reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.87 - Proportional Registration. › 46.87.390 - Remedies cumulative.

RCW 46.87.390
Remedies cumulative.
The remedies of the state in this chapter are cumulative, and no action taken by the department may be construed to be an election on the part of the state or any of its officers to pursue any remedy under this chapter to the exclusion of any other remedy provided for in this chapter.
[ 1987 c 244 § 52.]
NOTES:
Effective dates—1987 c 244: See note following RCW 46.87.010.
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.87 - Proportional Registration. › 46.87.400 - Civil immunity.

RCW 46.87.400
Civil immunity.
(1) The director, the state of Washington, and its political subdivisions are immune from civil liability arising from the issuance of a vehicle license to a nonroadworthy vehicle.
(2) No suit or action may be commenced or prosecuted against the director or the state of Washington by reason of any act done or omitted to be done in the administration of the duties and responsibilities imposed upon the director under this chapter.
[ 1987 c 244 § 53.]
NOTES:
Effective dates—1987 c 244: See note following RCW 46.87.010.
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.87 - Proportional Registration. › 46.87.410 - Bankruptcy proceedings—Notice.

RCW 46.87.410
Bankruptcy proceedings—Notice.
A licensee who files a petition in bankruptcy, or against whom a petition for bankruptcy is filed, must notify the department within ten days of the filing, including the name and location of the court in which [the] petition is filed.
[ 2015 c 228 § 36; 1997 c 183 § 1.]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.87 - Proportional Registration. › 46.87.910 - Short title.

RCW 46.87.910
Short title.
This chapter may be known and cited as "Proportional Registration."
[ 1987 c 244 § 54.]
NOTES:
Effective dates—1987 c 244: See note following RCW 46.87.010.
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.90 - Washington Model Traffic Ordinance. › 46.90.005 - Purpose.

RCW 46.90.005
Purpose.
The purpose of this chapter is to encourage highway safety and uniform traffic laws by authorizing the department of licensing to adopt a comprehensive compilation of sound, uniform traffic laws to serve as a guide which local authorities may adopt by reference or any part thereof, including all future amendments or additions thereto. Any local authority which adopts that body of rules by reference may at any time exclude any section or sections of those rules that it does not desire to include in its local traffic ordinance. The rules are not intended to deny any local authority its legislative power, but rather to enhance safe and efficient movement of traffic throughout the state by having current, uniform traffic laws available.
[ 1993 c 400 § 1; 1975 1st ex.s. c 54 § 1.]
NOTES:
Effective dates—1993 c 400: "(1) Sections 3 through 5 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 15, 1993].
(2) Sections 1 and 2 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.
(3) Section 6 of this act takes effect July 1, 1994." [ 1993 c 400 § 7.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.90 - Washington Model Traffic Ordinance. › 46.90.010 - Adoption of model traffic ordinance—Amendments.

RCW 46.90.010
Adoption of model traffic ordinance—Amendments.
In consultation with the chief of the Washington state patrol and the traffic safety commission, the director shall adopt in accordance with chapter 34.05 RCW a model traffic ordinance for use by any city, town, or county. The addition of any new section to, or amendment or repeal of any section in, the model traffic ordinance is deemed to amend any city, town, or county, ordinance which has adopted by reference the model traffic ordinance or any part thereof, and it shall not be necessary for the legislative authority of any city, town, or county to take any action with respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180, 35A.12.140, 35A.13.180, and 36.32.120(7).
[ 1993 c 400 § 2; 1975 1st ex.s. c 54 § 2.]
NOTES:
Effective dates—1993 c 400: See note following RCW 46.90.005.
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.010 - Findings—Intent.

RCW 46.93.010
Findings—Intent.
The legislature finds and declares that the distribution and sale of motorsports vehicles in this state vitally affect the general economy of the state and the public interest and public welfare, that provision for warranty service to motorsports vehicles is of substantial concern to the people of this state, that the maintenance of fair competition among dealers and others is in the public interest, and that the maintenance of strong and sound dealerships is essential to provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment to the citizens of this state. The legislature further finds that there is a substantial disparity in bargaining power between motorsports vehicle manufacturers and their dealers, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate the relationship between motorsports vehicle dealers and motorsports vehicle manufacturers, importers, distributors, and their representatives doing business in this state, not only for the protection of dealers but also for the benefit for the public in assuring the continued availability and servicing of motorsports vehicles sold to the public.
The legislature recognizes it is in the best interest for manufacturers and dealers of motorsports vehicles to conduct business with each other in a fair, efficient, and competitive manner. The legislature declares the public interest is best served by dealers being assured of the ability to manage their business enterprises under a contractual obligation with manufacturers where dealers do not experience unreasonable interference and are assured of the ability to transfer ownership of their business without undue constraints. It is the intent of the legislature to impose a regulatory scheme and to regulate competition in the motorsports vehicle industry to the extent necessary to balance fairness and efficiency. These actions will permit motorsports vehicle dealers to better serve consumers and allow dealers to devote their best competitive efforts and resources to the sale and services of the manufacturer's products to consumers.
[ 2003 c 354 § 1.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.030 - Termination, cancellation, nonrenewal of franchise restricted.

