title: RCW 46.85.060

text:
In the absence of an agreement or arrangement with another jurisdiction, the department may examine the laws and requirements of such jurisdiction and declare the extent and nature of exemptions, benefits and privileges to be extended to vehicles properly registered or licensed in such other jurisdiction, or to the owners of such vehicles, which shall, in the judgment of the department, be in the best interest of this state and the citizens thereof and which shall be fair and equitable to this state and the citizens thereof, and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this state from the uninterrupted flow of commerce. Declarations of exemptions, benefits, and privileges issued by the department shall include at least the following exemptions:
(1) Nonresident persons not employed in this state may operate a vehicle in this state that is currently licensed in another jurisdiction for a period not to exceed six months in any continuous twelve-month period.
(2) Nonresident persons employed in this state may operate vehicles not to exceed twelve thousand pounds registered gross vehicle weight that are currently licensed in another jurisdiction if no permanent, temporary, or part-time residence is maintained in this state for a period greater than six months in any continuous twelve-month period.
(3) A vehicle or a combination of vehicles, not exceeding a registered gross or combined gross vehicle weight of twelve thousand pounds, which is properly base licensed in another jurisdiction and registered to a bona fide business in that jurisdiction is not required to obtain Washington vehicle license registration except when such vehicle is owned or operated by a business or branch office of a business located in Washington.
(4) The department of licensing, after consultation with the department of revenue, shall adopt such rules as it deems necessary for the administration of these exemptions, benefits, and privileges.
[ 1987 c 142 s 4; 1985 c 353 s 3; 1982 c 227 s 21; 1963 c 106 s 6.]
Notes:
Effective date—1982 c 227: See note following RCW 19.09.100.

catchline: Declarations of extent of reciprocity, when—Exemptions, benefits, and privileges—Rules.


doc_type: statute

jurisdiction: wa

title: RCW 46.85.070

text:
An agreement, or arrangement entered into, or a declaration issued under the authority of this chapter, may contain provisions under which a leased vehicle properly registered by the lessor thereof may be entitled, subject to terms and conditions stated therein, to the exemptions, benefits and privileges extended by such agreement, arrangement or declaration.
[ 1963 c 106 s 7.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Extension of reciprocal privileges to lessees authorized.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 46.85.080

text:
On and after July 1, 1963, if no agreement, arrangement or declaration is in effect with respect to another jurisdiction as authorized by this chapter, any vehicle properly registered or licensed in such other jurisdiction and for which evidence of compliance is supplied shall receive, when operated in this state, the same exemptions, benefits and privileges granted by such other jurisdiction to vehicles properly registered in this state. Reciprocity extended under this section shall apply to commercial vehicles only when engaged exclusively in interstate commerce.
[ 1963 c 106 s 8.]

catchline: Automatic reciprocity, when.


title: RCW 46.85.090

text:
Agreements, arrangements or declarations made under the authority of this chapter may include provisions authorizing the department to suspend or cancel the exemptions, benefits, or privileges granted thereunder to an owner who violates any of the conditions or terms of such agreements, arrangements, or declarations or who violates the laws of this state relating to motor vehicles or rules and regulations lawfully promulgated thereunder.
[ 1987 c 244 s 12; 1963 c 106 s 9.]

catchline: Suspension of reciprocity benefits.


title: RCW 46.85.100

text:
All agreements, arrangements, or declarations or amendments thereto shall be in writing and shall be filed with the department. Upon becoming effective, they shall supersede the provisions of RCW 46.16A.160, chapter 46.87 RCW, or this chapter to the extent that they are inconsistent therewith. The department shall provide copies for public distribution upon request.
[ 2011 c 171 s 94; 1987 c 244 s 13; 1982 c 227 s 22; 1967 c 32 s 114; 1963 c 106 s 10.]
Notes:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—1982 c 227: See note following RCW 19.09.100.

catchline: Agreements to be written, filed, and available for distribution.


title: RCW 46.85.110

text:
All reciprocity and proportional registration agreements, arrangements and declarations relating to vehicles in force and effect at the time this chapter becomes effective shall continue in force and effect at the time this chapter becomes effective and until specifically amended or revoked as provided by law or by such agreements or arrangements.
[ 1963 c 106 s 11.]
Notes:
Effective date—1963 c 106: See RCW 46.85.930.

catchline: Reciprocity agreements in effect at time of act.


title: RCW 46.85.900

text:
This chapter shall be, and construed as, a part of and supplemental to the motor vehicle registration law of this state.
[ 1963 c 106 s 30.]

catchline: Chapter part of and supplemental to motor vehicle registration law.


title: RCW 46.85.910

text:
If any phrase, clause, subsection or section of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature would have enacted this chapter without the phrase, clause, subsection or section so held unconstitutional or invalid and the remainder of the chapter shall not be affected as a result of said part being held unconstitutional or invalid.
[ 1963 c 106 s 31.]

catchline: Constitutionality.


title: RCW 46.85.920

text:
The following acts or parts of acts and RCW sections are hereby repealed:
(1) Sections 46.84.010, 46.84.030, 46.84.040, 46.84.050, 46.84.060, 46.84.070, 46.84.080, 46.84.090 and 46.84.100, chapter 12, Laws of 1961 and RCW 46.84.010, 46.84.030, 46.84.040, 46.84.050, 46.84.060, 46.84.070, 46.84.080, 46.84.090 and 46.84.100;
(2) Section 46.84.020, chapter 12, Laws of 1961 as amended by section 37, chapter 21, Laws of 1961 extraordinary session and RCW 46.84.020;
(3) Sections 1, 2, 3, and 4, chapter 266, Laws of 1961 and RCW 46.84.110, 46.84.120, 46.84.130 and 46.84.140; and
(4) Sections 38, 39, and 40, chapter 21, Laws of 1961 extraordinary session and RCW 46.84.150, 46.84.160 and 46.84.170.
Such repeals shall not be construed as affecting any existing right acquired under the statutes repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder, nor any administrative action taken thereunder, nor the term of office or appointment or employment of any person appointed or employed thereunder.
[ 1963 c 106 s 32.]

catchline: Repeal and saving.


title: RCW 46.85.930

text:
This chapter shall take effect and be in force on and after July 1, 1963.
[ 1963 c 106 s 33.]

catchline: Effective date—1963 c 106.


title: RCW 46.85.940

text:
Section captions as used in this chapter shall not constitute any part of the law.
[ 1963 c 106 s 34.]

catchline: Section captions not a part of the law.


title: RCW 46.87.010

text:
This chapter applies to proportional registration and reciprocity granted under the provisions of the international registration plan (IRP). This chapter shall become effective and be implemented beginning with the 1988 registration year.
(1) The director may adopt and enforce rules deemed necessary to implement and administer this chapter.
(2) Owners having a fleet of apportionable vehicles operating in two or more IRP member jurisdictions may elect to proportionally register the vehicles of the fleet under the provisions of the IRP and this chapter in lieu of full or temporary registration as provided for in chapter 46.16A RCW.
(3) If a due date or an expiration date falls on a Saturday, Sunday, or a state legal holiday, such period is automatically extended through the end of the next business day.
[ 2015 c 228 s 1; 2011 c 171 s 95; 2010 c 161 s 1140; 2005 c 194 s 1; 1987 c 244 s 15; 1986 c 18 s 22; 1985 c 380 s 1.]
Notes:
Effective date—2015 c 228: "Sections 1 through 27 and 29 through 38 of this act take effect July 1, 2016." [ 2015 c 228 s 42.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—1987 c 244: "Section 1 of this act shall take effect on January 1, 1990. Sections 9, 10, and 15 through 58 of this act shall take effect on January 1, 1988." [ 1987 c 244 s 59.]

catchline: Applicability—Implementation.


