AN ACT Relating to
salvaged vehicles; amending RCW 46.12.310, 46.80.005, 46.80.010, 46.80.020,
46.80.040, 46.80.050, 46.80.060, 46.80.070, 46.80.080, 46.80.090, 46.80.100,
46.80.110, 46.80.130, 46.80.150, 46.80.160, 46.80.170, 46.80.900, 46.12.030,
and 46.70.180; reenacting and amending RCW 46.63.020; adding new sections to
chapter 46.12 RCW; adding new sections to chapter 46.80 RCW; creating a new
section; repealing RCW 46.12.360 and 46.80.055; and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 46.12 RCW to read as follows:
It is a class C felony
for a person to sell or convey a vehicle certificate of ownership except in
conjunction with the sale or transfer of the vehicle for which the certificate
was originally issued.
Sec. 2. RCW 46.12.310 and
1975-'76 2nd ex.s. c 91 s 2 are each amended to read as follows:
(1) Any vehicle,
watercraft, camper, or any component part thereof, from which the
manufacturer's serial number or any other distinguishing number or identification
mark has been removed, defaced, covered, altered, obliterated, or destroyed, ((there
being reasonable grounds to believe that such was done for the purpose of
concealing or misrepresenting identity, shall)) may be impounded and
held by the seizing law enforcement agency for the purpose of conducting an
investigation to determine the identity of the article or articles, and to
determine whether it had been reported stolen.
(2) Within five days of
the impounding of any vehicle, watercraft, camper, or component part thereof,
the law enforcement agency seizing the article or articles shall send written
notice of such impoundment by certified mail to all persons known to the agency
as claiming an interest in the article or articles. The seizing agency shall
exercise reasonable diligence in ascertaining the names and addresses of those
persons claiming an interest in the article or articles. Such notice shall
advise the person of the fact of seizure, the possible disposition of the
article or articles, the requirement of filing a written claim requesting
notification of potential disposition, and the right of the person to request a
hearing to establish a claim of ownership. Within five days of receiving
notice of other persons claiming an interest in the article or articles, the
seizing agency shall send a like notice to each such person.
(3) If reported as
stolen, the seizing law enforcement agency shall promptly release such vehicle,
watercraft, camper, or parts thereof as have been stolen, to the person who is
the lawful owner or the lawful successor in interest, upon receiving proof that
such person presently owns or has a lawful right to the possession of the
article or articles.
Sec. 3. RCW 46.80.005 and 1977
ex.s. c 253 s 1 are each amended to read as follows:
The legislature finds
and declares that the distribution and sale of vehicle parts in the state of
Washington vitally affects the general economy of the state and the public
interest and the public welfare, and that in order to promote the public
interest and the public welfare and in the exercise of its police power, it is
necessary to regulate and license ((motor)) vehicle wreckers and
dismantlers, the buyers-for-resale, and the sellers of second-hand vehicle
components doing business in Washington, in order to prevent the sale of stolen
vehicle parts, to prevent frauds, impositions, and other abuses, and to
preserve the investments and properties of the citizens of this state.
Sec. 4. RCW 46.80.010 and 1977
ex.s. c 253 s 2 are each amended to read as follows:
The definitions set
forth in this section apply throughout this chapter.
(1) "((Motor))
Vehicle wrecker((,))" ((whenever used in this chapter,
shall)) means every person, firm, partnership, association, or
corporation engaged in the business of buying, selling, or dealing in vehicles
of a type required to be licensed under the laws of this state, for the purpose
of wrecking, dismantling, disassembling, or substantially changing the form of
((any motor)) a vehicle, or who buys or sells integral
second-hand parts of component material thereof, in whole or in part, or who
deals in second-hand ((motor)) vehicle parts. (2) "Established
place of business((,))" ((whenever used in this chapter, shall))
means a building or enclosure which the ((motor)) vehicle wrecker
occupies either continuously or at regular periods and where his books and
records are kept and business is transacted and which must conform with zoning
regulations.
(3) "Major
component part"((, whenever used in this chapter, shall)) includes
at least each of the following vehicle parts: (a) Engines and short blocks;
(b) frame; (c) transmission and/or transfer case; (d) cab; (e) door; (f) front
or rear differential; (g) front or rear clip; (h) quarter panel; (i) truck bed
or box; (j) seat; (k) hood; ((and)) (l) bumper; (m) fender; and (n)
airbag. The director may supplement this list by rule.
(4) "Wrecked vehicle"((,
whenever used in this chapter, shall)) means a vehicle which is
disassembled or dismantled or a vehicle which is acquired with the intent to
dismantle or disassemble and never again to operate as a vehicle, or a vehicle
which has sustained such damage that its cost to repair exceeds the fair market
value of a like vehicle which has not sustained such damage, or a damaged
vehicle whose salvage value plus cost to repair equals or exceeds its fair
market value, if repaired, or a vehicle which has sustained such damage or
deterioration that it may not lawfully operate upon the highways of this state
for which the salvage value plus cost to repair exceeds its fair market value,
if repaired; further, it is presumed that a vehicle is a wreck if it has sustained
such damage or deterioration that it may not lawfully operate upon the highways
of this state.
