SENATE BILL REPORT

HB 883

BYRepresentatives Crane, Armstrong, Wineberry and Baugher

Authorizing damage and costs awards for invalid vehicle impoundment.

House Committe on Judiciary

Senate Committee on Transportation

Senate Hearing Date(s):April 2, 1987

Majority Report:     Do pass as amended.

     Signed by Senators Peterson, Chairman; Hansen, Vice Chairman; Bender, Conner, Garrett, Halsan, Nelson, Patterson, Smitherman, West.

Senate Staff:Brad Lovaas (786-7307)

                April 3, 1987

AS REPORTED BY COMMITTEE ON TRANSPORTATION, APRIL 2, 1987

BACKGROUND:

Motor vehicles may be impounded by private tow truck operators under a variety of circumstances.  Those circumstances include abandonment of the vehicle, illegally parking the vehicle, or a determination by an arresting officer that the driver of the vehicle is incapable of making a reasonable judgment about the protection of the vehicle.  The tow truck operator may impound a vehicle after authorization from a private property owner upon whose property a vehicle has been illegally parked or abandoned, or after authorization from a police officer.

Once a vehicle has been impounded, it may be redeemed by the registered or legal owner.  Redemption requires the payment of all costs of towing and storing the vehicle.  A person seeking to redeem a vehicle has the right to a hearing in district court on the issues of the validity of the impoundment and the fees charged.

If the court finds that the impoundment was proper, the person seeking redemption must pay court costs in addition to the towing and storage fees.  If the court finds that the impoundment was not proper, the person who authorized the impoundment is liable for the towing and storing fees.

SUMMARY:

Additional provisions are made with respect to the consequences of a district court's determination that a vehicle impoundment was invalid.  The court is to enter judgment against the person who authorized the invalid impoundment.  The judgment is to be for the amount of the storage and towing fees plus reasonable damages for the loss of use of the vehicle during the impoundment.  If the judgment is not paid to the redemptioner within 15 days of notice of its entry, then the redemptioner may also recover attorney fees and court costs associated with any action to enforce the judgment.  A form is provided for notification of the person who authorized the invalid impoundment that judgment has been entered and that additional liability may result from nonpayment of the judgment.

SUMMARY OF PROPOSED SENATE AMENDMENT:

Language is inserted to clarify that the judgment entered by the district court shall be against the person authorizing the impound.

Judgment shall be entered against the person authorizing an invalid impound of not less than $50 per day for the loss of the vehicle.

Fiscal Note:    none requested

Senate Committee - Testified:   Representative Ernie Crane, prime sponsor; Steven Black; Rolfe Johnson, WTTA; Pat Tucker, Chico Towing; Gene Gratzer, WTTA