title: RCW 46.87.020

text:
Provisions and terms used in this chapter have the meaning given to them in the international registration plan (IRP), in chapter 46.04 RCW, or as otherwise defined in this section. Definitions given to terms by the IRP prevail unless given a different meaning in this chapter or in rules adopted under authority of this chapter.
(1) "Adequate records" are records maintained by the owner of the fleet sufficient to enable the department to verify the distances reported in the owner's application for apportioned registration and to evaluate the accuracy of the owner's distance accounting system.
(2) "Apportionable vehicle" has the meaning given by the IRP, except that it does not include vehicles with a declared gross weight of 12,000 pounds or less.
(3) "Cab card" is a certificate of registration issued for a vehicle.
(4) "Credentials" means cab cards, apportioned plates, temporary operating authority, and validation tabs issued for proportionally registered vehicles.
(5) "Declared combined gross weight" means the total unladen weight of any combination of vehicles plus the maximum weight of the load to be carried on the combination of vehicles as declared by the registrant.
(6) "Declared gross weight" means the total unladen weight of any vehicle plus the maximum weight of the load to be carried on the vehicle as declared by the registrant. In the case of a bus, auto stage, or a passenger-carrying for hire vehicle with a seating capacity of more than six, the declared gross weight is determined by multiplying 150 pounds by the number of seats in the vehicle, including the driver's seat, and adding this amount to the unladen weight of the vehicle. If the resultant gross weight is not listed in RCW 46.17.355, it must be increased to the next higher gross weight authorized in chapter 46.44 RCW.
(7) "Deny" means to decline acceptance of an application for licensure or reinstatement.
(8) "Department" means the department of licensing.
(9) "Fleet" means one or more apportionable vehicles.
(10) "In-jurisdiction distance" means the total distance, in miles, accumulated in a jurisdiction during the reporting period by vehicles of the fleet while they were a part of the fleet.
(11) "IRP" means the international registration plan.
(12) "Jurisdiction" means and includes a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country, and a state or province of a foreign country.
(13) "Motor carrier" means an entity engaged in the transportation of goods or persons. "Motor carrier" includes a for-hire motor carrier, private motor carrier, exempt motor carrier, registrant licensed under this chapter, motor vehicle lessor, and motor vehicle lessee.
(14) "Owner" means a person or business who holds the legal title to a vehicle, or if a vehicle is the subject of an agreement for its conditional sale with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee, or if a vehicle is subject to a lease, contract, or other legal arrangement vesting right of possession or control, for security or otherwise, or if a mortgagor of a vehicle is entitled to possession, then the owner is deemed to be the person or business in whom is vested right of possession or control.
(15) "Person" means any individual, partnership, association, public or private corporation, limited liability company, or other type of legal or commercial entity, including its members, managers, partners, directors, or officers.
(16) "Prorate percentage" is the factor applied to the total proratable fees and taxes to determine the apportionable fees required for registration in a jurisdiction. It is determined by dividing the in-jurisdiction distance for a particular jurisdiction by the total distance.
(17) "Refuse" has the same meaning as "deny" in subsection (7) of this section.
(18) "Registrant" means a person, business, or corporation in whose name or names a vehicle or fleet of vehicles is registered.
(19) "Registration year" means the 12-month period during which the credentials issued by the base jurisdiction are valid.
(20) "Reporting period" means the period of 12 consecutive months immediately prior to July 1st of the calendar year immediately preceding the beginning of the registration year for which apportioned registration is sought. If the fleet registration period commences in October, November, or December, the reporting period is the period of 12 consecutive months immediately preceding July 1st of the current calendar year.
(21) "Revoke" means to prohibit all authority granted by this chapter, including the display and use of credentials issued by the department for a period of one year or greater or for an indefinite period.
(22) "Suspend" means to restrict the grant of authority under this chapter for a period of less than one year.
(23) "Total distance" means all distance operated by a fleet of apportioned vehicles. "Total distance" includes the full distance traveled in all vehicle movements, both interjurisdictional and intrajurisdictional, including loaded, unladen, deadhead, and bobtail distances. Distance traveled by a vehicle while under a trip lease is considered to have been traveled by the lessor's fleet. All distance, both interstate and intrastate, accumulated by vehicles of the fleet is included in the fleet distance.
[ 2024 c 1 s 1; 2015 c 228 s 2; 2010 c 161 s 1141; 2005 c 194 s 2; 2003 c 85 s 1; 1997 c 183 s 2; 1994 c 262 s 12; 1993 c 307 s 12; 1991 c 163 s 4; 1990 c 42 s 111; 1987 c 244 s 16; 1985 c 380 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2024 c 1: "This act takes effect July 1, 2024." [ 2024 c 1 s 23.]
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Definitions.


title: RCW 46.87.022

text:
Owners of rental trailers and semitrailers over six thousand pounds gross vehicle weight used solely in pool fleets must fully register a portion of the pool fleet in this state. To determine the percentage of total fleet vehicles that must be registered in this state, divide the gross revenue received in the reporting period for the use of the rental vehicles arising from rental transactions occurring in this state by the total revenue received in the reporting period for the use of the rental vehicles arising from rental transactions in all jurisdictions in which the vehicles are operated. Apply the resulting percentage to the total number of vehicles that must be registered in this state. Vehicles registered in this state must be representative of the vehicles in the fleet according to age, size, and value.
[ 2015 c 228 s 3; 1990 c 250 s 74.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.

catchline: Rental trailers—Fleet vehicle registration.


title: RCW 46.87.025

text:
All vehicles being added to a Washington fleet or those vehicles that make up a new Washington fleet must be titled in the name of the owner at time of registration.
[ 2015 c 228 s 4; 1990 c 250 s 75; 1987 c 244 s 17.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Vehicles titled in owner's name.


title: RCW 46.87.030

text:
(1) When application to register a vehicle in an existing fleet is made, the Washington apportioned fees must be reduced by one-twelfth for each full month that has elapsed from the time an application for registration is received in the department. The prorate percentage previously established for the fleet must be used in the computation of the apportionable fees and taxes due.
(2) If a vehicle is withdrawn from a fleet during the period it is registered under this chapter, the registrant of the fleet must notify the department on forms prescribed by the department. The department may require the registrant to surrender credentials issued to the vehicle. If a vehicle is completely removed from the service of the fleet, the unused portion of the license fee paid under RCW 46.17.355, reduced by one-twelfth for each month and fraction thereof elapsing between the first day of the month of the current registration year and the date the notice of removal is received in the department, must be credited to the registrant's fleet proportional registration account. Credit must be applied against the license fee liability for subsequent additions of vehicles to the fleet during the registration year or for additional license fees due under RCW 46.17.355 or be due upon audit under RCW 46.87.310. If any credit is less than fifteen dollars, the credit must not be entered. In lieu of credit, the registrant may transfer the unused portion of the license fee for the vehicle to the new owner, in which case it must remain with the vehicle for which it was originally paid. An amount may not be credited against fees other than those for the registration year from which the credit was obtained and an amount may not be refunded.
[ 2015 c 228 s 5; 2010 c 161 s 1142; 2005 c 194 s 3; 1997 c 183 s 3; 1993 c 307 s 13; 1987 c 244 s 18; 1986 c 18 s 23; 1985 c 380 s 3.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Part-year registration—Credit for unused fees.


title: RCW 46.87.040

text:
Additional gross weight may be purchased to the limits authorized under chapter 46.44 RCW. Registration must be for the remainder of the registration year, including the full registration month in which the vehicle is initially registered at the higher gross weight. The apportionable fee initially paid to the state of Washington, reduced by the number of full registration months the license was in effect, must be deducted from the total fee due. A credit or refund may not be given for a reduction of gross weight.
[ 2015 c 228 s 6; 1994 c 262 s 13; 1987 c 244 s 19; 1985 c 380 s 4.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Purchase of additional gross weight.


title: RCW 46.87.050

text:
Each day the department must forward to the state treasurer the fees collected under this chapter and, within ten days of the end of each registration quarter, a detailed report identifying the amount to be deposited to each account for which fees are required. Such fees must be deposited pursuant to RCW 46.68.035.
[ 2015 c 228 s 7; 2005 c 194 s 4; 1987 c 244 s 20; 1985 c 380 s 5.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Deposit of fees.


title: RCW 46.87.060

text:
The apportionment of fees to IRP member jurisdictions must be in accordance with the provisions of the IRP agreement.
[ 2015 c 228 s 8; 1987 c 244 s 21; 1985 c 380 s 6.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Apportionment of fees.


