S‑0412.1 _____________________________________________
SENATE BILL 5375
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senators Kline, Swecker, Costa, Prentice, Rossi and Constantine
Read first time 01/19/2001. Referred to Committee on Transportation.
_1 AN ACT Relating to the auction and titling of abandoned
_2 vehicles; amending RCW 46.55.105, 46.55.130, 46.63.110, and
_3 46.12.101; and prescribing penalties.
_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_5 Sec. 1. RCW 46.55.105 and 1999 c 86 s 5 are each amended to read
_6 as follows:
_7 (1) The abandonment of any vehicle creates a prima facie
_8 presumption that the last registered owner of record is
_9 responsible for the abandonment and is liable for costs incurred
10 in removing, storing, and disposing of the abandoned vehicle, less
11 amounts realized at auction.
12 (2) If an unauthorized vehicle is found abandoned under
13 subsection (1) of this section and removed at the direction of law
14 enforcement, the last registered owner of record is guilty of a
15 traffic infraction and must pay the penalty imposed in RCW
16 46.63.110(2), unless the vehicle is redeemed as provided in RCW
17 46.55.120. In addition to any other monetary penalty payable under
18 chapter 46.63 RCW, the court shall not consider all monetary
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_1 penalties as having been paid until the court is satisfied that
_2 the person found to have committed the infraction has made
_3 restitution in the amount of the deficiency remaining after
_4 disposal of the vehicle under RCW 46.55.140.
_5 (3) A vehicle theft report filed with a law enforcement agency
_6 relieves the last registered owner of liability under subsection
_7 (2) of this section for failure to redeem the vehicle. However, the
_8 last registered owner remains liable for the costs incurred in
_9 removing, storing, and disposing of the abandoned vehicle under
10 subsection (1) of this section. Nothing in this section limits in
11 any way the registered owner's rights in a civil action or as
12 restitution in a criminal action against a person responsible for
13 the theft of the vehicle.
14 (4) Properly filing a report of sale or transfer regarding the
15 vehicle involved in accordance with RCW 46.12.101(1) relieves the
16 last registered owner of liability under subsections (1) and (2)
17 of this section. If the date of sale as indicated on the report of
18 sale is on or before the date of impoundment, the buyer identified
19 on the latest properly filed report of sale with the department is
20 assumed liable for the costs incurred in removing, storing, and
21 disposing of the abandoned vehicle, less amounts realized at
22 auction. If the date of sale is after the date of impoundment, the
23 previous registered owner is assumed to be liable for such costs. A
24 licensed vehicle dealer is not liable under subsections (1) and
25 (2) of this section if the dealer, as transferee or assignee of
26 the last registered owner of the vehicle involved, has complied
27 with the requirements of RCW 46.70.122 upon selling or otherwise
28 disposing of the vehicle, or if the dealer has timely filed a
29 transitional ownership record or report of sale under RCW
30 46.12.103. In that case the person to whom the licensed vehicle
31 dealer has sold or transferred the vehicle is assumed liable for
32 the costs incurred in removing, storing, and disposing of the
33 abandoned vehicle, less amounts realized at auction.
34 (5) For the purposes of reporting notices of traffic infraction
35 to the department under RCW 46.20.270 and 46.52.101, and for
36 purposes of reporting notices of failure to appear, respond, or
37 comply regarding a notice of traffic infraction to the department
SB 5375 p. 2
_1 under RCW 46.63.070(((5))) (6), a traffic
infraction under
_2 subsection (2) of this section is not considered to be a standing,
_3 stopping, or parking violation.
_4 (6) A notice of infraction for a violation of this section may
_5 be filed with a court of limited jurisdiction organized under
_6 Title 3, 35, or 35A RCW, or with a violations bureau subject to
_7 the court's jurisdiction.
