Beta
RCW ch. 46.12
RCW ch. 46.12 — Revised Code of Washington Chapter 46.12 RCW — Certificates Of Title
Beta. Legal information, not legal advice. LEGALDIGM is not a law firm. Check the official source for the current text.
RCW 46.12.520 Certificate required to operate and sell vehicle—Manufacturer or dealer testing—Security interest, how perfected.
(1) A person shall not:
(a) Operate a vehicle in this state with a registration certificate issued by the department without having a certificate of title for the vehicle that contains the name of the registered owner exactly as it appears on the registration certificate; or
(b) Sell or transfer a vehicle without complying with the provisions of this chapter relating to certificates of title and vehicle registration.
(2) A certificate of title does not need to be obtained for a vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing and demonstration, or for a vehicle used by a manufacturer or dealer solely for testing. A security interest in a vehicle held as inventory by a manufacturer or dealer must be perfected as described in chapter 62A.9A RCW. An endorsement is not required on certificates of title held by a manufacturer or dealer to perfect the security interest. A certificate of title may be issued for any vehicle without the vehicle needing to be registered.
[ 2010 c 161 s 301; 1997 c 241 s 3; 1979 c 158 s 132; 1975 c 25 s 6; 1967 c 140 s 1; 1967 c 32 s 6; 1961 c 12 s 46.12.010. Prior: 1937 c 188 s 2; RRS s 6312-2. Formerly RCW 46.12.010.]
NOTES:
Effective date—
RCW 46.12.530 Application—Contents—Examination of vehicle.
(1) The application for a certificate of title of a vehicle must be made by the owner or owner's representative to the department, county auditor or other agent, or subagent appointed by the director on a form furnished or approved by the department and must contain:
(a) A description of the vehicle, including make, model, vehicle identification number, type of body, and the odometer reading at the time of delivery of the vehicle;
(b) The name and address of the person who is to be the registered owner of the vehicle and, if the vehicle is subject to a security interest, the name and address of the secured party; and
(c) Other information the department may require.
(2) The department may require additional information and a physical examination of the vehicle or of any class of vehicles, or either.
(3) The application for a certificate of title must be signed by the person applying to be the registered owner and be sworn to by that person in the manner described under chapter 5.50 RCW. The department shall keep the application in the original, computer, or photostatic form.
(4) The application for an original certificate of title must be accompanied by:
(a) A draft, money order, certified bank check, or cash for all fees and taxes due for the application for certificate of title; and
(b) The most recent certificate of title or other satisfactory evidence of ownership.
(5) Once issued, a certificate of title is not subject to renewal.
(6) Whenever any person, after applying for or receiving a certificate of title, moves from the address named in the application or in the certificate of title issued to him or her, or changes his or her name of record, the person shall, within ten days thereafter, notify the department of the name or address change as provided in RCW 46.08.195.
[ 2019 c 232 s 18; 2017 c 147 s 3; 2010 c 161 s 302; 2007 c 420 s 1; 2005 c 173 s 1; 2004 c 188 s 1; 2001 c 125 s 1. Prior: 1995 c 274 s 1; 1995 c 256 s 23; 1990 c 238 s 1; 1975 c 25 s 8; 1974 ex.s. c 128 s 1; 1972 ex.s. c 99 s 2; 1967 c 32 s 8; 1961 c 12 s 46.12.030; prior: 1947 c 164 s 1, part; 1937 c 188 s 3, part; Rem. Supp. 1947 s 6312-2, part. Formerly RCW 46.12.030.]
NOTES:
Effective date—
RCW 46.12.540 Issuance of certificates—Contents.
(1) The department shall issue an electronic record of ownership or a written certificate of title if the department is satisfied from the statements on the application that the applicant is the legal owner of the vehicle or otherwise entitled to have a certificate of title in the applicant's name.
(2) Each certificate of title issued by the department must contain:
(a) The date of application;
(b) The certificate of title number assigned to the vehicle;
(c) The name and address of the registered owner and legal owner;
(d) The vehicle identification number;
(e) The mileage reading, if required, as provided by the odometer disclosure statement submitted with the application involving a transfer of ownership;
(f) A notation that the recorded mileage is actual, not actual, or exceeds mechanical limits;
(g) A blank space on the face of the certificate of title for the signature of the registered owner;
(h) Information on whether the vehicle was ever registered and operated as an exempt vehicle or taxicab;
(i) A brand conspicuously shown across its front if indicating that the vehicle has been rebuilt after becoming a salvage vehicle;
(j) The director's signature and the seal of the department; and
(k) Any other description of the vehicle and facts the department may require.
(3) The department shall deliver the registration certificate to the registered owner and the certificate of title to the legal owner, or both to the person who is both the registered owner and legal owner.
[ 2010 c 161 s 305; 1996 c 26 s 2; 1993 c 307 s 1; 1990 c 238 s 3; 1975 c 25 s 9; 1967 c 32 s 9; 1961 c 12 s 46.12.050. Prior: 1959 c 166 s 1; 1947 c 164 s 2; 1937 c 188 s 4; Rem. Supp. 1947 s 6312-4. Formerly RCW 46.12.050.]
NOTES:
Effective date—
RCW 46.12.550 Refusal or cancellation of certificate—Notice—Penalty for subsequent operation—Appeals.
(1) The department may refuse to issue or may cancel a certificate of title at any time if the department determines that an applicant for a certificate of title is not entitled to a certificate of title. Notice of cancellation may be accomplished by sending a notice by first-class mail using the last known address in department records for the registered or legal owner or owners, and completing an affidavit of first-class mail. It is unlawful for any person to remove, drive, or operate the vehicle until a proper certificate of title has been issued. Any person removing, driving, or operating a vehicle after the refusal to issue or cancellation of the certificate of title is guilty of a gross misdemeanor.
(2)(a) The suspension of, revocation of, cancellation of, or refusal to issue a certificate of title or vehicle registration provided for in chapters 46.12 and 46.16A RCW by the director is conclusive unless the person whose registration or certificate is suspended, revoked, canceled, or refused appeals to the superior court of Thurston county or the person's county of residence.
