WSR 11-17-098



[ Filed August 22, 2011, 12:13 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-14-122.

Title of Rule and Other Identifying Information: TITLE 308 WAC, Department of licensing, to include but not limited to WAC 308-94A-005 Certificates of ownership and registration.

Hearing Location(s): Department of Licensing, Conference Room 303, 1125 Washington Street S.E., Olympia, WA 98507, on October 13, 2011, at 11:00 a.m.

Date of Intended Adoption: October 17, 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 September 26, 2011.

Assistance for Persons with Disabilities: Contact Debra Then by September 26, 2011, TTY (360) 664-0116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is required to comply with SSB 5800 of the 62nd legislature passed during the 2011 legislative session (chapter 121, Laws of 2011).

Reasons Supporting Proposal: Provides clarity regarding what licensing options for off-road and nonhighway vehicles.

Statutory Authority for Adoption: RCW 46.01.110.

Statute Being Implemented: Chapter 121, Laws of 2011.

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

Name of Proponent: None.

Name of Agency Personnel Responsible for Drafting: Debra Then, 1125 Washington Street S.E., Olympia, WA, (360) 902-4094; Implementation and Enforcement: Toni Wilson, 1125 Washington Street S.E., Olympia, WA, (360) 902-3811.

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 22, 2011

Ben T. Shomshor

Rules Coordinator


AMENDATORY SECTION(Amending WSR 06-21-024, filed 10/9/06, effective 11/9/06)

WAC 308-94A-005   Certificates of ownership and registration.   (1) Is a certificate of ownership issued for off-road and nonhighway vehicles? Yes, a certificate of ownership is issued using the same laws, rules, and procedures for other classes of vehicles. The certificate of ownership will indicate the ((brand)) comment "not eligible for road use((,))" if a vehicle is not manufactured for road use or "modified for on-road use" if a motorcycle has been modified for use on highways and roads.

(2) What are the licensing options for off-road and nonhighway vehicles described in RCW ((46.09.020)) 46.09.310? ((Licensing options include)) If your vehicle:

(a) ((If your vehicle)) Is licensed for road use under chapter ((46.16)) 46.16A RCW:

(i) Your license plates will be valid for off-road use, but you may need an ORV license in designated areas;

(ii) You may purchase an annual or temporary off-road use permit.

(b) ((If your vehicle)) Is not manufactured for road use, you may only purchase an annual or temporary off-road use permit;

(c) Is an off-road motorcycle as defined in RCW, you can license it for road use by filing a motorcycle highway use declaration with the department.

(d) Is not going to be operated on- or off-road, you may ((choose to)) title your vehicle without licensing it.

(3) What is an ((off-road/nonhighway vehicle)) ORV use permit?

(a) The temporary ((off-road/nonhighway)) ORV use permit authorized under RCW ((46.09.070)) 46.09.430 is:

(i) Valid for sixty days from the date of application;

(ii) Available to nonresidents and Washington residents who choose not to ((annually license their)) purchase an annual ORV registration;

(iii) Not transferable to another vehicle.

(b) The ((permanent off-road/nonhighway use permit)) annual ORV registration authorized under RCW ((46.09.070)) 46.09.410 is:

(i) Valid for one year from the date of application;

(ii) Available to ((residents of Washington who choose to annually license their ORV)) nonresidents when the ORV is primarily used in Washington state;

(iii) Not transferable to another vehicle.

(4) What do I do with the annual or temporary off-road permit? The permit must be:

(a) Carried on the vehicle ((whenever in use));

(b) Made available to any law enforcement officer on request.

(5) May I operate my off-road/nonhighway vehicle using a temporary or annual vehicle use permit on any dirt ((or)), gravel road, or trail in Washington? ((There may be different requirements, depending upon the jurisdiction control of the dirt, gravel road, or trail area.)) No. Check with local, state, or federal authorities in the areas you intend to operate the vehicle ((to ensure you are operating in accordance with their requirements)).

[Statutory Authority: RCW 46.16.110. 06-21-024, 308-94A-005, filed 10/9/06, effective 11/9/06. Statutory Authority: RCW 46.01.110. 01-13-008, 308-94A-005, filed 6/8/01, effective 7/9/01; 99-24-013, 308-94A-005, filed 11/22/99, effective 12/23/99.]

Washington State Code Reviser's Office