Sec. 5. RCW 46.80.020 and 1979 c
158 s 192 are each amended to read as follows:
It ((shall be)) is
unlawful for ((any motor vehicle wrecker, as defined herein,)) a
person to engage in the business of wrecking ((motor)) vehicles ((or
trailers)) without having first applied for and received a license ((from
the department of licensing authorizing him so to do)). A person or firm
engaged in the unlawful activity is guilty of a gross misdemeanor. A second or
subsequent offense is a class C felony.
Sec. 6. RCW 46.80.040 and 1971
ex.s. c 7 s 3 are each amended to read as follows:
((Such)) The
application, together with a fee of twenty-five dollars, and a surety bond as
((hereinafter)) provided in RCW 46.80.070, shall be forwarded to
the department. Upon receipt of the application the department shall, if the
application ((be)) is in order, issue a ((motor)) vehicle
wrecker's license authorizing ((him)) the wrecker to do business
as such and forward the fee((, together with an itemized and detailed
report,)) to the state treasurer, to be deposited in the motor vehicle
fund. Upon receiving the certificate the owner shall cause it to be
prominently displayed in ((his)) the place of business, where it
may be inspected by an investigating officer at any time.
Sec. 7. RCW 46.80.050 and 1985 c
109 s 7 are each amended to read as follows:
A license issued on
this application ((shall)) remains in force until suspended or
revoked and may be renewed annually upon reapplication according to RCW
46.80.030 and upon payment of a fee of ten dollars. ((Any motor)) A
vehicle wrecker who fails or neglects to renew ((his)) the
license before the assigned expiration date shall ((be required to)) pay
the fee for an original ((motor)) vehicle wrecker license as provided in
this chapter.
Whenever a ((motor))
vehicle wrecker ceases to do business as such or ((his)) the
license has been suspended or revoked, ((he)) the wrecker shall
immediately surrender ((such)) the license to the department.
Sec. 8. RCW 46.80.060 and 1961 c
12 s 46.80.060 are each amended to read as follows:
The ((motor))
vehicle wrecker shall obtain a special set of license plates in addition to the
regular licenses and plates required for the operation of such vehicles ((which
shall)). The special plates must be displayed on vehicles owned
and/or operated by ((him)) the wrecker and used in the conduct of
((his)) the business. The fee for these plates shall be five
dollars for the original plates and two dollars for each additional set of
plates bearing the same license number. A wrecker with more than one
licensed location in the state may use special plates bearing the same license
number for vehicles operated out of any of the licensed locations.
Sec. 9. RCW 46.80.070 and 1977
ex.s. c 253 s 5 are each amended to read as follows:
Before issuing a ((motor))
vehicle wrecker's license, the department shall require the applicant to file
with ((said)) the department a surety bond in the amount of one
thousand dollars, running to the state of Washington and executed by a surety
company authorized to do business in the state of Washington. ((Such)) The
bond shall be approved as to form by the attorney general and conditioned ((that
such)) upon the wrecker ((shall conduct his)) conducting
the business in conformity with the provisions of this chapter. Any person
who ((shall have)) has suffered any loss or damage by reason of
fraud, carelessness, neglect, violation of the terms of this chapter, or
misrepresentation on the part of the wrecking company, ((shall have the
right to)) may institute an action for recovery against ((such
motor)) the vehicle wrecker and surety upon ((such)) the
bond((: PROVIDED, That)). However, the aggregate liability of
the surety to all persons shall in no event exceed the amount of the bond.
Sec. 10. RCW 46.80.080 and 1977
ex.s. c 253 s 6 are each amended to read as follows:
(1) Every ((motor))
vehicle wrecker shall maintain books or files in which ((he)) the
wrecker shall keep a record and a description of:
(a) Every vehicle
wrecked, dismantled, disassembled, or substantially altered by ((him)) the
wrecker; and
(b) Every major
component part acquired by ((him)) the wrecker; together with a
bill of sale signed by a seller whose identity has been verified and the name
and address of the person, firm, or corporation from whom ((he)) the
wrecker purchased the vehicle or part((: PROVIDED, That)). Major
component parts shall be further identified by the vehicle identification
number of the vehicle from which the part came.
(2) ((Such)) The
record shall also contain the following data regarding the wrecked or acquired
vehicle or vehicle ((which)) that is the source of a major
component part:
(a) The certificate of
title number (if previously titled in this or any other state);
(b) Name of state where
last registered;
(c) Number of the last
license number plate issued;
(d) Name of vehicle;
(e) Motor or
identification number and serial number of the vehicle;
(f) Date purchased;
(g) Disposition of the
motor and chassis;
(h) Yard number
assigned by the licensee to the vehicle or major component part, which
shall also appear on the identified vehicle or part; and
(i) Such other
information as the department may require.
