reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-91 - Reciprocity and proration › Section 308-91-080

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.87.010. 00-01-150, § 308-91-080,
				  filed 12/21/99, effective 1/21/00. Statutory Authority:
				  RCW
				  46.87.010(1) and
				  46.87.080(7).
				  95-05-045, § 308-91-080, filed 2/10/95, effective 3/13/95. Statutory
				  Authority:
				  RCW
				  46.01.110 and
				  46.87.010(2).
				  90-16-072, § 308-91-080, filed 7/30/90, effective 9/1/90. Statutory
				  Authority:
				  RCW
				  46.87.010(2),
				  46.01.110 and chapters 46.87 and
				  46.85 RCW. 88-06-061 (Order PFT 8803), § 308-91-080, filed 3/2/88.
				  Statutory Authority:
				  RCW
				  46.01.110. 84-02-019 (Order 739 DOL), §
				  308-91-080, filed 12/28/83.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-91 - Reciprocity and proration › Section 308-91-090 - Leased and rented vehicles

Current through Register Vol. 24-14, July 15, 2024
How are leased or rented vehicles
				registered?
The registration of leased or rental passenger vehicles will be
				conducted under the provisions of chapter 46.16A RCW.
Statutory Authority: Chapters 46.87 and 82.38 RCW. 00-16-045,
				  § 308-91-090, filed 7/26/00, effective 8/26/00. Statutory Authority:
				  RCW
				  46.87.010(2). 94-13-012,
				  § 308-91-090, filed 6/2/94, effective 7/3/94. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.87.010(2).
				  91-06-093, § 308-91-090, filed 3/6/91, effective 4/6/91; 90-16-072, §
				  308-91-090, filed 7/30/90, effective 9/1/90. Statutory Authority:
				  RCW
				  46.87.010(2),
				  46.01.110 and chapters 46.87 and
				  46.85 RCW. 88-06-061 (Order PFT 8803), § 308-91-090, filed 3/2/88.
				  Statutory Authority:
				  RCW
				  46.01.110. 84-02-019 (Order 739 DOL), §
				  308-91-090, filed 12/28/83.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-91 - Reciprocity and proration › Section 308-91-095 - Trip leasing

Current through Register Vol. 24-14, July 15, 2024
What are the requirements for trip leasing?
The requirements for trip leasing are as follows:
(1)The lessor's vehicles must be prorated in
			 this state or operated under authority of vehicle trip permits.
(2)The duration of the lease agreement is for
			 a single trip and cannot exceed thirty days.
(3)A completed copy of the trip lease
			 agreement must be carried in the lessor's vehicle throughout the duration of
			 the lease.
(4)All mileage
			 accumulated throughout the duration of the trip lease agreement will be
			 recorded by the lessor and become a part of the lessor's mileage reporting
			 period. The mileage records, trip reports, and trip lease agreement must be
			 maintained by the lessor for a period of four years following the mileage
			 reporting period.
(5)The lessor of
			 a trip lease agreement is responsible for licensing and
			 recordkeeping.
Statutory Authority:
				  RCW
				  46.87.010. 00-01-150, § 308-91-095,
				  filed 12/21/99, effective 1/21/00. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.87.010(2).
				  91-06-093, § 308-91-095, filed 3/6/91, effective
				  4/6/91.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-91 - Reciprocity and proration › Section 308-91-120 - Federal heavy vehicle use tax

Current through Register Vol. 24-14, July 15, 2024
(1)
Who must show proof of payment of federal heavy vehicle use
			 tax?
The department requires owners of motor vehicles with a declared
			 combined gross weight of 55,000 pounds or more to provide acceptable proof the
			 federal heavy vehicle use tax imposed by the Internal Revenue Service has been
			 suspended or paid at the time of registration .
(2)
What does the department require
			 for proof of payment of federal heavy vehicle use tax?
Acceptable proof
			 is either:
(a) The original or photocopy of an
			 Internal Revenue Service (IRS) receipted Schedule 1 (IRS form 2290) schedule of
			 highway motor vehicles;
(b)Photocopy of IRS form 2290 with Schedule 1
			 as filed with the IRS and a photocopy of the front and back sides of the
			 canceled check used for the payment of taxes to the IRS; or
(c)Other proof of payment acceptable to the
			 department.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-91 - Reciprocity and proration › Section 308-91-130 - Hunter's permit

Current through Register Vol. 24-14, July 15, 2024
(1)
What
			 is a hunter's permit also known as an unladen weight permit?
A permit
			 issued by the department that allows owner-operators to move their empty
			 (unladen) vehicle(s) from one lessee-carrier fleet to a new lessee-carrier
			 fleet . This permit is issued without cost and is valid for ten days from the
			 date of issuance.
(2)
Will
			 the department honor a hunter's permit issued by another jurisdic-tion?
Yes, this permit issued by another IRP jurisdiction will be honored in this
			 state .
Statutory Authority:
				  RCW
				  46.87.010. 00-01-150, § 308-91-130,
				  filed 12/21/99, effective 1/21/00. Statutory Authority:
				  RCW
				  46.87.010(2),
				  46.01.110 and chapters 46.87 and
				  46.85 RCW. 88-06-061 (Order PFT 8803), § 308-91-130, filed
				  3/2/88.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-91 - Reciprocity and proration › Section 308-91-140 - Vehicle transaction fee

