AN ACT Relating to motor vehicles; amending RCW
46.12.050, 46.68.010, 82.44.120, 46.70.021, 46.70.023, 46.70.041, 46.70.051,
46.70.083, 46.70.140, 46.70.290, 46.70.300, 46.87.020, 46.87.030, 46.87.080,
46.87.310, and 46.87.340; adding a new section to chapter 46.87 RCW; adding new
sections to chapter 46.70 RCW; recodifying RCW 46.12.120 and 46.12.140;
repealing RCW 46.70.150 and 46.87.160; and prescribing penalties.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 46.12.050 and 1990 c 238 s 3 are each amended to read as follows:
The department, if satisfied from the
statements upon the application that the applicant is the legal owner of the
vehicle or otherwise entitled to have ((the)) a certificate of
ownership thereof in the applicant's name, shall ((thereupon)) issue an
appropriate electronic record of ownership or a written certificate of
ownership, over the director's signature, authenticated by seal, and if
required, a new written certificate of license registration if
certificate of license registration is required.
((Both)) The certificates
of ownership and the certificates of license registration shall contain
upon the face thereof, the date of application, the registration number
assigned to the registered owner and to the vehicle, the name and address of
the registered owner and legal owner, the vehicle identification number, and
such other description of the vehicle and facts as the department shall
require, and in addition thereto, if the vehicle described in such certificates
shall have ever been licensed and operated as an exempt vehicle or a taxicab,
or if it is less than four years old and has been rebuilt after having been
totaled out by an insurance carrier, such fact shall be clearly shown thereon.
All certificates of ownership of motor vehicles
issued after April 30, 1990, shall reflect the odometer reading as provided by
the odometer disclosure statement submitted with the title application
involving a ((change of registration)) transfer of ownership.
A blank space shall be provided on the face of
the certificate of license registration for the signature of the registered
owner.
Upon issuance of the certificate of license
registration and certificate of ownership and upon any reissue thereof, the
department shall deliver the certificate of license registration to the
registered owner and the certificate of ownership to the legal owner, or both
to the person who is both the registered owner and legal owner.
Sec. 2.
RCW 46.68.010 and 1989 c 68 s 1 are each amended to read as follows:
Whenever any license fee, paid under the
provisions of this title, has been erroneously paid, either wholly or in
part, the ((person paying the fee, upon satisfactory proof to the director
of licensing, shall be)) payor is entitled to have refunded the
amount so erroneously paid. A renewal license fee paid prior to the actual
expiration date of the license being renewed shall be deemed to be erroneously
paid if the vehicle for which the renewal license ((is being)) was
purchased is destroyed or permanently removed from the state prior to the
beginning date of the registration period for which the renewal fee ((is
being)) was paid. Upon such refund being certified to the state
treasurer by the director as correct and being claimed in the time required by
law the state treasurer shall mail or deliver the amount of each refund to the
person entitled thereto((: PROVIDED, That)). No claim for
refund shall be allowed for such erroneous payments unless filed with the
director within ((thirteen months)) three years after such
claimed erroneous payment was made.
If due to error a person has been required to
pay a vehicle license fee under this title and an excise tax ((which)) under
Title 82 RCW that amounts to an overpayment of ten dollars or more, that
person shall be entitled to a refund of the entire amount of the overpayment,
regardless of whether a refund of the overpayment has been requested. If due
to error the department or its agent has failed to collect the full amount of
the license fee and excise tax due and the underpayment is in the amount of ten
dollars or more, the department shall charge and collect such additional amount
as will constitute full payment of the tax and fees.
Any person who makes a false statement under
which he or she obtains a refund to which he or she is not entitled under this
section is guilty of a gross misdemeanor.
Sec. 3.
RCW 82.44.120 and 1990 c 42 s 307 are each amended to read as follows:
Whenever any person has paid a motor vehicle
license fee, and together therewith has paid an excise tax imposed under the
provisions of this chapter, and the director ((of licensing)) determines
that the payor is entitled to a refund of the entire amount of the license fee
as provided by law, then the payor shall also be entitled to a refund of the
entire excise tax collected under the provisions of this chapter. In case the
director determines that any person is entitled to a refund of only a part of
the license fee so paid, the payor shall be entitled to a refund of the
difference, if any, between the excise tax collected and that which should have
been collected.
In case no claim is to be made for the refund
of the license fee or any part thereof, but claim is made by any person
that he or she has paid an erroneously excessive amount of excise tax, the
department shall determine in the manner generally provided in this chapter the
amount of such excess, if any, that has been paid and shall certify to the
state treasurer that such person is entitled to a refund in such amount.
