FINAL BILL REPORT

HB 1088

C 178 L 03

Synopsis as Enacted

Brief Description: Authorizing removal of vehicles from restricted parking zones.

Sponsors: By Representatives Fromhold and Moeller.

House Committee on Transportation

Senate Committee on Highways & Transportation

Background:

A police officer may take immediate custody of a vehicle and provide for its prompt removal to a place of safety under certain limited circumstances, such as when a vehicle is discovered to be stolen, when a driver is arrested and taken into custody, or when a vehicle is left unattended on a highway in an unincorporated area and is obstructing traffic or jeopardizing public safety. Other unauthorized vehicles left unattended on a public highway are subject to impoundment, but only after 24 hours have passed and the vehicle has been tagged with proper notification by an officer.

Clear statutory authority does not exist to effect the immediate removal of an unattended vehicle that is parked in a signed area and is obstructing a construction, restricted parking or loading zone. The requirement that a vehicle be left in these zones at least 24 hours before being removed can result in costly construction delays and impede local businesses.

Summary:

A police officer may take custody of a vehicle and have it removed to a place of safety when it is illegally occupying a zone where, by order of the Secretary of Transportation or chiefs of police or fire, parking is limited to certain classes of vehicles or is prohibited during designated times. The vehicle must be interfering with the proper and intended use of the zone; the limited parking zone must be properly established with signage for at least 24 hours; and the signage must give notice that a vehicle will be removed if it is illegally parked in the zone. Some of the zones included in this provision are truck, commercial loading, restricted parking, bus, taxi, street construction and street maintenance.

Votes on Final Passage:

House 97  0

Senate 48  0    (Senate amended)

House 96  1    (House concurred)

Effective: July 27, 2003