Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-05-019.

     Title of Rule: Chapter 308-56A WAC, Certificates of title -- Motor vehicles, etc.

     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.

     Summary: Amending WAC 308-56A-020 Application for certificate of ownership required, 308-56A-030 Owner name and address -- Application for certificate of ownership, 308-56A-040 Name and address -- Address, 308-56A-056 Names separated by the words "and," "or" or the slash symbol "/," 308-56A-060 Ownership in joint tenancy, 308-56A-110 New vehicles -- Manufacturer's statement/certificate of origin, 308-56A-115 Vehicles from jurisdiction other than Washington, 308-56A-150 Certificate of vehicle inspection, 308-56A-210 Ownership in doubt, and 308-56A-295 Vehicle sold -- Reported stolen -- Liability if abandoned.

     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 January 29, 2003, at 1:30 p.m.

     Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez, 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 January 28, 2003.

     Date of Intended Adoption: February 19, 2003.

December 4, 2002

D. McCurley, Administrator

Title and Registration Services

OTS-6078.1

AMENDATORY SECTION(Amending WSR 00-20-065, filed 10/3/00, effective 11/3/00)

WAC 308-56A-020   Application for certificate of ownership required.   When is an application for certificate of ownership required? In addition to the requirements set forth in chapter 46.12 and 46.16 RCW an application for certificate of ownership is required when:

     (1) ((A person purchases a vehicle requiring registration or titling in Washington and:

     (a) You apply for vehicle registration on a vehicle that has not been previously in this state;

     (b) You)) There is a change of vehicle ownership on a Washington certificate of ownership due to:

     (a) Sale;

     (b) Gift-donation;

     (c) Inheritance;

     (d) Trade;

     (e) Addition or deletion of a registered owner;

     (f) Proprietorship, partnership or individuals forming a corporation, whether or not the business name is changing;

     (g) Proprietorship, partnership or individuals purchasing a corporation which will no longer be operated as a corporation, whether or not the business name is changed;

     (h) Court order;

     (i) Transferring vehicle to a trust;

     (j) Repossession; or

     (k) Adding/removing a lease on a vehicle.

     (2) Apply for ((vehicle)) registration ((for)) of a vehicle which has most recently been titled and/or registered in another jurisdiction and only registration is being established in Washington. If the vehicle will remain titled in another jurisdiction, no Washington certificate of ownership will be issued.

     (((2) There is a change of vehicle ownership on a Washington certificate of ownership due to:

     (a) Sale;

     (b) Gift-donation;

     (c) Inheritance;

     (d) Trade;

     (e) Addition or deletion of a registered owner;

     (f) Proprietorship, partnership or individuals forming a corporation, whether or not the business name is changing;

     (g) Proprietorship, partnership or individuals purchasing a corporation which will no longer be operated as a corporation, whether or not the business name is changed;

     (h) Court order;

     (i) Repossession;

     (j) Transferring vehicle to a trust; or

     (k) Adding/removing a lease on a vehicle.))

     (3) There is a name change of the registered owner, whether individual(s) or a business entity.

     (4) ((There is no change in the registered owner of the vehicle but the certificate of ownership needs to be reissued because:

     (a) A lienholder's name needs to be added. If a secondary lienholder is being added, the address of only the primary lienholder will be recorded;

     (b))) Adding or changing a lien holder.

     (5) The vehicle is assembled, has had a glider kit installed or is a street rod((;)).

     (((c))) (6) The ((vehicle)) motorcycle engine has been replaced((;)).

     (((d))) (7) The vehicle has been changed or modified to accept a fuel other than that shown on the outstanding certificate of ownership.

     (8) There has been a structural change, as defined in WAC 308-56A-150 (1)(((e)))(d), other than changing the bed of a truck((; or)).

     (((e))) (9) The vehicle identification number needs to be corrected.

     (((5))) (10) The vehicle has been reported destroyed by an insurance company wrecker, or vehicle owner(s) and new certificate of ownership is requested. Title procedures are in WAC 308-56A-460.

     (((6) The vehicle has been reported destroyed by the owner or a wrecker and is subsequently sold and licensed.))

[Statutory Authority: RCW 46.01.110 and 46.12.101. 00-20-065, § 308-56A-020, filed 10/3/00, effective 11/3/00; 98-12-099, § 308-56A-020, filed 6/3/98, effective 7/4/98; Order MV 208, § 308-56A-020, filed 7/31/74.]

