WSR 00-06-020

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed February 23, 2000, 9:34 a.m. ]

Date of Adoption: February 23, 2000.

Purpose: Meet criteria supporting Governor Locke's Executive Order 97-02.

Citation of Existing Rules Affected by this Order: Repealing WAC 308-56A-610, 308-56A-650, 308-56A-660, 308-56A-670, 308-56A-680 and 308-56A-690; and amending WAC 308-56A-620 and 308-56A-640.

Statutory Authority for Adoption: RCW 46.01.110.

Other Authority: RCW 46.12.030.

Adopted under notice filed as WSR 00-01-045 on December 8, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 6.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 2, Repealed 6; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

February 23, 2000

Fred Stephens

Director

OTS-3648.2


AMENDATORY SECTION(Amending WSR 97-14-034, filed 6/25/97, effective 7/26/97)

WAC 308-56A-620
Odometer disclosure -- Definitions.

((Terms used in chapters 46.12 and 46.16 RCW and this chapter shall have the following meanings except where otherwise defined, and unless where used the context thereof clearly indicates to the contrary:))

(1) What does "transferee" mean on odometer disclosure statements? "Transferee" means a person to whom a motor vehicle is transferred, by purchase, gift, or any means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferee.

(2) What does "transferor" mean on odometer disclosure statements? "Transferor" means a person who transfers ownership in a motor vehicle by sale, gift, or any means other than by creation of a security interest and any person who, as agent, signs an odometer disclosure statement for the transferor.

(3) What does "involuntary divestiture" mean on odometer disclosure statements? "Involuntary divestiture" means a change in vehicle ownership without the ((registered)) owner's ((involvement)) voluntary consent resulting from a proceeding in insolvency, attachment, levy or otherwise, whereby the owner is deprived of his or her ownership interest in the vehicle.

[Statutory Authority: RCW 46.01.110 and 46.12.124. 97-14-034, 308-56A-620, filed 6/25/97, effective 7/26/97. Statutory Authority: RCW 46.12.030 and 46.01.110. 89-16-074 (Order TL/RG 49), 308-56A-620, filed 7/31/89, effective 8/31/89.]


AMENDATORY SECTION(Amending WSR 97-14-034, filed 6/25/97, effective 7/26/97)

WAC 308-56A-640
Odometer disclosure statement(( -- Vehicle dealer transactions)).

(((1) Vehicle dealers must obtain odometer disclosure statements from the transferor of the vehicle. A second odometer disclosure statement must be completed by the vehicle dealer as transferor at the time of wholesale or retail sale.

(2) Vehicle dealers must maintain records of completed odometer disclosure statements on dealer to dealer vehicle reassignments.

(3) If the certificate of ownership is unsecure, only the transferor odometer disclosure statement must accompany the application for certificate of ownership at the time of retail sale.

(4) Odometer disclosure statement records must be kept by the vehicle dealer for five years.)) (1) When is an odometer disclosure statement required? An odometer disclosure statement must be completed and submitted with every application for certificate of ownership as required by RCW 46.12.124 and 49 Code of Federal Regulations, unless specifically exempted.

(2) May a power of attorney be used to disclose the mileage of a vehicle? The transferee and/or transferor may give a power of attorney to a disinterested third party for the purpose of odometer disclosure.

A secure power of attorney, power of attorney designated under chapter 11.94 RCW or other power of attorney approved by the department may be used with an odometer disclosure statement with the following limitations:

(a) The transferor may not give power of attorney to the transferee of the same vehicle for the purpose of odometer disclosure;

(b) The transferee may not give a power of attorney to the transferor of the same vehicle for the purpose of odometer disclosure;

(c) A power of attorney may not be used to complete another power of attorney for the purposes of odometer disclosure.

(3) What odometer disclosure statement forms will the department accept? Odometer disclosure statement forms approved by the department include, but are not limited to:

(a) An odometer disclosure statement on a certificate of ownership issued by any jurisdiction which complies with the Federal Truth in Mileage Act; or

(b) The odometer disclosure/title extension statement; or

(c) A form issued/approved by a foreign jurisdiction which satisfies the provisions of RCW 46.12.124 or the Federal Truth in Mileage Act.