(b) Notice of appeal must be filed within ten days after receipt of the notice of suspension, revocation, cancellation, or refusal. Upon the filing of the notice of appeal, the court shall issue an order to the director to show cause why the registration should not be granted or reinstated and return the order not less than ten days after the date of service of the notice to the director. Service must be in the manner as prescribed for the service of a summons and complaint in other civil actions.
(c) Upon the hearing on the order to show cause, the court shall hear evidence concerning matters with reference to the suspension, revocation, cancellation, or refusal of the registration or certificate and enter judgment either affirming or setting aside the suspension, revocation, cancellation, or refusal.
[ 2011 c 171 s 35; 2010 c 161 s 315; 1994 c 262 s 5; 1975 c 25 s 12; 1961 c 12 s 46.12.160. Prior: 1959 c 166 s 14; prior: 1947 c 164 s 4(g); 1937 c 188 s 6(g); Rem. Supp. 1947 s 6312-6(g). Formerly RCW 46.12.160.]
NOTES:
Intent—
RCW 46.12.555 Quick title—Application requirements—Limitation—Subagents.
(1) The application for a quick title of a vehicle must be submitted by the owner or the owner's representative to the department, participating county auditor or other agent, or subagent appointed by the director on a form furnished or approved by the department and must contain:
(a) A description of the vehicle, including make, model, vehicle identification number, type of body, and the odometer reading at the time of delivery of the vehicle, when required;
(b) The name and address of the person who is to be the registered owner of the vehicle and, if the vehicle is subject to a security interest, the name and address of the secured party; and
(c) Other information as may be required by the department.
(2) The application for a quick title must be signed by the person applying to be the registered owner and be sworn to by that person in the manner described under chapter 5.50 RCW. The department must keep a copy of the application.
(3) The application for a quick title must be accompanied by:
(a) All fees and taxes due for an application for a certificate of title, including a quick title service fee under RCW 46.17.160; and
(b) The most recent certificate of title or other satisfactory evidence of ownership.
(4) All applications for quick title must meet the requirements established by the department.
(5) For the purposes of this section, "quick title" means a certificate of title printed at the time of application.
(6) The quick title process authorized under this section may not be used to obtain the first title issued to a vehicle previously designated as a salvage vehicle as defined in RCW 46.04.514.
(7) A subagent may process a quick title under this section in accordance with rules adopted by the department.
[ 2019 c 232 s 19; 2014 c 12 s 1; 2011 c 326 s 1.]
NOTES:
Application—
RCW 46.12.560 Inspection by state patrol or other authorized inspector.
(1)(a) Except as provided in subsection (4) of this section, before accepting an application for a certificate of title, the department, county auditor or other agent, or subagent appointed by the director shall require an applicant to provide a certificate of vehicle inspection completed by the Washington state patrol or other authorized inspector if the vehicle:
(i) Was declared a total loss or salvage vehicle under the laws of this state;
(ii) Has been rebuilt after the certificate of title was returned to the department under RCW 46.12.600 and the vehicle was not kept by the registered owner at the time of the vehicle's destruction or declaration as a total loss; or
(iii) Is presented with documents from another state showing that the vehicle was a total loss or salvage vehicle and has not been reissued a valid registration certificate from that state after the declaration of total loss or salvage.
(b) A vehicle presented for inspection must have all damaged major component parts replaced or repaired to meet all requirements in law and rule before the Washington state patrol will inspect the vehicle. The inspection must verify that the vehicle identification number is genuine and agrees with the number shown on the certificate of title and registration certificate.
(c) A Washington state patrol vehicle identification number specialist must ensure that all major component parts used for the reconstruction of a salvage or rebuilt vehicle were obtained legally, and must securely attach a marking at the driver's door latch pillar indicating the vehicle was previously destroyed or declared a total loss. It is a class C felony for a person to remove the marking indicating that the vehicle was previously destroyed or declared a total loss.
(2) A person presenting a vehicle for inspection under subsection (1) of this section must provide original invoices for new and used parts from:
(a) A vendor that is registered with the department of revenue or a comparable agency in the jurisdiction where the major component parts were purchased for the collection of retail sales or use taxes. The invoices must include:
(i) The name and address of the business;
(ii) A description of the part or parts sold;
(iii) The date of sale; and
(iv) The amount of sale to include all taxes paid unless exempted by the department of revenue or a comparable agency in the jurisdiction where the major component parts were purchased;
(b) A vehicle wrecker licensed under chapter 46.80 RCW or a comparable business in the jurisdiction outside Washington state where the major component part was purchased; and
(c) Private individuals. The private individual must have the certificate of title to the vehicle where the parts were taken from unless the parts were obtained from a parts car owned by a collector. Bills of sale for parts must be notarized and include:
(i) The names and addresses of the sellers and purchasers;
(ii) A description of the vehicle and the part or parts being sold, including the make, model, year, and identification or serial number;
(iii) The date of sale; and
(iv) The purchase price of the vehicle part or parts.
(3) A person presenting a vehicle for inspection under this section who is unable to provide an acceptable release of interest or proof of ownership for a vehicle or major component part as described in this section shall apply for an ownership in doubt application described in RCW 46.12.680.
(4) All-terrain vehicles, wheeled all-terrain vehicles, and utility-type vehicles are exempt from the vehicle identification number inspection required in subsections (1) through (3) of this section.
(5)(a) Before accepting an application for a certificate of title, the department, county auditor or other agent, or subagent appointed by the director shall require an applicant to provide a certificate of vehicle inspection completed by the Washington state patrol or other authorized inspector when the application is for a vehicle being titled for the first time as:
(i) Assembled;
(ii) Glider kit;
(iii) Homemade;
(iv) Kit vehicle;
(v) Street rod vehicle;
(vi) Custom vehicle; or
(vii) Subject to ownership in doubt under RCW 46.12.680.
(b) The inspection must verify that the vehicle identification number is genuine and agrees with the number shown on the certificate of title and registration certificate.
(6)(a) Before accepting an application for a certificate of title, the department, county auditor or other agent, or subagent appointed by the director shall require an applicant to provide a certificate of vehicle inspection completed by the Washington state patrol when the application is for a vehicle with a vehicle identification number that has been:
(i) Altered;
(ii) Defaced;
(iii) Obliterated;
(iv) Omitted;
(v) Removed; or
(vi) Otherwise absent.
