WSR 11-13-117



[ Filed June 21, 2011, 2:26 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-24-051.

Title of Rule and Other Identifying Information: WAC 308-96A-005 Definitions, 308-96A-350 Vehicle violations, and 308-96A-355 Satisfaction of vehicle violations.

Hearing Location(s): Department of Licensing, Conference Room 303, 1125 Washington Street S.E., Olympia, WA 98507, on July 28, 2011, at 10:00 a.m.

Date of Intended Adoption: August 22, 2011.

Submit Written Comments to: Debra Then, P.O. Box 9037, Mailstop 48205, 1125 Washington Street S.E., Olympia, WA 98501-9037, e-mail, fax (360) 570-3706, by July 15, 2011.

Assistance for Persons with Disabilities: Contact Debra Then by July 15, 2011, TTY (360) 664-0116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes to the rule are required to comply with ESSB 6499 passed by the legislature during the 2010 regular session.

Reasons Supporting Proposal: To clarify the process for issuing and satisfying vehicle violations regarding toll violations.

Statutory Authority for Adoption: RCW 46.01.110.

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

Name of Proponent: , governmental.

Name of Agency Personnel Responsible for Drafting: Debra Then, 1125 Washington Street S.E., Olympia, WA, (360) 902-4094; Implementation and Enforcement: Jennifer Dana, 1125 Washington Street S.E., Olympia, WA, (360) 902-3673.

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.

June 21, 2011

Ben T. Shomshor

Rules Coordinator


AMENDATORY SECTION(Amending WSR 06-21-027, filed 10/9/06, effective 11/9/06)

WAC 308-96A-005   Terminology -- Definitions.   Terms used in chapter ((46.16)) 46.16A RCW and this chapter will have the following meanings except where otherwise defined, and where the context clearly indicates the contrary:

(1) (("Affidavit of loss" is a written statement confirming the certificate of ownership, registration certificate, validation tab or decal has been lost, stolen, destroyed or mutilated. The affidavit of loss release of interest form may be used to release interest in the vehicle and transfer gross weight license of that vehicle to a new owner. The signature of the owner completing the affidavit of loss release of interest must be notarized or certified as described in WAC 308-56A-270.

(2) "Agent" means any county auditor, or other individual or business entity other than a subagent appointed to carry out vehicle licensing and titling functions for the department. (RCW 46.01.140.)

(3))) "Application" means a form provided or approved by the department to apply for different types of services and documents.

(((4))) (2) "Cab and chassis" is an incomplete vehicle manufactured and sold with only a cab, frame and running gear. (WAC 308-96A-145.)

(((5))) (3) "Certificate of license registration" means a document issued by the department and required by RCW ((46.16.260)) 46.16A.180 to be carried in the vehicle to operate legally on the roadways of Washington and described in RCW ((46.12.050)) 46.12.540.

(((6))) (4) "Chattel lien" is a process by which a person may sell or take ownership of a vehicle when:

(a) They provide services or materials for a vehicle at the request of the registered owner; and

(b) The person who provided the services and/or materials has not been compensated.

(((7) "Collector vehicle license plate" is a special license plate that may be assigned to a vehicle that is more than thirty years old as authorized by RCW 46.16.305(1).

(8))) (5) "Confidential" and "undercover" license plates ((are standard issue license plates assigned to vehicles owned or operated by public agencies. These license plates are used as specifically authorized by RCW 46.08.066)) have the same meaning as provided in RCW 46.04.142.

(((9))) (6) "Current year" means the current registration year unless otherwise stated. (WAC 308-96A-260.)

(((10) "Department" means the department of licensing. (RCW 46.04.162.)

(11) "Empty scale weight" means the same as "scale weight" in this section.

(12))) (7) "Exception reports" means the main source of communication between jurisdictions and the department of licensing as computer reports that must be used by the jurisdiction to correct errors they have submitted to the department. Reports are received by all participating jurisdictions, whether processing vehicle violations manually or electronically.

(8) "Expiration day and month."

(a) "Date of expiration" or "expiration date" means the day of the month on which the vehicle registration, gross weight license, decal or tabs expire.

(b) "Month of expiration" or "expiration month" means the calendar month during which a registration period ends. (WAC 308-96A-260.)

(((13))) (9) "Fleet" means a group of vehicles registered in the same owner name and which have been assigned the same fleet identifier code by the department.

(((14) "Fixed load vehicle" is a vehicle that is exempt from the one hundred fifty percent gross weight requirements as specified in RCW 46.16.079 and described in WAC 308-96A-099.

(15))) (10) "Gross weight," "declared gross weight," and "tonnage" mean gross weight defined in RCW ((46.16.070, 46.16.090, 46.16.111)) 46.16A.455, 46.16A.425, 46.04.140 and chapter 46.44 RCW.

