AN
ACT Relating to procedures for vehicle registration transfers and impound;
amending RCW 46.12.101, 46.12.102, 46.20.031, 46.20.289, 46.55.075, 46.55.085,
46.55.100, 46.55.105, 46.55.110, 46.55.130, 46.55.230, 46.63.030, and
46.63.110; and creating new sections.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.12.101 and 1998 c 203 s 11 are each amended to read as follows:
A
transfer of ownership in a motor vehicle is perfected by compliance with the
requirements of this section.
(1)
If an owner transfers his or her interest in a vehicle, other than by the
creation, deletion, or change of a security interest, the owner shall, at the
time of the delivery of the vehicle, execute an assignment to the transferee
and provide an odometer disclosure statement under RCW 46.12.124 on the
certificate of ownership or as the department otherwise prescribes, and cause
the certificate and assignment to be transmitted to the transferee. The owner
shall notify the department or its agents or subagents, in writing, on the
appropriate form, of the date of the sale or transfer, the name and address of
the owner and of the transferee, the transferee's driver's license number if
available, and such description of the vehicle, including the vehicle
identification number, the license plate number, or both, as may be required in
the appropriate form provided or approved for that purpose by the department.
The report of sale will be deemed properly filed if all information required in
this section is provided on the form and includes a department-authorized
notation that the document was received by the department, its agents, or
subagents on or before the fifth day after the sale of the vehicle, excluding
Saturdays, Sundays, and state and federal holidays. Agents and subagents shall
immediately electronically transmit the seller's report of sale to the
department. Reports of sale processed and recorded by the department's agents
or subagents may be subject to fees as specified in RCW 46.01.140 (4)(a) or
(5)(b). By January 1, 2003, the department shall create a system enabling
the seller of a vehicle to transmit the report of sale electronically. The
system created by the department must immediately indicate on the department's
vehicle record that a seller's report of sale has been filed.
(2)
The requirements of subsection (1) of this section to provide an odometer
disclosure statement apply to the transfer of vehicles held for lease when
transferred to a lessee and then to the lessor at the end of the leasehold and
to vehicles held in a fleet when transferred to a purchaser.
(3)
Except as provided in RCW 46.70.122 the transferee shall within fifteen days
after delivery to the transferee of the vehicle, execute the application for a
new certificate of ownership in the same space provided therefor on the
certificate or as the department prescribes, and cause the certificates and
application to be transmitted to the department.
(4)
Upon request of the owner or transferee, a secured party in possession of the
certificate of ownership shall, unless the transfer was a breach of its
security agreement, either deliver the certificate to the transferee for
transmission to the department or, when the secured party receives the owner's
assignment from the transferee, it shall transmit the transferee's application
for a new certificate, the existing certificate, and the required fee to the
department. Compliance with this section does not affect the rights of the
secured party.
(5)
If a security interest is reserved or created at the time of the transfer, the
certificate of ownership shall be retained by or delivered to the person who
becomes the secured party, and the parties shall comply with the provisions of
RCW 46.12.170.
(6)
If the purchaser or transferee fails or neglects to make application to
transfer the certificate of ownership and license registration within fifteen
days after the date of delivery of the vehicle, he or she shall on making
application for transfer be assessed a twenty-five dollar penalty on the
sixteenth day and two dollars additional for each day thereafter, but not to
exceed one hundred dollars. The director may by rule establish conditions
under which the penalty will not be assessed when an application for transfer
is delayed for reasons beyond the control of the purchaser. Conditions for not
assessing the penalty may be established for but not limited to delays caused
by:
(a)
The department requesting additional supporting documents;
(b)
Extended hospitalization or illness of the purchaser;
(c)
Failure of a legal owner to release his or her interest;
(d)
Failure, negligence, or nonperformance of the department, auditor, or subagent.
Failure
or neglect to make application to transfer the certificate of ownership and
license registration within forty-five days after the date of delivery of the
vehicle is a misdemeanor.