(b) The application must include payment of the fee required in RCW 46.17.135.
(c) The Washington state patrol shall assign a new vehicle identification number to the vehicle and place or stamp the new number in a conspicuous position on the vehicle.
(d) The department shall use the new vehicle identification number assigned by the Washington state patrol as the official vehicle identification number assigned to the vehicle.
(7) The department may adopt rules as necessary to implement this section.
(8) Nothing in this section creates a requirement for the Washington state patrol to inspect attached catalytic converters as major component parts.
[ 2025 c 10 s 1; 2024 c 301 s 22; 2011 c 114 s 7; 2010 c 161 s 303.]
NOTES:
Effective date—
RCW 46.12.570 Stolen vehicle check.
The department shall institute software and systems modifications to enable a WACIC/NCIC stolen vehicle search of out-of-state vehicles as part of the application for a certificate of title transaction. During the stolen vehicle search, if the information obtained indicates the vehicle is stolen, the department shall immediately report that the vehicle is stolen to the Washington state patrol and the applicant must not be issued a certificate of title for the vehicle. Vehicles for which the stolen vehicle check is negative must be issued a certificate of title if the department is satisfied that all other requirements have been met.
[ 2010 c 161 s 304; 2002 c 246 s 1; 2001 c 125 s 3. Formerly RCW 46.12.047.]
NOTES:
Effective date—
RCW 46.12.580 Duplicate for lost, stolen, mutilated, etc. certificate.
A legal owner or the legal owner's authorized representative may apply for a duplicate certificate of title if a certificate of title is lost, stolen, mutilated, or destroyed, or becomes illegible. The application for a duplicate certificate of title must include information required by the department and be accompanied by the fee required in RCW 46.17.100. The duplicate certificate of title must contain the word, "duplicate." It must be provided to the first priority secured party named in it or, if none, to the legal owner.
A person recovering a certificate of title for which a duplicate has been issued shall promptly return the certificate of title that has been recovered to the department.
[ 2010 c 161 s 317; 2002 c 352 s 6; 1997 c 241 s 7; 1994 c 262 s 7; 1990 c 250 s 31; 1969 ex.s. c 170 s 1; 1967 c 140 s 8. Formerly RCW 46.12.181.]
NOTES:
Effective date—
RCW 46.12.590 Procedure on installation of new or different motor—Penalty.
(1) A person shall apply for a new certificate of title for any motor vehicle registered by its motor number when:
(a) A new or different motor has been installed; and
(b) The most recent certificate of title issued for the motor vehicle has recorded on it the previous motor number.
(2) The application for a new certificate of title required in subsection (1) of this section must:
(a) Be made within five days after installation of the new motor;
(b) Be made by the owner or owner's authorized representative to the department, county auditor or other agent, or subagent;
(c) Require the most recent certificate of title to be returned to the department;
(d) Include a statement of the disposition of the former motor; and
(e) Include the fee required under RCW 46.17.100 in addition to any other fee or tax required by law.
(3) A person who possesses a certificate of title that shows the previous motor number for a motor vehicle in which a new or different motor has been installed, after five days following the installation of the new motor, is in violation of this chapter. A violation of this section constitutes a misdemeanor.
[ 2010 c 161 s 307; 2002 c 352 s 4; 1997 c 241 s 4; 1979 ex.s. c 113 s 1; 1961 c 12 s 46.12.080. Prior: 1959 c 166 s 5; prior: 1951 c 269 s 3; 1947 c 164 s 3(c); 1939 c 182 s 1(c); 1937 c 188 s 5(c); Rem. Supp. 1947 s 6312-5(c). Formerly RCW 46.12.080.]
NOTES:
Effective date—
RCW 46.12.600 Destruction of vehicle—Surrender of certificate, penalty—Report of settlement by insurance company—Market value threshold.
(1)(a) The registered owner or legal owner shall:
(i) Report the destruction of the vehicle issued a certificate of title or registration certificate to the department within 15 days of its destruction; and
(ii) Submit the certificate of title or affidavit in lieu of title marked "DESTROYED." The registered owner's name, address, and the date of destruction must be clearly shown on the certificate of title or affidavit in lieu of title.
(b) It is a gross misdemeanor to fail to notify the department and be in possession of a certificate of title of a destroyed vehicle on the 16th day after the vehicle is destroyed and each day thereafter.
(2) The insurance company or self-insurer shall report the destruction or total loss of vehicles issued a certificate of title or registration certificate to the department within 15 days after the settlement claim. The report must be submitted regardless of where or in what jurisdiction the total loss occurred. An insurer shall report total loss vehicles to the department in any of the following manners:
(a) Electronically through the department's online reporting system. An insurer choosing this option must immediately destroy ownership documents after filing the electronic report;
(b) Submitting the certificate of title or affidavit in lieu of title marked "DESTROYED." The insurer's name, address, and the date of loss must be clearly shown on the certificate of title or affidavit in lieu of title; or
(c) Submitting a properly completed total loss claim settlement form provided by the department.
(3) Supporting documents used to transfer ownership of a vehicle to an insurer after payment of damages does [do] not require a notarized signature, may be signed electronically, and may be printed on hard copy. This includes, but is not limited to, a limited power of attorney executed in accordance with RCW 11.125.050(4), which the department shall accept for purposes of transferring vehicle ownership.
(4) The registered owner, legal owner, or insurer reporting the destruction or total loss of a motor vehicle six years old or older must include a statement on whether the fair market value of the motor vehicle immediately before its destruction was at least equal to the market value threshold. The age of the motor vehicle is determined by subtracting the model year from the current calendar year.
(5) The market value threshold is $6,790 or a greater amount as set by rule of the department. The department shall:
(a) Increase the market value threshold amount:
(i) When the consumer price index for all urban consumers, compiled by the bureau of labor statistics, United States department of labor, or its successor, for the west region, in the expenditure category "used cars and trucks," shows an annual average increase over the previous year;
(ii) By the same percentage increase of the annual average shown in the consumer price index; and
(iii) On July 1st of the year immediately following the year with the increase of the annual average;
(b) Round each increase of the market value threshold to the nearest $10;
(c) Not increase the market value threshold amount if the amount of the increase would be less than $50; and
(d) Carry forward any unmade increases to succeeding years until the cumulative increase is at least $50.
