WSR 99-19-026

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed September 8, 1999, 9:03 a.m. ]

Date of Adoption: September 6, 1999.

Purpose: Meet criteria supporting Governor Locke's Executive Order 97-02.

Citation of Existing Rules Affected by this Order: Vehicle licenses, miscellaneous provisions for registration of vehicles; repealing WAC 308-96A-162 Permanent fleet registration; and amending WAC 308-96A-161 Regular fleet registration, 308-96A-275 Assignment of fleet registration expiration, 308-96A-400 Excise tax exemption--Indians and 308-96A-410 Study fee; and new section WAC 308-96A-098 Surrender and disposition of license plates.

Statutory Authority for Adoption: RCW 46.01.110, 46.01.100, 46.16.060.

Adopted under notice filed as WSR 99-13-081 on June 14, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 4, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 4, Repealed 1; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

September 7, 1999

Fred Stephens

Director

OTS-3189.2


NEW SECTION
WAC 308-96A-098
Surrender and disposition of license plates.

(1) What license plates are required to be surrendered? Only license plates authorized under RCW 46.16.301 and 46.16.280, and dealer/manufacturer plates are required to be surrendered. Wreckers and scrap processors, hulk haulers shall dispose of license plates according to chapter 308-65 WAC.

(2) Where do I surrender my Washington vehicle license plates? You may surrender your Washington vehicle license plates in the following manner:

(a) Take them to your local vehicle licensing office;

(b) Mail them to the department of licensing in Olympia, Washington.

(3) What do Washington vehicle licensing offices do with surrendered license plates?

(a) License plates surrendered to Washington vehicle licensing offices will be invalidated to make them unusable;

(b) Washington vehicle licensing offices will recycle or otherwise dispose of the invalidated plates that have been surrendered.

(4) If I choose to dispose of the Washington vehicle license plates that are no longer valid, how is this done? Other than license plates indicated in subsection (1) of this section, you may dispose of your invalid Washington vehicle license plates in the following ways:

(a) Remove or invalidate the month and year tabs and bend the plates so they are no longer usable;

(b) Shred the entire license plate; or

(c) After the month and year tab have been removed or invalidated, recycle the license plate in such a way that it cannot be confused with a valid Washington license plate.

(5) How does the department dispose of my surrendered Washington vehicle license plate? Once the department has received the Washington vehicle license plate, it shall surrender them to the department of general administration for disposal under RCW 43.19.1919.

[]


AMENDATORY SECTION(Amending WSR 97-10-003, filed 4/24/97, effective 5/25/97)

WAC 308-96A-161
((Regular)) Fleet registration.

((Any owner of a fleet of fifteen or more vehicles, excluding trailing units issued a permanent license plate pursuant to RCW 46.16.068, may apply for and be issued a regular fleet identifier code by the department.  The owner may have any vehicle with a certificate of ownership in the exact same owner name registered using the regular fleet identifier code.  Regular vehicle license plate month and year tabs shall be issued.  Monthly gross weight license may be purchased for individual vehicles.

Any vehicle with an expired registration will be removed from the regular fleet.  Failure of the owner to maintain a minimum of fifteen vehicles with current registrations under the owner's fleet identification code shall automatically cause cancellation of their fleet identification code and removal of all of the owner's vehicles from the regular fleet designation.)) (1) What is the purpose of the fleet program? The department recognizes and understands that there are businesses and individual registered owners within the state of Washington that have a valid need to license all their vehicles on the same date and receive a single billing notice. The purpose of the fleet program is to provide such a process.

(2) What types of fleet programs are available? There are two types of fleet programs:

(a) Regular fleet - To participate in the regular fleet program, the owner(s) must:

(i) Have five or more vehicles, all currently registered for highway use; and

(ii) All vehicles participating must be titled and registered in exact name agreement; and

(iii) All vehicles participating will be assigned a December 31 annual expiration. Monthly gross weight license may be purchased for vehicles participating in the regular fleet program.

(b) Permanent fleet - To participate in the permanent fleet program, the owner must:

(i) Have one hundred or more vehicles used for commercial purpose; and

(ii) All participating vehicles must be currently registered for highway use; and

(iii) All vehicles participating must be titled and registered in exact name agreement; and

(iv) All vehicles participating will receive a December 31 annual expiration. Monthly gross weight license may not be purchased for vehicles participating in the permanent fleet program.

(3) How do I join the fleet program? Any owner who qualifies to participate in the fleet program may contact the department or your local Washington vehicle licensing office.

(4) Are there any vehicles that may not be part of a fleet? Yes, there are vehicles that may not be part of a fleet. Those vehicles include:

(a) Snowmobiles;

(b) Trailers with plates issued a permanent license plate under RCW 46.16.068;

(c) Vehicles licensed as daily rental under RCW 82.44.023; and

(d) Any vehicle not required to annually renew.

(5) When will the department remove me from the fleet program? The department will remove you from the fleet program at your request or if you fail to maintain the required minimum number of currently registered vehicles for the chosen fleet program. The fleet identifier code will be automatically canceled and will cause removal of all of the owner's vehicles from the chosen fleet program.

