| Passed by the Senate March 12, 2005 YEAS 46 ________________________________________ President of the Senate Passed by the House April 6, 2005 YEAS 94 ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SENATE BILL 5966 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 02/17/2005. Referred to Committee on Transportation.
AN ACT Relating to vehicle immobilization; amending RCW 46.55.010; adding a new section to chapter 46.55 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 46.55 RCW,
to be codified between RCW 46.55.240 and 46.55.900, to read as follows:
(1) A property owner shall not immobilize any vehicle owned by a
person other than the property owner.
(2) This section does not apply to property owned by the state or
any unit of local government.
(3) A violation of this section is a gross misdemeanor.
Sec. 2 RCW 46.55.010 and 1999 c 398 s 2 are each amended to read
as follows:
The definitions set forth in this section apply throughout this
chapter:
(1) "Abandoned vehicle" means a vehicle that a registered tow truck
operator has impounded and held in the operator's possession for one
hundred twenty consecutive hours.
(2) "Immobilize" means the use of a locking wheel boot that, when
attached to the wheel of a vehicle, prevents the vehicle from moving
without damage to the tire to which the locking wheel boot is attached.
(3) "Abandoned vehicle report" means the document prescribed by the
state that the towing operator forwards to the department after a
vehicle has become abandoned.
(((3))) (4) "Impound" means to take and hold a vehicle in legal
custody. There are two types of impounds -- public and private.
(a) "Public impound" means that the vehicle has been impounded at
the direction of a law enforcement officer or by a public official
having jurisdiction over the public property upon which the vehicle was
located.
(b) "Private impound" means that the vehicle has been impounded at
the direction of a person having control or possession of the private
property upon which the vehicle was located.
(((4))) (5) "Junk vehicle" means a vehicle certified under RCW
46.55.230 as meeting at least three of the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but not limited
to any of the following: A broken window or windshield, or missing
wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Has an approximate fair market value equal only to the
approximate value of the scrap in it.
(((5))) (6) "Master log" means the document or an electronic
facsimile prescribed by the department and the Washington state patrol
in which an operator records transactions involving impounded vehicles.
(((6))) (7) "Registered tow truck operator" or "operator" means any
person who engages in the impounding, transporting, or storage of
unauthorized vehicles or the disposal of abandoned vehicles.
(((7))) (8) "Residential property" means property that has no more
than four living units located on it.
(((8))) (9) "Suspended license impound" means an impound ordered
under RCW 46.55.113 because the operator was arrested for a violation
of RCW 46.20.342 or ((46.20.420)) 46.20.345.
(((9))) (10) "Tow truck" means a motor vehicle that is equipped for
and used in the business of towing vehicles with equipment as approved
by the state patrol.
(((10))) (11) "Tow truck number" means the number issued by the
department to tow trucks used by a registered tow truck operator in the
state of Washington.
(((11))) (12) "Tow truck permit" means the permit issued annually
by the department that has the classification of service the tow truck
may provide stamped upon it.
(((12))) (13) "Tow truck service" means the transporting upon the
public streets and highways of this state of vehicles, together with
personal effects and cargo, by a tow truck of a registered operator.
(((13))) (14) "Unauthorized vehicle" means a vehicle that is
subject to impoundment after being left unattended in one of the
following public or private locations for the indicated period of time:
NEW SECTION. Sec. 3 Section 1 of this act shall include a part
heading titled "VEHICLE IMMOBILIZATION."