WSR 97-01-030

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed December 10, 1996, 2:11 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-10-023.

Title of Rule: Chapter 308-56A WAC, Certificates of title--Motor vehicles, etc. and chapter 308-96A WAC, Vehicle licenses.

Purpose: Implementation of chapter 225, Laws of 1996 (SSB 5250). Administrative amendments to update and clarify existing rules.

Other Identifying Information: Sections 6 through 11, chapter 225, Laws of 1996.

Statutory Authority for Adoption: RCW 46.01.110.

Statute Being Implemented: RCW 46.12.420, [46.12].430, [46.12].440, [46.12].450, 46.16.307, and [46.16.]380.

Summary: The proposed rule making will provide instructions for licensure of newly identified classes of vehicles; collector vehicle, parts cars, street rod vehicles, and kit vehicles. Administrative changes are proposed to clarify existing rules.

Reasons Supporting Proposal: The rule making is proposed to implement chapter 225, Laws of 1996 (SSB 5250).

Name of Agency Personnel Responsible for Drafting: Marlene Epp, 1125 Washington Street S.E., Olympia, WA, (360) 902-3823; Implementation: Debra McCurley, 1125 Washington Street S.E., Olympia, WA, (360) 902-4045; and Enforcement: Nancy Kelly, 1125 Washington Street S.E., Olympia, WA, (360) 902-3754.

Name of Proponent: Department of Licensing, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: No new sections are being proposed.

Proposal Changes the Following Existing Rules: WAC 308-56A-150, establishes Washington State Patrol inspection validity dates for new use class vehicles and makes administrative changes; WAC 308-56A-160, establishes model year for new use class vehicles and makes administrative changes; WAC 308-56A-470, authorizes title brand for street rod vehicles and makes administrative changes; WAC 308-96A-073, makes administrative changes for clarity; WAC 308-96A-074, makes administrative changes for clarity; and WAC 308-96A-075, repealed. This criteria is established in RCW 46.16.307.

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. The proposed rule making does not impose more than a minor cost on businesses in an industry.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The content of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 303, 1125 Washington Street S.E., Olympia, WA, on January 28, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jack Lince by January 27, 1997, TDD (360) 664-8885.

Submit Written Comments to: Jack L. Lince, Contracts Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, FAX (360) 664-0831, by January 27, 1997.

Date of Intended Adoption: January 31, 1997.

December 9, 1996

Nancy Kelly, Administrator

Title and Registration Services

AMENDATORY SECTION (Amending WSR 91-04-024, filed 1/29/91, effective 3/1/91)

WAC 308-56A-150 Certificate of inspection. (1) An application for ((title)) certificate of ownership must be accompanied by a certificate of inspection signed by an authorized inspector and must include the applicable statutory inspection fee whenever the applicant's vehicle is:

(a) From a state, jurisdiction or province other than Washington;

(b) ((One that has been)) Reported destroyed since the last certificate of ownership was issued;

(c) A homemade, assembled, or rebuilt vehicle not previously titled as such;

(d) One whose identification number has been removed, defaced, altered, destroyed, or has become illegible or is missing;

(e) One with a structural change in, or modification of, body or frame changing the class designation or body type currently shown on the record; ((or))

(f) A used vehicle and no Washington record can be found;

(g) A kit vehicle not previously titled as such; or

(h) A street rod not previously titled as such.

(2) No fee will be charged when a vehicle has been referred for inspection for any other reason; provided that the request for inspection shall have been made by a commissioned law enforcement officer, an employee of the department of licensing, or a vehicle license agent.

(3) Inspections will normally be accomplished by the Washington state patrol.

(4) The director may((, at his discretion,)) designate other competent inspecting agencies to perform ((the)) inspections required under ((items)) subsection (1)(a) ((and (b) above)) of this section if the vehicle is located in a foreign state or province and the requirement for inspection by the Washington state patrol will cause undue hardship.

(5) When the inspection is done by the Washington state patrol, the certificate of inspection will be valid for the following periods of time after the inspection date:

(a) Vehicles from a state or province other than Washington: Sixty days;

(b) ((One that has been)) Vehicles reported destroyed: Ten days;

(c) ((A)) Homemade, assembled, ((or)) rebuilt vehicles, street rods, and kit vehicles: Ten days;

(d) ((One whose)) Vehicles with identification number ((has been)) removed, defaced, altered, destroyed, ((or has become)) illegible or ((is)) missing: Ten days;

(e) ((One)) Vehicles with ((a)) structural change in, or modification of, body or frame changing the class designation or body type: Ten days;

(f) ((A)) Used vehicles ((and)) with no Washington record ((can be found)): Sixty days;

(g) ((A)) Vehicles required ((inspection)) to be inspected under subsection (1)(a) through (((1)(f) above)) (h) of this section and held for sale by a licensed dealer: One year; and

(h) ((One that has been)) Vehicles referred for inspection for any reason not listed above: Ten days.

[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 91-04-024, 308-56A-150, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.110. 85-06-011 (Order TL/RG 11), 308-56A-150, filed 2/22/85; Order MV 208, 308-56A-150, filed 7/31/74.]

AMENDATORY SECTION (Amending WSR 94-17-044, filed 8/10/94, effective 9/10/94)

WAC 308-56A-160 Model year--How determined. Model year is the year used to designate a discrete vehicle model irrespective of the calendar year in which the vehicle was actually produced so long as the actual production period is less than two years.

