WSR 04-04-006

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed January 22, 2004, 10:31 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-14-022.

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

     Purpose: To meet the criteria set forth in Governor Locke's Executive Order 97-02; and to clarify rules and help make them more comprehensible.

     Statutory Authority for Adoption: RCW 46.01.110, 46.12.040, and 46.16.216.

     Summary: Amending WAC 308-56A-020 Application for certificate of ownership required, 308-56A-140 Department temporary permit, 308-56A-455 Assembled and homemade vehicles, and 308-56A-460 Destroyed or wrecked vehicle rebuilt.

     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; and Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, (360) 902-4045.

     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 12, 2004, at 1:00 p.m.

     Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by March 11, 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 11, 2004.

     Date of Intended Adoption: April 6, 2004.

January 21, 2004

D. McCurley, Administrator

Title and Registration Services

OTS-6932.1


AMENDATORY SECTION(Amending WSR 03-05-081, filed 2/19/03, effective 3/22/03)

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) 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 or from a trust;

     (j) Repossession; or

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

     (2) Applying for registration 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.

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

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

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

     (6) The motorcycle engine has been replaced.

     (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)(d), other than changing the bed of a truck.

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

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

[Statutory Authority: RCW 46.01.110. 03-05-081, § 308-56A-020, filed 2/19/03, effective 3/22/03. 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.]


AMENDATORY SECTION(Amending WSR 03-12-006, filed 5/22/03, effective 6/22/03)

WAC 308-56A-140   Department temporary permit.   (((1) What is a department temporary permit? A department temporary permit is a permit issued in lieu of registration and license plates when:

     (a) The vehicle is not currently licensed in Washington; and

     (b) Proper vehicle documentation to title and license the vehicle is not available but is likely to be available within sixty days; and

     (c) The vehicle was not purchased from a licensed Washington dealer.

     (2) How long is a department temporary permit valid? The department temporary permit is valid for up to sixty days.

     (3) What if I believe I will not be able to obtain proper documentation within sixty days, what options are available to me? When documents are not expected to be received within sixty days, you may choose to:

     (a) Not operate your vehicle and wait to register the vehicle until all required documents are received; or

     (b) Obtain the department temporary permit and if you do not receive the required documentation within sixty days, discontinue using the vehicle until proper documentation is filed with the department or apply for an extension of the temporary permit under subsection (4) of this section.

     (4) May a department temporary permit be extended? Yes, a department temporary permit may be extended on a case-by-case basis if the registered owner has demonstrated all possible avenues have been explored and upon departmental approval.

     (5) Where do I obtain a department temporary permit? Department temporary permits are available at all Washington vehicle license offices.

     (6) What fees are required to be paid when applying for a department temporary permit? In addition to other fees and applicable taxes, the department temporary permit fee, certificate of ownership application fee, inspection fees and licensing fees must be paid at the time the department temporary permit is issued.

     (7) How do I display the department temporary permit? The cardboard copy of the department temporary permit must be displayed according to instructions on the permit and the signed registration must be carried in the vehicle or the towing vehicle.

     (8) How many months of gross weight must I purchase with a department temporary permit for my vehicle, which is eligible for monthly gross weight? If you have a vehicle that is eligible for monthly gross weight, you must purchase a minimum of two months gross weight license to correspond with the duration of the department temporary permit. You may receive credit as described in WAC 308-96A-220(7) for gross weight license already purchased.

     (9) How do I obtain license plates and registration for my vehicle that has been issued a department temporary permit? You may obtain license plates and new registration for your vehicle that has been issued a department temporary permit by submitting the necessary documents and fees to any Washington vehicle license office.

     (10) What fees are required to be paid when clearing a department temporary permit? In addition to other fees as prescribed by law, the title application fee and license plate fees must be paid at the time the temporary permit is cleared.

