WSR 98-16-030

PERMANENT RULES

DEPARTMENT OF LICENSING

[Filed July 29, 1998, 11:14 a.m.]



Date of Adoption: July 29, 1998.

Purpose: To meet the criteria set forth in Governor Locke's Executive Order 97-02.

Citation of Existing Rules Affected by this Order: Repealing WAC 308-93-074 Application for titles--Commercial fishing, 308-93-075 Inspection of certificate, 308-93-080 Registration certificate, 308-93-085 Contents of a certificate of registration, 308-93-300 Original application--Renewals--Fees--Preissuance, when, 308-93-330 Certificate of title--Application, 308-93-420 Special mailing and 308-93-630 Assignment of hull identification number; amending WAC 308-93-060 Registration period, 308-93-070 Application for title/registration, 308-93-071 Class "A" and Class "B" titles, 308-93-073 New vessels, 308-93-078 Temporary permits, 308-93-285 Vessel length measurement, 308-93-350 Incorrect endorsements or erasures, 308-93-360 Application for title required and 308-93-620 Hull identification number required; and new section WAC 308-93-069 Application for certificate of ownership/registration--Accompanied by.

Statutory Authority for Adoption: RCW 88.02.070, 88.02.100.

Adopted under notice filed as WSR 98-13-044 on June 9, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, amended 9, repealed 8.

Number of Sections Adopted Using Negotiated Rule Making: New 1, amended 9, repealed 8; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

July 29, 1998

Evelyn P. Yenson

Director

OTS-1766.4

AMENDATORY SECTION (Amending WSR 92-24-035, filed 11/25/92, effective 12/26/92)



WAC 308-93-060  Registration period. The vessel registration period is July 1 of the current year through June 30 of the following year for purposes of chapter 88.02 RCW.

Any vessels registered for the first time in Washington will be assessed the registration fee for the registration period in which the vessel is registered. In addition, excise tax in the amount prescribed in chapter 82.49 RCW will be assessed through the current registration period ((in which the vessel is registered)).

When registering a vessel((s being registered)) in Washington for the first time and ((assigned)) assigning a registration period of eleven months or less ((shall have)) or transferring ownership of a vessel for which the registration has expired, the annual excise tax shall be reduced by one-twelfth for each full month of the registration period ((which has passed by the date when the vessel is registered in Washington)) they did not own or possess the vessel. The registration fee ((will)) shall not be abated ((for the registration period in which the vessel is registered.

When a transfer of ownership occurs on a vessel previously registered in this state and whose registration has expired, there is assessed a registration fee of six dollars for the current registration period and excise tax from the expiration date of the previous registration. If the person seeking registration verifies that the vessel was acquired subsequent to expiration of the previous registration, excise tax will be assessed from the date of acquisition through the current registration period in which the vessel is being registered)).



[Statutory Authority: RCW 88.02.070 and 88.02.100. 92-24-035, 308-93-060, filed 11/25/92, effective 12/26/92. Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), 308-93-060, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-19-026 (Order TL-RG 8), 308-93-060, filed 9/13/84. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-060, filed 11/18/83.]



NEW SECTION



WAC 308-93-069  Application for certificate of ownership/registration--Accompanied by. Vessel owners shall submit with their application for certificate of ownership or registration all proper fees and excise tax and the following documentation when appropriate:

(1) Excise exemption affidavit; and/or

(2) A copy of the bill of sale or sales agreement; and/or

(3) Declaration of value form; and/or

(4) Previous ownership document properly released; and/or

(5) Proof of sales tax paid; and/or

(6) Manufacturer's statement of origin, factory invoice, or carpenter certificate; and/or

(7) Release of interest form; and/or

(8) Other verification of ownership approved by the department to include:

(a) A judgment from a district or superior court of any county of this state awarding ownership; or

(b) Document from an involuntary divestiture sale or auction; and/or

(9) Copy of certificate of documentation of vessel issued by the United States Coast Guard.

(10) Upon application for a vessel certificate of ownership an authorized agent or employee shall verify the application and supporting documents to ensure accuracy. If all requirements are not met, an authorized agent or employee shall refuse to accept the application.

