WSR 99-09-048

PREPROPOSAL STATEMENT OF INQUIRY

WASHINGTON STATE PATROL


[ Filed April 19, 1999, 11:10 a.m. ]

Subject of Possible Rule Making: New WAC 204-96-010 Vehicle impounds.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.55.113 and 46.55.120.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 46.55.113 requires an agency rule to make impounding DUI and suspended driver vehicles mandatory in the agency.

RCW 46.55.120 requires an agency rule to allow for hardship cases when impounding a suspended drivers' vehicle.

Process for Developing New Rule: Involved Washington State Patrol, Washington Tow Truck Association, Department of Licensing, and Attorney General's Office to ensure compliance to the new state law.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lt. Glen Cramer, P.O. Box 42600, Olympia, WA 98504, phone (360) 586-2340, fax (360) 586-1628.

April 15, 1999

Annette M. Sandberg

Chief

OTS-2928.2

Chapter 204-96 WAC

VEHICLE IMPOUNDS


NEW SECTION
WAC 204-96-010
Vehicle impounds.

When a driver of a vehicle is arrested for a violation of:

RCW 46.61.502Driving under the influence
RCW 46.61.504Physical control of vehicle under the influence
RCW 46.20.342Driving while license suspended or revoked
RCW 46.20.420Operation of motor vehicle under other license/permit prohibited while suspended or revoked,
the arresting officer shall cause the vehicle to be impounded.

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) (1st degree suspended/revoked-habitual offender) 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) 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) 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 spouse of the arrested driver establishes 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.

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Washington State Code Reviser's Office