Current through Register Vol. 24-14, July 15, 2024
How much is the vehicle transaction fee?
The
				vehicle transaction fee is four dollars and fifty cents.
Statutory Authority:
				  RCW
				  46.87.010. 00-01-150, § 308-91-140,
				  filed 12/21/99, effective 1/21/00. Statutory Authority:
				  RCW
				  46.87.080,
				  46.87.130,
				  46.87.140, 88.44.060
				  [82.44.060],46.87.010 (2) and 82.44.100. 89-07-035 (Order PFT 89-03), §
				  308-91-140, filed 3/10/89. Statutory Authority:
				  RCW
				  46.87.010(2),
				  46.01.110 and chapters 46.87 and
				  46.85 RCW. 88-06-061 (Order PFT 8803), § 308-91-140, filed
				  3/2/88.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-91 - Reciprocity and proration › Section 308-91-150 - Dishonored checks

Current through Register Vol. 24-14, July 15, 2024
(1)
What
			 happens with a dishonored check?
The department will enforce such
			 proportional registration licensing and taxing laws to recover unpaid fees when
			 they become due and payable.
(2)
Are there any additional fees charged for a dishonored check
			 (DHC)?
Yes, a handling fee is assessed by the department for each check
			 dishonored by the financial institution.
Statutory Authority:
				  RCW
				  46.01.110,
				  82.36.435,
				  82.38.260,
				  82.42.040,
				  46.87.010(2).
				  00-08-032, § 308-91-150, filed 3/28/00, effective 4/28/00. Statutory
				  Authority:
				  RCW
				  46.87.010(1) and
				  46.87.080(7).
				  95-05-045, § 308-91-150, filed 2/10/95, effective 3/13/95. Statutory
				  Authority:
				  RCW
				  46.87.010(2). 94-13-012,
				  § 308-91-150, filed 6/2/94, effective 7/3/94. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.87.010(2).
				  91-06-093, § 308-91-150, filed 3/6/91, effective 4/6/91. Statutory
				  Authority:
				  RCW
				  46.87.010(2),
				  46.01.110 and chapters 46.87 and
				  46.85 RCW. 88-06-061 (Order PFT 8803), § 308-91-150, filed
				  3/2/88.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-91 - Reciprocity and proration › Section 308-91-171 - Mitigation of fees, penalties and/or interest

Current through Register Vol. 24-14, July 15, 2024
(1)
Under what circumstances may a fee,
			 penalty or interest be mitigated?
The department may mitigate fees,
			 penalties or interest occurring from proportional registration transactions,
			 assessments, or incomplete records.
(2)
How will the department determine
			 whether fees, penalties or interest should be mitigated?
The department
			 will review records, account history, or other information .
Statutory Authority:
				  RCW
				  46.87.010. 00-01-150, § 308-91-171,
				  filed 12/21/99, effective 1/21/00.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-91 - Reciprocity and proration › Section 308-91-172 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1)
What are
			 the appeal procedures?
Any person issued a notice of assessment for
			 taxes, fees, penalties or interest who chooses to appeal the notice, may
			 petition the department for an informal hearing instead of proceeding directly
			 to a formal hearing. A petition for a hearing must be in writing and must be
			 received by the department within thirty days after the receipt of the notice
			 of assessment. The appeal must include the specific reasons why reassessment is
			 wanted and the amount of tax, fees, penalties or interest believed to be
			 due.
(2)
What happens after
			 the department receives the request for an informal hearing?
The
			 department will establish the time and place for the hearing and notify the
			 petitioner by mail or e-mail at least ten days prior to the scheduled date. If
			 the petitioner is unable to attend the hearing on the date or time scheduled,
			 they may request the department to reschedule the hearing. The petitioner may
			 appear in person or a representative authorized to present the case.
(3)
What happens if I fail to appear for
			 my hearing without prior notification?
Failure may result in the loss of
			 your administrative appeal rights.
(4)
What happens following my informal
			 hearing?
The department will make a determination in accordance with the
			 Revised Code of Washington, rules, and policies established by the
			 department.
(5)
What if I do
			 not agree with the department's informal hearing determination?
Within
			 thirty days after the date of mailing of the determination, appeal in writing
			 and request a formal hearing by an administrative law judge. The appeal must
			 indicate the portions of the determination that the petitioner believes are in
			 error and provide the reasons the decision should be amended. The department
			 will establish a time and place for a formal hearing within at least ten days
			 notice.
(6)
When does my
			 reassessment become final?
The department's decision for reassessment
			 becomes final, due, and payable thirty days after service unless further
			 appealed.
Statutory Authority:
				  RCW
				  46.87.010. 00-01-150, § 308-91-172,
				  filed 12/21/99, effective 1/21/00.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-030 - Vessels subject to excise tax, registration and titling exemptions