(3) ((Such)) The
records shall also contain a bill of sale signed by the seller for other minor
component parts acquired by the licensee, identifying the seller by name,
address, and date of sale.
(4) ((Such)) The
records shall be maintained by the licensee at his or her established
place of business for a period of three years from the date of acquisition.
(5) ((Such record
shall be)) The record is subject to inspection at all times during
regular business hours by members of the police department, sheriff's office,
members of the Washington state patrol, or officers or employees of the
department.
(6) A ((motor))
vehicle wrecker shall also maintain a similar record of all disabled vehicles
that have been towed or transported to the motor vehicle wrecker's place of
business or to other places designated by the owner of the vehicle or his or
her representative. This record shall specify the name and description of
the vehicle, name of owner, number of license plate, condition of the vehicle
and place to which it was towed or transported.
(7) Failure to
comply with this section is a gross misdemeanor.
Sec. 11. RCW 46.80.090 and 1979 c
158 s 194 are each amended to read as follows:
Within thirty days
after acquiring a vehicle ((has been acquired by the motor vehicle
wrecker it shall be the duty of such motor)), the vehicle wrecker ((to))
shall furnish a written report to the department ((on forms furnished
by the department)). This report shall be in such form as the department
shall prescribe and shall be accompanied by ((the certificate of title, if
the vehicle has been last registered in a state which issues a certificate, or
a record of registration if registered in a state which does not issue a
certificate of title)) evidence of ownership as determined by the
department. No ((motor)) vehicle wrecker ((shall)) may
acquire a vehicle without first obtaining ((such record or title. It shall
be the duty of the motor)) evidence of ownership as determined by the
department. The vehicle wrecker ((to)) shall furnish a
monthly report of all acquired vehicles ((wrecked, dismantled,
disassembled, or substantially changed in form by him)). This report shall
be made on forms prescribed by the department and contain such information as
the department may require. This statement shall be signed by the ((motor))
vehicle wrecker or ((his)) an authorized representative and the
facts therein sworn to before a notary public, or before an officer or employee
of the department ((of licensing)) designated by the director to
administer oaths or acknowledge signatures, pursuant to RCW 46.01.180.
Sec. 12. RCW 46.80.100 and 1977
ex.s. c 253 s 8 are each amended to read as follows:
If, after issuing a ((motor))
vehicle wrecker's license, the bond is canceled by the surety in a method
provided by law, the department shall immediately notify the principal covered
by ((such)) the bond ((by registered mail)) and afford ((him))
the principal the opportunity of obtaining another bond before the
termination of the original ((and should such)). If the
principal fails, neglects, or refuses to obtain ((such))
a replacement, the director may cancel or suspend the ((motor))
vehicle wrecker's license ((which has been issued to him under the
provisions of this chapter)). Notice of cancellation of the bond may be
accomplished by sending a notice by first class mail using the last known
address in department records for the principal covered by the bond and
recording the transmittal on an affidavit of first class mail.
Sec. 13. RCW 46.80.110 and 1989 c
337 s 17 are each amended to read as follows:
(1) The director
or a designee may, pursuant to the provisions of chapter 34.05 RCW, by order
deny, suspend, or revoke the license of ((any motor)) a vehicle
wrecker, or assess a civil fine of up to five hundred dollars for each
violation, if the director finds that the applicant or licensee has:
(((1))) (a)
Acquired a vehicle or major component part other than by first obtaining title
or other documentation as provided by this chapter;
(((2))) (b)
Willfully misrepresented the physical condition of any motor or integral part
of a ((motor)) vehicle;
(((3))) (c)
Sold, had in ((his)) the wrecker's possession, or disposed of a
((motor)) vehicle ((or trailer)) or any part thereof when he or
she knows that ((such)) the vehicle or part has been stolen,
or appropriated without the consent of the owner;
(((4))) (d)
Sold, bought, received, concealed, had in ((his)) the wrecker's
possession, or disposed of a ((motor)) vehicle ((or trailer)) or
part thereof having a missing, defaced, altered, or covered manufacturer's
identification number, unless approved by a law enforcement officer;
(((5))) (e)
Committed forgery or misstated a material fact on any title, registration, or
other document covering a vehicle that has been reassembled from parts obtained
from the disassembling of other vehicles;
(((6))) (f)
Committed any dishonest act or omission ((which)) that the
director has reason to believe has caused loss or serious inconvenience as a result
of a sale of a ((motor)) vehicle((, trailer,)) or part thereof;
(((7))) (g)
Failed to comply with any of the provisions of this chapter or with any of the
rules adopted under it, or with any of the provisions of Title 46 RCW relating
to registration and certificates of title of vehicles;
(((8))) (h)
Procured a license fraudulently or dishonestly ((or that such license was
erroneously issued));
(((9))) (i)
Been convicted of a crime that directly relates to the business of a vehicle
wrecker and the time elapsed since conviction is less than ten years, or
suffered any judgment within the preceding five years in any civil action
involving fraud, misrepresentation, or conversion. For the purposes of this
section, conviction means in addition to a final conviction in either a
federal, state, or municipal court, an unvacated forfeiture of bail or
collateral deposited to secure a defendant's appearance in court, the payment
of a fine, a plea of guilty, or a finding of guilt regardless of whether the
sentence is deferred or the penalty is suspended.
