Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-11-115.

     Title of Rule and Other Identifying Information: WAC 308-56A-160 Model year, how determined.

     Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on October 6, 2009, at 10:00 a.m.

     Date of Intended Adoption: November 3, 2009.

     Submit Written Comments to: Dale R. Brown, P.O. Box 2957, Mailstop 48205, 1125 Washington Street S.E., Olympia, WA 98507-2957, e-mail dbrown@dol.wa.gov, fax (360) 902-7821 or 902-7822, by October 5, 2009.

     Assistance for Persons with Disabilities: Contact Dale R. Brown by October 5, 2009, TTY (360) 664-8885.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is required to comply with RCW 46.12.440 and 46.16.680 and SB 5719.

     Reasons Supporting Proposal: Relating to the title and registration requirements for kit vehicles.

     Statutory Authority for Adoption: RCW 46.01.110.

     Statute Being Implemented: RCW 46.12.440 and 46.16.680.

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

     Name of Proponent: None.

     Name of Agency Personnel Responsible for Drafting: Dale Brown, 1125 Washington Street S.E., Olympia, WA, (360) 902-4020; Implementation and Enforcement: Sheila Hadden, 1125 Washington Street S.E., Olympia, WA, (360) 902-3718.

     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 businesses in the industry.

     A cost-benefit analysis is not required under RCW 34.05.328. The contents of the proposed rules are explicitly and specifically dictated by statute.

August 24, 2009

Walt Fahrer

Rules Coordinator

OTS-2592.1

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

WAC 308-56A-160   Model year -- How determined.   (1) How is a model year assigned to a vehicle? The model year for a vehicle is the model year assigned by the manufacturer ((or in the case of homemade vehicles, it is the year the vehicle was built)). If an original manufacturer has not assigned a model year, or your vehicle is rebuilt, homemade, a street rod, or assembled vehicle, the following criteria will be used to establish the model year:

     (a) When possible, the model year will be determined from the vehicle identification number (VIN). When the VIN does not identify the production date, corresponding production records of the original manufacturer must be used.

     (b) The model year for a homemade vehicle will be the year of inspection for the purpose of making an application for certificate of ownership.

     (c) The model year for assembled vehicles will be determined at the time of inspection based on the date of manufacture of the vehicle that the newly assembled vehicle most closely resembles.

     (2) Are there standards for assigning model years that manufacturers must follow? Manufacturers must adopt standards for assigning model years based on ((either)) the date of manufacture ((or features of the vehicle)) as outlined in 46 CFR. ((The standards must be such that all vehicles assigned a model year that are manufactured in the same year with the same features are assigned the same model year.)) Manufacturers must designate the model year on the manufacturer's certificate of origin (MCO), manufacturer's statement of origin (MSO) or similar documents.

     (3) How are model years assigned to vehicles that are incomplete((, such as certain recreational vehicles))? Manufacturers of chassis or incomplete vehicles sold to ((motor home or recreational vehicle)) manufacturers who issue separate MCOs/MSOs need not assign model year to ((these vehicles)) the chassis or incomplete vehicle. The final stage manufacturer of these vehicles must assign the model year as provided in subsection (2) of this section. In the event a model year is assigned by both the incomplete vehicle manufacturer and the completing manufacturer, the completing manufacturer assigned model year will be used on the certificates of ownership and registration.

     (4) ((How will a model year be assigned to my vehicle if the manufacturer did not assign one? If an original manufacturer has not assigned a model year, or your vehicle is rebuilt, homemade, a street rod, assembled or a kit vehicle, the Washington state patrol or other person authorized by the director to make vehicle inspections will use the following criteria to establish the model year:

     (a) The model year for a homemade vehicle will be the year of inspection for the purpose of making an application for certificate of ownership.

     (b) When possible, the model year will be determined from the vehicle identification number (VIN). When the VIN does not identify the production date, corresponding production records of the original manufacturer must be used.

     (c) The model year for assembled vehicles will be determined by the Washington state patrol based on the date of manufacture of the vehicle that the vehicle most closely resembles.

     (d) The model year of a kit vehicle as defined in RCW 46.04.251 will not be the model year of the vehicle the kit replicates.

     (5))) For purposes of this section the following terms will have the meanings indicated:

     (a) "Manufacture" means to produce or assemble vehicles or vehicle equipment in the customs territory of the United States or to import.

     (b) "Manufacturer" means ((any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused vehicles or remanufactured vehicles. Manufacture includes the assembling, altering, or converting of a vehicle to the extent the vehicle qualifies for a change in the series and body type appearing on its title, MCO/MSO or similar documents.

     (b))):

     (i) A person engaged in the business of manufacturing vehicle or vehicle equipment, including predecessor or successor of the person to the extent provided under regulations prescribed by the Secretary of Transportation in 49 CFR; and

     (ii) If more than one person is the manufacturer of a vehicle, the person specified under regulations prescribed by the Secretary of Transportation in 49 CFR.

     (c) "Incomplete vehicle" means an assemblage consisting of, as a minimum:

     (i) Frame and chassis structure;

     (ii) Power train;

     (iii) Steering system;

     (iv) Suspension system; and

     (v) Braking system.

     To the extent that those systems are to be part of the completed vehicle that requires further manufacturing operation; other than the additions of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

     (((c))) (d) "Model" means a name that a manufacturer applies to a family of vehicles of the same type, make, line, series, and body type.

     (((d))) (e) "Assembled and homemade vehicles" have the meaning provided in WAC 308-56A-455.

[Statutory Authority: RCW 46.01.110, 46.12.040, 46.16.216. 03-12-006, § 308-56A-160, filed 5/22/03, effective 6/22/03; 99-12-031, § 308-56A-160, filed 5/25/99, effective 6/25/99. Statutory Authority: RCW 46.01.110. 97-07-014, § 308-56A-160, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. 94-17-044, § 308-56A-160, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110. 93-14-084, § 308-56A-160, filed 6/30/93, effective 7/31/93.]

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