Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-05-002.

     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, 46.16.335, 46.12.070, 46.16.276.

     Summary: Amending WAC 308-96A-046 Qualified veteran's free license, 308-96A-050 Nonresident member of the armed forces -- Plates displayed, 308-96A-056 Pearl Harbor survivor license plates, 308-96A-057 Purple Heart license plates, 308-96A-073 Antique vehicle -- Horseless carriage license plate, 308-96A-074 Antique vehicle -- Collector vehicle license plates, and 308-96A-530 Veteran remembrance license plate emblems.

     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, 1125 Washington Street S.E., Olympia, (360) 902-3811.

     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 July 10, 2002, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by July 9, 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 July 9, 2002.

     Date of Intended Adoption: August 1, 2002.

May 31, 2002

D. McCurley, Administrator

Title and Registration Services

OTS-5721.2

AMENDATORY SECTION(Amending WSR 00-01-151, filed 12/21/99, effective 1/21/00)

WAC 308-96A-046   Qualified veteran's free license.   (1) Who qualifies for the free licensing, authorized by RCW 73.04.110 and 46.16.305?

     (a) Disabled American veterans and former prisoners of war, as defined in RCW 73.04.110;

     (b) A veteran awarded the Congressional Medal of Honor as defined in RCW 46.16.305; and

     (c) Surviving spouses of a deceased former prisoner of war as defined in RCW 73.04.115, who is named as a registered owner, including lessees, may register and receive regular or special license plates for one personal use vehicle. The personal use vehicle is exempt from the annual license fee as defined in RCW ((46.16.060(1))) 46.16.0621. Other taxes and fees may apply.

     (2) What vehicles are considered personal use vehicles? For purposes of this section, "personal use vehicle" means passenger vehicles((, motor homes, motorcycles, and trucks rated at less than twelve thousand pounds gross weight)) as defined in WAC 308-96A-005 and not used for commercial purpose. ((This exemption cannot be applied to vehicles belonging to business.))

     (3) Will I be subject to other taxes and fees? Yes, other taxes and fees may apply depending on the type of license plate requested.

     (4) What must be provided to qualify for a veteran's free license? If the applicant is:

     (a) A disabled American veteran, ((they)) must provide a letter of eligibility from the Federal or Washington state veteran's administration or the branch of military service from which the veteran was discharged confirming disability under RCW 73.04.110 with the license plate application.

     (b) A former prisoner of war or a veteran awarded the Congressional Medal of Honor must provide a confirmation of eligibility from the Federal or Washington state veteran's administration or the branch of military service from which the veteran was discharged.

     (c) The surviving spouse of a deceased former prisoner of war may be issued a regular or special prisoner of war license plate even if the deceased had not been issued a plate under ((chapter 73.04)) RCW 73.04.115. In addition to confirming eligibility, the surviving spouse must furnish the following:

     (i) A ((certified)) copy of the death certificate of the deceased former prisoner of war; and

     (ii) An affidavit that the applicant is not currently married.

     (5) May I transfer my veteran ((free)) license plate to another qualifying vehicle? Yes, you may transfer your veteran ((free)) license plate to another vehicle by notifying the department and paying the appropriate transfer fees in effect.

     (((a) You must notify the department of the transfer and pay the transfer fees in effect; and

     (b) If transferring the license plate to an another vehicle, you must display the permanent tab issued by the department.))

     (6) If I choose to ((retain)) keep the vehicle from which the veteran ((free)) license plate was removed, do I need to register it? Yes, if you choose to continue to use the vehicle on the highway, the vehicle ((shall)) must be registered under chapter 46.16 RCW.

     (7) How do I dispose of the veteran ((free)) license plate if I no longer qualify? The veteran ((free)) license plate ((no longer in use)) must be ((surrendered to a vehicle licensing office or to the department within fifteen days)) disposed of as required by WAC 308-96A-098.

[Statutory Authority: RCW 46.01.110, 46.16.276 and 43.17.060. 00-01-151, § 308-96A-046, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.01.110. 97-07-013, § 308-96A-046, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, § 308-96A-046, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.01.110 and 46.12.070. 91-04-025, § 308-96A-046, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.110 and 46.16.276, 1987 c 98 § 1 and RCW 73.04.110 as amended by 1987 c 98 § 2. 88-01-010 (Order TL/RG 39), § 308-96A-046, filed 12/7/87. Statutory Authority: RCW 46.01.110. 85-15-059 (Order TL-RG-14), § 308-96A-046, filed 7/17/85. Statutory Authority: RCW 46.01.110 and 46.16.600. 84-21-130 (Order TL/RG-9), § 308-96A-046, filed 10/24/84. Formerly WAC 308-96A-045.]

