AN
ACT Relating to the impoundment and forfeiture of vehicles being operated by
persons who have a suspended or revoked driver's license; amending RCW
46.55.105, 46.55.110, 46.55.113, 46.55.120, 46.55.130, 46.55.010, 46.55.100,
46.12.095, and 46.12.101; adding a new section to chapter 46.55 RCW; adding a
new section to chapter 46.12 RCW; creating new sections; and repealing RCW
46.20.344.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that the license to drive a motor vehicle on the public
highways is suspended or revoked in order to protect public safety following a
driver's failure to comply with the laws of this state. Over six hundred
persons are killed in traffic accidents in Washington annually, and more than
eighty-four thousand persons are injured. It is estimated that of the three
million four hundred thousand drivers' licenses issued to citizens of
Washington, more than two hundred sixty thousand are suspended or revoked at
any given time. Suspended drivers are more likely to be involved in causing
traffic accidents, including fatal accidents, than properly licensed drivers,
and pose a serious threat to the lives and property of Washington residents.
Statistics show that suspended drivers are three times more likely to kill or
seriously injure others in the commission of traffic felony offenses than are
validly licensed drivers. In addition to not having a driver's license, most
such drivers also lack required liability insurance, increasing the financial
burden upon other citizens through uninsured losses and higher insurance costs
for validly licensed drivers. Because of the threat posed by suspended
drivers, all registered owners of motor vehicles in Washington have a duty to
not allow their vehicles to be driven by a suspended driver.
Despite
the existence of criminal penalties for driving with a suspended or revoked
license, an estimated seventy-five percent of these drivers continue to drive
anyway. Existing sanctions are not sufficient to deter or prevent persons with
a suspended or revoked license from driving. It is common for suspended
drivers to resume driving immediately after being stopped, cited, and released
by a police officer and to continue to drive while a criminal prosecution for
suspended driving is pending. More than half of all suspended drivers charged
with the crime of driving while suspended or revoked fail to appear for court
hearings. Vehicle impoundment will provide an immediate consequence which will
increase deterrence and reduce unlawful driving by preventing a suspended
driver access to that vehicle. Vehicle impoundment will also provide an
appropriate measure of accountability for registered owners who permit
suspended drivers to drive their vehicles. Impoundment of vehicles driven by
suspended drivers has been shown to reduce future driving while suspended or
revoked offenses for up to two years afterwards, and the recidivism rate for drivers
whose cars were not impounded was one hundred percent higher than for drivers
whose cars were impounded. In order to adequately protect public safety and to
enforce the state's driver licensing laws, it is necessary to authorize the
impoundment of any vehicle when it is found to be operated by a driver with a
suspended or revoked license in violation of RCW 46.20.342 and 46.20.420. The
impoundment of a vehicle operated in violation of RCW 46.20.342 or 46.20.420 is
intended to be a civil in rem action against the vehicle in order to remove it
from the public highways and reduce the risk posed to traffic safety by a
vehicle accessible to a driver who is reasonably believed to have violated
these laws.
Sec.
2. RCW
46.55.105 and 1995 c 219 s 4 are each amended to read as follows:
(1)
The abandonment of any vehicle creates a prima facie presumption that the last
registered owner of record is responsible for the abandonment and is liable for
costs incurred in removing, storing, and disposing of the abandoned vehicle,
less amounts realized at auction.
(2)
If an unauthorized vehicle is found abandoned under subsection (1) of this
section and removed at the direction of law enforcement, the last registered
owner of record is guilty of a traffic infraction, unless the vehicle is
redeemed as provided in RCW 46.55.120. In addition to any other monetary
penalty payable under chapter 46.63 RCW, the court shall not consider all
monetary penalties as having been paid until the court is satisfied that the
person found to have committed the infraction has made restitution in the
amount of the deficiency remaining after disposal of the vehicle under RCW
46.55.140.
(3)
A vehicle theft report filed with a law enforcement agency relieves the last
registered owner of liability under subsection (2) of this section for failure
to redeem the vehicle. However, the last registered owner remains liable for
the costs incurred in removing, storing, and disposing of the abandoned vehicle
under subsection (1) of this section. Nothing in this section limits in any
way the registered owner's rights in a civil action or as restitution in a
criminal action against a person responsible for the theft of the vehicle.