Current through Register Vol. 24-14, July 15, 2024
(1)
What
			 vessels are subject to excise tax?
All vessels sixteen feet and over
			 with mechanical power or sails are subject to excise tax unless specifically
			 exempt under
			 chapter
			 82.49 RCW and vessels
			 owned by Indian tribes and tribal members as provided in WAC
			 308-93-700 through
			 308-93-770.
(2)
What vessels are subject to
			 registration?
Most vessels are subject to registration under
			 chapter
			 88.02 RCW, including the
			 following:
(a) Amphibious vessels
			 (vehicles);
(b) Docking
			 hulls;
(c) Houseboats;
(d) Inflatable vessels with motors;
(e) Sailboats (sixteen feet or
			 longer);
(f) Personal watercraft
			 (Jet Ski, Sea-Doo, AquaTrax, Wave Runner, etc.);
(g) Documented pleasure vessels.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-055 - Vessels from out-of-state operating in this state-Nonresident vessel permit required

Current through Register Vol. 24-14, July 15, 2024
(1)
What
			 must I provide to obtain a nonresident vessel permit?
You must provide
			 the following:
(a) Proof of nonresidency by
			 showing the vessel owner's out-of-state driver's license or out-of-state photo
			 identification; and
(b) A copy of
			 the current foreign vessel registration or current United States Coast Guard
			 certificate of documentation.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-056 - Out of country vessel operating in this state - Vessel visitor permit required

Current through Register Vol. 24-14, July 15, 2024
(1)
What must I provide to obtain a vessel visitor permit?
You must
			 provide the following:
(a) Proof of
			 nonresidency, by showing the vessel owner's out-of-state driver's license or
			 out-of-state photo identification;
(b) A copy of the current foreign vessel
			 registration , or United States Customs Service Cruising License;
(c) Date the vessel first came into the
			 state;
(d) A nonrefundable fee of
			 twenty-five dollars plus a filing fee and subagent fee, if
			 applicable.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-060 - Registration period

Current through Register Vol. 24-14, July 15, 2024
(1)
What
			 is the length of a vessel registration period?
The vessel registration
			 period is July 1 of the current year through June 30 of the following year for
			 purposes of RCW 88.02.050.
Any vessels registered for the first time in Washington will be
				assessed the registration fee for the registration period in which the vessel
				is registered. In addition, excise tax in the amount prescribed in
				chapter
				82.49 RCW will be assessed
				through the current registration period.
(2)
How will my excise tax be
			 calculated if I purchase or transfer a vessel in a month other than
			 July?
When registering a vessel in Washington for the first time and
			 assigning a registration period of fewer than twelve months or transferring
			 ownership of a vessel for which the registration has expired, the annual excise
			 tax shall be reduced by one-twelfth for each full month of the registration
			 period you did not own or possess the vessel. The registration fee will not be
			 reduced. Excise tax on renewals will be assessed twelve months of excise
			 tax.
Statutory Authority: RCW 88.02.070 and 88.02.100. 01-08-021,
				  § 308-93-060, filed 3/27/01, effective 4/27/01; 98-16-030, §
				  308-93-060, filed 7/29/98, effective 8/29/98; 92-24-035, § 308-93-060,
				  filed 11/25/92, effective 12/26/92. Statutory Authority: 1985 c 258. 85-23-066
				  (Order TL-RG-19), § 308-93-060, filed 11/19/85. Statutory Authority: RCW
				  88.02.070 and 88.02.100. 84-19-026 (Order TL-RG 8), § 308-93-060, filed
				  9/13/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 §
				  46. 83-23-076 (Order 736-DOL), § 308-93-060, filed
				  11/18/83.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-069 - Application for certificate of ownership - Accompanied by