_8 Sec. 2. RCW 46.55.130 and 2000 c 193 s 2 are each amended to read
_9 as follows:
10 (1) If, after the expiration of fifteen days from the date of
11 mailing of notice of custody and sale required in RCW 46.55.110(3)
12 to the registered and legal owners, the vehicle remains unclaimed
13 and has not been listed as a stolen vehicle, or a suspended
14 license impound has been directed, but no security paid under RCW
15 46.55.120, then the registered tow truck operator having custody
16 of the vehicle shall conduct a sale of the vehicle at public
17 auction after having first published a notice of the date, place,
18 and time of the auction in a newspaper of general circulation in
19 the county in which the vehicle is located not less than three
20 days and no more than ten days before the date of the auction. No
21 vehicle meeting the definition of junk vehicle, as defined in RCW
22 46.55.010, shall be resold at auction. The notice shall contain a
23 description of the vehicle including the make, model, year, and
24 license number and a notification that a three-hour public viewing
25 period will be available before the auction. The auction shall be
26 held during daylight hours of a normal business day.
27 (2) The following procedures are required in any public auction
28 of such abandoned vehicles:
29 (a) The auction shall be held in such a manner that all persons
30 present are given an equal time and opportunity to bid;
31 (b) All bidders must be present at the time of auction unless
32 they have submitted to the registered tow truck operator, who may
33 or may not choose to use the preauction bid method, a written bid
34 on a specific vehicle. Written bids may be submitted up to five
35 days before the auction and shall clearly state which vehicle is
36 being bid upon, the amount of the bid, and who is submitting the
37 bid;
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_1 (c) The open bid process, including all written bids, shall be
_2 used so that everyone knows the dollar value that must be
_3 exceeded;
_4 (d) The highest two bids received shall be recorded in written
_5 form and shall include the name, address, and telephone number of
_6 each such bidder;
_7 (e) In case the high bidder defaults, the next bidder has the
_8 right to purchase the vehicle for the amount of his or her bid;
_9 (f) ((The successful bidder shall apply for title
within
10 fifteen days;
11 (g))) The registered tow truck operator shall
post a copy of
12 the auction procedure at the bidding site. If the bidding site is
13 different from the licensed office location, the operator shall
14 post a clearly visible sign at the office location that describes
15 in detail where the auction will be held. At the bidding site a
16 copy of the newspaper advertisement that lists the vehicles for
17 sale shall be posted;
18 (((h))) (g) All surplus moneys derived
from the auction after
19 satisfaction of the registered tow truck operator's lien shall be
20 remitted within thirty days to the department for deposit in the
21 state motor vehicle fund. A report identifying the vehicles
22 resulting in any surplus shall accompany the remitted funds. If the
23 director subsequently receives a valid claim from the registered
24 vehicle owner of record as determined by the department within one
25 year from the date of the auction, the surplus moneys shall be
26 remitted to such owner;
27 (((i))) (h) If an operator receives no
bid, or if the operator
28 is the successful bidder at auction, the operator shall, within
29 forty-five days, sell the vehicle to a licensed vehicle wrecker,
30 hulk hauler, or scrap processor ((by use of the
abandoned vehicle
31 report- affidavit of sale)) subject to
subsection (4) of this
32 section, or the operator shall apply for title to the vehicle.
33 (3) A tow operator can refuse to accept a bid at an auction
34 under this section for any of the following reasons: (a) The
35 bidder is currently indebted to the operator; (b) the operator has
36 knowledge that the bidder has previously abandoned vehicles
37 purchased at auction; or (c) the bidder has purchased, at auction,
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_1 more than four vehicles in the last calendar year without
_2 obtaining title to any or all of the vehicles.
_3 (4)(a) The successful bidder must apply for title at the time
_4 the bidder takes possession of the vehicle. The application
_5 completed by the bidder must contain the following information:
_6 (i) The bidder's name, address, and phone number; (ii) the
_7 bidder's driver's license number; (iii) the name or names of the
_8 coowner or legal owner; and (iv) the vehicle identification number
_9 of the vehicle.
10 (b) If the successful bidder is a scrap processor or hulk
11 hauler, as those terms are defined in RCW 46.79.010, in addition
12 to the information required in this section, the bidder must also
13 include on the application the number of his or her hulk hauler or
14 scrap processor license.
15 (c) The tow operator must submit the completed application to
16 the department no later than five days after the successful bidder
17 takes possession of the vehicle.
18 (d) The department must ensure that all the information
19 contained in the application is available by electronic means to
20 law enforcement within seven days after the department receives
21 the application from the operator.