(2) In addition to
actions by the department under this section, it is a gross misdemeanor to
violate subsection (1) (a), (b), or (h) of this section.
NEW SECTION. Sec.
14. A new section is added
to chapter 46.80 RCW to read as follows:
If a person whose
vehicle wrecker license has previously been canceled for cause by the
department files an application for a license to conduct business as a vehicle
wrecker, or if the department is of the opinion that the application is not
filed in good faith or that the application is filed by some person as a
subterfuge for the real person in interest whose license has previously been
canceled for cause, the department may refuse to issue the person a license to
conduct business as a vehicle wrecker.
Sec. 15. RCW 46.80.130 and 1971
ex.s. c 7 s 9 are each amended to read as follows:
(1) It ((shall
be)) is unlawful for ((any motor)) a vehicle wrecker
to keep ((any motor)) a vehicle or any integral part thereof in
any place other than the established place of business, designated in the
certificate issued by the department, without permission of the department.
(2) All premises
containing ((such motor)) vehicles or parts thereof shall be enclosed by
a wall or fence of such height as to obscure the nature of the business carried
on therein. To the extent reasonably necessary or permitted by the topography
of the land, the department ((shall have the right to)) may
establish specifications or standards for ((said)) the fence or
wall((: PROVIDED, HOWEVER, That such)). The wall or fence shall
be painted or stained a neutral shade ((which shall)) that blends
in with the surrounding premises, and ((that such)) the wall or
fence must be kept in good repair. A living hedge of sufficient density to
prevent a view of the confined area may be substituted for such a wall or
fence. Any dead or dying portion of ((such)) the hedge shall be
replaced.
(3) Violation of
subsection (1) of this section is a gross misdemeanor.
Sec. 16. RCW 46.80.150 and 1983 c
142 s 9 are each amended to read as follows:
It shall be the duty of
the chiefs of police, or the Washington state patrol, in cities having a
population of over five thousand persons, and in all other cases the Washington
state patrol, to make periodic inspection of the ((motor)) vehicle
wrecker's licensed premises and records provided for in this chapter during
normal business hours, and furnish a certificate of inspection to the
department in such manner as may be determined by the department((:
PROVIDED, That the above inspection)). In any instance ((can be
made by)), an authorized representative of the department may
make the inspection.
Sec. 17. RCW 46.80.160 and 1961 c
12 s 46.80.160 are each amended to read as follows:
Any municipality or
political subdivision of this state ((which)) that now has or
subsequently makes provision for the regulation of ((automobile)) vehicle
wreckers shall comply strictly with the provisions of this chapter.
Sec. 18. RCW 46.80.170 and 1977
ex.s. c 253 s 11 are each amended to read as follows:
((It shall be)) Unless
otherwise provided by law, it is a ((gross)) misdemeanor for any
person to violate any of the provisions of this chapter or the rules ((and
regulations promulgated as provided)) adopted under this chapter((,
and any person so convicted shall be punished by imprisonment for not less than
thirty days or more than one year in jail or by a fine of one thousand dollars)).
NEW SECTION. Sec.
19. A new section is added
to chapter 46.80 RCW to read as follows:
(1) If it appears to
the director that an unlicensed person has engaged in an act or practice
constituting a violation of this chapter, or a rule adopted or an order issued
under this chapter, the director may issue an order directing the person to
cease and desist from continuing the act or practice. The director shall give
the person reasonable notice of and opportunity for a hearing. The director
may issue a temporary order pending a hearing. The temporary order remains in
effect until ten days after the hearing is held and becomes final if the person
to whom the notice is addressed does not request a hearing within fifteen days
after receipt of the notice.
(2) The director may
assess a fine of up to one thousand dollars with the final order for each act
or practice constituting a violation of this chapter by an unlicensed person.
NEW SECTION. Sec.
20. A new section is added
to chapter 46.80 RCW to read as follows:
The department of
licensing or its authorized agent may examine or subpoena any persons, books,
papers, records, data, vehicles, or vehicle parts bearing upon the
investigation or proceeding under this chapter.
The persons subpoenaed
may be required to testify and produce any books, papers, records, data,
vehicles, or vehicle parts that the director deems relevant or material to the
inquiry.
