WSR 98-04-072

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed February 3, 1998, 9:32 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-21-103.

Title of Rule: Chapter 308-94 WAC, Snowmobiles and off-road and nonhighway vehicles, WAC 308-94-030 through 308-94-110.

Purpose: (1) Clarify the requirement to register snowmobiles in a variety of situations; and (2) to meet criteria set forth in Governor Locke's Executive Order 97-02.

Statutory Authority for Adoption: RCW 46.01.110.

Summary: WAC 308-94-030 Application for registration, clarification, WAC 308-94-040 Snowmobile registration year, repeal, combine with another WAC section, WAC 308-94-050 Registration certificate, clarification, WAC 308-94-070 Display of snowmobile registration number, repeal, combine with another WAC section, WAC 308-94-080 Nonresident temporary snowmobile permit, clarification, WAC 308-94-090 Rented snowmobiles, repeal, WAC 308-94-100 Snowmobile dealer license, license plates, costs, rented snowmobiles, clarification, and WAC 308-94-110 Snowmobile dealer plates--Cost, repeal.

Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting: Patrick Zlateff, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation: Nancy Kelly, 1125 Washington Street S.E., Olympia, (360) 902-3754; and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, (360) 902-4045.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rules explain the registration procedures and costs for the operation of a snowmobile in Washington state. The purpose is to clarify, simplify and delete parts that are no longer needed. The anticipated effects are clear procedures that are written in a more readable and understandable form.

Proposal Changes the Following Existing Rules: Clarify sections as needed and repeal those no longer required.

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 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, Olympia, WA 98507, on March 16, 1998, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Pat Zlateff by March 13, 1998, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, FAX (360) 664-0831, by March 13, 1998.

Date of Intended Adoption: March 23, 1998.

February 3, 1998

Nancy S. Kelly, Administrator

Title and Registration Services

AMENDATORY SECTION (Amending WSR 96-04-004, filed 1/25/96, effective 2/25/96)

WAC 308-94-030 ((Application for registration.)) Snowmobile registration application--Registration year. ((An application for registration of a snowmobile shall include:

(1) Name and address, and department assigned customer account number upon request, of each registered and legal owner(s);

(2) Make and model year of snowmobile;

(3) Method of propulsion, including but not limited to skis, tracks, wheels or combination thereof;

(4) Purchase price and year of purchase or declared value and year of declaration;

(5) Proof of payment of sales tax or a bill of sale establishing the price paid for the vehicle;

(6) The previously issued registration certificate or a duplicate thereof, or a bill of sale if the application is for the transfer of a registered snowmobile. If the snowmobile has not been previously registered in this state, a bill of sale or a purchase agreement shall be provided;

(7) Vehicle identification number; and

(8) Appropriate fees.)) (1) An application for an original or transfer registration of a snowmobile shall include:

(a) The name and address, and department assigned customer account number upon request, of each registered owner(s); and

(b) The make, vehicle identification number, model year, and method of propulsion of the snowmobile; and

(c) The purchase price and year of purchase or declared value and year of declaration; and

(d) Proof of payment of sales tax, satisfactory proof that sales or use tax is not due as established by the department of revenue, or the payment of use tax; and

(e) A copy of any of the following:

(i) Previously issued registration certificate;

(ii) Certificate of ownership;

(iii) Manufacturer's certificate of origin;

(iv) A bill of sale;

(v) A purchase agreement; or

(vi) Other department approved documentation; and

(f) A notarized or certified release of interest from owner(s) of record or certificate of fact explaining how the snowmobile was acquired; and

(g) Appropriate fees.

(2) Security interests shall be recorded with the Uniform Commercial Code Section of the department, and shall not be recorded on the snowmobile registration.

(3) The registration year for snowmobiles shall be October 1 through September 30 of the following year. Regardless of the date acquired, there is no abatement of the snowmobile registration fee.