In any case where due to error, a person has
been required to pay an excise tax pursuant to this chapter and a vehicle
license fee pursuant to Title 46 RCW which amounts to an overpayment of ten
dollars or more, such person shall be entitled to a refund of the entire amount
of such overpayment, regardless of whether or not a refund of the overpayment
has been requested. Conversely, if due to error, the department or its agents
has failed to collect the full amount of the license fee and excise tax due,
which underpayment is in the amount of ten dollars or more, the department shall
charge and collect such additional amount as will constitute full payment of
the tax.
Any claim for refund of an erroneously
excessive amount of excise tax or overpayment of excise tax with a motor
vehicle license fee must be filed with the director within three years after
the claimed erroneous payment was made.
If the department approves the claim it shall
notify the state treasurer to that effect, and the treasurer shall make such
approved refunds ((and the other refunds herein provided for)) from the
general fund and shall mail or deliver the same to the person entitled thereto.
Any person making any false statement under
which he or she obtains any amount of refund to which he or she is not entitled
under the provisions of this section is guilty of a gross misdemeanor.
Sec. 4.
RCW 46.70.021 and 1988 c 287 s 2 are each amended to read as follows:
It is unlawful for any person, firm, or
association to act as a vehicle dealer or vehicle manufacturer, to engage in
business as such, serve in the capacity of such, advertise himself, herself, or
themselves as such, solicit sales as such, or distribute or transfer vehicles
for resale in this state, without first obtaining and holding a current license
as provided in this chapter, unless the title of the vehicle is in the name of
the seller. It is unlawful for any person other than a licensed vehicle dealer
to display a vehicle for sale unless the registered owner or legal owner is the
displayer or holds a notarized power of attorney. A person or firm engaged in
buying and offering for sale, or buying and selling five or more vehicles in a
twelve-month period, or in any other way engaged in dealer activity without
holding a vehicle dealer license, is guilty of a gross misdemeanor, and upon
conviction is subject to a fine of up to ((one)) five thousand
dollars for each violation and up to one year in jail. A second offense is a
class C felony punishable under chapter 9A.20 RCW. A violation of this section
is also a per se violation of chapter 19.86 RCW and is considered a deceptive
practice. The department of licensing, the Washington state patrol, the
attorney general's office, and the department of revenue shall cooperate in the
enforcement of this section. A distributor, factory branch, or factory
representative shall not be required to have a vehicle manufacturer license so
long as the vehicle manufacturer so represented is properly licensed pursuant
to this chapter. Nothing in this chapter prohibits financial institutions from
cooperating with vehicle dealers licensed under this chapter in dealer sales or
leases. However, financial institutions shall not broker vehicles and
cooperation is limited to organizing, promoting, and financing of such dealer
sales or leases.
Sec. 5.
RCW 46.70.023 and 1991 c 339 s 28 are each amended to read as follows:
(1) An "established place of
business" requires a permanent, enclosed commercial building located
within the state of Washington easily accessible at all reasonable times. An
established place of business shall have an improved display area of not less
than three thousand square feet in or immediately adjoining the building, or a
display area large enough to display six or more vehicles of the type the
dealer is licensed to sell, whichever area is larger. The business of a
vehicle dealer, including the display ((and repair)) of vehicles, may be
lawfully carried on at an established place of business in accordance with the
terms of all applicable building code, zoning, and other land-use regulatory
ordinances. The dealer shall keep the building open to the public so that they
may contact the vehicle dealer or the dealer's salespersons at all reasonable
times. The books, records, and files necessary to conduct the business shall
be kept and maintained at that place. The established place of business shall
display an exterior sign with the business name and nature of the business,
such as auto sales, permanently affixed to the land or building, with letters
clearly visible to the major avenue of traffic. In no event may a room or
rooms in a hotel, rooming house, or apartment house building or part of a
single or multiple-unit dwelling house be considered an "established place
of business" unless the ground floor of such a dwelling is devoted
principally to and occupied for commercial purposes and the dealer offices are
located on the ground floor. A mobile office or mobile home may be used as an
office if it is connected to utilities and is set up in accordance with state
law. This subsection does not apply to auction companies that do not own
vehicle inventory or sell vehicles from an auction yard.
(2) An auction company shall have office
facilities within the state. The books, records, and files necessary to
conduct the business shall be maintained at the office facilities. All storage
facilities for inventory shall be listed with the department, and shall meet
local zoning and land use ordinances. An auction company shall maintain a
telecommunications system.
(3) Auction companies shall post their vehicle
dealer license at each auction where vehicles are offered, and shall provide
the department with the address of the auction at least three days before the
auction.