22 (e) The department may charge a reasonable fee to process the
23 application.
24 (5) In no case may an operator hold a vehicle for longer than
25 ninety days without holding an auction on the vehicle, except for
26 vehicles that are under a police or judicial hold.
27 (((4))) (6)(a) In no case may the
accumulation of storage
28 charges exceed fifteen days from the date of receipt of the
29 information by the operator from the department as provided by RCW
30 46.55.110(3).
31 (b) The failure of the registered tow truck operator to comply
32 with the time limits provided in this chapter limits the
33 accumulation of storage charges to five days except where delay is
34 unavoidable. Providing incorrect or incomplete identifying
35 information to the department in the abandoned vehicle report
36 shall be considered a failure to comply with these time limits if
37 correct information is available. However, storage charges begin to
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_1 accrue again on the date the correct and complete information is
_2 provided to the department by the registered tow truck operator.
_3 Sec. 3. RCW 46.63.110 and 1997 c 331 s 3 are each amended to read
_4 as follows:
_5 (1) A person found to have committed a traffic infraction shall
_6 be assessed a monetary penalty. No penalty may exceed two hundred
_7 and fifty dollars for each offense unless authorized by this
_8 chapter or title.
_9 (2) The monetary penalty for a violation of RCW 46.55.105(2) is
10 two hundred fifty dollars for each offense. No penalty assessed
11 under this subsection (2) shall be reduced.
12 (3) The supreme court shall prescribe by rule a schedule of
13 monetary penalties for designated traffic infractions. This rule
14 shall also specify the conditions under which local courts may
15 exercise discretion in assessing fines and penalties for traffic
16 infractions. The legislature respectfully requests the supreme
17 court to adjust this schedule every two years for inflation.
18 (((3))) (4) There shall be a penalty
of twenty-five dollars for
19 failure to respond to a notice of traffic infraction except where
20 the infraction relates to parking as defined by local law,
21 ordinance, regulation, or resolution or failure to pay a monetary
22 penalty imposed pursuant to this chapter. A local legislative body
23 may set a monetary penalty not to exceed twenty-five dollars for
24 failure to respond to a notice of traffic infraction relating to
25 parking as defined by local law, ordinance, regulation, or
26 resolution. The local court, whether a municipal, police, or
27 district court, shall impose the monetary penalty set by the local
28 legislative body.
29 (((4))) (5) Monetary penalties
provided for in chapter 46.70
30 RCW which are civil in nature and penalties which may be assessed
31 for violations of chapter 46.44 RCW relating to size, weight, and
32 load of motor vehicles are not subject to the limitation on the
33 amount of monetary penalties which may be imposed pursuant to this
34 chapter.
35 (((5))) (6) Whenever a monetary penalty
is imposed by a court
36 under this chapter it is immediately payable. If the person is
37 unable to pay at that time the court may, in its discretion, grant
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_1 an extension of the period in which the penalty may be paid. If the
_2 penalty is not paid on or before the time established for payment
_3 the court shall notify the department of the failure to pay the
_4 penalty, and the department shall suspend the person's driver's
_5 license or driving privilege until the penalty has been paid and
_6 the penalty provided in subsection (((3))) (4)
of this section has
_7 been paid.
_8 (((6))) (7) In addition to any other
penalties imposed under
_9 this section and not subject to the limitation of subsection (1)
10 of this section, a person found to have committed a traffic
11 infraction shall be assessed a fee of five dollars per
12 infraction. Under no circumstances shall this fee be reduced or
13 waived. Revenue from this fee shall be forwarded to the state
14 treasurer for deposit in the emergency medical services and trauma
15 care system trust account under RCW 70.168.040.
16 Sec. 4. RCW 46.12.101 and 1998 c 203 s 11 are each amended to read
17 as follows:
18 A transfer of ownership in a motor vehicle is perfected by
19 compliance with the requirements of this section.
