PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-20-104.
Title of Rule: WAC 308-99-040 Vehicle reciprocity.
Purpose: Set forth vehicle registration requirements for out-of-state registered vehicles entering Washington for purposes of repair.
Statutory Authority for Adoption: RCW 46.85.060.
Summary: Amending WAC 308-99-040.
Reasons Supporting Proposal: Adoption will enhance economic well being of the state through the uninterrupted flow of commerce.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Art Farley, 2424 Bristol Court S.W., Olympia, WA 98506, (360) 664-1820.
Name of Proponent:
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule grants vehicle registration reciprocity to properly licensed vehicles registered in other states and Canadian Provinces if the vehicle is entering Washington solely for the purposes of vehicle repair. Conditions for granting reciprocity are set forth in the rule.
The granting of vehicle registration reciprocity to these vehicles will assist in facilitating the free flow of commerce into the state of Washington and enhance the economic well being of the state.
Proposal Changes the Following Existing Rules: WAC 308-99-040 is amended to set forth conditions for granting vehicle reciprocity.
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 does not impose more than a minor cost on businesses in an industry.
RCW 34.05.328 does not apply to this rule adoption. Department of Licensing policy review concludes this proposed rule is an interpretive rule, not a significant legislative rule subject to RCW 34.05.038 [34.05.328].
Hearing Location: Prorate and Fuel Tax Services, 3rd Floor Conference Room, 2424 Bristol Court S.W., Olympia, WA 98507, on December 27, 2002, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Art Farley by December 20, 2002, TDD (360) 664-8885 or (360) 664-1820.
Submit Written Comments to: Art Farley, e-mail afarley@dol.wa.gov, Prorate and Fuel Tax Services, P.O. Box 9036, Olympia, WA 98507, fax (360) 586-5905, by December 26, 2002.
Date of Intended Adoption: February 1, 2003.
November 18, 2002
Thao Manikhoth, Administrator
Prorate and Fuel Tax Services
OTS-6053.1
AMENDATORY SECTION(Amending WSR 00-20-064, filed 10/3/00,
effective 11/3/00)
WAC 308-99-040
Restrictions and conditions.
Is a
vehicle properly licensed or registered in another
jurisdiction able to be operated in Washington without further
registration requirements? Yes, as provided in RCW 46.85.060
and 46.85.080 the following conditions and restrictions apply:
(1) Nonresident students: The student must be in full-time attendance at an institution of higher learning in Washington accredited by the Northwest Association of Schools and Colleges or at a private vocational school as that term is defined by RCW 28C.10.020(7) and maintain their legal home of record at a location outside the state of Washington. Students' vehicles must be registered in their name or the name of their parent or legal guardian in the resident state of record. The student must carry, in the vehicle, documentation issued by the institution that readily establishes the nonresident status. Employment incidental to the full-time student status is permitted. The spouse of a nonresident student has the same licensing privilege as long as the vehicle is registered to the student or jointly to the student and spouse, regardless of the spouse's legal residence or employment.
(2) Nonresident military personnel: Vehicles must be currently registered in the name of the military person at his/her official home of record. A vehicle licensed at the last duty station may be operated until expiration of the registration at which time it must be licensed in the home of record or in Washington. The spouse of a nonresident military person has the same licensing privilege as long as the vehicle is registered to the military person or jointly to the military person and spouse, regardless of the spouse's legal residence or employment.
(3) Borrowed vehicle: A borrowed vehicle currently licensed in another jurisdiction may be operated by a Washington resident for a period not to exceed ten days in any one calendar year. If the period of use exceeds ten days the vehicle must be registered and licensed in Washington. This provision does not apply to business vehicles.
(4) Vehicles undergoing repairs: Commercial vehicles having a gross weight or combined gross weight of over 26,000 pounds and properly registered and licensed in another state or Canadian Province may enter Washington for purposes of repair under the following conditions:
(a) The vehicle must enter the state unladen and proceed immediately to the repair facility.
(b) The vehicle must immediately leave the state, unladen, upon completion of repairs.
(c) The vehicle cannot engage in any commercial activity while in Washington.
(d) The repair facility must be located within fifteen miles of the Washington border.
(e) While in Washington, the vehicle must carry the following documentation:
(i) An "out-of-state vehicle repair statement of fact." Blank forms are available from the department of licensing Internet site at www.gov.wa/dol.
(ii) A copy of the vehicle repair work order issued by the repair facility before the vehicle enters Washington.
(f) The repair facility must maintain a copy of the "out-of-state vehicle repair statement of fact" and vehicle repair work order for a period of five years. The repair facility must make the forms available for inspection by state agency representatives.
[Statutory Authority: RCW 46.01.110. 00-20-064, § 308-99-040, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 46.01.110, 46.16.276 and 46.85.060 as amended by 1987 c 142 § 4. 87-21-013 (Order TL/RG 37), § 308-99-040, filed 10/9/87. Statutory Authority: RCW 46.01.110. 87-01-029 (Order 800-DOL), § 308-99-040, filed 12/11/86. Statutory Authority: RCW 46.85.060. 86-02-056 (Order TL-RG-22), § 308-99-040, filed 12/31/85; 85-20-080 (Order TL/RG 17), § 308-99-040, filed 9/30/85. Statutory Authority: 1982 c 227 § 18 et seq. 83-19-009 (Order 729-DOL), § 308-99-040, filed 9/9/83. Formerly WAC 410-20-040.]