HOUSE BILL REPORT
SSB 5124
As Amended by the House
BYSenate Committee on Transportation (originally sponsored by Senators Peterson, Conner, Patterson, DeJarnatt, Hansen and Garrett)
Revising procedures for impoundment and disposition of unauthorized, abandoned, junk, and other vehicles.
House Committe on Transportation
Majority Report: Do pass with amendments. (23)
Signed by Representatives Walk, Chair; Betrozoff, Cantwell, Cooper, Dellwo, Doty, Fisch, Fisher, Gallagher, Hankins, Haugen, Heavey, Kremen, Meyers, Schmidt, C. Smith, D. Sommers, Spanel, Todd, Vekich, J. Williams, S. Wilson and Zellinsky.
House Staff:Brad Lovaas (786-7307)
AS PASSED HOUSE APRIL 17, 1987
BACKGROUND:
In 1985, following two years of studies and hearing by the Legislative Transportation Committee, the legislature created Chapter 46.55 to regulate those tow truck operators who impound and store vehicles. The Department of Licensing and the Washington State Patrol both have areas of jurisdiction of tow truck operators who impound from private and public property. The Department of Licensing is responsible for the licensing of the operators, the processing of impounded vehicle owner information and tow truck operator complaint resolution. The State Patrol is responsible for the pre-licensing inspections of tow truck equipment, facilities and records of the tow truck operator.
Currently, in some of the rural areas of the state tow truck operators are not able to carry the full amount of insurance mandated by the state as a licensing requirement. This has impeded the State Patrol's responsibilities in the removal of vehicles following an accident, and other vehicles discovered upon the highways.
Statutory provisions which relate to impound authority and the vehicle redemption process are scattered throughout three chapters within Title 46 RCW.
SUMMARY:
Minimum insurance limits are reduced. Liability for bodily injury or property damage is reduced from $250,000 to $100,000, and fire and theft insurance is reduced from $100,000 to $50,000.
Language is clarified to specify that each separate business requires a separate registration under 46.55 RCW.
Language from 46.52, the old tow truck chapter, and 46.61, the rules of the road, that deal with the impounding of motor vehicles is transferred into 46.55.
The Department of Licensing (DOL) is required to return to the tow truck operator the owner information on an impounded vehicle within 72 hours.
The district courts are given the authority to determine issues involving impounds by the state.
New language clarifies that owner notification need not be sent if the vehicle is impounded as a result of a court order, writ or police hold, until such time as the hold on the vehicle is removed.
The vehicle's insurer may view an impound during normal business hours for no charge. The vehicle's insurer may redeem an impounded vehicle.
If the DOL finds no owner information on the vehicle, then an operator is authorized to conduct a search of the vehicle to determine whether or not any owner information is within the vehicle.
It is mandated that a right-to-a-hearing form is to be included in the initial notification to both the legal and registered owners.
The vehicle's insurer may view an impound during normal business hours for no charge. The vehicle's insurer may redeem an impounded vehicle.
A tow truck operator may not sign an impound authorization on behalf of the property owner.
Fiscal Note: Not Requested.
House Committee ‑ Testified For: Lt. Gary Hallett, Commission on Equipment; Heather Hamilton, Department of Licensing; Rolfe Johnson and Gene Gratzer, Washington Tow Truck Association.
House Committee - Testified Against: Rolfe Johnson and Gene Gratzer, Washington Tow Truck Association.
House Committee - Testimony For: Lower minimum insurance rates will allow more rural operators to qualify for state licenses. All impound authority will be consolidated within 46.55 RCW.
House Committee - Testimony Against: The Tow Truck Association is against limiting storage fees.