[Statutory Authority: RCW 46.01.110.  97-10-003, 308-96A-161, filed 4/24/97, effective 5/25/97; 92-15-025, 308-96A-161, filed 7/6/92, effective 8/6/92.  Statutory Authority: RCW 46.01.110 and 46.16.335.  91-15-006, 308-96A-161, filed 7/8/91, effective 8/8/91.]


AMENDATORY SECTION(Amending WSR 92-15-025, filed 7/6/92, effective 8/6/92)

WAC 308-96A-275
Assignment of fleet registration expiration.

((Registration renewals for fleet vehicles will be for twelve months expiring on December 31 of the following year.  If a vehicle is added to a fleet or is prorated, fees will be collected for the number of months necessary to have a December 31 registration expiration date.  For any partial month from the current expiration date to the December 31 expiration date, a full month's fees will be charged.  Fees may be collected from four to eighteen months to adjust the expiration date.  Any vehicle added to a fleet from October 1 through December 31 will be issued an expiration date of December 31 of the following year.)) (1) When do fleet vehicle registrations expire? Fleet vehicle registrations expire December 31 annually.

(2) How does the department adjust registration fees to assign a December 31 registration expiration date for a fleet vehicle?

(a) When you add an unlicensed vehicle to your fleet, the number of month's registration fees are abated to correspond with the number of months of registration. For example:

(i) If you add a vehicle to your fleet between October 1 and December 30 of the current year, you will be required to purchase more than twelve months of registration to obtain a December 31 vehicle registration expiration date for the following December 31;

(ii) If you add a vehicle to your fleet between February 1 and September 30, you will be required to purchase less than twelve months of registration to obtain a December 31 vehicle registration expiration date for the current year;

(iii) If you add a vehicle to your fleet between December 31 and January 31, you will be required to purchase twelve months of registration to obtain a vehicle registration expiration date for the next year.

(b) When you add a currently registered vehicle to your fleet, the number of month's registration fees abated from the date of current registration expiration to December 31, as applied in (a) of this subsection not to exceed eighteen months;

(c) The department will charge a full month's fees for any partial month.

[Statutory Authority: RCW 46.01.110.  92-15-025, 308-96A-275, filed 7/6/92, effective 8/6/92.  Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135.  92-02-100, 308-96A-275, filed 1/2/92, effective 2/2/92.  Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110.  86-10-040 (Order TL/RG 24), 308-96A-275, filed 5/5/86; Order MV-355, 308-96A-275, filed 5/10/76.]


AMENDATORY SECTION(Amending Order TL/RG-34, filed 5/28/87)

WAC 308-96A-400
Excise tax exemption--Indians.

(1) ((For purposes of this rule, the following words and terms have the following meanings:

(a) "Indian reservation" means all lands, notwithstanding the issuance of any patent, within the exterior boundaries set aside by the United States for the exclusive use and occupancy of Indian tribes by treaty, law or executive order and which are areas currently recognized as "Indian reservations" by the United States Department of the Interior.

The following Washington reservations are the only "Indian reservations" currently recognized as such by the United States Department of the Interior: Chehalis, Clallam (Jamestown Council), Clallam (Port Gamble Council), Colville, Hoh, Kalispell, Lower Elwha, Lummi, Makah, Muckleshoot, Nisqually, Nooksack, Puyallup, Quileute, Quinault, Sauk-Suiattle, Shoalwater, Skagit, Skokomish, Spokane, Squaxin, Stillaguamish, Suquamish, Swinomish, Tulalip, and Yakima.

(b) "Indian tribe" means any organized Indian nation, tribe, band, or community recognized as an "Indian tribe" by the United States Department of the Interior.

(c) "Indian" means persons duly registered on the tribal rolls of the Indian tribe occupying an Indian reservation.

(2) Motor vehicles owned by Indian tribes located on recognized Washington Indian reservations are exempt from payment of the motor vehicle excise tax imposed by chapter 82.44 RCW.  Mobile homes, travel trailers and campers owned by Indian tribes located on recognized Washington Indian reservations are exempt from payment of the mobile home, travel trailer and camper excise tax imposed by chapter 82.50 RCW.

(3) Any vehicle owned or leased by the governing body of an Indian tribe and used exclusively in its or their service may be exempt from the payment of licensing fees, and may be issued special "I" series license plates, provided, that the Indian tribe itself does not license or register any tribal government service vehicle under tribal law.

(4) Motor vehicles owned by Indians having their principal residence within the recognized Washington Indian reservation, for the tribe in which they are duly registered on the tribal rolls, are exempt from payment of the motor vehicle excise tax imposed by chapter 82.44 RCW.  Mobile homes, travel trailers and campers owned by Indians having their principal residence within the recognized Indian reservation, for the tribe in which they are duly registered on the tribal rolls, are exempt from payment of the mobile home, travel trailer and camper excise tax imposed by chapter 82.50 RCW.

