reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-63 - Wreckers › Section 308-63-120 - Statement of change in business structure, ownership interest or control

Current through Register Vol. 24-14, July 15, 2024
When must I report a change?
Any person, firm,
				association, corporation or trust licensed under
				chapter
				46.80 RCW must, within ten
				days following any change in its business or ownership structure, file a
				statement with the department, describing with particularity the change in its
				business structure or the change in ownership interest.
Statutory Authority:
				  RCW
				  46.80.140. 09-08-065, § 308-63-120,
				  filed 3/27/09, effective 4/27/09; 00-13-019, § 308-63-120, filed 6/12/00,
				  effective 7/13/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-63-120, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-63 - Wreckers › Section 308-63-130 - Termination of business

Current through Register Vol. 24-14, July 15, 2024
If I terminate my business, must I surrender my vehicle
				wrecker license?
A vehicle wrecker who terminates business must, within
				ten days of such termination return the vehicle wrecker license and special
				license plates to the department for cancellation.
Statutory Authority:
				  RCW
				  46.80.140. 09-08-065, § 308-63-130,
				  filed 3/27/09, effective 4/27/09; 05-14-093, § 308-63-130, filed 6/30/05,
				  effective 7/31/05; 00-13-019, § 308-63-130, filed 6/12/00, effective
				  7/13/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-63-130, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-63 - Wreckers › Section 308-63-140 - Sale, transfer or other disposition of noncorporate licensee

Current through Register Vol. 24-14, July 15, 2024
What must I do if there is a change of ownership in my
				noncorporate license?
Upon the sale, transfer or other disposition of an
				ownership interest in a noncorporate licensee:
(1) A new bond or rider to the bond revealing
			 the change in ownership must be filed with the department.
(2) A new application for an appropriate
			 license by the purchaser or transferee is required and the fee will be the same
			 as for an original application.
(3)
			 The former owner must surrender to the department the special license plates.
			 The new owners or transferees must purchase new plates in their own
			 name.
Statutory Authority:
				  RCW
				  46.80.140. 09-08-065, § 308-63-140,
				  filed 3/27/09, effective 4/27/09; 00-13-019, § 308-63-140, filed 6/12/00,
				  effective 7/13/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-63-140, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-63 - Wreckers › Section 308-63-160 - Incorporation of licensee while licensed

Current through Register Vol. 24-14, July 15, 2024
If my business is not a corporation, what do I do if I
				incorporate?
A licensee which incorporates while licensed:
(1) Must file an application for an
			 appropriate license.
(2) Must file
			 a new bond with the department.
(3)
			 The firm may request the preincorporation license number upon
			 application.
Statutory Authority:
				  RCW
				  46.80.140. 09-08-065, § 308-63-160,
				  filed 3/27/09, effective 4/27/09; 00-13-019, § 308-63-160, filed 6/12/00,
				  effective 7/13/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-63-160, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-010 - Definitions - General

Current through Register Vol. 24-14, July 15, 2024
Common carrier. Common carrier means any person who undertakes
				to transport property for the general public by motor vehicle for compensation
				as outlined in
				chapter
				81.80 RCW. For the
				purposes of this chapter, common carriers licensed under the provisions of
				chapter
				81.80 RCW are exempt from
				the hulk hauler licensing requirements when transporting demolished vehicles
				for hire between vehicle wreckers and/or scrap processors licensed by the state
				or country in which they operate, and the ownership interest in the vehicles is
				transferred directly between the vehicle wreckers and/or scrap
				processors.
Deals in vehicles. For the purposes of this chapter, deals in
				vehicles means to obtain an ownership interest in a vehicle for the purpose of
				transporting and/or selling the vehicle to a licensed vehicle wrecker or scrap
				processor by obtaining ownership as set forth in WAC
				308-65-080.
Demolish. To demolish means to completely destroy a vehicle,
				vehicle salvage, and all parts by rendering it completely unusable except for
				recyclable material, for example, by means of a hydraulic crusher, hydraulic
				baler and shears or a shredder operated by a licensed scrap processor.
Hulk hauler. Any person who deals in vehicles for the sole
				purpose of transporting and/or selling them to a licensed vehicle wrecker or
				scrap processor in substantially the same form in which they are
				obtained.
Statutory Authority:
				  RCW
				  46.79.080. 10-05-050, § 308-65-010,
				  filed 2/11/10, effective 3/14/10. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-010, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) Bill of sale
			 for acquiring vehicles. A bill of sale shall include the names and addresses of
			 the seller and purchaser; a description of the vehicle or part being sold,
			 including the make, model and identification or serial number; the date of
			 sale; and the purchase price of the vehicle. Bills of sale are acceptable in
			 lieu of title in the cases of:
(a) Vehicles
			 from nontitle jurisdictions;
(b)
			 When an insurance company or private owner has turned in the title to a vehicle
			 previously destroyed as provided under WAC
			 308-56A-460; or
(c) For vehicles of the type to which titles
			 are not issued.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-030 - Established place of business