(7)
Upon receipt of an application for reissue or replacement of a certificate of
ownership and transfer of license registration, accompanied by the endorsed
certificate of ownership or other documentary evidence as is deemed necessary,
the department shall, if the application is in order and if all provisions
relating to the certificate of ownership and license registration have been complied
with, issue new certificates of title and license registration as in the case
of an original issue and shall transmit the fees together with an itemized
detailed report to the state treasurer, to be deposited in the motor vehicle
fund.
(8)
Once each quarter the department shall report to the department of revenue a
list of those vehicles for which a seller's report has been received but no
transfer of title has taken place.
Sec.
2. RCW
46.12.102 and 1984 c 39 s 2 are each amended to read as follows:
(1)
An owner who has made a bona fide sale or transfer of a vehicle and has
delivered possession of it to a purchaser shall not by reason of any of the
provisions of this title be deemed the owner of the vehicle so as to be subject
to civil liability or criminal liability for the operation of the vehicle
thereafter by another person when the owner has also fulfilled both of the
following requirements:
(((1)))
(a) When ((he)) the owner has made proper endorsement and
delivery of the certificate of ownership and has delivered the certificate of
registration as provided in this chapter;
(((2)))
(b) When ((he)) the owner has delivered to the department
either ((the notice as provided in)) a properly filed report of sale
that includes all of the information required in RCW 46.12.101(1) and is
delivered to the department within five days of the sale of the vehicle
excluding Saturdays, Sundays, and state and federal holidays, or
appropriate documents for registration of the vehicle pursuant to the sale or
transfer.
(2)
When a registered tow truck operator submits an abandoned vehicle report to the
department for a vehicle sold at an abandoned vehicle auction, any previous
owner is relieved of civil or criminal liability for the operation of the
vehicle from the date of sale thereafter, and liability is transferred to the
purchaser of the vehicle as listed on the abandoned vehicle report.
Sec.
3. RCW
46.20.031 and 1999 c 6 s 7 are each amended to read as follows:
The
department shall not issue a driver's license to a person:
(1)
Who is under the age of sixteen years;
(2)
Whose driving privilege has been withheld unless and until the department may
authorize the driving privilege under RCW 46.20.311;
(3)
Who has been classified as an alcoholic, drug addict, alcohol abuser, or drug
abuser by a program approved by the department of social and health services.
The department may, however, issue a license if the person:
(a)
Has been granted a deferred prosecution under chapter 10.05 RCW; or
(b)
Is satisfactorily participating in or has successfully completed an alcohol or
drug abuse treatment program approved by the department of social and health
services and has established control of his or her alcohol or drug abuse
problem;
(4)
Who has previously been adjudged to be mentally ill or insane, or to be
incompetent due to a mental disability or disease. The department shall,
however, issue a license to the person if he or she otherwise qualifies and:
(a)
Has been restored to competency by the methods provided by law; or
(b)
The superior court finds the person able to operate a motor vehicle with safety
upon the highways during such incompetency;
(5)
Who has not passed the driver's licensing examination required by RCW 46.20.120
and 46.20.305, if applicable;
(6)
Who is required under the laws of this state to deposit proof of financial
responsibility and who has not deposited such proof;
(7)
Who is unable to safely operate a motor vehicle upon the highways due to a
physical or mental disability. The department's conclusion that a person is
barred from licensing under this subsection must be reasonable and be based
upon good and substantial evidence. This determination is subject to review by
a court of competent jurisdiction((;
(8)
Who has violated his or her written promise to appear, respond, or comply
regarding a notice of infraction issued for abandonment of a vehicle in
violation of RCW 46.55.105, unless:
(a)
The court has not notified the department of the violation;
(b)
The department has received notice from the court showing that the person has
been found not to have committed the violation of RCW 46.55.105; or
(c)
The person has paid all monetary penalties owing, including completion of
community service, and the court is satisfied that the person has made
restitution as provided by RCW 46.55.105(2))).
Sec.
