DEPARTMENT OF LICENSING

[Filed July 23, 2025, 10:14 a.m.]

Preproposal statement of inquiry was filed as WSR 25-13-105.

Title of Rule and Other Identifying Information: WAC 308-56A-210 Ownership in doubt—Bonded title or three-year registration without title, and 308-93-440 Ownership in doubt—Bonded title or three-year registration without title.

Hearing Location(s): On September 15, 2025, at 10:00 a.m., via Zoom meeting at https://us06web.zoom.us/j/84561974470?pwd=4J3Xu7Q81GVYRd0Z3aZWY2cRchpRxV.1, Meeting ID 845 6197 4470, Passcode 583453; or One-tap mobile +12532050468,,84561974470#,,,,*583453# U.S., +12532158782,,84561974470#,,,,*583453# U.S. (Tacoma), Meeting ID 845 6197 4470, Passcode 583453. Find your local number at https://us06web.zoom.us/u/kbRkvNFhCR.

If you are having trouble accessing the virtual meeting, please call 360-902-3486 at the time of the hearing to request assistance. Please email rulescoordinator@dol.wa.gov if you would like to request an interpreter, or other accommodations, at least one week in advance of the public hearing.

PLEASE NOTE: Hearing participants are encouraged to attend in person or be prepared to use the telephonic (call-in) option if they experience technical difficulties. In-person attendance will take place at the Highways and Licensing Building, 1125 Washington Street S.E., Olympia, WA 98504 [98501].

Date of Intended Adoption: September 16, 2025.

Submit Written Comments to: Ellis Starrett, 1125 Washington Street S.E., Olympia, WA 98501, email RulesCoordinator@dol.wa.gov, beginning August 6, 2025, by September 15, 2025.

Assistance for Persons with Disabilities: Contact Ellis Starrett, phone 360-902-3846, email rulescoordinator@dol.wa.gov, by September 5, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Since RCW 46.12.635 was amended in 2021, customers no longer need to send a certified letter requesting a release of interest from the previously registered and legal owners when applying for a vehicle title through the ownership in doubt process. Amending WAC 308-56A-210 and 308-93-440 will help clarify and ensure our rules are reflective of current statutory requirements. This proposed change aligns with the requirements of RCW 46.12.635, which protects the names and addresses of vehicle and vessel owners.

Reasons Supporting Proposal: Amending WAC 308-56A-210 and 308-93-440 to clarify that customers will not be required to seek releases of interest from the prior owner before entering ownership in doubt. This proposed change will align the department of licensing's rules with RCW 46.12.635, which protects the names and addresses of vehicle and vessel owners.

Statutory Authority for Adoption: RCW 46.01.110 Rule-making authority, 46.12.635 Disclosure of names and addresses of individual vehicle and vessel owners—Address confidentiality program participants, and 46.12.680 Ownership in doubt—Procedure.

Statute Being Implemented: RCW 46.12.635 Disclosure of names and addresses of individual vehicle and vessel owners—Vehicle and vessel information—Address confidentiality program participants.

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: Ellis Starrett, 1125 Washington Street S.E., Olympia, WA 98501, 360-902-3846; Implementation and Enforcement: Chante Vernie, 1125 Washington Street S.E., Olympia, WA 98501, 360-902-3937.

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. In accordance with implementing current statute RCW 46.12.635 this rule making would remove requirements and reduce burdens placed on individuals and businesses.

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 rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: The proposed rule making only eliminates requirements for those seeking vehicle titling through the ownership in doubt process by aligning current rules with recent changes to RCW 46.12.635. This will relieve some burdensome requirements for individuals or businesses navigating the ownership in doubt process.

Scope of exemption for rule proposal:

Rules and Policy Manager

AMENDATORY SECTION(Amending WSR 23-23-183, filed 11/22/23, effective 12/23/23)

WAC 308-56A-210Ownership in doubt—Bonded title or three-year registration without title.

(1) What is ownership in doubt? Ownership in doubt is when a vehicle owner(s) is unable to obtain satisfactory evidence of ownership or releases of interest as described in WAC 308-56A-265.

(2) What options are available in an ownership in doubt situation? When in an ownership in doubt situation, the owner may:

(a) Apply for three-year registration without title; or

(b) Apply for a bonded title described in RCW ((46.12.151))46.12.550; or

(c) Petition any district or superior court of any county of this state to receive a judgment awarding ownership of the vehicle. This is required if ownership of the vehicle is contested after the applicant makes application for ownership in doubt and before the three-year ownership in doubt period has lapsed.

(3) What documents are required when applying for a bonded title or three-year registration without title? Required documents when applying for a bonded title or three-year registration include:

(a) ((The originals or copies of letters sent by registered or certified mail to the registered and legal owners of record, including the return receipt. The letters must include information regarding the applicant's claim to ownership and a request for the released certificate of ownership (title) or a notarized or certified release of interest.

(i) If there is no Washington record, (a) of this subsection does not apply.

(ii) If the owners of record do not respond before submitting their application, the applicant must wait 15 days from acknowledged receipt of the letter.

(iii) If the letter is returned unclaimed, the applicant must submit the letter, unopened, with the application.

(b))) A bonded title or a three-year registration without title affidavit completed by the applicant and signed by all persons to be shown as a registered owner.