(4) If a dealer maintains a place of business
at more than one location or under more than one name in this state, he or she
shall designate one location as the principal place of business of the firm,
one name as the principal name of the firm, and all other locations or names as
subagencies. A subagency license is required for each and every subagency:
PROVIDED, That the department may grant an exception to the subagency
requirement in the specific instance where a licensed dealer is unable to
locate their used vehicle sales facilities adjacent to or at the established
place of business. This exception shall be granted and defined under the
promulgation of rules consistent with the Administrative Procedure Act.
(5) All vehicle dealers shall maintain
ownership or leasehold throughout the license year of the real property from
which they do business. The dealer shall provide the department with evidence
of ownership or leasehold whenever the ownership changes or the lease is
terminated.
(6) A subagency shall comply with all requirements
of an established place of business, except that auction companies shall comply
with the requirements in subsection (2) of this section.
(7) A temporary subagency shall meet all local
zoning and building codes for the type of merchandising being conducted. The
dealer license certificate shall be posted at the location. No other
requirements of an established place of business apply to a temporary
subagency. Auction companies are not required to obtain a temporary subagency
license.
(8) A wholesale vehicle dealer shall have
office facilities in a commercial building within this state, and all storage
facilities for inventory shall be listed with the department, and shall meet
local zoning and land use ordinances. A wholesale vehicle dealer shall maintain
a telecommunications system. An exterior sign visible from the nearest street
shall identify the business name and the nature of business. A wholesale
dealer need not maintain a display area as required in this section. When two
or more vehicle dealer businesses share a location, all records, office
facilities, and inventory, if any, must be physically segregated and clearly
identified.
(9) A retail vehicle dealer shall be open
during normal business hours, maintain office and display facilities in a
commercially zoned location or in a location complying with all applicable
building and land use ordinances, and maintain a business telephone listing in
the local directory. When two or more vehicle dealer businesses share a
location, all records, office facilities, and inventory shall be physically
segregated and clearly identified.
(10) A listing dealer need not have a display
area if the dealer does not physically maintain any vehicles for display.
(11) A subagency license is not required for a
mobile home dealer to display an on-site display model, a consigned mobile home
not relocated from its site, or a repossessed mobile home if sales are handled
from a principal place of business or subagency. A mobile home dealer shall
identify on-site display models, repossessed mobile homes, and those consigned
at their sites with a sign that includes the dealer's name and telephone
number.
(12) Every vehicle dealer shall advise the
department of the location of each and every place of business of the firm and
the name or names under which the firm is doing business at such location or
locations. If any name or location is changed, the dealer shall notify the
department of such change within ten days. The license issued by the
department shall reflect the name and location of the firm and shall be posted
in a conspicuous place at that location by the dealer.
(13) A vehicle dealer's license shall upon the
death or incapacity of an individual vehicle dealer authorize the personal
representative of such dealer, subject to payment of license fees, to continue
the business for a period of six months from the date of the death or
incapacity.
Sec. 6.
RCW 46.70.041 and 1990 c 250 s 64 are each amended to read as follows:
(1) Every application for a vehicle dealer
license shall contain the following information to the extent it applies to the
applicant:
(a) Proof as the department may require
concerning the applicant's identity, including but not limited to his fingerprints,
the honesty, truthfulness, and good reputation of the applicant for the
license, or of the officers of a corporation making the application;
(b) The applicant's form and place of
organization including if the applicant is a corporation, proof that the
corporation is licensed to do business in this state;
(c) The qualification and business history of
the applicant and any partner, officer, or director;
(d) The applicant's financial condition or
history including a bank reference and whether the applicant or any partner,
officer, or director has ever been adjudged bankrupt or has any unsatisfied
judgment in any federal or state court;
(e) Whether the applicant has been adjudged
guilty of a crime which directly relates to the business for which the license
is sought and the time elapsed since the conviction is less than ten years, or
has suffered any judgment within the preceding five years in any civil action
involving fraud, misrepresentation, or conversion and in the case of a
corporation or partnership, all directors, officers, or partners;
(f) A business telephone with a listing in the
local directory;
(g) The name or names of new vehicles the
vehicle dealer wishes to sell;
(h) The names and addresses of each
manufacturer from whom the applicant has received a franchise;
(i) ((Whether the applicant intends to sell
used vehicles, and if so, whether he has space available for servicing and
repairs;
(j))) A
certificate by a representative of the department, that the applicant's
principal place of business and each subagency business location in the state
of Washington meets the location requirements as required by this chapter. The
certificate shall include proof of the applicant's ownership or lease of the
real property where the applicant's principal place of business is established;
(((k))) (j) A copy of a current
service agreement with a manufacturer, or distributor for a foreign
manufacturer, requiring the applicant, upon demand of any customer receiving a
new vehicle warranty to perform or arrange for, within a reasonable distance of
his established place of business, the service repair and replacement work
required of the manufacturer or distributor by such vehicle warranty. This
requirement applies only to applicants seeking to sell, to exchange, to offer,
to auction, to solicit, or to advertise new or current-model vehicles with
factory or distributor warranties;
(((l))) (k) The class of vehicles
the vehicle dealer will be buying, selling, listing, exchanging, offering,
brokering, leasing with an option to purchase, auctioning, soliciting, or
advertising, and which classification or classifications the dealer wishes to
be designated as;
(((m))) (l) Any other information
the department may reasonably require.