20 (1) If an owner transfers his or her interest in a vehicle,
21 other than by the creation, deletion, or change of a security
22 interest, the owner shall, at the time of the delivery of the
23 vehicle, execute an assignment to the transferee and provide an
24 odometer disclosure statement under RCW 46.12.124 on the
25 certificate of ownership or as the department otherwise
26 prescribes, and cause the certificate and assignment to be
27 transmitted to the transferee. The owner shall notify the
28 department or its agents or subagents, in writing, on the
29 appropriate form, of the date of the sale or transfer, the name
30 and address of the owner and of the transferee, the transferee's
31 driver's license number if available, and such description of the
32 vehicle, including the vehicle identification number, the license
33 plate number, or both, as may be required in the appropriate form
34 provided or approved for that purpose by the department. The report
35 of sale will be deemed properly filed if all information required
36 in this section is provided on the form and includes a department-
37 authorized notation that the document was received by the
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_1 department, its agents, or subagents on or before the fifth day
_2 after the sale of the vehicle, excluding Saturdays, Sundays, and
_3 state and federal holidays. Agents and subagents shall immediately
_4 electronically transmit the seller's report of sale to the
_5 department. Reports of sale processed and recorded by the
_6 department's agents or subagents may be subject to fees as
_7 specified in RCW 46.01.140 (4)(a) or (5)(b).
_8 (2) The requirements of subsection (1) of this section to
_9 provide an odometer disclosure statement apply to the transfer of
10 vehicles held for lease when transferred to a lessee and then to
11 the lessor at the end of the leasehold and to vehicles held in a
12 fleet when transferred to a purchaser.
13 (3)(a) Except as provided in RCW 46.70.122 the transferee shall
14 within fifteen days after delivery to the transferee of the
15 vehicle, execute the application for a new certificate of
16 ownership in the same space provided therefor on the certificate
17 or as the department prescribes, and cause the certificates and
18 application to be transmitted to the department.
19 (b) If the vehicle is purchased at auction under RCW 46.55.130,
20 the purchaser must comply with the requirements of RCW 46.55.105
21 in lieu of this section.
22 (4) Upon request of the owner or transferee, a secured party in
23 possession of the certificate of ownership shall, unless the
24 transfer was a breach of its security agreement, either deliver
25 the certificate to the transferee for transmission to the
26 department or, when the secured party receives the owner's
27 assignment from the transferee, it shall transmit the transferee's
28 application for a new certificate, the existing certificate, and
29 the required fee to the department. Compliance with this section
30 does not affect the rights of the secured party.
31 (5) If a security interest is reserved or created at the time
32 of the transfer, the certificate of ownership shall be retained by
33 or delivered to the person who becomes the secured party, and the
34 parties shall comply with the provisions of RCW 46.12.170.
35 (6) If the purchaser or transferee fails or neglects to make
36 application to transfer the certificate of ownership and license
37 registration within fifteen days after the date of delivery of the
38 vehicle, he or she shall on making application for transfer be
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_1 assessed a twenty-five dollar penalty on the sixteenth day and two
_2 dollars additional for each day thereafter, but not to exceed one
_3 hundred dollars. The director may by rule establish conditions
_4 under which the penalty will not be assessed when an application
_5 for transfer is delayed for reasons beyond the control of the
_6 purchaser. Conditions for not assessing the penalty may be
_7 established for but not limited to delays caused by:
_8 (a) The department requesting additional supporting documents;
_9 (b) Extended hospitalization or illness of the purchaser;
10 (c) Failure of a legal owner to release his or her interest;
11 (d) Failure, negligence, or nonperformance of the department,
12 auditor, or subagent.
13 Failure or neglect to make application to transfer the
14 certificate of ownership and license registration within forty-
15 five days after the date of delivery of the vehicle is a
16 misdemeanor.
17 (7) Upon receipt of an application for reissue or replacement
18 of a certificate of ownership and transfer of license
19 registration, accompanied by the endorsed certificate of ownership
20 or other documentary evidence as is deemed necessary, the
21 department shall, if the application is in order and if all
22 provisions relating to the certificate of ownership and license
23 registration have been complied with, issue new certificates of
24 title and license registration as in the case of an original issue
25 and shall transmit the fees together with an itemized detailed
26 report to the state treasurer, to be deposited in the motor
27 vehicle fund.
28 (8) Once each quarter the department shall report to the
29 department of revenue a list of those vehicles for which a
30 seller's report has been received but no transfer of title has
31 taken place.
‑‑‑ END ‑‑‑
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