Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-17-107.

     Title of Rule: Chapter 308-96A WAC, Vehicle licensing.

     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, 46.16.135, [46.16.]225, [46.16.]490, [46.16.]276.

     Summary: Amending WAC 308-96A-072 Square dancer license plates, 308-96A-074 Antique vehicle collector vehicle license plates, 308-96A-550 Vehicle special collegiate license plates, 308-96A-560 Special vehicle license plates, and 308-96A-021 Replacement plates -- Requirements.

     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: , governmental.

     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 March 9, 2004, at 1:30 p.m.

     Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by March 8, 2004, 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 March 8, 2004.

     Date of Intended Adoption: April 6, 2004.

January 20, 2004

D. McCurley, Administrator

Title and Registration Services

OTS-6928.1

AMENDATORY SECTION(Amending WSR 01-10-069, filed 4/30/01, effective 5/31/01)

WAC 308-96A-072   Square dancer license plates.   (1) Who may apply for square dancer license plates? ((The)) A registered owner of a vehicle may apply to the department and receive, in lieu of regular vehicle license plates, special square dancer license plates bearing a symbol of square dancers.

     (2) What vehicles may display square dancer license plates? Square dancer license plates may be issued for vehicles required to display two license plates ((under RCW 46.16.233.)), except those vehicles licensed under the provisions of chapter 46.87 RCW ((are not eligible for square dancer license plates)).

     (3) Are special license fees required for square dancer license plates? A special license plate fee of forty dollars, in addition to all other appropriate fees and taxes, is collected for each set of square dancer license plates issued.

     (4) How does the department define "current license plate registration"? For the purposes of this section, a current license plate registration is defined as: A registration that has not expired or a registration where it is less than one year past the expiration date.

     (5) Will I ever have to ((exchange)) replace my square dancer license plates? Yes, the department has determined that all license plates be replaced on a seven-year rotation schedule. In addition to the license plate replacement fee, you may pay an additional plate retention fee to retain the same number/letter combination as shown on the current vehicle computer record as long as the plate meets a current approved license plate configuration and background.

Note:

If the license plate has been reported as stolen or if the department record indicates the vehicle has been stolen, the same number/letter combination will not be issued.

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, § 308-96A-072, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 1997 c 291. 98-01-151, § 308-96A-072, filed 12/22/97, effective 1/22/98. Statutory Authority: RCW 46.01.110. 97-07-013, § 308-96A-072, filed 3/11/97, effective 4/11/97; 93-14-083, § 308-96A-072, filed 6/30/93, effective 7/31/93.]

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

     (a) 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.

     (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 general use in the year of the vehicle's manufacture. The restored license plate may not be a specialized license plate. 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.

     (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.)) The restored plate(s) may be reassigned to another qualifying 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 will require the certificate of ownership be submitted if that vehicle does not already have a "title purpose only" number.

     (11) Will I be able to apply for a refund of fees I have paid if I decide to change my restored use plate to a regular issue plate? No. There is no provision in the law to issue a refund should you decide to change to a regular issue plate.

     (12) May I apply the fees I paid for my restored plate towards the purchase of regular issued plates? No. Full fees must be paid for the new plates.

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070. 03-05-082, § 308-96A-074, filed 2/19/03, effective 3/22/03. Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070, 46.16.276. 02-16-071, § 308-96A-074, filed 8/6/02, effective 9/6/02. 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) ((The special collegiate license plate lettering and color scheme is compatible with the basic license plate design.

     (b))) The plates will consist of numbers, letters, ((or figures or any combination thereof not exceeding)) colors and a symbol or artwork approved by the department and/or the special license plate review board.

     (b) The numbers and letters combination cannot exceed seven positions.

     (c) The plate series will not conflict with existing license plates.

     (d) The plate design must provide at least four positions to accommodate serial numbering.

     (e) The plate must not carry connotations offensive to good taste or decency, which may be misleading, vulgar in nature, a racial, ethnic, lifestyle or gender slur, related to illegal activities or substances, blasphemous, contrary to the department's mission to promote highway safety, or a duplication of other license plates provided in chapter 46.16 RCW.

     (f) The plate must be designed so that it ((can be easily recognized)) is legible and clearly identifiable by law enforcement personnel as an official Washington state issued license plate. A collegiate license plate design may not be issued in combination with any other license plate configuration including special, personalized or exempt license plate(s).