(11) When the application has been received, the department may recheck the application. If there is an error which precludes issuance of the certificate of ownership the department shall delay issuance of certificate of ownership until proper documentation has been received.



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



WAC 308-93-070  Application for ((title/registration)) certificate of ownership/registration--Contents. (((1) An application for certificate of ownership or registration of a vessel shall be completed and shall include:

(a) The names, addresses, and department assigned customer account numbers for all owners of the vessel being registered including lessees and lessors, and legal owners if applicable.

(b) Make, model year and length of vessel.

(c) Type of power (gasoline, diesel, propane, other, etc.).

(d) Primary use.

(e) Primary method of propulsion (inboard, outboard, inboard/outboard, jet, sail, other, etc.).

(f) Type of vessel (open, cabin, house, or other).

(g) Primary vessel construction (fiberglass, wood, aluminum, etc.).

(h) County of moorage.

(i) United States Coast Guard issued number, if any.

(j) Purchase price and purchase year of vessel or declared value and year of declaration. Purchase price includes the price purchaser paid for the vessel, vessel motor, or engine, and all other equipment and accessories, excluding boat trailers, purchased in a single transaction.

(k) Hull identification number.

(l) Vessel registration numbers previously issued by any issuing authority, if any.

(m) That the application is for a new number, renewal or transfer of ownership.

(n) State in which vessel is or will be principally used.

(o) United States Coast Guard document number, if applicable.

(2) Name and address of all persons perfecting a security interest (legal owner), except for United States Coast Guard documented vessels, or a certified statement by the registered owner that the vessel is free of all liens.

(3) In the event a vessel is homemade, the registered owner must complete and sign a declaration of value form.

(4) The names of all owners will appear on the application for registration and title. The application must be signed by all registered owner applicants. Signature must be notarized or certified by an authorized license agent.

(5) The application for certificate of ownership or registration shall be accompanied by the following where applicable:

(a) A copy of the bill of sale or sales agreement.

(b) Declaration of value form.

(c) All proper fees and excise tax.

(d) Previous ownership document properly released.

(e) Excise exemption affidavit.

(f) Proof of sales tax paid.

(g) Manufacturer's statement of origin or original factory invoice.

(h) Copy of carpenter certificate.

(i) Release of interest form.

(j) Other verification of ownership.

(k) Copy of certificate of ownership of vessel issued by United States Coast Guard.

(6) An application made for a vessel to be leased or rented without propulsion machinery will indicate "other" for type of power in subsection (1)(c) of this section and for primary method of propulsion in subsection (1)(e) of this section.)) (1) When Washington becomes the new state of principal use, Washington shall recognize the validity of a vessel number issued by any other issuing authority for a period of sixty days before requiring numbering in this state.

(2) Vessel owners applying for certificate of ownership or registration of a vessel shall submit an application, which includes:

(a) Expiration date of the certificate of registration;

(b) The name of each owner of the vessel and if the vessel is subject to security interest, the name of each secured party;

(c) The department assigned customer account number for each owner of the vessel including secured parties if available;

(d) The address at which one of the owners regularly receives mail;

(e) The mailing address of the first secured party;

(f) The Washington registration number if assigned;

(g) Make and model year;

(h) Length of vessel;

(i) Type of power (gasoline, diesel, etc.);

(j) Primary use (commercial, pleasure, etc.);

(k) Primary method of propulsion (inboard, sail, etc.);

(l) Type of vessel (runabout, cabin, etc.);

(m) Primary vessel construction (fiberglass, wood, etc.);

(n) County of moorage;

(o) Hull identification number, if one has been assigned;

(p) Latest purchase price and purchase year or, if the vessel was not acquired by purchase, a declaration of value and year of declaration. For the purposes of this section, purchase price or declared value includes the vessel, vessel motor, or engine, and all other equipment and accessories, excluding a boat trailer, purchased or acquired in a single transaction;

(q) United States Coast Guard document number, if applicable.