RCW 46.93.030
Termination, cancellation, nonrenewal of franchise restricted.
Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, no manufacturer may terminate, cancel, or fail to renew a franchise with a new motorsports vehicle dealer, unless the manufacturer has complied with the notice requirements of RCW 46.93.070 and an administrative law judge has determined, if requested in writing by the dealer within forty-five days of receiving a notice from a manufacturer, after hearing, that there is good cause for the termination, cancellation, or nonrenewal of the franchise and that the manufacturer has acted in good faith regarding the termination, cancellation, or nonrenewal.
[ 2003 c 354 § 3.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.040 - Determination of good cause, good faith—Petition, notice, decision, appeal.

RCW 46.93.040
Determination of good cause, good faith—Petition, notice, decision, appeal.
A new motorsports vehicle dealer who has received written notification from the manufacturer of the manufacturer's intent to terminate, cancel, or not renew the franchise, may file a petition with the department for a determination as to the existence of good cause and good faith for the termination, cancellation, or nonrenewal of a franchise. The petition must contain a short statement setting forth the reasons for the dealer's objection to the termination, cancellation, or nonrenewal of the franchise. Upon the filing of the petition and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely petition has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The franchise in question continues in full force and effect pending the administrative law judge's decision. If the decision of the administrative law judge terminating, canceling, or failing to renew a dealer's franchise is appealed by a dealer or manufacturer, the franchise continues in full force and effect until all appeals to a superior court or any appellate court have been completed. Nothing in this section precludes a manufacturer or dealer from petitioning the superior court for a stay or other relief pending judicial review.
[ 2003 c 354 § 4.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.050 - Determination of good cause, good faith—Hearing, decision, procedures—Judicial review.

RCW 46.93.050
Determination of good cause, good faith—Hearing, decision, procedures—Judicial review.
(1) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible, but in any event not later than one hundred eighty days after a petition is filed. If the termination, cancellation, or nonrenewal is under RCW 46.93.070(2), the administrative law judge shall give the proceeding priority consideration and shall render a final decision not later than sixty days after a petition is filed.
(2) The administrative law judge shall conduct the hearing as an adjudicative proceeding in accordance with the procedures provided for in the Administrative Procedure Act, chapter 34.05 RCW. The administrative law judge shall render the final decision and shall enter a final order. Except as otherwise provided in RCW 34.05.446 and 34.05.449, all hearing costs must be borne on an equal basis by the parties to the hearing.
(3) A party to a hearing under this chapter may be represented by counsel. A party to a hearing aggrieved by the final order of the administrative law judge concerning the termination, cancellation, or nonrenewal of a franchise may seek judicial review of the order in the superior court or appellate court in the manner provided for in RCW 34.05.510 through 34.05.598. A petitioner for judicial review need not exhaust all administrative appeals or administrative review processes as a prerequisite for seeking judicial review under this section.
[ 2003 c 354 § 5.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.060 - Good cause, what constitutes—Burden of proof.

