| Passed by the House April 21, 2003 Yeas 96 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 15, 2003 Yeas 48 ________________________________________ President of the Senate | I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1088 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/15/2003. Referred to Committee on Transportation.
AN ACT Relating to removal of illegally parked vehicles; and amending RCW 46.55.113.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.55.113 and 1998 c 203 s 4 are each amended to read
as follows:
Whenever the driver of a vehicle is arrested for a violation of RCW
46.61.502 ((or)), 46.61.504 ((or of RCW)), 46.20.342, or ((46.20.420))
46.20.345, the vehicle is subject to impoundment, pursuant to
applicable local ordinance or state agency rule at the direction of a
law enforcement officer. In addition, a police officer may take
custody of a vehicle and provide for its prompt removal to a place of
safety under any of the following circumstances:
(1) Whenever a police officer finds a vehicle standing upon the
roadway in violation of any of the provisions of RCW 46.61.560, the
officer may provide for the removal of the vehicle or require the
driver or other person in charge of the vehicle to move the vehicle to
a position off the roadway;
(2) Whenever a police officer finds a vehicle unattended upon a
highway where the vehicle constitutes an obstruction to traffic or
jeopardizes public safety;
(3) Whenever a police officer finds an unattended vehicle at the
scene of an accident or when the driver of a vehicle involved in an
accident is physically or mentally incapable of deciding upon steps to
be taken to protect his or her property;
(4) Whenever the driver of a vehicle is arrested and taken into
custody by a police officer;
(5) Whenever a police officer discovers a vehicle that the officer
determines to be a stolen vehicle;
(6) Whenever a vehicle without a special license plate, card, or
decal indicating that the vehicle is being used to transport a disabled
person under RCW 46.16.381 is parked in a stall or space clearly and
conspicuously marked under RCW 46.61.581 which space is provided on
private property without charge or on public property;
(7) Upon determining that a person is operating a motor vehicle
without a valid driver's license in violation of RCW 46.20.005 or with
a license that has been expired for ninety days or more;
(8) When a vehicle is illegally occupying a truck, commercial
loading zone, restricted parking zone, bus, loading, hooded-meter,
taxi, street construction or maintenance, or other similar zone where,
by order of the director of transportation or chiefs of police or fire
or their designees, parking is limited to designated classes of
vehicles or is prohibited during certain hours, on designated days or
at all times, if the zone has been established with signage for at
least twenty-four hours and where the vehicle is interfering with the
proper and intended use of the zone. Signage must give notice to the
public that a vehicle will be removed if illegally parked in the zone.
Nothing in this section may derogate from the powers of police
officers under the common law. For the purposes of this section, a
place of safety may include the business location of a registered tow
truck operator.