4. RCW
46.20.289 and 1999 c 274 s 1 are each amended to read as follows:
The
department shall suspend all driving privileges of a person when the department
receives notice from a court under RCW 46.63.070(((5))) (6),
46.63.110(5), or 46.64.025 that the person has failed to respond to a notice of
traffic infraction, failed to appear at a requested hearing, violated a written
promise to appear in court, or has failed to comply with the terms of a notice
of traffic infraction or citation, other than for ((a notice of a violation
of RCW 46.55.105 or)) a standing, stopping, or parking violation. A
suspension under this section takes effect thirty days after the date the
department mails notice of the suspension, and remains in effect until the
department has received a certificate from the court showing that the case has
been adjudicated, and until the person meets the requirements of RCW
46.20.311. In the case of failure to respond to a traffic infraction issued
under RCW 46.55.105, the department shall suspend all driving privileges until
the person provides evidence from the court that all penalties and restitution
have been paid. A suspension under this section does not take effect if,
prior to the effective date of the suspension, the department receives a
certificate from the court showing that the case has been adjudicated.
Sec.
5. RCW
46.55.075 and 1999 c 398 s 3 are each amended to read as follows:
(1)
The Washington state patrol shall provide by rule for a uniform impound
authorization and inventory form. All law enforcement agencies must use this
form for all vehicle impounds after June 30, 2001.
(2)
By January 1, 2003, the Washington state patrol shall develop uniform impound
procedures, which must include but are not limited to defining an impound and a
visual inspection. Local law enforcement agencies shall adopt the procedures
by July 1, 2003.
Sec.
6. RCW
46.55.085 and 1993 c 121 s 1 are each amended to read as follows:
(1)
A law enforcement officer discovering an unauthorized vehicle left within a
highway right of way shall attach to the vehicle a readily visible notification
sticker. The sticker shall contain the following information:
(a)
The date and time the sticker was attached;
(b)
The identity of the officer;
(c)
A statement that if the vehicle is not removed within twenty-four hours from
the time the sticker is attached, the vehicle may be taken into custody and
stored at the owner's expense; ((and))
(d)
A statement that if the vehicle is not redeemed as provided in RCW
46.55.120, the registered owner will have committed the traffic infraction of
littering--abandoned vehicle; and
(e)
The address and telephone number where additional information may be obtained.
(2)
If the vehicle has current Washington registration plates, the officer shall
check the records to learn the identity of the last owner of record. The
officer or his department shall make a reasonable effort to contact the owner
by telephone in order to give the owner the information on the notification
sticker.
(3)
If the vehicle is not removed within twenty-four hours from the time the
notification sticker is attached, the law enforcement officer may take custody
of the vehicle and provide for the vehicle's removal to a place of safety. A
vehicle that does not pose a safety hazard may remain on the roadside for more
than twenty-four hours if the owner or operator is unable to remove it from the
place where it is located and so notifies law enforcement officials and
requests assistance.
(4)
For the purposes of this section a place of safety includes the business
location of a registered tow truck operator.
NEW
SECTION. Sec. 7. The
Washington state patrol and local law enforcement agencies shall convene a task
force to consider the advantages and disadvantages of law enforcement agencies
immediately transmitting, electronically or by facsimile, the impound
authorization form to the impounding tow operator. The task force shall report
its findings and recommendations to the house of representatives and senate
transportation committees by January 1, 2003.
NEW
SECTION. Sec. 8. The
department of licensing shall study the feasibility of requiring the seller of
a vehicle to remove the vehicle's license plates at the time of the sale. The
department shall specifically examine the fiscal impacts of implementing this
proposal, the experiences of other states, and the advantages and disadvantages
of this proposal. The department shall report its findings and recommendations
to the house of representatives and senate transportation committees by January
1, 2003.
Sec.
9. RCW
46.55.100 and 1999 c 398 s 5 are each amended to read as follows:
(1)
At the time of impoundment the registered tow truck operator providing the
towing service shall give immediate notification, by telephone or radio, to a
law enforcement agency having jurisdiction who shall maintain a log of such
reports. A law enforcement agency, or a private communication center acting on
behalf of a law enforcement agency, shall within six to twelve hours of the
impoundment, provide to a requesting operator the name and address of the legal
and registered owners of the vehicle, and the registered owner of any personal
property registered or titled with the department that is attached to or
contained in or on the impounded vehicle, the vehicle identification number,
and any other necessary, pertinent information. The initial notice of
impoundment shall be followed by a written or electronic facsimile notice
within twenty-four hours. In the case of a vehicle from another state, time
requirements of this subsection do not apply until the requesting law
enforcement agency in this state receives the information.
