Effective Date of Rule: Thirty-one days after filing.

     Purpose: Changes to the rule are required to comply with SSB 5800 passed during the 2011 legislative session.

     Citation of Existing Rules Affected by this Order: Amending WAC 308-94A-005 Certificates of title and registration.

     Statutory Authority for Adoption: RCW 46.01.110.

      Adopted under notice filed as WSR 11-17-098 on August 22, 2011.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: October 17, 2011.

Ben T. Shomshor

Rules Coordinator

OTS-4222.4

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

WAC 308-94A-005   Certificates of ((ownership)) title and registration.   (1) Is a certificate of ((ownership)) title issued for off-road and nonhighway vehicles? Yes, a certificate of ((ownership)) title is issued using the same laws, rules, and procedures for other classes of vehicles. The certificate of ((ownership)) title 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 an off-road motorcycle as defined in chapter 46.04 RCW 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)) 46.04.365? ((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 chapter 46.04 RCW, you can license it for road use by complying with chapter 46.61 RCW and filing a motorcycle highway use declaration with the department;

     (d) Is not going to be operated on public roadways or trails, 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 ORV;

     (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)) residents and 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.]

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