Current through Register Vol. 24-14, July 15, 2024
What must I do for a place of business?
(1) Hulk hauler. A hulk hauler's established
			 place of business is an address at which the hulk hauler receives mail and can
			 normally be reached.
(2) Scrap
			 processor. A scrap processor's established place of business is a place where
			 (a) vehicles may be stored lawfully, (b) hydraulic balers, shears or shredders
			 or other equipment for recycling vehicle salvage may be used lawfully, and (c)
			 there is a building in which the scrap processor's license is conspicuously
			 displayed and where all records required of the scrap processor are available
			 for inspection.
Statutory Authority:
				  RCW
				  46.79.080. 00-13-020, § 308-65-030,
				  filed 6/12/00, effective 7/13/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-030, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-040 - Hulk hauler - Application for license

Current through Register Vol. 24-14, July 15, 2024
How must I apply for the hulk hauler license?
The
				application for a hulk hauler's license shall be made on the form provided by
				the department and shall include, in addition to any other information the
				department may require, and in addition to the provisions of
				RCW
				46.79.030:
(1) A statement regarding whether or not the
			 applicant has ever previously had a license as a hulk hauler denied, suspended,
			 or revoked and on what dates and what grounds.
(2) A certification from a member of the
			 Washington state patrol that his/her vehicle(s) are properly identified in
			 accordance with WAC
			 308-65-070(5).
The license may be renewed prior to the expiration date by
				filing a renewal application, securing a signature of the appropriate member of
				the Washington state patrol on his/her application, and paying a renewal fee of
				ten dollars.
Statutory Authority:
				  RCW
				  46.79.080. 00-13-020, § 308-65-040,
				  filed 6/12/00, effective 7/13/00; 94-12-052, § 308-65-040, filed 5/27/94,
				  effective 6/27/94. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-040, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-050 - Expiration of hulk hauler license

Current through Register Vol. 24-14, July 15, 2024
When will my license expire?
(1) A hulk hauler's license shall expire
			 twelve consecutive months from the date of issuance for purposes of staggered
			 licensing.
(2) Motor vehicle hulk
			 hauler license plates shall expire on the same date as the expiration of the
			 license.
Statutory Authority:
				  RCW
				  46.79.080. 00-13-020, § 308-65-050,
				  filed 6/12/00, effective 7/13/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-050, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-060 - Hulk haulerSpecial plates

Current through Register Vol. 24-14, July 15, 2024
How must I display the hulk hauler license plates?
All vehicles used by hulk haulers on the highways of this state shall bear
				regular license plates and in addition, special hulk hauler's plates. Each
				vehicle shall display both special plates assigned to it, provided that when
				any vehicle being towed does not have valid license plates, the hulk hauler
				plates may be split, with one being displayed on the front of the towing
				vehicle and the other on the rear of the vehicle being towed. The plates serve
				in lieu of a trip permit or current license plates for the vehicle(s) being
				transported.
Statutory Authority:
				  RCW
				  46.79.080. 00-13-020, § 308-65-060,
				  filed 6/12/00, effective 7/13/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-060, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-070 - Hulk hauler - General procedures and requirements

Current through Register Vol. 24-14, July 15, 2024
Hulk haulers shall comply with all statutes, rules and
				regulations relative to the handling of vehicles and vehicle hulks.
(1) Change of address. The department shall
			 be notified immediately of any change of mailing address.
(2) License certificate. The license
			 certificate shall be carried in the vehicles operated by hulk haulers. If a
			 hulk hauler operates more than one vehicle he/she shall request additional
			 license certificates for each vehicle. Such certificates shall also be carried
			 for inspection by law enforcement officers.
(3) Inspection of transport vehicle. Prior to
			 the issuance of a hulk hauler license the vehicle to be used in transporting
			 vehicle salvage must be inspected by the appropriate law enforcement official
			 to verify compliance with safety requirements applying to transportation of
			 vehicle salvage on the highways of the state.
(4) Identification of licensee's vehicles.
			 All vehicles equipped for lifting or transporting vehicles or hulks which are
			 operated on the highways of this state shall display the licensee's name,
			 mailing address, and current business telephone number of such licensee. Such
			 information shall be painted on or permanently affixed to both sides of the
			 vehicle. Each letter and numeral shall be made with at least a half-inch stroke
			 for the width and shall be at least three inches high. See example.
Click to view
							 image
Statutory Authority:
				  RCW
				  46.79.080. 94-12-052, § 308-65-070,
				  filed 5/27/94, effective 6/27/94. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-070, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-080 - Hulk hauler - Procedures for acquiring and selling vehicles