(((16) "Gross vehicle weight rating" (GVWR) means the value specified by the manufacturer as a maximum load weight of a single vehicle.

(17) "Hybrid motor vehicle" means a vehicle that uses multiple power sources or fuel types for propulsion and meets the federal definition of a hybrid motor vehicle.

(18))) (11) "Identification card" means the identification card referred to in RCW ((46.16.381(3))) 46.19.010 for disabled parking privileges and is used for identification of persons with disabilities.

(((19))) (12) "Indian country" means all lands, notwithstanding the issuance of any patent, within the exterior boundaries set aside by the United States for the use and occupancy of Indian tribes by treaty, law or executive order and which are areas currently recognized as "Indian country" by the United States Department of the Interior as referenced in 18 U.S.C. 1151 and CFR 25.

(((20))) (13) "Indian tribe" means a Washington Indian nation, tribe, band, or community recognized as an "Indian tribe" by the United States Department of the Interior.

(((21))) (14) "Indian" means a person on the tribal rolls of the Washington Indian tribe occupying Indian country.

(((22))) (15) "Individual with disabilities parking placard expiration date" means the last day of the month as specified on the department placard.

(((23))) (16) "Jurisdiction" as used in the ((parking ticket)) vehicle violation system means any district, municipal, justice, superior court, Washington state department of transportation, or authorized representative of one of these entities.

(((24))) (17) "Jurisdiction seal" means an embossed seal or stamp provided by the jurisdiction to authenticate ((court)) documents provided by jurisdictions.

(((25))) (18) "Landlord's lien" for rent is a process by which a landlord may sell or take ownership of a tenant's vehicle as security for rent due.

(((26))) (19) "License or licensing" and "register or registering" are synonymous and mean the act of registering a vehicle under chapter ((46.16)) 46.16A RCW.

(((27))) (20) "License fee" means the fees required for the act of licensing a vehicle under chapter ((46.16)) 46.17 RCW. License fee does not include license plate fees identified as taxes, and fees collected by the department for other jurisdictions.

(((28) "License tab fees" means the same as described in RCW 46.16.0621.

(29))) (21) "Licensed physician" for the purpose of individual with disabilities parking privileges, means: Chiropractic physicians, naturopaths, medical doctors, osteopathic physicians, podiatric physicians, and advanced registered nurse practitioners. Licensed physician does not include persons licensed in the professions of dentistry and optometry. (RCW ((46.16.381(1))) 46.19.010.)

(((30) "Motor home" means a vehicle designed or altered for human habitation as described in RCW 46.04.305.

(31))) (22) "Municipality" in reference to parking tickets, means every court having jurisdiction over offenses committed under RCW 46.20.270.

(((32) "Natural person" means a human being.

(33))) (23) "NCIC number" means the numeric code assigned by the National Crime Information Center to identify a jurisdiction.

(((34))) (24) "One hundred twenty-day notice" in reference to ((parking)) vehicle violations means a notice of ((parking)) vehicle violations that must be satisfied prior to the registration renewal date. (RCW ((46.16.216)) 46.16A.120.)

(((35) "Parking ticket)) (25) "Vehicle violation disposition" means the requested action as determined by the jurisdiction to add failure-to-pay ((parking)) vehicle violations, or to remove paid ((parking)) vehicle violations from a vehicle record. (RCW ((46.16.216)) 46.16A.120.)

(((36) "Parking)) (26) "Vehicle violation" means any standing, stopping ((or parking)), toll nonpayment civil penalty, automated traffic safety camera infractions, or vehicle violation per RCW 46.20.270(3).

(((37) "Parking)) (27) "Vehicle violation list" means a computerized list containing all outstanding ((parking)) vehicle violations, which have been processed by the department. (RCW ((46.16.216(1))) 46.16A.120.)

(((38))) (28) "Permanent" in reference to individual with disabilities parking privileges, means a licensed physician has certified that a qualifying condition is expected to last at least five years. (RCW ((46.16.381)) 46.19.010. WAC 308-96A-306.)

(((39))) (29) "Permanent fleet" means a group of ((one hundred)) fifty or more vehicles registered in the same owner(s) name and which have been assigned the same fleet identifier code by the department and has an expiration date of December 31st of each year. (WAC 308-96A-161.)

(((40))) (30) "Permit" in reference to individual with disabilities parking privileges means the proof provided by the department in the form of placard(s), special license plate(s) and an identification card indicating eligibility for individual with disabilities parking privileges. (RCW ((46.16.381)) 46.19.010.)

(((41) "Personalized license plates" are plates denoting the registered owner's chosen format or designation and are limited to those described in RCW 46.16.560, 46.16.570, and 46.16.580. (WAC 308-96A-065.)