[ 2026 c 101 s 1; 2011 c 171 s 36; 2010 c 161 s 306; 2003 c 53 s 235; 2002 c 245 s 2; 1990 c 250 s 28; 1961 c 12 s 46.12.070. Prior: 1959 c 166 s 4; prior: 1947 c 164 s 3(b); 1939 c 182 s 1(b); 1937 c 188 s 5(b); Rem. Supp. 1947 s 6312-5(b). Formerly RCW 46.12.070.]
NOTES:
Intent—
RCW 46.12.610 Contaminated vehicles.
(1) A local health officer may notify the department that a vehicle has been:
(a) Declared unfit and prohibited from use as authorized in chapter 64.44 RCW if the vehicle has become contaminated as defined in RCW 64.44.010;
(b) Satisfactorily decontaminated and retested according to the written work plan approved by the local health officer.
(2) The department shall brand vehicle records and certificates of title when it receives the notification from a local health officer as provided in subsection (1) of this section.
(3) A person is guilty of a gross misdemeanor if he or she advertises for sale or sells a vehicle that has been declared unfit and prohibited from use by a local health officer if:
(a) The person has knowledge that the local health officer has issued an order declaring the vehicle unfit and prohibiting its use; or
(b) A notification has been placed on the certificate of title under subsection (2) of this section that the vehicle has been declared unfit and prohibited from use.
(4) A person may advertise or sell a vehicle if a release for reuse document has been issued by a local health officer under chapter 64.44 RCW or a notification has been placed on the certificate of title under subsection (2) of this section that the vehicle has been decontaminated and released for reuse.
[ 2010 c 161 s 308.]
NOTES:
Effective date—
RCW 46.12.620 Legal owner not liable for acts of registered owner.
A person shown as the legal owner on a certificate of title which has a different person shown as the registered owner does not incur liability and is not responsible for damage or any liability resulting from any act or contract made by the registered owner or by any other person acting for, or by or under the authority of, the registered owner.
[ 2010 c 161 s 318; 1961 c 12 s 46.12.190. Prior: 1937 c 188 s 10, part; RRS s 6312-10, part. Formerly RCW 46.12.190.]
NOTES:
Effective date—
RCW 46.12.630 Lists of registered and legal owners of vehicles and vessels—Furnished for certain purposes—Contract—Fees—Penalty for unauthorized use—Definition.
(1) The department of licensing must furnish lists of registered and legal owners of: (a) Motor vehicles only for the purposes specified in this subsection (1)(a) to the manufacturers of motor vehicles or motor vehicle components, or their authorized agents, to enable those manufacturers to carry out the provisions of Titles I and IV of the anti car theft act of 1992, the automobile information disclosure act (15 U.S.C. Sec. 1231 et seq.), the clean air act (42 U.S.C. Sec. 7401 et seq.), and 49 U.S.C. Secs. 30101-30183, 30501-30505, and 32101-33118, as these acts existed on January 1, 2014, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. However, the department may only provide a vehicle or vehicle component manufacturer, or its authorized agents, lists of registered or legal owners who purchased or leased a vehicle manufactured by that manufacturer or a vehicle containing a component manufactured by that component manufacturer. Manufacturers or authorized agents receiving information on behalf of one manufacturer must not disclose this information to any other third party that is not necessary to carry out the purposes of this section; and (b) vessels only for the purposes of this subsection (1)(b) to the manufacturers of vessels, or their authorized agents, to enable those manufacturers to carry out the provisions of 46 U.S.C. Sec. 4310 and any relevant Code of Federal Regulations adopted by the United States coast guard, as these provisions and rules existed on January 1, 2015, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(2) The department of licensing may furnish lists of registered and legal owners of motor vehicles or vessels, only to the entities and only for the purposes specified in this section, to:
(a) The manufacturers of motor vehicles or vessels, and legitimate businesses as defined by the department in rule, or their authorized agents, for purposes of using lists of registered and legal owner information to conduct research activities and produce statistical reports, as long as the entity does not allow personal or identity information received under this section to be published, redisclosed, or used to contact individuals. For purposes of this subsection (2)(a), the department of licensing may only provide the manufacturer of a motor vehicle or vessel, or the manufacturer of components contained in a motor vehicle or vessel, the lists of registered or legal owners who purchased or leased a vehicle or vessel manufactured by that manufacturer or a vehicle or vessel containing components manufactured by that component manufacturer;
(b) Any governmental agency, including any court or law enforcement agency, or any private person or entity acting on behalf of a federal, state, or local agency, or Canada in carrying out its functions: PROVIDED, HOWEVER, That nothing in this section is construed to allow actions prohibited under RCW 43.17.425;
(c) Any insurer or insurance support organization, a self-insured entity, or its agents, employees, or contractors for use in connection with claims investigation activities, antifraud activities, rating, or underwriting;
(d) Any local governmental entity or its agents for use in providing notice to owners of towed and impounded vehicles, or to any law enforcement entity for use, as may be necessary, in locating the owner of or otherwise dealing with a vessel that has become a hazard;
(e) A government agency, commercial parking company, or its agents requiring the names and addresses of registered owners to notify them of outstanding parking violations. Subject to the disclosure agreement provisions of RCW 46.12.635 and the requirements of Executive Order 97-01, the department may provide only the parts of the list that are required for completion of the work required of the company;
(f) Authorized agents or contractor of the department, to be used only in connection with providing motor vehicle or vessel excise tax, licensing, title, and registration information to motor vehicle or vessel dealers;
(g) Any business regularly making loans to other persons to finance the purchase of motor vehicles or vessels, to be used to assist the person requesting the list to determine ownership of specific vehicles or vessels for the purpose of determining whether or not to provide such financing; or
(h) A company or its agents operating a toll facility under chapter 47.46 RCW or other applicable authority requiring the names, addresses, and vehicle information of motor vehicle registered owners to identify toll violators.
(3) Personal or identity information received by an entity listed in subsection (1) or (2) of this section may not be released for direct marketing purposes.