(3) Upon original application for certificate of ownership/registration of a homemade vessel, the owner shall complete and sign a declaration of value form. The owner's signature shall be notarized/certified in accordance with WAC 308-93-470.



[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, 308-93-070, filed 1/25/96, effective 2/25/96; 95-13-058, 308-93-070, filed 6/19/95, effective 7/20/95. Statutory Authority: RCW 88.02.070 and [88.02].100. 93-14-082, 308-93-070, filed 6/30/93, effective 7/31/93; 92-24-035, 308-93-070, filed 11/25/92, effective 12/26/92. Statutory Authority: RCW 88.02.100 and 1991 c 339 30 and 31. 92-03-075, 308-93-070, filed 1/14/92, effective 2/14/92. Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), 308-93-070, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-13-086 (Order TL-RG-2), 308-93-070, filed 6/21/84. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-070, filed 11/18/83.]



AMENDATORY SECTION (Amending WSR 92-24-035, filed 11/25/92, effective 12/26/92)



WAC 308-93-071  Class "A" and Class "B" ((titles)) certificate of ownership. From June 30, 1985, through June 30, 1990, there were two classes of vessel ((titles)) certificate of ownership: Class "A" and Class "B."

Effective July 1, 1990, the "A" and "B" classifications of vessel ((titles)) certificate of ownership were discontinued. All vessel ((titles)) certificate of ownership, regardless of any classification previously assigned are considered to be exclusive evidence of ownership unless a person can provide sufficient evidence the certificate of ((title)) ownership was issued in error or is invalid for some other reason.



[Statutory Authority: RCW 88.02.070 and 88.02.100. 92-24-035, 308-93-071, filed 11/25/92, effective 12/26/92. Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), 308-93-071, filed 11/19/85.]



AMENDATORY SECTION (Amending Order TL/RG 25, filed 5/7/86)



WAC 308-93-073  New vessels. Application for certificate of ((title)) ownership to a ((new)) vessel never before licensed or titled ((or sold by an in-state or out-of-state dealer or manufacturer must)) shall be accompanied by a manufacturer's statement of origin, carpenter's certificate, or a copy of the factory invoice.

((If the date of sale shown on the manufacturer's statement of origin, carpenters certificate, or factory invoice was prior to July 1, 1985, a UCC search with appropriate releases must also accompany the application.))

(1) The manufacturer's statement of origin, carpenter's certificate, or factory invoice must reflect the model year, make, length and hull identification number of the vessel.

(((1) No)) (2) The department shall not accept any manufacturer's statement of origin, carpenter's certificate, or factory invoice ((can be accepted)) for the issuance of a ((title)) certificate of ownership unless all persons named((, including dealers,)) on the manufacturer's statement of origin, including dealers, have released or assigned their interest thereon, or on a ((department)) release of interest form approved by the department.

(((2))) (3) Dealer to dealer transfers may be accomplished either by appropriate endorsement of the manufacturer's statement of origin, carpenter's certificate, or factory invoice, or ((by a department)) release of interest form approved by the department. A complete chain of ownership ((must)) shall be reflected from the original dealer named on the manufacturer's statement of origin to the retail selling dealer making the application.

(((3))) (4) A copy of the factory invoice may be used in lieu of the manufacturer's statement of origin or carpenter's certificate only when such documents are not available and obtaining a replacement from the manufacturer would cause an undue amount of delay in titling the vessel. ((An affidavit of fact describing why the statement of origin or carpenters certificate is not available must be attached to the photocopy of the factory invoice.)) A certificate of fact describing why the statement of origin or carpenter's certificate is not available shall be accompanied by the photocopy of the factory invoice and any necessary releases of interest on a form approved by the department.



[Statutory Authority: RCW 88.02.030, 88.02.070, 88.02.120, 88.02.130, 88.02.140, 88.02.150 and 88.02.100. 86-10-068 (Order TL/RG 25), 308-93-073, filed 5/7/86.]



