WSR 00-06-025

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed February 23, 2000, 3:43 p.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 308-58-010, 308-58-020, 308-58-030, 308-58-040 and 308-58-050; and amending WAC 308-56A-460.

Statutory Authority for Adoption: RCW 46.01.110.

Other Authority: RCW 46.12.070.

Adopted under notice filed as WSR 00-01-060 on December 10, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 5.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 5; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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-3552.4


AMENDATORY SECTION(Amending WSR 92-15-024, filed 7/6/92, effective 8/6/92)

WAC 308-56A-460
Destroyed or wrecked vehicle rebuilt.

(((1) Any vehicle reported as destroyed pursuant to WAC 308-58-020 (1) or (2) that will be operated on any public road or highway, must be issued a new certificate of ownership and registration. The application for a new title shall include a Washington state patrol inspection and a bill of sale from:

(a) The insurance company that declared the vehicle a total loss, less salvage value; or

(b) A motor vehicle wrecker; or

(c) The last registered owner of record with the department.

(2) When the last registered owner retains a vehicle that is reported destroyed, the owner must apply for a new certificate of ownership before operating the vehicle upon a public road or highway. The application for title must include a Washington state patrol inspection and a bill of sale as provided in subsection (1) of this section.

(3) Regular license plates assigned to a destroyed vehicle may be transferred to a new owner of the vehicle. Fees will be charged for a reissue of title and for an expired registration. If the owner of record retains the vehicle, a fee will be charged for reissue of title and for an expired registration. The license plates may be retained.

(4) Before a vehicle dealer may sell a destroyed vehicle under their vehicle dealer license, the dealer must:

(a) Rebuild the vehicle to standards set by the state of Washington or the federal government pertaining to the construction and safety of vehicles; and

(b) Obtain a Washington state patrol inspection; and

(c) Apply for and receive a certificate of title for the vehicle, issued in the name of the vehicle dealer.)) (1) What is a destroyed or wrecked vehicle? For the purposes of this section:

(a) A destroyed vehicle means vehicles of any age that have been reported wrecked or destroyed by the owner, licensed wrecker, scrap processor or insurance company and includes salvage vehicles as defined in RCW 46.12.005; and

(b) A wrecked vehicle is defined in RCW 46.80.010(4).

(2) Who may report destroyed or wrecked vehicles and how are those vehicles reported to the department? Destroyed vehicles may be reported to the department by:

(a) Insurance companies. A vehicle becomes insurance destroyed under RCW 46.12.070 when:

(i) An insurance company in possession of a certificate of ownership to a destroyed vehicle submits to the department the current certificate of ownership indicating the vehicle is "DESTROYED," the insurance company name and address and the date of loss; or

(ii) The Total Loss Claim Settlement form (TD 420 074) completed in its entirety is received by the department (settlement is defined in subsection (4) of this section).

(b) Government or self-insured entities: Any government agency or self-insured entity reports the vehicle is a total loss by indicating on the certificate of ownership or affidavit of loss/release of interest that the vehicle is "DESTROYED" and, the date of loss. The document shall be submitted to the department.

(c) Other owners (owner destroyed); and

A vehicle is considered destroyed by an individual when:

(i) The individual submits to the department the certificate of ownership, properly released by the registered and/or legal owner(s), when applicable, and indicates on the face of the ownership document "DESTROYED," the date and location of destruction on the front of the certificate of ownership; or

(ii) The owner submits an affidavit of loss/release of interest with a notation on the document in the same manner as (c)(i) of this subsection; and

(iii) A written statement indicating the vehicle has been destroyed, to include year, make, model, and vehicle identification number.

(d) Washington licensed vehicle wreckers. A vehicle becomes wrecker destroyed when the Washington licensed wrecker submits a written report to the department as required in RCW 46.80.090.

(3) After the certificate of ownership has been surrendered, how do I sell my destroyed vehicle? After the certificate of ownership has been surrendered, you may sell your destroyed vehicle in the following ways:

(a) After the vehicle has been reported destroyed under RCW 46.12.070, the insurer using a bill of sale instead of a release of interest on a certificate of ownership may sell the vehicle. The bill of sale shall be signed by a representative of the insurer and provide their title of office. The representative's signature need not be notarized.

