Date of Adoption: May 6, 2003.

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

     Citation of Existing Rules Affected by this Order: Amending WAC 308-56A-065, 308-56A-075, and 308-56A-455.

     Statutory Authority for Adoption: RCW 46.01.110.

      Adopted under notice filed as WSR 03-06-040 on February 27, 2003.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 3, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

May 6, 2003

Fred Stephens

Director

OTS-6217.2

AMENDATORY SECTION(Amending WSR 01-08-022, filed 3/27/01, effective 4/27/01)

WAC 308-56A-065   Vehicles held in trust.   (1) How is a trust shown on a certificate of ownership? ((Owners who choose to designate the trust on a certificate of ownership may:)) A certificate of ownership may show the name of the trustee(s) or trust in one of the following manners:

     (a) ((Show the registered owner name with)) The trustee(s) name(s) only followed by the designation trustee, i.e., John Doe, trustee; or

     (b) ((Show the registered owner name with the designation)) The trustee(s) name(s) followed by the designation trustee and the name of the trust ((as one owner. If necessary, the name of the trust will be abbreviated to comply with the department's data field size constraints on the automated vehicle field system and space limitations on the certificate of ownership)), i.e., John Doe, trustee John Doe Family Trust; or

     (c) The name of the trust only, i.e., John Doe Family Trust.

Note:

If necessary, the name of the trust will be abbreviated to meet the department's system limitations.

     (2) If a vehicle is held in trust, who represents the trust for certificate of ownership transactions? If the vehicle record shows or is to be shown as:

     (a) The trustee(s) name(s) only, followed by the designation trustee, i.e., John Doe, trustee, all trustees shown or to be shown on the certificate of ownership must sign.

     (b) The trustee(s) name(s) followed by the designation trustee and name of the trust, i.e., John Doe, trustee John Doe Family Trust, all trustees shown or to be shown on the certificate of ownership must sign.

     (c) The name of the trust only, i.e., John Doe Family Trust, any trustee(s) designated in the trust document must sign.

     (3) What trust documents do I need to present to apply for a certificate of ownership in the name of the trust? You will need to provide a copy of the signed trust documents, showing the name of the trust, trustee(s) and successor trustees.

Note:

Massachusetts trusts ((established under)) described in chapter 23.90 RCW must ((also provide notarized/certified documentation from the secretary of state showing the trust is registered with the state of Washington)) provide verification that the trust was filed with the Washington secretary of state.

     (((3) If a vehicle is titled in the name of a trust, who represents the trust for title transactions? Any trustee designated in the trust document represents the trust on all vehicle transactions with the department unless that trustee is replaced or the trust is terminated.))

     (4) What is required when a ((successor)) trustee ((is appointed)) no longer acts on behalf of a trust? ((If the name of the trustee who has been succeeded, is shown on the certificate of ownership the successor trustee must apply for a new certificate of ownership and provide documentation appointing them as trustee.)) If a trustee no longer acts on behalf of a trust, and the vehicle ownership currently shows:

     (a) The trustee(s) name(s) only followed by the designation trustee, i.e., John Doe, trustee, application must be made for a new certificate of ownership; or

     (b) The trustee(s) name(s) followed by the designation trustee and the name of the trust, i.e., John Doe, trustee John Doe Family Trust, application must be made for a new certificate of ownership; or

     (c) The name of the trust only, i.e., John Doe Family Trust, application for new certificate of ownership is not required.

     In applying for a new certificate of ownership you will need to provide a copy of the signed trust documents, showing the name of the trust, trustee(s) and successor trustees.

Note:	Massachusetts trusts described in chapter 23.90 RCW must provide verification that the trust was filed with the Washington secretary of state.
Note:	New or successor trustees must provide documentation showing they are named as such in the trust.

     (5) What is required when a trust is terminated? The ((new)) owner of the vehicle must apply for a new certificate of ownership under chapter 46.12 RCW.

     If trustee(s) are deceased and no successor trustee(s) is appointed, the process established in WAC 308-56A-335 - Owner deceased, applies.

[Statutory Authority: RCW 46.01.110, 88.02.070 and 88.02,100 [88.02.100]. 01-08-022, § 308-56A-065, filed 3/27/01, effective 4/27/01. Statutory Authority: RCW 46.01.110. 99-08-064, § 308-56A-065, filed 4/5/99, effective 5/6/99. Statutory Authority: RCW 46.01.110 and 46.12.030. 97-03-076, § 308-56A-065, filed 1/15/97, effective 2/15/97; Order MV 208, § 308-56A-065, filed 7/31/74.]