The director or an
authorized agent may administer an oath to the person required to testify, and
a person giving false testimony after the administration of the oath is guilty
of perjury in the first degree.
A court of competent
jurisdiction may, upon application by the director, issue to a person who fails
to comply, an order to appear before the director or officer designated by the
director, to produce documentary or other evidence touching the matter under
investigation or in question.
Sec. 21. RCW 46.80.900 and 1977
ex.s. c 253 s 13 are each amended to read as follows:
The provisions of this
chapter shall be liberally construed to the end that traffic in stolen vehicle
parts may be prevented, and irresponsible, unreliable, or dishonest persons may
be prevented from engaging in the business of wrecking ((motor))
vehicles or selling used vehicle parts in this state and reliable persons may
be encouraged to engage in businesses of wrecking or reselling vehicle parts in
this state.
NEW SECTION. Sec.
22. (1) The legislature
recognizes that currently the state patrol inspects rebuilt vehicles for stolen
parts. However, they are not authorized to perform complete safety
inspections.
(2) The state patrol
shall assemble a study group and complete a study, to be submitted to the
legislative transportation committee no later than January 1, 1996, on the
feasibility of implementing safety inspections for vehicles that are rebuilt
after surrender of the certificate of ownership to the department of licensing
under RCW 46.12.070 due to the vehicle's destruction or declaration as a total
loss. The study shall include, but is not limited to:
(a) An examination of
safety inspection systems in other states;
(b) A determination of
how a safety inspection program might be implemented in Washington state;
(c) An analysis of the
cost of conducting a safety inspection and who should be responsible for
bearing those costs; and
(d) An evaluation of
whether state agencies or private business might most effectively and
efficiently conduct safety inspections.
(3) The study group
prescribed in subsection (2) of this section must include representatives of
the state patrol, the department of licensing, the Washington traffic safety
commission, the insurance industry, the autobody industry, and other
appropriate groups.
(4) Section 24 of this
act and RCW 46.12.050 require notification on the certificates of ownership and
registration as to whether a vehicle has previously been destroyed or declared
a total loss. The department of licensing, in consultation with the study
group members prescribed in subsection (3) of this section, shall study the
feasibility of expanding the notification requirement to apply to all vehicles,
regardless of age. The study group shall also develop a recommendation
regarding the feasibility of differentiating on the certificates of ownership
and registration whether the vehicle has sustained cosmetic damage or
structural damage. The department shall report its findings to the legislative
transportation committee no later than January 1, 1996.
Sec. 23. RCW 46.12.030 and 1990 c
238 s 1 are each amended to read as follows:
The application for
certificate of ownership shall be upon a blank form to be furnished by the
department and shall contain:
(1) A full description
of the vehicle, which shall contain the proper vehicle identification number,
the number of miles indicated on the odometer at the time of delivery of the
vehicle, and any distinguishing marks of identification;
(2) The name and
address of the person who is to be the registered owner of the vehicle and, if
the vehicle is subject to a security interest, the name and address of the
secured party;
(3) Such other
information as the department may require. The department may in any instance,
in addition to the information required on the application, require additional
information and a physical examination of the vehicle or of any class of
vehicles, or either. A physical examination of the vehicle is mandatory if it
previously was registered in any other state or country or if it has been rebuilt
after surrender of the certificate of ownership to the department under RCW
46.12.070 due to the vehicle's destruction or declaration as a total loss.
The inspection must verify that the vehicle identification number is genuine
and agrees with the number shown on the foreign title and registration
certificate. If the vehicle is from a jurisdiction that does not issue titles,
the inspection must verify that the vehicle identification number is genuine
and agrees with the number shown on the registration certificate. The
inspection must also confirm that the license plates on the vehicle are those
assigned to the vehicle by the jurisdiction in which the vehicle was previously
licensed. The inspection must be made by a member of the Washington state patrol
or other person authorized by the department to make such inspections.
The application shall
be subscribed by the registered owner and be sworn to by that applicant in the
manner described by RCW 9A.72.085. The department shall retain the application
in either the original, computer, or photostatic form.
NEW SECTION. Sec.
24. A new section is added
to chapter 46.12 RCW to read as follows:
(1) Effective January
1, 1997, the department shall issue a unique certificate of ownership and
certificate of license registration, as required by chapter 46.16 RCW, for
vehicles less than four years old that are rebuilt after surrender of the
certificate of ownership to the department under RCW 46.12.070 due to the
vehicle's destruction or declaration as a total loss. Each certificate shall
conspicuously display across its front, a word indicating that the vehicle was
rebuilt.
(2) Beginning January
1, 1997, upon inspection of a vehicle that has been rebuilt under RCW
46.12.030, the state patrol shall securely affix or inscribe a marking at the
driver's door latch pillar indicating that the vehicle has previously been
destroyed or declared a total loss.
(3) It is a class C
felony for a person to remove the marking prescribed in subsection (2) of this
section.