(1) The model year for a vehicle, including kit vehicles defined in RCW 46.04.251, is the model year assigned by the manufacturer. The manufacturer shall adopt a standard for assigning model year based on either the date of manufacture or features of the vehicle. The standard must be such that all vehicles assigned a model year which are manufactured on the same date with the same features are assigned the same model year. The model year shall be designated on the manufacturer's certificate of origin (MCO) or similar documents provided by the ((completed)) completing vehicle manufacturer. The model year of a kit vehicle shall not be the model year of the vehicle the kit replicates.

(2) Manufacturers of chassis or incomplete vehicles sold to motor home or recreational vehicle manufacturers who issue separate MCOs need not assign model year to these vehicles. The final stage manufacturer of these vehicles shall assign the model years as provided in subsection (1) of this section. In the event a model year is assigned by both the incomplete vehicle manufacturer and the ((final stage)) completing manufacturer, the ((final stage)) completing manufacturer assigned model year shall be used on the certificates of ownership and registration.

(3) In the event an original manufacturer has not assigned a model year or the vehicle is rebuilt, home made, street rod assembled, or is a kit vehicle, the Washington state patrol or other person authorized by the director to make vehicle inspections will use the following criteria to establish the model year:

(a) The model year for a homemade vehicle will be the year of inspection for the purpose of making an application for ((title)) certificate of ownership.

(b) When possible, the model year will be determined from the vehicle identification number (VIN). When the VIN does not identify the production date, corresponding production records of the original manufacturer shall be used.

(c) The model year for assembled vehicles((, kit vehicles, and replicas without an MCO)) will be determined by the Washington state patrol based on the date of manufacture of the vehicle which the ((assembled)) vehicle most closely resembles.

(4) For purposes of this section the following terms shall have the meanings indicated:

(a) "Manufacturer" means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused vehicles or remanufactures vehicles. Manufacture shall include the assembling, altering, or converting of a vehicle to the extent the vehicle qualifies for a change in the series and body type appearing on its title, MCO or similar document.

(b) "Incomplete vehicle" means an assemblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operation, other than the additions of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

(c) "Model" means a name which a manufacturer applies to a family of vehicles of the same type, make, line, series, and body type.

(d) "Assembled and homemade vehicles" have the meaning provided in WAC 308-56A-455.

[Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. 94-17-044, 308-56A-160, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110. 93-14-084, 308-56A-160, filed 6/30/93, effective 7/31/93.]

AMENDATORY SECTION (Amending WSR 92-03-077, filed 1/14/92, effective 2/14/92)

WAC 308-56A-470 Issuance of certificates--Contents. Both the certificate of ownership and the certificate of license registration shall contain upon the face thereof, in addition to all other vehicle and owner identification, a description of any facts or brands pertaining to previous license or operations of the vehicle. Facts pertaining to the vehicle may include but are not limited to:

(1) The vehicle having been rebuilt;

(2) Brands or special certificates previously issued by ((previous)) other states or jurisdictions;

(3) Previous use of the vehicle such as: A taxicab or for hire vehicle with six seats or less; ((or))

(4) The vehicle being previously owned and operated by a government agency; or

(5) The vehicle is a street rod vehicle.

[Statutory Authority: RCW 46.01.110, 46.12.151 and 46.12.050. 92-03-077, 308-56A-470, filed 1/14/92, effective 2/14/92.]

AMENDATORY SECTION (Amending WSR 91-04-025, filed 1/29/91, effective 3/1/91)

WAC 308-96A-073 Vehicles over forty years old--Horseless carriage plates. (1) Any motor vehicle which is at least forty years old ((or older,)) and is owned and operated primarily as a collector(('s item)) vehicle shall, upon application and acceptance by the department, be issued one special horseless carriage commemorative license plate in lieu of a regular license plate. Any vehicle to be so licensed must be capable of being operated upon the highway.

(2) In addition to paying all other license fees required by law, each applicant for a horseless carriage commemorative license plate shall pay an additional license fee of thirty-five dollars.

(3) The special license plate shall be issued for the life of the vehicle and shall be transferred with the vehicle. The single plate shall be displayed on the rear of the vehicle.

(4) Horseless carriage commemorative license plates shall be assigned a separate ((numerical)) "horseless carriage" series ((commencing with "HORSELESS CARRIAGE 1.")).

[Statutory Authority: RCW 46.01.110 and 46.12.070 [46.16.335]. 91-04-025, 308-96A-073, filed 1/29/91, effective 3/1/91.]

AMENDATORY SECTION (Amending WSR 91-04-025, filed 1/29/91, effective 3/1/91)

WAC 308-96A-074 Vehicles over thirty years old--Collector vehicle license plates. (1) Any motor vehicle which is at least thirty years old ((or older,)) and is owned and operated primarily as a collector(('s item)) vehicle shall, upon application and acceptance by the department, be issued one special collector vehicle license plate in lieu of a regular license plate. Any vehicle so licensed must be capable of being operated upon the highway.

(2) In lieu of a collector vehicle license plate the applicant may be authorized to display a Washington state issued vehicle license plate designated for use in the year of the vehicle's manufacture.

(3) In addition to paying all other license fees required by law, each applicant for a collector vehicle license plate shall pay an additional license fee of thirty-five dollars.

(4) Collector vehicle license plates are valid for the life of the vehicle and shall be transferred with the vehicle. The license plate shall be displayed on the rear of the vehicle.

(5) Collector vehicle license plates shall be assigned a separate ((numerical)) "collector vehicle" series ((commencing with "Collector Vehicle 0001.")).

[Statutory Authority: RCW 46.01.110 and 46.12.070 [46.16.335]. 91-04-025, 308-96A-074, filed 1/29/91, effective 3/1/91.]

REPEALER

The following section of the Washington Administrative Code is repealed: