Original Notice.

Preproposal statement of inquiry was filed as WSR 99-10-057.

Title of Rule: WAC 308-93, Vessel registration and certificates of title.

Purpose: 1. To meet the criteria set forth in Governor Locke's Executive Order 97-02.

2. To clarify rules and help make them more comprehensible.

Statutory Authority for Adoption: RCW 88.02.070 and 88.02.100.

Summary: Amending WAC 308-93-030 Vessels subject to excise tax, registration and titling, 308-93-140 Decals--Placement, size, and color and 308-93-145 Vessel registration numbers--Display, size, color; and repealing WAC 308-93-040 Vessels exempted from excise tax but required to be registered and titled, 308-93-135 Vessel number required, 308-93-155 Form of number, and 308-93-320 Registration certificate and decals follow vessel on transfer.

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

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: The anticipated effects will be a clarification of the above mentioned requirements.

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

No small business economic impact statement has been prepared under RCW 19.85. 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.

RCW 34.05.328 does not apply to this rule adoption. The contents of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 107, 1125 Washington Street S.E., Olympia, WA 98507, on September 29, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by September 28, 1999, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick J. Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by September 28, 1999.

Date of Intended Adoption: October 16, 1999.

August 13, 1999

Deborah McCurley, Administrator

Title and Registration Services

OTS-3285.1

AMENDATORY SECTION(Amending Order TL-RG 8, filed 9/13/84)

WAC 308-93-030
Vessels subject to excise tax, registration and titling.

((The following vessels must be registered and titled and pay the excise tax if they are on or using the waters of this state.

All vessels sixteen feet or longer equipped with propulsionary machinery or sails, unless specifically exempted)) What vessels are subject to excise tax, registration and titling? Unless specifically exempted under chapters 88.02 and 82.49 RCW, all vessels sixteen feet or longer equipped with propulsionary machinery or sails, are subject to excise tax, registration and titling, including the following:

(1) Amphibious vessels (vehicles);

(2) Houseboats;

(3) Inflatable vessels with motors;

(4) Ski type vessels (jet ski, wet bike, etc.);

(5) Racing vessels.

[Statutory Authority: RCW 88.02.070 and RCW 88.02.100.  84-19-026 (Order TL-RG 8), § 308-93-030, filed 9/13/84.  Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46.  83-23-076 (Order 736-DOL), § 308-93-030, filed 11/18/83.]

((Upon registration, the applicant will be issued a registration certificate and two decals.  One decal must be affixed to each side on the forward half of the vessel, except when the registration number is placed as provided by WAC 308-93-145 (2) and (3).  The registration decals must be placed in line with and within six inches of the aft of the registration number.  The decals must meet the requirements of subsections (1) and (2) of this section.  Only the current registration year decals may be displayed.

(1) Decals must be approximately three inches square.

(2) The years in which validation decals expire must be indicated by the colors blue, international orange, green, and red, in rotation beginning with blue for decals that expire with 1985 expirations.)) (1) Where do I place the decals I receive when I register my vessel in Washington? These decals shall be placed on the vessel for which they were assigned. Decals must be affixed on (see illustration):

Place illustration here.

(a) Both sides of the bow; and

(b) Within six inches aft of, and directly on line with, the vessel registration number as provided by WAC 308-93-145(4).

(c) For documented vessels, one decal must be affixed to each side of the forward half of the vessel for which it was assigned so it is easily visible for law enforcement.

(2) What do the vessel decals look like that are issued by the department? In accordance with 33 CFR, vessel decals are approximately three inches square. The years in which validation decals expire must be indicated by the colors blue, international orange, green, and red, in rotation beginning with blue for decals that expired in 1985.

(3) Which vessel decal shall be displayed? To legally operate your vessel on Washington waters, you must display the decal that shows your vessel is registered for the current registration year.

[Statutory Authority: RCW 88.02.100 and RCW 88.02.120.  90-08-018, § 308-93-140, filed 3/28/90, effective 4/28/90.  Statutory Authority: RCW 88.02.100.  84-21-131 (Order TL/RG-10), § 308-93-140, filed 10/24/84.  Statutory Authority: RCW 88.02.070 and RCW 88.02.100.  84-13-086 (Order TL-RG-2), § 308-93-140, filed 6/21/84.  Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46.  83-23-076 (Order 736-DOL), § 308-93-140, filed 11/18/83.]

