WSR 99-19-144

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 22, 1999, 8:27 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-13-149.

Title of Rule: Chapter 308-94 WAC, Snowmobiles and off-road and nonhighway vehicles, WAC 308-94-170 through 308-94-270.

Purpose: 1. Clarify the requirement to register off-road/nonhighway in a variety of situations.

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

Statutory Authority for Adoption: RCW 46.01.110.

Summary: Repealing WAC 308-94-170 Certificates of title, 308-94-181 Vehicles titled that are not eligible for road use, 308-94-191 Vehicles issued regular title and off-road use permits, 308-94-200 Off-road and nonhighway vehicle use permit period, 308-94-210 Off-road and nonhighway vehicle use permit not required--When, 308-94-220 Display of off-road and nonhighway vehicle use permit decal, 308-94-240 Validating tab--Display, 308-94-250 The off-road and nonhighway vehicle use permit must be carried on vehicle, 308-94-261 Temporary off-road and nonhighway vehicle use permit, 308-94-265 Off-road vehicle dealer permit and 308-94-270 Off-road vehicle dealer plates--Costs; and new sections WAC 308-94A-005 Certificates of ownership and registration, 308-94A-010 Annual off-road/nonhighway vehicle use permit period, 308-94A-015 Off-road/nonhighway vehicle use permit not required--When, 308-94A-020 Display of off-road/nonhighway vehicle use permit decals and validation tabs, 308-94A-025 Temporary off-road/nonhighway vehicle use permit application, and 308-94A-030 Off-road vehicle dealer plate--Cost.

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

Name of Agency Personnel Responsible for Drafting: Patrick Zlateff, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, (360) 902-4045.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rules explain the registration procedures and costs for the operation of a snowmobile in Washington state. The purpose is to clarify, simplify and delete parts that are no longer needed. The anticipated effects are clear procedures that are written in a more readable and understandable form.

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

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

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The content of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 107, 1125 Washington Street, Olympia, WA 98507, on October 28, 1999, at 10:30 a.m.

Assistance for Persons with Disabilities: Contact Pat Zlateff by October 27, 1999, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by October 27, 1999.

Date of Intended Adoption: November 20, 1999.

September 21, 1999

D. McCurley, Administrator

Title and Registration Services

OTS-3425.1


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 308-94-170 Certificates of title.
WAC 308-94-181 Vehicles titled that are not eligible for road use.
WAC 308-94-191 Vehicles issued regular title and off-road use permits.
WAC 308-94-200 Off-road and nonhighway vehicle use permit period.
WAC 308-94-210 Off-road and nonhighway vehicle use permit not required--When.
WAC 308-94-220 Display of off-road and nonhighway vehicle use permit decal.
WAC 308-94-240 Validating tab--Display.
WAC 308-94-250 The off-road and nonhighway vehicle use permit must be carried on vehicle.
WAC 308-94-261 Temporary off-road and nonhighway vehicle use permit.
WAC 308-94-265 Off-road vehicle dealer permit.
WAC 308-94-270 Off-road vehicle dealer plates--Cost.

OTS-3426.1

Chapter 308-94A WAC

OFF-ROAD AND NONHIGHWAY VEHICLES


NEW SECTION
WAC 308-94A-005
Certificates of ownership and registration.

(1) May I apply for a certificate of ownership for my off-road/nonhighway vehicle? Yes, you may apply for a certificate of ownership at your local vehicle licensing office or through the department.

(2) Do I have to purchase registration at the time of applying for certificate of ownership? No, if you choose not to purchase registration at the time of titling, your vehicle record will be established without a road or off-road/nonhighway vehicle registration.

(3) What are the different ways I may register my off-road/nonhighway vehicle? You may register your off-road/nonhighway vehicle in one of the following ways:

(a) You may purchase registration for off-road/nonhighway use if the manufacturer's statement of origin or certificate of ownership indicates the vehicle is not eligible for road use.

