.
(2) If the signatures are not on the certificate of title, all signatures must be certified in accordance with WAC 308-56A-275.
(3) If more than one person is shown on the certificate of title issued by the department as registered or legal owner, the signature of each registered and legal owner is required no matter what the form of ownership unless authorized supportive documents are used in lieu of one or more signatures.
(4) A release of interest is not required from one identified as a lessee.)) How does an owner release interest in a vehicle? A vehicle owner(s) or secured party who intends to release interest in a vehicle shall:
(a) Sign the release of interest provided on the certificate of ownership; or
(b) Sign a release of interest document or form approved by the department.
(2) What forms may secured parties use in lieu of subsection (1)(a) and (b) of this section when their intent is to release interest? Secured parties who intend to release their interest in a vehicle may provide one of the following if accompanied by the most recently issued certificate of ownership:
(a) Their properly completed official lien release form; or
(b) A release of interest on its official letterhead, if the secured party is a business entity.
(3) How is the release of interest submitted on an electronically generated Washington certificate of ownership? If the Washington certificate of ownership is a paperless title, the secured party may release its interest electronically or by signing an affidavit in lieu of title.
(4) When do signatures releasing interest need to be notarized or certified? An owner's release of interest on department approved documents other than the certificate of ownership must be notarized or certified in accordance with WAC 308-56A-275.
(5) Are there situations when signatures would not need to be notarized or certified in order to release interest? Yes, the following are situations where notarized or certified is not required:
(a) A signature releasing interest on the certificate of ownership issued by the department or another jurisdiction;
(b) A signature releasing interest on an affidavit in lieu of title printed at a Washington paperless title institution's location;
(c) When there is a secured party and:
(i) The secured party is a business; and
(ii) Release of interest in a vehicle is in accordance with subsection (2)(a) or (b) of this section; and
(iii) The current certificate of ownership is submitted with the separate release of interest and an application for a new certificate of ownership;
(d) A release of interest or bill of sale from the registered owner when the vehicle is from a jurisdiction which does not title this type of vehicle;
(e) A release of interest or a bill of sale from a wrecker or insurance company.
(6) When is a registered owner's release of interest not required? A release of interest is not required when a registered owner is identified as a lessee or sublessee on an ownership document.
(7) What documentation may be used in lieu of a release of interest? Documents that may be used in lieu of a release of interest include, but are not limited to, a certified or notarized:
(a) Bill of sale;
(b) Affidavit in lieu of title with the release of interest portion properly completed;
(c) Release of interest form;
(d) Letter of release;
(e) Affidavit of repossession;
(f) Abandoned vehicle report;
(g) Chattel or landlord lien form;
(h) Certificate of junk vehicle form; or
(i) Other documentation approved by the department.
[Order MV 208, § 308-56A-265, filed 7/31/74.]
In all cases
where the signature of an individual is required, that signature
shall be in exactly the same form as the name of the individual
that appears on the application or on the certificate of title
issued by the department. If the signature contains initials
that coincide with the first letter of the given name or names of
the named individual, the department will accept that signature. If the signature contains a given name or names that begin with
the initials shown on the application or on the title, the
department will accept that signature also.
(2) If the signature of a named business entity is required, an authorized individual shall sign for the business entity and indicate the title of his/her position with that entity. The name of the business entity shall be shown. A commonly known abbreviation of the name of the business entity, may, in the discretion of the department, be accepted.)) What signature format is acceptable to the department? The department will accept:
(a) The signature of an individual in the same form as the name appears on the application or on the certificate of ownership.
(b) The signature containing initials corresponding to the first letter of the given name(s).
(c) The signature containing a given name(s) corresponding to the initials.
(d) Common nicknames such as Bob for Robert, Jim for James, Betty for Elizabeth, etc.
(e) The signature, any memorandum, mark or sign made with the intent to authenticate and application for certificate of ownership or registration of any person provided in RCW 9A.04.110(23).
(2) What form of signature is required for business owned vehicles? Signatures for business owned vehicles must include:
(a) The name of the business or a commonly accepted abbreviation for the business;
(b) The signature of the person who is signing on behalf of the business; and
(c) The title of the position of the person.
[Order MV 208, § 308-56A-270, filed 7/31/74.]
signature of every applicant to be shown on the certificate of
title as the registered owner and of other signatures, as
required, shall be subscribed to and sworn to by that person
before a notary public, county auditor, deputy auditor, an
authorized agent approved by the director of licensing, an agent
appointed by the director of licensing, an employee or appointee
of either type or agent, or an employee of the department of
licensing authorized by the director to certify to an applicant's
signature. Approved identification of the person signing shall
be required.)) Who may certify signatures?
(1) Signatures shall be notarized by a notary public or certified by agents and subagents appointed by the director to conduct vehicle title and registration activities on behalf of the department. The certification must include the signature and the county, office, and operator numbers of the person certifying the signature. Signatures may also be certified by one of the following:
(a) Employees authorized by the director to certify signatures. These employees are:
(i) Deputy director; and
(ii) Assistant director for vehicle services; and
(iii) Administrator and managers of the division primarily responsible for vehicle title and registration; and
(iv) Persons assigned to liaison duties between the department and its agents and subagents; and
(v) Persons assigned the responsibility of accepting title and registration applications at the department's offices; and
(vi) Persons assigned the responsibility for investigating vehicle dealer activities; and
(b) Persons authorized by a Washington licensed vehicle dealer, if the vehicle is sold by that dealer. The certification must include the dealer number, signature, and title, of the person certifying the signature.
(2) The person certifying the signatures shall require proof of identification. Approved identification is:
(a) Drivers license; or
(b) Any photo identification card; or
(c) Any two of the following:
(i) A nationally or regionally recognized credit card (signed);
(ii) A signed ID card issued by a city, county, state or federal government agency;
(iii) Any certificate or other document issued by a government agency for the purpose of establishing identity; or
(d) Other documentation satisfactory to the person certifying the signature.
[Statutory Authority: RCW 46.01.110. 88-20-035 (Order TL/RG 44), § 308-56A-275, filed 9/30/88; Order MV 208, § 308-56A-275, filed 7/31/74.]
The following sections of the Washington Administrative Code are repealed:
|WAC 308-56A-255||Signature of registered owner--Supplemental form.|
|WAC 308-56A-280||Certification of signature--Departmental employees.|
|WAC 308-56A-285||Certification of signature--Vehicle dealer.|