     (11) How do I obtain a replacement vehicle title application/registration certificate portion of the department temporary permit? You may obtain a photocopy of the department temporary permit registration certificate through the county's auditor/agent or subagent office. You must provide the vehicle identification number or the department temporary permit number. The replacement department temporary permit will retain the same expiration date as the original.

     (12) How do I obtain a replacement for the cardboard department temporary permit that is displayed in the vehicle window? You may obtain a replacement cardboard department temporary permit at any Washington vehicle license office. You must provide the vehicle title application/registration certificate, VIN, or the department temporary permit number.)) (1) What is a department temporary permit? A department temporary permit consists of a system-generated permit and a cardboard temporary "plate" which may be issued in lieu of a registration certificate and license plates when:

     (a) The vehicle is not currently licensed in Washington; and

     For the purposes of this section, a vehicle may be considered unlicensed if the current license expires within sixty days of application for the department temporary permit, or the vehicle's license plates are missing or unreadable; and

     (b) Appropriate vehicle documentation to title and license the vehicle is not immediately available but is likely to be available within sixty days; and

     (c) The vehicle was purchased from someone other than a licensed Washington dealer; or

     (d) The vehicle:

     (i) Has been declared a salvage vehicle under RCW 46.12.070; and

     (ii) Has been retained by the registered owner(s) shown on department of licensing records; and

     (iii) Is scheduled for inspection by the Washington state patrol; and

     (iii) Note: Except as provided in (d) of this subsection, a department temporary permit will not be issued to any vehicle when the evidence of ownership is a salvage certificate/title, insurance company bill of sale, or wrecker bill of sale from any jurisdiction, or when the evidence of ownership indicates the vehicle may be a salvage vehicle not reported to the department.

     (2) How long is a department temporary permit valid? The department temporary permit is valid for no longer than sixty days from the date of application.

     (3) Where do I apply for and obtain a department temporary permit? You may apply for a department temporary permit at any Washington vehicle licensing office.

     (4) What fees are due when applying for a department temporary permit? All applicable taxes, title, license fees and inspection fees are due when the department temporary permit is issued. Any fees for license plates are due when the department temporary permit is cleared.

     (5) How do I display the cardboard temporary plate? You must display the cardboard temporary plate where it is visible from outside of the vehicle or towed vehicle (such as on the inside left of the rear window), or you may weatherproof the plate and place it in the license plate holder. Carry the permit in the vehicle or the towing vehicle.

     (6) How many months of gross weight must I purchase with a department temporary permit if my vehicle is eligible for monthly gross weight? If your vehicle is eligible for monthly gross weight, you must purchase a minimum of two months' gross weight license to correspond with the duration of the department temporary permit. You may receive credit as described in WAC 308-96A-220(7) for gross weight license already purchased.

     (7) How do I obtain a registration certificate and license plates for my vehicle that has been issued a department temporary permit? You may obtain a registration certificate and license plates for your vehicle at any vehicle licensing office by submitting:

     (a) An application for certificate of ownership; and

     (b) An odometer disclosure statement, if applicable; and

     (c) License plate fees; and

     (d) Other applicable documentation, fees, and taxes.

     (8) What fees are due when clearing a department temporary permit? In addition to other fees as prescribed by law, the title application fee and license plate fees are due when the department temporary permit is cleared.

     (9) How do I obtain a replacement department temporary permit? You may obtain a photocopy of the department temporary permit by contacting any vehicle licensing office, which will acquire the photocopy from the department. You must provide the vehicle identification number or the department temporary permit number. The replacement department temporary permit will retain the same expiration date as the original.

     (10) How do I obtain a replacement cardboard temporary "plate"? You may obtain a replacement cardboard temporary "plate" at any Washington vehicle license office where it was purchased. You must provide the vehicle identification number or the department temporary permit number.

     (11) May a department temporary permit be extended? Yes, a department temporary permit may be extended on a case-by-case basis upon departmental approval.

     (a) An extension of a department temporary permit issued for a total loss vehicle described in subsection (1)(d) of this section will not be approved.

