Original Notice.

Preproposal statement of inquiry was filed as WSR 00-07-092.

Title of Rule: Chapter 308-56A WAC, Certificates of title -- Motor vehicles, etc., applications for vehicle ownership, WAC 308-56A-010, 308-56A-015, 308-56A-020, 308-56A-023, and 308-56A-090.

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, 46.12.101.

Summary: Amending WAC 308-56A-010, 308-56A-020, 308-56A-021, and 308-56A-090; and repealing WAC 308-56A-015, 308-56A-022, and 308-56A-023.

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: Deborah McCurley, 1125 Washington Street S.E., Olympia, 902-3754; and Enforcement: Eric Anderson, 1125 Washington Street S.E., Olympia, 902-4045.

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 September 13, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by September 12, 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 September 12, 2000.

Date of Intended Adoption: October 3, 2000.

August 2, 2000

Deborah McCurley, Administrator

Title and Registration Services

OTS-4197.1

AMENDATORY SECTION(Amending WSR 98-12-099, filed 6/3/98, effective 7/4/98)

WAC 308-56A-010
Title purpose only and no title issued.

((The department may issue a certificate of ownership for a vehicle without a certificate of registration for:

     (1) Vehicles required to display valid vehicle number license plates prior to operating on the public highway pursuant to chapter 46.16 RCW;

     (2) Farm tractors or farm equipment;

     (3) Off-road vehicles (ORV) whether or not required to obtain an ORV use permit;

     (4) Golf carts and dune buggies whether or not equipped for legal highway use;

     (5) Off highway equipment that may be moved upon public highways by special permits.)) (1) May I obtain a certificate of ownership for my vehicle even if I do not want or need to register it? You may obtain a certificate of ownership for your vehicle without a certificate of registration for:

     (a) Vehicles which are normally registered under chapter 46.16 RCW but will not be operated on the public highways;

     (b) Farm tractors or farm equipment as defined in RCW 46.04.180 and 46.04.181;

     (c) Off-road vehicles (ORV) as defined in RCW 46.09.020 whether or not required to obtain an ORV use permit;

     (d) Golf carts and dune buggies whether or not equipped for legal highway use;

     (e) Off highway equipment that may be moved upon public highways under authority of special permits.

     (2) If I obtain a certificate of ownership for title purpose only (TPO), may I register my vehicle at a later date? Your vehicle may be registered for use on the public highways in accordance with chapter 46.16 RCW.

     (3) May I register my vehicle without obtaining a certificate of ownership? Your vehicle may be registered when certain conditions prevent a Washington certificate of ownership from being issued, such as:

     (a) A secured party will not surrender an out-of-state certificate of ownership; or

     (b) Registration is required in Washington state and certificate of ownership and registration are required by another state.

     (c) Ownership in doubt (registration only) under WAC 308-56A-210.

     (d) Registration of a snowmobile under chapter 46.09 RCW.

[Statutory Authority: RCW 46.01.110 and 46.12.101.      98-12-099, § 308-56A-010, filed 6/3/98, effective 7/4/98.      Statutory Authority: RCW 46.01.110.      92-15-024, § 308-56A-010, filed 7/6/92, effective 8/6/92; Order MV 208, § 308-56A-010, filed 7/31/74.]

((An application for certificate of ownership is required when:

     (1) A person purchases a new vehicle;

     (2) There is a change of ownership due to:

     (a) Sale;

     (b) Gift;

     (c) Inheritance;

     (d) Trade;

     (e) Addition or deletion of a registered owner;

     (f) Proprietorship, partnership or individuals forming a corporation, whether or not the business name is changing;

     (g) Proprietorship, partnership or individuals purchasing a corporation which will no longer be operated as a corporation, whether or not the business name is changed;

     (h) Court order; or

     (i) Repossession.

     (3) There is a name change of:

     (a) The registered owner;

     (b) The lienholder; or

     (c) A business entity as shown on the current certificate of ownership.

     (4) There is no change in the registered owner of the vehicle but the title needs to be reissued because:

     (a) A lien has been satisfied and the lienholder's name needs to be removed;

     (b) A lienholder's name needs to be added. If a secondary lienholder is being added, the address of only the primary lienholder will be recorded;

     (c) There is a change in lienholders;

     (d) The vehicle is assembled or has had a glider kit installed;

     (e) The vehicle is a motorcycle and the engine has been replaced;

     (f) There has been a structural change, as defined in WAC 308-56A-150 (1)(e), in the vehicle, other than changing the bed of a truck; or

     (g) The vehicle identification number needs to be corrected.      (5) The vehicle has been reported destroyed by an insurance company. Title procedures are in WAC 308-56A-460.

