PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 08-24-064.
Title of Rule and Other Identifying Information: WAC 308-56A-420 Delivery of vehicle on dealer temporary permit.
Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on July 14, 2009, at 10:00 a.m.
Date of Intended Adoption: July 24, 2009.
Submit Written Comments to: Dale R. Brown, P.O. Box 2957, Mailstop 48205, 1125 Washington Street S.E., Olympia, WA 98507-2957, e-mail dbrown@dol.wa.gov, fax (360) 902-7821 or 902-7822.
Assistance for Persons with Disabilities: Contact Dale R. Brown by July 13, 2009, TTY (360) 664-8885.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is required to comply with SHB 3029 that was passed by the legislature in 2008.
Reasons Supporting Proposal: To allow dealers to deliver a vehicle by obtaining an electronic copy of a dealer permit.
Statutory Authority for Adoption: RCW 46.01.110.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: None.
Name of Agency Personnel Responsible for Drafting: Dale R. Brown, 1125 Washington Street S.E., Olympia, WA, (360) 902-4020; Implementation and Enforcement: Jennifer Dana, 1125 Washington Street S.E., Olympia, WA, (360) 902-3673.
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 the industry.
A cost-benefit analysis is not required under RCW 34.05.328. The contents of the proposed rules are explicitly and specifically dictated by statute.
May 21, 2009
Mykel D. Gable
Assistant Director
Driver and Vehicle Services
OTS-2282.2
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 unavailability" and an electronic permit cannot be issued. |
(3) The dealer ((shall)) must 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 date of expiration is forty-five calendar days from the date the vehicle is physically delivered to the purchaser/lessee.
(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 the selling or
leasing dealer must make)) of 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)) behind
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 be issued:
(a) ((Be issued)) For a dealer inventoried vehicle 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)) the fifteen dollar permit fee paid, 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.]