Current through Register Vol. 24-14, July 15, 2024
(1)
What documentation must accompany
			 my application for certificate of ownership for my vessel?
Vessel owners
			 must submit with their application for certificate of ownership all proper fees
			 and excise tax and the following documentation:
(a) New vessels:
(i) Application for certificate of ownership
			 to a vessel never before licensed or titled shall be accompanied by a
			 manufacturer's statement of origin, carpenter's certificate, or a copy of the
			 factory invoice.
(ii) The
			 manufacturer's statement of origin, carpenter's certificate, or factory invoice
			 must reflect the model year, make, length and hull identification number of the
			 vessel.
(iii) The department shall
			 not accept any manufacturer's statement of origin, carpenter's certificate, or
			 factory invoice for the issuance of a certificate of ownership unless all
			 persons named on the manufacturer's statement of origin, including dealers,
			 have released or assigned their interest thereon, or on a release of interest
			 form approved by the department.
(iv) Dealer-to-dealer transfers may be
			 accomplished either by appropriate endorsement of the manufacturer's statement
			 of origin, carpenter's certificate, or factory invoice, or release of interest
			 form approved by the department. A complete chain of ownership shall be
			 reflected from the original dealer named on the manufacturer's statement of
			 origin to the retail selling dealer making the application.
(v) A copy of the factory invoice may be used
			 in lieu of the manufacturer's statement of origin or carpenter's certificate
			 only when such documents are not available and obtaining a replacement from the
			 manufacturer would cause an undue amount of delay in titling the vessel. A
			 certificate of fact describing why the statement of origin or carpenter's
			 certificate is not available shall be accompanied by the photocopy of the
			 factory invoice and any necessary releases of interest on a form approved by
			 the department.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-070 - Application for certificate of ownership/registration

Current through Register Vol. 24-14, July 15, 2024
(1)
When am I required to register my
			 vessel in Washington?
Current out-of-state or out-of-country
			 registration will be recognized for a period of sixty days. On or before the
			 sixty-first day, if Washington is to be the principal state of use, you must
			 apply for a Washington state certificate of ownership and/or
			 registration.
(2)
What
			 information must be supplied on an application to obtain a Washington vessel
			 certificate of ownership and/or registration?
Vessel owners applying for
			 certificate of ownership and/or registration of a vessel must submit an
			 application, which includes:
(a) The name of
			 each registered owner of the vessel and if the vessel is subject to security
			 interest, the name of each legal owner;
(b) The mailing address for one of the
			 registered owners;
(c) The mailing
			 address of the first legal owner (lienholder);
(d) The Washington registration
			 number;
(e) Make and model
			 year;
(f) Length of
			 vessel;
(g) Type of power
			 (gasoline, diesel, etc.);
(h)
			 Primary use (commercial, pleasure, etc.);
(i) Primary method of propulsion (inboard,
			 sail, etc.);
(j) Type of vessel
			 (runabout, cabin, etc.);
(k)
			 Primary vessel construction (fiberglass, wood, etc.);
(l) County of moorage;
(m) Hull identification number;
(n) Latest purchase price and purchase year
			 or, if the vessel was not acquired by purchase, a declaration of value and year
			 of declaration;
(o) The signature
			 of all registered owners.
For the purposes of this section, purchase price or declared
				value includes the vessel, vessel motor, or engine, and all other equipment and
				accessories, excluding a boat trailer, purchased or acquired in a single
				transaction;
(p) United
			 States Coast Guard documentation number, if applicable.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-071 - Class "A" and Class "B" certificate of ownership

Current through Register Vol. 24-14, July 15, 2024
Is there more than one class of certificate of ownership
				for my vessel?
From June 30, 1985, through June 30, 1990, there were two
				classes of vessel certificate of ownership: Class "A" and Class "B."
Effective July 1, 1990, the "A" and "B" classifications of
				vessel certificate of ownership were discontinued. All vessel certificate of
				ownership, regardless of any classification previously assigned are considered
				to be exclusive evidence of ownership unless a person can provide sufficient
				evidence the certificate of ownership was issued in error or is invalid for
				some other reason.
Statutory Authority: RCW 88.02.070 and 88.02.100. 01-08-021,
				  § 308-93-071, filed 3/27/01, effective 4/27/01; 98-16-030, §
				  308-93-071, filed 7/29/98, effective 8/29/98; 92-24-035, § 308-93-071,
				  filed 11/25/92, effective 12/26/92. Statutory Authority: 1985 c 258. 85-23-066
				  (Order TL-RG-19), § 308-93-071, filed
				  11/19/85.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-076 - Vessel brands and comments

Current through Register Vol. 24-14, July 15, 2024
(1)
What is a brand?
For the
			 purposes of this section, a brand is a notation on the certificate of ownership
			 or vessel registration certificate that records a special circumstance or
			 condition involving a vessel.
(2)
What brands are assigned to vessels by the department?
Brands used
			 by the department include, but are not limited to:
(a) Contaminated described in chapter 64.44
			 RCW.
(b) Decontaminated described
			 in chapter 64.44 RCW.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-078 - Temporary use of an unregistered vessel

Current through Register Vol. 24-14, July 15, 2024
May a vessel be operated on the waters of this state if
				it is not registered?
An unregistered vessel may be operated on the
				waters of this state for fifteen consecutive days from the date of purchase
				using the notarized bill of sale in lieu of a registration certificate. The
				notarized bill of sale shall be carried on the vessel and contain:
(1) The name and address of the
			 purchaser;
(2) The model year,
			 make, and hull identification number of the vessel;
(3) The date of sale; and
(4) The name, address and signature of the
			 seller.
Statutory Authority: RCW 88.02.070 and 88.02.100. 01-08-021,
				  § 308-93-078, filed 3/27/01, effective 4/27/01; 98-16-030, §
				  308-93-078, filed 7/29/98, effective 8/29/98. Statutory Authority: RCW
				  88.02.030, 88.02.070, 88.02.120, 88.02.130, 88.02.140, 88.02.150 and 88.02.100.
				  86-10-068 (Order TL/RG 25), § 308-93-078, filed
				  5/7/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-079 - Government exempt vessels