     (((1))) (a) License plates issued from their official home of record (state of bona fide residence); or

     (((2))) (b) License plates issued from a foreign jurisdiction other than their official home of record until such time as that license registration is expired; or

     (((3))) (c) Washington license plates((; or

     (4) License plates issued by the military commonly referred to as USA registration)).

     After expiration of registration from a jurisdiction other than Washington you may maintain your registration in your home of record or obtain a Washington registration.

     (2) How long may I drive in Washington using my USA or European USA Registration (EUSAR) registration and license plates after the vehicle returns to the United States from a foreign country? Military personnel are to reregister their vehicle within thirty days of return to the United States.

[Statutory Authority: RCW 46.01.110, 46.16.276 and 43.17.060. 00-01-151, § 308-96A-050, filed 12/21/99, effective 1/21/00. 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-050, filed 5/5/86; Order MV-355, § 308-96A-050, filed 5/10/76; Order MV-328, § 308-96A-050, filed 7/24/75.]

     (2) What documentation does a Pearl Harbor survivor or surviving spouse need to submit to obtain Pearl Harbor survivor license plates? ((In addition to))

     (a) The Pearl Harbor survivor association certification required by RCW 46.16.305 (4)(e)((, Pearl Harbor survivors applying for these license plates shall submit:

     (a) Application for Pearl Harbor survivor license plate; and

     (b) An armed forces document showing date of induction and date of honorable discharge from the United States Armed Force; and

     (c) Proof of being a resident of this state)).

     (b) Surviving spouses must also submit a copy of the death certificate and an affidavit that the spouse is not remarried.

     (3) ((What documentation does a spouse of a deceased Pearl Harbor survivor need to submit to obtain Pearl Harbor survivor license plates?

     (a) If the deceased Pearl Harbor survivor was the recipient of Pearl Harbor survivor license plates, the surviving spouse shall submit:

     (i) Application for Pearl Harbor survivor license plates;

     (ii) A copy of the Pearl Harbor survivor's death certificate; and

     (iii) An affidavit that the applicant is not currently married.

     (b) If the deceased Pearl Harbor survivor was not the recipient of Pearl Harbor survivor license plates, the surviving spouse shall submit, in addition to the Pearl Harbor survivor association certification required by RCW 46.16.305 (4)(e):

     (i) Application for Pearl Harbor survivor license plates;

     (ii) A copy of the Pearl Harbor survivor's death certificate;

     (iii) An affidavit that the applicant is not currently married; and

     (iv) A copy of the decedent's armed forces document showing date of induction and date of honorable discharge from the United States Armed Forces.

     (4) How does)) May the spouse of a deceased Pearl Harbor survivor ((License plate recipient qualify to retain)) keep the Pearl Harbor survivor license plates? ((To retain the Pearl Harbor survivor license plates issued to the qualifying person, the surviving spouse must:

     (a) Be the legally recognized spouse of the qualifying person at the time of the death of the qualifying person and submit:

     (i) A copy of the Pearl Harbor survivor recipient's death certificate; and

     (ii) An affidavit that the applicant is not currently married;

     (b) Be a resident of the state of Washington;

     (c) Be an owner, co-owner, lessee, or co-lessee of the vehicle on which the Pearl Harbor survivor special license plate is or will be used; and

     (d) Not remarry. If the surviving spouse remarries, the Pearl Harbor survivor special license plate is invalid and must be removed from the vehicle.)) Yes. To keep the Pearl Harbor survivor license plates, the surviving spouse must provide a copy of the Pearl Harbor survivor's death certificate and an affidavit that the spouse is not remarried in addition to the requirements of RCW 46.16.305(4).

[Statutory Authority: RCW 46.01.110, 46.16.276 and 43.17.060. 00-01-151, § 308-96A-056, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.01.110. 97-07-013, § 308-96A-056, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110 and 46.12.070. 91-04-025, § 308-96A-056, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.100, 46.16.276 and 1987 c 44. 88-01-010 (Order TL/RG 39), § 308-96A-056, filed 12/7/87.]

     (2) Who may receive Purple Heart license plates? Any Washington resident who:

     (a) Has been awarded a Purple Heart medal by any branch of the United States Armed Forces, including the Merchant Marines and the Women's Air Forces Service Pilots;

     (b) Was wounded during one of this nation's wars or conflicts identified in RCW 41.04.005; and

     (c) Is an owner, co-owner, lessee, or co-lessee of ((the)) a vehicle ((on which the Purple Heart special)) requiring two license plates ((is or will be used)).