(42))) (31) "Personal use vehicle" in reference to disabled veteran's, prisoners of war and congressional medal of honor plates, means vehicles not used for commercial purpose including: Passenger vehicles, motor homes, motorcycles, and trucks with designated gross vehicle weight not exceeding twelve thousand pounds. Registration ownership must be in the name of the individual and not in the business name. (WAC 308-96A-046.)

(((43))) (32) "Placard" is an item issued to individuals who qualify for special individual with disabilities parking privileges under RCW ((46.16.381)) 46.19.010 and are entitled to receive from the department of licensing in the form of a removable windshield placard bearing the international symbol of access and individual serial number.

(((44))) (33) "Private carriers" means those entities contracting with public transportation authorities to transport persons with disabilities described in RCW ((46.16.381)) 46.19.010.

(((45) "Private use trailer" means one that is owned by a natural person, and used for the private noncommercial use of the owner.

(46))) (34) "Privilege" in reference to individual with disabilities parking privileges means permission to utilize the benefits associated with the permit. (RCW ((46.16.381)) 46.19.010, 46.61.582 and ((70.84.090)) chapter 70.84 RCW (July 1, 2011, version). WAC 308-96A-306.)

(((47))) (35) "Public transportation authorities" means those entities operating motor vehicles owned or leased by Washington state, or a town, city, county, municipality, or metropolitan or municipal corporation within the state, or United States government agencies or Indian nations used for the primary purpose of transporting persons with disabilities described in RCW ((46.16.381)) 46.19.010.

(((48))) (36) "Regular fleet" means a group of five or more vehicles registered in the same owner(s) name and which have been assigned the same fleet identifier code by the department and has an expiration date of December 31st of each year. (WAC 308-96A-161.)

(((49) "Rental car" means a car that is rented as defined in RCW 46.04.465.

(50) "Renewal notice" means the notice to renew a vehicle license. Renewal notices are sent to the registered owner approximately sixty days prior to the current expiration date.

(51))) (37) "Salvage title" means a certificate of title issued by another jurisdiction designating a motor vehicle as a "salvage vehicle."

(((52) "Scale weight" means the weight of a vehicle as it stands without a load. (RCW 46.16.070, 46.16.111, and chapter 46.17 RCW.)

(53))) (38) "Self-storage facilities lien" is a process by which the owner of a self-storage facility may sell a vehicle stored at the facility as security for rent or other charges due.

(((54))) (39) "Signature" means any memorandum, mark, sign or subscriptions made with intent to authenticate an application. (RCW 9A.04.110(23).)

(((55) "Special mailer" means the notice sent by the department in lieu of a renewal notice. The special mailer indicates additional or corrective information that must be provided at the time of registration renewal.

(56) "Subagent" means individual(s) recommended by an agent and appointed by the director to provide vehicle and vessel licensing and titling services under contract with the agent as described in RCW 46.01.140.

(57) "Tab(s)" means stickers, issued by the department, affixed to the rear license plate to identify the registration expiration month and year for a specific vehicle.

(58) "Transit permit" means a document that authorizes an individual to operate a vehicle on a public highway of this state solely for the purpose of obtaining necessary documentation to complete and apply for a Washington certificate of ownership or registration, and does not allow unrestricted use of the vehicle. (WAC 308-96A-026.)

(59))) (40) "Unprocessed" as used in ((parking ticket)) vehicle violation system means ((no)) an update of the computer record has not ((been updated)) occurred.

(((60))) (41) "Use classes" means those vehicles described in WAC 308-96A-099.

(((61))) (42) "Vehicle data base record" means the electronic record stored on the department's motor vehicle data base reflecting vehicle and ownership information.

(((62))) (43) "Vehicle/vessel ((seller's)) report of sale" means a document or electronic record transaction that when properly filed protects the seller of a vehicle/vessel from certain criminal and civil liabilities arising from use of the vehicle/vessel by another person after the vehicle/vessel has been sold or a change in ownership has occurred.

[Statutory Authority: RCW 46.16.010. 06-21-027, 308-96A-005, filed 10/9/06, effective 11/9/06. Statutory Authority: RCW 46.16.381. 04-14-077, 308-96A-005, filed 7/6/04, effective 8/6/04. Statutory Authority: RCW 46.01.1110, 46.16.135, 46.16.225, 46.16.490, 46.17.276. 02-17-024, 308-96A-005, filed 8/12/02, effective 9/12/02. Statutory Authority: RCW 46.01.110, 46.16.135, [46.16.225], 46.16.490, and 46.16.276. 01-17-017, 308-96A-005, filed 8/3/01, effective 9/3/01. Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.17.276. 00-09-008, 308-96A-005, filed 4/6/00, effective 5/7/00. Statutory Authority: RCW 46.01.110. 97-10-003, 308-96A-005, filed 4/24/97, effective 5/25/97. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. 94-17-044, 308-96A-005, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110. 93-14-083, 308-96A-005, filed 6/30/93, effective 7/31/93; 92-15-025, 308-96A-005, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. 92-02-100, 308-96A-005, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.01.110 and 46.16.335. 91-15-006, 308-96A-005, filed 7/8/91, effective 8/8/91. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-005, filed 5/28/87. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. 86-10-040 (Order TL/RG 24), 308-96A-005, filed 5/5/86; Order MV-355, 308-96A-005, filed 5/10/76; Order MV-328, 308-96A-005, filed 7/24/75.]