title: RCW 46.87.070

text:
Trailers, semitrailers, and pole trailers properly based in jurisdictions other than Washington and displaying currently registered license plates issued by the jurisdictions are granted vehicle registration reciprocity in this state. Unless registered under the provisions of the IRP as a pool fleet, such trailers, semitrailers, and pole trailers must be operated in combination with an apportioned power unit to qualify for reciprocity. If pole trailers are not required to be licensed separately by a member jurisdiction, they may be operated in this state without displaying a base license plate.
[ 2015 c 228 s 9; 2005 c 194 s 5; 1993 c 123 s 1. Prior: 1991 c 339 s 9; 1991 c 163 s 5; 1990 c 42 s 112; 1987 c 244 s 22; 1985 c 380 s 7.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16A.455.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Reciprocity for trailers, semitrailers, pole trailers.


title: RCW 46.87.080

text:
(1) Upon making satisfactory application and payment of fees and taxes for proportional registration under this chapter, the department must issue credentials. License plates must be displayed as required under RCW 46.16A.200(5). The license plates must be of a design determined by the department. The license plates must be treated with reflectorized material and clearly marked with the words "WASHINGTON" and "APPORTIONED," both words to appear in full and without abbreviation.
(2) The cab card is the certificate of registration for the vehicle. The cab card must contain the name and address of the registrant as maintained in the records of the department, the license plate number assigned to the vehicle, the vehicle identification number, and other information the department may require. The cab card must be signed by the registrant, or a designated person if the registrant is a business, and must always be carried in the vehicle.
(3) The apportioned license plates are not transferable. License plates must be legible and remain with the vehicle until the department requires them to be removed.
(4) Validation tab(s) of a design determined by the department must be affixed to the license plate(s) as prescribed by the department and indicate the month and year for which the vehicle is registered.
(5) A fleet vehicle properly registered is deemed to be fully registered in this state for any type of legal movement or operation. In instances in which a permit or grant of authority is required for interstate or intrastate operation, the vehicle must not be operated in interstate or intrastate commerce unless the owner is granted the appropriate operating authority and the vehicle is being operated in conformity with that permit or operating authority.
(6) The department may deny, suspend, or revoke the credentials authorized under subsection (1) of this section to any person: (a) Who formerly held any type of license, registration, credentials, or permit issued by the department pursuant to chapter 46.16A, 46.44, 46.85, or 82.38 RCW or this chapter that has been revoked for cause, which cause has not been removed; (b) who is a subterfuge for the real party in interest whose license, registration, credentials, or permit issued by the department pursuant to chapter 46.16A, 46.44, 46.85, or 82.38 RCW or this chapter and has been revoked for cause, which cause has not been removed; (c) who, as a person, individual licensee, or officer, partner, director, owner, or managing employee of a nonindividual licensee, has had a license, registration, or permit issued by the department pursuant to chapter 46.16A, 46.44, 46.85, or 82.38 RCW or this chapter that has been revoked for cause, which cause has not been removed; (d) who has an unsatisfied debt to the state assessed under either chapter 46.16A, 46.44, 46.85, 82.38, or 82.44 RCW or this chapter; or (e) who, as a person, individual licensee, officer, partner, director, owner, or managing employee of a nonindividual licensee, has been prohibited from operating as a motor carrier by the federal motor carrier safety administration or Washington state patrol and the cause for such prohibition has not been satisfied.
(7) Any action initiated under subsection (6) of this section may be immediately issued as a notice of the adverse action. Upon service of that notice, the applicant, registrant, or owner must be granted 30 calendar days to request a review by the department on the action. If a timely request to review is received, the department must grant the applicant, registrant, or owner a review and at least 10 days written notice of the time, place, and method of the review. If no request is received by the department, the action becomes final and subject to the provisions of RCW 46.87.300.
[ 2024 c 1 s 2; 2015 c 228 s 10; 2013 c 225 s 609; 2011 c 171 s 97; 2005 c 194 s 6; 1998 c 115 s 1; 1993 c 307 s 14; 1987 c 244 s 23; 1985 c 380 s 8.]
Notes:
Effective date—2024 c 1: See note following RCW 46.87.020.
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date—2013 c 225: See note following RCW 82.38.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Credentials—Design, procedures—Issuance, denial, suspension, revocation.


title: RCW 46.87.090

text:
(1) To replace license plates, a cab card, or validation tab(s), the registrant must apply to the department on forms furnished by the department.
(a) A fee of ten dollars is charged for two license plates. The department must issue new license plates with validation tabs and a new cab card.
(b) A fee of two dollars is charged for each cab card.
(c) A fee of two dollars is charged for each validation year tab.
(2) All fees collected under this section must be deposited in the motor vehicle fund.
[ 2015 c 228 s 11; 1994 c 262 s 14; 1987 c 244 s 24; 1986 c 18 s 24; 1985 c 380 s 9.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Replacement of license plates, cab card, validation tabs—Fees.


title: RCW 46.87.120

text:
(1) An application for proportional registration of a fleet must state the actual distance accumulated by the fleet during the reporting period. If operations were not conducted by the fleet during the reporting period, the application must contain a department determined average per vehicle distance of the fleet in all jurisdictions.
[ 2015 c 228 s 12; 2005 c 194 s 7; 1997 c 183 s 4; 1990 c 42 s 113; 1987 c 244 s 25.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Report of actual distance accumulated on applications.


title: RCW 46.87.130

text:
The department must collect a vehicle transaction fee each time a vehicle is added to a Washington fleet, and each time the registration of a Washington fleet vehicle is renewed. The exact amount of the vehicle transaction fee must be fixed by rule, but must not exceed ten dollars. This fee must be deposited in the motor vehicle fund.
[ 2015 c 228 s 13; 2005 c 194 s 8; 1987 c 244 s 26.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Transaction fee.


title: RCW 46.87.140

text:
(1) Any owner of one or more fleets of apportionable vehicles may, in lieu of registration of the vehicles under chapter 46.16A RCW, register the vehicles of each fleet by filing a proportional registration application with the department. The application must contain the following information and other information the department may require:
(a) A description and identification of each vehicle in the fleet.
(b) An original or renewal application must be accompanied by a distance schedule for each fleet.
(c) The USDOT number issued to the registrant and the USDOT number of the motor carrier responsible for the safety of each vehicle, if different.
(d) The taxpayer identification number of the registrant and the motor carrier responsible for the safety of each vehicle, if different.
(2) Each application must, at the time and in the manner required by the department, be supported by payment of a fee computed as follows:
(a) Divide the in-jurisdiction distance for each jurisdiction by the total distance and carry the answer to the nearest thousandth of a percent (three places beyond the decimal, e.g. 10.543 percent). This factor is known as the prorate percentage.
(b) Determine the apportionable fees and taxes required for each vehicle in the fleet based on the applicable fees and taxes under the laws of each jurisdiction.
Fees and taxes for vehicles of Washington fleets and foreign jurisdiction fleets operating in Washington are those prescribed under RCW 46.17.315, 46.17.355, and 82.38.075. If, during the registration period, the lessor of an apportioned vehicle changes and the vehicle remains in the fleet of the registrant, the department must only charge those fees prescribed for the issuance of new apportioned license plates, validation tabs, and cab card.
(c) Multiply the total, apportionable fees or taxes for each vehicle by the prorate percentage applicable to each jurisdiction and round the results to the nearest cent.
(d) Add the total fees and taxes determined in (c) of this subsection for each vehicle to the nonapportionable fees and taxes required under the laws of each jurisdiction. Nonapportionable fees required for vehicles of Washington fleets are the administrative fee required under RCW 82.38.075, the vehicle transaction fee pursuant to RCW 46.87.130, and the commercial vehicle safety inspection [enforcement] fee in RCW 46.17.315.
(e) The amount due and payable is the sum of the fees and taxes calculated for each jurisdiction in which the fleet is registered.
(3) All assessments for taxes and fees are due and payable in United States funds on the date presented or mailed to the registrant at the address listed in the proportional registration records of the department. The registrant may petition for reassessment of the fees or taxes due within thirty days of the date of original service.
[ 2015 c 228 s 14; 2011 c 171 s 98; 2010 c 161 s 1143; 2005 c 194 s 9; 2003 c 85 s 2; 1997 c 183 s 5; 1991 c 339 s 10; 1990 c 42 s 114; 1987 c 244 s 27.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Application—Filing, contents—Fees and taxes—Assessments, due date.