     The application for certificate of ownership ((shall)) must include:

     (a) The name of each registered owner of the vehicle and, if the vehicle is subject to security interest, the name of each secured party;

     (b) ((The department's assigned customer account number for each owner of the vehicle including secured parties if available;

     (c))) The registered owner's mailing address ((at which one of the owners regularly receives mail)); and

     (((d))) (c) The first secured party's mailing address ((of the first secured party)).

     (2) Do the addresses need to conform to United States Postal Service (USPS) standards?

     Yes. USPS address standards must be used on all vehicle records, registrations, and certificates of ownership.

     (3) Can more than one mailing address be shown on the application if there are multiple owners with different addresses((, may both addresses be shown on the application))?

     No. The address of only one of the registered owners and ((one)) the first secured party will be accepted on the application for certificate of ownership.

[Statutory Authority: RCW 46.01.110. 99-01-014, § 308-56A-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 46.01.110, 88.02.100, 46.10.040, 46.12.030, 46.16.040, 88.02.050 and 88.02.070. 96-04-004, § 308-56A-030, filed 1/25/96, effective 2/25/96; 95-13-058, § 308-56A-030, filed 6/19/95, effective 7/20/95; Order MV 208, § 308-56A-030, filed 7/31/74.]

     Yes.

     (2) What information does the owner need to provide to the department if their address changes?

     The owner shall provide the department with the following information:

     (a) The registered owner's name as it appears on the department records;

     (b) The license plate number or vehicle identification number (VIN) of each vehicle;

     (c) The new address with at least a five digit zip code and preferably a nine digit zip code; and

     (d) The county of the new address.

     (3) Does the address need to conform to United States Postal Service (USPS) standards?

     Yes. USPS address standards must be used on all vehicle records, registrations, and certificates of ownership.

[Statutory Authority: RCW 46.01.110. 99-01-014, § 308-56A-040, filed 12/7/98, effective 1/7/99; 92-15-024, § 308-56A-040, filed 7/6/92, effective 8/6/92; Order MV 208, § 308-56A-040, filed 7/31/74.]

     (a) Any registered owners so shown are considered to have equal registered owner interest in the vehicle ((and));

     (b) Any lien holder so shown is considered to have equal security interest in the vehicle.

     (2) Will the department use the words "and," "or," or the slash symbol "/" if another jurisdiction has recorded multiple interests on the foreign certificate of ownership using one of these designations? No, the department does not allow the use of these designations when recording ownership interest. ((The department will list the names without the above designations.))

[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 99-21-098, § 308-56A-056, filed 10/20/99, effective 11/20/99.]

     (2) How is joint tenancy with rights of survivorship shown on the application for certificate of ownership? The application for certificate of ownership ((shall)) must show the name of every owner ((with)) and include the phrase "Joint tenants with rights of survivorship" spelled out. ((The address of only one owner can be accepted on the application.

     Example 1:

     Doe, John

     Doe, Jane

     Doe, Mary

     Joint tenants with rights of survivorship; or

     Example 2:

     Doe, John

     Doe, Jane

     Joint tenants with rights of survivorship.))

     (3) How is joint tenancy with rights of survivorship shown on the certificate of ownership? The certificate of ownership will be printed showing the abbreviation "JTWROS((.))" in the brands/comments section.

     (((4) If one of the owners dies, what additional documentation does the department require to transfer the certificate of ownership into the name(s) of the surviving owner(s)? The department requires a copy of the death certificate.))

[Statutory Authority: RCW 46.01.110. 99-08-064, § 308-56A-060, filed 4/5/99, effective 5/6/99; Order MV 208, § 308-56A-060, filed 7/31/74.]

     An application for a certificate of ownership ((to)) for a new vehicle ((shall)) must be accompanied by a manufacturer's statement/certificate of origin (MSO/MCO).

     (2) What information needs to be shown on the MSO/MCO?

     The MSO/MCO ((shall)) must contain at least the following information:

     (a) First conveyance of the vehicle after its manufacture;

     (b) The model year;

     (c) Make;

     (d) Model, body style;

     (e) Vehicle identification number;

     (f) An indication that the vehicle was not manufactured for road use, if applicable; and

     (g) ((If a moped, a statement indicating the vehicle meets the definition in RCW 46.04.304.)) Shipping weight or curb weight.

     (3) What documentation may be used in lieu of an MSO/MCO?

     If the MSO/MCO is not available, the manufacturer's invoice to the dealer may be used. The manufacturer's invoice shall contain all the information required in subsection (2) of this section. If a flooring agent is shown on the invoice, the department requires a release of interest from the flooring agent.

     (4) How is a dealer to dealer sale recorded on the MSO/MCO before the first retail sale?

     A dealer to dealer sale is recorded in the assignment area on the MSO/MCO.