     (2) How is the design for a collegiate plate determined? The institution of higher education must provide a design including color and dimension specifications of the logo requested on the special collegiate license plate series with their application. Design services may be purchased through the department. The design must be legible and clearly identifiable as a Washington state plate to be approved by the department ((based on compatibility with the basic license plate design)), Washington state patrol, the special license plate review board and/or the legislature.

     (3) Who may apply for the special collegiate license plate? Upon receipt of all applicable fees, the special collegiate license plate will be issued to ((the)) a registered owner of the vehicle ((regardless of the applicant's age, gender, religion, race, color, creed, marital status, national origin, disability, or affiliation with an institution of higher education)).

     (4) When ownership of a vehicle issued collegiate license plates is sold, traded, or otherwise transferred, what happens to the plates? The owner may relinquish the plates to the new vehicle owner or remove the plates from the vehicle for transfer to a replacement vehicle. If the plates are removed from the vehicle, a transfer fee to another vehicle shall be charged as provided in RCW 46.16.316(1).

     (5) Will any new fees be charged when the collegiate license plates are sold, traded, or otherwise transferred? If the registration expiration date for the new vehicle exceeds the old vehicle registration expiration date, an abated fee for the collegiate plate will be charged at the rate of one-twelfth of the annual collegiate plate fee for each exceeding month and partial month. If the new registration expiration date is sooner than the old expiration date, a refund will not be made for the remaining registration period.

     (6) Will I be able to ((obtain the same)) retain my current collegiate license plate number/letter combination if my plate is lost, defaced, or destroyed? Yes. Upon the loss, defacement, or destruction of one or both collegiate license plates, the owner will make application for new collegiate or other license plates and pay the fees described in RCW 46.16.270 and 46.16.233 as applicable. See note following subsection (((8)))(9) of this section.

     (7) Will I ever have to replace my collegiate license plate? Yes, the collegiate license plates are subject to the seven-year vehicle license plate replacement schedule.

     (8) How does the department define "current license plate registration"? For the purposes of this section, a current license plate registration is defined as: A registration that has not expired or a registration where it is less than one year past the expiration date.

     (9) When I am required to replace my collegiate license plate, will I receive the same license plate number/letter combination? Yes. ((If you request, you will receive replacement collegiate license plates with the same number/letter combination as shown on the vehicle computer record.)) In addition to the license plate replacement fee, you may pay an additional plate retention fee to retain the same number/letter combination as shown on the current vehicle computer record as long as the plate meets a current approved license plate configuration and background.

Note:

If the license plate(s) has been reported as stolen or if the department record indicates the plate has been stolen, the same number/letter combination will not be issued. This is a law enforcement issue and is for the protection of the public.

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070. 03-05-082, § 308-96A-550, filed 2/19/03, effective 3/22/03. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, § 308-96A-550, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 1997 c 291. 98-01-151, § 308-96A-550, filed 12/22/97, effective 1/22/98. Statutory Authority: RCW 46.16.301, 46.16.324 and 46.01.110. 95-11-043, § 308-96A-550, filed 5/10/95, effective 6/10/95. Statutory Authority: RCW 46.01.110. 91-03-091, § 308-96A-550, filed 1/18/91, effective 2/18/91.]

     (1) The department ((may discontinue issuing special vehicle license plates after determining)) determines that ((less)) fewer than five hundred special license plates in the approved configuration are purchased annually and no less than one thousand five hundred special license plates are purchased in any continuous three-year period. (Except those license plates issued under RCW 46.16.301, 46.16.305, and 46.16.324); or

     (2) The legislature concurs with a recommendation from the special license plate review board to discontinue a plate series created after January 1, 2003; or

     (3) The state legislature changes the law allowing that plate series.

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, § 308-96A-560, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 1997 c 291. 98-01-151, § 308-96A-560, filed 12/22/97, effective 1/22/98. Statutory Authority: RCW 46.16.301, 46.16.324 and 46.01.110. 95-11-043, § 308-96A-560, filed 5/10/95, effective 6/10/95. Statutory Authority: RCW 46.01.110. 93-14-083, § 308-96A-560, filed 6/30/93, effective 7/31/93; 91-03-091, § 308-96A-560, filed 1/18/91, effective 2/18/91.]

OTS-6927.1

AMENDATORY SECTION(Amending WSR 03-05-080, filed 2/19/03, effective 3/22/03)

WAC 308-96A-021   Replacement plates -- Requirements.   (1) How do I obtain replacement plate(s) for my current Washington plate(s)?