(4) The department may
adopt rules as necessary to implement this section.
Sec. 25. RCW 46.63.020 and 1994 c
275 s 33 and 1994 c 141 s 2 are each reenacted and amended to read as follows:
Failure to perform any
act required or the performance of any act prohibited by this title or an
equivalent administrative regulation or local law, ordinance, regulation, or
resolution relating to traffic including parking, standing, stopping, and
pedestrian offenses, is designated as a traffic infraction and may not be
classified as a criminal offense, except for an offense contained in the
following provisions of this title or a violation of an equivalent
administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2)
relating to the operation of a nonhighway vehicle while under the influence of
intoxicating liquor or a controlled substance;
(2) RCW 46.09.130
relating to operation of nonhighway vehicles;
(3) RCW 46.10.090(2) relating
to the operation of a snowmobile while under the influence of intoxicating
liquor or narcotics or habit‑forming drugs or in a manner endangering the
person of another;
(4) RCW 46.10.130
relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW
relating to certificates of ownership and registration and markings
indicating that a vehicle has been destroyed or declared a total loss;
(6) RCW 46.16.010
relating to initial registration of motor vehicles;
(7) RCW 46.16.011
relating to permitting unauthorized persons to drive;
(8) RCW 46.16.160
relating to vehicle trip permits;
(9) RCW 46.16.381 (6)
or (9) relating to unauthorized use or acquisition of a special placard or
license plate for disabled persons' parking;
(10) RCW 46.20.021
relating to driving without a valid driver's license;
(11) RCW 46.20.336
relating to the unlawful possession and use of a driver's license;
(12) RCW 46.20.342
relating to driving with a suspended or revoked license or status;
(13) RCW 46.20.410
relating to the violation of restrictions of an occupational driver's license;
(14) RCW 46.20.420
relating to the operation of a motor vehicle with a suspended or revoked
license;
(15) RCW 46.20.750
relating to assisting another person to start a vehicle equipped with an
ignition interlock device;
(16) RCW 46.25.170
relating to commercial driver's licenses;
(17) Chapter 46.29 RCW
relating to financial responsibility;
(18) RCW 46.30.040
relating to providing false evidence of financial responsibility;
(19) RCW 46.37.435
relating to wrongful installation of sunscreening material;
(20) RCW 46.44.180
relating to operation of mobile home pilot vehicles;
(21) RCW 46.48.175
relating to the transportation of dangerous articles;
(22) RCW 46.52.010
relating to duty on striking an unattended car or other property;
(23) RCW 46.52.020
relating to duty in case of injury to or death of a person or damage to an
attended vehicle;
(24) RCW 46.52.090
relating to reports by repairmen, storagemen, and appraisers;
(25) RCW 46.52.100
relating to driving under the influence of liquor or drugs;
(26) RCW 46.52.130
relating to confidentiality of the driving record to be furnished to an
insurance company, an employer, and an alcohol/drug assessment or treatment
agency;
(27) RCW 46.55.020
relating to engaging in the activities of a registered tow truck operator
without a registration certificate;
(28) RCW 46.55.035
relating to prohibited practices by tow truck operators;
(29) RCW 46.61.015
relating to obedience to police officers, flagmen, or fire fighters;
(30) RCW 46.61.020
relating to refusal to give information to or cooperate with an officer;
(31) RCW 46.61.022
relating to failure to stop and give identification to an officer;
(32) RCW 46.61.024 relating
to attempting to elude pursuing police vehicles;
(33) RCW 46.61.500
relating to reckless driving;
(34) RCW 46.61.502,
46.61.504, 46.61.5051, 46.61.5052, and 46.61.5053 relating to persons under the
influence of intoxicating liquor or drugs;
(35) RCW 46.61.520
relating to vehicular homicide by motor vehicle;
(36) RCW 46.61.522
relating to vehicular assault;
(37) RCW 46.61.525
relating to negligent driving;
(38) RCW 46.61.527(4)
relating to reckless endangerment of roadway workers;
(39) RCW 46.61.530
relating to racing of vehicles on highways;
(40) RCW 46.61.685
relating to leaving children in an unattended vehicle with the motor running;
(41) RCW 46.64.010
relating to unlawful cancellation of or attempt to cancel a traffic citation;
(42) RCW 46.64.048
relating to attempting, aiding, abetting, coercing, and committing crimes;
(43) Chapter 46.65 RCW
relating to habitual traffic offenders;
(44) Chapter 46.70 RCW
relating to unfair motor vehicle business practices, except where that chapter
provides for the assessment of monetary penalties of a civil nature;
(45) Chapter 46.72 RCW
relating to the transportation of passengers in for hire vehicles;
(46) Chapter 46.80 RCW
relating to motor vehicle wreckers;
(47) Chapter 46.82 RCW
relating to driver's training schools;
(48) RCW 46.87.260
relating to alteration or forgery of a cab card, letter of authority, or other
temporary authority issued under chapter 46.87 RCW;