RCW 46.93.060
Good cause, what constitutes—Burden of proof.
(1) Notwithstanding the terms of a franchise or the terms of a waiver, and except as otherwise provided in RCW 46.93.070(2) (a) through (d), good cause exists for termination, cancellation, or nonrenewal of a franchise when there is a failure by the dealer to comply with a provision of the franchise that is both reasonable and of material significance to the franchise relationship, if the dealer was notified of the failure within one hundred eighty days after the manufacturer first acquired knowledge of the failure, and the dealer did not correct the failure after being requested to do so.
If, however, the failure of the dealer relates to the performance of the dealer in sales, service, or level of customer satisfaction, good cause is the failure of the dealer to comply with reasonable performance standards determined by the manufacturer in accordance with uniformly applied criteria, and:
(a) The dealer was advised, in writing, by the manufacturer of the failure;
(b) The notice under this subsection stated that notice was provided of a failure of performance under this section;
(c) The manufacturer provided the dealer with specific, reasonable goals or reasonable performance standards with which the dealer must comply, together with a suggested timetable or program for attaining those goals or standards, and the dealer was given a reasonable opportunity, for a period of not more than ninety days, to comply with the goals or standards; and
(d) The dealer did not substantially comply with the manufacturer's performance standards during that period and the failure to demonstrate substantial compliance was not due to market or economic factors within the dealer's relevant market area that were beyond the control of the dealer.
(2) The manufacturer has the burden of proof of establishing good cause and good faith for the termination, cancellation, or nonrenewal of the franchise under this section.
[ 2003 c 354 § 6.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.070 - Notice of termination, cancellation, or nonrenewal.

RCW 46.93.070
Notice of termination, cancellation, or nonrenewal.
Before the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall give written notification to both the department and the dealer. The notice must be by certified mail or personally delivered to the new motorsports vehicle dealer and must state the intention to terminate, cancel, or not renew the franchise, the reasons for the termination, cancellation, or nonrenewal, and the effective date of the termination, cancellation, or nonrenewal. The notice must be given:
(1) Not less than ninety days, which runs concurrently with the ninety-day period provided in RCW 46.93.060(1)(c), before the effective date of the termination, cancellation, or nonrenewal;
(2) Not less than fifteen days before the effective date of the termination, cancellation, or nonrenewal with respect to any of the following that constitute good cause for termination, cancellation, or nonrenewal:
(a) Insolvency of the dealer or the filing of any petition by or against the dealer under bankruptcy or receivership law;
(b) Failure of the dealer to conduct sales and service operations during customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the direct control of the dealer;
(c) Conviction of the dealer, or principal operator of the dealership, of a felony punishable by imprisonment; or
(d) Suspension or revocation of a license that the dealer is required to have to operate the dealership where the suspension or revocation is for a period in excess of thirty days;
(3) Not less than one hundred eighty days before the effective date of termination, cancellation, or nonrenewal, where the manufacturer intends to discontinue sale and distribution of the new motorsports vehicle line.
[ 2003 c 354 § 7.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.080 - Payments by manufacturer to dealer for inventory, equipment, etc.

RCW 46.93.080
Payments by manufacturer to dealer for inventory, equipment, etc.
(1) Upon the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall pay the dealer, at a minimum:
(a) Dealer cost, less all allowances paid or credited to the dealer by the manufacturer, of unused, undamaged, and unsold new motorsports vehicles in the dealer's inventory that were acquired from the manufacturer or another dealer of the same line make in the ordinary course of business;
(b) Dealer cost for all unused, undamaged, and unsold supplies, parts, and accessories in original packaging, except that in the case of sheet metal, a comparable substitute for original packaging may be used, if the supply, part, or accessory was acquired from the manufacturer or from another dealer ceasing operations as a part of the dealer's initial inventory, as long as the supplies, parts, and accessories appear in the manufacturer's current parts catalog, list, or current offering;
(c) Dealer cost for all unused, undamaged, and unsold inventory, whether vehicles, parts, or accessories, the purchase of which was required by the manufacturer;
(d) The fair market value of each undamaged sign owned by the dealer that bears a common name, trade name, or trademark of the manufacturer, if acquisition of the sign was recommended or required by the manufacturer and the sign is in good and usable condition less reasonable wear and tear, and has not been depreciated by the dealer more than fifty percent of the value of the sign; and
(e) The fair market value of all special tools owned or leased by the dealer that were acquired from the manufacturer or persons approved by the manufacturer, and that were required by the manufacturer, and are in good and usable condition, less reasonable wear and tear. However, if the tools are leased by the dealer, the manufacturer shall pay the dealer such amounts that are required by the lessor to terminate the lease under the terms of the lease agreement.
(2) To the extent the franchise agreement provides for payment or reimbursement to the dealer in excess of that specified in this section, the provisions of the franchise agreement will control.
(3) The manufacturer shall pay the dealer the sums specified in subsection (1) of this section within ninety days after the termination, cancellation, or nonrenewal of the franchise, if the dealer has clear title to the property or can provide clear title to the property upon payment by the manufacturer and is in a position to convey that title to the manufacturer.
[ 2009 c 232 § 1; 2003 c 354 § 8.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.090 - Mitigation of damages.

