S-3561.1 _______________________________________________
SENATE BILL 6663
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Senators Roach, Haugen, Shin, Kohl‑Welles, Stevens, McDonald, Parlette, Prentice, Jacobsen, Honeyford and Gardner
Read first time 01/24/2002. Referred to Committee on Transportation.
AN ACT Relating to vehicle impoundment; and amending RCW 46.55.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 46.55.110 and 1999 c 398 s 6 are each amended to read as follows:
(1) When an
unauthorized vehicle is impounded, the impounding towing operator shall notify by
telephone and first-class mail, the legal and registered owners of the
impoundment of the unauthorized vehicle and shall notify by first-class mail
the owners of any other items of personal property registered or titled with
the department. Within twenty-four hours after impoundment, the impounding
towing operator shall make reasonable effort, using all publicly available
resources or information provided by the law enforcement agency, to ascertain
the home telephone number of the legal and registered owners of the vehicle and
notify the legal and registered owners of the impoundment. Telephone
notification must include: The name of the impounding towing operator, and its
address and telephone number; the location and time of impoundment; and on
whose authority the vehicle was impounded. Telephone notification shall also
include disclosure of the impoundment costs and vehicle storage fees charged by
the impounding towing operator. If the vehicle's registered or legal owner's
home telephone number is unpublished or otherwise unavailable through public
means described under this section, the impounding towing operator shall be
considered to have met the intent of this subsection. The notification by
first-class mail shall be sent ((by first-class mail)) within
twenty-four hours after the impoundment to the last known registered and legal
owners of the vehicle, and the owners of any other items of personal property
registered or titled with the department, as provided by the law enforcement
agency, and shall inform the owners of the identity of the person or agency
authorizing the impound. The notification shall include the name of the
impounding ((tow firm)) towing operator, its address, and
telephone number. The notice shall also include the location, time of the
impound, and by whose authority the vehicle was impounded. The notice shall
also include the written notice of the right of redemption and opportunity for
a hearing to contest the validity of the impoundment pursuant to RCW 46.55.120.
(2) In addition, if a suspended license impound has been ordered, the notice must state the length of the impound, the requirement of the posting of a security deposit to ensure payment of the costs of removal, towing, and storage, notification that if the security deposit is not posted the vehicle will immediately be processed and sold at auction as an abandoned vehicle, and the requirements set out in RCW 46.55.120(1)(b) regarding the payment of the costs of removal, towing, and storage as well as providing proof of satisfaction of any penalties, fines, or forfeitures before redemption. The notice must also state that the registered owner is ineligible to purchase the vehicle at the abandoned vehicle auction, if held.
(3) In the case of an abandoned vehicle, or other item of personal property registered or titled with the department, within twenty-four hours after receiving information on the owners from the department through the abandoned vehicle report, the tow truck operator shall send by certified mail, with return receipt requested, a notice of custody and sale to the legal and registered owners.
(4) If the date on which a notice required by subsection (3) of this section is to be mailed falls upon a Saturday, Sunday, or a postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday.
(5) No notices need be sent to the legal or registered owners of an impounded vehicle or other item of personal property registered or titled with the department, if the vehicle or personal property has been redeemed.
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