WSR 99-13-134

PROPOSED RULES

WASHINGTON STATE PATROL


[ Filed June 17, 1999, 4:30 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-09-048.

Title of Rule: WAC 204-96-010 Vehicle impounds.

Purpose: To make agency rules as described in chapter 46.113 RCW and RCW 46.55.120.

Statutory Authority for Adoption: RCW 46.55.113, 46.55.120.

Summary: RCW 46.55.113 requires an agency rule to make impounding DUI and suspended drivers' vehicles mandatory in the agency. RCW 46.55.120 requires an agency rule to allow for hardship cases when impounding a suspended drivers' vehicle.

Reasons Supporting Proposal: Session Laws of 1997.

Name of Agency Personnel Responsible for Drafting: Ms. Kymm Cox, Assistant Attorney General, P.O. Box 40100, (360) 753-2579; Implementation and Enforcement: Commander Jim LaMunyon, P.O. Box 42600, (360) 586-2340.

Name of Proponent: Washington State Patrol, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: To enforce the legislative intent - impoundment of DUI and suspended drivers' vehicles. This should impact repeat offenders by taking more of them off the highways.

Proposal Changes the Following Existing Rules: It changes the "may" impound a DUI, suspended drivers' vehicle to "shall." The change allows for hardship cases involving suspended drivers' spouses.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The new law should assist business.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Washington State Patrol Commercial Vehicle Conference Room, Ground Floor, General Administration Building, 210 11th S.W., Olympia, WA 98504, on August 3, 1999, at 10:30 a.m.

Assistance for Persons with Disabilities: Contact Cami Feek by August 2, 1999, (360) 753-0678.

Submit Written Comments to: Lieutenant Glen Cramer, P.O. Box 42600, Olympia, WA 98504, fax (360) 586-1628, by July 28, 1999.

Date of Intended Adoption: August 4, 1999.

June 10, 1999

R. M. Leichner

for Annette M. Sandberg

Chief

OTS-2928.3

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 46.61.502 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,


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) (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 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