AMENDATORY SECTION (Amending Order TL/RG 25, filed 5/7/86)



WAC 308-93-078  Temporary ((permits)) use of an unregistered vessel. ((A notarized bill of sale reflecting the name and address of the purchaser, the model year, make, and hull identification number of the vessel, and the date of sale, may be used as a temporary permit in lieu of the registration certificate for a period not to exceed 15 days from the date of sale reflected on the bill of sale. The notarized bill of sale must be carried on the vessel.)) A purchaser from a private party of an unregistered vessel may operate the vessel on Washington waters for fifteen consecutive days from the date of purchase using the notarized bill of sale in lieu of a registration certificate. The notarized bill of sale shall be carried on the vessel and contain:

(1) The name and address of the purchaser;

(2) The model year, make, and hull identification number of the vessel;

(3) The date of sale; and

(4) The name, address and signature of the seller.



[Statutory Authority: RCW 88.02.030, 88.02.070, 88.02.120, 88.02.130, 88.02.140, 88.02.150 and 88.02.100. 86-10-068 (Order TL/RG 25), 308-93-078, filed 5/7/86.]



AMENDATORY SECTION (Amending WSR 92-24-035, filed 11/25/92, effective 12/26/92)



WAC 308-93-285  Vessel length measurement. (1) The overall length of a vessel first provided by the owner on application for certificate of ownership ((may not be changed without verification of remeasurement, except when incorrectly entered by the department. The vessel length measurement provided by the owner)) shall be rounded down to the nearest whole foot.

(((2) Any vessel owner may request the vessel length measurement to be modified by making application for a new certificate of ownership reflecting a new measurement. The application must include a written verification of the new measurement by:

(a) A copy of the vessel's MSO or other document from the vessel manufacturer providing length measurement specifications for that model vessel; or

(b) An official measurement provided on a letterhead document from a law enforcement agency, a port agency, or from the United States Coast Guard and verified with a signature of a representative of that agency.)) Vessel measurement shall be from the tip of the bow to the stern of the vessel down the centerline but not including boomkins, swim ladders, outboard engines, or other extremities.

(2) Changing the recorded vessel length, except when incorrectly entered by the department requires:

(a) Verification of remeasurement on official letterhead document including the vessel description and signed by a representative of:

(i) A law enforcement agency; or

(ii) A port agency; or

(iii) The United States Coast Guard; or

(iv) Authorized representatives of the department.

(b) Documentation from the vessel manufacturer providing the correct length for that model vessel.



[Statutory Authority: RCW 88.02.070 and 88.02.100. 92-24-035, 308-93-285, filed 11/25/92, effective 12/26/92.]



AMENDATORY SECTION (Amending Order TL-RG-2, filed 6/21/84)



WAC 308-93-350  ((Incorrect endorsements or)) Erasures and alterations and incorrect information. (1) ((If a certificate of title or application has been signed in error, a line must be drawn through the erroneous signature. An affidavit must be attached to explain when, why and by whom the signature was stricken. A release of interest is required from the person signing in error unless that person has signed the affidavit.

(2) If an erasure has been made on a certificate of title or application, an affidavit must be attached. The affidavit must state why and by whom the erasure was made. A release of interest must be signed by the one whose name was erased if the identity of the person can be determined.

(3) A name erroneously shown on the title as the purchaser must have either a release of interest from the erroneously named purchaser or a statement by the owner of record that the sale was not completed.)) The department may refuse to accept any certificate of ownership when ownership or vessel information has been altered. A replacement ownership document may be required.

(2) The department may require an affidavit explaining any erasure or alteration on the application, certificate of ownership, or any supporting documentation.

(3) The department may require a notarized/certified release of interest when:

(a) A signature or name that has been altered or erased appears on an application; or

(b) A security interest is named to be shown on the new certificate of ownership and the applicant claims there is no lien; or

(c) A security interest is shown incorrectly or is altered on the application for certificate of ownership. In lieu of a release of interest, Washington licensed vessel dealers may attach an affidavit explaining the error in the security interest.



[Statutory Authority: RCW 88.02.070 and 88.02.100. 84-13-086 (Order TL-RG-2), 308-93-350, filed 6/21/84. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-350, filed 11/18/83.]