(2) If the applicant is a manufacturer the
application shall contain the following information to the extent it is
applicable to the applicant:
(a) The name and address of the principal place
of business of the applicant and, if different, the name and address of the
Washington state representative of the applicant;
(b) The name or names under which the applicant
will do business in the state of Washington;
(c) Evidence that the applicant is authorized
to do business in the state of Washington;
(d) The name or names of the vehicles that the
licensee manufactures;
(e) The name or names and address or addresses
of each and every distributor, factory branch, and factory representative;
(f) The name or names and address or addresses
of resident employees or agents to provide service or repairs to vehicles
located in the state of Washington only under the terms of any warranty
attached to new or unused vehicles manufactured, unless such manufacturer
requires warranty service to be performed by all of its dealers pursuant to a
current service agreement on file with the department;
(g) Any other information the department may
reasonably require.
Sec. 7.
RCW 46.70.051 and 1989 c 301 s 3 are each amended to read as follows:
(1) After the application has been filed, the
fee paid, and bond posted, if required the department shall, if no denial order
is in effect and no proceeding is pending under RCW ((46.70.180 or 46.70.200))
46.70.101, issue the appropriate license, which license, in the case of
a vehicle dealer, shall designate the classification of the dealer. Nothing
prohibits a vehicle dealer from obtaining licenses for more than one
classification, and nothing prevents any vehicle dealer from dealing in other
classes of vehicles on an isolated basis.
(2) An auction company licensed under chapter
18.11 RCW may sell at auction all classifications of vehicles under a motor
vehicle dealer's license issued under this chapter including motor vehicles,
miscellaneous type vehicles, and mobile homes and travel trailers.
Sec. 8.
RCW 46.70.083 and 1991 c 140 s 2 are each amended to read as follows:
The license of a vehicle dealer or a vehicle
manufacturer expires on the date that is twelve consecutive months from the
date of issuance. The license may be renewed by filing with the department
prior to the expiration of the license, a renewal application containing such
information as the department may require to indicate the number of vehicle
sales transacted during the past year, and any material change in the
information contained in the original application. Failure by the dealer to
comply is grounds for denial of the renewal application or dealer license plate
renewal.
The dealer's established place of business
shall be certified by a representative of the department at least once every ((thirty-two))
thirty-six months, or more frequently as determined necessary by the
department. The certification will verify compliance with the requirements of
this chapter for an established place of business. Failure by the dealer to
comply at any time is grounds for license suspension or revocation, denial of
the renewal application, or monetary assessment.
Sec. 9.
RCW 46.70.140 and 1973 1st ex.s. c 132 s 17 are each amended to read as
follows:
Any vehicle dealer who ((shall))
knowingly or with reason to know, buys or receives, sells
or disposes of, conceals or ((have in his)) has in the
dealer's possession, any vehicle from which the motor or serial number has
been removed, defaced, covered, altered, or destroyed, or any dealer, who ((shall))
removes from or installs in any motor vehicle registered with
the department by motor block number, a new or used motor block without
immediately notifying the department of such fact upon a form provided by the
department, or any vehicle dealer who ((shall)) loans or permits
the use of vehicle dealer license plates by any person not entitled to the use
thereof, ((shall be)) is guilty of a gross misdemeanor.
Sec. 10.
RCW 46.70.290 and 1971 ex.s. c 231 s 23 are each amended to read as follows:
The provisions of chapter 46.70 RCW shall apply
to the distribution and sale of mobile homes and to mobile home dealers, ((salesmen,))
distributors, manufacturers, factory representatives, or other persons engaged
in such distribution and sale to the same extent as for motor vehicles.
Sec. 11.
RCW 46.70.300 and 1981 c 152 s 2 are each amended to read as follows:
(1) The provisions of this chapter relating to
the licensing and regulation of vehicle dealers((, salesmen,)) and manufacturers
shall be exclusive, and no county, city, or other political subdivision
of this state shall enact any laws, rules, or regulations licensing or
regulating vehicle dealers((, salesmen,)) or manufacturers.
(2) This section shall not be construed to
prevent a political subdivision of this state from levying a business and
occupation tax upon vehicle dealers or manufacturers maintaining an office
within that political subdivision if a business and occupation tax is levied by
such a political subdivision upon other types of businesses within its
boundaries.
