S-1580               _______________________________________________

                                                   SENATE BILL NO. 4278

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Metcalf and Guess

Read first time 2/8/85 and referred to Committee on Transportation.

AN ACT Relating to motor vehicles; and amending RCW 46.20.435.

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

        Sec. 1.  Section 1, chapter 8, Laws of 1982 and RCW 46.20.435 are each amended to read as follows:

          (1) Upon determining that a person is operating a motor vehicle without a valid driver's license in violation of RCW 46.20.021 or with a license that has been expired for ninety days or more, or with a suspended or revoked license in violation of RCW 46.20.342 or 46.20.420, a law  enforcement officer may immediately impound the vehicle ((which)) that the person is operating.

          (2) If the driver of the vehicle is the owner of the vehicle, the ((department)) officer shall not release the vehicle impounded under subsection (1) of this section until the owner of the vehicle:

          (a) Establishes ((to the department)) that any penalties, fines, or forfeitures owed by the person driving the vehicle when it was impounded have been satisfied; and

          (b) Pays ((to the person who impounded and stored the vehicle)) the reasonable costs of such impoundment and storage.

          (3) If the driver of the vehicle is not the owner of the vehicle, the driver shall be responsible for any penalties, fines, or forfeitures owed or due and for the costs of impoundment and storage.  The vehicle shall be released to the owner immediately upon proof of such ownership.

          (4) ((The department shall adopt such rules as are necessary for the administration of this section)) Whenever a vehicle has been impounded by a law enforcement officer, the officer shall immediately serve upon the driver of the impounded vehicle a notice informing the recipient of his or her right to a hearing in the district court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing or the amount of towing and storage charges.  A request for a hearing shall be made in writing on the form provided for that purpose and must be received by the district court within ten days of the date of the impound.  If the hearing request is not received by the district court within the ten-day period, the right to a hearing is waived and the driver is liable for any towing, storage, or other impoundment charges permitted under this chapter.  Upon receipt of a timely hearing request, the district court shall proceed to hear and determine the validity of the impoundment.

(5)(a) The district court, within five days after the request for a hearing, shall notify the driver in writing of the hearing date and time.

(b) At the hearing, the person requesting the hearing may produce any relevant evidence to show that the impoundment was not proper.

(c) At the conclusion of the hearing, the district court shall determine whether the impoundment was proper, whether the driver was responsible for any penalties, fines, or forfeitures owed or due at the time of the impoundment, and whether they have been satisfied.

(d) A certified transcript or abstract of the driving record of the driver, as maintained by the department, is admissible in evidence in any hearing and is prima facie evidence of the status of the driving privilege of the person named in it at the time of the impoundment and whether there were penalties, fines, or forfeitures due and owing by the person named in it at the time the impoundment occurred.