(b) After a vehicle has been reported destroyed under RCW 46.12.070 and the registered owner retains the vehicle, the vehicle may be sold in its present condition using a bill of sale. The bill of sale must be signed by the owner and the owner's signature must be notarized.

(c) A motor vehicle wrecker licensed under chapter 46.80 RCW may utilize a bill of sale issued in accordance with (a) and (b) of this subsection in lieu of a certificate of ownership to comply with RCW 46.80.090.

(4) When is an insurance claim considered settled? For the purpose of this section, those vehicles described in RCW 46.12.070, the settlement of an insurance claim as a total loss, less salvage value shall mean the date on which an insurance company actually makes payment to the claimant for the damage.

(5) If a vehicle has been reported to the department as destroyed or wrecked, may the license plate(s) remain with the vehicle? Depending on the situation the vehicle license plates may stay with the vehicle:

(a) If the vehicle has been reported insurance destroyed, regular vehicle license plates may remain with the vehicle.

(b) If the owner of record has reported the vehicle as destroyed, regular vehicle license plates may remain with the vehicle.

(c) If the vehicle has been reported destroyed by a Washington licensed wrecker, new vehicle license plates are required since the Washington licensed vehicle wrecker must remove the current license plates as required by WAC 308-63-070(7).

(6) What is required of a Washington licensed vehicle dealer before they can sell a vehicle that has been reported destroyed or wrecked? Except as permitted by RCW 46.70.101 (1)(b)(viii) before a vehicle dealer may sell a destroyed or wrecked vehicle under their Washington vehicle dealer license, the dealer must:

(a) Rebuild the vehicle to standards set by the state of Washington or the federal government pertaining to the construction and safety of vehicles; and

(b) Obtain a Washington state patrol inspection; and

(c) Apply for and receive a certificate of ownership for the vehicle, issued in the name of the vehicle dealer.

(7) What does "REBUILT" mean on a Washington certificate of ownership? The "REBUILT" designation, as required by RCW 46.12.075, on a vehicle certificate of ownership means that the vehicle is of a model year that is less than six years before the calendar year in which the vehicle was wrecked, destroyed, or damaged and has been reported as destroyed under RCW 46.12.070 or 46.80.010(4) and the vehicle has been rebuilt and inspected under RCW 46.12.030.

(8) For a vehicle described in subsection (7) of this section, will the certificate of ownership and registration always indicate "REBUILT"? Yes, the certificate of ownership and registration shall prominently display a "REBUILT" designation on the front of the document. This designation will continue to appear on every subsequent certificate of ownership and registration issued for this vehicle.

(9) If I purchase a vehicle that has been reported to the department as wrecked/destroyed/salvaged or a total loss and has not been retitled, what documentation is required to get a certificate of ownership? The documentation required to apply for a certificate of ownership after the vehicle's destruction is:

(a) All other documents required by chapters 46.01 and 46.12 RCW; and

(b) A notarized/certified release of interest or a notarized/certified bill of sale from the owner of the vehicle transferring ownership, except that a bill of sale from a licensed vehicle wrecked or insurer need not be notarized or certified;

(c) An inspection by the Washington state patrol or other person authorized by the director to perform vehicle inspection;

Note: Receipts of all parts used for reconstruction of the vehicle need to be kept and made available upon request at the time of inspection.

(d) An odometer statement, if applicable.

[Statutory Authority: RCW 46.01.110. 92-15-024, 308-56A-460, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 46.01.110 and 46.12.070. 91-04-025, 308-56A-460, filed 1/29/91, effective 3/1/91; Order MV 208, 308-56A-460, filed 7/31/74.]

OTS-3535.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 308-58-010 Definitions.
WAC 308-58-020 Method of reporting destruction.
WAC 308-58-030 Sale of salvage.
WAC 308-58-040 Salvage vehicles rebuilt.
WAC 308-58-050 Destroyed vehicle retitled.

Washington State Code Reviser's Office