AN ACT Relating to abandoned vehicles; and amending RCW 46.55.010 and 46.55.085.

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

Sec. 1. Section 1, chapter 111, Laws of 1989 and RCW 46.55.010 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 ninety-six consecutive hours.

(2) "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) "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) "Junk vehicle" means a vehicle certified under RCW 46.55.230 as meeting all 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;

(d) Is without a valid, current registration plate;

(e) Has a fair market value equal only to the value of the scrap in it.

(5) "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) "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) "Residential property" means property that has no more than four living units located on it.

(8) "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.

(9) "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.

(10) "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.

(11) "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.

(12) "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:

!tp3,1 !tcSubject!sc ,1to!sc ,1removal!sc ,1after:

!ix(a) Public locations:

!ix(i) Constituting an accident or a traffic hazard as

!sc ,3defined in RCW 46.55.113!w× !tlImmediately

!ix(ii) On a highway and tagged as

!sc ,3described in RCW 46.55.085 !w× !tl((24)) 16 hours

!ix(iii) In a publicly owned or controlled

!sc ,3parking facility, properly posted

!sc ,3under RCW 46.55.070!w× !tlImmediately

!ix(b) Private locations:

!ix(i) On residential property!w× !tlImmediately

!ix(ii) On private, nonresidential property,

!sc ,3properly posted under

!sc ,3RCW 46.55.070!w× !tlImmediately

!ix(iii) On private, nonresidential property,

!sc ,3not posted!w× !tl24 hours!te

!ix

Sec. 2. Section 6, chapter 311, Laws of 1987 and RCW 46.55.085 are each amended to read as follows:

(1) A law enforcement officer discovering an ((~~apparently abandoned~~)) unauthorized vehicle on a state highway shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:

(a) The date and time the sticker was attached;

(b) The identity of the officer;

(c) A statement that if the vehicle is not removed within ((~~twenty-four~~)) sixteen hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner's expense; and

(d) The address and telephone number where additional information may be obtained.

(2) If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.

(3) If the vehicle is not removed within ((~~twenty-four~~)) sixteen hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle and provide for the vehicle's removal to a place of safety.

(4) For the purposes of this section a place of safety includes the business location of a registered tow truck operator.