(4)
Properly filing a report of sale or transfer regarding the vehicle involved
in accordance with RCW 46.12.101(1) ((or a vehicle theft report filed with a
law enforcement agency)) relieves the last registered owner of liability
under subsections (1) and (2) of this section. If the date of sale as
indicated on the report of sale is on or before the date of impoundment, the
buyer identified on the latest properly filed report of sale with the
department is assumed liable for the costs incurred in removing, storing, and
disposing of the abandoned vehicle, less amounts realized at auction. If the
date of sale is after the date of impoundment, the previous registered owner is
assumed to be liable for such costs. A licensed vehicle dealer is not liable
under subsections (1) and (2) of this section if the dealer, as transferee or
assignee of the last registered owner of the vehicle involved, has complied
with the requirements of RCW 46.70.122 upon selling or otherwise disposing of
the vehicle, or if the dealer has timely filed a transitional ownership record
or report of sale under section 12 of this act. In that case the person to
whom the licensed vehicle dealer has sold or transferred the vehicle is assumed
liable for the costs incurred in removing, storing, and disposing of the
abandoned vehicle, less amounts realized at auction.
(((4)))
(5) For the purposes of reporting notices of traffic infraction to the
department under RCW 46.20.270 and 46.52.100, and for purposes of reporting
notices of failure to appear, respond, or comply regarding a notice of traffic
infraction to the department under RCW 46.63.070(5), a traffic infraction under
subsection (2) of this section is not considered to be a standing, stopping, or
parking violation.
(((5)))
(6) A notice of infraction for a violation of this section may be filed
with a court of limited jurisdiction organized under Title 3, 35, or 35A RCW,
or with a violations bureau subject to the court's jurisdiction.
Sec.
3. RCW
46.55.110 and 1995 c 360 s 6 are each amended to read as follows:
(1)
When an unauthorized vehicle is impounded, the impounding towing operator shall
notify the legal and registered owners of the impoundment of the unauthorized
vehicle and the owners of any other items of personal property registered or
titled with the department. The notification shall be sent by first-class mail
within twenty-four hours after the impoundment to the last known registered and
legal owners of the vehicle, and the owners of any other items of personal
property registered or titled with the department, as provided by the law
enforcement agency, and shall inform the owners of the identity of the person
or agency authorizing the impound. The notification shall include the name of
the impounding tow firm, its address, and telephone number. The notice shall
also include the location, time of the impound, and by whose authority the
vehicle was impounded. The notice shall also include the written notice of the
right of redemption and opportunity for a hearing to contest the validity of
the impoundment pursuant to RCW 46.55.120.
(2)
In the case of an abandoned vehicle, or other item of personal property
registered or titled with the department, within twenty-four hours after
receiving information on the owners from the department through the abandoned
vehicle report, the tow truck operator shall send by certified mail, with
return receipt requested, a notice of custody and sale to the legal and
registered owners.
(3)
If the date on which a notice required by subsection (2) of this section is
to be mailed falls upon a Saturday, Sunday, or a postal holiday, the notice may
be mailed on the next day that is neither a Saturday, Sunday, nor a postal
holiday.
(4)
No notices need be sent to the legal or registered owners of an impounded
vehicle or other item of personal property registered or titled with the
department, if the vehicle or personal property has been redeemed.
Sec.
4. RCW
46.55.113 and 1997 c 66 s 7 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 or of RCW 46.20.342 or 46.20.420, the ((arresting officer
may take custody of the vehicle and provide for its prompt removal to a place
of safety)) vehicle is subject to impoundment, pursuant to applicable
local ordinance or state agency rule at the direction of a law enforcement
officer. 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 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;
(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;
(7)
Upon determining that a person is operating a motor vehicle without a valid
driver's license in violation of RCW 46.20.005 or with a license that has been
expired for ninety days or more((, or with a suspended or revoked license in
violation of RCW 46.20.342 or 46.20.420)).
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.
Sec.
5. RCW
46.55.120 and 1996 c 89 s 2 are each amended to read as follows:
(1)
Vehicles or other items of personal property registered or titled with the
department that are impounded by registered tow truck operators pursuant to RCW
46.55.080, 46.55.085, or 46.55.113 may be redeemed only under the following
circumstances:
(a)
Only the legal owner, the registered owner, a person authorized in writing by
the registered owner or the vehicle's insurer, a person who is determined and
verified by the operator to have the permission of the registered owner of the
vehicle or other item of personal property registered or titled with the
department, or one who has purchased a vehicle or item of personal property
registered or titled with the department from the registered owner who produces
proof of ownership or written authorization and signs a receipt therefor, may
redeem an impounded vehicle or items of personal property registered or titled
with the department. In addition, a vehicle impounded because the operator
is in violation of RCW 46.20.342(1)(c) shall not be released until a person
eligible to redeem it under this subsection (1)(a) satisfies the requirements
of (b) of this subsection, including paying all towing, removal, and storage
fees, notwithstanding the fact that the hold was ordered by a government
agency. If the department's records show that the operator has been convicted
of a violation of RCW 46.20.342 or a similar local ordinance within the past
five years, the vehicle may be held for up to thirty days at the written
direction of the agency ordering the vehicle impounded. A vehicle impounded
because the operator is arrested for a violation of RCW 46.20.342 may be
released only pursuant to a written order from the agency that ordered the
vehicle impounded. An agency may issue a written order to release pursuant to
a provision of an applicable state agency rule or local ordinance authorizing
release on the basis 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.