(4) Prior to the release of any lists of vehicle or vessel owners under subsection (1) or (2) of this section, the department must enter into a contract with the entity authorized to receive the data pursuant to RCW 46.22.010.
(5)(a) Beginning January 1, 2015, the department must collect a fee of ten dollars per one thousand individual registered or legal owners included on a list requested by a private entity under subsection (1) or (2) of this section. Beginning January 1, 2016, the department must collect a fee of twenty dollars per one thousand individual registered or legal vehicle or vessel owners included on a list requested by a private entity under subsection (1) or (2) of this section. Beginning January 1, 2021, the department must collect a fee of twenty-five dollars per one thousand individual registered or legal owners included on a list requested by a private entity under subsection (1) or (2) of this section. The department must prorate the fee when the request is for less than a full one thousand records.
(b) In lieu of the fee specified in (a) of this subsection, if the request requires a daily, weekly, monthly, or other regular update of those vehicle or vessel records that have changed:
(i) Beginning January 1, 2015, the department must collect a fee of one cent per individual registered or legal vehicle or vessel owner record provided to the private entity;
(ii) Beginning January 1, 2016, the department must collect a fee of two cents per individual registered or legal vehicle or vessel owner record provided to the private entity;
(iii) Beginning January 1, 2021, the department must collect a fee of two and one-half cents per individual registered or legal vehicle or vessel owner record provided to the private entity.
(c) The department must deposit any moneys collected under this subsection to the department of licensing technology improvement and data management account created in RCW 46.68.063.
(6) Where both a mailing address and residence address are recorded on the vehicle or vessel record and are different, only the mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from courts, law enforcement agencies, or government entities and only for use in the normal course of conducting their business.
(7) If a list of registered and legal owners of motor vehicles or vessels is used for any purpose other than that authorized in this section, the recipient under subsection (1) or (2) of this section, or any authorized agent or contractor responsible for the unauthorized disclosure or use[,] will be denied further access to such information by the department of licensing.
(8) For purposes of this section, "personal information" and "identity information" have the same meanings as in RCW 46.04.209.
[ 2021 c 93 s 5; 2016 c 80 s 1; 2014 c 79 s 1; 2013 c 306 s 702; 2012 c 86 s 803; 2011 c 171 s 37; 2005 c 340 s 1; 2004 c 230 s 1. Prior: 1997 c 432 s 6; 1997 c 33 s 1; 1982 c 215 s 1. Formerly RCW 46.12.370.]
NOTES:
Effective date—
RCW 46.12.635 Disclosure of names and addresses of individual vehicle and vessel owners—Vehicle and vessel information—Address confidentiality program participants.
(1) Notwithstanding the provisions of chapter 42.56 RCW, the name or address of an individual vehicle or vessel owner shall not be released by the department, county auditor, data recipient, subrecipient, or agency or firm authorized by the department except under the following circumstances:
(a) The requesting party is a business entity that requests the information for use as defined by the department in rule, and in the course of business;
(b) The request is a written request that is signed by the person requesting disclosure that contains the full legal name and address of the requesting party, that specifies the purpose for which the information will be used; and
(c) The requesting party enters into a disclosure agreement with the department in which the party promises that the party will use the information only for the purpose stated in the request for the information; and that the party does not intend to use, or facilitate the use of, the information for the purpose of making any unsolicited business contact with a person named in the disclosed information. The term "unsolicited business contact" means a contact that is intended to result in, or promote, the sale of any goods or services to a person named in the disclosed information. The term does not apply to situations where the requesting party and such person have been involved in a business transaction prior to the date of the disclosure request and where the request is made in connection with the transaction.
(2) Where both a mailing address and residence address are recorded on the vehicle or vessel record and are different, only the mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from courts, law enforcement agencies, or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business.
(3) The disclosing entity shall retain the request for disclosure for three years.
(4)(a) Whenever the disclosing entity grants a request for information under this section by an attorney or private investigator, the disclosing entity shall provide notice to the vehicle or vessel owner, to whom the information applies, that the request has been granted. The notice must only include: (i) That the disclosing entity has disclosed the vehicle or vessel owner's name and address pursuant to a request made under this section; (ii) the date that the disclosure was made; and (iii) the occupation of the requesting party.
(b) In the case of a vehicle or vessel owner who submits to the disclosing entity a copy of a valid court order restricting another person from contacting the vehicle or vessel owner or his or her family or household member, the disclosing entity shall provide the vehicle or vessel owner with the name and address of the requesting party. All inquiries from a vehicle or vessel owner, without a court order, will be treated and processed as a request for public record as required in chapter 42.56 RCW.
(5) Any person who is furnished vehicle or vessel owner information under this section shall be responsible for assuring that the information furnished is not used for a purpose contrary to the agreement between the person and the department.
(6) This section shall not apply to requests for information by governmental entities or requests that may be granted under any other provision of this title expressly authorizing the disclosure of the names or addresses of vehicle or vessel owners. Requests from law enforcement officers for vessel record information must be granted. The disclosure agreement with law enforcement entities must provide that law enforcement may redisclose a vessel owner's name or address when trying to locate the owner of or otherwise deal with a vessel that has become a hazard.
(7) The department shall disclose vessel records for any vessel owned by a governmental entity upon request.
(8) This section shall not apply to title history information under RCW 19.118.170.
(9) The department shall charge a fee of $2 for each record returned pursuant to a request made by a business entity under subsection (1) of this section and deposit the fee into the highway safety fund.
(10) The department, county auditor, or agency or firm authorized by the department shall not release the name, any address, vehicle make, vehicle model, vehicle year, vehicle identification number, vessel make and model, vessel model year, hull identification number, vessel document number, vessel registration number, vessel decal number, or license plate number associated with an individual vehicle or vessel owner who is a participant in the address confidentiality program under chapter 40.24 RCW except as allowed in subsection (6) of this section and RCW 40.24.075.
[ 2025 c 23 s 3; 2021 c 93 s 6; 2019 c 278 s 1; 2016 c 80 s 2; 2013 c 232 s 1. Prior: 2005 c 340 s 2; 2005 c 274 s 304; 1995 c 254 s 10; 1990 c 232 s 2; 1987 c 299 s 1; 1984 c 241 s 2. Formerly RCW 46.12.380.]
