WSR 19-04-102
[Filed February 5, 2019, 4:05 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-23-081.
Title of Rule and Other Identifying Information: Chapter 308-61 WAC, Unauthorized and abandoned vehicles.
Hearing Location(s): On March 12, 2019, at 11:00 a.m., at the Department of Social and Health Services (DSHS) OB-2, Hood Conference Room, 1115 Washington Street S.E., Olympia, WA 98504, DSHS OB-2 hearing, check in at front counter of office. DSHS Office Bldg-2 Driving-directions; and on March 13, 2019, at 6:00 p.m., at the Moses Lake Department of Licensing Office, 1007 West Broadway, Moses Lake, WA 98837-2604.
Date of Intended Adoption: March 14, 2019.
Submit Written Comments to: Robert Norton, Department of Licensing, P.O. Box 9030, Olympia, WA 98507-9030, phone 360-902-3701, email RNORTON@DOL.WA.GOV, by March 11, 2019.
Assistance for Persons with Disabilities: Contact Robert Norton, phone 360-902–3701, email RNORTON@DOL.WA.GOV, by March 10, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed language establishes guidelines and procedures under chapter 308-61 WAC to guide the proper administration and disbursement of funds from the abandoned recreational vehicle program.
Reasons Supporting Proposal: Key stakeholders, including members of the Tow and Recovery Association of Washington and the Automotive Recyclers of Washington, supported legislation to create this new program to ease the financial burdens to towing, wrecking and scrap metal businesses who are experiencing continuing problems and financial impact involving the proper disposal of abandoned recreational vehicles.
Statutory Authority for Adoption: RCW 46.55.190, 46.53.010.
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: Robert Norton, 1125 Washington Street S.E., Olympia, WA 98507, 360-902–3701; Implementation and Enforcement: George Price, 1125 Washington Street S.E., Olympia, WA 98507, 360-902–0120.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Changes will add no additional costs to stakeholders.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
February 5, 2019
Damon Monroe
Rules Coordinator
WAC 308-61-195Abandoned recreational vehicleCriteria and required information.
(1) What costs will be reimbursed? Vehicles will be reimbursed for qualified towing, transporting, storing, dismantling, and disposal costs commencing May 1, 2019, and after. Activities prior to May 1, 2019, are not reimbursable.
(2) What are the criteria for an abandoned recreational vehicle to be eligible for reimbursement? The vehicle must:
(a) Be identifiable by a unique VIN number;
(b) Be impounded from public property;
(c) Be abandoned pursuant to chapter 46.55 RCW;
(d) Have the last known registered owner be unknown after a reasonable effort compliant with RCW 46.55.100;
(e) Have received no bids at auction; or
(f) Be declared an abandoned junk vehicle by a law enforcement officer.
(3) What vehicle information must be provided to the department upon request for reimbursement? All required information as listed on the department-approved form, to include at a minimum:
(a) VIN;
(b) Model year;
(c) Make;
(d) Model;
(e) Body style;
(f) Vehicle type;
(g) Plate number; and
(h) Plate state.
WAC 308-61-197Abandoned recreational vehicleApplication and review.
(1) What is the application process?
(a) All vehicles must first be handled through the abandoned vehicle process with an abandoned vehicle report (AVR) submitted to the department.
(b) The requestor asking for reimbursement must be one of the following businesses and be licensed at time of the activity in which requesting reimbursement:
(i) A registered tow truck operator (RTTO), as defined by RCW 46.55.010(7);
(ii) A vehicle wrecker, as defined by RCW 46.80.010(5);
(iii) A scrap processor, as defined by RCW 46.79.010(2);
(iv) A scrap metal business, as defined by RCW 19.290.010(10).
(c) Each business must complete their process before making application for reimbursement for that vehicle:
(i) An RTTO's process is considered complete when the vehicle is moved to a vehicle wrecker, scrap processor or scrap metal business for disposal. A written record of delivery to a licensed dismantler or authorized disposal site will also be required with the abandoned recreational vehicle application. A copy of that report shall be maintained in the RTTO's vehicle transaction file.
(ii) A vehicle wrecker, scrap processor, or scrap metal business's process is considered complete when the vehicle has been dismantled and/or destroyed in a way that no major component remains useable as the original vehicle. It shall be included on the wrecker monthly report as a destroyed vehicle.