Sec. 12.
RCW 46.87.020 and 1991 c 163 s 4 are each amended to read as follows:
Terms used in this chapter have the meaning
given to them in the International Registration Plan (IRP), the Uniform Vehicle
Registration, Proration, and Reciprocity Agreement (Western Compact), chapter
46.04 RCW, or as otherwise defined in this section. Definitions given to terms
by the IRP and the Western Compact, as applicable, shall prevail unless given a
different meaning in this chapter or in rules adopted under authority of this
chapter.
(1) "Apportionable vehicle" has the
meaning given by the IRP, except that it does not include vehicles with a
declared gross weight of twelve thousand pounds or less. Apportionable
vehicles include trucks, tractors, truck tractors, road tractors, and buses,
each as separate and licensable vehicles. For IRP jurisdictions that require
the registration of nonmotor vehicles, this term may include trailers,
semitrailers, and pole trailers as applicable, each as separate and licensable
vehicles.
(2) "Cab card" is a certificate of
registration issued for a vehicle by the registering jurisdiction under the
Western Compact. Under the IRP, it is a certificate of registration issued by
the base jurisdiction for a vehicle upon which is disclosed the jurisdictions
and registered gross weights in such jurisdictions for which the vehicle is
registered.
(3) "Commercial vehicle" is a term
used by the Western Compact and means any vehicle, except recreational
vehicles, vehicles displaying restricted plates, and government owned or leased
vehicles, that is operated and registered in more than one jurisdiction and is
used or maintained for the transportation of persons for hire, compensation, or
profit, or is designed, used, or maintained primarily for the transportation of
property and:
(a) Is a motor vehicle having a declared gross
weight in excess of twenty-six thousand pounds; or
(b) Is a motor vehicle having three or more
axles with a declared gross weight in excess of twelve thousand pounds; or
(c) Is a motor vehicle, trailer, pole trailer,
or semitrailer used in combination when the gross weight or declared gross
weight of the combination exceeds twenty-six thousand pounds combined gross
weight. The nonmotor vehicles mentioned are only applicable to those
jurisdictions requiring the registration of such vehicles.
Although a two-axle motor vehicle, trailer,
pole trailer, semitrailer, or any combination of such vehicles with an actual
or declared gross weight or declared combined gross weight exceeding twelve
thousand pounds but not more than twenty-six thousand is not considered to be a
commercial vehicle, at the option of the owner, such vehicles may be considered
as "commercial vehicles" for the purpose of proportional
registration. The nonmotor vehicles mentioned are only applicable to those
jurisdictions requiring the registration of such vehicles.
Commercial vehicles include trucks, tractors,
truck tractors, road tractors, and buses. Trailers, pole trailers, and
semitrailers, will also be considered as commercial vehicles for those
jurisdictions who require registration of such vehicles.
(4) "Credentials" means cab cards,
apportioned plates (for Washington-based fleets), and validation tabs issued
for proportionally registered vehicles.
(5) "Declared combined gross weight"
means the total unladen weight of any combination of vehicles plus the weight
of the maximum load to be carried on the combination of vehicles as set by the
registrant in the application pursuant to chapter 46.44 RCW and for which
registration fees have been or are to be paid.
(6) "Declared gross weight" means the
total unladen weight of any vehicle plus the weight of the maximum load to be
carried on the vehicle as set by the registrant in the application pursuant to
chapter 46.44 RCW and for which registration fees have been or are to be paid.
In the case of a bus, auto stage, or a passenger-carrying for hire vehicle with
a seating capacity of more than six, the declared gross weight shall be
determined by multiplying the average load factor of one hundred and fifty
pounds by the number of seats in the vehicle, including the driver's seat, and
add this amount to the unladen weight of the vehicle. If the resultant gross
weight is not listed in RCW 46.16.070, it will be increased to the next higher
gross weight so listed pursuant to chapter 46.44 RCW.
(7) "Department" means the department
of licensing.
(8) "Fleet" means one or more
commercial vehicles in the Western Compact and one or more apportionable
vehicles in the IRP.
(9) "In-jurisdiction miles" means the
total miles accumulated in a jurisdiction during the preceding year by vehicles
of the fleet while they were a part of the fleet.
(10) "IRP" means the International
Registration Plan.
(11) "Jurisdiction" means and
includes a state, territory or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, a foreign ((county [country]))
country, and a state or province of a foreign country.