Current through Register Vol. 24-14, July 15, 2024
On what ownership documents may I buy and sell
				vehicles/hulks?
(1) Supporting
			 acquisition for transport, resale. The hulk hauler may acquire vehicles or
			 hulks for transport and resale to a licensed motor vehicle wrecker or scrap
			 processor upon obtaining ownership documents in the form of a certificate of
			 ownership properly endorsed, from a state issuing a title, or a certificate of
			 registration and notarized bill of sale from a jurisdiction issuing only a
			 registration certificate or other approved ownership documents as follows:
(a) Affidavit of lost or stolen title signed
			 by the owner on record with the department, and release of interest from the
			 owner.
(b) Affidavit of sale of a
			 junk vehicle from the landowner who has complied with
			 RCW
			 46.55.230.
(c) Affidavit of sale from a registered tow
			 truck operator.
(d) A court
			 order.
(e) Acquisition from
			 wreckers licensed by the department may be supported by obtaining the wrecker's
			 invoice or bill of sale listing each vehicle by the wrecker's "yard number."
			 Such invoice or bill of sale must be given to the scrap processor or vehicle
			 wrecker purchasing the vehicles listed.
(f) Bills of sale pursuant to WAC
			 308-63-020 for vehicles from
			 nontitle jurisdictions that have had their titles surrendered to a state after
			 having been declared a total loss and for vehicles of the type to which titles
			 are not issued.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-090 - Scrap processor - Application for license

Current through Register Vol. 24-14, July 15, 2024
How must I apply for a scrap processor license?
The application for a scrap processor's license shall contain, in addition to
				any other information the department may require, evidence the application is
				approved by the local government planning and zoning authorities pursuant to
				the provisions of the State Environmental [Policy] Act,
				chapter
				43.21C
				RCW.
Statutory Authority:
				  RCW
				  46.79.080. 00-13-020, § 308-65-090,
				  filed 6/12/00, effective 7/13/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-090, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-100 - Expiration of scrap processor license

Current through Register Vol. 24-14, July 15, 2024
When does my license expire?
(1) A scrap processor's license shall expire
			 twelve consecutive months from the date of issuance.
(2) Any special license plates issued to a
			 scrap processor shall expire on the same date as the expiration of the
			 license.
Statutory Authority:
				  RCW
				  46.79.080. 00-13-020, § 308-65-100,
				  filed 6/12/00, effective 7/13/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-100, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-110 - Scrap processorSpecial plates

Current through Register Vol. 24-14, July 15, 2024
What special license plates are available?
Vehicles owned or operated on the highways of this state by a scrap processor
				and used by the scrap processor in gathering vehicle hulks or salvage shall
				bear regular license plates and, in addition, hulk hauler plates. Such plates
				serve in lieu of a trip permit or current license for any vehicle being
				transported. Each vehicle shall display all plates issued to
				it.
Statutory Authority:
				  RCW
				  46.79.080. 00-13-020, § 308-65-110,
				  filed 6/12/00, effective 7/13/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-110, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-120 - Scrap processor - General procedures and requirements

Current through Register Vol. 24-14, July 15, 2024
All scrap processors shall comply with all statutes, rules and
				regulations relative to the demolition of vehicles and vehicle hulks.
(1) Change of address. The department shall
			 be notified immediately of any change of address of any business location or of
			 the addition of any such location.
(2) Display of license certificate. The
			 license certificate of the scrap processor shall be displayed conspicuously at
			 the business address shown on the application and shall be available for
			 inspection by law enforcement officers and authorized representatives of the
			 department.
(3) Inspection of
			 premises. The premises of the scrap processor shall be subject to periodic
			 inspection by appropriate law enforcement officers and authorized
			 representatives of the department.
(4) Destroying of license plates. All license
			 plates coming into the possession of the scrap processor shall be destroyed by
			 the scrap processor prior to forwarding the monthly report to the department
			 under RCW
			 46.79.020.
(5) Identification of licensee's vehicles.
			 All vehicles equipped for lifting or transporting vehicles or hulks shall
			 display the licensee's name, address and current telephone number. Such
			 information shall be painted on or permanently affixed to both sides of the
			 vehicle. Each letter and numeral shall be made with at least a half-inch stroke
			 for the width and shall be at least three inches high. See example.
Click to view
							 image
Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-120, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-130 - Scrap processor - Procedures for acquiring vehicles for demolition