     (6) The vehicle has been reported destroyed by the owner, or a wrecker and is subsequently sold and licensed.)) When is an application for certificate of ownership required? In addition to the requirements set forth in chapter 46.12 and 46.16 RCW an application for certificate of ownership is required when:

     (1) A person purchases a vehicle requiring registration or titling in Washington and:

     (a) You apply for vehicle registration on a vehicle that has not been previously in this state;

     (b) You apply for vehicle registration for a vehicle which has most recently been titled and/or registered in another jurisdiction and registration is being established in Washington. If the vehicle will remain titled in another jurisdiction, no Washington certificate of ownership will be issued.

     (2) There is a change of vehicle ownership on a Washington certificate of ownership due to:

     (a) Sale;

     (b) Gift-donation;

     (c) Inheritance;

     (d) Trade;

     (e) Addition or deletion of a registered owner;

     (f) Proprietorship, partnership or individuals forming a corporation, whether or not the business name is changing;

     (g) Proprietorship, partnership or individuals purchasing a corporation which will no longer be operated as a corporation, whether or not the business name is changed;

     (h) Court order;

     (i) Repossession;

     (j) Transferring vehicle to a trust; or

     (k) Adding/removing a lease on a vehicle.

     (3) There is a name change of the registered owner, whether individual(s) or a business entity.

     (4) There is no change in the registered owner of the vehicle but the certificate of ownership needs to be reissued because:

     (a) A lienholder's name needs to be added. If a secondary lienholder is being added, the address of only the primary lienholder will be recorded;

     (b) The vehicle is assembled, has had a glider kit installed or is a street rod;

     (c) The vehicle engine has been replaced (motorcycles only);

     (d) There has been a structural change, as defined in WAC 308-56A-150 (1)(e), in the vehicle, other than changing the bed of a truck; or

     (e) The vehicle identification number needs to be corrected.

     (5) The vehicle has been reported destroyed by an insurance company. Title procedures are in WAC 308-56A-460.

     (6) The vehicle has been reported destroyed by the owner or a wrecker and is subsequently sold and licensed.

     (7) The most recent Washington certificate of ownership has been lost, destroyed, or mutilated and a replacement is desired.

[Statutory Authority: RCW 46.01.110 and 46.12.101.      98-12-099, § 308-56A-020, filed 6/3/98, effective 7/4/98; Order MV 208, § 308-56A-020, filed 7/31/74.]

(((1) Penalty fees are assessed beginning on the 16th day from the date of sale as shown on the certificate of ownership, except when:

     (a) There is a court order awarding ownership in the vehicle, the department uses the effective date of the court order;

     (b) The vehicle was delivered after the date indicated on the supporting documents;

     (c) There are conflicting dates on supporting documents;

     (d) There is no date on the certificate of ownership or other supporting documents; or

     (e) The date on the certificate of ownership has been altered.

     (2) Subsection (1)(a) through (e) of this section require the applicant to sign an affidavit attesting to the actual date of delivery.)) (1) Are there exceptions to a penalty fee being assessed for late application for certificate of ownership beginning on the 16th day from the date of sale as described in RCW 46.12.101(6)? Yes, if:

     (a) The vehicle was received by the purchaser after the date of sale indicated on the supporting documents;

     (b) There are conflicting dates on supporting documents;

     (c) There is no date on the certificate of ownership or other supporting documents;

     (d) The date on the certificate of ownership has been altered;

     (e) The purchaser is incarcerated or sequestered by a judiciary system;

     (f) The purchaser files a seller's report of sale thinking they have filed an application to transfer certificate of ownership;

     (g) A purchaser fails to transfer ownership prior to selling the vehicle and the applicant can prove they have purchased the vehicle within fifteen days of making application; or

     (h) The director determines other reasons are valid. Subsection (2)(a) through (h) of this section require the applicant to sign an affidavit attesting to the actual date of delivery.

     (2) When are penalty fees for late application for certificate of ownership not assessed? Penalty fees are not assessed for late application for certificate of ownership under the following conditions:

     (a) The vehicle is not motorized;

     (b) The vehicle is sold by a Washington dealer (dealer report of sale box on the application is completed);

     (c) A Washington record cannot be found;

     (d) Department of licensing records indicate the vehicle has been destroyed;

     (e) The vehicle is being titled as home made or assembled for the first time;

     (f) The vehicle is acquired as a result of:

     (i) Inheritance or community property;

     (ii) Divorce settlement;

     (iii) Other legal action affecting ownership of the vehicle;

     (g) The vehicle is a snowmobile; or

     (h) The director determines other reasons are valid.

