WSR 02-07-036

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed March 13, 2002, 9:25 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-24-095.

Title of Rule: Chapter 308-96A WAC, vehicles licenses, to include but not limited to WAC 308-96A-205, 308-96A-206, and 308-96A-220.

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-205 Gross weight -- Increasing declared gross weight, 308-96A-206 Gross weight -- Decreasing gross weight, and 308-96A-220 Gross weight -- Transfer of gross weight license to a replacement vehicle.

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 May 2, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by May 1, 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 May 1, 2002.

Date of Intended Adoption: May 15, 2002.

March 12, 2002

D. McCurley, Administrator

Title and Registration Services

OTS-5535.1


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

WAC 308-96A-205   Gross weight -- Increasing declared gross weight.   (1) ((May I increase the declared gross weight on my vehicle if the current declared gross weight is insufficient?

Yes, you may, by applying at any Washington vehicle licensing office.)) If my gross weight is insufficient, am I required to increase it? Yes, you are required to maintain sufficient gross weight to cover the weight of the vehicle and its load up to the legal weight limit of your vehicle. Any amount above the legal limit of the gross vehicle weight rating requires an overweight permit from the department of transportation.

(2) How do I increase my gross weight? You may purchase additional gross weight by applying at any Washington vehicle license office and surrendering the current gross weight license.

(3) What would the gross weight expiration date be when I increase the declared gross weight of my vehicle?

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

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

(((3))) (4) What ((will be)) is the start date of the new gross weight license? The start date of the new gross weight license remains the same as the current gross weight license.

((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))) (5) Will I receive credit for gross weight fees that I have already paid? Yes. 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 at the rate of the declared gross weight of the current gross weight license. However,)). Credit is given for the gross weight that has already been purchased:

(a) You must surrender the current gross weight license in order to receive credit.

(b) 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.

(c) You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135.

(((5))) (6) How many months gross weight ((fees will I be charged)) must I purchase when I increase the declared gross weight on my vehicle? You must purchase at least as many months as are remaining on the current gross weight license.

((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))) (5) of this section. You will also be charged for the permit fees as defined in RCW 46.16.135, when applicable, 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-205, 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-205, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-205, filed 5/28/87. 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-205, filed 5/5/86; Order MV-328, 308-96A-205, filed 7/24/75.]


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

WAC 308-96A-206   Gross weight -- Decreasing declared gross weight.   (1) May I decrease the declared gross weight on my vehicle?

Yes((, you may, by applying at any Washington vehicle licensing office)). If you decrease the declared gross weight, you must surrender the current gross weight license.

(2) When ((is the best time to)) may I decrease the declared gross weight on my vehicle? Any time during the registration year. However, decreasing the declared gross weight may result in a forfeiture of gross weight fees already paid. Unless you have been advised by law enforcement to decrease your declared gross weight, you may wait to decrease it until renewing your gross weight license.

((Unless you have been advised by law enforcement to decrease the declared gross weight on your vehicle, the best time is at the time you are purchasing gross weight. Decreasing the declared gross weight results in a forfeiture of gross weight fees paid, unless you purchase additional months within the same registration year.))

(3) What would the gross weight expiration date be when I decrease the declared gross weight of my vehicle? 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 start date of the new gross weight license? The start date of the gross weight license would remain the same as the current gross weight license.

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

(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 remaining and at the rate of the declared gross weight previously purchased for the period between the effective date of the change and the expiration date of the previously issued gross weight license. At the time of application, 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 previous gross weight license expiration date and the registration expiration date((.)):

(a) Credit may not be carried over to the next registration year and any credit still remaining after decreasing gross weight to the registration expiration date shall be forfeited((.));

(b) You must surrender the current gross weight license in order to receive credit((.));

(c) 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((.));

(d) You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135.

(6) May the credit of gross weight be applied to any other fee? No it may only be applied to gross weight.

(7) How many months gross weight ((fees will I be charged)) must I purchase when I decrease the declared gross weight of my vehicle? 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)) need to purchase the number of months 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, when applicable, 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-206, 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-206, 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-220   Gross weight -- Transfer of gross weight license to a replacement vehicle.   (1) May I transfer a gross weight license to a replacement vehicle? Yes, the gross weight license on a truck, tractor, or truck tractor may be transferred to a replacement vehicle ((if the amount of credit is fifteen dollars or more)).

