WSR 00-20-006

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 22, 2000, 8:45 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-16-042.

Title of Rule: Chapter 308-93 WAC, General provisions for vessel subject to and exempt from titling.

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 88.02.070, 88.02.100.

Summary: Amending WAC 308-93-140 Decals -- Placement, size, and color and 308-93-145 Vessel registration numbers -- Display, size, color.

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 and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, 902-4045.

Name of Proponent:

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 107, 1125 Washington Street S.E., Olympia, WA 98507, on November 8, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Dale Brown by November 7, 2000, TTY (360) 664-8885, or (360) 902-4020.

Submit Written Comments to: Dale Brown, Management Analyst, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by November 7, 2000.

Date of Intended Adoption: November 8, 2000.

September 21, 2000

Deborah McCurley, Administrator

Title and Registration Services

OTS-4360.1


AMENDATORY SECTION(Amending WSR 99-21-097, filed 10/20/99, effective 11/20/99)

WAC 308-93-140
Decals -- Placement, size, and color.

(1) Where do I place the decals I receive when I register my vessel in Washington? ((These)) Decals ((shall)) must be placed on the vessel for which they were assigned.      Decals must be affixed on (see illustration):

((Place illustration here.))
     (a) Forward half of the vessel above the water line so it is easily visible for law enforcement; and

     (b) Within six inches aft of, and directly on line with, the vessel registration number as provided by WAC 308-93-145(3).

Place illustration here.
     (c) For documented vessels, one decal must be affixed to each side of the forward half of the vessel for which it was assigned so it is easily visible for law enforcement.

     (2) What do the vessel decals look like that are issued by the department? In accordance with 33 Code of Federal Regulations (CFR), vessel decals are approximately three inches square.      The years in which validation decals expire must be indicated by the colors blue, international orange, green, and red, in rotation beginning with blue for decals that expired in 1985.

     (3) Which vessel decal shall be displayed? To legally operate your vessel on Washington waters, you must display the decal that shows your vessel is registered for the current registration year.      ((The current decal must be placed inline and within six inches of the aft of the registration number.))

[Statutory Authority: RCW 88.02.070 and 88.02.100.      99-21-097, § 308-93-140, filed 10/20/99, effective 11/20/99.      Statutory Authority: RCW 88.02.100 and 88.02.120.      90-08-018, § 308-93-140, filed 3/28/90, effective 4/28/90.      Statutory Authority: RCW 88.02.100.      84-21-131 (Order TL/RG-10), § 308-93-140, filed 10/24/84.      Statutory Authority: RCW 88.02.070 and 88.02.100.      84-13-086 (Order TL-RG-2), § 308-93-140, filed 6/21/84.      Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46.      83-23-076 (Order 736-DOL), § 308-93-140, filed 11/18/83.]


AMENDATORY SECTION(Amending WSR 00-09-065, filed 4/18/00, effective 5/19/00)

WAC 308-93-145
Vessel registration numbers -- Display, size, color.

(1) What vessels are required to display a vessel registration number? All vessels ((that are required to be)) registered under chapter 88.02 RCW ((except vessels documented with the United States Coast Guard,)) are required to display the vessel registration numbers. Vessels documented by the United States Coast Guard are not to display the registration number.

     (2) What are vessel registration numbers? Vessel registration numbers ((are)), configured in accordance with 33 CFR 174.23 ((and)):

     (a) Uniquely identify ((the)) a vessel((, similar to license plate numbers for vehicles)) (the same way license plate numbers identify a vehicle);

     (b) Are assigned by the department when you apply for initial registration for your vessel;

     (c) Are printed on your registration certificate and certificate of ownership;

     (((d) The department does not provide any physical material for you to apply to your vessel.))

     (3) How do I display the assigned vessel registration number on my vessel? The registration number assigned ((shall)) must:

     (a) Be painted on or permanently attached to each side of the forward half of the vessel and easily visible for law enforcement except as allowed by subsection (6) of this section or required by subsection (((8))) (9) of this section and must be on a vertical surface;

     (b) Be in plain vertical block characters of not less than three inches in height;

     (c) Contrast with the color of the background and be distinctly visible and legible;

     (d) Have spaces or hyphens that are equal to the width of a letter other than "I" or a number other than "1" between the letter and number groupings (example: WN 5678 EF or WN-5678-EF); and

     (e) Read from left to right.

     (4) Are vessel registration numbers transferable from vessel to vessel? Vessel registration numbers are not transferable between vessels.      Once assigned, a vessel registration number cannot be reassigned to another vessel.

     (5) Does a Washington licensed dealer need to display registration numbers and decals when demonstrating or testing a vessel held for sale? Washington licensed vessel dealers ((shall)) must display dealer registration numbers and decals assigned and issued by the department.      Dealer registration numbers and decals ((shall)) must be displayed in the following manner:

     (a) The department assigned dealer vessel registration number must be ((painted on or)) permanently attached to a backing plate;

     (b) The department issued decal must be affixed within six inches aft of and directly on line with the dealer registration number as provided by WAC 308-90-070(1); and

     (c) The backing plate ((shall)) must be attached to the forward half of the vessel so that the number is visible from each side of the vessel when observed from outside the vessel.

     (6) How do I display my vessel registration number if my vessel's hull or superstructure is configured so that the vessel registration number would not be easily visible? In this case, the vessel registration number must be painted on or attached to backing plates that are attached to the forward half of the vessel so that the number is visible from the outside of the vessel.

     (7) Are any numbers other than those issued by an issuing authority allowed on the front half of my vessel? No person may use a vessel on the waters of this state that has any number that is not issued by an issuing authority for that vessel on its forward half.

     (8) Are there any letters that may not be used in the configuration of a vessel registration number? Yes, the letters I, O, and Q. Registration numbers that currently contain I, O, and Q will be reassigned by the department upon registration renewal due on or after July 1, 2000.

     (9) Is a tender as described in chapter 88.02 RCW required to display a vessel registration number? Vessels used as a tender, while exempt from registration under RCW 88.02.030, must display the numbers of the parent vessel with an additional ((numeric digit)) number following the last alpha character of the vessel registration number.      (Example 1) WN 5678 EF 1 or WN-5678-EF-1. The second tender vessel registration number will be the next consecutive number.      (Example 2) WN 5678 EF 2 or WN-5678-EF-2.

[Statutory Authority: RCW 88.02.100.      00-09-065, § 308-93-145, filed 4/18/00, effective 5/19/00.      Statutory Authority: RCW 88.02.070 and 88.02.100.      99-21-097, § 308-93-145, filed 10/20/99, effective 11/20/99; 84-13-086 (Order TL-RG-2), § 308-93-145, filed 6/21/84.]

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