If
a vehicle is impounded because the operator is in violation of RCW 46.20.342(1)
(a) or (b), the vehicle may be held for up to thirty days at the written
direction of the agency ordering the vehicle impounded. However, if the
department's records show that the operator has been convicted of a violation
of RCW 46.20.342(1) (a) or (b) or a similar local ordinance within the past
five years, the vehicle may be held at the written direction of the agency
ordering the vehicle impounded for up to sixty days, and for up to ninety days
if the operator has two or more such prior offenses. If a vehicle is impounded
because the operator is arrested for a violation of RCW 46.20.342, the vehicle
may not be released until a person eligible to redeem it under this subsection
(1)(a) satisfies the requirements of (b) of this subsection, including paying
all towing, removal, and storage fees, notwithstanding the fact that the hold
was ordered by a government agency.
(b)
The vehicle or other item of personal property registered or titled with the
department shall be released upon the presentation to any person having custody
of the vehicle of commercially reasonable tender sufficient to cover the costs
of towing, storage, or other services rendered during the course of towing,
removing, impounding, or storing any such vehicle. In addition, if a
vehicle is impounded because the operator was arrested for a violation of RCW
46.20.342 or 46.20.420 and was being operated by the registered owner when it
was impounded, it must not be released to any person until the registered owner
establishes with the agency that ordered the vehicle impounded that any
penalties, fines, or forfeitures owed by him or her have been satisfied.
Commercially reasonable tender shall include, without limitation, cash, major
bank credit cards, or personal checks drawn on in-state banks if accompanied by
two pieces of valid identification, one of which may be required by the
operator to have a photograph. If the towing firm can determine through the
customer's bank or a check verification service that the presented check would
not be paid by the bank or guaranteed by the service, the towing firm may
refuse to accept the check. Any person who stops payment on a personal check
or credit card, or does not make restitution within ten days from the date a
check becomes insufficient due to lack of funds, to a towing firm that has
provided a service pursuant to this section or in any other manner defrauds the
towing firm in connection with services rendered pursuant to this section shall
be liable for damages in the amount of twice the towing and storage fees, plus
costs and reasonable attorney's fees.
(2)(a)
The registered tow truck operator shall give to each person who seeks to redeem
an impounded vehicle, or item of personal property registered or titled with
the department, written notice of the right of redemption and opportunity for a
hearing, which notice shall be accompanied by a form to be used for requesting
a hearing, the name of the person or agency authorizing the impound, and a copy
of the towing and storage invoice. The registered tow truck operator shall
maintain a record evidenced by the redeeming person's signature that such
notification was provided.
(b)
Any person seeking to redeem an impounded vehicle under this section has a
right to a hearing in the district or municipal court for the
jurisdiction in which the vehicle was impounded to contest the validity of the
impoundment or the amount of towing and storage charges. The district court
has jurisdiction to determine the issues involving all impoundments including
those authorized by the state or its agents. The municipal court has
jurisdiction to determine the issues involving impoundments authorized by
agents of the municipality. Any request for a hearing shall be made in
writing on the form provided for that purpose and must be received by the ((district))
appropriate court within ten days of the date the opportunity was
provided for in subsection (2)(a) of this section. At the time of the
filing of the hearing request, the petitioner shall pay to the court clerk a
filing fee in the same amount required for the filing of a suit in district
court. If the hearing request is not received by the ((district))
court within the ten-day period, the right to a hearing is waived and the
registered owner is liable for any towing, storage, or other impoundment
charges permitted under this chapter. Upon receipt of a timely hearing
request, the ((district)) court shall proceed to hear and determine the
validity of the impoundment.
(3)(a)
The ((district)) court, within five days after the request for a
hearing, shall notify the registered tow truck operator, the person requesting
the hearing if not the owner, the registered and legal owners of the vehicle or
other item of personal property registered or titled with the department, and
the person or agency authorizing the impound in writing of the hearing date and
time.
(b)
At the hearing, the person or persons requesting the hearing may produce any
relevant evidence to show that the impoundment, towing, or storage fees charged
were not proper. The court may consider a written report made under oath by
the officer who authorized the impoundment in lieu of the officer's personal
appearance at the hearing.
(c)
At the conclusion of the hearing, the ((district)) court shall determine
whether the impoundment was proper, whether the towing or storage fees charged
were in compliance with the posted rates, and who is responsible for payment of
the fees. The court may not adjust fees or charges that are in compliance with
the posted or contracted rates.
(d)
If the impoundment is found proper, the impoundment, towing, and storage fees
as permitted under this chapter together with court costs shall be assessed
against the person or persons requesting the hearing, unless the operator did
not have a signed and valid impoundment authorization from a private property
owner or an authorized agent.
