WSR 02-18-014

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed August 22, 2002, 10:10 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-15-117.

Title of Rule: Chapter 308-93 WAC, Vehicle registration and certificates of title.

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 88.02.070, 88.02.100.

Summary: New WAC 308-93-276 Vessel seller report of sale.

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: Jim Booker, 1125 Washington Street S.E., Olympia, (360) 902-3680.

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 November 12, 2002, at 10:30 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by November 11, 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 November 11, 2002.

Date of Intended Adoption: November 25, 2002.

August 21, 2002

Katherine Vasquez

for D. McCurley, Administrator

Title and Registration Services

OTS-5910.1


NEW SECTION
WAC 308-93-276   Vessel seller's report of sale.   (1) What is a vessel seller's report of sale? A vessel seller's report of sale is a document or electronic transaction that protects the seller of a vessel from certain criminal and civil liabilities arising from use of the vessel by another person after the vessel has been sold or a change in ownership has occurred.

(2) Who must file a vessel seller's report of sale? With the exception of certain vessel transfers by registered Washington vessel dealers, Washington law (RCW 46.12.101) requires submission of a vessel seller's report of sale by any person or business that transfers their interest in a Washington titled vessel to anyone else. For the purposes of this rule, transferring interest includes, but is not limited to, selling, gifting, trading or disposing of your vessel, but does not include the creation, deletion, or change of a security interest.

(3) When must a vessel seller's report of sale be filed? Vessel seller's report of sale must be submitted within five days of the date of sale, gift, trade or other disposition of the vessel, excluding Saturdays, Sundays, and state and federal holidays.

(4) Who is the seller? The seller is the current registered owner of record according to the computer file kept by the department and the person filling out and submitting the vessel report of sale form.

(5) Why complete and file a vessel seller's report of sale? It is in the seller's best interest to file the properly completed vessel seller's report of sale to protect the seller in the event the buyer does not make application for ownership and then accumulates moorage charges, towing charges, is involved in an uninsured accident or used in illegal activity, etc.

Vessel seller's report of sale received by the department of licensing that are incomplete will be filed with the department; however, those that do not meet the requirements of the law may not protect the seller from any civil or legal action if the vessel is subsequently abandoned or involved in illegal activity.

(6) Who is the purchaser? The purchaser is the person who bought, received as a gift, obtained through a trade or received a disposed vessel.

(7) What information is required on the vessel seller's report of sale? You are required to provide the following information:

(a) The date of the sale or transfer;

(b) Name(s) and address of seller;

(c) Name(s) and address of transferee (buyer);

(d) Description of vessel including:

(i) Vessel identification number; and

(ii) Vessel registration number.

(8) How do I file my vessel seller's report of sale? You may file your seller's report of sale in the following ways:

(a) Through your local vehicle licensing office;

(b) Mail it to the department;

(c) Through the Internet.

(9) Is there a fee for recording a vessel seller's report of sale? Yes. It applies when a report of sale is filed through your local vehicle licensing office as authorized by RCW 46.01.140 (5)(b).

(10) May a vessel seller's report of sale be removed from my vessel record? Yes. As a registered owner, you may have a vessel seller's report of sale removed from your vessel record through your local vehicle licensing office, or by notifying the department in writing. You will need to provide the reason you are removing the report of sale from your vessel record.

(11) How will I prove that I filed a vessel seller's report of sale?

(a) When you file a vessel seller's report of sale at any Washington vehicle licensing office or on line, you will be provided with a receipt showing:

(i) Date the report of sale was filed;

(ii) Description of vessel;

(iii) Name and address of agent/subagent where filed;

(iv) Date of sale;

(v) Purchase price;

(vi) Name(s) and address of seller;

(vii) Name(s) and address of transferee (buyer).

(b) When you file a vessel seller's report of sale on line, you will be provided a receipt showing:

(i) Date the report of sale was filed;

(ii) Description of vessel;

(iii) Date of sale;

(iv) Purchase price;

(v) Name(s) and address of seller;

(vi) Name(s) and address of transferee (buyer).

When you mail a vessel seller's report of sale to the department you will not receive a confirmation or receipt; you may wish to make a photocopy of the report of sale for your records prior to sending it to the department.

Washington law makes it clear that it is a felony to knowingly make a false statement of fact. The penalty, upon conviction, shall be a fine of not more than five thousand dollars or imprisonment of not more than ten years, or both the fine and imprisonment. (RCW 46.12.210.)

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Washington State Code Reviser's Office