WSR 02-05-057

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed February 15, 2002, 2:34 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-24-114.

Title of Rule: Chapter 308-96A WAC, Vehicle licenses.

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, 46.16.070, 46.16.135.

Summary: Amending WAC 308-96A-201, 308-96A-207, and 308-96A-208.

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

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

Name of Proponent:

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 business 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 March 26, 2002, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by March 25, 2002, TTY (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Katherine Iyall Vasquez, Rules Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by March 25, 2002.

Date of Intended Adoption: April 19, 2002.

February 12, 2002

D. McCurley, Administrator

Title and Registration Services

OTS-5473.1


AMENDATORY SECTION(Amending WSR 99-01-133, filed 12/21/98, effective 1/21/99)

WAC 308-96A-201   Purchasing gross weight -- Expiration dates.   (1) What would the gross weight expiration date be if I purchase twelve thousand pounds or less?

The gross weight license expiration date must be the same as the registration expiration date. Gross weight fees must be paid for the same number of months as the registration.

(2) What would the gross weight expiration date be if I purchase fourteen thousand pounds or more?

You, the owner, have two options:

(a) If you choose to purchase twelve months gross weight, the expiration date of the gross weight is the same as the expiration date of the vehicle registration; or

(b) If you choose to purchase one to eleven consecutive months, the expiration date of the gross weight is the same day of the month as the expiration date of the vehicle registration. For example: If the vehicle registration expires March 9, monthly gross weight licenses will expire April 9, May 9, etc. Monthly gross weight may not be purchased beyond the vehicle registration expiration date.

(3) When renewing the registration((,)) and purchasing monthly gross weight, what is the effective date of my gross weight license?

The effective date of the gross weight license must be the first month the new registration is effective. Example: If the vehicle expiration is March 9, and the vehicle registration is purchased prior to April 9, the effective date is March ((9)) 10. If the registration is purchased June 15, the effective date is June ((9)) 10, etc. When there is a partial month between the requested effective date of the gross weight license and the expiration date of the gross weight license, gross weight fees shall be charged for a full month.

(4) If the vehicle registration expiration date is the thirty-first day of the month, what is the expiration date of the gross weight for those months having fewer than thirty-one days?

If the vehicle registration date is the thirty-first, the monthly gross weight will expire on the last calendar day of those months having fewer than thirty-one days.

[Statutory Authority: RCW 46.01.110, 46.16.070 and 46.16.135. 99-01-133, 308-96A-201, filed 12/21/98, effective 1/21/99. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-201, filed 1/2/92, effective 2/2/92.]


AMENDATORY SECTION(Amending WSR 99-01-133, filed 12/21/98, effective 1/21/99)

WAC 308-96A-207   Gross weight -- Changing from a farm use class to a nonfarm use class.   (1) When would I need to change my vehicle registration from a farm use class to a nonfarm use class?

You need to change your vehicle registration from a farm to nonfarm use class when the vehicle is no longer being used solely for farm purposes as defined in RCW 46.16.090.

(2) What would the gross weight expiration date be when I change my vehicle registration from a farm use class to a nonfarm use class? The expiration date of the gross weight license would remain the same as the current gross weight license.

(((a) If the declared gross weight is twelve thousand pounds or less, the gross weight expiration date will be the same as your vehicle registration expiration date; or

(b) If the declared gross weight is fourteen thousand pounds or more, the gross weight expiration date will remain the same as is currently in effect. You may choose to purchase additional months of gross weight not to exceed the vehicle registration expiration date.))

(3) What will be the start date of the gross weight license with the nonfarm use class?

The new gross weight license start date is the first day of the current registration month, as described in WAC 308-96A-201 (2)(b), or any subsequent registration month of the current gross weight license period.

(4) How many months gross weight must I purchase when I change my vehicle registration from farm to nonfarm? You must purchase at least as many months as are remaining on the current gross weight license. Credit will be given as provided in subsection (5) of this section. You will also be charged for the permit fees as defined in RCW 46.16.135, and additional gross weight fees in addition to all other fees required to license the vehicle.

(5) Will I receive credit for gross weight fees that I have already paid?

You will receive dollar value credit for the number of months ((from the start date of the new gross weight license to the expiration of the current gross weight license and)) remaining on the current gross weight license. The credit will be given at the rate of the declared gross weight ((of the current gross weight license.)); however, you must surrender the current gross weight license in order to receive credit. If the gross weight license is lost, stolen or destroyed, you must sign an affidavit of loss and a statement that the gross weight license has not been transferred to another vehicle. You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135.