(2) What qualifies as a replacement vehicle? A replacement vehicle ((must be)) is a truck, tractor, or truck tractor that is:

(a) A presently unlicensed vehicle belonging to the same owner; or

(b) A vehicle purchased for replacement ((which has either not been previously licensed for the current registration year)) that is presently unlicensed or has had its gross weight license retained by its former owner.

(3) What is an unlicensed vehicle? For the purposes of this section, a vehicle is considered unlicensed if the current gross weight license expires prior to the registration, or if the current gross weight license is not adequate for the load being carried.

(4) When may I transfer gross weight license to a replacement vehicle? ((A person)) You may transfer a gross weight license from one vehicle to a replacement vehicle when the previously licensed vehicle has been:

(a) Sold and the gross weight credit amount of fifteen dollars or more is retained;

(b) Destroyed;

(c) Reclassified so a gross weight license is no longer required;

(d) Registered in another jurisdiction;

(e) Involuntarily removed from the person's ownership by repossession, sheriff's sale, court order, chattel lien, landlord lien, abandoned vehicle sale; ((or))

(f) Stolen; or

(g) Removed from service by the owner.

Gross weight license may also be transferred to a replacement vehicle at the request of the owner.

(4) What ((will be the start date of the)) are the restrictions to transferring gross weight license when transferred to the replacement vehicle?

(((a) If the replacement vehicle is currently registered, the gross weight license start date will be the first day of the registration month in which the application for certificate of ownership is made.

(b) If the replacement vehicle is not currently registered, the gross weight license start date will be the day of application.

(c) If the replacement vehicle has been titled to the applicant for more than twelve months and the vehicle registration has been expired for less than one registration year, the gross weight license start date will be the same as described in (a) of this subsection.

(5))) The restrictions to transferring gross weight license are:

(a) The expiration date of the transferred gross weight license may not:

(i) Extend beyond the registration expiration date of the replacement vehicle;

(ii) Be used to extend the registration expiration date of the replacement vehicle.

(b) The gross weight license being transferred may not exceed the replacement vehicle's weight limitations as defined in chapter 46.44 RCW;

(c) The gross weight license being transferred must be 14,000 pounds or more;

(d) The amount of gross weight credit being transferred must be fifteen dollars or more;

(e) A transfer of gross weight license for the purposes of increasing the declared gross weight of the replacement vehicle must comply with the requirements of WAC 308-96A-205;

(f) You must surrender the current gross weight license in order to transfer gross weight license to a replacement vehicle.

(6) What would the new gross weight expiration date be?

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

(b) If the current 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 replacement vehicle registration expiration date.

(6) How many months gross weight fees will I be charged when I apply for transfer of ownership?

You will be charged for the number of months and at the rate of the declared gross weight being purchased for the period between the start date and the expiration date of the new gross weight license.)) The expiration date of the transferred gross weight license will be the same day of the month as the registration expiration date of the replacement vehicle. For example: If the registration expiration date of the replacement vehicle is July 15, the transferred gross weight license will expire on the fifteenth day of the month, depending on how many months gross weight license was transferred.

You may choose to purchase additional months of gross weight not to exceed the replacement vehicle registration expiration date.

(b) If the registration of a replacement vehicle as described in subsection (2)(b) of this section has expired, new registration and gross weight expiration dates will be assigned.

(7) Will I receive credit for gross weight fees that have already been paid? You will receive credit for the current and unused portions of the gross weight license already purchased. Any excess credit will be forfeited and will not be refunded.

((Yes, if the credit amount is fifteen dollars or more, you will receive dollar value credit for the number of full months from the date of application for the new gross weight license to the expiration of the current gross weight license and 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 provide an affidavit of loss and a statement from the applicant that the gross weight license has not been, or will not be, transferred with the vehicle to the new owner or to another vehicle. You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135. At the time of application, 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 previous gross weight license expiration date and the registration expiration date. Any credit still remaining after applying credit for gross weight to the replacement vehicle 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.))

[Statutory Authority: RCW 46.01.110, 46.16.070 and 46.16.135. 99-01-133, 308-96A-220, 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-220, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-220, filed 5/28/87. 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-220, filed 5/5/86; Order MV-328, 308-96A-220, filed 7/24/75.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office