H-3425.1  _______________________________________________

                          HOUSE BILL 2499

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Scott, Campbell, Chappell, Appelwick, Johanson, Brumsickle, B. Thomas, Dyer, Talcott, Forner, Chandler, Foreman, Backlund and Wood

Read first time 01/17/94.  Referred to Committee on Transportation.

Allowing the removal of certain vehicles by police officers.

    AN ACT Relating to removal of vehicles by police officers; and amending RCW 46.55.113.

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

    Sec. 1.  RCW 46.55.113 and 1987 c 311 s 10 are each amended to read as follows:

Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, the arresting officer shall take custody of the vehicle and provide for its prompt removal to a place of safety.  In addition, a police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:

    (1) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;

    (2) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;

    (3) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable((, or too intoxicated, to decide)) of deciding upon steps to be taken to protect his or her property;

    (4) Whenever the driver of a vehicle is arrested and taken into custody by a police officer((, and the driver, because of intoxication or otherwise, is mentally incapable of deciding upon steps to be taken to safeguard his or her property));

    (5) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;

    (6) Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property.

    Nothing in this section may derogate from the powers of police officers under the common law.  For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.

                            --- END ---