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

                               p. 1                       SB 5375

_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;

                               p. 3                       SB 5375

 

_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,

SB 5375                        p. 4

_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

                               p. 5                       SB 5375

_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

SB 5375                        p. 6

_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

                               p. 7                       SB 5375

_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

SB 5375                        p. 8

_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 ‑‑‑

                               p. 9                       SB 5375