Current through Register Vol. 24-14, July 15, 2024
On what ownership documents may I acquire
				vehicles?
Supporting acquisition. A scrap processor may acquire vehicles
				for demolition if the transferor can furnish ownership documents, in the form
				of a certificate of title properly endorsed, from a state issuing a title, or a
				certificate of registration and notarized bill of sale from a jurisdiction
				issuing a registration certificate only or other approved ownership documents
				as follows:
(1) Affidavit of lost or
			 stolen title and release of interest from the owner.
(2) Affidavit of sale of a junk vehicle from
			 the landowner who has complied with
			 RCW
			 46.55.230.
(3) Bills of sale pursuant to WAC
			 308-63-020 for vehicles from
			 nontitle jurisdictions, for vehicles that have had their titles surrendered to
			 a state after having been declared a total loss, and for vehicles of the type
			 to which titles are not issued.
(4)
			 Affidavit of sale from a registered tow truck operator.
(5) A court order.
(6) Invoice or bill of sale from
			 wrecker.
(7) Scrap processors may
			 acquire vehicle salvage from out-of-state provided that the out-of-state
			 salvage company submits an affidavit certifying its rightful and true
			 possession of the vehicles or parts contained in the bulk shipment and that
			 he/she has complied with all statutes, rules and regulations relating to such
			 vehicles in the state or province of origin.
(8) Vehicle parts may be acquired by use of
			 an invoice or bill of sale which describes the part and identifies the seller
			 by name and address.
Common carriers transporting vehicles for hire between vehicle
				wreckers and/or scrap processors licensed by the state or country in which they
				operate must provide ownership documents as outlined in WAC
				308-65-080, or an affidavit of
				certification for the load that includes the origin and destination of the load
				and lists each vehicle on the load by VIN number, year, make, and model. The
				certification must be signed by the shipper under the penalty of perjury
				indicating the load of demolished vehicles has been processed in accordance
				with all statutes, rules and regulations relating to such vehicles in the state
				or province of origin, and meet the criteria listed in this
				chapter.
Statutory Authority:
				  RCW
				  46.79.080. 10-05-050, § 308-65-130,
				  filed 2/11/10, effective 3/14/10; 00-13-020, § 308-65-130, filed 6/12/00,
				  effective 7/13/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-130, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-140 - Scrap processor - Procedures for monthly reports

Current through Register Vol. 24-14, July 15, 2024
How must I file monthly reports to the department?
(1) Must maintain books and files.
(a) The scrap processor shall maintain the
			 following books and files of all vehicles, acquired other than from a wrecker
			 or out-of-state salvage company, which shall contain the following:
(i) A description of each vehicle acquired by
			 make, model, year and vehicle identification number;
(ii) The date acquired, name of the person,
			 firm or corporation from which obtained, and the wrecker license numbers if
			 such person is licensed as a wrecker by the department;
(iii) A copy of the document evidencing
			 ownership, as required by WAC
			 308-65-080; and
(iv) The license plate number and name of
			 state in which vehicle was last registered.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-150 - Statement of change in business structure, ownership interest or control

Current through Register Vol. 24-14, July 15, 2024
When must I report a change in business structure or
				ownership?
Any person, firm, association, corporation or trust licensed
				under chapter 46.79 RCW must, within ten days following any change in its
				business or ownership structure, file a statement describing with particularity
				the change in its business structure or the change in ownership
				interest.
Statutory Authority:
				  RCW
				  46.79.080. 00-13-020, § 308-65-150,
				  filed 6/12/00, effective 7/13/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-150, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-160 - Termination of business

Current through Register Vol. 24-14, July 15, 2024
A hulk hauler or scrap processor who terminates his business
				shall return his/her license and special license plates to the department for
				cancellation within ten business days of such termination.
Statutory Authority:
				  RCW
				  46.79.080. 94-12-052, § 308-65-160,
				  filed 5/27/94, effective 6/27/94. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-160, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-170 - Sale, transfer or other disposition of noncorporate licensee