NOTES:
Effective date—
RCW 46.12.640 Disclosure violations, penalties.
(1) The department may review the activities of a person or entity that receives personal or identity information to ensure compliance with the limitations imposed on the use of the information. The department may suspend or revoke for up to five years the privilege of obtaining personal or identity information of a person found to be in violation of this chapter or a disclosure agreement executed with the department.
(2) In addition to the penalty in subsection (1) of this section:
(a) The unauthorized disclosure of personal or identity information; or
(b) The use of a false representation to obtain personal or identity information from the department; or
(c) The use of personal or identity information obtained from the department for a purpose other than what is stated in the request for information or in the disclosure agreement executed with the department; or
(d) The sale or other distribution of any personal or identity information to another person not disclosed in the request or disclosure agreement
is a gross misdemeanor punishable by a fine not to exceed ten thousand dollars, or by imprisonment in a county jail for up to three hundred sixty-four days, or by both such fine and imprisonment for each violation.
[ 2021 c 93 s 7; 2016 c 80 s 3; 2011 c 96 s 30; 2005 c 274 s 305; 1990 c 232 s 3. Formerly RCW 46.12.390.]
NOTES:
Findings—
RCW 46.12.650 Releasing interest—Reports of sale—Transfer of ownership—Requirements—Penalty, exceptions.
(1) Releasing interest.
RCW 46.12.652 Fraudulent report of sale filed—Procedure.
If a court has declared that a fraudulent report of sale has been filed with the department, county auditor or other agent, or subagent appointed by the director, the court must notify the department in writing with a copy of the court order. Once notified, the department may remove the fraudulent report of sale from the vehicle record.
[ 2016 c 86 s 3.]
RCW 46.12.655 Release of owner from liability.
(1) An owner is relieved of civil or criminal liability for the operation of a vehicle by another person when the owner has:
(a) Made a bona fide sale or transfer of a vehicle;
(b) Delivered possession of the vehicle to the person acquiring ownership;
(c) Released interest in the vehicle and provided the certificate of title and registration certificate to the person acquiring ownership; and
(d) Filed a report of sale that meets all the requirements in RCW 46.12.650(2).
(2) A person acquiring a vehicle assumes civil or criminal liability for any traffic violation under this title, whether designated as a traffic infraction or classified as a criminal offense, that occurs after the date of sale or transfer of ownership based on the vehicle's identification including, but not limited to:
(a) Parking infractions;
(b) High occupancy toll lane violations; and
(c) Violations recorded by automated traffic safety cameras.
(3) A person shown as the buyer of a vehicle on an abandoned vehicle report submitted to the department by a registered tow truck operator assumes liability for the vehicle. Any previous owner is relieved of civil or criminal liability for the operation of the vehicle from the date of sale.
(4) A person who had no knowledge of the filing of the report of sale is relieved of civil or criminal liability for the operation of the vehicle. Liability is then transferred to the seller shown on the report of sale.
[ 2010 c 161 s 310; 2006 c 291 s 3; 2005 c 331 s 1; 2002 c 279 s 2; 1984 c 39 s 2. Formerly RCW 46.12.102.]
NOTES:
Effective date—
RCW 46.12.660 Transitional ownership record.
(1) A transitional ownership record:
(a) Enables a security interest in a motor vehicle to be perfected in a timely manner when the certificate of title is not available at the time the security interest is created;
(b) Provides for timely notification to security interest holders under chapter 46.55 RCW; and
(c) Is only acceptable as an ownership record for motor vehicles currently stored on the department's computer system and if the certificate of title or other authorized proof of ownership for the motor vehicle is not in the possession of the selling vehicle dealer or new security interest holder when the transitional ownership record is submitted to the department.
(2) A person shall submit the transitional ownership record to the department or to the county auditor or other agents or subagents.
(3) A transitional ownership record must contain all of the following information:
(a) The date of sale;
(b) The name and address of each owner of the vehicle;
(c) The name and address of each security interest holder;
(d) The priorities of interest if there are multiple security interest holders and the security interest holders do not jointly hold a single security interest;
(e) The vehicle identification number, the license plate number, if any, the year, make, and model of the vehicle;
(f) The name of the selling dealer or security interest holder who is submitting the transitional ownership record; and
(g) The transferee's driver's license number, if available.
(4) The report of sale form provided or approved by the department under RCW 46.12.650 may be used by a vehicle dealer as the transitional ownership record.
(5) A security interest is perfected in a motor vehicle on the date the department receives the transitional ownership record when:
(a) The requirements of this section have been met; and
(b) Any required fees have been paid.
(6)(a) The selling dealer or new security interest holder shall submit to the department, within ten days of receipt of the certificate of title for the vehicle, written confirmation that only an electronic record of ownership exists or that the certificate of title has been lost or destroyed with:
(i) An application for a new certificate of title containing the name and address of the secured party; and
(ii) Payment of the required fees as provided in RCW 46.17.060.
(b) A security interest becomes unperfected when a secured party fails to submit an application for a certificate of title within the ten-day time period provided in this subsection (6), unless the security interest is perfected otherwise.
[ 2010 c 161 s 311; 2000 c 250 s 9A-823; 1998 c 203 s 12. Formerly RCW 46.12.103.]
NOTES:
Effective date—
RCW 46.12.665 Odometer disclosure statement required—Exemptions. (Effective until January 1, 2031.)
(1) The department, county auditor or other agent, or subagent appointed by the director shall require a written odometer disclosure statement with every application for a certificate of title for a motor vehicle. The odometer disclosure statement must be on either the certificate of title or on a separate form approved by the department. A secure odometer disclosure statement is required if the certificate of title was issued after April 30, 1990. Odometer disclosure statements must include, at a minimum, the following:
(a) The miles shown on the odometer at the time of transfer of ownership, but not to include tenths of miles;
(b) The date of transfer of ownership;
(c) The transferor's printed name, current address, and signature;
(d) The transferee's printed name, current address, and signature;
(e) The identity of the motor vehicle, including its make, model, year, body type, and vehicle identification number;
(f) Information that the odometer statement is required by the federal truth in mileage act of 1986 and that failure to complete the odometer statement or providing false information may result in fines or imprisonment, or both; and
(g) One of the following statements:
(i) The mileage shown is actual to the best of transferor's knowledge;
(ii) The odometer reading exceeds the mechanical limits of the odometer to the best of the transferor's knowledge; or
(iii) The odometer reading is not the actual mileage.