Current through Register Vol. 24-14, July 15, 2024
(1)
If a government agency chooses to display registration numbers and
			 current vessel decals in addition to being clearly identifiable as a government
			 vessel, what fees are required?
Government agencies are required to pay
			 filing and registration fees but are not subject to excise tax.
(2)
If the department issues a
			 Washington registration number and current decals, is the government agency
			 required to display them?
Yes, if a registration number and decals are
			 issued, they must be displayed as prescribed in WAC
			 308-93-140.
Statutory Authority: RCW 88.02.070, 88.02.100. 01-03-128,
				  § 308-93-079, filed 1/23/01, effective 2/23/01; 00-01-027, §
				  308-93-079, filed 12/6/99, effective 1/6/00. Statutory Authority: RCW
				  88.02.030, 88.02.070, 88.02.120, 88.02.130, 88.02.140, 88.02.150 and 88.02.100.
				  86-10-068 (Order TL/RG 25), § 308-93-079, filed
				  5/7/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-087 - Disclosure of vessel owner information

Current through Register Vol. 24-14, July 15, 2024
(1) Laws protecting vessel owner information
			 from disclosure. Vessel record information may be protected from disclosure
			 under chapters 42.56 and 46.12 RCW, and 18 U.S.C. Sec. 2721. Indian tribal
			 vessel data is protected from disclosure under WAC
			 308-93-770.
(2) Disclosing names and addresses of vessel
			 owners.
(a) Government agencies; or
(b) Business entities who provide proof of
			 business verification; or
(c)
			 Vessel manufacturers and vessel component manufacturers that require vessel
			 ownership information for recall of their own product(s); or
(d) Individuals who provide proof of identity
			 and:
(i) The owner of record is requesting the
			 information for a vessel(s) currently registered in their name; or
(ii) They can provide either a letter of
			 testamentary, letter of administration, court order, or a signed and notarized
			 department of licensing form and a death certificate of the deceased;
			 or
(iii) They have documentation
			 showing how they obtained the vessel; or
(iv) They are following the chattel lien
			 process as required by
			 RCW
			 60.08.085.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-088 - Disclosure violations, penalties

Current through Register Vol. 24-14, July 15, 2024
(1)
What are violations of
			 chapters
			 42.56 and
			 46.12 RCW, this chapter, or a
			 disclosure agreement with the department?
(a) The unauthorized disclosure of
			 information from a department vessel record;
(b) The use of a false representation to
			 obtain information from the department's vessel records;
(c) The use of information obtained from the
			 department vessel records for a purpose other than what is stated in the
			 request for information or in the disclosure agreement executed with the
			 department; or
(d) The sale or
			 other distribution of any vessel owner name or address to another person not
			 disclosed in the request or disclosure agreement.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-089 - Lists of registered and legal owners of vessels - Furnished for certain purposes - Penalty for unauthorized use

Current through Register Vol. 24-14, July 15, 2024
(1)
What vessel record information is
			 protected?
Vessel information protected from disclosure is the same as
				under chapters 42.56
				and 46.12 RCW and
				Executive Order 00-03 for vehicles.
(2)
Who may receive a list of
			 individual vessel owner names and addresses?
In addition to any other authority that it may have, the
				department of licensing may furnish lists of registered and legal owners of
				vessels only for the purposes specified in this section to:
(a) The manufacturers of vessels, or their
			 authorized agents, to be used to enable those manufacturers to carry out the
			 provisions of the Federal Boat Safety Act of 1971 (85 Stat. 213; 46 U.S.C. 1451
			 et seq.) and the Code of Federal Regulations adopted by the United States Coast
			 Guard;
(b) Any governmental agency
			 of the United States or Canada, or political subdivisions, to be used by them
			 or their authorized commercial agents or contractors only in connection with
			 the enforcement of the laws governing the operation of a vessel or vessel
			 safety programs administered by that government agency. Only such parts of the
			 list as are required for completion of the work required of the agent or
			 contractor shall be provided to such agent or contractor;
(c) A person, organization or entity for the
			 purposes of compiling statistical data relating to vessel demographics in this
			 state. The department may provide only a specific part of the list that is
			 required for completion of the work required of the person, organization or
			 entity;
(d) An authorized agent or
			 contractor of the department to be used only in connection with providing
			 vessel excise tax, licensing and registration information to vessel dealers;
			 or
(e) Any business regularly
			 making loans to other persons to finance the purchase of vessels, to be used to
			 assist the person requesting the list to determine ownership of a specific
			 vessel for the purpose of determining whether or not to provide such
			 financing.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-090 - Leased or rented vessels