     In the absence of an available assignment area a dealer to dealer report of sale or similar document may be used as long as a complete chain of ownership is documented from the original dealer named on the MSO/MCO through the retail selling dealer making the application.

[Statutory Authority: RCW 46.01.110. 99-01-014, § 308-56A-110, filed 12/7/98, effective 1/7/99; Order MV 208, § 308-56A-110, filed 7/31/74.]

     (a) If a vehicle is titled in another state, the application for certificate of ownership must be accompanied by the most current title issued by that state.

     (b) If the vehicle was acquired from an agency of the United States government, the ((original or a copy of the bill of sale)) federal ownership document issued by the United States government must accompany the application for certificate of ownership. When a bill of sale covers more than one vehicle, a photocopy may be accepted when:

     (i) United States federal government already registered and/or titled in Washington with an FED use class, the purchaser needs a bill of sale and the current registration for an NTI or when title is issued in Washington, need title properly released.

     (ii) A secured odometer disclosure completed only by the transferee/buyer if the vehicle falls within the federal odometer criteria.

     (((b) If a vehicle is titled in another state, the application for certificate of ownership must be accompanied by the most current title issued by that state. The department will accept a copy of the current title when it is being held by the lien holder and is not available.))

     (c) If a vehicle is titled in another country, the application for certificate of ownership must be accompanied by the most current title or ownership document issued by that jurisdiction. If the country from which the vehicle is imported cancels the vehicle title and/or registration for export, the application for certificate of ownership must be accompanied by documents showing proof of ownership and evidence of the cancellation.

     (d) If a member of the United States armed forces owns the vehicle and the vehicle has been registered by ((the)) a United States government military entity, the application for certificate of ownership ((shall)) must be accompanied by the registration certificate as proof of ownership. If there is a lien holder, the ((United States)) armed forces member must ((contact)) provide the lien holder ((and obtain a copy of the ownership documents being held)) information at the time of application.

     (2) What ownership documents are required to obtain a certificate of ownership for a vehicle from a nontitling jurisdiction ((that by policy or law does not title or register certain classes of vehicles based on age, type, or other criteria))?

     (a) If the vehicle is from a jurisdiction that by policy or law does not title a specific vehicle, but does register it, the department will accept the registration as an ownership document. If the applicant is not the owner shown on the registration, a bill of sale or release of interest is also required.

     (b) If the vehicle is from a jurisdiction that neither registers nor titles, the department will accept a statement from the applicant certifying when and where they purchased the vehicle, and that the previous jurisdiction does not title or register this type of vehicle. A bill of sale is required for vehicles brought in from such jurisdiction. A statement certifying how the vehicle was acquired must be submitted at the time of application. The Washington certificate of ownership may contain a special notation if issued under these circumstances. If the bill of sale is not available, ownership in doubt procedures from WAC 308-56A-210 apply.

     (3) What if I am unable to locate a record of my vehicle in any jurisdiction? If there is no indication that your vehicle is from a nontitle or nonregistration jurisdiction, and no jurisdiction has a record of your vehicle, you may follow ownership in doubt procedures in WAC 308-56A-210.

     (4) What ((ownership documents are)) is required to title a vehicle from a titling jurisdiction ((which)) that has refused to issue a title document for a specific vehicle?

     If the jurisdiction has refused to issue title, Washington ((will)) may require the customer to comply with ownership in doubt procedures from WAC 308-56A-210. In those cases where a title was refused for reasons not applicable to Washington, the department may consider issuing a title with the appropriate documentation.

     (((4))) (5) What ((additional)) documentation is required in addition to the ownership document if my vehicle is from a foreign country? In addition to the ownership document, the application for certificate of ownership must be accompanied by:

     (a) An approved United States Department of Treasury Customs Service form properly executed authorizing the vehicle entry into this country. Applications for certificate of ownership for vehicles imported from Puerto Rico need not be accompanied by a customs document;

     (b) An English translation for any document provided which is not in the English language. The translator shall provide a notarized/certified affidavit attesting to the accuracy of the translation;

     (c) A release of interest from the owners shown on the ownership documents, as provided in WAC 308-56A-210, if the applicant is not the owner shown((; and

     (d) The current valid ownership document.

     (5) What if my vehicle does not pass the EPA?

     If the vehicle does not conform with all applicable federal motor vehicle safety standards or federal air pollution control regulations, and the United States Customs Service will not issue a custom document, the department will not issue a certificate of ownership or registration for the vehicle.

     (6) What if there is no indication that my vehicle is from a nontitle or nonregistration jurisdiction, and no other jurisdiction has a record of my vehicle?

