WSR 06-19-101

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 19, 2006, 4:22 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-10-078.

Title of Rule and Other Identifying Information: WAC 308-61-135 and 308-61-175.

Hearing Location(s): Department of Licensing, Dealer and Manufacturer Services, 2424 Bristol Court S.W., Room 346, Olympia, WA 98502, on October 24, 2006, at 1:30 p.m.

Date of Intended Adoption: November 21, 2006.

Submit Written Comments to: Kim Johnson, P.O. Box 9039, Olympia, WA 98507, e-mail kijohnson@dol.wa.gov, fax (360) 586-6703, by October 17, 2006.

Assistance for Persons with Disabilities: Contact Nicole Cope by October 17, 2006, TTY (360) 664-8885 or (360) 664-6455.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amendment to WAC 308-61-135(3) is simply to added language dictated by amendments to chapter 9.45 RCW, RCW 46.12.101(6), and 46.12.102 enacted in 2006 by SSB 6676. The amendment to WAC 308-61-175(2) is dictated by amendments to RCW 46.55.130(1) in 2006 by SHB 1504. The amendment in WAC 308-61-175, new subsection (10) is a Washington state patrol request (probably to check for stolens).

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 46.55.190.

Statute Being Implemented: Chapter 46.55 RCW.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The amendments to WAC 308-61-135(3) and 308-61-175(2) are simply to accommodate new legislation. The amendment in WAC 308-61-175, new subsection (10) is to accommodate the WSP in law enforcement.

Name of Proponent: [Department of licensing], governmental.

Name of Agency Personnel Responsible for Drafting: Cal Sanders, 2424 Bristol Court, Olympia, WA 98502, (360) 664-6459; Implementation: Chuck Coach, 2424 Bristol Court, Olympia, WA 98502, (360) 664-6453; and Enforcement: Daniel Devoe, 2424 Bristol Court, Olympia, WA 98502, (360) 664-6451.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no small business impact.

A cost-benefit analysis is not required under RCW 34.05.328. There is no impact for the department of licensing or small business.

September 11, 2006

Daniel Devoe

Administrator

OTS-9213.1


AMENDATORY SECTION(Amending WSR 02-20-035, filed 9/24/02, effective 10/25/02)

WAC 308-61-135   Miscellaneous provisions.   (1) The properly executed written authority to tow or other evidence of lawful possession shall suffice in lieu of current license plates or trip permits for unauthorized or abandoned vehicles.

(2) Billing invoices must indicate the time of day when an unauthorized or abandoned vehicle arrived at the secure storage area.

(3) A seller's report of sale properly filed with the department on a form prescribed by the department shall relieve a registered owner from liability for costs incurred in the removal and storage of an unauthorized/abandoned vehicle, in addition to relieving that person from other liability pursuant to RCW 46.12.101, unless the transferee on the seller's report had no knowledge of the filing.

(4) The junk vehicle affidavit of sale as described in RCW 46.55.230 may be used to sell a vehicle to a licensed hulk hauler, scrap processor, vehicle wrecking yard or it may be used as a supporting document for issuance of a title.

(5) A stored vehicle may be redeemed any time before the start of auctioning of that particular vehicle.

(6) The notification to be sent by first-class mail within twenty-four hours after the impound must be sent to any lessor or lessee, as well as to the last known registered and legal owner (lien holder) of the vehicle.

(7) The written notice of the right of redemption and opportunity for a hearing to contest the validity of an impoundment, to be sent with the twenty-four hour impoundment notice on an unauthorized vehicle impoundment, must be separate and in addition to the notice of opportunity for a hearing given to those who redeem vehicles.

(8) As the record required in RCW 46.05.150(2) the registered tow truck operator must keep a copy of its twenty-four-hour impound notice to law enforcement.

(9) Information contained in the master log must include:

(a) The dates of impound and release of vehicles;

(b) Storage lot used if multiple lots;

(c) If impound was from public or from private property and the location where the vehicle was impounded;

(d) Identity of vehicle by year, make, model, license number, and vehicle identification number;

(e) Dates of all required notices to law enforcement and to vehicle owners;

(f) Date of auction advertisement and of auction;

(g) Amount of towing and storage lien;

(h) Amount of auction proceeds;

(i) Amount of surplus funds.