Current through Register Vol. 24-14, July 15, 2024
What if there is a partial change in ownership of the
				company?
Upon the sale, transfer or other disposition of fifty percent
				or more of the ownership interest in a noncorporate licensee:
(1) A new application for an appropriate
			 license by the purchaser or transferee is required and the fee will be the same
			 as for an original application.
(2)
			 The former owner must surrender to the department all special license plates.
			 The new owner or transferee must purchase new plates in its own name.
Statutory Authority:
				  RCW
				  46.79.080. 00-13-020, § 308-65-170,
				  filed 6/12/00, effective 7/13/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-170, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-65 - Hulk haulers/scrap processors › Section 308-65-190 - Incorporation of licensee while licensed

Current through Register Vol. 24-14, July 15, 2024
What if I incorporate while licensed?
A licensee
				which incorporates while licensed shall file an application for an appropriate
				license.
The firm may request the preincorporation license
				number.
Statutory Authority:
				  RCW
				  46.79.080. 00-13-020, § 308-65-190,
				  filed 6/12/00, effective 7/13/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-65-190, filed 4/6/93, effective
				  5/7/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-120 - Dealer's license application

Current through Register Vol. 24-14, July 15, 2024
What information is needed to apply for a vehicle dealer
				license?
(1) Each application
			 shall contain in addition to the information required by
			 RCW
			 46.70.041:
(a) The names and residential addresses of
			 all owners of ten percent or more of the assets of the business;
(b) The name and address of the principal
			 place of business;
(c) The names
			 and addresses of each and every subagency, if any;
(d) A current balance sheet of assets,
			 liabilities and owner's equity which shall have been prepared within sixty days
			 of its submission, including proof of the assets;
(e) A statement of whether or not the
			 applicant, including any sole proprietor, partner, member, officer, or director
			 of the firm, was the holder of a license issued pursuant to
			 chapter
			 46.70 RCW which was
			 revoked for cause and never reissued by the department, or suspended for cause
			 and the terms of the suspension have not been fulfilled or assessed a monetary
			 penalty that has not been paid;
(f)
			 A list of all dealerships previously operated by each person named on the
			 application and with which each person presently or was formerly connected or
			 employed.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-135 - Expiration of dealer and manufacturer licenses

Current through Register Vol. 24-14, July 15, 2024
Motor vehicle dealer license plates and vehicle manufacturer
				license plates shall expire on the same date as the expiration of the
				license.
Statutory Authority:
				  RCW
				  46.70.160 and
				  46.70.085. 91-20-057, §
				  308-66-135, filed 9/24/91, effective 10/25/91. Statutory Authority: 1985 c 109
				  §§ 2, 4, 6 and 8,
				  RCW
				  46.80.140, 46.70.080 [46.79.080], 46.70.160,
				  46.76.070 and 46.16.225. 86-08-028 (Order DLR-091), § 308-66-135, filed
				  3/26/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-140 - Place of business and places of business

Current through Register Vol. 24-14, July 15, 2024
Which business names and locations do I need to
				license?
(1) A dealer must
			 inform the department in writing of each and every:
(a) Name under which the dealer does
			 business, and
(b) Location at which
			 the dealer does business.
The dealer must inform the department in writing within ten
				days of any addition, deletion or change in the name or location. The dealer
				must apply for a temporary subagency license at least ten days prior to the
				sales event that requires that license. There must be at least one day with no
				sales activity between any two ten day temporary permit periods.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-145 - Established place of business - Waiver procedure

Current through Register Vol. 24-14, July 15, 2024
How may I obtain a place of business
				waiver?
(1) An applicant for a
			 vehicle dealer license, or a licensee, who requests a waiver of any established
			 place of business requirement(s) must submit the following to the department:
(a) All applicable documents and fees in
			 RCW
			 46.70.041,
			 46.70.061,
			 46.70.070, WAC
			 308-66-120, and
			 308-66-140.
(b) A written request for the waiver, in the
			 form of either a letter or a request completed on the department's prescribed
			 form, which requires the following minimum information:
(i) Specific nature or type of activity the
			 applicant intends to conduct,
(ii)
			 Specific element(s) of the established place of business requirements requested
			 to be waived,
(iii) Detailed
			 statement which identifies the unique circumstances necessitating the request
			 for waiver, and,
(iv) Any other
			 information the department may require.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-150 - Warranty practices