title: RCW 46.87.150

text:
If a person pays a fee or tax that amounts to an overpayment of ten dollars or more, the person is entitled to a refund of the entire amount of the overpayment, regardless of whether or not a refund has been requested. This subsection does not preclude a person from applying for a refund of an overpayment if the overpayment is less than ten dollars. If the department or its agents fail to assess and collect the full amount of fees or taxes owed, which underpayment is ten dollars or more, the department must collect the additional amount owed.
[ 2015 c 228 s 15; 1996 c 91 s 1; 1987 c 244 s 28.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date—1996 c 91: "This act takes effect July 1, 1996." [ 1996 c 91 s 5.]
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Overpayment, underpayment—Refund, additional amount owed.


title: RCW 46.87.190

text:
The department may suspend or cancel the exemptions, benefits, or privileges granted under chapter 46.85 RCW or this chapter to any person who violates any of the conditions or terms of the IRP or who violates the laws or rules of this state relating to the operation or registration of vehicles.
[ 2015 c 228 s 16; 2005 c 194 s 10; 1987 c 244 s 32.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Suspension or cancellation of benefits.


title: RCW 46.87.200

text:
The department must refuse registration of a vehicle if the applicant has failed to furnish proof, acceptable to the department, that the federal heavy vehicle use tax imposed under 26 U.S.C. Sec. 4481 has been suspended or paid.
[ 2015 c 228 s 17; 1987 c 244 s 33.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Refusal of registration—Federal heavy vehicle use tax.


title: RCW 46.87.220

text:
The gross weight of a vehicle is the scale weight of the vehicle, plus the scale weight of any trailer, semitrailer, converter gear, or pole trailer to be towed by it, to which must be added the maximum weight of the load to be carried on it or towed by it as declared by the licensee as long as it does not exceed the weight limitations prescribed under chapter 46.44 RCW.
The gross weight in the case of a bus, auto stage, or passenger-carrying for hire vehicle with a seating capacity over six, is the scale weight of the bus, auto stage, or passenger-carrying for hire vehicle plus the seating capacity, including the operator's seat, computed at one hundred fifty pounds per seat.
If the resultant gross weight, according to this section, is not listed in RCW 46.17.355, it must be increased to the next higher gross weight listed pursuant to chapter 46.44 RCW.
A vehicle or combination of vehicles found to be loaded beyond the licensed gross weight of the vehicle or combination of vehicles must be cited and handled under RCW 46.16A.540 and 46.16A.545.
[ 2015 c 228 s 18; 2010 c 161 s 1144; 1987 c 244 s 35.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Gross weight computation.


title: RCW 46.87.230

text:
Whenever an act or omission is declared to be unlawful under chapter 46.12, 46.16A, or 46.44 RCW or this chapter, and the operator of the vehicle is not the owner or lessee of the vehicle but is operating or moving the vehicle with the express or implied permission of the owner or lessee, the operator and the owner or lessee are both subject to this chapter, with the primary responsibility to be that of the owner or lessee.
If the person operating the vehicle at the time of the unlawful act or omission is not the owner or the lessee of the vehicle, that person is fully authorized to accept the citation or notice of infraction and execute the promise to appear on behalf of the owner or lessee.
[ 2015 c 228 s 19; 2011 c 171 s 99; 1987 c 244 s 36.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Responsibility for unlawful acts or omissions.


title: RCW 46.87.240

text:
To administer the provisions of the IRP, the department may act in a quasi-agency relationship with other jurisdictions. The department may collect and forward applicable registration fees and taxes to other jurisdictions on behalf of the applicant or another jurisdiction and may take other action that facilitates the administration of the IRP.
[ 2015 c 228 s 20; 1987 c 244 s 37.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Relationship of department with other jurisdictions.


title: RCW 46.87.250

text:
This chapter constitutes complete authority for the registration of vehicles upon a proportional registration basis without reference to or application of any other statutes of this state except as expressly provided in this chapter.
[ 2015 c 228 s 21; 1987 c 244 s 38.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Authority of chapter.


title: RCW 46.87.260

text:
Any person who alters, forges, or causes to be altered or forged any credential, or holds or uses any credential knowing the credential to have been altered or forged, is guilty of a class B felony punishable according to chapter 9A.20 RCW.
[ 2015 c 228 s 22; 2003 c 53 s 255; 1987 c 244 s 39.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Alteration or forgery of credential—Penalty.


title: RCW 46.87.280

text:
This chapter does not require any vehicle to be proportionally registered if it is otherwise properly registered for operation on the highways of this state.
[ 2015 c 228 s 23; 1987 c 244 s 41.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Effect of other registration.


title: RCW 46.87.290

text:
(1) If the department determines at any time that an applicant for proportional registration of a vehicle or vehicles is not entitled to credentials, the department may refuse to issue credentials for the vehicle or vehicles and, after notice, cancel any existing credentials. The department must send the notice of cancellation by first-class mail, addressed to the owner of the vehicle or vehicles at the owner's address as it appears in the proportional registration records of the department. It is unlawful for any person to drive or operate the vehicle(s) until proper credentials have been issued.
(2) Any person driving or operating the vehicle(s) after the refusal of the department to issue credentials or the suspension, revocation, or cancellation of the credentials is guilty of a gross misdemeanor.
(3) A vehicle that has been driven or operated in violation of this section may be impounded by the Washington state patrol, county sheriff, or city police in a manner directed for such cases by the chief of the Washington state patrol until proper credentials have been issued.
[ 2015 c 228 s 24; 2003 c 53 s 256; 1997 c 183 s 6; 1987 c 244 s 42.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Refusal, cancellation of credentials—Procedures, penalties.


title: RCW 46.87.294

text:
The department must refuse to register a vehicle if the registrant or motor carrier responsible for the safety of the vehicle has been prohibited from operating by the federal motor carrier safety administration. The department may not register a vehicle if the Washington state patrol has placed an out-of-service order on the vehicle's department of transportation number, as defined in RCW 46.16A.010.
[ 2015 c 228 s 25; 2011 c 171 s 100; 2007 c 419 s 15; 2003 c 85 s 3.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Findings—Short title—2007 c 419: See notes following RCW 46.16A.010.

catchline: Refusal under federal prohibition, placement of out-of-service order.


title: RCW 46.87.296

text:
The department must suspend or revoke the credentials of a vehicle if the registrant or motor carrier responsible for the safety of the vehicle has been prohibited from operating by the federal motor carrier safety administration. The department may not register a vehicle if the Washington state patrol has placed an out-of-service order on the vehicle's department of transportation number, as defined in RCW 46.16A.010.
[ 2015 c 228 s 26; 2011 c 171 s 101; 2007 c 419 s 16; 2003 c 85 s 4.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Findings—Short title—2007 c 419: See notes following RCW 46.16A.010.

catchline: Suspension, revocation under federal prohibition—Placement of out-of-service order.


title: RCW 46.87.300

text:
The suspension, revocation, cancellation, or refusal by the director, or the director's designee, of the credentials issued under this chapter is conclusive unless the person whose credentials are suspended, revoked, canceled, or refused appeals to the superior court of Thurston county, or at the person's option if a resident of Washington, to the superior court of his or her county of residence, for the purpose of having the suspension, revocation, cancellation, or refusal of the credentials set aside. Notice of appeal must be filed within ten calendar days after service of the notice of suspension, revocation, cancellation, or refusal. Upon the filing of the appeal, the court must issue an order to the director to show cause why the credentials should not be granted or reinstated. The director must respond to the order within ten days after the date of service of the order upon the director. Service must be in the manner prescribed for service of summons and complaint in other civil actions. Upon the hearing on the order to show cause, the court must hear evidence concerning matters related to the suspension, revocation, cancellation, or refusal of the credentials and enter judgment either affirming or setting aside the suspension, revocation, cancellation, or refusal.
[ 2015 c 228 s 27; 1987 c 244 s 43.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Appeal of suspension, revocation, cancellation, refusal.