(4) When is an odometer disclosure/title extension statement used? An odometer disclosure/title extension statement is a form used:

(a) With a certificate of ownership when an odometer disclosure statement is required;

(b) If the certificate of ownership is unavailable; or

(c) If all reassignments on the certificate of ownership are full.

(5) When must a vehicle dealer process an odometer disclosure statement as a transferee? A vehicle dealer must process an odometer disclosure statement as a transferee and obtain the signature of the transferor when taking a vehicle in on trade, purchase, or otherwise acquiring a vehicle.

(6) When must a vehicle dealer process an odometer disclosure statement as a transferor? The vehicle dealer must complete an odometer disclosure statement as transferor when selling a vehicle at either wholesale or retail.

(7) How is mileage disclosed when a vehicle is sold through an auction company? The seller/consignor signs as the transferor and the successful bidder/buyer signs as the transferee.

(8) How long must vehicle dealers and auction companies maintain odometer disclosure statements? The vehicle dealer or vehicle dealers doing business as an auction company must keep all odometer disclosure statement records for five years.

(9) Can one vehicle dealer representative sign as transferee and transferor for the same transaction? No. One person cannot represent both the transferor and transferee for the purposes of odometer disclosure.

(10) When are odometer statements needed for leased vehicles? Odometer statements are needed for leased vehicles when; establishing and terminating or buying out a lease. The lessor of a leased vehicle must notify the lessee in writing that the lessee is required to provide to the lessor a written odometer disclosure statement at the termination of the lease. That notice may be given any time after execution of the lease contract and prior to the termination of the lease or transfer of ownership.

(a) When establishing a lease, the dealer or other transferor must disclose the mileage to the lessee on a written odometer statement, and the lessee must acknowledge the written odometer statement as the transferee.

(b) When terminating a lease, the lessee as the transferor must disclose the mileage to the lessor and provide the lessor with a copy of the odometer disclosure statement.

(c) The lessor shall retain each odometer disclosure statement for five years following the date they terminate a lease or transfer ownership of the leased vehicle.

(11) Who discloses the mileage on the odometer disclosure statement on a lease buyout? The lessee shall disclose the mileage on the odometer disclosure statement as transferee if the lessee purchases the vehicle at the termination of the lease. A transferor signature is not required on the odometer disclosure statement when submitted with the application for certificate of ownership.

(12) Is an odometer statement required when there is involuntary divestiture? Yes. If the interest of an owner in a vehicle passes to another through involuntary divestiture, an odometer disclosure statement must be completed under RCW 46.12.124 and the rules under 49 Code of Federal Regulations.

(13) When a vehicle is acquired by involuntary divestiture, are there any circumstances that may allow odometer disclosure statements to be completed by transferee only? Yes. Circumstances that may allow odometer disclosure statements to be completed by only the transferee include, but are not limited to:

(a) Auction sale of an abandoned vehicle by a registered tow truck operator;

(b) Chattel/landlord lien;

(c) Court order;

(d) Divorce;

(e) Estate liquidation;

(f) Repossession;

(g) Seized vehicle;

(h) Sheriff sale.

[Statutory Authority: RCW 46.01.110 and 46.12.124. 97-14-034, 308-56A-640, filed 6/25/97, effective 7/26/97. Statutory Authority: RCW 46.12.030 and 46.01.110. 89-16-074 (Order TL/RG 49), 308-56A-640, filed 7/31/89, effective 8/31/89.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 308-56A-610 Odometer disclosure statement -- General procedures/requirements.
WAC 308-56A-650 Odometer disclosure statement -- Leased vehicles.
WAC 308-56A-660 Odometer disclosure statement -- Involuntary divestiture.
WAC 308-56A-670 Odometer disclosure statement -- Dealer auction companies.
WAC 308-56A-680 Odometer disclosure statement -- Out-of-state vehicles.
WAC 308-56A-690 Odometer disclosure statement -- Forms.

Washington State Code Reviser's Office