     (b) An extension of a department temporary permit cannot be granted for vehicles described in subsection (6) of this section when no more than two months' gross weight were purchased. Additional gross weight cannot be issued until the department temporary permit is cleared.

[Statutory Authority: RCW 46.01.110, 46.12.040, 46.16.216. 03-12-006, § 308-56A-140, filed 5/22/03, effective 6/22/03; 99-12-031, § 308-56A-140, filed 5/25/99, effective 6/25/99. Statutory Authority: RCW 46.01.110. 93-14-084, § 308-56A-140, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.01.110, 46.12.151 and 46.12.050. 92-03-077, § 308-56A-140, filed 1/14/92, effective 2/14/92; Order MV 208, § 308-56A-140, filed 7/31/74.]


AMENDATORY SECTION(Amending WSR 03-10-097, filed 5/7/03, effective 6/7/03)

WAC 308-56A-455   Assembled and homemade vehicles.   (((1) What constitutes an assembled vehicle? An assembled vehicle is a vehicle that has been put together by using major component parts from two or more commercially manufactured vehicles. For the purposes of this section major component parts include replacement of those listed in RCW 46.80.010(5). Assembled vehicles are not glider kits, custom built, replica, or kit vehicles. An assembled vehicle will be recognized as one produced by a particular manufacturer.

     (2) What constitutes a homemade vehicle? A homemade vehicle that cannot visually be identified as one produced by a particular manufacturer. The model year of a homemade vehicle is determined by the Washington state patrol at the time of inspection. The make is homemade.

     (3) What is the difference between an assembled vehicle and a homemade vehicle? The difference between an assembled and a homemade vehicle is that an assembled vehicle will be recognizable as one produced by a particular manufacturer. A homemade vehicle will be a vehicle that cannot visually be identified as one produced by a particular manufacturer. The model year of a homemade vehicle will be the original year of licensing and the make will be homemade.

     (4) What documents are required to apply for a certificate of ownership for an assembled or homemade vehicle? The application for certificate of ownership must be accompanied by the following documents:

     (a) The certificate of ownership or bills of sale for each vehicle or major component part used in the assembly or construction of the vehicle. The bills of sale must be notarized unless the vendor has a regular place of business and is registered with the department of revenue as an agent for use tax purposes. The bill(s) of sale shall include:

     (i) The names and addresses of the seller and purchaser;

     (ii) A description of the part being sold, including the make, model and identification or serial number;

     (iii) The date of sale;

     (iv) The purchase price of the part; and

     (v) The stock number if from a Washington licensed wrecker.

     (b) A Washington state patrol inspection or inspection from other personnel authorized by the director verifying the vehicle identification number, make, model, and year; and

     (c) A completed declaration of value form.

     (5) What happens if I must remove, destroy or conceal a vehicle identification number during assembly or construction of my vehicle? The assembled parts must be inspected by an authorized member of the Washington state patrol or other personnel authorized by the director who will issue a statement of fact prior to assembly or construction of a vehicle involving the removal, destruction, or concealment of any vehicle identification number. After assembly of a vehicle where the identification number has been removed, destroyed or concealed, an authorized member of the Washington state patrol or other personnel authorized by the director must determine if a new vehicle identification number will be assigned.)) (1) What constitutes an assembled vehicle? An assembled vehicle is a vehicle that:

     (a) Has had the complete body or frame replaced with the body or frame from another commercially manufactured vehicle; or

     (b) Had the body or frame cut in two and replaced with a major portion of the body or frame from another vehicle; or

     (c) Has had a major modification so that the VIN no longer properly describes the vehicle; or

     (d) Is a motorcycle on which the frame and engine are of different make or model year. An assembled vehicle is made from parts produced by recognized manufacturers for commercially produced vehicles, and can be recognized as one produced by a particular manufacturer. Assembled vehicles do not include glider kits, custom built, replica, kit vehicles or trucks installed with a different bed.