title: RCW 46.87.310

text:
An owner must preserve the records on which the owner's application for apportioned registration is based for a period of three years following the close of the registration year. The owner must make records available to the department for audit as to the accuracy and adequacy of records, computations, and payments at a location designated by the department. The department must assess and collect any unpaid fees and taxes due affected jurisdictions and provide credits for any overpayments of apportionable fees and taxes to the jurisdictions affected. If the records produced by the owner for the audit fail to meet the criteria for adequate records, or are not produced within thirty calendar days after a written request by the department, the department must impose on the owner an assessment in the amount of twenty percent of the total apportionable fees paid or found due because of appropriate adjustment for the registration of the fleet in the registration year to which records pertain. In the instance of a second offense, the department must impose upon the owner an assessment in the amount of fifty percent of the total apportionable fees paid or found due because of appropriate adjustment for the registration of the fleet in the registration year to which records pertain. In the instance of a third or any subsequent offense, the department must impose upon the owner an assessment in the amount of one hundred percent of the total apportionable fees paid or found due because of appropriate adjustment for the registration of the fleet in the registration year to which records pertain. The department must distribute the amount of assessments it collects under this section on a pro rata basis to the other jurisdictions in which the fleet was registered or required to be registered.
If the owner fails to maintain complete records as required under this section, the department may attempt to reconstruct or reestablish such records.
The department may conduct joint audits of any owner with other jurisdictions. An assessment for deficiency or claim for credit may not be made for any period for which records are no longer required. Any fees, taxes, penalties, or interest due and owing the state upon audit bear interest at the rate of one percent per month, or fraction thereof, from the first day of the calendar month after the amount should have been paid until the date of payment. If the audit discloses a deliberate and willful intent to evade the requirements of payment under RCW 46.87.140, a penalty of ten percent of the amount owed, in addition to any other assessments authorized under this chapter, must be assessed.
If the audit discloses that an overpayment in excess of ten dollars has been made, the department must refund the overpayment to the owner. Overpayments must bear interest at the rate of eight percent per annum from the date on which the overpayment was incurred until the date of payment.
[ 2015 c 228 s 28; 1996 c 91 s 2; 1993 c 307 s 15; 1987 c 244 s 44.]
Notes:
Effective date—2015 c 228 ss 28, 39, 40, and 41: "Sections 28 and 39 through 41 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2015." [ 2015 c 228 s 43.]
Effective date—1996 c 91: See note following RCW 46.87.150.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Application records—Preservation, audit—Additional assessments, penalties, refunds.


title: RCW 46.87.320

text:
The department may initiate and conduct audits and investigations to establish the existence of any alleged violations of or noncompliance with this chapter or any rules adopted under it.
For the purpose of any audit, investigation, or proceeding under this chapter, the director or any designee of the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, paper, correspondence, memoranda, agreements, or other documents or records that the department deems relevant or material to the inquiry.
In case of contumacy or refusal to obey a subpoena issued to any person, any court of competent jurisdiction may issue an order requiring that person to appear before the director or the officer designated by the director to produce testimony or other evidence touching the matter under audit, investigation, or in question. Failure to obey an order of the court may be punishable by contempt.
[ 2015 c 228 s 29; 1987 c 244 s 45.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.


title: RCW 46.87.330

text:
An owner of vehicles against whom an assessment is made under RCW 46.87.310 may petition for reassessment within thirty days after service of notice of the assessment upon the owner. If the petition is not filed within the thirty-day period, the amount of the assessment becomes final.
If a petition for reassessment is filed within the thirty-day period, the department must reconsider the assessment and, if the petitioner has requested in the petition, grant the petitioner an oral hearing and give the petitioner ten days notice of the time and place of the hearing. The department may continue the hearing from time to time. The decision of the department upon a petition for reassessment becomes final thirty days after service upon the petitioner of notice of the decision.
Every assessment made under RCW 46.87.310 becomes due and payable at the time it is served on the owner. If the assessment is not paid in full when it becomes final, the department must add a penalty of ten percent of the amount of the assessment.
Any notice of assessment, reassessment, oral hearing, or decision required under this section must be served personally or by mail. If served by mail, service is deemed to have been accomplished on the date the notice was deposited in the United States mail and mailed to the owner's address as it appears in the proportional registration records of the department.
An injunction or writ of mandate or other legal or equitable process may not be issued in any suit, action, or proceeding in any court against any officer of the state to prevent or enjoin the collection under this chapter of any fee or tax or any amount of fee or tax required to be collected, except as specifically provided for in chapter 34.05 RCW.
[ 2015 c 228 s 30; 1996 c 91 s 3; 1987 c 244 s 46.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date—1996 c 91: See note following RCW 46.87.150.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Assessments—When due, penalties—Reassessment—Petition, notice, service—Injunctions, writs of mandate restricted.


title: RCW 46.87.335

text:
Except in the case of violations of filing a false or fraudulent application, if the department deems mitigation of penalties, fees, and interest to be reasonable, it may mitigate such assessments giving consideration to the degree and extent of the lack of records and reporting errors. The department may ascertain the facts regarding recordkeeping and payment penalties in lieu of more elaborate proceedings under this chapter.
[ 2015 c 228 s 31; 1994 c 262 s 15; 1991 c 339 s 5.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.

catchline: Mitigation of assessments.


title: RCW 46.87.340

text:
(1) If a person liable for the payment of fees and taxes fails to pay the amount, including any interest and penalty, together with costs incurred, there must be a lien in favor of the state upon all franchises, property, and rights to property, whether real or personal, belonging to or acquired, whether the property is employed by such person for personal or business use or is in the control of a trustee, receiver, or assignee. The lien is effective from the date fees and taxes were due and payable until the amount is satisfied. The lien has priority over any lien or encumbrance except liens of other fees and taxes having priority by law.
(2) The department must file with any county auditor or other agent a statement of claim and lien specifying the amount of delinquent fees, taxes, penalties, and interest owed.
[ 2015 c 228 s 32; 1993 c 307 s 16; 1987 c 244 s 47.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Assessments—Lien for nonpayment.


title: RCW 46.87.350

text:
If a person is delinquent in the payment of any obligation, the department may give notice of the amount of the delinquency, in person, by mail, or through electronic service, to persons having possession or control of credits or personal and real property belonging to the person, or owing any debts to the person. Any person notified may not transfer or dispose of credits, personal and real property, or debts without the consent of the department. A person notified must, within 20 days after receipt of the notice, advise the department of any credits, personal and real property, or debts in his or her possession, under his or her control or owing by him or her, and must immediately deliver the credits, personal and real property, or debts to the department.
If a person fails to timely answer the notice, a court may render judgment by default against the person.
The notice and order to withhold and deliver constitutes a continuing lien on property of the person. The department must include in the notice to withhold and deliver "continuing lien." The effective date of a notice to withhold and deliver is the date of service.
[ 2024 c 1 s 3; 2015 c 228 s 33; 1994 c 262 s 16; 1987 c 244 s 48.]
Notes:
Effective date—2024 c 1: See note following RCW 46.87.020.
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Delinquent obligations—Notice—Restriction on credits or property—Default judgments—Lien.


title: RCW 46.87.360

text:
If a person is delinquent in the payment of any obligation, and the delinquency continues after notice and demand for payment, the department must collect the amount due. The department must seize any property subject to the lien of the fees, taxes, penalties, and interest and sell it at public auction. Notice of the intended sale and its time and place must be given to the person and to all persons with an interest in the property. The notice must be published at least ten days before the date set for the sale in a newspaper of general circulation published in the county in which the property will be sold. If there is no newspaper of general circulation in the county, the notice must be posted in three public places in the county for a period of ten days. The notice must contain a description of the property, a statement of the amount due, the name of the person, and a statement that unless the amount due is paid on or before the time in the notice the property will be sold.
The department must sell the property and deliver to the purchaser a bill of sale or deed. If the moneys received exceed the amount due from the person, the excess must be returned to the person with a receipt. If any person having an interest in or lien upon the property has filed notice with the department before the sale, the department must withhold payment of any excess to the person pending determination of the rights of the respective parties by a court of competent jurisdiction. If the receipt of the person is not available, the department must deposit the excess with the state treasurer as trustee for the person or his or her heirs, successors, or assigns.
[ 2015 c 228 s 34; 2010 c 8 s 9101; 1987 c 244 s 49.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Delinquent obligations—Collection by department—Seizure of property, notice, sale.