(49) RCW 46.87.290
relating to operation of an unregistered or unlicensed vehicle under chapter
46.87 RCW.
Sec. 26. RCW 46.70.180 and 1994 c
284 s 13 are each amended to read as follows:
Each of the following
acts or practices is unlawful:
(1) To cause or permit
to be advertised, printed, displayed, published, distributed, broadcasted,
televised, or disseminated in any manner whatsoever, any statement or
representation with regard to the sale or financing of a vehicle which is
false, deceptive, or misleading, including but not limited to the following:
(a) That no down
payment is required in connection with the sale of a vehicle when a down
payment is in fact required, or that a vehicle may be purchased for a smaller
down payment than is actually required;
(b) That a certain
percentage of the sale price of a vehicle may be financed when such financing
is not offered in a single document evidencing the entire security transaction;
(c) That a certain
percentage is the amount of the service charge to be charged for financing,
without stating whether this percentage charge is a monthly amount or an amount
to be charged per year;
(d) That a new vehicle
will be sold for a certain amount above or below cost without computing cost as
the exact amount of the factory invoice on the specific vehicle to be sold;
(e) That a vehicle will
be sold upon a monthly payment of a certain amount, without including in the
statement the number of payments of that same amount which are required to
liquidate the unpaid purchase price.
(2) To incorporate
within the terms of any purchase and sale agreement any statement or
representation with regard to the sale or financing of a vehicle which is
false, deceptive, or misleading, including but not limited to terms that
include as an added cost to the selling price of a vehicle an amount for
licensing or transfer of title of that vehicle which is not actually due to the
state, unless such amount has in fact been paid by the dealer prior to such
sale.
(3) To set up, promote,
or aid in the promotion of a plan by which vehicles are to be sold to a person
for a consideration and upon further consideration that the purchaser agrees to
secure one or more persons to participate in the plan by respectively making a
similar purchase and in turn agreeing to secure one or more persons likewise to
join in said plan, each purchaser being given the right to secure money,
credits, goods, or something of value, depending upon the number of persons
joining the plan.
(4) To commit, allow,
or ratify any act of "bushing" which is defined as follows: Taking
from a prospective buyer of a vehicle a written order or offer to purchase, or
a contract document signed by the buyer, which:
(a) Is subject to the
dealer's, or his or her authorized representative's future acceptance, and the
dealer fails or refuses within forty-eight hours, exclusive of Saturday,
Sunday, or legal holiday, and prior to any further negotiations with said
buyer, to deliver to the buyer either the dealer's signed acceptance or all
copies of the order, offer, or contract document together with any initial
payment or security made or given by the buyer, including but not limited to
money, check, promissory note, vehicle keys, a trade-in, or certificate of
title to a trade-in; or
(b) Permits the dealer
to renegotiate a dollar amount specified as trade-in allowance on a vehicle
delivered or to be delivered by the buyer as part of the purchase price, for
any reason except:
(i) Failure to
disclose that the vehicle's certificate of ownership has been branded for any
reason, including, but not limited to, status as a rebuilt vehicle as provided
in RCW 46.12.050 and section 24 of this act; and
(ii) Substantial
physical damage or latent mechanical defect occurring before the dealer took
possession of the vehicle and which could not have been reasonably discoverable
at the time of the taking of the order, offer, or contract; or
(c) Fails to comply
with the obligation of any written warranty or guarantee given by the dealer
requiring the furnishing of services or repairs within a reasonable time.
(5) To commit any
offense relating to odometers, as such offenses are defined in RCW 46.37.540,
46.37.550, 46.37.560, and 46.37.570. A violation of this subsection is a class
C felony punishable under chapter 9A.20 RCW.
(6) For any vehicle
dealer or vehicle salesman to refuse to furnish, upon request of a prospective
purchaser, the name and address of the previous registered owner of any used
vehicle offered for sale.
(7) To commit any other
offense under RCW 46.37.423, 46.37.424, or 46.37.425.
(8) To commit any
offense relating to a dealer's temporary license permit, including but not
limited to failure to properly complete each such permit, or the issuance of
more than one such permit on any one vehicle.
(9) For a dealer,
salesman, or mobile home manufacturer, having taken an instrument or cash
"on deposit" from a purchaser prior to the delivery of the bargained-for
vehicle, to commingle the "on deposit" funds with assets of the
dealer, salesman, or mobile home manufacturer instead of holding the "on
deposit" funds as trustee in a separate trust account until the purchaser
has taken delivery of the bargained-for vehicle. Delivery of a manufactured
home shall be deemed to occur in accordance with RCW 46.70.135(5). Failure,
immediately upon receipt, to endorse "on deposit" instruments to such
a trust account, or to set aside "on deposit" cash for deposit in such
trust account, and failure to deposit such instruments or cash in such trust
account by the close of banking hours on the day following receipt thereof,
shall be evidence of intent to commit this unlawful practice: PROVIDED,
HOWEVER, That a motor vehicle dealer may keep a separate trust account which
equals his or her customary total customer deposits for vehicles for future
delivery. For purposes of this section, "on deposit" funds received
from a purchaser of a manufactured home means those funds that a seller
requires a purchaser to advance before ordering the manufactured home, but does
not include any loan proceeds or moneys that might have been paid on an
installment contract.