(12) "Owner" means a person or
business firm who holds the legal title to a vehicle, or if a vehicle is the
subject of an agreement for its conditional sale with the right of purchase
upon performance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee, or if a vehicle
is subject to a lease, contract, or other legal arrangement vesting right of
possession or control, for security or otherwise, or if a mortgagor of a
vehicle is entitled to possession, then the owner is deemed to be the person or
business firm in whom is vested right of possession or control.
(13) "Preceding year" means the
period of twelve consecutive months ((immediately prior to July 1st of the
year immediately preceding the commencement of)) ending three months
before the registration or license year for which proportional registration
is sought.
(14) "Properly registered," as
applied to the place of registration under the provisions of the Western
Compact, means:
(a) In the case of a commercial vehicle, the
jurisdiction in which it is registered if the commercial enterprise in which
the vehicle is used has a place of business therein, and, if the vehicle is
most frequently dispatched, garaged, serviced, maintained, operated, or
otherwise controlled in or from that place of business, and the vehicle has
been assigned to that place of business; or
(b) In the case of a commercial vehicle, the
jurisdiction where, because of an agreement or arrangement between two or more
jurisdictions, or pursuant to a declaration, the vehicle has been registered as
required by that jurisdiction.
In case of doubt or dispute as to the proper
place of registration of a commercial vehicle, the department shall make the
final determination, but in making such determination, may confer with
departments of the other jurisdictions affected.
(15) "Prorate percentage" is the
factor that is applied to the total proratable fees and taxes to determine the
apportionable or prorate fees required for registration in a particular
jurisdiction. It is determined by dividing the in-jurisdiction miles for a
particular jurisdiction by the total miles. This term is synonymous with the
term "mileage percentage."
(16) "Registrant" means a person,
business firm, or corporation in whose name or names a vehicle or fleet of
vehicles is registered.
(17) "Registration year" means the
twelve-month period during which the registration plates issued by the base
jurisdiction are valid according to the laws of the base jurisdiction. ((The
"registration year" for Washington is the period from January 1st
through December 31st of each calendar year.))
(18) "Total miles" means the total
number of miles accumulated in all jurisdictions during the preceding year by
all vehicles of the fleet while they were a part of the fleet. Mileage
accumulated by vehicles of the fleet that did not engage in interstate
operations is not included in the fleet miles.
(19) "Western Compact" means the
Uniform Vehicle Registration, Proration, and Reciprocity Agreement.
Sec. 13.
RCW 46.87.030 and 1987 c 244 s 18 are each amended to read as follows:
(1) When application to register an
apportionable or commercial vehicle is made after ((March 31st of a)) the
third month of the owner's registration year, the Washington prorated fees
may be reduced by one-twelfth for each full registration month that has elapsed
at the time a temporary authorization permit (TAP) was issued or if no TAP was
issued, at such time as an application for registration is received in the
department. ((The filing of any application with the department incurs
liability for the fees and taxes applicable to the vehicles contained in the
application.)) If a vehicle is being added to a currently registered
fleet, the prorate percentage previously established for the fleet for such
registration year shall be used in the computation of the proportional fees and
taxes due.
(2) If any vehicle is withdrawn from a
proportionally registered fleet during the period for which it is registered
under this chapter, the registrant of the fleet shall notify the department on
appropriate forms prescribed by the department. The department may require the
registrant to surrender credentials that were issued to the vehicle. If a
motor vehicle is permanently withdrawn from a proportionally registered fleet
because it has been destroyed, sold, or otherwise completely removed from the
service of the fleet registrant, the unused portion of the licensing fee paid
under RCW 46.16.070 with respect to the vehicle reduced by one-twelfth for each
calendar month and fraction thereof elapsing between the first day of the month
of the current registration year in which the vehicle was registered and the
date the notice of withdrawal, accompanied by such credentials as may be
required, is received in the department, shall be credited to the fleet
proportional registration account of the registrant. Credit shall be applied
against the licensing fee liability for subsequent additions of motor vehicles
to be proportionally registered in the fleet during such registration year or
for additional licensing fees due under RCW 46.16.070 or to be due upon audit
under RCW 46.87.310. If any credit is less than fifteen dollars, no credit
will be entered. In lieu of credit, the registrant may choose to transfer the
unused portion of the licensing fee for the motor vehicle to the new owner, in
which case it shall remain with the motor vehicle for which it was originally
paid. In no event may any amount be credited against fees other than those for
the registration year from which the credit was obtained nor is any amount
subject to refund.
Sec. 14.
RCW 46.87.080 and 1987 c 244 s 23 are each amended to read as follows:
(1) Upon making satisfactory application and
payment of applicable fees and taxes for proportional registration under this
chapter, the department shall issue a cab card and validation tab for each vehicle,
and to vehicles of Washington-based fleets, two distinctive apportionable
license plates for each motor vehicle and one such plate for each trailer,
semitrailer, pole trailer, or converter gear listed on the application.