(2)
The operator shall immediately send an abandoned vehicle report to the
department for any vehicle, and for any items of personal property registered
or titled with the department, that are in the operator's possession after the
one hundred twenty hour abandonment period. Such report need not be sent when
the impoundment is pursuant to a writ, court order, or police hold that is not
a suspended license impound. The owner notification and abandonment process
shall be initiated by the registered tow truck operator immediately following
notification by a court or law enforcement officer that the writ, court order,
or police hold that is not a suspended license impound is no longer in effect.
(3)
Following the submittal of an abandoned vehicle report, the department shall
provide the registered tow truck operator with owner information within
seventy-two hours.
(4)
Within fourteen days of the sale of an abandoned vehicle at public auction, the
towing operator shall send a copy of the abandoned vehicle report showing the
disposition of the abandoned vehicle and any other items of personal property
registered or titled with the department to the ((crime information center
of the Washington state patrol)) department. The vehicle buyer
information sent to the department on the abandoned vehicle report relieves the
previous owner of the vehicle from any civil or criminal liability for the
operation of the vehicle from the date of sale thereafter and transfers full
liability for the vehicle to the buyer. By January 1, 2003, the department
shall create a system enabling tow truck operators the option of sending the
portion of the abandoned vehicle report that contains the vehicle's buyer
information to the department electronically.
(5)
If the operator sends an abandoned vehicle report to the department and the
department finds no owner information, an operator may proceed with an
inspection of the vehicle and any other items of personal property registered
or titled with the department to determine whether owner identification is
within the vehicle.
(6)
If the operator finds no owner identification, the operator shall immediately
notify the appropriate law enforcement agency, which shall search the vehicle
and any other items of personal property registered or titled with the
department for the vehicle identification number or other appropriate
identification numbers and check the necessary records to determine the
vehicle's or other property's owners.
Sec.
10. RCW
46.55.105 and 1999 c 86 s 5 are each amended to read as follows:
(1)
The abandonment of any vehicle creates a prima facie presumption that the last
registered owner of record is responsible for the abandonment and is liable for
costs incurred in removing, storing, and disposing of the abandoned vehicle,
less amounts realized at auction.
(2)
If an unauthorized vehicle is found abandoned under subsection (1) of this
section and removed at the direction of law enforcement, the last registered
owner of record is guilty of ((a)) the traffic infraction of
"littering‑-abandoned vehicle," unless the vehicle
is redeemed as provided in RCW 46.55.120. In addition to any other monetary
penalty payable under chapter 46.63 RCW, the court shall not consider all
monetary penalties as having been paid until the court is satisfied that the
person found to have committed the infraction has made restitution in the
amount of the deficiency remaining after disposal of the vehicle under RCW
46.55.140.
(3)
A vehicle theft report filed with a law enforcement agency relieves the last
registered owner of liability under subsection (2) of this section for failure
to redeem the vehicle. However, the last registered owner remains liable for
the costs incurred in removing, storing, and disposing of the abandoned vehicle
under subsection (1) of this section. Nothing in this section limits in any
way the registered owner's rights in a civil action or as restitution in a
criminal action against a person responsible for the theft of the vehicle.
(4)
Properly filing a report of sale or transfer regarding the vehicle involved in
accordance with RCW 46.12.101(1) relieves the last registered owner of
liability under subsections (1) and (2) of this section. If the date of sale
as indicated on the report of sale is on or before the date of impoundment, the
buyer identified on the latest properly filed report of sale with the
department is assumed liable for the costs incurred in removing, storing, and
disposing of the abandoned vehicle, less amounts realized at auction. If the
date of sale is after the date of impoundment, the previous registered owner is
assumed to be liable for such costs. A licensed vehicle dealer is not liable
under subsections (1) and (2) of this section if the dealer, as transferee or
assignee of the last registered owner of the vehicle involved, has complied
with the requirements of RCW 46.70.122 upon selling or otherwise disposing of
the vehicle, or if the dealer has timely filed a transitional ownership record
or report of sale under RCW 46.12.103. In that case the person to whom the
licensed vehicle dealer has sold or transferred the vehicle is assumed liable
for the costs incurred in removing, storing, and disposing of the abandoned
vehicle, less amounts realized at auction.