(10) For a dealer or
manufacturer to fail to comply with the obligations of any written warranty or
guarantee given by the dealer or manufacturer requiring the furnishing of goods
and services or repairs within a reasonable period of time, or to fail to
furnish to a purchaser, all parts which attach to the manufactured unit
including but not limited to the undercarriage, and all items specified in the
terms of a sales agreement signed by the seller and buyer.
(11) For a vehicle
dealer to pay to or receive from any person, firm, partnership, association, or
corporation acting, either directly or through a subsidiary, as a buyer's agent
for consumers, any compensation, fee, gratuity, or reward in connection with
the purchase or sale of a new motor vehicle.
(12) For a buyer's
agent acting directly or through a subsidiary to pay to or to receive from any
motor vehicle dealer any compensation, fee, gratuity, or reward in connection
with the purchase or sale of a new motor vehicle.
(13) For a buyer's
agent to arrange for or to negotiate the purchase, or both, of a new motor
vehicle through an out-of-state dealer without disclosing in writing to the
customer that the new vehicle would not be subject to chapter 19.118 RCW.
(14) Being a
manufacturer, other than a motorcycle manufacturer governed by chapter 46.94
RCW, to:
(a) Coerce or attempt
to coerce any vehicle dealer to order or accept delivery of any vehicle or
vehicles, parts or accessories, or any other commodities which have not been
voluntarily ordered by the vehicle dealer: PROVIDED, That recommendation,
endorsement, exposition, persuasion, urging, or argument are not deemed to
constitute coercion;
(b) Cancel or fail to
renew the franchise or selling agreement of any vehicle dealer doing business
in this state without fairly compensating the dealer at a fair going business
value for his or her capital investment which shall include but not be limited
to tools, equipment, and parts inventory possessed by the dealer on the day he
or she is notified of such cancellation or termination and which are still
within the dealer's possession on the day the cancellation or termination is
effective, if: (i) The capital investment has been entered into with
reasonable and prudent business judgment for the purpose of fulfilling the
franchise; and (ii) the cancellation or nonrenewal was not done in good faith.
Good faith is defined as the duty of each party to any franchise to act in a
fair and equitable manner towards each other, so as to guarantee one party
freedom from coercion, intimidation, or threats of coercion or intimidation from
the other party: PROVIDED, That recommendation, endorsement, exposition,
persuasion, urging, or argument are not deemed to constitute a lack of good
faith.
(c) Encourage, aid,
abet, or teach a vehicle dealer to sell vehicles through any false, deceptive,
or misleading sales or financing practices including but not limited to those
practices declared unlawful in this section;
(d) Coerce or attempt
to coerce a vehicle dealer to engage in any practice forbidden in this section
by either threats of actual cancellation or failure to renew the dealer's
franchise agreement;
(e) Refuse to deliver
any vehicle publicly advertised for immediate delivery to any duly licensed
vehicle dealer having a franchise or contractual agreement for the retail sale
of new and unused vehicles sold or distributed by such manufacturer within
sixty days after such dealer's order has been received in writing unless caused
by inability to deliver because of shortage or curtailment of material, labor,
transportation, or utility services, or by any labor or production difficulty,
or by any cause beyond the reasonable control of the manufacturer;
(f) To provide under
the terms of any warranty that a purchaser of any new or unused vehicle that
has been sold, distributed for sale, or transferred into this state for resale
by the vehicle manufacturer may only make any warranty claim on any item
included as an integral part of the vehicle against the manufacturer of that
item.
Nothing in this section
may be construed to impair the obligations of a contract or to prevent a
manufacturer, distributor, representative, or any other person, whether or not
licensed under this chapter, from requiring performance of a written contract
entered into with any licensee hereunder, nor does the requirement of such
performance constitute a violation of any of the provisions of this section if
any such contract or the terms thereof requiring performance, have been freely
entered into and executed between the contracting parties. This paragraph and
subsection (14)(b) of this section do not apply to new motor vehicle
manufacturers governed by chapter 46.96 RCW.
(15) Unlawful transfer
of an ownership interest in a motor vehicle as defined in RCW 19.116.050.
NEW SECTION. Sec.
27. The following acts or
parts of acts are each repealed:
(1) RCW 46.12.360 and
1990 c 42 s 325, 1980 c 32 s 7, & 1975-'76 2nd ex.s. c 91 s 7; and
(2) RCW 46.80.055 and
1985 c 109 s 8.