Current through Register Vol. 24-14, July 15, 2024
(1)
What is the difference between leased and rented vessels?
For the
			 purposes of this section a vessel is considered leased if the lease agreement
			 is for a period of one year or more or there is an option to purchase. A vessel
			 is considered rented if the rental agreement is for a period of less than one
			 year and there is no option to purchase in the rental agreement.
(2)
When must leased or rented vessels,
			 used on Washington waters, be titled and registered or required to obtain an
			 identification document?
If the vessel is:
(a) Registered out-of-state or out-of-country
			 and leased or rented, and used upon Washington waters, the owner of the vessel
			 must purchase a permanent identification document from the department, issued
			 to the vessel, on or before the sixty-first day of use as provided in RCW
			 88.02.030(3). If the vessel owner is not available, the person(s) applying for
			 the identification document shall have notarized/certified power of attorney
			 from a registered owner of the vessel authorizing him/her to purchase the
			 permanent identification document and a copy of the valid registration issued
			 by a country other than the United States or a United States Customs Service
			 Cruising License.
(b) Registered in
			 another state or country and leased or rented by a nonresident individual, and
			 used upon Washington waters, the owner must purchase a Vessel Sixty Day
			 Temporary Identification Document on or before the sixty-first day of use as
			 provided in RCW 88.02.030(11). No more than two identification documents may be
			 purchased in any twelve continuous months. If the vessel owner is not
			 available, the person(s) applying for the identification document must have
			 notarized/certified power of attorney from a registered owner of the vessel
			 authorizing him/her to purchase the identification document. If the vessel is
			 used upon Washington waters for more than one hundred and eighty days, it must
			 be titled and registered in this state or removed from the waters of this
			 state.
(c) Registered in another
			 country or another state and leased or rented by a Washington resident, and
			 used upon Washington waters, the following apply:
(i) If the lease is for one year or more or
			 there is an option to buy on either the rental or lease agreement, the
			 Washington resident must register the vessel in his or her name on or before
			 the sixty-first day of use upon Washington waters.
(ii) If the vessel is rented for less than
			 one year, it must be registered in the name of the owner, (not the operator) on
			 or before the sixty-first day of use upon Washington waters. Any secured party
			 is shown as the legal owner on the certificate of ownership.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-140 - Decals - Placement, size, and color

Current through Register Vol. 24-14, July 15, 2024
(1)
Where do I place the decals I
			 receive when I register my vessel in Washington?
Decals must be placed
			 on the vessel for which they were assigned. Decals must be affixed on (see
			 illustration):
(a) Each side of the forward
			 half of the vessel above the water line so it is easily visible for law
			 enforcement; and
(b) Within six
			 inches aft of, and directly on line with, the vessel registration number as
			 provided by WAC
			 308-93-145(3).
Click to view
							 image
(c)
			 For documented vessels, one decal must be affixed to each side of the forward
			 half of the vessel for which it was assigned so it is easily visible for law
			 enforcement.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-145 - Vessel registration numbers - Display, size, color

Current through Register Vol. 24-14, July 15, 2024
(1)
What vessels are required to
			 display a vessel registration number?
All vessels registered under
			 chapter
			 88.02 RCW are required to
			 display the vessel registration numbers. Vessels documented by the United
			 States Coast Guard are prohibited from displaying the registration
			 number.
(2)
What are vessel
			 registration numbers?
Vessel registration numbers are configured in
			 accordance with 33 C.F.R.
			 174.23 and:
(a) Uniquely identify a vessel (the same way
			 license plate numbers identify a vehicle);
(b) Are assigned by the department when you
			 apply for initial registration for your vessel or when a vessel owner is
			 retaining the registration number issued by the United States Coast Guard prior
			 to July 1984;
(c) Are printed on
			 your registration certificate and certificate of ownership;
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-146 - Vessel carbon monoxide warning sticker

Current through Register Vol. 24-14, July 15, 2024
(1)
What is a carbon monoxide warning
			 sticker?
A carbon monoxide warning sticker is displayed on a vessel to
			 warn people of the dangers of carbon monoxide poisoning.
(2)
What vessels are required to have a
			 carbon monoxide warning sticker?
Any vessel with an engine that produces
			 carbon monoxide by burning a carbon based fuel such as: Gas, propane, oil,
			 diesel, or charcoal. A personal watercraft (Jet Ski type) is exempt from this
			 rule.
(3)
How do I get a
			 carbon monoxide warning sticker?
You will receive the carbon monoxide
			 warning sticker from your vessel dealer, or vehicle/vessel licensing offices
			 when you:
(a) Purchase a vessel from a dealer;
			 or
(b) Renew your vessel
			 registration; or
(c) Transfer a
			 vessel into your name from a private sale; or
(d) Transfer a vessel from outside the state
			 or country with a certificate of ownership or registration to a Washington
			 certificate of ownership or registration; or
(e) Request one through your local
			 vehicle/vessel licensing office; or
(f) Receive one that has been approved by the
			 Coast Guard from a boating safety organization.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-160 - Excise tax exemptions - Indians

