AN ACT Relating to
court procedures following impoundment of vehicles; amending RCW 46.55.113 and
46.55.120; and repealing RCW 46.20.435.
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 46.61.502 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;
(7) Upon determining
that a person is operating a motor vehicle without a valid driver's license in
violation of RCW 46.20.021 or with a license that has been expired for ninety
days or more, or with a suspended or revoked license in violation of RCW
46.20.342 or 46.20.420.
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.
Sec. 2. RCW 46.55.120 and 1995 c
360 s 7 are each amended to read as follows:
(1) Vehicles or other
items of personal property registered or titled with the department that are
impounded by registered tow truck operators pursuant to RCW 46.55.080,
46.55.085, or 46.55.113 may be redeemed only under the following circumstances:
(a) Only the legal
owner, the registered owner, a person authorized in writing by the registered
owner or the vehicle's insurer, a person who is determined and verified by the
operator to have the permission of the registered owner of the vehicle or other
item of personal property registered or titled with the department, or one who
has purchased a vehicle or item of personal property registered or titled with
the department from the registered owner who produces proof of ownership or
written authorization and signs a receipt therefor, may redeem an impounded
vehicle or items of personal property registered or titled with the department.
(b) The vehicle or
other item of personal property registered or titled with the department shall
be released upon the presentation to any person having custody of the vehicle
of commercially reasonable tender sufficient to cover the costs of towing,
storage, or other services rendered during the course of towing, removing,
impounding, or storing any such vehicle. Commercially reasonable tender shall
include, without limitation, cash, major bank credit cards, or personal checks
drawn on in-state banks if accompanied by two pieces of valid identification,
one of which may be required by the operator to have a photograph. If the
towing firm can determine through the customer's bank or a check verification
service that the presented check would not be paid by the bank or guaranteed by
the service, the towing firm may refuse to accept the check. Any person who
stops payment on a personal check or credit card, or does not make restitution
within ten days from the date a check becomes insufficient due to lack of
funds, to a towing firm that has provided a service pursuant to this section or
in any other manner defrauds the towing firm in connection with services
rendered pursuant to this section shall be liable for damages in the amount of
twice the towing and storage fees, plus costs and reasonable attorney's fees.
(2)(a) The registered
tow truck operator shall give to each person who seeks to redeem an impounded
vehicle, or item of personal property registered or titled with the department,
written notice of the right of redemption and opportunity for a hearing, which
notice shall be accompanied by a form to be used for requesting a hearing, the
name of the person or agency authorizing the impound, and a copy of the towing
and storage invoice. The registered tow truck operator shall maintain a record
evidenced by the redeeming person's signature that such notification was provided.
(b) Any person seeking
to redeem an impounded vehicle under this section has a right to a hearing in
the district court for the jurisdiction in which the vehicle was impounded to
contest the validity of the impoundment or the amount of towing and storage
charges. The district court has jurisdiction to determine the issues involving
all impoundments including those authorized by the state or its agents. Any
request for a hearing shall be made in writing on the form provided for that
purpose and must be received by the district court within ten days of the date
the opportunity was provided for in subsection (2)(a) of this section. If the
hearing request is not received by the district court within the ten-day
period, the right to a hearing is waived and the registered owner is liable for
any towing, storage, or other impoundment charges permitted under this
chapter. Upon receipt of a timely hearing request, the district court shall
proceed to hear and determine the validity of the impoundment.
(3)(a) The district
court, within five days after the request for a hearing, shall notify the
registered tow truck operator, the person requesting the hearing if not the
owner, the registered and legal owners of the vehicle or other item of personal
property registered or titled with the department, and the person or agency
authorizing the impound in writing of the hearing date and time.
(b) At the hearing, the
person or persons requesting the hearing may produce any relevant evidence to
show that the impoundment, towing, or storage fees charged were not proper. The
court may consider a written report made under oath by the officer who
authorized the impoundment in lieu of the officer's personal appearance at the
hearing.
(c) At the conclusion
of the hearing, the district court shall determine whether the impoundment was
proper, whether the towing or storage fees charged were in compliance with the
posted rates, and who is responsible for payment of the fees. The court may
not adjust fees or charges that are in compliance with the posted or contracted
rates.
(d) If the impoundment
is found proper, the impoundment, towing, and storage fees as permitted under
this chapter together with court costs shall be assessed against the person or
persons requesting the hearing, unless the operator did not have a signed and
valid impoundment authorization from a private property owner or an authorized
agent.
(e) If the impoundment
is determined to be in violation of this chapter, then the registered and legal
owners of the vehicle or other item of personal property registered or titled
with the department shall bear no impoundment, towing, or storage fees, and any
security shall be returned or discharged as appropriate, and the person or
agency who authorized the impoundment shall be liable for any towing, storage,
or other impoundment fees permitted under this chapter. The court shall enter
judgment in favor of the registered tow truck operator against the person or
agency authorizing the impound for the impoundment, towing, and storage fees
paid. In addition, the court shall enter judgment in favor of the registered
and legal owners of the vehicle, or other item of personal property registered
or titled with the department, for reasonable damages for loss of the use of
the vehicle during the time the same was impounded, for not less than fifty
dollars per day, against the person or agency authorizing the impound. If any
judgment entered is not paid within fifteen days of notice in writing of its
entry, the court shall award reasonable attorneys' fees and costs against the
defendant in any action to enforce the judgment. Notice of entry of judgment
may be made by registered or certified mail, and proof of mailing may be made
by affidavit of the party mailing the notice. Notice of the entry of the
judgment shall read essentially as follows:
TO: . . . . . .
YOU
ARE HEREBY NOTIFIED JUDGMENT was entered against you in the
. . . . . . Court located at
. . . . . . in the sum of
$. . . . . ., in an action entitled
. . . . . ., Case No. . . . . YOU ARE
FURTHER NOTIFIED that attorneys fees and costs will be awarded against you
under RCW . . . if the judgment is not paid within 15 days of the
date of this notice.
DATED
this . . . . day of . . . . . .,
19. . .
Signature
..................
Typed
name and address
of
party mailing notice
(4) Any impounded
abandoned vehicle or item of personal property registered or titled with the
department that is not redeemed within fifteen days of mailing of the notice of
custody and sale as required by RCW 46.55.110(2) shall be sold at public auction
in accordance with all the provisions and subject to all the conditions of RCW
46.55.130. A vehicle or item of personal property registered or titled with
the department may be redeemed at any time before the start of the auction upon
payment of the applicable towing and storage fees.
NEW
SECTION. Sec. 3. RCW 46.20.435 and 1995 c
360 s 9, 1985 c 391 s 1, & 1982 c 8 s 1 are each repealed.