AMENDATORY SECTION (Amending Order TL-RG-19, filed 11/19/85)



WAC 308-93-360  Application for ((title)) certificate of ownership required. An application for certificate of ((title)) ownership is required when:

(1) ((Whenever the ownership of a vessel changes;

(2) When there is a legal change of name of the registered or legal owner of a vessel;

(3) When there is a change of name of a business entity owning a vessel;

(4) When a proprietorship or partnership forms a corporation whether or not a business name is changed;

(5) When a proprietorship or partnership purchases a corporation which will no longer be operated as a corporation whether or not the business name is changed;

(6) Whenever there is no outstanding secured obligation and no commitment to make advances and incur obligations or otherwise give value in the case of reissue applications;

(7) Whenever the hull identification number is changed;

(8) Whenever a second legal owner is to be added to the certificate of title. The application shall show the address of only the first named legal owner;

(9) Whenever a vessel is to be registered for the first time as required by chapter 88.02 RCW, except for a vessel having a valid marine document as a vessel of the United States.)) A person purchases a new vessel unless otherwise exempt from chapter 88.02 RCW.

(2) There is a change of ownership due to:

(a) Sale;

(b) Gift;

(c) Inheritance;

(d) Trade;

(e) Addition or deletion of an owner;

(f) Proprietorship or partnership forming a corporation, whether or not the business name is changing; or

(g) Proprietorship or partnership purchasing a corporation which will no longer be operated as a corporation, whether or not the business name is changed.

(3) There is a name change of:

(a) The owner;

(b) The secured party; or

(c) A business entity as shown on the current certificate of ownership.

(4) There is no change in the owner of the vessel but the certificate of ownership needs to be reissued because:

(a) A lien has been satisfied and the lien holder's name needs to be removed;

(b) A lien holder's name needs to be added. If a secondary lien holder is being added, the address of only the primary lien holder will be recorded;

(c) There is a change of lien holders;

(d) There has been a structural change in the vessel that changes the physical description of the vessel on the current certificate of ownership; or

(e) The vessel hull identification number has been altered, or removed, or needs to be corrected on the vessel or on the certificate of ownership.



[Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), 308-93-360, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-13-086 (Order TL-RG-2), 308-93-360, filed 6/21/84. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-360, filed 11/18/83.]



AMENDATORY SECTION (Amending Order TL-RG-19, filed 11/19/85)



WAC 308-93-620  Hull identification number required. ((No person shall operate a boat on the waters of this state for which registration and titling is required unless such boat has a hull identification number or application for such number has been made. Hull identification numbers must be clearly imprinted, or otherwise permanently affixed to the outboard side of the transom, or if there is no transom, to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism above the waterline of the boat in such a way that alteration, removal or replacement would be obvious or evident. No)) (1) A person shall not operate a vessel on the waters of this state for which registration or titling is required unless the vessel has a hull identification number.

(2) The department may assign an appropriate hull identification number to a vessel when there is no hull identification number on the vessel. A hull identification number shall be clearly imprinted, or otherwise permanently affixed above the waterline of the vessel in such a way that alteration, removal or replacement would be obvious or evident. The hull identification number minimum height shall be 1/4 of an inch and shall be placed on:

(a) The outboard starboard side of the transom; or

(b) The outermost starboard side at the end of the hull that bears the rudder or other steering mechanism, if there is no transom.

(3) A person, firm, association or corporation shall not destroy, remove, alter, cover, or deface the hull identification number.



[Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), 308-93-620, filed 11/19/85. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-620, filed 11/18/83.]



REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 308-93-074 Application for titles--Commercial fishing vessels.

WAC 308-93-075 Inspection of certificate.

WAC 308-93-080 Registration certificate.

WAC 308-93-085 Contents of a certificate of registration.

WAC 308-93-300 Original applications--Renewals--Fees--Preissuance, when.

WAC 308-93-330 Certificate of title--Application.

WAC 308-93-420 Special mailing.

WAC 308-93-630 Assignment of hull identification number.

Legislature Code Reviser

Register

Washington State Code Reviser's Office