RCW 46.93.090
Mitigation of damages.
RCW 46.93.030 through 46.93.080 do not relieve a dealer from the obligation to mitigate the dealer's damages upon termination, cancellation, or nonrenewal of the franchise.
[ 2003 c 354 § 9.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.100 - Warranty work.

RCW 46.93.100
Warranty work.
(1) Each manufacturer shall specify in its franchise agreement, or in a separate written agreement, with each of its dealers licensed in this state, the dealer's obligation to perform warranty work or service on the manufacturer's products. Each manufacturer shall provide each of its dealers with a schedule of compensation to be paid to the dealer for any warranty work or service, including parts, labor, and diagnostic work, required of the dealer by the manufacturer in connection with the manufacturer's products, and for work on and preparation of motorsports vehicles received from the manufacturer. The compensation may not be less than the rates reasonably charged by the dealer for like services and parts to retail customers. The compensation may not be reduced by the manufacturer for any reason or made conditional on an activity outside the performance of warranty work.
(2) All claims for warranty work for parts and labor made by dealers under this section must be paid by the manufacturer within thirty days after approval, and must be approved or denied within thirty days of receipt by the manufacturer. Denial of a claim must be in writing with the specific grounds for denial. The manufacturer may audit claims for warranty work and charge the dealer for any unsubstantiated, incorrect, or false claims for a period of one year after payment. However, the manufacturer may audit and charge the dealer for any fraudulent claims during any period for which an action for fraud may be commenced under applicable state law.
(3) All claims submitted by dealers on the forms and in the manner specified by the manufacturer must be either approved or disapproved within thirty days after their receipt. The manufacturer shall notify the dealer in writing of a disapproved claim, and shall set forth the reasons why the claim was not approved. A claim not specifically disapproved in writing within thirty days after receipt is approved, and the manufacturer is required to pay that claim within thirty days of receipt of the claim.
[ 2003 c 354 § 10.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.120 - Relevant market area—New or relocated dealerships, notice of.

RCW 46.93.120
Relevant market area—New or relocated dealerships, notice of.
Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, if a manufacturer intends or proposes to enter into a franchise to establish an additional dealer or to relocate an existing dealer within or into a relevant market area in which the same line make of motorsports vehicle is then represented, the manufacturer shall provide at least ten days advance written notice to the department and to each dealer of the same line make in the relevant market area, of the manufacturer's intention to establish an additional dealer or to relocate an existing dealer within or into the relevant market area. The notice must be sent by certified mail to each such party and include the following information:
(1) The specific location at which the additional or relocated dealer will be established;
(2) The date on or after which the additional or relocated dealer intends to commence business at the proposed location;
(3) The identity of all dealers who are franchised to sell the same line make vehicles as the proposed dealer and who have licensed locations within the relevant market area;
(4) The names and addresses, if available, of the owners of and principal investors in the proposed additional or relocated dealership; and
(5) The specific grounds or reasons for the proposed establishment of an additional dealer or relocation of an existing dealer.
[ 2003 c 354 § 12.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.140 - Factors considered by administrative law judge.

RCW 46.93.140
Factors considered by administrative law judge.
In determining whether good cause exists for permitting the proposed establishment or relocation of a dealer of the same line make, the factors that the administrative law judge shall consider must include, but are not limited to the following:
(1) The extent, nature, and permanency of the investment of both the existing dealers of the same line make in the relevant market area and the proposed additional or relocating dealer, including obligations reasonably incurred by the existing dealers to perform their obligations under their respective franchises;
(2) The growth or decline in population and new motorsports vehicle registrations during the past five years in the relevant market area;
(3) The effect on the consuming public;
(4) The effect on the existing dealers in the relevant market area, including any adverse financial impact;
(5) The reasonably expected or anticipated vehicle market for the relevant market area, including demographic factors such as age of population, income, education, size class preference, product popularity, retail lease transactions, or other factors affecting sales to consumers in the relevant market area;
(6) Whether it is injurious or beneficial to the public welfare for an additional dealership to be established;
(7) Whether the dealers of the same line make in the relevant market area are providing adequate competition and convenient customer care for the motorsports vehicles of the same line make in the relevant market area, including the adequacy of motorsports vehicle sales and service facilities, equipment, supply of vehicle parts, and qualified service personnel;
(8) Whether the establishment of an additional dealer would increase competition and be in the public interest;
(9) Whether the manufacturer is motivated principally by good faith to establish an additional or new dealer and not by noneconomic considerations;
(10) Whether the manufacturer has denied its existing dealers of the same line make the opportunity for reasonable growth, market expansion, or relocation;
(11) Whether the protesting dealer or dealers are in substantial compliance with their dealer agreements or franchises; and
(12) Whether the manufacturer has complied with the requirements of RCW 46.93.120 and 46.93.130.
[ 2003 c 354 § 14.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.150 - Hearing—Procedures, costs, appeal.