Current through Register Vol. 24-14, July 15, 2024
(1)
What definitions does the
			 department apply to this section?
For purposes of this rule, the
			 following words and terms have the following meanings:
(a) "Indian country" means all lands,
			 notwithstanding the issuance of any patent, within the exterior boundaries set
			 aside by the United States for the use and occupancy of Indian tribes by
			 treaty, law or executive order and which are areas currently recognized as
			 "Indian country" by the United States Department of the Interior as referenced
			 in 18 USC 1151 and C.F.R. 25.
(b)
			 "Indian tribe" means an Indian nation, tribe, band, or community recognized as
			 an "Indian tribe" by the United States Department of the Interior.
(c) "Indian" means a person on the tribal
			 rolls of the Indian tribe occupying an Indian reservation.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-200 - Involuntary transfer of a vessel

Current through Register Vol. 24-14, July 15, 2024
(1)
Who may repossess a vessel?
A Washington titled vessel may only be repossessed by the legal owner of record
			 or secured party.
(2)
What
			 documentation does the department require when a vessel is repossessed?
In addition to other documents required:
(a)
			 The most recent certificate of ownership; or
(b) An affidavit in lieu of certificate of
			 ownership; and
(c) A
			 notarized/certified signature on an affidavit of repossession.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-220 - Department may refuse or cancel certificates

Current through Register Vol. 24-14, July 15, 2024
(1)
Can the department refuse to issue
			 a certificate of ownership or registration?
Yes, if the department
			 determines at any time that an applicant for certificate of ownership or
			 registration for a vessel is not entitled to these certificates, the department
			 may refuse to issue such certificates.
(2)
Can the department cancel a
			 certificate of ownership or registration?
Yes, the department may cancel
			 the certificate of ownership or registration already acquired.
(3)
How will the department notify an
			 applicant if a certificate of ownership or registration has been refused or
			 canceled?
Notice of cancellation may be accomplished by sending a notice
			 by first class mail using the last known address in department records for the
			 legal vessel owner or owners, and recording the transmittal on an affidavit of
			 first class mail.
(4)
May the
			 vessel be operated if the certificate of ownership or registration has been
			 refused or canceled?
No. It is unlawful for any person to operate the
			 vessel until a proper certificate of ownership and registration has been
			 issued. Any person operating a vessel after the refusal or cancellation of the
			 certificates by the department will be guilty of a gross misdemeanor.
Statutory Authority: RCW 88.02.070 and 88.02.100. 00-23-029,
				  § 308-93-220, filed 11/7/00, effective 12/8/00; 98-21-001, §
				  308-93-220, filed 10/8/98, effective 11/8/98. Statutory Authority: 1983 c 7
				  § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), §
				  308-93-220, filed 11/18/83.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-230 - Procedure for perfecting security interest

Current through Register Vol. 24-14, July 15, 2024
(1)
How is the security interest in a
			 vessel perfected?
A security interest in a vessel is perfected when the
				requirements similar to RCW 46.12.095 for vehicles is followed. Security
				interest in a vessel (other than one held as inventory by a manufacturer or a
				dealer and for which a certificate of ownership is required) is perfected only
				by completing the requirements of RCW 46.12.103 for vessels under the
				circumstances provided for in this section:
(a) The existing certificate and application
			 for certificate of ownership containing the name and address of the secured
			 party is received by the department with required fees; or
(b) The secured interest is perfected as of
			 the time of its creation if the secured party's name and address appear on the
			 outstanding certificate of ownership when received in (a) of this subsection
			 with appropriate fees; or
(c) The
			 vessel is subject to a security interest when brought into this state. The
			 perfection of the security interest is determined by the jurisdiction in which
			 the vessel was either purchased, registered and/or titled and the security
			 interest is attached.
If perfected through the laws of another jurisdiction, the
				following applies:
(i) If the name of
			 the secured party is shown on the existing certificate of ownership issued by
			 that jurisdiction, the security interest continues perfected in this
			 state.
(ii) If the security
			 interest was not perfected under the law of the jurisdiction where the vessel
			 was when the security interest was attached, it may be perfected in this state,
			 in that case perfection dates from the time of perfection in this state.
The application must be in the same manner as provided for
				vehicles and WAC
				308-93-069 and
				308-93-070 as provided for
				vessels.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-241 - Undercover and confidential vessel registration - Application procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
What are
			 undercover and confidential vessel registrations?
They are vessel
			 registrations and decals assigned only to vessels owned or operated by
			 government agencies as identified in RCW 88.02.035.
(2)
When is an undercover or
			 confidential vessel registration issued?
An undercover or confidential
			 vessel registration is issued to government agencies when the vessel is being
			 used in confidential, investigative, or undercover work.
(3)
How are undercover and confidential
			 vessels registered?
(a) An undercover
			 vessel registration record will show fictitious names and addresses on all
			 department records subject to public disclosure.
(b) A confidential vessel registration record
			 will show the government agency name and address on all department records
			 subject to public disclosure.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-242 - Undercover/confidential vessel registration - Agency contact