Current through Register Vol. 24-14, July 15, 2024
(1) It
			 shall not be considered unlawful under the provisions of
			 RCW
			 46.70.180(14)(f) for a
			 vehicle manufacturer to provide under the terms of any warranty that a
			 purchaser of a vehicle must make warranty claims against only the manufacturer
			 of an integral part of a vehicle if the manufacturer of that integral part has
			 assumed a direct warranty obligation thereon to the purchaser and does, in
			 fact, provide facilities or agencies within the states of Washington, Oregon or
			 Idaho to discharge such warranty obligation.
(2) No manufacturer need make reimbursement
			 under RCW
			 46.70.101(2)(j) except to
			 dealers selling its product at retail or to the dealers holding units purchased
			 from the manufacturer for resale at retail: Provided, however, That if the
			 warranty agreement between the dealer and the manufacturer requires prior
			 approval by the manufacturer, such approval must be given within a reasonable
			 time and in no event later than ten days, except in emergency situations where
			 the life, health, or safety of the occupant or owner requires immediate
			 action.
Statutory Authority:
				  RCW
				  46.70.160. 96-19-025, § 308-66-150,
				  filed 9/9/96, effective 10/10/96. Statutory Authority:
				  RCW
				  46.70.160 - 46.70.180. 90-20-086, §
				  308-66-150, filed 9/28/90, effective 10/29/90; Order MV-446, § 308-66-150,
				  filed 9/16/77; Order MV 170, § 308-66-150, filed 7/16/73; Order 70-08-04,
				  § 308-66-150, filed 8/6/70; Order 69-1, § 308-66-150, filed 8/28/69;
				  Order 2, § 308-66-150, filed
				  1/29/68.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-152 - Unlawful practices

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Examples of unlawful acts or practices, as defined by
			 RCW
			 46.70.180(1)(a), include,
			 but are not limited to representations such as "no down payment," "a dollar
			 down," "five dollars down," "take-over payments," "no cash out of your pocket,"
			 "no cash needed," and others of similar nature if either secondary financing or
			 initial payment of any amount, including factory rebates in excess of that
			 represented, is required from the purchaser. A dealer's plan to have all or a
			 portion of the lease or selling price financed by a third party does not
			 relieve the dealer of an obligation to refrain from this prohibited type of
			 advertising. When any of these representations are made a payment disclosure
			 shall be made as contained in subsection (6) of this section.
(2) Examples of unlawful acts or practices as
			 defined by
			 RCW
			 46.70.180(1)(b), include,
			 but are not limited to representations such as "one hundred percent financing"
			 if the terms of the purchase or lease involve more than one security agreement
			 and payments to more than one financing institution. When collateral in
			 addition to the vehicle is required, it must be listed on the security
			 agreement containing the vehicle's description, not on a separate
			 agreement.
(3)It shall be
			 considered false, deceptive or misleading, and thereby unlawful, to advertise
			 with words, phrases, or initials which are not clear and conspicuous and easily
			 comprehended by persons other than those closely allied with the vehicle
			 industry.
(a)Clear and conspicuous within an
			 advertisement shall mean:
(i) In the case of a
			 television advertisement, the information required to be disclosed shall be
			 completely disclosed audibly, visually, or a combination thereof.
(A)If made visually, shall be made in a type
			 size sufficiently large to be read with reasonable ease; shall appear on the
			 television screen for at least seven seconds; shall be in print type of a color
			 or shade that contrasts readily with the background; shall not be obscured by
			 other words or images appearing on the television screen; and
(B) If made audibly, shall be spoken with
			 sufficient deliberateness, clarity, and volume so as to be understood by the
			 average television listener; shall not be obscured by sounds which interfere
			 with or distract from the disclosures being made.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-155 - Consignment

Current through Register Vol. 24-14, July 15, 2024
(1)
Contract.
			 How must I handle a consignment transaction?
(a) It shall be considered an unlawful
			 practice within the meaning of
			 RCW
			 46.70.180(2) for a vehicle
			 dealer to accept any vehicle on consignment without first reducing the terms of
			 the consignment to writing.
(b)
All consignment contracts must
			 include
:
(i) The names of the parties
			 to the contract including the identity of the legal owner of the consigned
			 vehicle.
(ii) The consignor's
			 statement that guarantees to deliver the title to the dealer-consignee upon
			 sale of the vehicle which identifies the location of the title and states the
			 unpaid balance owing on the vehicle, if any.
(iii) The date of the consignment
			 agreement.
(iv) The specific
			 effective duration of the contract.
(v) The agreed upon amount which will be paid
			 to the consignor.
(vi) The
			 description of the consigned vehicle, by make, model, vehicle identification
			 number, and license number.
(vii)
			 The signatures of the parties to the contract.
(viii) If no amount has been specified in (v)
			 above, then the minimum retail price and the commission, fee, or compensation
			 to which the dealer-consignee will be entitled upon the sale of the consigned
			 vehicle.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-157 - Listing