RCW 46.93.150
Hearing—Procedures, costs, appeal.
(1) The manufacturer has the burden of proof to establish that good cause exists for permitting the proposed establishment or relocation.
(2) The administrative law judge shall conduct any hearing as provided in RCW 46.93.050(2) and all hearing costs will be borne as provided in that subsection. The administrative law judge shall render the final decision as expeditiously as possible, but in any event not later than one hundred twenty days after a protest is filed. If more than one protest is filed, the one hundred twenty days commences to run from the date the last protest is filed. A party to such a hearing aggrieved by the final order of the administrative law judge may appeal as provided and allowed in RCW 46.93.050(3).
[ 2003 c 354 § 15.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.160 - Relocation requirements—Exceptions.

RCW 46.93.160
Relocation requirements—Exceptions.
RCW 46.93.120 through 46.93.150 do not apply:
(1) To the sale or transfer of the ownership or assets of an existing dealer where the transferee proposes to engage in business representing the same line make at the same location or within two miles of that location;
(2) To the relocation of an existing dealer within the dealer's relevant market area, if the relocation is not at a site within eight miles of any dealer of the same line make;
(3) If the proposed dealer is to be established at or within two miles of a location at which a former dealer of the same line make had ceased operating within the previous twenty-four months;
(4) Where the proposed relocation is two miles or less from the existing location of the relocating dealer; or
(5) Where the proposed relocation is to be further away from all other existing dealers of the same line make in the relevant market area.
[ 2003 c 354 § 16.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.190 - Petition and hearing filing fees, costs, security.

RCW 46.93.190
Petition and hearing filing fees, costs, security.
The department shall determine and establish the amount of the filing fees required in RCW 46.93.040, 46.93.110, 46.93.130, and 46.93.180. The fees must be set in accordance with RCW 43.24.086.
The department may also require the petitioning or protesting party to give security, in such sum as the department deems proper but not to exceed one thousand dollars, for the payment of such costs as may be incurred in conducting the hearing as required under this chapter. The security may be given in the form of a bond or stipulation or other undertaking with one or more sureties.
At the conclusion of the hearing, the department shall assess, in equal shares, each of the parties to the hearing for the cost of conducting the hearing. Upon receipt of payment of the costs, the department shall refund and return to the petitioning party any excess funds initially posted by the party as security for the hearing costs. If the petitioning party provided security in the form of a bond or other undertaking with one or more sureties, the bond or other undertaking will then be exonerated and the surety or sureties under it discharged.
[ 2003 c 354 § 19.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.200 - Department defining additional motorsports vehicles.

RCW 46.93.200
Department defining additional motorsports vehicles.
The department shall determine through rule making under the Administrative Procedure Act any motorsports vehicles not already defined in RCW 46.93.020(7) as of July 27, 2003, that are manufactured after July 27, 2003.
[ 2003 c 354 § 20.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.93 - Motorsports Vehicles—Dealer and Manufacturer Franchises. › 46.93.210 - Reporting of warranties for off-road vehicles and snowmobiles sold by out-of-state dealers—Department notice to buyers—Apportionment of fines.