If the odometer reading is under 100,000 miles, the only options that can be certified are "actual to the best of the transferor's knowledge" or "not the actual mileage." If the odometer reading is 100,000 miles or more, the options "actual to the best of the transferor's knowledge" or "not the actual mileage" cannot be used unless the odometer has six digit capability.
(2) The transferee and the transferor shall each sign the odometer disclosure statement. Only one registered owner is required to complete the odometer disclosure statement for the transferee, and only one owner is required to complete the odometer disclosure statement for the transferor. When applicable, both the business name and a company representative's name must be shown on the odometer disclosure statement when the registered owner is a business or the transferee represents a company, or both.
(3) The transferee shall return a signed copy of the odometer disclosure statement to the transferor at the time of transfer of ownership.
(4) The following vehicles are not subject to odometer disclosure requirements at the time of ownership transfer:
(a) A motor vehicle having a declared gross vehicle weight of more than 16,000 pounds;
(b) A vehicle that is not self-propelled;
(c) A motor vehicle that has a model year of 2010 or older;
(d) A motor vehicle sold directly by a manufacturer to a federal agency in conformity with contract specifications; or
(e) A new motor vehicle before its first retail sale.
(5) The requirements of this section also apply to the transfer of a motor vehicle held:
(a) For lease when transferred to a lessee and then to the lessor at the end of the leasehold; and
(b) In a fleet when transferred to a purchaser.
[ 2025 c 23 s 4; 2010 c 161 s 312; 1990 c 238 s 6. Formerly RCW 46.12.124.]
NOTES:
Expiration date—
RCW 46.12.670 Assigned certificates of title filed—Transfer of interest in vehicle.
(1) The department shall file and index certificates of title when assigned and returned to the department, together with subsequent transactions so that at all times it will be possible to trace ownership to the vehicle designated on each certificate of title.
(2)(a) A person who acquires an interest in a vehicle, other than by voluntary transfer, shall within fifteen days mail or deliver to the department, county auditor or other agent, or subagent appointed by the director:
(i) The last certificate of title if available;
(ii) Proof of transfer; and
(iii) An application for a new certificate of title.
(b) This subsection shall not apply to transactions described in subsection (4) of this section.
(3) A secured party named in the certificate of title who repossesses a vehicle under a security agreement shall within fifteen days mail or deliver to the department, county auditor or other agent, or subagent appointed by the director:
(a) The last certificate of title;
(b) An application for a new certificate of title; and
(c) An affidavit made by or on the behalf of the secured party that the vehicle was repossessed and that the interest of the owner was lawfully terminated or sold under the terms of the security agreement.
(4) A secured party named in the certificate of title who holds the vehicle for resale is not required to apply for a new certificate of title. When the vehicle is sold, the secured party shall promptly mail or deliver to the buyer or to the department, county auditor or other agent, or subagent appointed by the director:
(a) The certificate of title;
(b) An affidavit made by or on the behalf of the secured party that the vehicle was repossessed and that the interest of the owner was lawfully terminated or sold under the terms of the security agreement; and
(c) Any other documents required to be sent to the department by the buyer.
[ 2010 c 161 s 313; 2010 c 8 s 9005; 1967 c 140 s 3; 1961 c 12 s 46.12.130. Prior: 1959 c 166 s 11; prior: 1947 c 164 s 4(d); 1937 c 188 s 6(d); Rem. Supp. 1947 s 6312-6(d). Formerly RCW 46.12.130.]
NOTES:
Reviser's note:
RCW 46.12.675 Perfection of security interest—Procedure.
(1) A security interest in a vehicle other than one held as inventory by a manufacturer or a dealer and for which a certificate of title is required is perfected only by:
(a) Complying with the requirements of RCW 46.12.660 or this section;
(b) Receipt by the department, county auditor or other agent, or subagent appointed by the director of:
(i) The existing certificate of title, if any;
(ii) An application for a certificate of title containing the name and address of the secured party; and
(iii) Payment of the required fees.
(2) A security interest is perfected when it is created if the secured party's name and address appear on the most recently issued certificate of title or, if not, it is created when the department, county auditor or other agent, or subagent appointed by the director receives the certificate of title or an application for a certificate of title and the fees required in subsection (1) of this section.
(3) If a vehicle is subject to a security interest when brought into this state, perfection of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest was attached, subject to the following:
(a) The security interest continues perfected in this state if the name of the secured party is shown on the existing certificate of title issued by that jurisdiction. The name of the secured party must be shown on the certificate of title issued for the vehicle by this state. The security interest continues perfected in this state when the department issues the certificate of title.
(b) If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest was attached, it may be perfected in this state. Perfection begins when the department receives the information and fees required in subsection (1) of this section.
(4)(a) After a certificate of title has been issued, the registered owner or secured party must apply to the department, county auditor or other agent, or subagent appointed by the director for a new certificate of title when a security interest is granted on a vehicle. Within ten days after creating a security agreement, the registered owner or secured party must submit:
(i) An application for a certificate of title;
(ii) The certificate of title last issued for the vehicle, or other documentation required by the department; and
(iii) The fee required in RCW 46.17.100.
(b) If satisfied that a certificate of title should be reissued, the department shall change the vehicle record and issue a new certificate of title to the secured party.
(5) A secured party shall release the security interest when the conditions within the security agreement have been met and there is no further secured obligation. The secured party must either:
(a) Assign the certificate of title to the registered owner or the registered owner's designee and send the certificate of title to the department, county auditor or other agent, or subagent appointed by the director with the fee required in RCW 46.17.100; or
(b) Assign the certificate of title to the person acquiring the vehicle from the registered owner with the registered owner's release of interest.
(6) The department shall issue a new certificate of title to the registered owner when the department receives the release of interest and required fees as provided in subsection (5)(a) of this section.
(7) A secured party is liable for one hundred dollars payable to the registered owner or person acquiring the vehicle from the registered owner when:
(a) The secured party fails to either assign the certificate of title to the registered owner or to the person acquiring the vehicle from the registered owner or apply for a new certificate of title within ten days after proper demand; and
(b) The failure of the secured party to act as described in (a) of this subsection results in a loss to the registered owner or person acquiring the vehicle from the registered owner.