AMENDATORY SECTION(Amending WSR 01-17-091, filed 8/20/01, effective 9/20/01)

WAC 308-96A-350   Outstanding ((parking)) vehicle violations -- Information to be supplied to the department by issuing jurisdictions.   (1) How is the department notified of outstanding (unpaid) ((parking)) vehicle violations? The jurisdiction notifies the department of outstanding ((parking)) vehicle violations. The notice will include the following:

(a) Jurisdiction name.

(b) NCIC number/originating agency identifier (ORI)/jurisdiction ID.

(c) ((Parking)) Vehicle violation number.

(d) Date ((parking)) vehicle violation was issued.

(e) Vehicle license plate number.

(f) Fine and penalty amount.

(g) Jurisdictions seal, except if filed electronically.

(h) Signature and date when required on form, except if filed electronically.

(2) When will the department accept ((parking)) vehicle violations for a vehicle data base record by a jurisdiction? An original report against a vehicle record must contain a minimum of two outstanding violations from one jurisdiction. Subsequent reports against that vehicle by that same jurisdiction may be for a single violation unless the vehicle record indicates all existing violations have been paid and no further violations have been accrued in the thirteen months following the payment. If thirteen months have elapsed, the jurisdiction must submit an original report containing a minimum of two violations.

(3) What methods do jurisdictions use to notify the department of ((parking)) vehicle violations? Information must be provided in accordance with department instructions by:

(a) A form ((issued)) created or approved by the department;

(b) A computer listing sheet; or

(c) Electronic format.

(4) What methods do jurisdictions use to correct invalid, incomplete or inaccurate record transactions received and processed by the department electronically or manually?

(a) Reconcile and correct errors identified on the exception reports provided by the department; and

(b) Submit corrected transactions to the department.

[Statutory Authority: RCW 46.01.110, 46.12.040, 46.12.216. 01-17-091, 308-96A-350, filed 8/20/01, effective 9/20/01. RCW 46.01.110, 46.12.040, 46.16.216. 00-03-057, 308-96A-350, filed 1/18/00, effective 2/18/00; 91-04-024, 308-96A-350, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.110. 84-17-074 (Order TL-RG 7), 308-96A-350, filed 8/15/84.]


AMENDATORY SECTION(Amending WSR 01-17-091, filed 8/20/01, effective 9/20/01)

WAC 308-96A-355   Satisfaction of ((parking)) vehicle violations -- Information to be supplied by issuing jurisdiction.   What happens when outstanding ((parking)) vehicle violations are satisfied? Upon satisfaction of ((parking)) vehicle violations previously reported as outstanding against a vehicle, the issuing jurisdiction must:

(1) Furnish the registered owner with a proof of payment form; and

(2) ((Supply)) Notify the department ((with the following information)) within ten days of satisfaction of the ((parking)) vehicle violations.

((The information must be on a form approved by the department, on a computer listing sheet or electronic format in accordance with department instructions containing:)) (3) Both proof of payment and notification to the department must contain:

(a) Jurisdiction name((,));

(b) NCIC number/originating agency identifier (ORI)((,))/jurisdiction ID;

(c) ((Parking)) Vehicle violation number((,));

(d) Date ((parking)) vehicle violation was issued((,));

(e) Vehicle license plate number((,));

(f) Date of satisfaction((,));

(g) Jurisdiction seal, except if filed electronically((,));

(h) Signature of ((court)) representative and date signed, except if filed electronically.

((Information must be provided on a form approved by the department on a computer listing sheet or electronic format in accordance with department instructions.)) (4) If filed electronically, must be in accordance with department instructions.

[Statutory Authority: RCW 46.01.110, 46.12.040, 46.12.216. 01-17-091, 308-96A-355, filed 8/20/01, effective 9/20/01. RCW 46.01.110, 46.12.040, 46.16.216. 00-03-057, 308-96A-355, filed 1/18/00, effective 2/18/00. Statutory Authority: RCW 46.01.110. 84-17-074 (Order TL-RG 7), 308-96A-355, filed 8/15/84.]

Washington State Code Reviser's Office