WSR 98-19-109
PROPOSED RULES
DEPARTMENT OF LICENSING
(Vehicle Services)
[Filed September 23, 1998, 9:02 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-18-002.
Title of Rule: WAC 308-66-190 Transfer of certificate of title by dealer and 308-56A-420 Delivery of vehicle on dealer temporary permit.
Purpose: Review of current rules to define what the department considers to be the commencing date for purposes of title transfer by vehicle dealers. For purposes of title transfer, the date that triggers the start of the forty-five day vehicle dealer title transfer period is the date the vehicle is delivered to the purchaser.
Statutory Authority for Adoption: RCW 46.70.160 and 46.01.110.
Summary: The proposal is to amend the two related WACs to define the date that the vehicle dealer title transfer period commences.
Reasons Supporting Proposal: The Washington State Auto Dealers Association (WSADA), our stakeholder, has requested this promulgation, which describes the commencing date for vehicle title transfers to retail purchasers.
Name of Agency Personnel Responsible for Drafting: Cal Sanders, Highways-Licenses Building, Olympia, (360) 902-3708; Implementation and Enforcement: Robert Smith, Highways-Licenses Building, Olympia, (360) 902-3703.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The amendments described that delivery of a vehicle commences the forty-five day title transfer period.
Proposal Changes the Following Existing Rules: The changes to these existing rules will more clearly define the commencing date for purposes of the vehicle dealer title transfer period.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposal does not impose additional duties on the industry. There is no discernable impact.
RCW 34.05.328 does not apply to this rule adoption. This agency is not named in RCW 34.05.328 (5)(a)(i), this section is not being applied voluntarily by the agency and the proposed language clarifies the rule without a measurable effect.
Hearing Location: Department of Licensing, Conference Room 211, 2nd Floor, 1125 S.E. Washington Street, Olympia, WA, on October 27, 1998, at 9:00 a.m. - 11:00 a.m.
Assistance for Persons with Disabilities: Contact Linda Mason by October 20, 1998, TDD (360) 664-8885, or (360) 902-3710.
Submit Written Comments to: Gail Saul, Dealer Services, Department of Licensing, P.O. Box 9039, Olympia, WA 98507-9039, fax (360) 586-6703.
Date of Intended Adoption: November 5, 1998.
September 23, 1998
Evelyn P. Yenson
Director
OTS-2534.1
AMENDATORY SECTION (Amending WSR 96-19-025, filed 9/9/96, effective 10/10/96)
WAC 308-66-190 Transfer
of certificate of title by dealer. (1) When a vehicle displaying current
Washington plates is sold or disposed of by a dealer, the dealer shall make an
application for a certificate of title in the purchaser's name within forty-five calendar
days ((following)) commencing with the sale or disposal of
the vehicle. The date on which the selling dealer physically delivers the vehicle to
the customer/purchaser shall commence the forty-five day interval in which the selling
dealer must make an application for a certificate of title in the purchaser's name.
(2) The dealer shall in every case sign or type his/her name on the dealer's report of sale on the title application accompanying the transfer. If an authorized agent signs for the dealer, he/she shall give his/her title.
(3) The name and address of the previous registered owner shall be shown on the application for transfer of title.
(4) The dealer shall provide a vehicle odometer disclosure statement with the title application as required by RCW 46.12.124.
[Statutory Authority: RCW 46.70.160. 96-19-025, § 308-66-190, filed 9/9/96, effective 10/10/96. Statutory Authority: RCW 46.70.160 and 46.70.124. 94-21-055, § 308-66-190, filed 10/13/94, effective 11/13/94. Statutory Authority: RCW 46.70.160, 46.12.120 and [46.12].124. 91-20-057, § 308-66-190, filed 9/24/91, effective 10/25/91. Statutory Authority: RCW 46.70.160. 90-24-054, § 308-66-190, filed 12/3/90, effective 1/3/91; 90-10-013, § 308-66-190, filed 4/20/90, effective 5/21/90; Order MV 170, § 308-66-190, filed 7/16/73; Order 2, § 308-66-190, filed 1/29/68.]
OTS-2535.1
AMENDATORY SECTION (Amending WSR 94-21-055, filed 10/13/94, effective 11/13/94)
WAC 308-56A-420 Delivery of vehicle on 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 dealer temporary license permit.
(2) The application for title portion of the permit form must be
properly and completely filled out by the selling dealer, ((detailing all fees
collected,)) including the dealer's report of sale and the date ((of
sale)) on which the vehicle is physically delivered to the customer/purchaser.
If license based on gross weight is required, the amount of gross weight purchased must be
clearly shown. The application must be signed by the registered owner.
(3) The dealer shall collect all fees required for titling and registration of a vehicle.
(4) The dealer shall detach the hard copy of the dealer permit and
shall record the date of expiration in dark, bold letters and numbers on the permit side
of that copy. Date of expiration will be forty-five calendar days after date ((of
sale of the vehicle)) on which the vehicle is physically delivered to the
customer/purchaser.
(5) The application copies shall be used by the dealer to apply
for title application and to complete licensing of the vehicle. 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 ((of sale
of the vehicle)) on which the vehicle is physically delivered to the
customer/purchaser. The date on which the selling dealer physically delivers the vehicle
to the customer/purchaser shall commence the forty-five day interval in which the selling
dealer must make an application for a certificate of title in the purchaser's name.
(6) The hard copy of the permit and a purchase order identifying
the vehicle ((and)), date of sale, and the date on which the
vehicle is physically delivered to the customer/purchaser must be carried in the
vehicle or the towing vehicle at all times the vehicle is operated on the temporary
permit.
(7) The hard copy of the dealer temporary license permit shall 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 dealer temporary license permit is valid for not more than
forty-five calendar days ((following)) commencing with the date ((of
vehicle sale)) on which the vehicle is physically delivered to the
customer/purchaser.
(9) The dealer temporary license permit shall 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 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 maintain a record of each dealer temporary permit form acquisition and distribution including the following:
(a) Vehicle purchaser's names;
(b) Vehicle identification;
(c) Dates of vehicle sales and deliveries; and
(d) Date and location of purchase of each permit form and the permit number.
[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.]