WSR 11-23-134

PROPOSED RULES

WASHINGTON STATE PATROL


[ Filed November 21, 2011, 4:47 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-19-056.

Title of Rule and Other Identifying Information: Chapter 204-96 WAC, Vehicle impounds.

Hearing Location(s): General Administration Building Auditorium, on December 27, 2011, at 1:00.

Date of Intended Adoption: January 2012.

Submit Written Comments to: Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504-2600, e-mail wsprules@wsp.wa.gov, fax (360) 596-4015, by December 26, 2011.

Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by December 23, 2011, (360) 596-4017.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: With the passage of SB [E2SSB] 5000, the rules regarding vehicle impounds need to be updated to reflect the new process for a DUI impound.

Reasons Supporting Proposal: The changes will include addition [adding] a new section to address the twelve hour DUI holds as outlined in legislation and updating other language to make it clearer.

Statutory Authority for Adoption: RCW 46.55.075.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent:

Name of Agency Personnel Responsible for Drafting and Implementation: Lieutenant Dale Alexander, P.O. Box 42600, Olympia, WA 98504, (360) 596-4114; and Enforcement: Washington State Patrol, P.O. Box 42600, Olympia, WA 98504, (360) 596-4000.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This change will not impact a small business.

A cost-benefit analysis is not required under RCW 34.05.328. Not a significant rule as defined in the RCW.

November 21, 2011

John R. Batiste

Chief

OTS-4400.1


AMENDATORY SECTION(Amending WSR 04-07-012, filed 3/4/04, effective 4/4/04)

WAC 204-96-010   Vehicle impounds.   (1) 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,
Driving under other license/permit while license suspended or revoked,))

RCW 46.20.342, the arresting officer may, in his/her own discretion, considering reasonable alternatives, cause the vehicle to be impounded.

(a) When an arrest is made for violation of RCW 46.20.342 and the vehicle is a commercial vehicle, the driver of the vehicle is not the owner of the vehicle, the owner was not in the vehicle at the time, and the owner has not received a prior release under RCW 46.55.113(3) or 46.55.120 (1)(a)(ii), prior to impounding the vehicle the officer ((shall)) will attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available.

(b) 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 may be impounded, but no suspended driver hold ((shall)) will be placed on the vehicle. If the driver is also the registered owner then the vehicle ((shall)) will 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.

(c) 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 may be held for thirty days.

(d) 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 may be held for thirty days.

(e) 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 may be held for sixty days.

(f) 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 may be held for ninety days.

(2) The release of all vehicles impounded under this ((WAC shall)) section will be governed by RCW 46.55.120. Commercially rented vehicles may be impounded, however no suspended driver holds ((shall)) will be placed upon these vehicles. The rental company ((shall)) will be notified by phone.

(3) A vehicle may be released prior to the hold period 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)) will be denied in all other circumstances. All release requests ((shall)) will be in writing. Any denial or approval of a release ((shall)) will be in writing and ((shall)) will include factors considered by the impounding agency in reaching the decision.

((A uniform Washington state tow/impound and inventory record form is available through the office of the state printer.))

[Statutory Authority: RCW 46.55.190. 04-07-012, 204-96-010, filed 3/4/04, effective 4/4/04. 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.]


NEW SECTION
WAC 204-96-020   Vehicle impound -- DUI/PC with twelve hour hold.   When a driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, the arresting officer will impound the vehicle in accordance with RCW 46.55.360.

[]


NEW SECTION
WAC 204-96-030   Impound form.   A uniform Washington state tow/impound and inventory record form established under RCW 46.55.075 as outlined in this chapter will be made available through the office of the state printer.

[]

Washington State Code Reviser's Office