RCW 46.93.210
Reporting of warranties for off-road vehicles and snowmobiles sold by out-of-state dealers—Department notice to buyers—Apportionment of fines.
(1) By the first business day in February of each year, beginning in 2018, motorsports vehicle manufacturers must report to the department of licensing a listing of all motorsports vehicle warranties for off-road vehicles under chapter 46.09 RCW and snowmobiles under chapter 46.10 RCW sold to Washington residents by out-of-state motorsports vehicle dealers in the previous calendar year. The report must be transmitted such that the department receives the listing no later than the first business day in February. Failure to report a complete listing as required under this subsection results in an administrative fine of one hundred dollars for each day after the first business day in February that the department has not received the report.
(2) The department of licensing shall examine the listing reported in subsection (1) of this section to verify whether the vehicles are properly registered in the state and shall transmit the results of its analysis to the department of revenue. Beginning in 2018, and to the extent that it has received the listing required under subsection (1) of this section, the department and the department of revenue shall jointly notify by first-class mail from the United States postal service by the end of February of each year, the purchasers of the warranties of the off-road vehicles and snowmobiles that are not properly registered in the state of the owner's obligations under state law regarding vehicle titling, registration, and use tax payment, as well as of the penalties for failure to comply with the law.
(3) Fines received under this section must be paid into the state treasury and credited to the nonhighway and off-road vehicle activities program account under RCW 46.09.510 and to the snowmobile account under RCW 46.68.350. The state treasurer must apportion the fines between the accounts according to the pro rata share of the number of off-road vehicle and snowmobile registrations in the previous calendar year. The department must provide the state treasurer with the information needed to determine the apportionment.
[ 2021 c 216 § 5; 2017 c 218 § 4.]
NOTES:
Effective date—2021 c 216: See note following RCW 46.09.420.
Application—2017 c 218 § 4: "Section 4 of this act applies to the sales of off-road vehicles and snowmobiles beginning in January 2017." [ 2017 c 218 § 5.]
Finding—Intent—Effective date—2017 c 218: See notes following RCW 46.09.495.
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements. › 46.96.010 - Legislative findings.

RCW 46.96.010
Legislative findings.
The legislature finds and declares that the distribution and sale of motor vehicles in this state vitally affect the general economy of the state and the public interest and public welfare, that provision for warranty service to motor vehicles is of substantial concern to the people of this state, that the maintenance of fair competition among dealers and others is in the public interest, and that the maintenance of strong and sound dealerships is essential to provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment to the citizens of this state. The legislature further finds that there is a substantial disparity in bargaining power between automobile manufacturers and their dealers, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate the relationship between motor vehicle dealers and motor vehicle manufacturers, importers, distributors, and their representatives doing business in this state, not only for the protection of dealers but also for the benefit for the public in assuring the continued availability and servicing of automobiles sold to the public.
The legislature recognizes it is in the best interest for manufacturers and dealers of motor vehicles to conduct business with each other in a fair, efficient, and competitive manner. The legislature declares the public interest is best served by dealers being assured of the ability to manage their business enterprises under a contractual obligation with manufacturers where dealers do not experience unreasonable interference and are assured of the ability to transfer ownership of their business without undue constraints. It is the intent of the legislature to impose a regulatory scheme and to regulate competition in the motor vehicle industry to the extent necessary to balance fairness and efficiency. These actions will permit motor vehicle dealers to better serve consumers and allow dealers to devote their best competitive efforts and resources to the sale and services of the manufacturer's products to consumers.
[ 1989 c 415 § 1.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements. › 46.96.030 - Termination, cancellation, or nonrenewal of franchise restricted.

RCW 46.96.030
Termination, cancellation, or nonrenewal of franchise restricted.
Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, no manufacturer may terminate, cancel, or fail to renew a franchise with a new motor vehicle dealer, unless the manufacturer has complied with the notice requirements of RCW 46.96.070 and an administrative law judge has determined, if requested in writing by the new motor vehicle dealer within the applicable time period specified in RCW 46.96.070 (1), (2), or (3), after hearing, that there is good cause for the termination, cancellation, or nonrenewal of the franchise and that the manufacturer has acted in good faith, as defined in this chapter, regarding the termination, cancellation, or nonrenewal. Between the time of issuance of the notice required under RCW 46.96.070 and the effective termination, cancellation, or nonrenewal of the franchise under this chapter, the rights, duties, and obligations of the new motor vehicle dealer and the manufacturer under the franchise and this chapter are unaffected, including those under RCW 46.96.200.
[ 2010 c 178 § 1; 1989 c 415 § 3.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements. › 46.96.035 - Payment of fair market value of dealer goodwill upon request and termination, cancellation, or nonrenewal of franchise.

RCW 46.96.035
Payment of fair market value of dealer goodwill upon request and termination, cancellation, or nonrenewal of franchise.
(1) In the event of a termination, cancellation, or nonrenewal under this chapter, except for a termination, cancellation, or nonrenewal under RCW 46.96.070(2), or a voluntary termination, cancellation, or nonrenewal initiated by the dealer, the manufacturer shall, at the request and option of the new motor vehicle dealer, also pay to the new motor vehicle dealer the fair market value of the motor vehicle dealer's goodwill for the make or line as of the date immediately preceding any communication to the public or dealer regarding termination. To the extent the franchise agreement provides for the payment or reimbursement to the new motor vehicle dealer in excess of the value specified in this section, the provisions of the franchise agreement control.
(2) The manufacturer shall pay the new motor vehicle dealer the value specified in subsection (1) of this section within ninety days after the date of termination.
[ 2010 c 178 § 8.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements. › 46.96.040 - Determination of good cause, good faith—Petition, notice, decision, appeal.