[ 2012 c 74 s 14; 2010 c 161 s 316; 2007 c 96 s 2; 2002 c 352 s 5. Prior: 1997 c 432 s 5; 1997 c 241 s 5; 1994 c 262 s 6; 1979 ex.s. c 113 s 2; 1975 c 25 s 13; 1967 c 140 s 4; 1961 c 12 s 46.12.170; prior: 1951 c 269 s 4; 1947 c 164 s 5; 1939 c 182 s 2; 1937 c 188 s 7; Rem. Supp. 1947 s 6312-7. Formerly RCW 46.12.170.]
NOTES:
Effective date—
RCW 46.12.680 Ownership in doubt—Procedure.
(1) The department, county auditor or other agent, or subagent appointed by the director may register a vehicle and withhold issuance of a certificate of title or require a bond as a condition of issuing a certificate of title if the department is not satisfied:
(a) As to the ownership of the vehicle; or
(b) That there are no undisclosed security interests in the vehicle.
(2) A person who is unable to provide satisfactory evidence of ownership may:
(a) Apply for ownership in doubt and receive either a:
(i) Registration without a certificate of title for a three-year period; or
(ii) A bonded certificate of title with or without registration as described in subsection (3) of this section; or
(b) Petition any district court or superior court of any county in this state to receive a judgment awarding ownership of the vehicle; or
(c) Have a new certificate of title created if the mobile home, manufactured home, or park model is purchased in a county treasurer's foreclosure or distraint sale for nonpayment of taxes where no title can be found.
(3) A person who is either required by the department, county auditor or other agent, or subagent appointed by the director to file a bond or wants a certificate of title for a vehicle when ownership is in doubt shall file the bond for a three-year period. The bond must:
(a) Be in the form approved by the department;
(b) Be in an amount equal to one and one-half times the value of the vehicle as determined by the department;
(c) Be signed by the applicant and the bonding agent; and
(d) Offer protection to any previous owner, secured party, future purchaser, or their successors against any expense, loss, or damage, including reasonable attorneys' fees.
(4) A person who has or has held an interest in the vehicle may, during the three-year ownership in doubt period, petition any district court or superior court of any county in this state to receive a judgment either awarding ownership of the vehicle or be compensated for any expense, loss, or damage, including reasonable attorneys' fees. The total claim must not be more than the amount of the bond if a bond has been filed with the department.
(5) A person who has applied for ownership in doubt may apply for a certificate of title at any time during the three-year ownership in doubt period when satisfactory evidence of ownership becomes available. At the end of the three-year ownership in doubt period, the owner must apply to the department, county auditor or other agent, or subagent appointed by the director for a certificate of title. The new certificate of title will not include reference to the bond if a bond was filed with the department.
(6) A person applying for ownership in doubt must have acquired the vehicle by purchase, exchange, gift, lease, or inheritance from the owner of record or interim owner.
(7) Ownership in doubt does not apply to:
(a) Unauthorized vehicles, as defined in RCW 46.55.010;
(b) Abandoned vehicles, as defined in RCW 46.55.010;
(c) Snowmobiles, as defined in RCW 46.04.546; or
(d) Washington vehicle dealer sales, as defined in RCW 46.70.011.
[ 2025 c 130 s 3; 2010 c 161 s 314; 1990 c 250 s 30; 1967 c 140 s 9. Formerly RCW 46.12.151.]
NOTES:
Effective date—
RCW 46.12.690 Campers.
A camper is considered a vehicle for the purposes of certificates of title, perfection of security interests, and registrations. The director may adopt rules to implement this section.
[ 2010 c 161 s 321; 2010 c 8 s 9007; 1979 c 158 s 136; 1971 ex.s. c 231 s 6. Formerly RCW 46.12.280.]
NOTES:
Reviser's note:
RCW 46.12.691 Custom vehicles.
(1) When applying for a certificate of title for a custom vehicle for the first time, the owner of the custom vehicle must:
(a) Submit a certification that the custom vehicle:
(i) Will be maintained for occasional transportation, exhibitions, club activities, parades, tours, and similar uses; and
(ii) Will not be used for general daily transportation; and
(b) Provide a certificate of vehicle inspection as required under *RCW 46.12.560(4).
(2) The model year and the year of manufacture that are listed on the certificate of title of a custom vehicle must be the model year and year of manufacture that the body of the custom vehicle resembles.
(3) The presence of modern equipment including, but not limited to, brakes, engines, or seat belts, or the presence of optional equipment referenced in RCW 46.37.518, on a custom vehicle does not invalidate the year of manufacture on the certificate of title.
(4) A custom vehicle must be registered under RCW 46.18.220.
[ 2011 c 114 s 4.]
NOTES:
*Reviser's note:
RCW 46.12.695 Kit vehicles.
(1) A person who applies for an original certificate of title for a kit vehicle shall provide:
(a) The manufacturer's certificate of origin or an equivalent document if the kit vehicle is a new manufactured vehicle kit or body kit;
(b) The certificate of title or a certified copy or equivalent document for the frame;
(c) Proof of ownership for all major parts used in the construction of the vehicle. Major parts include the frame, engine, axles, transmission, and any other parts that carry vehicle identification numbers;
(d) Bills of sale or invoices for all major components used in the construction of the vehicle. The bills of sale must be notarized unless the vendor is registered with the department of revenue for the collection of retail sales or use tax and must include:
(i) The names and addresses of the seller and purchaser;
(ii) A description of the vehicle or part being sold, including the make, model, and identification or serial number or the yard number if from a wrecking yard;
(iii) The date of sale; and
(iv) The purchase price of the vehicle or part;
(e) A certificate of vehicle inspection completed by the Washington state patrol or other authorized inspector verifying the vehicle identification number, and year and make when applicable. A Washington state patrol vehicle identification number inspector must ensure that all parts are documented by certificates of title, notarized bills of sale, or business receipts, such as those obtained from a wrecking yard purchase;
(f) A completed declaration of value form to determine the value for excise tax purposes
The text continues in the official source.