Current through Register Vol. 24-14, July 15, 2024
How do I handle a manufactured home
				listing?
(1) Dealer
			 responsibilities.
(a) The listing dealer shall
			 be responsible for negotiating the agreement between seller and purchaser as
			 follows:
(b) All written offers
			 shall be presented to the seller for acceptance or refusal. A copy of the
			 agreement shall be delivered to the purchaser immediately following the
			 purchaser's signing.
(c) A copy of
			 the offer to purchase shall be delivered to the seller immediately following
			 seller's signing and acceptance of purchaser's offer.
(d) A copy of the agreement to purchase
			 bearing the signature of the seller(s) shall be delivered to the purchaser as
			 proof that the purchaser's offer was accepted.
(e) A legible copy of the agreement to
			 purchase shall be retained in the listing dealer's files.
(f) A copy of the agreement between purchaser
			 and dealer to disburse any funds from the trust account to pay liens against
			 the used mobile/manufactured home shall be retained in the dealer's
			 files.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-160 - Dealer's and manufacturer's license plates

Current through Register Vol. 24-14, July 15, 2024
(1) When dealer's plates are used on any
			 vehicle being demonstrated to a prospective customer, it is not necessary that
			 the dealer or a member of his firm accompany the prospective customer except as
			 provided in
			 RCW
			 46.70.090(7)(c). Prospective
			 customers, when not accompanied by a dealer or member of his firm, must be
			 issued a demonstration permit by the dealer authorizing them to operate the
			 vehicle for a period not to exceed seventy-two hours for the purpose of
			 demonstration and possible purchase.
(2) When a dealer receives a vehicle bearing
			 foreign license plates, such plates must be covered by the dealer's plates
			 while that vehicle is being demonstrated. Upon the sale of the vehicle, the
			 foreign plates shall be removed and destroyed by the dealer prior to the
			 delivery of the vehicle. When foreign-plated vehicles are sold to residents of
			 a state whose plate is so displayed on the vehicle and the purchaser returns
			 the vehicle immediately to his home state for use there and not in Washington,
			 the dealer may deliver the vehicle with foreign plates attached if either one
			 of two conditions is also met. The conditions are:
(a) The purchaser must sign a nonresident
			 affidavit to apply to their home state's vehicle licensing authority to
			 register the vehicle in their own name, or
(b) The purchaser must have obtained a trip
			 permit to move the vehicle from the dealer's place of business to the
			 purchaser's own state.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-165 - Vehicle sales transactions

Current through Register Vol. 24-14, July 15, 2024
How do I report vehicle sales for purposes of renewing my
				dealer license?
To report sales for purposes of license renewal as
				required by
				RCW
				46.70.083, the dealer will report the number
				of vehicles leased and sold at both retail and wholesale during the
				twelve-month period ending sixty days prior to the expiration of the license,
				for each license classification held by the dealer.
Statutory Authority:
				  RCW
				  46.70.160. 04-16-090, § 308-66-165,
				  filed 8/3/04, effective 9/3/04. Statutory Authority:
				  RCW
				  46.70.160 and 1991 c 140. 91-20-057, §
				  308-66-165, filed 9/24/91, effective
				  10/25/91.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-170 - Denial, suspension or revocation of license

Current through Register Vol. 24-14, July 15, 2024
(1) When the license of a vehicle dealer has
			 been suspended or revoked, the department shall post a closure notice at or
			 near the principal entry to the place of business. Such notice shall include a
			 statement that the dealership is closed as to the sale of vehicles because of
			 the suspension or revocation of a license. In case of a suspension, the
			 duration of the suspension shall be stated on the notice. A dealer shall not
			 remove any closure notice without permission from an authorized representative
			 of the director.
(2) Practices
			 inimical to the health and safety of the citizens of the state of Washington
			 pursuant to
			 RCW
			 46.70.101(1)(b)(viii) and
			 (2)(k) shall include, but not be limited to,
			 failure to comply with the following federal and state standards, as presently
			 constituted and as hereafter amended, amplified or revised, pertaining to the
			 construction and safety of vehicles:
(a)
			 "Federal motor vehicle safety standards," 49 Code of Federal Regulations, part
			 571;
(b) "Control of air pollution
			 from new motor vehicles and new motor vehicle engines," 40 Code of Federal
			 Regulations, part 85;
(c) "Vehicle
			 lighting and other equipment,"
			 chapter
			 46.37 RCW;
(d) Rules and regulations adopted by the
			 Washington state patrol pursuant to
			 RCW
			 46.37.005, Title 204 WAC;
(e) "Mobile/manufactured homes, commercial
			 coaches, park trailers, and recreational vehicles," chapter 296-150B
			 WAC;
(f) Housing and Community
			 Development Act of 1974, Public Law 93-383, Title VI Mobile home construction
			 and safety standards, §§ 603, 604, 610, 615, 616, 617.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-175 - Buyer's agent - Standard disclosures