     If there is no indication that your vehicle is from a nontitle or nonregistration jurisdiction, and no jurisdiction has a record for your vehicle, you need to follow ownership in doubt procedures in WAC 308-56A-210)).

[Statutory Authority: RCW 46.01.110. 01-20-010, § 308-56A-115, filed 9/20/01, effective 10/21/01; 99-01-014, § 308-56A-115, filed 12/7/98, effective 1/7/99; 93-14-084, § 308-56A-115, filed 6/30/93, effective 7/31/93; Order MV 208, § 308-56A-115, filed 7/31/74.]

     (a) Reported destroyed since the last certificate of ownership was issued;

     (b) A homemade, assembled, or rebuilt vehicle not previously titled as such;

     (c) One whose identification number needs verification as requested by the department, county auditor, or authorized agent((, for example, if there is a reason to believe the vehicle identification number has been removed, defaced, altered, destroyed, or if it has become illegible or is missing));

     (d) One with a structural change in, or modification of, body or frame changing the class designation or body type currently shown on the record;

     (e) ((A used vehicle and no Washington record can be found unless the vehicle is titled or registered in a state or jurisdiction other than Washington;

     (f))) A kit vehicle not previously titled as such (if no vehicle identification number previously assigned);

     (((g))) (f) A street rod not previously titled as such;

     (((h))) (g) A glider kit not previously titled as such;

     (((i))) (h) Questionable as to ownership;

     (((j))) (i) One which the Washington crime information center (WACIC) or National Crime Information Center (NCIC) indicates may be stolen; or

     (((k))) (j) One for which the WACIC/NCIC has failed to respond to the stolen vehicle search required by chapter 46.12 RCW.

     (2) ((What)) Is there a fee ((is)) charged for a Washington state patrol VIN inspection? The VIN inspection fee is ((fifty dollars as)) authorized by chapter 46.12 RCW unless:

     (a) The out-of-state fee authorized by chapter 46.12 RCW has been collected on the same application; or

     (b) The Washington state patrol or department of licensing has determined that the fee is not due.

     (3) Who is authorized to perform a vehicle inspection? Vehicle inspections may be performed by:

     (a) The Washington state patrol;

     (b) Other ((competent inspecting agencies)) entities or individuals designated by the director if the vehicle is located in a foreign state or country and the requirement for inspection by the Washington state patrol will cause undue hardship.

     (4) How long is a vehicle certificate of inspection valid? The vehicle certificate of inspection is valid for the following periods of time after the inspection date:

     (a) Thirty days for vehicles:

     (i) Reported destroyed;

     (ii) Homemade, assembled, rebuilt, street rods, kit vehicles and glider kits;

     (iii) If the identification number needs verification, has been removed, defaced, altered, destroyed, illegible or missing;

     (iv) With structural change in, or modification of, body or frame changing the class designation or body type;

     (v) Referred for inspection for any reason not listed.

     (b) Sixty days for vehicles:

     (i) From a foreign jurisdiction;

     (ii) With no Washington record or no manufacture statement of origin/manufacture certificate of origin.

     (c) One year for vehicles required to be inspected under subsection (1)(a) through (k) of this section and held for sale by a licensed dealer.

     (5) Is the vehicle identification number inspection certificate provided by the Washington state patrol (WSP) valid in states other than ((in)) Washington ((state))? In accordance with WSP rules, the inspection certificate provided by the WSP is valid only in Washington state except as otherwise specified by the Washington state patrol.

     (((6) Why are the words "register" and "registered" used in place of "title" and "titled" in chapter 125, Laws of 2001? The words "register" and "registered" are used in place of "title" and "titled" in chapter 125, Laws of 2001 because RCW 46.12.010 requires vehicles registered in this state to also have a certificate of ownership. For the purposes of section 3, chapter 125, Laws of 2001, the registration process is not complete until it is confirmed that the vehicle is not stolen. Certificate of ownership will not be issued and the license tabs and registration certificate shall be invalid for vehicles which have been confirmed stolen.))

[Statutory Authority: RCW 46.01.110. 01-20-010, § 308-56A-150, filed 9/20/01, effective 10/21/01. Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 99-21-098, § 308-56A-150, filed 10/20/99, effective 11/20/99. Statutory Authority: RCW 46.01.110. 97-07-014, § 308-56A-150, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 91-04-024, § 308-56A-150, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.110. 85-06-011 (Order TL/RG 11), § 308-56A-150, filed 2/22/85; Order MV 208, § 308-56A-150, filed 7/31/74.]