[Statutory Authority: RCW 46.01.110, 88.02.100, 46.10.040, 46.12.030, 46.16.040, 88.02.050 and 88.02.070. 96-04-004, 308-94-030, filed 1/25/96, effective 2/25/96; 95-13-058, 308-94-030, filed 6/19/95, effective 7/20/95. Statutory Authority: RCW 46.01.110. 92-15-021, 308-94-030, filed 7/6/92, effective 8/6/92; 87-03-041 (Order TL/RG 29), 308-94-030, filed 1/16/87; Order 111 MV, 308-94-030, filed 10/5/71.]

AMENDATORY SECTION (Amending Order TL/RG 29, filed 1/16/87)

WAC 308-94-050 Snowmobile registration ((certificate)), decals and validating tabs--Display. ((The)) (1) A snowmobile registration certificate ((must)) shall be:

(a) Carried in the snowmobile((,)) for which it was issued; or ((on))

(b) Carried on the person of the snowmobile operator; and ((must))

(c) Be made available for inspection by any person having the authority to enforce the provisions of the snowmobile act.

(2) Snowmobile decals showing the registration number shall be:

(a) Affixed to the right and left sides or on the front and rear of the snowmobile; and

(b) Located so that snow, passenger, driver or load will not obscure them.

(3) Month tabs shall be located no more than two inches from the front of the decals showing the registration number. Validating year tabs shall be located no more than two inches from the last digit of the decals showing the registration number.

[Statutory Authority: RCW 46.01.110. 87-03-041 (Order TL/RG 29), 308-94-050, filed 1/16/87; Order 111 MV, 308-94-050, filed 10/5/71.]

AMENDATORY SECTION (Amending WSR 92-15-021, filed 7/6/92, effective 8/6/92)

WAC 308-94-080 Nonresident temporary snowmobile permit. An application for a nonresident temporary permit shall include:

(1) Name and address of the applicant;

(2) Plate or registration number and expiration date, if registered in another jurisdiction;

(3) Make ((and year of vehicle;

(4) Vehicle identification number;

(5) Method of propulsion, including but not limited to skis, tracks, wheels, or combination thereof;

(6) Appropriate fees; and

(7) Expiration date of the foreign registration if registered in another jurisdiction)), vehicle identification number, model year, and method of propulsion of the snowmobile; and

(4) Appropriate fees.

[Statutory Authority: RCW 46.01.110. 92-15-021, 308-94-080, filed 7/6/92, effective 8/6/92; 87-03-041 (Order TL/RG 29), 308-94-080, filed 1/16/87; Order 111 MV, 308-94-080, filed 10/5/71.]

AMENDATORY SECTION (Amending Order TL/RG 29, filed 1/16/87)

WAC 308-94-100 Snowmobile dealer ((permit)) license, license plates, costs, rented snowmobiles. ((The snowmobile dealer permit will be effective for one calendar year, except for the initial staggered dealer permit period when the director will assign staggered renewal dates. If a dealer purchases snowmobile dealer plates, they must be used for testing or demonstrating a snowmobile. A dealer may not test or demonstrate a snowmobile without either a valid registration or a valid dealer plate.)) Snowmobile dealer licenses shall be effective for one year from the date of issue.

(1) A dealer may not test or demonstrate a snowmobile without either a valid Washington snowmobile registration or a valid snowmobile dealer license plate.

(2) A snowmobile dealer shall pay three dollars and fifty cents plus the fifty cent reflectorization fee for each dealer plate ordered from the department.

(3) Snowmobile dealer license plates may be used only for testing or demonstrating a snowmobile and shall be displayed on the snowmobile so that snow, passenger, driver or load will not obscure the license plate.

(4) Snowmobile dealer license plates shall not be used on rented snowmobiles.

[Statutory Authority: RCW 46.01.110. 87-03-041 (Order TL/RG 29), 308-94-100, filed 1/16/87; Order 111 MV, 308-94-100, filed 10/5/71.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 308-94-040 Snowmobile registration year.

WAC 308-94-070 Display of snowmobile registration number, decals and validation tabs.

WAC 308-94-090 Rented snowmobiles.

WAC 308-94-110 Snowmobile dealer plates--Cost.

Legislature Code Reviser

Register

Washington State Code Reviser's Office