Current through Register Vol. 24-14, July 15, 2024
Must a buyer's agent disclose their activities?
The written agreement between a buyer's agent and its customer shall contain
				precisely the following disclosure language in a single paragraph on the first
				page of the agreement, in a type size sufficiently large to be read with
				reasonable ease:
NOTICE to customers concerning the nature and scope of BUYER'S
				AGENT activity. A licensed bonded vehicle dealer may act as a buyer's agent to
				arrange for you to purchase a new vehicle.
1.Your agreement with the buyer's agent must:
Be in writing.
Set forth the terms of the agreement.
Disclose total fees or other compensation to be
							 received from you.
State whether or not any portion of the fee is
							 refundable.
2.While arranging for you to purchase your
			 new vehicle the buyer's agent must NOT:
Receive or pay any vehicle purchase moneys.
Sign any vehicle purchase order, contract, odometer
							 statement or title document.
Have the name of the buyer's agent appear on the
							 purchase order, sales contract or title.
Sign any other document relating to the purchase,
							 sale or transfer of the new vehicle.
Use a power of attorney (POA) to do any of the above
							 prohibited acts. However, the buyer's agent may use a POA to deliver the
							 license plates to the customer.
3.The
			 buyer's agent must NOT:
Pay to or receive from a dealer any purchase moneys,
							 fees, gratuities or rewards.
Claim or state that the buyer's agent offers, obtains
							 or guarantees the lowest price.
Arrange for a new vehicle through an out-of-state
							 dealer without disclosing to the customer in writing that the vehicle will not
							 have Washington state lemon law coverage.
Statutory Authority:
				  RCW
				  46.70.160. 04-16-090, § 308-66-175,
				  filed 8/3/04, effective 9/3/04. Statutory Authority:
				  RCW
				  46.70.180(13) as amended in
				  1995 by SHB 2179. 96-24-041, § 308-66-175, filed 11/27/96, effective
				  12/28/96.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-177 - Trust account

Current through Register Vol. 24-14, July 15, 2024
The deposit trust account required by
				RCW
				46.70.180(9) must be
				established and maintained within Washington state.
Statutory Authority:
				  RCW
				  46.70.160. 07-03-119, § 308-66-177,
				  filed 1/22/07, effective 2/22/07.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-180 - Record of transactions

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The record of the purchase and sale of a vehicle maintained by a dealer must
			 include, but not be limited to:
(a) A
			 description of the vehicle, which shall include those items of description
			 required on the Washington application for title, and in the case of a retail
			 sale requiring a title transfer, a copy of the computer-generated title
			 application processed by a license agent showing fees paid to the
			 state;
(b) The Washington license
			 plate number assigned to the vehicle upon transfer;
(c) The required odometer statement
			 disclosure form which shall conform to 49 Code of Federal Regulations, part
			 580, and in WAC
			 308-56A-640 or if a licensed
			 vehicle dealer auction company conducting wholesale consignment sales, the
			 odometer disclosure record for such sales as required in 49 Code of Federal
			 Regulations, part 580.9 and in WAC 308-56A-670;
(d) All purchase orders must be dated and
			 include the business name of the dealer and a description of any trade-in
			 vehicle by year, make and vehicle identification number.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-182 - Records - Buyer's agents

Current through Register Vol. 24-14, July 15, 2024
Dealers shall keep for a period of five years the following
				records concerning their buyer's agent activities:
(1) A copy of the required written agreement
			 with the customer.
(2) A record of
			 any fees received from the customer.
Statutory Authority:
				  RCW
				  46.70.180(13) as amended in
				  1995 by SHB 2179. 96-24-041, § 308-66-182, filed 11/27/96, effective
				  12/28/96.