License plates shall be displayed on vehicles as required by RCW 46.16.240.
The number and plate shall be of a design, size, and color determined by the
department. The plates shall be treated with reflectorized material and
clearly marked with the words "WASHINGTON" and "APPORTIONED,"
both words to appear in full and without abbreviation.
(2) The cab card serves as the certificate of
registration for a proportionally registered vehicle. The face of the cab card
shall contain the name and address of the registrant as contained in the
records of the department, the license plate number assigned to the vehicle by
the base jurisdiction, the vehicle identification number, and such other
description of the vehicle and data as the department may require. The cab
card shall be signed by the registrant, or a designated person if the
registrant is a business firm, and shall at all times be carried in or on the
vehicle to which it was issued. In the case of nonpowered vehicles, the cab
card may be carried in or on the vehicle supplying the motive power instead of
in or on the nonpowered vehicle.
(3) The apportioned license plates are not
transferrable from vehicle to vehicle unless otherwise determined by rule
and shall be used only on the vehicle to which they are assigned by the
department for as long as they are legible or until such time as the department
requires them to be removed and returned to the department.
(4) ((A)) Distinctive validation
tab(s) of a design, size, and color determined by the department shall
be affixed to the apportioned license plate(s) as prescribed by the
department to indicate the month, if necessary, and year for which the
vehicle is registered. Foreign-based vehicles proportionally registered in
this state under the provisions of the Western Compact shall display the
validation tab on a backing plate or as otherwise prescribed by the department.
(5) Renewals shall be effected by the issuance
and display of such tab(s) after making satisfactory application and
payment of applicable fees and taxes.
(6) Fleet vehicles so registered and identified
shall be deemed to be fully licensed and registered in this state for any type
of movement or operation. However, in those instances in which a grant of
authority is required for interstate or intrastate movement or operation, no
such vehicle may be operated in interstate or intrastate commerce in this state
unless the owner has been granted interstate operating authority by the interstate
commerce commission in the case of interstate operations or intrastate
operating authority by the Washington utility and transportation commission in
the case of intrastate operations and unless the vehicle is being operated in
conformity with that authority.
(7) The department may issue temporary
authorization permits (TAPs) to qualifying operators for the operation of
vehicles pending issuance of license identification. A fee of one dollar plus
a one dollar filing fee shall be collected for each permit issued. The permit
fee shall be deposited in the motor vehicle fund, and the filing fee shall be
deposited in the highway safety fund. The department may adopt rules for use
and issuance of the permits.
(8) The department may refuse to issue any license
or permit authorized by subsection (1) or (7) of this section to any person:
(a) Who formerly held any type of license or permit issued by the department
pursuant to chapter 46.16, 46.85, 46.87, 82.36, 82.37, or 82.38 RCW that has
been revoked for cause, which cause has not been removed; or (b) who is a
subterfuge for the real party in interest whose license or permit issued by the
department pursuant to chapter 46.16, 46.85, 46.87, 82.36, 82.37, or 82.38 RCW
and has been revoked for cause, which cause has not been removed; or (c) who,
as an individual licensee, or officer, director, owner, or managing employee of
a nonindividual licensee, has had a license or permit issued by the department
pursuant to chapter 46.16, 46.85, 46.87, 82.36, 82.37, or 82.38 RCW which has
been revoked for cause, which cause has not been removed; or (d) who has an
unsatisfied debt to the state assessed under either chapter 46.16, 46.85,
46.87, 82.36, 82.37, 82.38, or 82.44 RCW.
(9) The department may revoke the license or
permit authorized by subsection (1) or (7) of this section issued to any person
for any of the grounds constituting cause for denial of licenses or permits set
forth in subsection (8) of this section.
(10) Before such refusal or revocation under
subsection (8) or (9) of this section, the department shall grant the applicant
a hearing and at least ten days written notice of the time and place of the
hearing.
Sec. 15.
