BILL REQ. #:  H-0179.3 

Read first time 01/24/2003.   Referred to Committee on Transportation.

     AN ACT Relating to protecting innocent owners of impounded vehicles; amending RCW 46.12.101, 46.55.110, 46.55.120, and 46.63.020; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 46.12.101 and 2002 c 279 s 1 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. Once transfer of ownership in a motor vehicle is perfected by complying with the requirements of this section, the owner is not subject to any liabilities, costs, penalties, or other sanctions that arise under chapter 46.55 RCW for any event or circumstance involving the vehicle that occurs after the time of perfection.
     (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)), the name and address of the transferee if available, the transferee's driver's license number if available, ((and such description of the vehicle, including)) the vehicle identification number, and the license plate number((, or both, as may be required in the appropriate form provided or approved for that purpose by the department)) if available. The report of sale will be deemed properly filed if all information required in this section is provided ((on the form)) in writing and includes a department-authorized notation that the document was received by the department, its agents, or subagents on or before the ((fifth)) tenth day after the sale of the vehicle, excluding Saturdays, Sundays, and state and federal holidays. A report of sale that has been properly addressed and deposited postpaid in the United States mail is deemed to have been received by the department on the date of the mailing. It is presumed that the date shown by the post office cancellation mark on the envelope is the date of mailing. A person who causes a cancellation mark to reflect a date earlier than the actual date of mailing is guilty of a misdemeanor punishable under RCW 9.92.030. 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, and notify the seller in writing that the transferee has transmitted the certificates and application 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 46.55.110 and 2002 c 279 s 11 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)) notice must 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)) notice must also 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)) notification 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)) impounding towing operator shall notify the legal and registered owners of the suspended license impound of the vehicle and the owners of any other items of personal property registered or titled with the department. The notice must 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. The notice must include the following items:
     (a) The identity of the person or agency authorizing the impound;
     (b) The name of the impounding tow firm, its address, and telephone number;
     (c) The location, time of the impound, and the length of the impound((,));
     (d) Notification of the right of redemption and opportunity for a hearing to contest the validity of the impoundment under RCW 46.55.120;
     (e) Notification of the right to submit a written request for release of the vehicle on the basis of economic or personal hardship under RCW 46.55.120(5);
     (f) Notification of the requirement of the posting of a security deposit to ensure payment of the costs of removal, towing, and storage((,));
     (g) 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 46.55.130 regarding the sale of abandoned vehicles at auction;
     (h) The requirements set out in RCW 46.55.120(1)(((b))) (e) 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)); and
     (i) A statement 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. 3   RCW 46.55.120 and 2000 c 193 s 1 are each amended to read as follows:
     (1) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113, or 9A.88.140 may be redeemed or released only under the following circumstances:
     (a) Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department, or one who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342(1)(c) shall not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (e) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency. If the department's records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local ordinance within the past five years, the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the agency that ordered the vehicle impounded or from the court having jurisdiction. ((An agency may issue a written order to release pursuant to a provision of an applicable state agency rule or local ordinance authorizing release on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record.))
     If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. However, if the department's records show that the operator has been convicted of a violation of RCW 46.20.342(1) (a) or (b) or a similar local ordinance within the past five years, the vehicle may be held at the written direction of the agency ordering the vehicle impounded for up to sixty days, and for up to ninety days if the operator has two or more such prior offenses. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.20.342, the vehicle may not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (e) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency.
     (b) If the vehicle is directed to be held for a suspended license impound, a person who desires to redeem the vehicle at the end of the period of impound shall within five days of the impound at the request of the tow truck operator pay a security deposit to the tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed suspended license impound. The tow truck operator shall credit this amount against the final bill for removal, towing, and storage upon redemption. The tow truck operator may accept other sufficient security in lieu of the security deposit. If the person desiring to redeem the vehicle does not pay the security deposit or provide other security acceptable to the tow truck operator, the tow truck operator may process and sell at auction the vehicle as an abandoned vehicle within the normal time limits set out in RCW 46.55.130(1). The security deposit required by this section may be paid and must be accepted at any time up to twenty-four hours before the beginning of the auction to sell the vehicle as abandoned. The registered owner is not eligible to purchase the vehicle at the auction, and the tow truck operator shall sell the vehicle to the highest bidder who is not the registered owner.
     (c) Notwithstanding (b) of this subsection, a rental car business may immediately redeem a rental vehicle it owns by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound.
     (d) Notwithstanding (b) of this subsection, a motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound. A motor vehicle dealer or lender with a perfected security interest in the vehicle may not knowingly and intentionally engage in collusion with a registered owner to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license impound. However, this provision does not preclude a vehicle dealer or a lender with a perfected security interest in the vehicle from repossessing the vehicle and then selling, leasing, or otherwise disposing of it in accordance with chapter 62A.9A RCW, including providing redemption rights to the debtor under RCW ((62A.9-506)) 62A.9A-623. If the debtor is the registered owner of the vehicle, the debtor's right to redeem the vehicle under chapter 62A.9A RCW is conditioned upon the debtor obtaining and providing proof from the impounding authority or court having jurisdiction that any fines, penalties, and forfeitures owed by the registered owner, as a result of the suspended license impound, have been paid, and proof of the payment must be tendered to the vehicle dealer or lender at the time the debtor tenders all other obligations required to redeem the vehicle. Vehicle dealers or lenders are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound.
     (e) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle, with credit being given for the amount of any security deposit paid under (b) of this subsection. In addition, if a vehicle is impounded because the operator was arrested for a violation of RCW 46.20.342 or 46.20.345 and was being operated by the registered owner when it was impounded under local ordinance or agency rule, it must not be released to any person until the registered owner establishes with the agency that ordered the vehicle impounded or the court having jurisdiction that any penalties, fines, or forfeitures owed by him or her have been satisfied. Registered tow truck operators are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards issued by financial institutions, or personal checks drawn on Washington state branches of financial institutions if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm cannot determine through the customer's bank or a check verification service that the presented check would be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.
     (2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.
     (b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the appropriate court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section and more than five days before the date of the auction. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in district court. If the hearing request is not received by the court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment.
     (3)(a) The court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.
     (b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.
     (c) At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
     (d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.
     (e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the person or agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.345 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:

TO: . . . . . .

YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.

DATED this . . . . day of . . . . . ., (year) . . .

Sec. 4   RCW 46.63.020 and 2001 c 325 s 4 are each 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, and causing a postal cancellation to reflect an earlier date;
     (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(2) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;
     (10) RCW 46.20.005 relating to driving without a valid driver's license;
     (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;
     (12) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;
     (13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
     (14) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;
     (15) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;
     (16) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;
     (17) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;
     (18) RCW 46.25.170 relating to commercial driver's licenses;
     (19) Chapter 46.29 RCW relating to financial responsibility;
     (20) RCW 46.30.040 relating to providing false evidence of financial responsibility;
     (21) RCW 46.37.435 relating to wrongful installation of sunscreening material;
     (22) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
     (23) RCW 46.48.175 relating to the transportation of dangerous articles;
     (24) RCW 46.52.010 relating to duty on striking an unattended car or other property;
     (25) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
     (26) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;
     (27) 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;
     (28) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
     (29) RCW 46.55.035 relating to prohibited practices by tow truck operators;
     (30) RCW 46.61.015 relating to obedience to police officers, flaggers, or fire fighters;
     (31) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
     (32) RCW 46.61.022 relating to failure to stop and give identification to an officer;
     (33) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
     (34) RCW 46.61.500 relating to reckless driving;
     (35) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;
     (36) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
     (37) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
     (38) RCW 46.61.522 relating to vehicular assault;
     (39) RCW 46.61.5249 relating to first degree negligent driving;
     (40) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
     (41) RCW 46.61.530 relating to racing of vehicles on highways;
     (42) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
     (43) RCW 46.61.740 relating to theft of motor vehicle fuel;
     (44) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
     (45) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
     (46) Chapter 46.65 RCW relating to habitual traffic offenders;
     (47) RCW 46.68.010 relating to false statements made to obtain a refund;
     (48) 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;
     (49) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
     (50) RCW 46.72A.060 relating to limousine carrier insurance;
     (51) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
     (52) RCW 46.72A.080 relating to false advertising by a limousine carrier;
     (53) Chapter 46.80 RCW relating to motor vehicle wreckers;
     (54) Chapter 46.82 RCW relating to driver's training schools;
     (55) 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;
     (56) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.