     (2) How is the model year determined for an assembled vehicle? The Washington state patrol will determine the model year of an assembled vehicle upon inspection of the vehicle.

     (3) What constitutes a homemade vehicle? A homemade vehicle is one that cannot visually be identified as produced by a particular manufacturer and is made primarily from fabricated parts. The make will be identified as homemade.

     (4) How is the model year determined for a homemade vehicle? The Washington state patrol will determine the model year of a homemade vehicle upon inspection of the vehicle.

     (5) What documents must I submit with my application for a certificate of ownership for an assembled or homemade vehicle? The application for certificate of ownership must be accompanied by the following documents:

     (a) The certificate of ownership or bills of sale for each vehicle or major component part used in the assembly or construction of the vehicle. The bills of sale must be notarized unless the seller is a licensed business. The bill(s) of sale must include:

     (i) The names and addresses of the seller and purchaser;

     (ii) A description of the part being sold, including the make, model and identification or serial number;

     (iii) The date of sale;

     (iv) The purchase price of the part; and

     (v) The stock number if from a Washington licensed wrecker;

     (b) A Washington state patrol inspection or inspection from other personnel authorized by the director verifying the vehicle identification number, make, model, and year; and

     (c) A completed declaration of value form.

     You may be required to apply for ownership in doubt as described in WAC 308-56A-210 if you do not have all the required documentation.

     (6) What is required if I must remove, destroy or conceal a vehicle identification number plate on a vehicle or major component part to be used on my assembled or homemade vehicle? The vehicle or major component part containing the VIN plate must be presented to the Washington state patrol with the VIN plate intact. The WSP will remove the VIN plate and mark the vehicle or major component part so it can be identified when the assembled or homemade vehicle is ready for inspection.

[Statutory Authority: RCW 46.01.110. 03-10-097, § 308-56A-455, filed 5/7/03, effective 6/7/03; 00-04-046, § 308-56A-455, filed 1/27/00, effective 2/27/00; 92-15-024, § 308-56A-455, filed 7/6/92, effective 8/6/92; Order MV 208, § 308-56A-455, filed 7/31/74.]


AMENDATORY SECTION(Amending WSR 02-19-016, filed 9/9/02, effective 10/10/02)

WAC 308-56A-460   Destroyed or wrecked vehicle -- Reporting -- Rebuilt.   (((1) What is a destroyed or wrecked vehicle? For the purposes of this section:

     (a) A destroyed vehicle means a vehicle of any age that has been reported wrecked or destroyed by an insurance company, licensed wrecker, scrap processor or the owner and includes a salvage vehicle as defined in RCW 46.12.005; and

     (b) A wrecked vehicle is defined in RCW 46.80.010(6).

     (2) Who may report destroyed or wrecked vehicles and how are those vehicles reported to the department? Destroyed vehicles may be reported to the department by:

     (a) Insurance companies. A vehicle becomes insurance destroyed under RCW 46.12.070 when:

     (i) An insurance company in possession of a certificate of ownership for a vehicle that has been destroyed submits to the department the current certificate of ownership indicating the vehicle is "DESTROYED," the insurance company name and address and the date of loss, and for a vehicle that is six years through twenty years old, a statement whether or not the vehicle meets the market value threshold amount. If this statement is not provided when required, the department will treat the report as if the insurance company indicated that the market value threshold was met; or

     (ii) The Total Loss Claim Settlement form (TD 420 074) completed in its entirety is received by the department (settlement is defined in subsection (4) of this section); and

     (iii) For a vehicle that is six years through twenty years old, a statement whether or not the vehicle meets the market value threshold amount as defined in subsection (3) of this section. If this statement is not provided when required, the department will treat the report as if the insurance company indicated that the market value threshold was met.

     (b) Government or self-insured entities: Any government agency or self-insured entity reports the vehicle is a total loss under RCW 46.12.070 by indicating on the certificate of ownership or affidavit of loss/release of interest that the vehicle is "DESTROYED," the date of loss and a statement whether or not the vehicle meets the market value threshold amount as defined in subsection (3) of this section if the vehicle is six years through twenty years old. If this statement is not provided when required, the department will treat the reports as if the government or self-insured entity stated that the market value threshold was met.