[Statutory Authority: RCW 46.01.110 and 46.12.101.      98-12-099, § 308-56A-021, filed 6/3/98, effective 7/4/98.      Statutory Authority: RCW 46.01.110 and 46.12.101 as amended by 1987 c 127 § 1.      87-21-012 (Order TL/RG/36), § 308-56A-021, filed 10/9/87.]

((Any business entity requesting the name or address of a vehicle owner pursuant to RCW 46.12.380 shall submit a completed form provided by the department and furnish verification of its identity as a business entity.      For purposes of this section, acceptable verification includes:

     (1) Licensed Washington businesses shall provide a copy of their current Washington master business license; or

     (2) Businesses not required to be licensed in this state shall provide their Federal Employer Identification Number on their official letterhead with a notarized signature of the owner or their authorized representative; or

     (3) Out-of-state businesses not licensed in Washington shall provide:

     (a) A copy of their current business license issued by the out-of-state jurisdiction where the business entity is authorized to do business; or

     (b) Their Federal Employer Identification Number on their official letterhead with a notarized signature of the owner or their authorized representative.

     (4) In addition to the requirements in subsections (1), (2) and (3) of this section:

     (a) An attorney shall also provide a copy of their bar card; and

     (b) A private investigator shall also provide a copy of their private investigator's license.

     (5) A business entity which has entered into a written agreement with the department need not provide a separate written request for each inquiry.)) (1) What vehicle record information is protected under chapters 42.17 and 46.12 RCW? Information protected under chapters 42.17 and 46.12 RCW includes:

     (a) Name and address information;

     (b) Social Security numbers;

     (c) Medical or disability information;

     (d) Telephone numbers.

     (2) Who may obtain vehicle owner information on individual vehicle records? The following may obtain vehicle owner information:

     (a) Individuals:

     (i) For vehicles currently registered in their name; or

     (ii) For vehicles they can provide a bill of sale or document indicating that they purchased the vehicle; and

     (iii) Provide personal identification.

     (b) Businesses;

     (c) Private investigators;

     (d) Attorneys; and

     (e) Government agencies.

     (3) What information may be disclosed about a vehicle? The following information may be disclosed:

     (a) To individuals:

     (i) Odometer history;

     (ii) Total number of previous owners;

     (iii) Foreign titles issued; and

     (iv) Insurance destroyed in or reported to Washington.

     (b) To businesses, private investigators, attorneys, and government agencies, information relating to their course of business.

     (4) What needs to be provided to the department in order to obtain vehicle information? To obtain vehicle information:

     (a) Individuals are required to submit their request to the department.

     (b) Washington businesses must provide:

     (i) A completed form provided by the department; and

     (ii) A copy of their current Washington master business license for Washington licensed businesses; or

     (iii) Their Federal Employer Identification Number on their official letterhead with a notarized signature of the owner or their authorized representative for businesses not required to be licensed in Washington.

     (c) Out-of-state businesses must provide a completed form provided by the department; and

     (i) A copy of their current business license issued by the foreign jurisdiction where the business is authorized to do business; or

     (ii) Their Federal Employer Identification Number on official letterhead with a notarized signature of the owner or their authorized representative for the foreign business not licensed in the foreign jurisdiction.

     (d) Private investigators must provide a completed form provided by the department and a copy of their private investigator's license.

     (e) Attorneys must provide a completed form provided by the department and a copy of their bar card or business license.

     (5) Does a business need to supply a new form and copy of the business license each time vehicle information is requested? Yes, each time a request is made for vehicle information a new form and copy of the business license is needed, unless a contract exists between the business and the department.

     (6) Are businesses allowed individual owner information on vehicle records? Yes, if a business qualifies under RCW 46.12.380 and 18.USC 27.21, (commonly known as Driver Privacy Protection Act) they may receive individual vehicle owner information.

[Statutory Authority: RCW 46.01.110 and 46.12.101.      98-12-099, § 308-56A-090, filed 6/3/98, effective 7/4/98.      Statutory Authority: RCW 42.17.250(1), 46.01.110, 46.12.151 and 46.12.380.      96-03-047, § 308-56A-090, filed 1/11/96, effective 2/11/96.      Statutory Authority: RCW 46.01.110 and 88.02.070.      91-03-088, § 308-56A-090, filed 1/18/91, effective 2/18/91.]

     The following sections of the Washington Administrative Code are repealed:

WAC 308-56A-015	No title issued.
WAC 308-56A-022	Conditions under which penalty fees are not assessed.
WAC 308-56A-023	Conditions under which penalty fees may be waived.

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