EMERGENCY RULES
Effective Date of Rule: Immediately.
Purpose: Rule making is required to comply with SHB 3029 that was passed by the legislature in 2008.
Citation of Existing Rules Affected by this Order: Amending WAC 308-56A-420.
Statutory Authority for Adoption: RCW 46.01.110.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Comply with the law.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: May 15, 2009.
Mykel D. Gable
Assistant Director
Driver and Vehicle Services
OTS-2282.1
AMENDATORY SECTION(Amending WSR 05-14-092, filed 6/30/05,
effective 7/31/05)
WAC 308-56A-420
Delivery of vehicle on dealer temporary
permit.
How do I deliver a vehicle ((on)) using a dealer
temporary permit?
(1) A vehicle dealer properly licensed pursuant to
chapter 46.70 RCW may deliver a vehicle not currently
registered or that does not bear valid Washington state
license plates or tabs by utilizing ((a)) an electronic dealer
temporary permit or a hard copy dealer temporary ((license))
permit.
| Note: | Effective July 1, 2011, an electronic dealer permit (e-permit) will replace a hard copy dealer permit. A hard copy dealer temporary permit will only be issued after July 1, 2011, in the instance of "system issues" and an electronic permit cannot be issued. |
(3) The dealer shall collect all fees required for titling and registration of a vehicle.
(4)(a) For e-permit, the permit printed by the system must display the expiration date and e-permit number. The expiration date is forty-five days from the date of delivery of the vehicle.
(b) For hard copy permits, the dealer ((shall)) must
detach the hard copy of the dealer permit and ((shall)) must
record the date of expiration in dark, bold letters and
numbers on the permit side of that copy. Date of expiration
((will be)) is forty-five calendar days ((after)) from the
date ((on which)) the vehicle is physically delivered to the
((customer/))purchaser/lessee.
(5) The application copies ((shall)) must be used by the
dealer to apply for title and to complete licensing of the
vehicle. Except as provided in RCW 46.70.180(8), when a
second temporary permit is authorized; the selling dealer must
submit the application and all title/licensing fees to the
department of licensing or an authorized licensing agent
within forty-five calendar days from the date ((on which)) the
vehicle is physically delivered to the
((customer/))purchaser/lessee. The date ((on which)) that the
selling or leasing dealer physically delivers the vehicle to
the ((customer/))purchaser/lessee ((shall commence)) will
start the forty-five day interval ((in which)) that the
selling or leasing dealer must make an application for a
certificate of title in the purchaser's or lessee's name. Additionally, the director may excuse late applications only
in situations where applications are delayed, for reasons
beyond the control of the dealer.
(6) The electronic or hard copy ((of the)) dealer
temporary permit, temporary vehicle registration, and a
purchase order identifying the vehicle and the date ((on
which)) that the vehicle was physically delivered to the
((customer/))purchaser/lessee must be carried in the vehicle
or the towing vehicle at all times the vehicle is operated on
the temporary permit.
(7) The electronic or hard copy ((of the)) dealer
temporary ((license)) permit ((shall)) must be displayed on
the inside of the rear window in the lower left corner, or
enclosed in a moisture proof protective case securely attached
in the rear license plate holder, with the expiration date
visible to one standing or following at the rear of the
vehicle.
(8) The electronic or hard copy dealer temporary
((license)) permit is valid for not more than forty-five
calendar days ((commencing)) starting with the date ((on
which)) that the vehicle is physically delivered to the
((customer/))purchaser/lessee.
(9) The electronic or hard copy dealer temporary
((license)) permit ((shall)) will not:
(a) Be issued for a dealer inventoried or a dealer or dealer-employee operated vehicle;
(b) Be issued as a demonstration permit;
(c) Be issued for a vehicle processed as a courtesy delivery.
(10) Fees paid for an electronic or hard copy dealer
temporary ((license)) permit application forms are not
refundable unless the dealer ceases doing business as a
vehicle dealer. A credit, in the amount of the permit
((form)) fee, will be provided when the permit is used by the
vehicle dealer to make application for a vehicle title.
(11) The dealer ((shall)) must maintain a record of each
dealer temporary permit ((form)) acquisition and distribution
including the following:
(a) Date and location of purchase of each permit and the permit number;
(b) Identification of vehicles delivered on temporary permits;
(c) Dates of vehicle sales, leases and deliveries.
[Statutory Authority: RCW 46.70.160. 05-14-092, § 308-56A-420, filed 6/30/05, effective 7/31/05. Statutory Authority: RCW 46.70.160 and 46.70.110. 99-02-049, § 308-56A-420, filed 1/5/99, effective 2/5/99. Statutory Authority: RCW 46.70.160 and 46.70.124. 94-21-055, § 308-56A-420, filed 10/13/94, effective 11/13/94. Statutory Authority: RCW 46.01.110. 93-14-084, § 308-56A-420, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.70.160. 90-10-013, § 308-56A-420, filed 4/20/90, effective 5/21/90; Order MV 208, § 308-56A-420, filed 7/31/74.]