(5)
For the purposes of reporting notices of traffic infraction to the department
under RCW 46.20.270 and 46.52.101, and for purposes of reporting notices of
failure to appear, respond, or comply regarding a notice of traffic infraction
to the department under RCW 46.63.070(((5))) (6), a traffic
infraction under subsection (2) of this section is not considered to be a
standing, stopping, or parking violation.
(6)
A notice of infraction for a violation of this section may be filed with a
court of limited jurisdiction organized under Title 3, 35, or 35A RCW, or with
a violations bureau subject to the court's jurisdiction.
Sec.
11. 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 the legal and registered owners of the impoundment of the unauthorized
vehicle and the owners of any other items of personal property registered or
titled with the department. The notification 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, 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 and of the penalties for the traffic infraction littering‑-abandoned
vehicle.
(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.
Sec.
12. RCW
46.55.130 and 2000 c 193 s 2 are each amended to read as follows:
(1)
If, after the expiration of fifteen days from the date of mailing of notice of
custody and sale required in RCW 46.55.110(3) to the registered and legal
owners, the vehicle remains unclaimed and has not been listed as a stolen
vehicle, or a suspended license impound has been directed, but no security paid
under RCW 46.55.120, then the registered tow truck operator having custody of
the vehicle shall conduct a sale of the vehicle at public auction after having
first published a notice of the date, place, and time of the auction in a
newspaper of general circulation in the county in which the vehicle is located
not less than three days and no more than ten days before the date of the
auction. The notice shall contain a description of the vehicle including the
make, model, year, and license number and a notification that a three-hour
public viewing period will be available before the auction. The auction shall
be held during daylight hours of a normal business day.
(2)
The following procedures are required in any public auction of such abandoned
vehicles:
(a)
The auction shall be held in such a manner that all persons present are given
an equal time and opportunity to bid;
(b)
All bidders must be present at the time of auction unless they have submitted
to the registered tow truck operator, who may or may not choose to use the
preauction bid method, a written bid on a specific vehicle. Written bids may
be submitted up to five days before the auction and shall clearly state which
vehicle is being bid upon, the amount of the bid, and who is submitting the
bid;
(c)
The open bid process, including all written bids, shall be used so that
everyone knows the dollar value that must be exceeded;
(d)
The highest two bids received shall be recorded in written form and shall
include the name, address, and telephone number of each such bidder;
(e)
In case the high bidder defaults, the next bidder has the right to purchase the
vehicle for the amount of his or her bid;
(f)
The successful bidder shall apply for title within fifteen days;
(g)
The registered tow truck operator shall post a copy of the auction procedure at
the bidding site. If the bidding site is different from the licensed office
location, the operator shall post a clearly visible sign at the office location
that describes in detail where the auction will be held. At the bidding site a
copy of the newspaper advertisement that lists the vehicles for sale shall be
posted;
(h)
All surplus moneys derived from the auction after satisfaction of the
registered tow truck operator's lien shall be remitted within thirty days to
the department for deposit in the state motor vehicle fund. A report
identifying the vehicles resulting in any surplus shall accompany the remitted
funds. If the director subsequently receives a valid claim from the registered
vehicle owner of record as determined by the department within one year from
the date of the auction, the surplus moneys shall be remitted to such owner;
(i)
If an operator receives no bid, or if the operator is the successful bidder at
auction, the operator shall, within forty-five days, sell the vehicle to
a licensed vehicle wrecker, hulk hauler, or scrap processor by use of the abandoned
vehicle report-affidavit of sale, or the operator shall apply for title to the
vehicle.
(3)
A tow truck operator may refuse to accept a bid at an abandoned vehicle
auction under this section for any reason in the operator's posted operating
procedures and for any of the following reasons: (a) The bidder is currently
indebted to the operator; (b) the operator has knowledge that the bidder has
previously abandoned vehicles purchased at auction; or (c) the bidder has
purchased, at auction, more than four vehicles in the last calendar year
without obtaining title to any or all of the vehicles. In no case may an
operator hold a vehicle for longer than ninety days without holding an auction
on the vehicle, except for vehicles that are under a police or judicial hold.
