WSR 05-01-226



[ Filed December 22, 2004, 10:30 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-11-106.

Title of Rule and Other Identifying Information: WAC 308-56A-405, 308-56A-410, 308-56A-415, and 308-56A-420.

Hearing Location(s): Dealer and Manufacturer Services, 2424 Bristol Court, 3rd Floor Conference Room, Olympia, WA 98502, on January 31, 2005, at 1:30 p.m.

Date of Intended Adoption: February 14, 2005.

Submit Written Comments to: Kim Johnson, P.O. Box 9039, Olympia, WA 98504, e-mail, fax (360) 586-6703 by January 24, 2005.

Assistance for Persons with Disabilities: Contact Linda Whipple by January 24, 2005, TTY (360) 664-0116 or (360) 664-6455.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To comply with the Governor's Executive Order 1997-02, and to add "leasing" activity to the WAC.

Reasons Supporting Proposal: To update the WAC and to add "leasing" language which is now in the statute per HB 1581 (2001) amendments to chapter 46.70 RCW.

Statutory Authority for Adoption: RCW 46.70.160.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Licensing, governmental.

Name of Agency Personnel Responsible for Drafting: Cal Sanders, 2424 Bristol Court, Olympia, WA 98502, (360) 664-6459; Implementation: Chuck Coach, 2424 Bristol Court, Olympia, WA 98502, (360) 664-6453; and Enforcement: Daniel Devoe, 2424 Bristol Court, Olympia, WA 98502, (360) 664-6451.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no small business impact.

A cost-benefit analysis is not required under RCW 34.05.328. There is no impact for Department of Licensing or small business.

December 6, 2004

Fred Stephens



AMENDATORY SECTION(Amending Order MV 208, filed 7/31/74)

WAC 308-56A-405   Acquired from United States government.   Do I need to title those vehicles? A licensed vehicle dealer who acquires vehicles from an agency of the United States government may title the vehicles under "title purpose only" procedures and need attach only the original or one certified copy of the bill of sale if each application is filed in the name of the dealer and all such applications are filed at the same time.

[Order MV 208, 308-56A-405, filed 7/31/74.]

AMENDATORY SECTION(Amending Order MV 208, filed 7/31/74)

WAC 308-56A-410   No application required.   When do I not need to apply for a certificate of ownership? A Washington vehicle dealer need not apply for title in his own name when:

(1) A vehicle is acquired that is titled and the title is properly released; or

(2) One vehicle dealer transfers a particular vehicle to another vehicle dealer, unless precluded by other regulations;

(3) The dealer has a properly executed affidavit of loss from the legal owner of record and release of interest from the registered and legal owners of record for a Washington titled vehicle.

[Order MV 208, 308-56A-410, filed 7/31/74.]

AMENDATORY SECTION(Amending Order MV 208, filed 7/31/74)

WAC 308-56A-415   Application in dealers name.   When do I need to apply for a certificate of ownership? Except as referenced in WAC 308-56A-410, a Washington dealer must apply for title in his/her own name by following all procedures set forth in these rules whenever the dealer does not have a valid certificate of ownership properly released.

[Order MV 208, 308-56A-415, filed 7/31/74.]

AMENDATORY SECTION(Amending WSR 99-02-049, filed 1/5/99, effective 2/5/99)

WAC 308-56A-420   Delivery of vehicle on dealer temporary permit.   How do I deliver a vehicle on a dealer temporary permit?

(1) A vehicle dealer properly licensed pursuant to chapter 46.70 RCW may deliver a vehicle not currently registered or that does not bear valid Washington state license plates or tabs by utilizing a dealer temporary license permit.

(2) The application for title portion of the permit form must be properly and completely filled out by the selling/leasing dealer, including the dealer's report of sale and the date on which the vehicle is physically delivered to the customer/purchaser/lessee. If license based on gross weight is required, the amount of gross weight purchased must be clearly shown. The application must be signed by the registered owner(s) or lessee.

(3) The dealer shall collect all fees required for titling and registration of a vehicle.

(4) The dealer shall detach the hard copy of the dealer permit and shall record the date of expiration in dark, bold letters and numbers on the permit side of that copy. Date of expiration will be forty-five calendar days after date on which the vehicle is physically delivered to the customer/purchaser/lessee.

(5) The application copies shall be used by the dealer to apply for title and to complete licensing of the vehicle. Except as provided in RCW 46.70.180(8), when a second temporary permit is authorized; the selling dealer must submit the application and all title/licensing fees to the department of licensing or an authorized licensing agent within forty-five calendar days from the date on which the vehicle is physically delivered to the customer/purchaser. The date on which the selling or leasing dealer physically delivers the vehicle to the customer/purchaser/lessee shall commence the forty-five day interval in which the selling or leasing dealer must make an application for a certificate of title in the purchaser's or lessee's name. Additionally, the director may excuse late applications only in situations where applications are delayed, for reasons beyond the control of the dealer.

(6) The hard copy of the permit and a purchase order identifying the vehicle and the date on which the vehicle ((is)) was physically delivered to the customer/purchaser/lessee must be carried in the vehicle or the towing vehicle at all times the vehicle is operated on the temporary permit.

(7) The hard copy of the dealer temporary license permit shall be displayed on the inside of the rear window in the lower left corner, or enclosed in a moisture proof protective case securely attached in the rear license plate holder, with the expiration date visible to one standing or following at the rear of the vehicle.

(8) The dealer temporary license permit is valid for not more than forty-five calendar days commencing with the date on which the vehicle is physically delivered to the customer/purchaser/lessee.

(9) The dealer temporary license permit shall not:

(a) Be issued for a dealer inventoried or a dealer or dealer-employee operated vehicle;

(b) Be issued as a demonstration permit;

(c) Be issued for a vehicle processed as a courtesy delivery.

(10) Fees paid for dealer temporary license permit application forms are not refundable unless the dealer ceases doing business as a vehicle dealer. A credit, in the amount of the permit form fee, will be provided when the permit is used by the vehicle dealer to make application for a vehicle title.

(11) The dealer shall maintain a record of each dealer temporary permit form acquisition and distribution including the following:

(a) ((Vehicle purchaser's names;)) Date and location of purchase of each permit and the permit number;

(b) ((Vehicle identification;)) Identification of vehicles delivered on temporary permits;

(c) Dates of vehicle sales, leases and deliveries((; and

(d) Date and location of purchase of each permit form and the permit number)).

[Statutory Authority: RCW 46.70.160 and 46.70.110. 99-02-049, 308-56A-420, filed 1/5/99, effective 2/5/99. Statutory Authority: RCW 46.70.160 and 46.70.124. 94-21-055, 308-56A-420, filed 10/13/94, effective 11/13/94. Statutory Authority: RCW 46.01.110. 93-14-084, 308-56A-420, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.70.160. 90-10-013, 308-56A-420, filed 4/20/90, effective 5/21/90; Order MV 208, 308-56A-420, filed 7/31/74.]

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