PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: WAC 204-96-010 Vehicle impounds.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.55.190.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Washington Supreme Court decision of December 12, 2002; All Around Underground, Inc. v. Washington State Patrol; indicated that the current WAC should be revised. The revisions would change the rule from requiring mandatory impounds of vehicles driven by suspended drivers to allowing impounds to be done at the officer's discretion.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington State Patrol.
Process for Developing New Rule: Washington Supreme Court: All Around Underground, Inc. v. Washington State Patrol, Supreme Court No. 71848-2, consolidated with Washington State Patrol v. American Landscaping.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ms. Christine Fox, Washington State Patrol, Equipment and Standards Review Unit, P.O. Box 42614, Olympia, WA 98504-2614, phone (360) 753-3697, fax (360) 586-8233.
September 2, 2003
Ronal W. Serpas