CERTIFICATION OF ENROLLMENT

                        HOUSE BILL 2844

                        52nd Legislature

                      1992 Regular Session

Passed by the House March 7, 1992   Yeas 95   Nays 1 Speaker of the        House of Representatives Passed by the Senate March 3, 1992   Yeas 40   Nays 0

CERTIFICATE I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2844 as passed by the House of Representatives and the Senate on the dates hereon set forth.

President of the Senate

Chief Clerk

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                        State of Washington

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                                  HOUSE BILL 2844

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                             AS AMENDED BY THE SENATE

                     Passed Legislature - 1992 Regular Session

State of Washington              52nd Legislature             1992 Regular Session

By Representatives Zellinsky and R. Fisher

Read first time 01/29/92.  Referred to Committee on Transportation.Removing the limitation on deficiency claims against owners of vehicles subjected to a law enforcement impound.

     AN ACT Relating to deficiency claims against owners of impounded vehicles; and amending RCW 46.55.140.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 46.55.140 and 1991 c 20 s 2 are each amended to read as follows:

     (1) A registered tow truck operator who has a valid and signed impoundment authorization has a lien upon the impounded vehicle for services provided in the towing and storage of the vehicle, unless the impoundment is determined to have been invalid.  The lien does not apply to personal property in or upon the vehicle that is not permanently attached to or is not an integral part of the vehicle.  The registered tow truck operator also has a deficiency claim against the registered owner of the vehicle for services provided in the towing and storage of the vehicle not to exceed the sum of three hundred dollars less the amount bid at auction, and for vehicles of over ten thousand pounds gross vehicle weight, the operator has a deficiency claim of one thousand dollars less the amount bid at auction, unless the impound is determined to be invalid.  The limitation on towing and storage deficiency claims does not apply to an impound directed by a law enforcement officer.  In no case may the cost of the auction or a buyer's fee be added to the amount charged for the vehicle at the auction, the vehicle's lien, or the overage due.  A registered owner who has completed and filed with the department the seller's report as provided for by RCW 46.12.101 and has timely and properly filed the seller's report is relieved of liability under this section.  The person named as the new owner of the vehicle on the timely and properly filed seller's report shall assume liability under this section.

     (2) Any person who tows, removes, or otherwise disturbs any vehicle parked, stalled, or otherwise left on privately owned or controlled property, and any person owning or controlling the private property, or either of them, are liable to the owner or operator of a vehicle, or each of them, for consequential and incidental damages arising from any interference with the ownership or use of the vehicle which does not comply with the requirements of this chapter.