FINAL BILL REPORT

SB 5440

                              C 111 L 89

BYSenators von Reichbauer, Bender, Patterson, DeJarnatt, Conner and Hansen; by request of Legislative Transportation Committee

Regulating tow trucks.

Senate Committee on Transportation

House Committe on Transportation

SYNOPSIS AS ENACTED

BACKGROUND:

The Department of Licensing (DOL) and the Washington State Patrol (WSP) jointly administer the state's tow truck program.  In 1985, DOL and WSP were given the authority to regulate impoundment and redemption of motor vehicles.

The Joint Subcommittee on Driver and Vehicle Programs of the Legislative Transportation Committee, the affected agencies and the industry recommend changes to the tow truck program.

SUMMARY:

The tow truck program is amended.  RCW 46.61.563 is repealed and redefined in 46.55.

Each tow truck business location must have a sign, readable from the street, that displays the firm's name.  Normal business hours are defined as 8:00 a.m. to 5:00 p.m. on weekdays, excluding weekends and holidays.  Mail is to be received at business locations.  Addresses of all storage lots are required.  File keeping requirements for a "master log" are specified.

To be licensed, a tow truck operator must have an inspection form at the time of application.  Specific identification of tow trucks is required on the application.  Each tow truck must have its own permit.  A decal is allowed in place of the paper permit.  Failure to keep insurance in effect or cancellation of insurance automatically cancels the license.

Operators are prohibited from associating in any way with businesses whose main function is to authorize the impounding of vehicles.  Language is added that prohibits collusion between a tow truck operator and a person who authorizes impounds.

Operators will notify all impounded vehicle owners of an impoundment.  Such notice shall identify the person or agency authorizing the impound.  Language is clarified as to who may not provide impound authorization.  If an impound is in violation of this chapter, the district court shall enter a judgment of not less that $50 a day against the person or agency who illegally authorized the impound.  Inclusion of vehicle impoundment language in local ordinances is mandated.

A new section for fees is added.  Fees stated on the rate sheet must be adequate to cover services, and tow and storage service must be charged on an hourly basis.

A person determined and verified by the operator to have the permission of the registered owner of the vehicle may recover it.  A person who stops payment on a credit card charge used to recover a vehicle is liable to the towing firm for twice the amount of the bill.

The required notice for auctions of unclaimed vehicles is to accommodate weekly newspaper schedules.  Bidders at auctions must provide names, addresses and telephone numbers.  Auction fees or a buyer's fee may not be charged.

All traffic infractions issued under this chapter are put into the court system.  The Department of Licensing's administrative hearing authority is narrowed to licensing violations of this chapter but broadened to allow for a combination of administrative actions.  Violations in this section are punishable as a traffic infraction, with a monetary penalty of not less than $250.  Collusion is punishable as a gross misdemeanor.

The Department of Transportation's tow trucks are exempt from the immediate statutory authorization requirements.

A study is to be conducted by the Washington State Patrol and Department of Licensing to determine at what level the registration fees of tow truck operators should pay to cover the cost of the tow truck program.

VOTES ON FINAL PASSAGE:

     Senate   47    0

     House 96  0 (House amended)

     Senate   46    0 (Senate concurred)

EFFECTIVE:July 23, 1989