(1) After the application has
been filed, the fee paid, and bond posted, if required, the
department shall, if no denial order is in effect and no
proceeding is pending under RCW 46.70.101, issue the appropriate
license, which license, in the case of a vehicle dealer, shall
designate the classification of the dealer. Nothing prohibits a
vehicle dealer from obtaining licenses for more than one
classification, and nothing prevents any vehicle dealer from
dealing in other classes of vehicles on an isolated basis.
(2) An auction company licensed under chapter 18.11 RCW may
sell at auction all classifications of vehicles under a motor
vehicle dealer's license issued under this chapter including
motor vehicles, miscellaneous type vehicles, and mobile homes and
travel trailers.
(3) At the time the department issues a vehicle dealer
license, the department shall provide to the dealer a current,
up-to-date vehicle dealer manual that may be provided
electronically setting forth the various statutes and rules
applicable to vehicle dealers. In addition, at the time any such
license is renewed under RCW 46.70.083, the department shall
provide the dealer with any updates or current revisions to the
vehicle dealer manual. These updates or current revisions may be
provided electronically.
(4) The department may contract with responsible private
parties to provide them elements of the vehicle database on a
regular basis. The private parties may only disseminate this
information to licensed vehicle dealers.
(a) Subject to the disclosure agreement provisions of RCW 46.12.380 and the requirements of Executive Order 97-01, the
department may provide to the contracted private parties the
following information:
(i) All vehicle and title data necessary to accurately
disclose known title defects, brands, or flags and odometer
discrepancies;
(ii) All registered and legal owner information necessary to
determine true ownership of the vehicle and the existence of any
recorded liens, including but not limited to liens of the
department of social and health services or its successor; and
(iii) Any data in the department's possession necessary to
calculate the motor vehicle excise tax, license, and registration
fees including information necessary to determine the
applicability of regional transit authority excise and use tax
surcharges.
(b) The department may provide this information in any form
the contracted private party and the department agree upon, but
if the data is to be transmitted over the Internet or similar
public network from the department to the contracted private
party, it must be encrypted.
(c) The department shall give these contracted private
parties advance written notice of any change in the information
referred to in (a)(i), (ii), or (iii) of this subsection,
including information pertaining to the calculation of motor
vehicle excise taxes.
(d) The department shall revoke a contract made under this
subsection (4) with a private party who disseminates information
from the vehicle database to anyone other than a licensed vehicle
dealer. A private party who obtains information from the vehicle
database under a contract with the department and disseminates
any of that information to anyone other than a licensed vehicle
dealer is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(e) Nothing in this subsection (4) authorizes a vehicle
dealer or any other organization or entity not otherwise
appointed as a vehicle licensing subagent under RCW 46.01.140 to
perform any of the functions of a vehicle licensing subagent so
appointed.
[2001 c 272 § 4; 1997 c 432 § 4; 1996 c 282 § 2; 1993 c 307 § 7; 1989 c 301 § 3; 1973 1st ex.s. c 132 § 6; 1971 ex.s. c 74 § 2; 1967 ex.s. c 74 § 7.]