RCW 46.87.310 and 1987 c 244 s 44 are each amended to read as follows:
Any owner whose application for proportional
registration has been accepted shall preserve the records on which the
application is based for a period of four years following the preceding year or
period upon which the application is based. These records shall be complete
and shall include, but not be limited to, the following: Copies of
proportional registration applications and supplements for all jurisdictions in
which the fleet is prorated; proof of proportional or full registration with other
jurisdictions; vehicle license or trip permits; temporary authorization
permits; documents establishing the latest purchase year and cost of each fleet
vehicle in ready-for-the-road condition; weight certificates indicating the
unladen, ready-for-the-road, weight of each vehicle in the fleet; periodic
summaries of mileage by fleet and by individual vehicles; individual trip
reports, driver's daily logs, or other source documents maintained for each
individual trip that provide trip dates, points of origin and destinations,
total miles traveled, miles traveled in each jurisdiction, routes traveled,
vehicle equipment number, driver's full name, and all other information
pertinent to each trip. Upon request of the department, the owner shall make
the records available to the department at its designated office for audit as
to accuracy of records, computations, and payments. The department shall
assess and collect any unpaid fees and taxes found to be due the state and
provide credits or refunds for overpayments of Washington fees and taxes as
determined in accordance with formulas and other requirements prescribed in
this chapter. If the owner fails to maintain complete records as required by
this section, the department shall attempt to reconstruct or reestablish such
records. However, if the department is unable to do so and the missing or
incomplete records involve mileages accrued by vehicles while they are part of
the fleet, the department may assess an amount not to exceed the difference
between the Washington proportional fees and taxes paid and one hundred percent
of the fees and taxes. Further, if the owner fails to maintain complete
records as required by this section, or if the department determines that the
owner should have registered more vehicles in this state under this chapter,
the department may deny the owner the right of any further benefits provided by
this chapter until any final audit or assessment made under this chapter has
been satisfied.
The department may audit the records of any
owner and may make arrangements with agencies of other jurisdictions
administering motor vehicle registration laws for joint audits of any such
owner. No assessment for deficiency or claim for credit may be made for any
period for which records are no longer required. Any fees, taxes, penalties,
or interest found to be due and owing the state upon audit shall bear interest
at ((twelve percent per annum from the date on which the deficiency is
incurred)) the rate of one percent per month, or fraction thereof, from
the first day of the calendar month after the amount should have been paid
until the date of payment. If the audit discloses a deliberate and willful
intent to evade the requirements of payment under RCW 46.87.140, a penalty of
ten percent shall also be assessed.
If the audit discloses that an overpayment to
the state in excess of five dollars has been made, the department shall certify
the overpayment to the state treasurer who shall issue a warrant for the
overpayment to the vehicle operator. Overpayments shall bear interest at the
rate of eight percent per annum from the date on which the overpayment is
incurred until the date of payment.
Sec. 16.
RCW 46.87.340 and 1987 c 244 s 47 are each amended to read as follows:
If an owner of proportionally registered
vehicles liable for the remittance of fees and taxes imposed by this chapter ((for
which an assessment has become final)) fails to pay the fees and taxes, the
amount thereof, including any interest, penalty, or addition to the fees and
taxes together with any additional costs that may accrue, constitutes a lien in
favor of the state upon all franchises, property, and rights to property,
whether the property is employed by the person for personal or business use or
is in the hands of a trustee, receiver, or assignee for the benefit of
creditors, from the date the fees and taxes were due and payable until the
amount of the lien is paid or the property is sold to pay the lien. The lien
has priority over any lien or encumbrance whatsoever, except the lien of other
state taxes having priority by law, and except that the lien is not valid as
against any bona fide mortgagee, pledgee, judgment creditor, or purchaser whose
rights have attached before the time the department has filed and recorded
notice of the lien as provided in this chapter.
In order to avail itself of the lien created by
this section, the department shall file with any county auditor a statement of
claim and lien specifying the amount of delinquent fees and taxes, penalties,
and interest claimed by the department. From the time of filing for record,
the amount required to be paid constitutes a lien upon all franchises,
property, and rights to property, whether real or personal, then belonging to or
thereafter acquired by the person in the county. Any lien as provided in this
section may also be filed in the office of the secretary of state. Filing in
the office of the secretary of state is of no effect, however, until the lien
or a copy of it has been filed with the county auditor in the county where the
property is located. When a lien is filed in compliance with this section and
with the secretary of state, the filing has the same effect as if the lien had
been duly filed for record in the office of each county auditor of this state.
NEW SECTION. Sec. 17. A
new section is added to chapter 46.87 RCW to read as follows:
The department may extend or diminish vehicle
license registration periods for the purpose of staggering renewal periods.
The extension or diminishment of a vehicle license registration period must be
by rule of the department. The rule shall provide for the collection of
proportionally increased or decreased vehicle license registration fees and of
excise or other taxes required to be paid at the time of registration.
It is the intent of the legislature that there
shall be neither a significant net gain nor loss of revenue to the state
general fund or the motor vehicle fund as the result of implementing and
maintaining a staggered vehicle registration system.
NEW SECTION. Sec. 18. RCW
46.12.120 and 46.12.140 are each recodified as sections in chapter 46.70 RCW.
NEW SECTION. Sec. 19. The
following acts or parts of acts are each repealed:
(1) RCW
46.70.150 and 1961 c 12 s 46.70.150; and
(2) RCW
46.87.160 and 1987 c 244 s 29.