     (3) What documentation does a Purple Heart recipient need to submit to obtain Purple Heart license plates? Purple Heart recipients applying for these license plates ((shall)) must submit:

     (a) An application for Purple Heart license plates; and

     (b) ((An)) A copy of the armed forces document showing the recipient was awarded the Purple Heart medal.

     (4) ((How does)) May the spouse of a deceased Purple Heart recipient ((qualify to retain)) keep the Purple Heart license plates? Yes. To ((retain)) keep the Purple Heart license plates ((issued to the qualifying person,)) the surviving spouse must provide:

     (a) ((Be the legally recognized spouse of the qualifying person at the time of the death of the qualifying person and submit:

     (i))) A copy of the Purple Heart recipient's death certificate; and

     (((ii))) (b) An affidavit that the applicant is not currently married; and

     (((b) Be a resident of the state of Washington;

     (c) Be an owner, co-owner, lessee, or co-lessee of the vehicle on which the Purple Heart special license plate is or will be used; and

     (d) Not remarry.)) (c) If the surviving spouse remarries, the Purple Heart special license plate is invalid and must be removed from the vehicle.

     (5) When I am required to replace my Purple Heart license plate, will I receive the same license plate number/letter combination? Yes. At your request you will receive replacement Purple Heart license plates with the same number/letter combination as shown on the vehicle computer record.

[Statutory Authority: RCW 46.01.110, 46.16.276 and 43.17.060. 00-01-151, § 308-96A-057, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.01.110. 97-07-013, § 308-96A-057, filed 3/11/97, effective 4/11/97; 93-14-083, § 308-96A-057, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.01.110 and 46.16.335. 91-15-006, § 308-96A-057, filed 7/8/91, effective 8/8/91.]

     (iv) Operated primarily as a collector vehicle may apply to the department for a special horseless carriage license plate to be used in lieu of regular issue license plates.)) What vehicles qualify for a horseless carriage license plate? Any motor vehicle which is:

     (a) At least forty years old; and

     (b) Capable of being operated upon the highway; and

     (c) Currently registered in Washington; and

     (d) Operated primarily as a collector vehicle under RCW 46.16.307.

     (2) How is a horseless carriage license plate displayed? The horseless carriage license plate must be displayed on the rear of the vehicle for which it was issued. ((The horseless carriage license plate is not transferable to any other motor vehicle, but may stay with that vehicle upon transfer of ownership.))

     (3) If I sell my vehicle may I keep my horseless carriage license plate? Yes. You may keep the license plate but it is not transferrable to any other motor vehicle.

     (4) What additional fees are required to obtain a horseless carriage license plate? In addition to all other license fees required by law, the applicant must pay an additional license fee of thirty-five dollars for this horseless carriage license plate.

     (((4) Will I ever have to replace my horseless carriage license plates?)) (5) Are horseless carriage license plates subject to periodic replacement? No, the horseless carriage license plates are exempt from the ((seven-year)) vehicle license plate replacement schedule.

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, § 308-96A-073, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, § 308-96A-073, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110. 97-07-014, § 308-96A-073, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110 and 46.12.070 [46.16.335]. 91-04-025, § 308-96A-073, filed 1/29/91, effective 3/1/91.]

     (2) What vehicles qualify for a collector vehicle license plate? Any motor vehicle which is:

     (a) ((At least)) More than thirty years old; and

     (b) Capable of being operated upon the highway; and

     (c) Currently registered in Washington; and

     (d) Operated primarily as a collector vehicle ((may be issued a collector vehicle license plate)).

     (3) How is a collector vehicle license plate to be displayed? The collector vehicle license plate must be displayed on the rear of the vehicle for which it was issued. The collector vehicle license plate is not transferable to any other motor vehicle, but may stay with that vehicle upon transfer of ownership.

     (4) What additional fees are required to obtain a collector vehicle license plate? In addition to all other license fees required by law, the applicant must pay an additional license fee of thirty-five dollars for this collector vehicle license plate.

     (5) Are collector vehicle license plate(s) required to be replaced under RCW 46.16.233? No, the collector vehicle license plates are exempt from the periodic vehicle license plate replacement schedule.

     (6) What is a "restored license plate"? A restored license plate is a Washington state issued license plate designated for use in the year of the vehicle's manufacture. The restored license plate may be used instead of a collector vehicle license plate or horseless carriage license plate. The license plate must be restored to such a condition that it may be identified with its year of issue. Reproductions of the original are not acceptable for use as a restored license plate.

     ((This plate must be displayed on the vehicle for which it was issued and may be retained by the owner if the vehicle ownership changes. The owner must display the single plate on the rear of the vehicle. If the vehicle owner has two identical license plates, the second license plate may be displayed on the front of the vehicle.