(((c)))(b) Washington state patrol inspection, unless the vehicle is specifically exempt under subsection (4) of this section. For vehicles exempt from the Washington state patrol inspection under subsection (4) of this section, the following documents are also required:

(i) A bonded title or three-year registration without title affidavit for vehicles exempt from the Washington state patrol inspection completed and signed by a person to be shown as a registered owner; and

(ii) A legible etching or photograph of the VIN as proof of the VIN.

(((d)))(c) Application for certificate of ownership (title).

(((e)))(d) A bond as described in RCW ((46.12.151))46.12.550, if the applicant is applying for a bonded title.

(((f)))(e) Other documents that may be required by law or rule.

(4) Are there exemptions from the Washington state patrol inspection? Yes.

(a) Certain vehicles are exempt from the Washington state patrol inspection if:

(i) There is a Washington record; or

(ii) There is no Washington record, but the vehicle owner has a title or registration certificate issued by Washington or another jurisdiction.

(b) Vehicles exempt from the Washington state patrol inspection include:

(i) Mopeds;

(ii) Trailers with a scale weight less than 2,000 pounds;

(iii) Not eligible for road use (NEFRU) vehicles as defined in WAC 308-56A-500 when the model year is 10 years old or older;

(iv) Travel trailers and park model trailers when the model year is 10 years old and older;

(v) Campers when the model year is 10 years old and older;

(vi) Manufactured and mobile homes are exempt at all times.

(5) When is a bond required? A bond is required in ownership in doubt situations when:

(a) The applicant is a Washington state licensed vehicle dealer; or

(b) The Washington record shows there is an existing lien.

(6) How is a vehicle value determined for filing a bond? Vehicle value may be determined from one of the following sources:

(a) The department's automated valuing system; or

(b) A published appraisal guide; or

(c) Appraisal from a licensed vehicle dealer or appraisal company. The appraisal must be on company letterhead and have the business card attached; or

(d) Insured amount; or

(e) Consideration or payment plus estimated repairs by a bona fide mechanic; or

(f) Other valuing sources approved by the department.

(7) May I transfer ownership on a vehicle with a bonded title or three-year registration without title? Yes.

(a) Owners releasing interest in a vehicle with a bonded title or three-year registration without title must provide a release of interest described in WAC 308-56A-265;

(b) The new owners must submit an application for title as described in this chapter and complete the time remaining on the current ownership in doubt period.

AMENDATORY SECTION(Amending WSR 07-13-082, filed 6/19/07, effective 7/20/07)

WAC 308-93-440Ownership in doubt—Bonded title or three-year registration without title.

(1) What is ownership in doubt? Ownership in doubt is when a vessel owner(s) is unable to obtain satisfactory evidence of ownership or release of interest described in WAC 308-93-460.

(2) What options are available in an ownership in doubt situation? When in an ownership in doubt situation, the owner may:

(a) Apply for three-year registration without title; or

(b) Apply for a bonded title as described in vehicle law RCW ((46.12.151))46.12.680; or

(c) Petition any district or superior court of any county of this state to receive a judgment. This is required if ownership of the vessel is contested after the applicant makes application for ownership in doubt and before the three-year ownership in doubt period has lapsed.

(3) What documents are required when applying for a bonded title or three-year registration without title? Required documents when applying for a bonded title or three-year registration include:

(a) ((The originals or copies of letters sent by registered or certified mail to the registered and legal owners of record, including the return receipt. The letters must include information regarding the applicant's claim to the ownership and request for the released certificate of ownership (title) or a notarized or certified release of interest.

(i) Registered and legal owner information will be released under WAC 308-93-087 for applicants needing that information.

(ii) If there is no Washington record, (a) of this subsection does not apply.

(iii) If the owners of record do not respond before submitting the application, the applicant must wait fifteen days from acknowledged receipt of the letter.

(iv) If the letter is returned unclaimed, the applicant must submit the letter, unopened, with the application.

(b))) A bonded title or three-year registration without title affidavit completed by the applicant and signed by all persons to be shown as registered owner(s).

(((c)))(b) Application for certificate of ownership (title).

(((d)))(c) A bond as described in vehicle law RCW ((46.12.151))46.12.680, if the applicant is applying for a bonded title.

(((e)))(d) Other documents that may be required by law or rule.

(4) How is a vessel value determined for filing a bond? Vessel value may be determined from one of the following sources:

(a) The department's automated valuing system; or

(b) A published appraisal guide; or

(c) Appraisal from a licensed vessel dealer or appraisal company. The appraisal must be on company letterhead and have the business card attached; or

(d) An appraisal from the department of revenue; or

(e) Insured amount; or

(f) Consideration or payment plus estimated repairs by a bona fide repair facility; or

(g) Other valuing sources approved by the department.

(5) May I sell or release my interest in the vessel during the three-year ownership without title period? Yes. A bonded certificate of ownership may be released and provided to the buyer in the same way as any other certificate of ownership. The Washington bonded title may not be accepted by another state. If the other state has a similar program, they may issue their own type of bonded certificate of ownership. For three-year registration without title, provide the buyer with a notarized or certified release of interest. The new owner may either provide a judgment from a district or superior court of Washington or wait until the expiration of the time remaining on the previous ownership in doubt period and then make application for the certificate of ownership. If a notarized or certified release of interest cannot be obtained from the current registered owner, the new owner must start over with a new three-year bonded or three-year registration without title process.