(b) If your vehicle qualifies for road use, you can purchase registration for use on the road as a motorcycle, passenger vehicle, truck, etc.; or

(c) If you are going to operate your vehicle where an off-road vehicle use permit or license is required, and your vehicle is licensed for road use, then you may purchase a temporary off-road vehicle permit for sixty days or annual off-road vehicle use permit (registration) and license without invalidating your regular road license. You are required to carry registrations on your person or on the vehicle and display license plate(s) with validating tabs assigned to those plates, and the decals with assigned validating tabs on the vehicle. The registrations may or may not expire at the same time.

(4) Where do I carry the off-road/nonhighway temporary or annual vehicle use permit? The off-road/nonhighway temporary or annual vehicle use permit must be carried on the vehicle on which it was assigned at all times. The permit may be carried by the operator on his or her person or in a moisture proof protective case attached to the vehicle. The use permit must be made available for inspection by any person having the authority to enforce the provisions of the Off-Road and Nonhighway Vehicle Act.

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NEW SECTION
WAC 308-94A-010
Annual off-road/nonhighway vehicle use permit period.

(1) How long is my annual off-road/nonhighway vehicle use permit valid? The registration year of the off-road/nonhighway annual use permit starts the day it is issued for the first time and expires the same day of the following year and is renewable annually on that date.

(2) Under what circumstances will the registration expiration date be changed? The registration expiration date shall change when:

(a) It has been expired for more than one year and there is no change in ownership;

(b) The registration is expired at the time ownership is transferred and the new owner applies for an off-road/nonhighway annual use permit;

(c) The registered owner requests a change of registration expiration month. This can only be done at the time of renewal and requires the registered owner to purchase more than twelve months of registration, limited to the vehicle field system constraints and tab availability; or

(d) The vehicle has subsequently been registered in another jurisdiction and:

(i) No change in ownership has occurred;

(ii) The off-road/nonhighway vehicle is being registered again in Washington; or

(iii) The previous Washington registration has expired for more than one year.

(3) Can I get a refund for my unused portion of my off-road/nonhighway annual use permit? No, there is no refund for the unused portion.

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NEW SECTION
WAC 308-94A-015
Off-road/nonhighway vehicle use permit not required--When.

When is an off-road/nonhighway vehicle use permit not required? A vehicle used exclusively within the exceptions set forth in RCW 46.09.050 is not required to obtain an off-road/nonhighway vehicle use permit. Owners of off-road/nonhighway vehicles, which have been converted to, and registered as snowmobiles shall not be required to obtain off-road/nonhighway vehicle use permits.

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NEW SECTION
WAC 308-94A-020
Display of off-road/nonhighway vehicle use permit decals and validation tabs.

(1) How do I display the assigned off-road/nonhighway vehicle use permit number and validation tabs on my vehicle? The off-road/nonhighway use permit number and validation tabs shall be displayed by:

(a) Affixing the decals provided by the department to the right and left side or on the front and rear of the off-road vehicle. The decals shall be visible at all times; or

(b) Painting the vehicle use permit number in a manner that is readily legible and visible at all times. The characters must be at least one-inch high with a minimum of one-eighth inch stroke and in a color contrasting with the background; and

(c) Reading from left to right; and

(d) Affixing the validation month tab issued by the department no more than two inches in front of the beginning of the annual use permit decal number; and

(e) Affixing the validation year tab no more than two inches following the last digit in the annual use permit decal number.

(2) If my off-road/nonhighway vehicle is registered for dual use, is the license plate required to be displayed? Yes, the license plate must be displayed in the same manner as required for highway use.

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NEW SECTION
WAC 308-94A-025
Temporary off-road/nonhighway vehicle use permit application.

What information does the department require when I apply for a temporary off-road/nonhighway vehicle use permit? An application for a temporary off-road/nonhighway vehicle use permit may include the following:

(1) Name and address of the applicant;

(2) Off-road or nonhighway vehicle plate or registration number if registered in another state;

(3) Make and year of vehicle;

(4) Expiration date of the foreign state registration;

(5) Vehicle identification number; and

(6) Appropriate fees.

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NEW SECTION
WAC 308-94A-030
Off-road vehicle dealer plate--Cost.

What is the cost of an off-road vehicle dealer's plate? An off-road vehicle dealer shall pay three dollars and fifty cents, plus the reflectorization fee, for each dealer plate ordered from the department.

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Washington State Code Reviser's Office