WSR 13-23-067
[Filed November 18, 2013, 2:48 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-20-043.
Title of Rule and Other Identifying Information: WAC 308-96A-136 Mopeds—License plates.
Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA 98507 (check in at counter on first floor), on January 7, 2014, at 3:00 p.m.
Date of Intended Adoption: January 8, 2014.
Submit Written Comments to: Cathie Jelvik, P.O. Box 9909, Olympia, WA 98507-8500, e-mail, fax (360) 570-7892, by January 6, 2014.
Assistance for Persons with Disabilities: Contact Cathie Jelvik by January 6, 2014, TTY (360) 664-0116 or (360) 902-3812.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending WAC 308-96A-136 to update statutory references and conform to recent legislation.
Reasons Supporting Proposal: Chapter 275, Laws of 2009, deleted the state patrol's authority to define and approve vehicles that may be classed as mopeds and motorcycles. This makes WAC 308-96A-136(3) inapplicable and it is being deleted from the rule. Chapter 46.16 RCW was recodified as chapter 46.16A RCW by the 2010 legislature, so references to sections within that chapter are being updated in the rule.
Statutory Authority for Adoption: RCW 46.01.110 and 46.16A.200.
Statute Being Implemented: Chapter 46.16A RCW.
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: Cathie Jelvik, Olympia, (360) 902-3812; Implementation and Enforcement: Toni Wilson, Olympia, (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 19.85.025(3) and 34.05.310 (4)(e).
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).
November 18, 2013
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 02-11-096, filed 5/20/02, effective 6/20/02)
WAC 308-96A-136 Mopeds—License plates.
(1) Will the department issue a license plate for my moped?
The department will issue a motorcycle series license plate for your moped when you make proper application.
The number on the license plate serves as the moped's registration number as required in RCW ((46.16.630)) 46.16A.405.
(2) How do I display the license plate on my moped?
The license plate must be displayed on the rear of your moped as provided in RCW ((46.16.240)) 46.16A.200.
(((3) If my moped does not meet the standard criteria for a moped, can I get it licensed as such? A Washington state patrol inspection may be required before a license can be issued. The Washington state patrol has the discretion to inspect and define similar vehicles as mopeds. If the vehicle is similar to a moped, it must be identified as a moped by the Washington state patrol inspection before a license can be issued.))