     (c) Registered or legal owners:

     (i) The registered or legal owner submits to the department the certificate of ownership under RCW 46.12.070, properly released, indicating on the face of the ownership document "DESTROYED," the date and location of destruction and whether or not the vehicle meets the market value threshold amount as defined in subsection (3) of this section if the vehicle is six years through twenty years old. If this statement is not provided when required, the department will treat the report as if the owner indicated that the market value threshold was met; or

     (ii) The owner submits an affidavit of loss/release of interest with a notation on the document in the same manner as (c)(i) of this subsection and a written statement indicating the vehicle has been destroyed, to include year, make, model, and vehicle identification number.

     (d) Washington licensed vehicle wreckers. A vehicle becomes wrecker destroyed when the Washington licensed wrecker submits a written report to the department as required in RCW 46.80.090 including a statement whether or not the vehicle meets the market value threshold amount as defined in subsection (3) of this section if the vehicle is six years through twenty years old. If this statement is not provided when required, the department will treat the report as if the report indicated that the market value threshold was met.

     (3) What are the "market value threshold amount" and the criteria used to increase the amount? The "market value threshold amount" is six thousand five hundred dollars effective June 13, 2002, as set by RCW 46.12.005. The market value threshold amount will be increased based on an increase in the expenditure category "used cars and trucks" of the Consumer Price Index for all Urban Consumers compiled by the Bureau of Labor Statistics, United States Department of Labor, or its successor, for the West Region as provided by RCW 46.12.005.

     (4) Is the market value threshold applied to all motor vehicles that are reported destroyed, wrecked or damaged? No. The market value threshold is applied to motor vehicles that are at least six years old but not more than twenty years old and are incorporated into the Consumer Price Index expenditure category "used cars and trucks" which includes, but is not limited to, used passenger cars, light-duty trucks with a gross weight of 12,000 pounds or less, and sport utility vehicles (SUVs).

     (5) After the certificate of ownership has been surrendered, how do I sell my destroyed vehicle? After the certificate of ownership has been surrendered, you may sell your destroyed vehicle in the following ways:

     (a) After the vehicle has been reported destroyed under RCW 46.12.070, the insurer using a bill of sale instead of a release of interest on a certificate of ownership may sell the vehicle. The bill of sale shall be signed by a representative of the insurer and provide their title of office. The representative's signature need not be notarized or certified.

     (b) After a vehicle has been reported destroyed under RCW 46.12.070 and the registered owner retains the vehicle, the vehicle may be sold in its present condition using a bill of sale. The owner must sign the bill of sale and the owner's signature must be notarized or certified.

     (c) A motor vehicle wrecker licensed under chapter 46.80 RCW may utilize a bill of sale issued in accordance with (a) and (b) of this subsection in lieu of a certificate of ownership to comply with RCW 46.80.090.

     (6) When is an insurance claim considered settled? For the purpose of this section, those vehicles described in RCW 46.12.070, the settlement of an insurance claim as a total loss, less salvage value shall mean the date on which an insurance company actually makes payment to the claimant for the damage.

     (7) If a vehicle has been reported to the department as destroyed or wrecked, may the license plate(s) remain with the vehicle? Depending on the situation the vehicle license plates may stay with the vehicle:

     (a) If the vehicle has been reported insurance destroyed, regular vehicle license plates may remain with the vehicle unless the license plates assigned to the vehicle are severely damaged.

     (b) If the owner of record has reported the vehicle as destroyed, regular vehicle license plates may remain with the vehicle unless the license plates assigned to the vehicle are severely damaged.

     (c) If the vehicle has been reported destroyed by a Washington licensed wrecker, new vehicle license plates are required since the Washington licensed vehicle wrecker must remove the current license plates as required by WAC 308-63-070(7).

