H-4273.1          _______________________________________________

                                  HOUSE BILL 2741

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By Representatives Honeyford, Lambert, Silver, Lisk and Thompson

Read first time 01/17/96.  Referred to Committee on Transportation.

Impounding a vehicle driven by a person without a license.

     AN ACT Relating to impoundment of a vehicle driven by a person without a driver's license; and amending RCW 46.55.113.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 46.55.113 and 1994 c 275 s 32 are each amended to read as follows:

Whenever the driver of a vehicle is arrested for a violation of RCW 46.20.021(1), 46.20.190, 46.20.342, or 46.20.420, the arresting officer shall take custody of the vehicle and provide for its prompt removal to a place of safety.

     Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, the arresting officer may take custody of the vehicle and provide for its prompt removal to a place of safety.  In addition, a police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:

     (1) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;

     (2) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;

     (3) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;

     (4) Whenever the driver of a vehicle is arrested and taken into custody by a police officer;

     (5) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;

     (6) Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property.

     Nothing in this section may derogate from the powers of police officers under the common law.  For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.

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