WSR 00-10-059

EMERGENCY RULES

WASHINGTON STATE PATROL


[ Filed April 28, 2000, 2:03 p.m. ]

Date of Adoption: April 27, 2000.

Purpose: To allow employers to retrieve company vehicles when an employee has been arrested for driving with a suspended license and to require that employers and spouses show significant hardship before the vehicle can be released to them.

Citation of Existing Rules Affected by this Order: Amending WAC 204-96-010.

Statutory Authority for Adoption: RCW 46.55.113 and 46.55.120.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This emergency amendment is necessary for the preservation of the public safety and general welfare. Unfortunately many employers inadvertently allow individuals to drive business vehicles who have criminal violations as described in WAC 204-96-010, thus causing that business vehicle to be impounded and thus not available for business use. This creates a significant economic hardship for the employer. This amendment will allow the district commander to review releasing the business vehicle prior to the expiration of the mandated impound period if the employer establishes significant economic hardship.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.

April 28, 2000

Annette M. Sandberg

Chief

OTS-4021.1


AMENDATORY SECTION(Amending WSR 99-18-026, filed 8/24/99, effective 9/24/99)

WAC 204-96-010
Vehicle impounds.

When a driver of a vehicle is arrested for a violation of:

RCW 46.61.502 Driving under the influence,
RCW 46.61.504 Physical control of vehicle under the influence,
RCW 46.20.342 Driving while license suspended or revoked,
RCW 46.20.420 Operation of motor vehicle under other license/permit prohibited while suspended or revoked,
the arresting officer shall cause the vehicle to be impounded.

If the driver is arrested for a violation of RCW 46.20.342 (1)(c) (3rd degree suspended/revoked) and has no convictions for violations of RCW 46.20.342 in the past five years, the vehicle shall be impounded, but no suspended driver hold shall be placed on the vehicle. If the driver is also the registered owner then the vehicle shall be held until all outstanding penalties, fines, and forfeitures owed by him/her are satisfied. The driver/registered owner must present proof from a court of law that he/she has no outstanding penalties, fines, or forfeitures.

If the driver is arrested for a violation of RCW 46.20.342 (1)(c) (3rd degree suspended/revoked) and has any prior convictions for violations of RCW 46.20.342 in the past five years, the vehicle shall be held for thirty days.

If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree suspended/revoked) and has no convictions for violations of RCW 46.20.342 in the past five years, the vehicle shall be held for thirty days.

If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree suspended/revoked) and has been convicted of a violation of RCW 46.20.342 (1)(a) or (b) in the past five years, the vehicle shall be held for sixty days.

If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree suspended/revoked) and has been convicted of a violation of RCW 46.20.342 (1)(a) or (b) two or more times in the past five years, the vehicle shall be held for ninety days.

The release of all vehicles impounded under this WAC shall be governed by RCW 46.55.120. Commercially rented vehicles may be impounded, however no suspended driver holds shall be placed upon the vehicle. The rental company shall be notified by phone.

A vehicle may be released prior to the mandated hold period if the employer or spouse of the arrested driver establishes significant economic or personal hardship with the district commander of the district in which the vehicle was impounded. In making a hardship determination, the district commander shall consider public safety factors, including the driver's criminal history and driving record. All hardship release requests shall be in writing. Any denial or approval of a hardship release shall be in writing and shall include factors considered by the district commander in reaching the decision.

[Statutory Authority: RCW 46.55.113 and 46.55.120. 99-18-026, 204-96-010, filed 8/24/99, effective 9/24/99.]

Washington State Code Reviser's Office