Entries on the master log must be made within seventy-two hours following the activity being logged.

[Statutory Authority: RCW 46.55.190. 02-20-035, 308-61-135, filed 9/24/02, effective 10/25/02; 00-01-058, 308-61-135, filed 12/10/99, effective 1/10/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. 93-08-076, 308-61-135, filed 4/6/93, effective 5/7/93. Statutory Authority: RCW 46.55.190. 90-01-060, 308-61-135, filed 12/18/89, effective 1/18/90. Statutory Authority: RCW 46.55.190, 46.80.140 and 46.79.080. 88-06-025 (Order DLR 164), 308-61-135, filed 2/25/88. Statutory Authority: Chapter 46.55 RCW. 86-03-011 (Order DLR-088), 308-61-135, filed 1/6/86.]


AMENDATORY SECTION(Amending WSR 02-20-035, filed 9/24/02, effective 10/25/02)

WAC 308-61-175   Procedures for selling vehicles.   How should a registered tow truck operator properly identify a vehicle in its custody and prepare for a vehicle auction?

(1) For purposes of advertising the sale of abandoned vehicles the vehicle identification number must be used if no license plates are on the vehicle.

(2) ((A newspaper of general circulation in the county shall mean a newspaper which is one of three with the largest circulation in the county where the sale will be conducted. The publisher need not reside in that same county.

(3))) If a vehicle in the custody of an operator is not identifiable, including no license plates or registration, the operator must conduct an examination of the vehicle only to determine its make, model, year and vehicle identification number which must be included on the abandoned vehicle report to the department.

(((4))) (3) If the department cannot provide owner information on a vehicle after the operator submits an abandoned vehicle report, the operator may then inspect the vehicle as permitted in RCW 46.55.100(5) to determine whether owner information is within the vehicle.

(((5))) (4) Upon inspection of the vehicle as provided in subsection (((4))) (3) of this section the operator may return the original abandoned vehicle report with additional information from the inspection of the vehicle to assist the department in providing owner information.

(((6))) (5) The department may require an inspection by the appropriate law enforcement agency to verify the vehicle identification number of an unidentified vehicle. All such information must be reported to the department, which will communicate with such other states as may be necessary to determine whether the registered and legal owner information is available for the vehicle.

(((7))) (6) After all reasonable efforts to obtain the owner information have proved unsuccessful, the vehicle may be disposed of in accordance with all procedures except that the notification to the registered and legal owners by certified or registered mail may be omitted. A record of all steps taken to locate the owner(s) of the vehicle must be kept by the operator for a period of three years.

(((8))) (7) If the operator elects to bid at auction, that bid must be disclosed as such, and must not merely be an effort to set a minimum for other bids. If an operator is the successful bidder and the bid exceeds the lien for towing and storage, the surplus funds must be remitted to the department just as in any other sale. The operator cannot elect to retain a vehicle at auction because the operator feels that the bidding is insufficient.

(((9))) (8) The ((three-hour)) public viewing period required in RCW 46.55.130(1) must be held at all times during daylight hours.

(((10))) (9) Auctions may be held on Saturdays or Sundays which are not legal holidays.

(10) Three days prior to any vehicle auction, tow companies must fax a listing of all vehicles, including year, make, model, and vehicle identification number, to their Washington state patrol business inspector. If there are any changes to the list, an updated/amended list must also be faxed to the Washington state patrol inspector.

[Statutory Authority: RCW 46.55.190. 02-20-035, 308-61-175, filed 9/24/02, effective 10/25/02; 00-01-058, 308-61-175, filed 12/10/99, effective 1/10/00; 91-20-121, 308-61-175, filed 9/30/91, effective 10/31/91. Statutory Authority: RCW 46.55.190, 46.80.140 and 46.79.080. 88-06-025 (Order DLR 164), 308-61-175, filed 2/25/88. Statutory Authority: Chapter 46.55 RCW. 86-03-011 (Order DLR-088), 308-61-175, filed 1/6/86.]

Washington State Code Reviser's Office