RCW 46.96.040
Determination of good cause, good faith—Petition, notice, decision, appeal.
A new motor vehicle dealer who has received written notification from the manufacturer of the manufacturer's intent to terminate, cancel, or not renew the franchise may file a petition with the department for a determination as to the existence of good cause and good faith for the termination, cancellation, or nonrenewal of a franchise. The petition shall contain a short statement setting forth the reasons for the dealer's objection to the termination, cancellation, or nonrenewal of the franchise. Upon the filing of the petition and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely petition has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The franchise in question shall continue in full force and effect pending the administrative law judge's decision. If the decision of the administrative law judge terminating, canceling, or failing to renew a dealer's franchise is appealed by a dealer, the franchise in question shall continue in full force and effect until the appeal to superior court is finally determined or until the expiration of one hundred eighty days from the date of issuance of the administrative law judge's written decision, whichever is less. Nothing in this section precludes a manufacturer or dealer from petitioning the superior court for a stay or other relief pending judicial review.
[ 1989 c 415 § 4.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements. › 46.96.050 - Determination of good cause, good faith—Hearing, decision, procedures—Judicial review.

RCW 46.96.050
Determination of good cause, good faith—Hearing, decision, procedures—Judicial review.
(1) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible, but in any event not later than one hundred eighty days after a petition is filed. If the termination, cancellation, or nonrenewal is under RCW 46.96.070(2), the administrative law judge shall give the proceeding priority consideration and shall render a final decision not later than sixty days after a petition is filed.
(2) The administrative law judge shall conduct the hearing as an adjudicative proceeding in accordance with the procedures provided for in the Administrative Procedure Act, chapter 34.05 RCW. The administrative law judge shall render the final decision and shall enter a final order. Except as otherwise provided in RCW 34.05.446 and 34.05.449, all hearing costs shall be borne on an equal basis by the parties to the hearing.
(3) A party to a hearing under this chapter may be represented by counsel. A party to a hearing aggrieved by the final order of the administrative law judge concerning the termination, cancellation, or nonrenewal of a franchise may seek judicial review of the order in the superior court in the manner provided for in RCW 34.05.510 through 34.05.598. A petitioner for judicial review need not exhaust all administrative appeals or administrative review processes as a prerequisite for seeking judicial review under this section.
[ 1989 c 415 § 5.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements. › 46.96.070 - Notice of termination, cancellation, or nonrenewal.

RCW 46.96.070
Notice of termination, cancellation, or nonrenewal.
Before the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall give written notification to both the department and the new motor vehicle dealer. For the purposes of this chapter, the discontinuance of the sale and distribution of a new motor vehicle line, or the constructive discontinuance by material reduction in selection offered, such that continuing to retail the line is no longer economically viable for a dealer is, at the option of the dealer, considered a termination, cancellation, or nonrenewal of a franchise. The notice shall be by certified mail or personally delivered to the new motor vehicle dealer and shall state the intention to terminate, cancel, or not renew the franchise, the reasons for the termination, cancellation, or nonrenewal, and the effective date of the termination, cancellation, or nonrenewal. The notice shall be given:
(1) Not less than ninety days before the effective date of the termination, cancellation, or nonrenewal;
(2) Not less than fifteen days before the effective date of the termination, cancellation, or nonrenewal with respect to any of the following that constitute good cause for termination, cancellation, or nonrenewal:
(a) Insolvency of the new motor vehicle dealer or the filing of any petition by or against the new motor vehicle dealer under bankruptcy or receivership law;
(b) Failure of the new motor vehicle dealer to conduct sales and service operations during customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the direct control of the new motor vehicle dealer;
(c) Conviction of the new motor vehicle dealer, or principal operator of the dealership, of a felony punishable by imprisonment; or
(d) Suspension or revocation of a license that the new motor vehicle dealer is required to have to operate the new motor vehicle dealership where the suspension or revocation is for a period in excess of thirty days;
(3) Not less than one hundred eighty days before the effective date of termination, cancellation, or nonrenewal, where the manufacturer intends to discontinue sale and distribution of the new motor vehicle line.
[ 2010 c 178 § 2; 1989 c 415 § 7.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements. › 46.96.090 - Payments by manufacturer for dealership facilities.

