PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-11-174.
Title of Rule: WAC 204-96-010 Vehicle impounds.
Purpose: To allow employers to retrieve company vehicles when an employee has been arrested for driving with a suspended license and to require that employers and spouses show significant hardship before the vehicle can be released to them.
Statutory Authority for Adoption: RCW 46.55.113 and 46.55.120.
Summary: Unfortunately many employers inadvertently allow individuals to drive business vehicles who have criminal violations as described in WAC 204-96-010, thus causing that business vehicle to be impounded and thus not available for business use. This creates a significant economic hardship for the employer. This amendment will allow the district commander to review releasing the business vehicle prior to the expiration of the mandated impound period if the employer establishes significant economic hardship.
Reasons Supporting Proposal: To reduce the economic impact on an unsuspecting business.
Name of Agency Personnel Responsible for Drafting: Sgt. Jim Greene, P.O. Box 42635, Olympia, WA 98504, (360) 753-0350; Implementation and Enforcement: Commander Tom Robbins, P.O. Box 42600, Olympia, WA 98504, (360) 586-2340.
Name of Proponent: State patrol, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule allows the department to comply with RCW 46.55.113 and 46.55.120 regarding suspended driver's vehicles. The state wishes to keep as many suspended drivers off the roadways as possible without excessive burdens to families and businesses.
Proposal Changes the Following Existing Rules: A suspended driver impounded vehicle may now also be released to an employer owner upon showing significant economic or personal hardship.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This will help ease impact on business.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: Commercial Vehicle Division, Ground Floor, General Administration Building, 210 11th S.W., Olympia, WA 98504, on August 22, 2000, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Gene McDaniel by August 18, 2000, (360) 753-0658.
Submit Written Comments to: Lt. Tim Braniff, Field Operations Bureau, P.O. Box 42600, Olympia, WA 98504, fax (360) 586-2340, by August 18, 2000.
Date of Intended Adoption: August 23, 2000.
July 12, 2000
Annette M. Sandberg
Chief
OTS-4021.1
AMENDATORY SECTION(Amending WSR 99-18-026, filed 8/24/99,
effective 9/24/99)
WAC 204-96-010
Vehicle impounds.
When a driver of a vehicle is arrested for a violation of:
| RCW 46.61.502 | Driving under the influence, |
| RCW 46.61.504 | Physical control of vehicle under the influence, |
| RCW 46.20.342 | Driving while license suspended or revoked, |
| RCW 46.20.420 | Operation of motor vehicle under other license/permit prohibited while suspended or revoked, |
If the driver is arrested for a violation of RCW 46.20.342 (1)(c) (3rd degree suspended/revoked) and has no convictions for violations of RCW 46.20.342 in the past five years, the vehicle shall be impounded, but no suspended driver hold shall be placed on the vehicle. If the driver is also the registered owner then the vehicle shall be held until all outstanding penalties, fines, and forfeitures owed by him/her are satisfied. The driver/registered owner must present proof from a court of law that he/she has no outstanding penalties, fines, or forfeitures.
If the driver is arrested for a violation of RCW 46.20.342 (1)(c) (3rd degree suspended/revoked) and has any prior convictions for violations of RCW 46.20.342 in the past five years, the vehicle shall be held for thirty days.
If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree suspended/revoked) and has no convictions for violations of RCW 46.20.342 in the past five years, the vehicle shall be held for thirty days.
If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree suspended/revoked) and has been convicted of a violation of RCW 46.20.342 (1)(a) or (b) in the past five years, the vehicle shall be held for sixty days.
If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree suspended/revoked) and has been convicted of a violation of RCW 46.20.342 (1)(a) or (b) two or more times in the past five years, the vehicle shall be held for ninety days.
The release of all vehicles impounded under this WAC shall be governed by RCW 46.55.120. Commercially rented vehicles may be impounded, however no suspended driver holds shall be placed upon the vehicle. The rental company shall be notified by phone.
A vehicle may be released prior to the mandated hold period if the employer or spouse of the arrested driver establishes significant economic or personal hardship with the district commander of the district in which the vehicle was impounded. In making a hardship determination, the district commander shall consider public safety factors, including the driver's criminal history and driving record. All hardship release requests shall be in writing. Any denial or approval of a hardship release shall be in writing and shall include factors considered by the district commander in reaching the decision.
[Statutory Authority: RCW 46.55.113 and 46.55.120. 99-18-026, § 204-96-010, filed 8/24/99, effective 9/24/99.]