(4)(a)
In no case may the accumulation of storage charges exceed fifteen days from the
date of receipt of the information by the operator from the department as
provided by RCW 46.55.110(3).
(b) The failure of the registered tow truck operator to comply with
the time limits provided in this chapter limits the accumulation of storage
charges to five days except where delay is unavoidable. Providing incorrect or
incomplete identifying information to the department in the abandoned vehicle report
shall be considered a failure to comply with these time limits if correct
information is available. However, storage charges begin to accrue again on
the date the correct and complete information is provided to the department by
the registered tow truck operator.
Sec.
13. RCW
46.55.230 and 2001 c 139 s 3 are each amended to read as follows:
(1)(a)
Notwithstanding any other provision of law, any law enforcement officer having
jurisdiction, or any employee or officer of a jurisdictional health department
acting pursuant to RCW 70.95.240, or any person authorized by the director
shall inspect and may authorize the disposal of an abandoned junk vehicle. The
person making the inspection shall record the make and vehicle identification
number or license number of the vehicle if available, and shall also verify
that the approximate value of the junk vehicle is equivalent only to the
approximate value of the ((scrap in it)) parts.
(b)
A tow truck operator may authorize the disposal of an abandoned junk vehicle if
the vehicle has been abandoned two or more times, the registered ownership
information has not changed since the first abandonment, and the registered
owner is also the legal owner.
(2)
The law enforcement officer or department representative shall provide
information on the vehicle's registered and legal owner to the landowner.
(3)
Upon receiving information on the vehicle's registered and legal owner, the
landowner shall mail a notice to the registered and legal owners shown on the
records of the department. The notification shall describe the redemption
procedure and the right to arrange for the removal of the vehicle.
(4)
If the vehicle remains unclaimed more than fifteen days after the landowner has
mailed notification to the registered and legal owner, the landowner may
dispose of the vehicle or sign an affidavit of sale to be used as a title
document.
(5)
If no information on the vehicle's registered and legal owner is found in the
records of the department, the landowner may immediately dispose of the vehicle
or sign an affidavit of sale to be used as a title document.
(6)
It is a gross misdemeanor for a person to abandon a junk vehicle on property.
If a junk vehicle is abandoned, the vehicle's registered owner shall also pay a
cleanup restitution payment equal to twice the costs incurred in the removal of
the junk vehicle. The court shall distribute one-half of the restitution
payment to the landowner of the property upon which the junk vehicle is
located, and one-half of the restitution payment to the law enforcement agency
or jurisdictional health department investigating the incident.
(7)
For the purposes of this section, the term "landowner" includes a
legal owner of private property, a person with possession or control of private
property, or a public official having jurisdiction over public property.
(8) A person complying in good faith with the requirements of this
section is immune from any liability arising out of an action taken or omission
made in the compliance.
Sec.
14. RCW
46.63.030 and 1995 c 219 s 5 are each amended to read as follows:
(1)
A law enforcement officer has the authority to issue a notice of traffic
infraction:
(a)
When the infraction is committed in the officer's presence;
(b)
When the officer is acting upon the request of a law enforcement officer in
whose presence the traffic infraction was committed; or
(c)
If an officer investigating at the scene of a motor vehicle accident has
reasonable cause to believe that the driver of a motor vehicle involved in the
accident has committed a traffic infraction.
(2)
A court may issue a notice of traffic infraction upon receipt of a written
statement of the officer that there is reasonable cause to believe that an
infraction was committed.
(3)
If any motor vehicle without a driver is found parked, standing, or stopped in
violation of this title or an equivalent administrative regulation or local
law, ordinance, regulation, or resolution, the officer finding the vehicle
shall take its registration number and may take any other information displayed
on the vehicle which may identify its user, and shall conspicuously affix to
the vehicle a notice of traffic infraction.