title: RCW 46.87.370

text:
When an assessment becomes final, the department may file with the clerk of any county within the state a warrant in the amount of fees, taxes, penalties, interest, and a filing fee under RCW 36.18.012(10). The warrant constitutes a lien upon the title to, and interest in, all real and personal property of the person against whom the warrant is issued. The warrant is sufficient to support the issuance of writs of execution and writs of garnishment in favor of the state.
[ 2015 c 228 s 35; 2001 c 146 s 6; 1987 c 244 s 50.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Warrant for final assessments—Lien on property.


title: RCW 46.87.390

text:
The remedies of the state in this chapter are cumulative, and no action taken by the department may be construed to be an election on the part of the state or any of its officers to pursue any remedy under this chapter to the exclusion of any other remedy provided for in this chapter.
[ 1987 c 244 s 52.]
Notes:
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Remedies cumulative.


title: RCW 46.87.400

text:
(1) The director, the state of Washington, and its political subdivisions are immune from civil liability arising from the issuance of a vehicle license to a nonroadworthy vehicle.
(2) No suit or action may be commenced or prosecuted against the director or the state of Washington by reason of any act done or omitted to be done in the administration of the duties and responsibilities imposed upon the director under this chapter.
[ 1987 c 244 s 53.]
Notes:
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Civil immunity.


title: RCW 46.87.410

text:
A licensee who files a petition in bankruptcy, or against whom a petition for bankruptcy is filed, must notify the department within ten days of the filing, including the name and location of the court in which [the] petition is filed.
[ 2015 c 228 s 36; 1997 c 183 s 1.]
Notes:
Effective date—2015 c 228: See note following RCW 46.87.010.

catchline: Bankruptcy proceedings—Notice.


title: RCW 46.87.910

text:
This chapter may be known and cited as "Proportional Registration."
[ 1987 c 244 s 54.]
Notes:
Effective dates—1987 c 244: See note following RCW 46.87.010.

catchline: Short title.


title: RCW 46.90.005

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

catchline: Purpose.


title: RCW 46.90.010

text:
In consultation with the chief of the Washington state patrol and the traffic safety commission, the director shall adopt in accordance with chapter 34.05 RCW a model traffic ordinance for use by any city, town, or county. The addition of any new section to, or amendment or repeal of any section in, the model traffic ordinance is deemed to amend any city, town, or county, ordinance which has adopted by reference the model traffic ordinance or any part thereof, and it shall not be necessary for the legislative authority of any city, town, or county to take any action with respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180, 35A.12.140, 35A.13.180, and 36.32.120(7).
[ 1993 c 400 s 2; 1975 1st ex.s. c 54 s 2.]
Notes:
Effective dates—1993 c 400: See note following RCW 46.90.005.

catchline: Adoption of model traffic ordinance—Amendments.


title: RCW 46.92.010

text:
(1) In order to test an autonomous motor vehicle on any public roadway under the department's autonomous vehicle self-certification testing pilot program, the following information must be provided by the self-certifying entity testing the autonomous motor vehicle:
(a) Contact information specified by the department;
(b) Local jurisdictions where testing is planned;
(c) The vehicle identification numbers of the autonomous vehicles being tested, provided that one is required by state or federal law; and
(d) Proof of an insurance policy that meets the requirements of RCW 46.30.050.
(2) Any autonomous motor vehicle to which subsection (1) of this section is applicable and that does not have a vehicle identification number and is not otherwise required under state or federal law to have a vehicle identification number assigned to it must be assigned a unique identification number that is provided to the department and that is displayed in the vehicle in a manner similar to the display of vehicle identification numbers in motor vehicles.
(3)(a) The self-certifying entity testing the autonomous motor vehicle on any public roadway must notify the department of:
(i) Any collisions that are required to be reported to law enforcement under RCW 46.52.030, involving an autonomous motor vehicle during testing on any public roadway; and
(ii) Any moving violations, as defined in administrative rule as authorized under RCW 46.20.2891, for which a citation or infraction was issued, involving an autonomous motor vehicle during testing on any public roadway.
(b) By February 1st of each year, the self-certifying entity must submit a report to the department covering reportable events from the prior calendar year.
(c) The self-certifying entity shall provide the information required by the department under (a) of this subsection. The information provided must include whether the autonomous driving system was operating the vehicle at the time of or immediately prior to the collision or moving violation, and in the case of a collision, details regarding the collision, including any loss of life, injury, or property damage that resulted from the collision.
(d) The provisions of this section are supplemental to all other rights and duties under law applicable in the event of a motor vehicle collision.
(4) The self-certifying entity testing the autonomous motor vehicle on public roadways under the department's autonomous vehicle self-certification testing pilot program must provide written notice in advance of testing to local and state law enforcement agencies with jurisdiction over any of the public roadways on which testing will occur that includes the expected period of time during which testing will occur in the applicable jurisdictions, including city police departments within city limits where testing will occur, county sheriff departments outside of city limits in counties where testing will occur, and the Washington state patrol when testing will occur on limited access highways, as defined in RCW 47.52.010. However, for testing primarily on limited access highways that travels through multiple local jurisdictions, which may include the limited incidental use of other roadways, the self-certifying entity must only provide written notice as specified in this subsection to the Washington state patrol. Written notice provided under this subsection must: (a) Be provided not less than fourteen and not more than sixty days in advance of testing; (b) include contact information where the law enforcement agency can communicate with the self-certifying entity testing the autonomous vehicle regarding the testing planned in that jurisdiction; and (c) provide the physical description of the motor vehicle or vehicles being tested, including make, model, color, and license plate number.
(5) The department may adopt a fee to be charged by the department for self-certification in an amount sufficient to offset administration by the department of the self-certification testing pilot program.
(6) The department shall provide public access to the information self-certifying entities provide to it, and shall provide an annual report to the house and senate transportation committees of the legislature summarizing the information reported by self-certifying entities under this section.
(7) An autonomous motor vehicle may not be operated on any public roadway for the purposes of testing in Washington state until the department is provided with the information required under subsection (1) of this section.
(8) For purposes of this section, "autonomous" means a level four or five driving automation system as provided in the society of automotive engineering international's standard J3016, as it existed on October 1, 2022, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
[ 2021 c 193 s 1; 2020 c 182 s 2.]
Notes:
Effective date—2021 c 193 s 1: "Section 1 of this act takes effect October 1, 2022." [ 2021 c 193 s 3.]
Effective date—2021 c 193; 2020 c 182 s 2: "Section 2 of this act takes effect October 1, 2022." [ 2021 c 193 s 4; 2020 c 182 s 4.]

catchline: Testing—Self-certification pilot program—Information to be provided—Unique identification number—Notice—Fee—Public access—Operation.


title: RCW 46.93.010

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

catchline: Findings—Intent.