     (8) What is required of a Washington licensed vehicle dealer before they can sell a vehicle that has been reported destroyed or wrecked? Except as permitted by RCW 46.70.101 (1)(b)(viii) before a vehicle dealer may sell a destroyed or wrecked vehicle under their Washington vehicle dealer license, the dealer must:

     (a) Rebuild the vehicle to standards set by the state of Washington or the federal government pertaining to the construction and safety of vehicles; and

     (b) Obtain a Washington state patrol inspection; and

     (c) Apply for and receive a certificate of ownership for the vehicle, issued in the name of the vehicle dealer.

     (9) What does "WA REBUILT" mean on a Washington certificate of ownership? The "WA REBUILT" designation, as required by RCW 46.12.075, on a vehicle certificate of ownership means that the vehicle:

     (a) Is of a model year that is less than six years before the calendar year in which the vehicle was wrecked, destroyed, or damaged and has been reported as destroyed under RCW 46.12.070 or 46.80.090 and the vehicle has been rebuilt and inspected under RCW 46.12.030; or

     (b) Is a used car or truck with a model year at least six years but not more than twenty years before the calendar year in which the vehicle was wrecked, destroyed, or damaged and has been reported as destroyed under RCW 46.12.070 or 46.80.090 and the vehicle has been rebuilt and inspected under RCW 46.12.030 and the vehicle, just prior to the time it was wrecked, destroyed or damaged, met the value requirements as defined in RCW 46.12.005.

     (10) Will the certificate of ownership or vehicle registration always indicate "WA REBUILT" for a vehicle described in subsection (9) of this section? Yes, the certificate of ownership or vehicle registration certificate shall prominently display a "WA REBUILT" designation on the front of the document unless the brand was applied in error. This designation will continue to appear on every subsequent certificate of ownership or vehicle registration certificate issued for this vehicle.

     (11) If I purchase a vehicle that has been reported to the department as wrecked/destroyed/salvaged or a total loss and has not been retitled, what documentation and fees are required to obtain a certificate of ownership? The documentation required to obtain a certificate of ownership after the vehicle's destruction is:

     (a) All documents and fees required by chapters 46.01, 46.12, and 46.16 RCW; and

     (b) A notarized/certified release of interest or a notarized/certified bill of sale from the owner of the vehicle transferring ownership, except that a bill of sale from a licensed vehicle wrecker or insurer need not be notarized or certified;

     (c) An inspection by the Washington state patrol or other person authorized by the director to perform vehicle inspection;

Note: Receipts for all parts used for reconstruction of the vehicle need to be kept and made available upon request at the time of inspection.
     (d) An odometer statement, if applicable.)) (1) What are total loss, destroyed, salvage, and wrecked vehicles? For the purposes of this section:

     (a) A total loss vehicle is one whose destruction has been reported to the department as described in RCW 46.12.070 by an insurer (insurance companies and self-insurers as described in RCW 46.29.630);

     (b) A destroyed vehicle is one whose destruction has been reported to the department as described in RCW 46.12.070 by the vehicle's owner;

     (c) A salvage vehicle as defined in RCW 46.12.005;


Note: When used in this section, the terms "destroyed" and "destroyed vehicle" include total loss, destroyed, and salvage vehicles.

     (d) A wrecked vehicle as defined in RCW 46.80.010(6).


Note: A vehicle may be considered destroyed or wrecked when the evidence of ownership is a salvage certificate/title, insurance company bill of sale, or wrecker bill of sale from any jurisdiction, or when the evidence of ownership indicates the vehicle may be a destroyed vehicle not reported to the department.

     (2) How are vehicles reported to the department as total loss, destroyed, salvage, or wrecked?

     (a) Insurers may report total loss vehicles to the department:

     (i) Electronically through the department's on-line reporting system. Insurers must destroy ownership documents for a vehicle reported this way; or

     (ii) By submitting the certificate of ownership or affidavit in lieu of title indicating the vehicle is "DESTROYED"; or

     (iii) By submitting a completed total loss claim settlement form (TD 420-074).