(5) A properly completed affidavit of exemption on a form supplied by the department must be submitted with each motor vehicle, mobile home, travel trailer or camper license application as a condition precedent to exemption from excise tax.  The department may require such other proof of qualification for exemption as it deems necessary.)) What definitions does the department apply to this section? For purposes of this rule, the following words and terms have the following meanings:

(a) "Indian reservation" means all lands, notwithstanding the issuance of any patent, within the exterior boundaries set aside by the United States for the use and occupancy of Indian tribes by treaty, law or executive order and which are areas currently recognized as "Indian reservations" by the United States Department of the Interior.

(b) "Indian tribe" means an Indian nation, tribe, band, or community recognized as an "Indian tribe" by the United States Department of the Interior.

(c) "Indian" means a person on the tribal rolls of the Indian tribe occupying an Indian reservation.

(2) What Indian reservations in Washington are recognized by the United States Department of the Interior? The following are the only Washington "Indian reservations" currently recognized as such by the United States Department of the Interior: Chehalis Confederated tribes, Colville Confederated tribes, Hoh tribe, Jamestown S'klallam tribe, Kalispell tribe, Lower Elwha Klallam tribe, Lummi Nation, Makah tribe, Muckleshoot tribe, Nisqually tribe, Nooksack tribe, Port Gamble S'klallam tribe, Puyallup tribe, Quileute tribe, Quinault Nation, Samish Nation, Sauk-Suiattle tribe, Shoalwater Bay tribe, Skokomish tribe, Spokane tribe, Squaxin Island tribe, Stillaguamish tribe, Suquamish tribe, Swinomish tribe, Tulalip tribes, Upper Skagit tribe, Yakama Nation.

(3) How does an Indian qualify for a motor vehicle excise tax exemption? To qualify for a motor vehicle excise tax exemption, an Indian shall:

(a) Be enrolled as a tribal member of a recognized Washington tribe;

(b) Have their principal residence within the boundaries of the Indian reservation of the tribe of which they are a member. Mobile homes, travel trailers and campers owned by Indians having their principal residence within the recognized Indian reservation, for the tribe in which they are duly registered on the tribal rolls, are exempt from payment of the mobile home, travel trailer and camper excise tax imposed by chapter 82.50 RCW; and

(c) Be a registered owner of the vehicle for which the exemption is requested.

(4) Are vehicles owned or leased by a governing body of an Indian tribe subject to motor vehicle excise tax? No. Vehicles owned or leased by a governing body of an Indian tribe are not subject to motor vehicle excise tax as provided in RCW 46.16.020 and 46.16.022. Mobile homes, travel trailers and campers owned by Indian tribes located on recognized Washington Indian reservations are exempt from payment of the mobile home, travel trailer and camper excise tax imposed by chapter 82.50 RCW.

(5) What documentation does the department require from a tribal member to qualify for a motor vehicle excise tax exemption? The department requires a properly completed affidavit of exemption on a form supplied or approved by the department. An affidavit for each vehicle must be submitted at the time the exemption is established and at the time of renewal if there is a change of address. The department may require such other proof of qualification for exemption, as it deems necessary.

(6) What information must be contained within the affidavit of exemption described in subsection (5) of this section? At the minimum, the affidavit of exemption must include the following:

(a) Description of the vehicle including the year and make and either the license plate number or the vehicle identification number;

(b) The registered owner's name, tribe, reservation and enrollment or Bureau of Indian Affairs number;

(c) The principal address of the registered owner as will be shown on the vehicle registration certificate;

(d) Signature of the registered owner;

(e) A certification of an authorized tribal authority representing the Indian reservation of the tribe of which the registered owner is a member. The certification must include a statement that the registered owner is an enrolled tribal member and that the address provided by the registered owner is within the boundaries of their reservation;

(f) The position or title of the tribal authority, their telephone number and their signature.

(7) Are there any types of vehicles for which the Indian excise tax exemption does not apply? No, the Indian excise tax exemption applies to all types of vehicles for which excise tax is due.

[Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110.  87-12-023 (Order TL/RG-34), 308-96A-400, filed 5/28/87.  Statutory Authority: RCW 82.44.020 and 82.44.060.  83-08-052 (Order 714-DOL), 308-96A-400, filed 4/1/83.]


AMENDATORY SECTION(Amending Order TL/RG-34, filed 5/28/87)

WAC 308-96A-410
Study fee.

((For the purpose of assessing the study fee as applied to motor vehicles in RCW 46.16.061, the term "motor vehicle" will not include nonpowered vehicles, nor those vehicles registering under chapter 46.09 or 46.10 RCW.  The study fee will be assessed at time of annual registration.)) (1) There is a study fee authorized by RCW 46.16.061. Are there any vehicles not subject to this study fee? For the purpose of assessing the study fee as applied to motor vehicles in RCW 46.16.061, the term "motor vehicle" will not include nonpowered vehicles, nor those vehicles registering under chapters 46.09 and 46.10 RCW, RCW 46.16.070 and 46.16.085.

(2) When is the study fee due? The study fee will be assessed at time of annual registration regardless of the number of months in the registration year.

[Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110.  87-12-023 (Order TL/RG-34), 308-96A-410, filed 5/28/87.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 308-96A-162 Permanent fleet registration.

Washington State Code Reviser's Office