(((1) Each registration number issued must:

(a) Be painted on or permanently attached to each side of the forward half of the vessel except as allowed by subsection (2) of this section or required by subsection (3) of this section;

(b) Be in plain vertical block characters of not less than three inches in height;

(c) Contrast with the color of the background and be distinctly visible and legible;

(d) Have spaces or hyphens that are equal to the width of a letter other than "I" or a number other that "1" between the letter and number groupings (example: DC 5678 EF or DC-5678-EF); and

(e) Read from left to right.

(2) When a vessel is used by a manufacturer or by a dealer for testing or demonstrating, the number may be painted on or attached to removable plates that are temporarily but firmly attached to each side of the forward half of the vessel.

(3) On vessels so configured that a number on the hull or superstructure would not be easily visible, the number must be painted on or attached to a backing plate that is attached to the forward half of the vessel so that the number is visible from each side of the vessel.

(4) Each number displayed on a tender exempted under RCW 88.02.030 must meet the requirements of subsection (1) of this section and have a space or hyphen that is equal to the width of a letter other than "I" or a number other that "1" between the suffix and the number.)) (1) What vessels are required to display a vessel registration number? All vessels that are required to be registered under RCW 88.02 except vessels documented with the United States Coast Guard, are required to display the vessel registration numbers.

(2) What are vessel registration numbers? Vessel registration numbers are configured in accordance with 33 CFR 174.23 and:

(a) Uniquely identify the vessel, similar to license plate numbers for vehicles;

(b) Are assigned by the department when you apply for initial registration for your vessel;

(c) Are printed on your registration certificate and certificate of ownership;

(d) The department does not provide any physical material for you to apply to your vessel.

(3) How do I display the assigned vessel registration number on my vessel? The registration number assigned shall:

(a) Be painted on or permanently attached to each side of the forward half of the vessel except as allowed by subsection (6) of this section or required by subsection (7) of this section;

(b) Be in plain vertical block characters of not less than three inches in height;

(c) Contrast with the color of the background and be distinctly visible and legible;

(d) Have spaces or hyphens that are equal to the width of a letter other than "I" or a number other than "1" between the letter and number groupings (example: WN 5678 EF or WN-5678-EF); and

(e) Read from left to right.

(4) Are vessel registration numbers transferable from vessel to vessel? Vessel registration numbers are not transferable between vessels. Once assigned, a vessel registration number cannot be reassigned to another vessel.

(5) Does a Washington licensed dealer need to display registration numbers and decals when demonstrating or testing a vessel held for sale? Washington licensed vessel dealers shall display dealer registration numbers and decals assigned and issued by the department. Dealer registration numbers and decals shall be displayed in the following manner:

(a) The department assigned dealer vessel registration number must be painted on or attached to a backing plate;

(b) The department issued decal must be affixed within six inches aft of and directly on line with the dealer registration number as provided by WAC 308-93-145(4); and

(c) The backing plate shall be attached to the forward half of the vessel so that the number is visible from each side of the vessel.

(6) How do I display my vessel registration number if my vessel’s hull or superstructure is configured so that the vessel registration number would not be easily visible? In this case, the vessel registration number must be painted on or attached to a backing plate that is attached to the forward half of the vessel so that the number is visible from each side of the vessel.

(7) Is a tender as described in RCW 88.02 required to display a vessel registration number? Vessels used as a tender, while exempt from registration under RCW 88.02.030, must display the numbers of the parent vessel with an additional numeric digit following the last alpha character of the vessel registration number. (Example 1) WN 5678 EF 1 or WN-5678-EF-1. The second tender vessel registration number will be the next consecutive number. (Example 2) WN 5678 EF 2 or WN-5678-EF-2.

[Statutory Authority: RCW 88.02.070 and RCW 88.02.100.  84-13-086 (Order TL-RG-2), § 308-93-145, filed 6/21/84.]

     The following sections of the Washington Administrative Code are repealed:

WAC 308-93-040	Vessels exempted from excise tax but required to be registered and titled.
WAC 308-93-135	Vessel number required.
WAC 308-93-155	Form of number.
WAC 308-93-320	Registration certificate and decals follow vessel on transfer.