WSR 02-07-035

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed March 13, 2002, 9:23 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-17-060.

Title of Rule: Chapter 308-56A WAC, Certificates of title -- Motor vehicles, etc., to include but not limited to WAC 308-56A-500.

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 65.20.110.

Summary: Amending WAC 308-56A-500 Definitions and new WAC 308-56A-530 Vehicle brands.

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 April 25, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by April 24, 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 24, 2002.

Date of Intended Adoption: May 15, 2002.

March 12, 2002

D. McCurley, Administrator

Title and Registration Services

OTS-5310.2


AMENDATORY SECTION(Amending WSR 00-13-083, filed 6/20/00, effective 7/21/00)

WAC 308-56A-500   Definitions.   The definitions set forth in RCW 65.20.020 shall apply to WAC 308-56A-505. Terms used in chapters 46.12 and 46.16 RCW and this chapter shall have the following meanings except where otherwise defined, and unless where used the context thereof clearly indicates to the contrary:

(1) "Affixed" means attached.

(2) "Brands" means a notation on the certificate of ownership or vehicle registration certificate that records a special circumstance or condition involving a vehicle that stays with the vehicle registration or certificate of ownership.

Brands used by the department include, but are not limited to:

(a) Former exempt, as defined in RCW 46.16.020;

(b) Former for hire, as defined in RCW 46.72.010;

(c) Former taxicab, as described in RCW 46.72.010;

(d) Rebuilt as required in RCW 46.12.075, when a vehicle reported destroyed under RCW 46.12.070 and WAC 308-56A-460 meets the definition of salvage vehicle in RCW 46.12.005;

(e) Street rod as defined in RCW 46.04.571;

(f) Nonconformity uncorrected or safety defect uncorrected as defined in RCW 19.118.021 (13) and (18);

(g) Former rental, designation used on a certificate of ownership when a vehicle is removed from a rental fleet and sold as nonrental;

(h) Nonconformity corrected or safety defect corrected as defined in RCW 19.118.021 (13) and (18).

The department will carry forward all brands and jurisdiction codes shown on foreign certificates of ownership/titles. Brands that do not match Washington terminology or that are not listed below will be shown as "nonstandard." Brands carried forward from foreign certificates of ownership/titles may use the same terminology as a Washington brand, but may not have the same definition as the Washington brand. Other brands not used in Washington but carried forward from other jurisdictions are:

(i) Junk;

(ii) Destroyed;

(iii) Salvage.

Vehicles not reported to DOL as destroyed and sold using an insurance or wrecker bill of sale in lieu of a certificate of ownership/title will be branded in accordance with RCW 46.12.005 whether or not the vehicle had been reported as destroyed in any other jurisdiction.

(3) "Certificate of ownership" (or "title") is a legal document indicating proof of ownership.

(((3))) (4) "Commercial parking company" means any business directly engaged in providing vehicle parking upon property owned or controlled by the business and approved for public parking of vehicles.

(((4))) (5) "Department" means the same as described in RCW 46.04.162.

(((5))) (6) "Department temporary permit" is a permit temporarily issued in lieu of permanent registration and license plates when required documentation is unavailable.

(((6))) (7) "Involuntary divestiture" means a change in vehicle ownership without the registered owner's involvement.

(((7))) (8) "Joint tenancy with rights of survivorship" means owners who own a vehicle in joint tenancy with the right to own individually if one of them dies.

(((8))) (9) "Jurisdiction code" means an abbreviation assigned by the department generally based on the U.S. Postal Service designation that indicates state, province, district, or country.

(10) "Legal owner" means the same as described in RCW 46.04.270.

(((9))) (11) "Not eligible for road use" (NEFRU) means a vehicle that does not meet Federal Motor Vehicle Safety standards, other federal and/or state standards for public road use as adopted, applied, and enforced by the Washington state patrol described in RCW 46.37.005.

(12) "Person" means the same as described in RCW 46.04.405.

(((10))) (13) "Personal representative" means:

(a) An individual appointed by the court; or

(b) An individual named in the last will and testament and confirmed by the court to manage the estate of a deceased person.

Personal representative may also include executor, administrator, special administrator, and guardian or limited guardian and special representative as defined in RCW 11.02.005(1).

(((11))) (14) "Registered owner" means the same as described in RCW 46.04.460.

(((12))) (15) "Transferee" means a person to whom a vehicle is transferred, by purchase, gift, or any means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferee, when applicable.

(((13))) (16) "Transferor" means a person who transfers ownership in a vehicle by sale, gift, or any means other than by creation of a security interest and any person who, as agent, signs an odometer disclosure statement for the transferor, when applicable.

[Statutory Authority: RCW 65.20.110. 00-13-083, 308-56A-500, filed 6/20/00, effective 7/21/00; 00-06-004, 308-56A-500, filed 2/18/00, effective 3/20/00; 90-11-091, 308-56A-500, filed 5/18/90, effective 6/18/90.]


NEW SECTION
WAC 308-56A-530   Vehicles brands.   (1) What is a brand? For the purposes of this section a brand is a notation on the certificate of ownership or vehicle registration certificate that records a special circumstance or condition involving a vehicle.

(2) What brands are used by the department? Brands used by the department include, but are not limited to: Former exempt, former for hire, former taxicab, rebuilt, street rod, not eligible for road use, nonconformity or safety defect, as defined in WAC 308-56A-500.

Vehicles not reported to DOL as destroyed and sold using an insurance or wrecker bill of sale in lieu of a certificate of ownership/title will be branded in accordance with RCW 46.12.005 whether or not the vehicle had been reported as destroyed in any other jurisdiction.

The jurisdiction code will be identified as "XX."

(3) What brands does the department carry forward from other jurisdictions? In addition to the brands listed in subsection (2) of this section, the department will apply the following brands assigned by other jurisdictions together with the applicable jurisdiction code: Destroyed, salvage, junk. Any other brands assigned by another jurisdiction will be identified by the words "nonstandard."

(4) Why is a brand used? A brand is used in the circumstances above for consumer protection. The brand is used to inform any subsequent owners of the current or former condition or use of the vehicle.

(5) Will the department remove a brand? The department will only remove a brand if:

(a) The brand was applied in error; or

(b) A vehicle branded not eligible for road use has been modified according to the manufacturer specifications and federal and state standards in such a way to qualify the vehicle for highway use;

(c) The lemon law administrator certifies that a vehicle branded nonconformity uncorrected should be branded nonconformity corrected;

(d) The lemon law administrator certifies that a vehicle branded safety defect uncorrected should be branded safety defect corrected.

If a former rental brand was applied prior to the effective date of this rule, it will remain on the certificate of ownership and/or vehicle registration unless applied in error.

(6) Where are brands located on the documents? The brand is located in the comments/brands section of the certificate of ownership and vehicle registration. The "WA REBUILT" will show as a banner across the certificate of ownership.

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Washington State Code Reviser's Office