RCW 46.96.090
Payments by manufacturer for dealership facilities.
(1) In the event of a termination, cancellation, or nonrenewal under this chapter, except for termination, cancellation, or nonrenewal under RCW 46.96.070(2) or a voluntary termination, cancellation, or nonrenewal initiated by the dealer, the manufacturer shall, at the request and option of the new motor vehicle dealer, also pay to the new motor vehicle dealer the dealer costs for any relocation, substantial alteration, or remodeling of a dealer's facilities required by a manufacturer for the granting of a franchise or the continuance or renewal of a franchise agreement completed within three years of the termination, cancellation, or nonrenewal and:
(a) A sum equivalent to rent for the unexpired term of the lease or one year, whichever is less, or such longer term as provided in the franchise, if the new motor vehicle dealer is leasing the new motor vehicle dealership facilities from a lessor other than the manufacturer; or
(b) A sum equivalent to the reasonable rental value of the new motor vehicle dealership facilities for one year or until the facilities are leased or sold, whichever is less, if the new motor vehicle dealer owns the new motor vehicle dealership facilities.
(2) The rental payment required under subsection (1) of this section is only required to the extent that the facilities were used for activities under the franchise and only to the extent the facilities were not leased for unrelated purposes. If the rental payment under subsection (1) of this section is made, the manufacturer is entitled to possession and use of the new motor vehicle dealership facilities for the period rent is paid.
[ 2014 c 214 § 5; 2010 c 178 § 3; 1989 c 415 § 9.]
NOTES:
Application—2014 c 214: See note following RCW 46.70.045.
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements. › 46.96.100 - Mitigation of damages.

RCW 46.96.100
Mitigation of damages.
RCW 46.96.030 through 46.96.090 do not relieve a new motor vehicle dealer from the obligation to mitigate the dealer's damages upon termination, cancellation, or nonrenewal of the franchise.
[ 1989 c 415 § 10.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements. › 46.96.170 - Hearing—Procedures, costs, appeal.

RCW 46.96.170
Hearing—Procedures, costs, appeal.
(1) The manufacturer has the burden of proof to establish that good cause exists for permitting the proposed establishment or relocation.
(2) The administrative law judge shall conduct any hearing as provided in RCW 46.96.050(2), and all hearing costs shall be borne as provided in that subsection. The administrative law judge shall render the final decision as expeditiously as possible, but in any event not later than one hundred twenty days after a protest is filed. If more than one protest is filed, the one hundred twenty days commences to run from the date the last protest is filed. A party to such a hearing aggrieved by the final order of the administrative law judge may appeal as provided and allowed in RCW 46.96.050(3).
[ 1994 c 274 § 4.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements. › 46.96.180 - Exceptions.

RCW 46.96.180
Exceptions.
RCW 46.96.140 through 46.96.170 do not apply:
(1) To the sale or transfer of the ownership or assets of an existing new motor vehicle dealer where the transferee proposes to engage in business representing the same line make at the same location or within two miles of that location;
(2) To the relocation of an existing new motor vehicle dealer within the dealer's relevant market area, if the relocation is not at a site within eight miles of any new motor vehicle dealer of the same line make;
(3) If the proposed new motor vehicle dealer is to be established at or within two miles of a location at which a former new motor vehicle dealer of the same line make had ceased operating within the previous twenty-four months;
(4) Where the proposed relocation is two miles or less from the existing location of the relocating new motor vehicle dealer; or
(5) Where the proposed relocation is to be further away from all other existing new motor vehicle dealers of the same line make in the relevant market area.
[ 1994 c 274 § 5.]
2023 Revised Code of Washington › Title 46 - Motor Vehicles › Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements. › 46.96.190 - Prohibited practices by manufacturer.

RCW 46.96.190
Prohibited practices by manufacturer.
A manufacturer shall not coerce, threaten, intimidate, or require a new motor vehicle dealer, as a condition to granting or renewing a franchise, to waive, limit, or disclaim a right that the dealer may have to protest the establishment or relocation of another motor vehicle dealer in the relevant market area as provided in RCW 46.96.150.
[ 1994 c 274 § 6.]