PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-10-055.
Title of Rule: Chapter 308-99 WAC.
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 46.01.110.
Summary: Repealing WAC 308-99-010, 308-99-021, 308-99-025, 308-99-030 and 308-99-050; and amending WAC 308-99-020, 308-99-040; and new section 308-99-060.
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: Deborah McCurley, 1125 Washington Street S.E., Olympia, 902-3754.
Name of Proponent: , governmental.
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 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.
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 April 28, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by April 27, 2000, TTY (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 April 27, 2000.
Date of Intended Adoption: May 23, 2000.
March 21, 2000
Deborah McCurley, Administrator
Title and Registration Services
OTS-3910.1
AMENDATORY SECTION(Amending Order TL/RG 37, filed 10/9/87)
WAC 308-99-020
Definitions.
(1) ((For the purposes of
vehicle license registration, a resident is a person who
manifests an intent to live or be located in this state on more
than a temporary or transient basis. Evidence of residency
includes but is not limited to:
(a) Becoming a registered voter in this state; or
(b) Receiving benefits under one of the Washington public assistance programs; or
(c) Declaring that he or she is a resident for the purpose of obtaining a state license or tuition fees at resident rates.
(2) "Military personnel" means active members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned officers of the Public Health Service, and members of foreign military organizations assigned to this state on official duty.
(3) "Jurisdiction" means a state, territory, or possession of the United States, the District of Columbia, or a state or province of a country.)) "Resident" means a person who resides in this state on more than a temporary or transient basis. Evidence of residency includes, but is not limited to:
(a) Becoming a registered voter in this state; or
(b) Receiving benefits under one of the Washington public assistance programs; or
(c) Claims this state as a residence for obtaining a Washington state hunting or fishing license or for eligibility to hold a public office.
(2) "Military personnel" means active members of the United States armed forces, commissioned officers of the Public Health Service, and members of foreign military organizations assigned to this state on official duty.
(3) "Jurisdiction" means a state, territory, or possession of the United States, the District of Columbia, or a state or province of a country.
(4) "Reciprocity" means an agreement with another jurisdiction granting mutual benefits, privileges, or exemptions from payment of vehicle registration fees. Reciprocity will only be extended to vehicles that are properly registered in another jurisdiction.
(5) "Washington public assistance program" is defined in RCW 46.16.028.
[Statutory Authority: RCW 46.01.110, 46.16.276 and 46.85.060 as amended by 1987 c 142 § 4. 87-21-013 (Order TL/RG 37), § 308-99-020, filed 10/9/87. Statutory Authority: RCW 46.85.060, 46.16.028 and 46.01.110. 86-14-016 (Order TL/RG 26), § 308-99-020, filed 6/24/86. Statutory Authority: RCW 46.85.060. 85-20-080 (Order TL/RG 17), § 308-99-020, filed 9/30/85. Statutory Authority: 1982 c 227 § 18 et seq. 83-19-009 (Order 729-DOL), § 308-99-020, filed 9/9/83. Formerly WAC 410-20-020.]
Is a vehicle
properly licensed or registered in another jurisdiction ((may))
able to be operated in Washington without further registration
requirements ((subject to the following conditions and
restrictions))? Yes, as provided in RCW 46.85.060 and 46.85.080
the following conditions and restrictions apply:
(1) ((Nonresident persons: Nonresident persons not employed
in this state may operate a vehicle in this state that is
currently licensed in another jurisdiction for a period not to
exceed six months in any continuous twelve-month period.
(2))) Nonresident students: The student must be in full-time attendance at an institution of higher learning in Washington accredited by the Northwest Association of Schools and Colleges or at a private vocational school as that term is defined by RCW 28C.10.020(7) and maintain their legal home of record at a location outside the state of Washington. Students' vehicles must be registered in their name or the name of their parent or legal guardian in the resident state of record. The student must carry documentation issued by the institution in the vehicle which readily establishes the nonresident status. Employment incidental to the full-time student status is permitted. The spouse of a nonresident student has the same licensing privilege as long as the vehicle is registered to the student or jointly to the student and spouse, regardless of the spouse's legal residence or employment.
(((3))) (2) Nonresident military personnel: Vehicles must
be currently registered in the name of the military person at
his/her official home of record. A vehicle licensed at the last
duty station may be operated until expiration of the registration
at which time it must be licensed in the home of record or in
Washington. The spouse of a nonresident military person has the
same licensing privilege as long as the vehicle is registered to
the military person or jointly to the military person and spouse,
regardless of the spouse's legal residence or employment.
(((4))) (3) Borrowed vehicle: A borrowed vehicle currently
licensed in another jurisdiction may be operated by a Washington
resident for a period not to exceed ten days in any one calendar
year. If the period of use exceeds ten days the vehicle must be
registered and licensed in Washington. This provision does not
apply to business vehicles.
(((5) Nonresident employed in Washington: Nonresident
persons employed in this state may operate vehicles not to exceed
12,000 pounds registered gross vehicle weight that are currently
licensed in another jurisdiction if no permanent, temporary, or
part-time residence is maintained in this state for a period
greater than six months in any continuous twelve-month period.
(6) Business vehicle: A vehicle or a combination of vehicles, not exceeding a registered gross or combined gross vehicle weight of 12,000 pounds, which is properly base licensed in another jurisdiction and registered to a bona fide business in that jurisdiction is not required to obtain Washington vehicle license registration except when such vehicle is owned or operated by a business or branch office of a business located in Washington.))
[Statutory Authority: RCW 46.01.110, 46.16.276 and 46.85.060 as amended by 1987 c 142 § 4. 87-21-013 (Order TL/RG 37), § 308-99-040, filed 10/9/87. Statutory Authority: RCW 46.01.110. 87-01-029 (Order 800-DOL), § 308-99-040, filed 12/11/86. Statutory Authority: RCW 46.85.060. 86-02-056 (Order TL-RG-22), § 308-99-040, filed 12/31/85; 85-20-080 (Order TL/RG 17), § 308-99-040, filed 9/30/85. Statutory Authority: 1982 c 227 § 18 et seq. 83-19-009 (Order 729-DOL), § 308-99-040, filed 9/9/83. Formerly WAC 410-20-040.]
If there is no agreement or arrangement to the contrary, are rental or leased vehicles eligible for vehicle license reciprocity in the state of Washington? No, except for the classes of vehicles and circumstances indicated below:
(1) Passenger cars and motorhomes currently and properly registered in another jurisdiction will be granted vehicle license reciprocity in this state if:
(a) The vehicle was rented by the vehicle operator from a location outside of the state of Washington; or
(b) The vehicle was dropped off in Washington by the previous renter and is being rented for a one-way trip out of Washington.
(2) Trailers and semitrailers with a gross vehicle weight in excess of 6,000 pounds, trucks, truck tractors, tractors, and road tractors that are currently and properly registered in other jurisdictions will be granted vehicle license reciprocity in this state if:
(a) The vehicle is rented from a location within another jurisdiction; and
(b) The vehicle registration certificate (cab card) or a photo copy thereof and a copy of the rental agreement is carried in the rental vehicle or in the vehicle providing the motive power for a combination of vehicles.
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The following sections of the Washington Administrative Code are repealed:
| WAC 308-99-010 | Applications. |
| WAC 308-99-021 | "Washington public assistance programs" criteria. |
| WAC 308-99-025 | Registration required. |
| WAC 308-99-030 | Basic policy defined. |
| WAC 308-99-050 | Commercial vehicle reciprocity. |