(d) A request must be submitted on a form prescribed by the department and include a copy of the original AVR or wrecker/salvage processor monthly report and complete supporting documentation including written record of transport to a licensed dismantler or disposal site and all receipts verifying all costs requested for reimbursement.
(e) Businesses must submit for reimbursement by the end of the subsequent month following the activity.
(2) What is the review process?
(a) All requests will be reviewed and processed in the order received.
(b) The application and all required supporting documentation will be reviewed for the vehicle's eligibility and completeness.
(c) Once all qualifying criteria are met, a notation will be made on the record for that vehicle or a new record will be created for the vehicle.
(d) All vehicles reviewed will be grouped by each individual business submitting the request and in the order received in order to process one monthly payment.
(e) A vehicle summary and totals will be calculated and a disbursement will be ordered by the fifth business day of the following month.
(f) Incomplete applications will be returned to the business and will be eligible for reconsideration based on the new date of submission.
(3) Can I appeal an application that has been denied reimbursement?
(a) Yes. If an abandoned recreational vehicle has been denied for reimbursement by the department, the business shall be notified by the department in writing what information is required to complete the application for reimbursement or the reasons why the vehicle failed to meet the required criteria. The vehicle may be resubmitted with any required information for additional review.
(b) If the appeal has been reviewed and the vehicle is found to meet all requirements for reimbursement, the vehicle will be processed in the current month and order the appeal was received. Disbursements will be made by the fifth business day of the following month.
WAC 308-61-203Abandoned recreational vehicleReimbursements.
(1) When will the reimbursement happen? The abandoned RV program manager will process all reimbursement by the fifth business day of the month following the month that the reimbursement was received on vehicles that have met all criteria for eligibility.
(2) How/when will I get notified of the reimbursement?
(a) No confirmation of receipt for an application for reimbursement will be sent on any vehicle.
(b) If a qualified business is receiving a reimbursement for any vehicles that have been submitted, the business will receive one payment for the total of any qualified disbursements processed during the prior month along with a letter of confirmation for the vehicles included in that reimbursement.
(c) If a vehicle is not eligible for reimbursement, the department shall notify the business of the determination in writing.
(3) What if funds for reimbursements are unavailable? The reimbursements are dependent upon sufficient funding within the abandoned recreational vehicle account. If sufficient funds are not currently available when an otherwise eligible request is received, the department will hold the request in the order it was received. The department shall notify the requestor in writing that the request is being held. When funding within the abandoned recreational vehicle account is sufficient for disbursement the department will process requests being held for that business in the order they were received.
WAC 308-61-207Abandoned recreational vehicleTurning over collections to the department.
What if funds are received through collection efforts after receiving reimbursement from the department? Any funds received by the registered tow truck operator, wrecker, vehicle scrap, or scrap metal business as a result of collection activities shall be turned over to the department for any vehicles the business received reimbursements for.
WAC 308-61-215Abandoned recreational vehicleRates and caps.
At what rate will reimbursements be for?
(1) The costs will be reimbursed at a standardized scheduled rate:
Standard Rate
Towing and Transport (Increment Per Hour - Maximum Three Hours Total for Identified Class)
Class A Tow Vehicle (including - D and E)
Class B Tow Vehicle
Class C Tow Vehicle (including - B2 and S1)
Storage (Increment Per Day - Maximum 10 Days Total)
Standard Storage
Dismantling and Disposal (Increment Per Foot - Maximum per Identified Vehicle Category)
Motor Homes (Up to 35')
Travel Trailers (Up to 25')
Campers (Up to 15')
(2) Standard rates apply to:
(a) Hourly increment of towing and transport by tow vehicle class (i.e., a class 'B' tow vehicle used for two hours is three hundred thirty dollars; a class 'C' tow vehicle used for four hours is capped at seven hundred fifty dollars).
(b) Days of storage incurred (i.e., a vehicle stored for eight days is three hundred ninety-two dollars; a vehicle stored for twenty-five days is capped at four hundred ninety dollars).
(c) Classification of abandoned recreational vehicle dismantled and disposed up to the cap for that item (i.e., dismantling and disposal of a twenty-seven foot motor home is two thousand seven hundred dollars; dismantling and disposal of a thirty foot travel trailer is capped at two thousand five hundred dollars).