title: RCW 46.93.020

text:
The definitions in this section apply throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Designated successor" means:
(a) The spouse, biological or adopted child, grandchild, parent, brother, or sister of the owner of a new motorsports vehicle dealership who, in the case of the owner's death, is entitled to inherit the ownership interest in the new motorsports vehicle dealership under the terms of the owner's will or similar document, and if there is no such will or similar document, then under applicable intestate laws;
(b) A qualified person experienced in the business of a new motorsports vehicle dealer who has been nominated by the owner of a new motorsports vehicle dealership as the successor in a written, notarized, and witnessed instrument submitted to the manufacturer; or
(c) In the case of an incapacitated owner of a new motorsports vehicle dealership, the person who has been appointed by a court as the legal representative of the incapacitated owner's property.
(3) "Director" means the director of the department of licensing.
(4) "Franchise" means one or more agreements, whether oral or written, between a manufacturer and a new motorsports vehicle dealer, under which the new motorsports vehicle dealer is authorized to sell, service, and repair new motorsports vehicles, parts, and accessories under a common name, trade name, trademark, or service mark of the manufacturer.
"Franchise" includes an oral or written contract and includes a dealer agreement, either expressed or implied, between a manufacturer and a new motorsports vehicle dealer that purports to fix the legal rights and liabilities between the parties and under which (a) the dealer is granted the right to purchase and resell motorsports vehicles manufactured, distributed, or imported by the manufacturer; (b) the dealer's business is associated with the trademark, trade name, commercial symbol, or advertisement designating the franchisor or the products distributed by the manufacturer; and (c) the dealer's business relies on the manufacturer for a continued supply of motorsports vehicles, parts, and accessories.
(5) "Good faith" means honesty in fact and fair dealing in the trade as defined and interpreted in *RCW 62A.2-103.
(6) "Manufacturer" means a person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motorsports vehicles or remanufactures motorsports vehicles in whole or in part and further includes the terms:
(a) "Distributor," which means a person, firm, association, corporation, or trust, resident or nonresident, who in whole or in part offers for sale, sells, or distributes new and unused motorsports vehicles to vehicle dealers or who maintains factory representatives.
(b) "Factory branch," which means a branch office maintained by a manufacturer for the purpose of selling or offering for sale, motorsports vehicles to a distributor, wholesaler, or vehicle dealer, or for directing or supervising in whole or in part factory or distributor representatives, and further includes a sales promotion organization, whether a person, firm, or corporation, that is engaged in promoting the sale of new and unused motorsports vehicles in this state of a particular brand or make to vehicle dealers.
(c) "Factory representative," which means a representative employed by a manufacturer, distributor, or factory branch for the purpose of making or promoting for the sale of their motorsports vehicles or for supervising or contracting with their dealers or prospective dealers.
(7) "Motorsports vehicle" means a motorcycle as defined in RCW 46.04.330; a moped as defined in RCW 46.04.304; a motor-driven cycle as defined in RCW 46.04.332; a personal watercraft as defined in RCW 79A.60.010; a snowmobile as defined in RCW 46.04.546; a four-wheel, all-terrain vehicle; and any other motorsports vehicle defined under RCW 46.93.200 by the department that is otherwise not subject to chapter 46.96 RCW.
(8) "New motorsports vehicle dealer" or "dealer" means a person engaged in the business of buying, selling, exchanging, or otherwise dealing in new motorsports vehicles or new and used motorsports vehicles at an established place of business under a franchise, sales and service agreement, or any other contract with a manufacturer of any one or more types of new motorsports vehicles. The term does not include a miscellaneous vehicle dealer as defined in RCW 46.70.011.
(9) "Owner" means a person holding an ownership interest in the business entity operating as a new motorsports vehicle dealer and who is the designated dealer in the new motorsports vehicle franchise agreement.
(10) "Person" means a natural person, partnership, stock company, corporation, trust, agency, or any other legal entity, as well as any individual officers, directors, or other persons in active control of the activities of the entity.
(11) "Place of business" means a permanent, enclosed commercial building, situated within this state, and the real property on which it is located, at which the business of a motorsports vehicle dealer, including the display and repair of motorsports vehicles, may be lawfully conducted in accordance with the terms of all applicable laws and at which the public may contact the motorsports vehicle dealer and employees at all reasonable times.
(12) "Relevant market area" is defined as follows:
(a) If the population in the county in which the existing, proposed new, or relocated dealership is located or is to be located is four hundred thousand or more, the relevant market area is the geographic area within the radius of ten miles around the existing, proposed new, or relocated place of business for the dealership;
(b) If the population in the county in which the existing, proposed new, or relocated dealership is to be located is two hundred thousand or more and less than four hundred thousand, the relevant market area is the geographic area within a radius of twelve miles around the existing, proposed new, or relocated place of business for the dealership;
(c) If the population in the county in which the existing, proposed new, or relocated dealership is to be located is less than two hundred thousand, the relevant market area is the geographic area within a radius of twenty miles around the existing, proposed new, or relocated place of business for the dealership;
(d) In determining population for this definition, the most recent census by the United States Bureau of Census or the most recent population update, either from the National Planning Data Corporation or other similar recognized source, will be accumulated for all census tracts either wholly or partially within the relevant market area.
[ 2011 c 171 s 102; 2003 c 354 s 2.]
Notes:
Reviser's note: *(1) RCW 62A.2-103 was amended by 2012 c 214 s 801, deleting the definition of "good faith."
(2) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.

catchline: Definitions.


title: RCW 46.93.030

text:
Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, no manufacturer may terminate, cancel, or fail to renew a franchise with a new motorsports vehicle dealer, unless the manufacturer has complied with the notice requirements of RCW 46.93.070 and an administrative law judge has determined, if requested in writing by the dealer within forty-five days of receiving a notice from a manufacturer, after hearing, that there is good cause for the termination, cancellation, or nonrenewal of the franchise and that the manufacturer has acted in good faith regarding the termination, cancellation, or nonrenewal.
[ 2003 c 354 s 3.]

catchline: Termination, cancellation, nonrenewal of franchise restricted.


title: RCW 46.93.040

text:
A new motorsports vehicle dealer who has received written notification from the manufacturer of the manufacturer's intent to terminate, cancel, or not renew the franchise, may file a petition with the department for a determination as to the existence of good cause and good faith for the termination, cancellation, or nonrenewal of a franchise. The petition must contain a short statement setting forth the reasons for the dealer's objection to the termination, cancellation, or nonrenewal of the franchise. Upon the filing of the petition and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely petition has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The franchise in question continues in full force and effect pending the administrative law judge's decision. If the decision of the administrative law judge terminating, canceling, or failing to renew a dealer's franchise is appealed by a dealer or manufacturer, the franchise continues in full force and effect until all appeals to a superior court or any appellate court have been completed. Nothing in this section precludes a manufacturer or dealer from petitioning the superior court for a stay or other relief pending judicial review.
[ 2003 c 354 s 4.]

catchline: Determination of good cause, good faith—Petition, notice, decision, appeal.


title: RCW 46.93.050

text:
(1) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible, but in any event not later than one hundred eighty days after a petition is filed. If the termination, cancellation, or nonrenewal is under RCW 46.93.070(2), the administrative law judge shall give the proceeding priority consideration and shall render a final decision not later than sixty days after a petition is filed.
(2) The administrative law judge shall conduct the hearing as an adjudicative proceeding in accordance with the procedures provided for in the Administrative Procedure Act, chapter 34.05 RCW. The administrative law judge shall render the final decision and shall enter a final order. Except as otherwise provided in RCW 34.05.446 and 34.05.449, all hearing costs must be borne on an equal basis by the parties to the hearing.
(3) A party to a hearing under this chapter may be represented by counsel. A party to a hearing aggrieved by the final order of the administrative law judge concerning the termination, cancellation, or nonrenewal of a franchise may seek judicial review of the order in the superior court or appellate court in the manner provided for in RCW 34.05.510 through 34.05.598. A petitioner for judicial review need not exhaust all administrative appeals or administrative review processes as a prerequisite for seeking judicial review under this section.
[ 2003 c 354 s 5.]

catchline: Determination of good cause, good faith—Hearing, decision, procedures—Judicial review.


title: RCW 46.93.060

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

catchline: Good cause, what constitutes—Burden of proof.


title: RCW 46.93.070

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

catchline: Notice of termination, cancellation, or nonrenewal.


title: RCW 46.93.080

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

catchline: Payments by manufacturer to dealer for inventory, equipment, etc.


title: RCW 46.93.090

text:
RCW 46.93.030 through 46.93.080 do not relieve a dealer from the obligation to mitigate the dealer's damages upon termination, cancellation, or nonrenewal of the franchise.
[ 2003 c 354 s 9.]

catchline: Mitigation of damages.


title: RCW 46.93.100

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

catchline: Warranty work.