Note: Reports of total loss vehicles must include the insurer's name, address, and the date of loss.

     (b) Registered or legal owners report a vehicle as destroyed by submitting the certificate of ownership or affidavit in lieu of title indicating the vehicle is "DESTROYED," and must include the registered owner's name, address, and date of loss.

     (c) Licensed wreckers report wrecked vehicles as required in RCW 46.80.090.

     (d) For vehicles six through twenty years old a statement whether or not the vehicle meets the market value threshold amount as defined in RCW 46.12.005 is also required.

     (3) What if the "market value threshold amount" is not provided as required? If the market value threshold amount is not provided when required, the department would treat the report of destruction as if the market value threshold hasbeen met. The certificate of ownership will be branded according to WAC 308-56A-530.

     (4) What documentation is required to obtain a certificate of ownership for a destroyed or wrecked vehicle? Once a destroyed or wrecked vehicle has been rebuilt, you must submit the following documentation to the department in order to obtain a certificate of ownership:

     (a) Application for certificate of ownership as described in RCW 46.12.030;

     (b) Certificate of vehicle inspection as described in WAC 308-56A-150;

     (c) Bill of sale from the insurer, owner, or wrecker who reported the vehicle's destruction to the department.

     (i) Bills of sale from insurers must include a representative's signature and title of office;

     (ii) Bills of sale from insurers and wreckers do not need to be notarized;

     (iii) Bills of sale from owners shown on department records must be notarized or certified;

     (iv) A bill of sale is not required when owners shown on department records retain a destroyed vehicle and apply for a new certificate of ownership.

     (d) Odometer disclosure statement, if applicable.

     (5) What is required of a Washington licensed vehicle dealer prior to selling a destroyed or wrecked vehicle? Except as permitted by RCW 46.70.101 (1)(b)(viii), before a dealer may sell a destroyed or wrecked vehicle under their Washington vehicle dealer license, the dealer must:

     (a) Rebuild the vehicle to standards set by the state of Washington or the federal government pertaining to the construction and safety of vehicles; and

     (b) Obtain a vehicle inspection by the Washington state patrol; and

     (c) Apply for and receive a certificate of ownership for the vehicle, issued in the name of the vehicle dealer.

     (6) Once a destroyed or wrecked vehicle is rebuilt, do the license plates remain with the vehicle? Whether or not the license plates remain with the vehicle depends on the circumstance:

     (a) Standard issue license plates may remain with a destroyed vehicle unless they are severely damaged or the vehicle was issued a department temporary permit described in WAC 308-56A-140;

     (b) Replacement license plates are required for wrecked vehicles since Washington licensed wreckers are required by WAC 308-63-070 to remove them;

     (c) Special license plates may remain with or be transferred to a destroyed or wrecked vehicle;

     (d) Applicants may retain the current license plate number as provided for in RCW 46.16.233, unless the vehicle was issued a department temporary permit as described in WAC 308-56A-140.

     (7) Will the certificate of ownership or registration certificate indicate "WA REBUILT"? Salvage or wrecked vehicles meeting the criteria described in WAC 308-56A-530 will be branded "WA REBUILT."

[Statutory Authority: RCW 46.01.110. 02-19-016, § 308-56A-460, filed 9/9/02, effective 10/10/02; 01-20-010, § 308-56A-460, filed 9/20/01, effective 10/21/01. Statutory Authority: RCW 46.01.110 and 46.12.070. 00-06-025, § 308-56A-460, filed 2/23/00, effective 3/25/00. Statutory Authority: RCW 46.01.110. 92-15-024, § 308-56A-460, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 46.01.110 and 46.12.070. 91-04-025, § 308-56A-460, filed 1/29/91, effective 3/1/91; Order MV 208, § 308-56A-460, filed 7/31/74.]

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