     (2) How are additional legal owner's interest shown on the certificate of ownership? Additional legal owners are shown directly after the first legal owner. Only the address of the first legal owner ((shall)) will be shown on the certificate of ownership.

     (3) If the ((lien)) security interest has been satisfied with one of the legal owners shown on a certificate of ownership has been satisfied, how is their interest released? When the security interest of one of the legal owners shown on a certificate of ownership has been satisfied that interest ((shall)) must be released on the certificate of ownership or a department approved release of interest form. The remaining legal owner(s) ((shall)) must, within ten days of receiving the properly released certificate of ownership, apply for ((reissue)) reissuance of the certificate of ownership showing the remaining legal owner's name and address.

[Statutory Authority: RCW 46.01.110. 99-08-064, § 308-56A-075, filed 4/5/99, effective 5/6/99. Statutory Authority: RCW 46.01.110 and 46.12.030. 97-03-076, § 308-56A-075, filed 1/15/97, effective 2/15/97; Order MV 208, § 308-56A-075, filed 7/31/74.]

     (2) What constitutes a homemade vehicle? ((A homemade vehicle is a vehicle that has been structurally modified so that it does not have the same appearance as a similar vehicle from the same manufacturer or has been put together from parts and materials other than major component parts.)) A homemade vehicle that cannot visually be identified as one produced by a particular manufacturer. The model year of a homemade vehicle is determined by the Washington state patrol at the time of inspection. The make is homemade.

     (3) What is the difference between an assembled vehicle and a homemade vehicle? The difference between an assembled and a homemade vehicle is that an assembled vehicle will be recognizable as one produced by a particular manufacturer. A homemade vehicle will be a vehicle that cannot visually be identified as one produced by a particular manufacturer. The model year of a homemade vehicle will be the original year of licensing and the make will be homemade.

     (4) ((How do I apply for a certificate of ownership for my assembled vehicle?)) What documents are required to apply for a certificate of ownership for an assembled or homemade vehicle? The application for certificate of ownership must be accompanied by the following documents:

     (a) The certificate of ownership or bills of sale for each vehicle or major component part used in the assembly or construction of the vehicle ((or bills of sale for each major component part used in the assembly of the vehicle)). The bills of sale must be notarized unless the vendor has a regular place of business and is registered with the department of revenue as an agent for use tax purposes. The bill(s) of sale shall include:

     (i) The names and addresses of the seller and purchaser;

     (ii) A description of the part being sold, including the make, model and identification or serial number;

     (iii) The date of sale;

     (iv) The purchase price of the part; and

     (v) The stock number if from a Washington licensed wrecker.

     (b) A ((statement of fact from an authorized member of the)) Washington state patrol inspection or inspection from other personnel authorized by the director verifying the vehicle identification number, make, model, and year ((and roadworthiness.)); and

     (c) A completed declaration of value form ((provided by the department)).

     (5) What happens if I must remove, destroy or conceal a vehicle identification number during assembly or construction of my vehicle? ((Prior to the assembly)) The assembled parts must be inspected by an authorized member of the Washington state patrol or other personnel authorized by the director who will issue a statement of fact prior to assembly or construction of a vehicle ((that will involve)) involving the removal, destruction, or concealment of any vehicle identification number((, the parts shall be inspected by an authorized member of the Washington state patrol or other personnel authorized by the director who will issue a statement of fact)). After assembly ((and)) of a vehicle where the identification number has been removed, destroyed or concealed, an authorized member of the Washington state patrol or other personnel authorized by the director must determine if a new vehicle identification number will be ((determined and)) assigned ((by an authorized member of the Washington state patrol, or other personnel authorized by the director and a new statement of fact will be issued)).

     (((6) How do I apply for a certificate of ownership for my homemade vehicle? The application for certificate of ownership must be accompanied by the following documents:

     (a) Bills of sale for each major component part used in the assembly of the vehicle. The bills of sale must be notarized unless the vendor has a regular place of business and is registered with the department of revenue as an agent for use tax purposes and shall include:

     (i) The names and addresses of the seller and purchaser;

     (ii) A description of the vehicle or part being sold, including the make, model and identification or serial number;

     (iii) The date of sale; and

     (iv) The purchase price of the vehicle or part.

     (b) A statement from an authorized member of the Washington state patrol or other personnel authorized by the director verifying the vehicle identification number, make, model, year and roadworthiness.

     (c) A declaration of value form provided by the department.))

[Statutory Authority: RCW 46.01.110. 00-04-046, § 308-56A-455, filed 1/27/00, effective 2/27/00; 92-15-024, § 308-56A-455, filed 7/6/92, effective 8/6/92; Order MV 208, § 308-56A-455, filed 7/31/74.]

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