     (6))) (7) How is a restored license plate to be displayed? The owner must display a single plate on the rear of the vehicle. If the vehicle owner has two identical license plates, the second license plate may be displayed on the front of the vehicle or on another vehicle.

     (8) If I sell my vehicle may I keep my restored license plate? Yes. You may keep the license plate if the vehicle ownership changes; however, it is not transferable to any other motor vehicle.

     (9) May I replace my restored license plate with another restored license plate? Yes, however, your vehicle record must be updated to reflect the new plate number before it is displayed on the vehicle.

     (10) What additional fees are required to have a restored license plate assigned to my vehicle? In addition to all other title and license fees required by law, you must pay an additional license fee of thirty-five dollars for the restored plate to be assigned to your vehicle. At the time a restored plate is assigned to a vehicle, the department ((may)) will require the certificate of ownership be submitted if that vehicle ((is)) does not already ((assigned)) have a "title purpose only" number.

     (((7) Will I ever have to replace my collector vehicle license plate? No, the collector vehicle license plates are exempt from the seven-year vehicle license plate replacement schedule.))

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, § 308-96A-074, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. 98-09-024, § 308-96A-074, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110. 97-07-014, § 308-96A-074, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110 and 46.12.070 [46.16.335]. 91-04-025, § 308-96A-074, filed 1/29/91, effective 3/1/91.]

     (a) Veteran remembrance vehicle license plate emblem with the words "U.S. VETERAN" (referred to as veteran emblem);

     (b) The United States flag waving on a staff without wording (referred to as the flag emblem); and

     (c) Campaign medal emblem authorized in RCW 46.16.319(3).

     (2) Who may purchase veteran remembrance emblems? Only ((registered owners authorized in)) persons qualified under RCW 46.16.319 (2) and (3) may purchase veteran remembrance license plate emblems.

     (3) When I purchase veteran remembrance license plate emblems what will I receive? In addition to a receipt, you will receive an emblem package including:

     (a) One US veteran emblem;

     (b) One US flag and campaign ribbon emblem; ((and)) or

     (c) ((One campaign ribbon emblem; or

     (d))) Two campaign ribbon emblems; or

     (((e))) (d) Two US flag emblems.

     (4) How much will I be charged for the veteran remembrance license plate emblem package? In addition to fees authorized in RCW 46.01.140 (5)(b), a fee of ten dollars is collected for each package.

     (5) ((How shall I affix my veteran remembrance license plate emblems?)) How are the emblems to be displayed on my license plate? In addition to the requirements and limitations in RCW 46.16.327:

     (a) The VETERAN emblem ((shall)) must be displayed between the bottom license plate bolt holes;

     (b) The FLAG emblem ((shall)) must be displayed to the left of the bottom left license plate bolt hole. When two FLAG emblems are displayed, one is displayed on the outside of each bottom license plate bolt hole. No more than two FLAG emblems may be affixed to any one license plate;

     (c) The CAMPAIGN emblem ((shall)) must be displayed to the right of the bottom right license plate bolt hole. When two CAMPAIGN emblems are displayed, one is displayed on the outside of each bottom license plate bolt hole. No more than two CAMPAIGN emblems may be affixed to any one license plate;

     (6) Do the veteran remembrance emblems on my front license plate have to match the emblems on the rear license plate? No, emblems displayed on the front license plate do not need to match emblems displayed on the rear license plate.

     (7) May I transfer my veteran remembrance license plate emblems to different vehicles? Veteran remembrance license plate emblems may be transferred to another vehicle only if they have been affixed to a specialized license plate which may be transferred to other vehicles. Otherwise, the veteran remembrance license plate emblems are transferred to the new owner of the vehicle upon transfer of ownership.

     (8) May I obtain a replacement or additional veteran remembrance license plate emblem package? You may ((obtain replacement veteran remembrance emblems)):

     (a) ((For the fee in subsection (4) of this section; or

     (b) For no fee if the original set of emblems purchased has become faded and nonrecognizable.

     (9) How may any vehicle license plate emblem other than veteran remembrance license plate emblems be displayed on a Washington vehicle license plate? Any vehicle license plate emblem other than veteran remembrance license plate emblems shall be displayed on vehicle license plates only at the bottom of the plate beneath the identification numbers/letters.)) If you choose to purchase an additional set, you will be charged the fee in subsection (4) of this section; or

     (b) When the original emblems become faded or unrecognizable, you may obtain a replacement set at no fee; or

     (c) When the license plates are replaced as required by the mandatory plate replacement law at no fee.

[Statutory Authority: RCW 46.01.110, 46.16.276 and 43.17.060. 00-01-151, § 308-96A-530, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.01.110. 91-03-091, § 308-96A-530, filed 1/18/91, effective 2/18/91.]

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