Current through Register Vol. 24-14, July 15, 2024
(1)
Who may represent a government
			 agency regarding undercover or confidential vessel registrations?
The
			 government agency head may designate a maximum of two agency employees to
			 represent the agency regarding undercover/confidential registration. The
			 government agency head must provide name, signature, title, address, telephone
			 number, and if applicable, fax number and e-mail address of each designee must
			 be provided.
(2)
How often
			 does the government agency contact information need to be updated?
The
			 government agency contact information must be updated, in writing, within
			 thirty days of any change in the agency head or designee.
Statutory Authority: RCW 88.02.100, 88.02.070, 88.02.120.
				  02-22-004, § 308-93-242, filed 10/24/02, effective 11/24/02; 00-22-068,
				  § 308-93-242, filed 10/30/00, effective 11/30/00; 98-16-001, §
				  308-93-242, filed 7/22/98, effective 8/22/98. Statutory Authority: RCW
				  88.02.035(3). 92-15-023, § 308-93-242, filed 7/6/92, effective
				  8/6/92.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-243 - Undercover or confidential vessel registrations - Vessel inventory

Current through Register Vol. 24-14, July 15, 2024
(1)
How does
			 the department maintain a current inventory listing of vessels with undercover
			 or confidential registrations?
(a) The
			 department provides an inventory list of vessels, scheduled to be renewed
			 within the next quarter, to each agency participating in the
			 undercover/confidential vessel registration program. Each government agency
			 verifies the accuracy of the information by:
(i) Correcting any erroneous
			 information;
(ii) Deleting vessels
			 no longer in the program by marking plainly on the list "deleted" next to the
			 vessel that needs to be deleted;
(iii) Signing the inventory list certifying
			 that all undercover and confidential vessels shown on the list are being
			 utilized under RCW 88.02.035(3); and
(iv) Returning the updated inventory list to
			 the department by the date requested.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-244 - Undercover or confidential vessel registrations - Cancellation

Current through Register Vol. 24-14, July 15, 2024
(1)
Who may
			 cancel undercover or confidential vessel registrations?
Undercover or
			 confidential vessel registrations may be canceled in one of two ways:
(a) The department may cancel or refuse to
			 renew undercover or confidential vessel registrations when the department has
			 reasonable cause to believe the vessel is being used for purposes other than
			 those authorized in RCW 88.02.035; or
(b) A government agency may request
			 cancellation of their undercover or confidential vessel registration when the
			 undercover or confidential registration is no longer required.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-93 - Vessel registration and certificates of title › Section 308-93-270 - Appeals to superior court from suspension, cancellation, or refusal of registration or certificate of ownership

Current through Register Vol. 24-14, July 15, 2024
May I appeal the department's decision to refuse to issue
				a registration or certificate of ownership or suspend or cancel a registration
				or certificate of ownership?
Yes. The suspension, cancellation, or refusal by the department
				of any registration or certificate of title provided for in
				chapter
				88.02 RCW and chapter 250,
				Laws of 1984, or chapter 308-93 WAC will be conclusive unless the person whose
				registration or certificate is suspended, canceled, or refused appeals to the
				superior court of Thurston County, or to the superior court of the county of
				the person's residence, for the purpose of having the suspension, cancellation,
				or refusal of such registration or certificate set aside. Notice of appeal must
				be filed within ten days after receipt of the notice of suspension,
				cancellation, or refusal. Upon the filing of the notice of appeal the court
				must issue an order to the department to show cause why the registration should
				not be granted or reinstated, which order must be returned not less than ten
				days after the date of service thereof upon the department. Service must be in
				the manner prescribed for service of summons and complaint in other civil
				actions.
At the hearing on the order to show cause, the court will hear
				evidence concerning matters with reference to the suspension, cancellation, or
				refusal of the registration or certificate and will enter judgment either
				affirming or setting aside such suspension, cancellation, or
				refusal.
Statutory Authority: RCW 46.16.381. 02-04-001, §
				  308-93-270, filed 1/23/02, effective 2/23/02. Statutory Authority: RCW
				  88.02.070 and 88.02.100. 99-03-002, § 308-93-270, filed 1/7/99, effective
				  2/7/99; 84-13-086 (Order TL-RG-2), § 308-93-270, filed 6/21/84. Statutory
				  Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076
				  (Order 736-DOL), § 308-93-270, filed
				  11/18/83.