CERTIFICATION OF ENROLLMENT
HOUSE BILL 2844
Chapter
200, Laws of 1992
52nd
Legislature
1992
Regular Session
TOW TRUCK OPERATORS‑-DEFICIENCY CLAIMS ON
LAW ENFORCEMENT IMPOUNDS
EFFECTIVE
DATE: 6/11/92
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Passed by the House March 7,
1992
Yeas 95 Nays 1
 JOE KING
Speaker of the
House of Representatives
Passed by the Senate March 3,
1992
Yeas 40 Nays 0
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CERTIFICATE
I, Alan Thompson, Chief Clerk of
the House of Representatives of the State of Washington, do hereby certify
that the attached is HOUSE BILL 2844 as passed by the House of
Representatives and the Senate on the dates hereon set forth.
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 JOEL PRITCHARD
President of the Senate
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 ALAN THOMPSON
Chief
Clerk
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Approved April 2, 1992 Place Style On Codes above, and Style Off Codes below.
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FILED
April 2, 1992 -
11:39 a.m.
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BOOTH GARDNER
Governor of the State of Washington
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Secretary
of State
State of
Washington
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_______________________________________________
HOUSE
BILL 2844
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 01/29/92.
Referred to Committee on Transportation.Removing the
limitation on deficiency claims against owners of vehicles subjected to a law
enforcement impound.
AN ACT
Relating to deficiency claims against owners of impounded vehicles; and
amending RCW 46.55.140.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.55.140 and 1991 c 20 s 2 are each amended to read as follows:
(1) A
registered tow truck operator who has a valid and signed impoundment
authorization has a lien upon the impounded vehicle for services provided in
the towing and storage of the vehicle, unless the impoundment is determined to
have been invalid. The lien does not apply to personal property in or upon the
vehicle that is not permanently attached to or is not an integral part of the
vehicle. The registered tow truck operator also has a deficiency claim against
the registered owner of the vehicle for services provided in the towing and
storage of the vehicle not to exceed the sum of three hundred dollars less the
amount bid at auction, and for vehicles of over ten thousand pounds gross
vehicle weight, the operator has a deficiency claim of one thousand dollars
less the amount bid at auction, unless the impound is determined to be
invalid. The limitation on towing and storage deficiency claims does not
apply to an impound directed by a law enforcement officer. In no case may
the cost of the auction or a buyer's fee be added to the amount charged for the
vehicle at the auction, the vehicle's lien, or the overage due. A registered
owner who has completed and filed with the department the seller's report as
provided for by RCW 46.12.101 and has timely and properly filed the seller's
report is relieved of liability under this section. The person named as the
new owner of the vehicle on the timely and properly filed seller's report shall
assume liability under this section.
(2)
Any person who tows, removes, or otherwise disturbs any vehicle parked,
stalled, or otherwise left on privately owned or controlled property, and any
person owning or controlling the private property, or either of them, are
liable to the owner or operator of a vehicle, or each of them, for
consequential and incidental damages arising from any interference with the
ownership or use of the vehicle which does not comply with the requirements of
this chapter.
Passed the
House March 7, 1992.
Passed the
Senate March 3, 1992.
Approved by the Governor April 2, 1992.
Filed in Office of Secretary
of State April 2, 1992.