WSR 02-07-014

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed March 8, 2002, 3:24 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-01-013.

Title of Rule: Chapter 308-96A WAC, Vehicle licenses -- Miscellaneous provisions for registration of vehicles.

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, 46.01.100, 46.16.060.

Summary: Amending WAC 308-96A-098 Surrender and disposition of license plates, 308-96A-161 Fleet registration, and 308-96A-275 Assignment of fleet registration expiration.

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: Lynda Henriksen, 125 Washington Street S.E., Olympia, (360) 902-3811.

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 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 April 30, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by April 29, 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 April 29, 2002.

Date of Intended Adoption: May 1, 2002.

March 7, 2002

D. McCurley, Administrator

Title and Registration Services

OTS-5524.1


AMENDATORY SECTION(Amending WSR 99-19-026, filed 9/8/99, effective 10/9/99)

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, 46.16.305, and 46.16.595 and dealer/manufacturer plates are required to be surrendered under chapter 308-66 WAC. Wreckers and scrap processors, hulk haulers ((shall)) must dispose of license plates according to WAC 308-65-120(4), and chapter ((308-65)) 308-63 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)) must surrender ((them)) it to the department of general administration for disposal under RCW 43.19.1919.

[Statutory Authority: RCW 46.01.110, 46.01.100 and 46.16.060. 99-19-026, 308-96A-098, filed 9/8/99, effective 10/9/99.]


AMENDATORY SECTION(Amending WSR 99-19-026, filed 9/8/99, effective 10/9/99)

WAC 308-96A-161   Fleet registration.   (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 (letter for letter and space for space); 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)) all currently registered for highway use; 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 (letter for letter and space for space); and

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

(3) How ((do I)) does one join the fleet program? Any owner who ((qualifies to participate in the fleet program)) meets the qualifications 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)) or

(d) Any vehicle not required to annually renew (Prorate vehicles cannot be part of this fleet program).

(5) ((When will)) Can the department remove me from the fleet program? Yes, the department will remove ((you)) a participant from the fleet program at ((your)) their request or if ((you fail to maintain)) the required minimum number of currently registered vehicles is not maintained for the chosen fleet program. The fleet identifier code will be automatically canceled and will cause removal of all of the ((owner's)) participant's vehicles from the chosen fleet program.

[Statutory Authority: RCW 46.01.110, 46.01.100 and 46.16.060. 99-19-026, 308-96A-161, filed 9/8/99, effective 10/9/99. 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 99-19-026, filed 9/8/99, effective 10/9/99)

WAC 308-96A-275   Assignment of fleet registration expiration.   (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, you will be charged for the number of month(('))s from the date of the current registration month to December 31st. The fees are abated to correspond with the number of months of registration purchased. 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, 46.01.100 and 46.16.060. 99-19-026, 308-96A-275, filed 9/8/99, effective 10/9/99. 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.]

Washington State Code Reviser's Office