PERMANENT RULES
Date of Adoption: February 25, 2004.
Purpose: To change the rule from requiring mandatory impounds of vehicles driven by suspended drivers to allow impounds to be done at the officer's discretion.
Citation of Existing Rules Affected by this Order: Amending WAC 204-96-010 Vehicle impounds.
Statutory Authority for Adoption: RCW 46.55.190.
Adopted under notice filed as WSR 04-01-019 on December 5, 2003.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.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Repealed 0;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Repealed 0;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 1,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
February 26, 2004
Lowell Porter
Chief
OTS-6665.1
AMENDATORY SECTION(Amending WSR 01-05-098, filed 2/20/01,
effective 3/23/01)
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, |
| (( |
|
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)) may 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)) may 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))
may 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)) may 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)) may 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)) these vehicles. 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)) upon a showing
of economic or personal hardship to the spouse of the
operator, taking into consideration public safety factors,
including the operator's criminal history and driving record;
or that the owner of the vehicle was not the driver, the owner
did not know that the driver's license was suspended or
revoked, and the owner has not received a prior release under
RCW 46.55.120 (1)(a)(ii) or 46.55.113(3). Release shall be
denied in all other circumstances. 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)) impounding
agency in reaching the decision.
((A vehicle may be released prior to the mandated hold
period if the registered owner of a vehicle loaned to another
person is able to demonstrate to the district commander of the
district in which the vehicle was impounded that he/she had no
knowledge that the person to whom the vehicle was loaned did
not have valid driving privileges within the state of
Washington, is willing to swear to this lack of knowledge
under penalty of the perjury laws of the state of Washington
and further agrees that this hardship determination, if
allowed, is available only one time in the state of
Washington. The registered owner of the loaned vehicle also
agrees that he/she shall pay any and all towing fees, storage
fees and administrative fees to the towing company before the
vehicle is released. In addition, in the event a hardship is
granted, the registered owner of the loaned vehicle agrees
that he/she will comply with the conditions set forth on the
form(s) provided by the Washington state patrol prior to
loaning the vehicle to any individual in the future.)) A
uniform Washington state tow/impound and inventory record form
is available through the office of the state printer.
[Statutory Authority: RCW 46.55.113 and 46.55.120. 01-05-098, § 204-96-010, filed 2/20/01, effective 3/23/01; 00-18-006, § 204-96-010, filed 8/24/00, effective 8/24/00; 99-18-026, § 204-96-010, filed 8/24/99, effective 9/24/99.]