WSR 15-19-105
PERMANENT RULES
WASHINGTON STATE PATROL
[Filed September 18, 2015, 8:31 a.m., effective October 19, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: With the passage of SB 5207 during the 2015 legislative session, the Washington state patrol is in need of updating its rules with regard to the office hours for registered tow truck operators.
Citation of Existing Rules Affected by this Order: Amending WAC 204-91A-120.
Statutory Authority for Adoption: RCW 46.55.115.
Adopted under notice filed as WSR 15-15-126 on July 17, 2015.
Changes Other than Editing from Proposed to Adopted Version: Additional changes were made to revert back to the original language discussed with industry with some additional amendments. These changes require that tow companies designate an hour for their break but allow for the hour to be changed the same day if there is an emergent business need, customer transaction or inspection. Amendments also clarify when charges may be resumed and that electronic notification may be made to the inspector.
A final cost-benefit analysis is available by contacting Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504, phone (360) 596-4017, fax (360) 596-4015, e-mail melissa.vangorkom@wsp.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 17, 2015.
John R. Batiste
Chief
AMENDATORY SECTION (Amending WSR 09-09-118, filed 4/21/09, effective 5/22/09)
WAC 204-91A-120 Business office hours and records.
(1) Business hours ((for purposes of inspection of records, place of business, and towing equipment must be 8 a.m. to 5 p.m., excluding weekends and state recognized holidays)) will be in accordance with RCW 46.55.060(6). Businesses that close for an hour between 11:00 a.m. and 1:00 p.m. must:
(a) Designate the hour that they intend to use on a daily basis and notify the patrol of the designated hour annually at the time of inspection. The designated hour may be:
(i) Changed by providing notice to the patrol at least seventy-two hours in advance. Electronic notification to the inspector will be considered an acceptable form of providing notice.
(ii) Adjusted the same day if a customer transaction occurs during the designated hour or an emergent business need arises provided that:
(A) The adjusted time is taken between 11:00 a.m. and 1:00 p.m.;
(B) The total amount of time the business office is closed does not exceed one hour; and
(C) Notice is provided:
(I) At the door regarding the return time with a telephone number at which personnel can be reached as required per RCW 46.55.060; and
(II) To the inspector electronically within twenty-four hours if adjusted for an emergent business need.
(b) Notify the public of the designated hour that they intend to be closed, which must be posted on the door with a telephone number at which personnel can be reached as required by RCW 46.55.060.
(c) Remain accessible to law enforcement or department of licensing if they are in the process of performing an inspection or investigation. Adjustments to the designated hour may be made if an investigation or inspection occurs during the designated hour provided that:
(i) The adjusted time is taken between 11:00 a.m. and 1:00 p.m.;
(ii) Notice is provided at the door regarding the return time with a telephone number at which personnel can be reached as required per RCW 46.55.060; and
(iii) The total amount of time the business office is closed does not exceed one hour.
(2) The owner/operator must have personnel at the place of business during business hours to answer phone calls and to release vehicles and personal property. Persons from adjoining or neighboring businesses may not be used to meet this requirement. Phones may not be forwarded to an answering service during normal business hours.
(3) When an operator is not open for business and does not have personnel present at the place of business, the operator must post a clearly visible telephone number at the business location to advise the public how to make contact for the release of vehicles or personal property.
(4) The owner/operator must maintain personnel who ((can be contacted)) must be:
(a) Available twenty-four hours a day to release impounded vehicles within a sixty-minute period of time. ((The personnel must be)) If personnel are contacted during the hour the business has designated to be closed under subsection (1) of this section, personnel must:
(i) Log the time of the call;
(ii) Return to the business within no more than one-half hour;
(iii) Calculate the storage fees based on the time of the call. If the owner or the owner's authorized representative does not redeem the vehicle at the time the operator returns to the business, the vehicle storage fees will accrue as if charges had not ceased at the time of the call.
(b) Identifiable as representing the company.
(5) All billing invoices must be numbered and must contain the following information:
(a) Date of service and tow truck operator's name.
(b) Time of departure in response to the call.
(c) Time service completed.
(d) Class of tow truck.
(e) If the towing call is for a Washington state patrol request, another police agency, a private impound, or the result of a private citizen request.
(f) All fees for service must be itemized.
(g) The date and time the vehicle was released.
(6) Yard cards containing the information in subsection (5) of this section may be used for internal control of vehicles by the operator until the vehicle is released, sold, or otherwise disposed of. Yard cards are supplemental to, and do not replace the invoice required above.
(7) A copy of the invoice must be filed by invoice number at the business location and a copy of any voided invoice must be retained in this same file. Another copy of the invoice must be included with the transaction file items identified in RCW 46.55.150.