WSR 99-02-049

PERMANENT RULES

DEPARTMENT OF LICENSING

[Filed January 5, 1999, 8:27 a.m.]



Date of Adoption: January 5, 1999.

Purpose: Amending current rules to define what the department considers to be the commencing date for purposes of title transfer by vehicle dealers. In addition, extending the allowable title transfer period for vehicles sold with current registrations to parallel the time allowed for vehicles sold on dealer temporary permits when a dealer has properly paid off a lien.

Citation of Existing Rules Affected by this Order: Amending WAC 308-66-190 and 308-56A-420.

Statutory Authority for Adoption: RCW 46.70.160.

Other Authority: RCW 46.70.110.

Adopted under notice filed as WSR 98-23-083 on November 17, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 2, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 2, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

January 5, 1999

Fred Stephens

Director

OTS-2534.3

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. Under the following conditions a dealer may be granted an additional interval, not to exceed forty-five days in which to apply for title in the customer's name:

(a) The lienholder fails to deliver the vehicle title to the dealer within the required time period; and

(b) The dealer has satisfied the lien; and

(c) The dealer has proof that payment of the lien was made within two calendar days, exclusive of Saturday, Sunday, or a legal holiday after the sales contract has been executed by all parties and all conditions and contingencies in the sales contract have been met or otherwise satisfied; or

(d) The director may excuse any situations in which applications are delayed for reasons beyond the control of the dealer.

(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-2535.3

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(s).

(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. Except as provided in RCW 46.70.180(8), 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. Additionally, the director may excuse late applications only in situations where applications are delayed, for reasons beyond the control of the dealer.

(6) The hard copy of the permit and a purchase order identifying the vehicle and ((date of sale)) 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.]

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