(4) In the case of failure to redeem an abandoned vehicle under RCW
46.55.120, upon receiving a complaint by a registered tow truck operator that
has incurred costs in removing, storing, and disposing of an abandoned vehicle,
an officer of the law enforcement agency responsible for directing the removal
of the vehicle shall send a notice of infraction by certified mail to the last
known address of the ((registered owner of the vehicle)) person
responsible under RCW 46.55.105. The notice must be entitled
"Littering‑-Abandoned Vehicle" and give notice of the monetary
penalty. The officer shall append to the notice of infraction, on a form
prescribed by the department of licensing, a notice indicating the amount of
costs incurred as a result of removing, storing, and disposing of the abandoned
vehicle, less any amount realized at auction, and a statement that monetary
penalties for the infraction will not be considered as having been paid until
the monetary penalty payable under this chapter has been paid and the court is
satisfied that the person has made restitution in the amount of the deficiency
remaining after disposal of the vehicle.
Sec.
15. RCW
46.63.110 and 2001 c 289 s 2 are each amended to read as follows:
(1)
A person found to have committed a traffic infraction shall be assessed a
monetary penalty. No penalty may exceed two hundred and fifty dollars for each
offense unless authorized by this chapter or title.
(2)
The monetary penalty for a violation of RCW 46.55.105(2) is two hundred
fifty dollars for each offense. No penalty assessed under this subsection (2)
may be reduced.
(3)
The supreme court shall prescribe by rule a schedule of monetary penalties for
designated traffic infractions. This rule shall also specify the conditions
under which local courts may exercise discretion in assessing fines and
penalties for traffic infractions. The legislature respectfully requests the
supreme court to adjust this schedule every two years for inflation.
(((3)))
(4) There shall be a penalty of twenty-five dollars for failure to
respond to a notice of traffic infraction except where the infraction relates
to parking as defined by local law, ordinance, regulation, or resolution or
failure to pay a monetary penalty imposed pursuant to this chapter. A local
legislative body may set a monetary penalty not to exceed twenty-five dollars
for failure to respond to a notice of traffic infraction relating to parking as
defined by local law, ordinance, regulation, or resolution. The local court,
whether a municipal, police, or district court, shall impose the monetary
penalty set by the local legislative body.
(((4)))
(5) Monetary penalties provided for in chapter 46.70 RCW which are civil
in nature and penalties which may be assessed for violations of chapter 46.44
RCW relating to size, weight, and load of motor vehicles are not subject to the
limitation on the amount of monetary penalties which may be imposed pursuant to
this chapter.
(((5)))
(6) Whenever a monetary penalty is imposed by a court under this chapter
it is immediately payable. If the person is unable to pay at that time the
court may, in its discretion, grant an extension of the period in which the
penalty may be paid. If the penalty is not paid on or before the time
established for payment the court shall notify the department of the failure to
pay the penalty, and the department shall suspend the person's driver's license
or driving privilege until the penalty has been paid and the penalty provided
in subsection (((3))) (4) of this section has been paid.
(((6)))
(7) In addition to any other penalties imposed under this section and
not subject to the limitation of subsection (1) of this section, a person found
to have committed a traffic infraction shall be assessed a fee of five dollars
per infraction. Under no circumstances shall this fee be reduced or waived.
Revenue from this fee shall be forwarded to the state treasurer for deposit in
the emergency medical services and trauma care system trust account under RCW
70.168.040.
(((7)))
(8)(a) In addition to any other penalties imposed under this section and
not subject to the limitation of subsection (1) of this section, a person found
to have committed a traffic infraction other than of RCW 46.61.527 shall be
assessed an additional penalty of ten dollars. The court may not reduce,
waive, or suspend the additional penalty unless the court finds the offender to
be indigent. If a community service program for offenders is available in the
jurisdiction, the court shall allow offenders to offset all or a part of the
penalty due under this subsection (((7))) (8) by participation in
the community service program.
(b)
Revenue from the additional penalty must be remitted under chapters 2.08, 3.46,
3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the
state treasurer must be deposited as provided in RCW 43.08.250. The balance of
the revenue received by the county or city treasurer under this subsection must
be deposited into the county or city current expense fund. Moneys retained by
the city or county under this subsection shall constitute reimbursement for any
liabilities under RCW 43.135.060.