     When an applicant is unable to provide an acceptable release of interest, the applicant may:

     (a) Petition any district or superior court of any county of this state to receive a judgment awarding ownership of the vehicle. Such judgment is required if ownership of the vehicle is contested after the applicant makes application for ownership in doubt and before the three-year ownership in doubt period has lapsed; or

     (b) Apply for registration only or bonded certificate of ownership as described in this rule if a judgment is ((unnecessary)) unavailable as described in (a) of this subsection. The applicant ((shall)) must:

     (i) Provide evidence of ownership of the vehicle such as, but not limited to, a bill of sale;

     (ii) Obtain a Washington state patrol VIN inspection;

     (iii) Make a reasonable effort to determine ownership of the vehicle by writing to the agency that issued the last known certificate of ownership or registration. For purposes of this section, an individual purchaser or transferee of a vehicle may request the name and address of the owner(s) of record for that vehicle from the department by satisfying (b)(i) of this subsection and completing a form approved by the department. When the department is satisfied the request is for obtaining proper release of interest, the department may disclose the name(s) and address of the last owner(s) of record for that vehicle.

     (A) If a record is found, the applicant ((shall)) must send a certified or registered letter, return receipt requested, to each owner and secured party of record at the address shown on the last record. The letter ((shall)) must contain information regarding the sender's claim to ownership and a request for the released certificate of ownership or a notarized or certified release of interest.

     (B) If ((no record is found, or)) the previous owner ((did)) does not respond within fifteen days after acknowledged receipt or the letter was returned unclaimed, the applicant ((shall)) must provide ((an)) the form titled Affidavit of Request for Bonded Title or Registration without Title ((form)), explaining how the vehicle was acquired;

     If no record is found, the applicant must provide the completed form titled, Affidavit of Request for Bonded Title or Registration without Title.

     (iv) Determine whether to bond the vehicle and apply for a certificate of ownership or apply for registration only. A bond is required if the seller of the vehicle is a Washington state vehicle dealer or in lieu of the judgment described in (a) of this subsection if there is evidence of a security agreement on the last record ((as)) found ((in (b)(i) of this subsection)). A bond shall be for a period of three years from the date of application and be in the amount of one and one-half times the value of the vehicle as determined by one of the following:

     (A) Information provided by any guide book or other publication of recognized standing in the vehicle industry; or

     (B) A value that is agreeable to the applicant and verifiable by the authorized department agent or employee.

     (2) If I have a bonded certificate of ownership, how can I get a certificate of ownership without the bonded notation?

     In order to get a certificate of ownership without the bonded notation, you may:

     (a) Submit the properly endorsed certificate of ownership or a satisfactory release of interest and make application to the department anytime during the three-year period; or

     (b) After the three-year period, make application to the department.

     (3) If I have a three-year registration only, how can I obtain a certificate of ownership?

     In order to ((get)) receive a certificate of ownership, you may:

     (a) Submit the properly endorsed certificate of ownership or a satisfactory release of interest and make application to the department anytime during the three-year period; or

     (b) After the three-year period, make application to the department.

     (4) ((Can)) May I sell ((the)) a vehicle ((when there is)) with a bonded certificate of ownership or ((has)) a three-year registration only?

     Yes. A bonded certificate of ownership may be released and provided to the buyer the same as any other certificate of ownership. The Washington bonded certificate of ownership may not be accepted by another state. If the other state has a similar program, they may issue their own type of bonded certificate of ownership. If there is a registration only, provide the buyer with a notarized or certified release of interest. The new owner may either provide a judgment as described in subsection (1)(a) of this section ((or shall apply to the department for ownership in doubt as described in subsection (1)(b) of this section and complete)) or wait until the expiration of the time remaining on the previous ownership in doubt period and then make application for the certificate of ownership. If a notarized/certified release of interest cannot be obtained from the current registered owner, the new owner must start over with a new three-year bonded or registration only process.

[Statutory Authority: RCW 46.01.110. 99-01-014, § 308-56A-210, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 42.17.250(1), 46.01.110, 46.12.151 and 46.12.380. 96-03-047, § 308-56A-210, filed 1/11/96, effective 2/11/96; Order MV 208, § 308-56A-210, filed 7/31/74.]

     If a report of sale has been properly filed with the department prior to the date the vehicle was reported stolen, the purchaser shown on that report of sale ((shall)) will be responsible for removal, storage, and disposal fees. If a report of sale has not been properly filed, the registered owner on the department records remains liable.

[Statutory Authority: RCW 46.01.110. 99-01-014, § 308-56A-295, filed 12/7/98, effective 1/7/99.]

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