title: RCW 46.93.110

text:
(1) Notwithstanding the terms of a franchise, an owner may appoint a designated successor to succeed to the ownership of the dealer franchise upon the owner's death or incapacity.
(2) Notwithstanding the terms of a franchise, a designated successor of a deceased or incapacitated owner of a dealer franchise may succeed to the ownership interest of the owner under the existing franchise, if:
(a) In the case of a designated successor who meets the definition of a designated successor under *RCW 46.93.020(5), but who is not experienced in the business of a new motorsports vehicle dealer, the person will employ an individual who is qualified and experienced in the business of a new motorsports vehicle dealer to help manage the day-to-day operations of the dealership; or in the case of a designated successor who meets the definition of a designated successor under *RCW 46.93.020(5) (b) or (c), the person is qualified and experienced in the business of a new motorsports vehicle dealer and meets the normal, reasonable, and uniformly applied standards for grant of an application as a dealer by the manufacturer; and
(b) The designated successor furnishes written notice to the manufacturer of his or her intention to succeed to the ownership of the dealership within sixty days after the owner's death or incapacity; and
(c) The designated successor agrees to be bound by all terms and conditions of the franchise.
(3) The manufacturer may request, and the designated successor shall promptly provide, such personal and financial information as is reasonably necessary to determine whether the succession should be honored.
(4) A manufacturer may refuse to honor the succession to the ownership of a dealer franchise by a designated successor if the manufacturer establishes that good cause exists for its refusal to honor the succession. If the designated successor of a deceased or incapacitated owner of a dealer franchise fails to meet the requirements set forth in subsection (2)(a), (b), and (c) of this section, good cause for refusing to honor the succession is presumed to exist. If a manufacturer believes that good cause exists for refusing to honor the succession to the ownership of a dealer franchise by a designated successor, the manufacturer shall serve written notice on the designated successor and on the department of its refusal to honor the succession no earlier than sixty days from the date the notice is served. The notice must be served not later than sixty days after the manufacturer's receipt of:
(a) Notice of the designated successor's intent to succeed to the ownership interest of the dealer's franchise; or
(b) Any personal or financial information requested by the manufacturer.
(5) The notice in subsection (4) of this section must state the specific grounds for the refusal to honor the succession. If the notice of refusal is not timely and properly served, the designated successor may continue the franchise in full force and effect, subject to termination only as otherwise provided under this chapter.
(6) Within twenty days after receipt of the notice, or within twenty days after the end of any appeal procedure provided by the manufacturer, whichever is greater, the designated successor may file a petition with the department protesting the refusal to honor the succession. The petition must contain a short statement setting forth the reasons for the designated successor's protest. Upon the filing of a protest and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely protest has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The manufacturer may not terminate or otherwise discontinue the existing franchise until the administrative law judge has held a hearing and has determined that there is good cause for refusing to honor the succession. If an appeal is taken, the manufacturer may not terminate or discontinue the franchise until all appeals to a superior court or any appellate court have been completed. Nothing in this section precludes a manufacturer or dealer from petitioning the superior court for a stay or other relief pending judicial review.
(7) The manufacturer has the burden of proof to show that good cause exists for the refusal to honor the succession.
(8) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible, but in any event not later than one hundred eighty days after a protest is filed.
(9) The administrative law judge shall conduct a hearing concerning the refusal to the succession as provided in RCW 46.93.050(2), and all hearing costs must be borne as provided in that subsection. A party to such a hearing aggrieved by the final order of the administrative law judge may appeal as provided and allowed in RCW 46.93.050(3).
(10) This section does not preclude the owner of a dealer franchise from designating any person as his or her successor by a written, notarized, and witnessed instrument filed with the manufacturer. In the event of a conflict between this section and such a written instrument that has not been revoked by written notice from the owner to the manufacturer, the written instrument governs.
[ 2003 c 354 s 11.]
Notes:
*Reviser's note: RCW 46.93.020 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (5) to subsection (2).

catchline: Designated successor to franchise ownership.


title: RCW 46.93.120

text:
Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, if a manufacturer intends or proposes to enter into a franchise to establish an additional dealer or to relocate an existing dealer within or into a relevant market area in which the same line make of motorsports vehicle is then represented, the manufacturer shall provide at least ten days advance written notice to the department and to each dealer of the same line make in the relevant market area, of the manufacturer's intention to establish an additional dealer or to relocate an existing dealer within or into the relevant market area. The notice must be sent by certified mail to each such party and include the following information:
(1) The specific location at which the additional or relocated dealer will be established;
(2) The date on or after which the additional or relocated dealer intends to commence business at the proposed location;
(3) The identity of all dealers who are franchised to sell the same line make vehicles as the proposed dealer and who have licensed locations within the relevant market area;
(4) The names and addresses, if available, of the owners of and principal investors in the proposed additional or relocated dealership; and
(5) The specific grounds or reasons for the proposed establishment of an additional dealer or relocation of an existing dealer.
[ 2003 c 354 s 12.]

catchline: Relevant market area—New or relocated dealerships, notice of.


title: RCW 46.93.130

text:
(1) Within thirty days after receipt of the notice under RCW 46.93.120, or within thirty days after the end of an appeal procedure provided by the manufacturer, whichever is greater, a dealer notified or entitled to notice may file a petition with the department protesting the proposed establishment or relocation. The petition must contain a short statement setting forth the reasons for the dealer's objection to the proposed establishment or relocation. Upon the filing of a protest and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely protest has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The manufacturer may not establish or relocate the dealer until the administrative law judge has held a hearing and administrative proceeding under the Administrative Procedure Act, chapter 34.05 RCW, and has determined that there is good cause for permitting the proposed establishment or relocation. When more than one protest is filed against the establishment or relocation of the same dealer, the administrative law judge shall consolidate the hearings to expedite disposition of the matter.
(2) If a manufacturer provides in the franchise agreement or by written statement distributed and provided to its dealers for arbitration under the Washington Arbitration Act, *chapter 7.04 RCW, as a mechanism for resolving disputes relating to the establishment of an additional new motorsports vehicle dealer or the relocation of a new motorsports vehicle dealer, subsection (1) of this section and RCW 46.93.140 will take precedence and the arbitration provision in the franchise agreement or a written statement is void, unless the manufacturer and dealer agree to use arbitration.
(3) If the manufacturer and dealer agree to use arbitration, the dispute must be referred for arbitration to such arbitrator as may be agreed upon by the parties to the dispute. The thirty-day period for filing a protest under subsection (1) of this section still applies except the protesting dealer shall file the protest with the manufacturer. If the parties cannot agree upon a single arbitrator within thirty days from the date the protest is filed, the protesting dealer will select an arbitrator, the manufacturer will select an arbitrator, and the two arbitrators will then select a third arbitrator. If a third arbitrator is not agreed upon within thirty days, any party may apply to the superior court, and the judge of the superior court having jurisdiction will appoint the third arbitrator. The protesting dealer will pay the arbitrator selected by him or her, and the manufacturer will pay the arbitrator it selected. The expense of the third arbitrator and all other expenses of arbitration will be shared equally by the parties. Attorneys' fees and fees paid to expert witnesses are not expenses of arbitration and will be paid by the person incurring them.
(4) Notwithstanding the terms of a franchise or written statement of the manufacturer and notwithstanding the terms of a waiver, the arbitration will take place in this state in the county where the protesting dealer has its principal place of business. RCW 46.93.140 applies to a determination made by the arbitrator or arbitrators in determining whether good cause exists for permitting the proposed establishment or relocation of a dealer, and the manufacturer has the burden of proof to establish that good cause exists for permitting the proposed establishment or relocation. After a hearing has been held, the arbitrator or arbitrators shall render a decision as expeditiously as possible, but in any event not later than one hundred twenty days from the date the arbitrator or arbitrators are selected or appointed. The manufacturer may not establish or relocate the new motorsports vehicle dealer until the arbitration hearing has been held and the arbitrator or arbitrators have determined that there is good cause for permitting the proposed establishment or relocation and any judicial appeals under *chapter 7.04 RCW have been completed. The written decision of the arbitrator is binding upon the parties unless modified, corrected, or vacated under the Washington Arbitration Act. Any party may appeal the decision of the arbitrator or arbitrators under the Washington Arbitration Act, *chapter 7.04 RCW.
[ 2003 c 354 s 13.]
Notes:
*Reviser's note: Chapter 7.04 RCW was repealed in its entirety by 2005 c 433 s 50, effective January 1, 2006. Cf. chapter 7.04A RCW.

catchline: Protest of new or relocated dealership—Hearing—Arbitration.