     You obtain replacement plate(s) by applying((,)):

     (a) Either in person; or

     (b) By mail, to a Washington vehicle licensing office((.));

     (c) On-line through the department of licensing web page in conjunction with your registration renewal and seven-year replacement requirement.

     (2) When do I need to replace my plate(s)?

     You need to replace your plate(s) if:

     (a) Your plate(s) are lost, ((stolen,)) destroyed, or mutilated. For an additional fee, you may replace them with the same number/letter combination as long as the plate meets a current approved license plate configuration and background; or

     (b) Your plate(s) are stolen. You may not request the same number/letter combination (see the note at the end of this section); or

     (c) The primary use of your vehicle has changed requiring new plate(s) designated for the new use of the vehicle. Example: A passenger car used to transport commodities, merchandise, produce, freight or animals for commercial purposes may be licensed as a commercial use truck; or

     (((c))) (d) Your vehicle license plates have reached the replacement cycle date established by this section by authority in RCW 46.16.233. For an additional fee, you may request the same number/letter combination as long as the plate meets a current approved license plate configuration and background.

     (3) Who can apply for replacement plate(s)?

     One of the registered owners must apply for replacement plate(s).

     (4) What documentation do I need to apply for replacement plate(s)?

     (a) If your plate(s) are lost, stolen (see note at end of this section), destroyed, or mutilated, you need to submit an affidavit of loss or letter of request describing the vehicle by Washington license plate or vehicle identification number. The affidavit of loss or letter of request must be signed by at least one of the registered owners. The registered owner's signature must be either notarized by a notary public or certified by a Washington vehicle license agent or subagent. A replacement plate fee will be charged. For an additional fee, the same number/letter combination may be requested as long as the plate meets a current approved license plate configuration and background.

     (b) If the primary use of your vehicle has changed requiring new plate(s) designated for the new use of the vehicle, the department will replace the plate(s) without the affidavit of loss or letter of request. A new plate fee will be charged.

     (5) What if the department issued incorrect plate(s) for my vehicle?

     When incorrect plate(s) have been issued due to departmental error, the department will replace the plate(s) without the affidavit of loss or letter of request. No replacement plate fee will be charged in this case.

     (6) What is the replacement cycle date for my license plate? The replacement cycle date for your license plate is seven years from the date the license plate(s) were issued. Notification will be included on the renewal notice when it is necessary to replace the license plates for a vehicle.

     (7) ((How will I obtain replacement plate(s)? You obtain replacement plate(s) by applying, either in person or by mail, to a Washington vehicle licensing office.

     (8))) When I am required to replace ((a)) special license plate(s) on a currently registered vehicle, will I receive the same license plate number/letter combination? ((Special license plates in subsection (9)(b) through (m) of this section, upon request,)) Yes, for an additional fee, if you are replacing license plates on a currently registered vehicle, your license plates will be replaced with the same number/letter combination as shown on the vehicle computer record as long as the plate meets a current approved license plate configuration and background.

     (((9))) (8) What license plates are required to be replaced? Vehicles that have license plates seven years or older that include:

     (a) Standard issue;

     (b) Collegiate;

     (c) HAM/MARS;

     (d) Personalized;

     (e) Ride share;

     (f) Disabled person;

     (g) Disabled veterans;

     (h) Pearl Harbor survivors;

     (i) Purple heart;

     (j) Stadium;

     (k) Square dancer;

     (l) Honorary Consular;

     (m) Former prisoner of war;

     (n) Commercial plates issued to vehicles with a declared gross weight 26,000 pounds or under;

     (o) Special plate series created after January 1, 2003.

     (((10))) (9) What license plates are exempt from the replacement requirements?

     (a) Prorated vehicles over 16,000 pounds licensed under chapter 46.87 RCW;

     (b) Commercial vehicles with declared gross weight over 26,000 pounds under RCW 46.16.233;

     (c) Collector vehicle, horseless carriage vehicle and restored plates;

     (d) Plates issued to government agencies with exempt use class; and

     (e) ((Congressional)) Medal of Honor license plates.

Note:

If the license plate has been reported as stolen or if the department record indicates the vehicle has been stolen, the same number/letter combination will not be issued. This is a law enforcement issue and is for the protection of the public.

[Statutory Authority: RCW 46.01.110. 03-05-080, § 308-96A-021, filed 2/19/03, effective 3/22/03. Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490 and 46.16.276. 98-19-075, § 308-96A-021, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), § 308-96A-021, filed 5/28/87.]

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