(((5) How many months gross weight fees will I be charged when I change my vehicle registration from farm to nonfarm?

You will be charged for the number of months from the start date of the new gross weight license to the expiration of the new gross weight license at the rate of new declared gross weight amount and use class. Credit will be given as provided in subsection (4) of this section. You will also be charged for the permit fees as defined in RCW 46.16.135, in addition to all other fees required to license the vehicle.))

[Statutory Authority: RCW 46.01.110, 46.16.070 and 46.16.135. 99-01-133, 308-96A-207, filed 12/21/98, effective 1/21/99. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-207, filed 1/2/92, effective 2/2/92.]


AMENDATORY SECTION(Amending WSR 99-01-133, filed 12/21/98, effective 1/21/99)

WAC 308-96A-208   Gross weight -- Changing from a nonfarm use class to a farm use class.   (1) When may I change my vehicle registration from a nonfarm use class to a farm use class?

You may change your vehicle registration from a nonfarm to farm use class when the vehicle is being used solely for farm purposes as defined in RCW 46.16.090.

(2) When is the best time to change my vehicle registration from a nonfarm use class to a farm use class?

The best time to change your vehicle registration from a nonfarm to a farm use class is at the time you are purchasing gross weight((, because)). Changing use class from nonfarm to farm results in a forfeiture of gross weight fees paid((, unless)). You ((are increasing)) may increase your declared gross weight ((enough)) to make up the difference between the nonfarm and the farm gross weight fees if the increased gross weight does not exceed the maximum legal limit of the vehicle.

(3) What would the gross weight expiration date be when I change my vehicle registration from a nonfarm use class to a farm use class? The expiration date of the gross weight license would remain the same as the current gross weight license.

(((a) If the declared gross weight is twelve thousand pounds or less, the gross weight expiration date will be the same as your vehicle registration expiration date; or

(b) If the declared gross weight is fourteen thousand pounds or more, the gross weight expiration date will remain the same as is currently in effect. You may choose to purchase additional months of gross weight not to exceed the vehicle registration expiration date.))

(4) What will be the ((effective)) start date of the gross weight license ((with the)) be when I change my vehicle registration from nonfarm use class to a farm use class? The start date of the gross weight license would remain the same as the current gross weight license.

((The effective date will depend upon the date of application. If the application for a change in use class is made on the first day of a gross weight license month, the owner has the option of making the effective date of the change the day of application, or the first day of any gross weight license month already purchased. If the application for change in use class is made other than on the first day of the gross weight license month, the owner has the option of making the effective date the first day of any gross weight license month already purchased. The effective date may not be prior to the date of application.))

(5) How many months gross weight fees will I be charged when I change my vehicle registration from nonfarm to farm?

You will need to purchase the number of months remaining on the current gross weight license. Credit will be given as provided in subsection (6) of this section. You will also be charged for the permit fees as defined in RCW 46.16.135, in addition to all other fees required to license the vehicle.

(6) Will I receive credit for gross weight fees that I have already paid?

You will receive dollar value credit for the number of months and at the rate of the declared gross weight previously purchased for the period between the effective date of the change in use class and the expiration date of the previously issued gross weight license. At the time of application for change of use class from ((commercial)) nonfarm to farm, any excess credit accrued as a result of such change may be applied toward the payment of gross weight license fees for the gross weight license months between the ((commercial)) nonfarm gross weight license expiration date and the registration expiration date. Credit may not be carried over to the next registration year and any credit still remaining after purchasing gross weight license to the registration expiration date shall be forfeited. You must surrender the current gross weight license in order to receive credit. If the gross weight license is lost, stolen or destroyed, you must sign an affidavit of loss and a statement that the gross weight license has not been transferred to another vehicle. You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135.

(((6) How many months gross weight fees will I be charged when I change my vehicle registration from nonfarm to farm?

You will be charged for the number of months from the start date of the new gross weight license to the expiration of the new gross weight license at the rate of new declared gross weight amount and use class. Credit will be given as provided in subsection (5) of this section. You will also be charged for the permit fees as defined in RCW 46.16.135, in addition to all other fees required to license the vehicle.))

[Statutory Authority: RCW 46.01.110, 46.16.070 and 46.16.135. 99-01-133, 308-96A-208, filed 12/21/98, effective 1/21/99. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-208, filed 1/2/92, effective 2/2/92.]

Washington State Code Reviser's Office