(e)
If the impoundment is determined to be in violation of this chapter, then the
registered and legal owners of the vehicle or other item of personal property
registered or titled with the department shall bear no impoundment, towing, or
storage fees, and any security shall be returned or discharged as appropriate,
and the person or agency who authorized the impoundment shall be liable for any
towing, storage, or other impoundment fees permitted under this chapter. The
court shall enter judgment in favor of the registered tow truck operator
against the person or agency authorizing the impound for the impoundment,
towing, and storage fees paid. In addition, the court shall enter judgment in
favor of the registered and legal owners of the vehicle, or other item of
personal property registered or titled with the department, for the amount
of the filing fee required by law for the impound hearing petition as well as
reasonable damages for loss of the use of the vehicle during the time the same
was impounded, for not less than fifty dollars per day, against the person or
agency authorizing the impound. However, if an impoundment arising from an
alleged violation of RCW 46.20.342 or 46.20.420 is determined to be in
violation of this chapter, then the law enforcement officer directing the
impoundment and the government employing the officer are not liable for damages
if the officer relied in good faith and without gross negligence on the records
of the department in ascertaining that the operator of the vehicle had a
suspended or revoked driver's license. If any judgment entered is not paid
within fifteen days of notice in writing of its entry, the court shall award
reasonable attorneys' fees and costs against the defendant in any action to
enforce the judgment. Notice of entry of judgment may be made by registered or
certified mail, and proof of mailing may be made by affidavit of the party
mailing the notice. Notice of the entry of the judgment shall read essentially
as follows:
TO:
. . . . . .
YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you
in the . . . . . . Court located at
. . . . . . in the sum of
$. . . . . ., in an action entitled . . . . . .,
Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees
and costs will be awarded against you under RCW . . . if the judgment
is not paid within 15 days of the date of this notice.
DATED this . . . . day of
. . . . . ., ((19)) (year)
. . .
Signature ..................
Typed name and address
of
party mailing notice
(4)
Any impounded abandoned vehicle or item of personal property registered or
titled with the department that is not redeemed within fifteen days of mailing
of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold
at public auction in accordance with all the provisions and subject to all the
conditions of RCW 46.55.130. A vehicle or item of personal property registered
or titled with the department may be redeemed at any time before the start of
the auction upon payment of the applicable towing and storage fees.
Sec.
6. RCW
46.55.130 and 1989 c 111 s 12 are each amended to read as follows:
(1)
If, after the expiration of fifteen days from the date of mailing of notice of
custody and sale required in RCW 46.55.110(2) to the registered and legal
owners, the vehicle remains unclaimed and has not been listed as a stolen
vehicle, then the registered tow truck operator having custody of the vehicle
shall conduct a sale of the vehicle at public auction after having first
published a notice of the date, place, and time of the auction in a newspaper
of general circulation in the county in which the vehicle is located not less
than three days and no more than ten days before the date of the auction. The
notice shall contain a description of the vehicle including the make, model,
year, and license number and a notification that a three-hour public viewing
period will be available before the auction. The auction shall be held during
daylight hours of a normal business day.
(2)
The following procedures are required in any public auction of such abandoned
vehicles:
(a)
The auction shall be held in such a manner that all persons present are given
an equal time and opportunity to bid;
(b)
All bidders must be present at the time of auction unless they have submitted
to the registered tow truck operator, who may or may not choose to use the
preauction bid method, a written bid on a specific vehicle. Written bids may
be submitted up to five days before the auction and shall clearly state which
vehicle is being bid upon, the amount of the bid, and who is submitting the
bid;
(c)
The open bid process, including all written bids, shall be used so that
everyone knows the dollar value that must be exceeded;
(d)
The highest two bids received shall be recorded in written form and shall
include the name, address, and telephone number of each such bidder;
(e)
In case the high bidder defaults, the next bidder has the right to purchase the
vehicle for the amount of his or her bid;
(f)
The successful bidder shall apply for title within fifteen days;
(g)
The registered tow truck operator shall post a copy of the auction procedure at
the bidding site. If the bidding site is different from the licensed office
location, the operator shall post a clearly visible sign at the office location
that describes in detail where the auction will be held. At the bidding site a
copy of the newspaper advertisement that lists the vehicles for sale shall be
posted;
(h)
All surplus moneys derived from the auction after satisfaction of the
registered tow truck operator's lien shall be remitted within thirty days to
the department for deposit in the state motor vehicle fund. A report
identifying the vehicles resulting in any surplus shall accompany the remitted
funds. If the director subsequently receives a valid claim from the registered
vehicle owner of record as determined by the department within one year from
the date of the auction, the surplus moneys shall be remitted to such owner;
(i)
If an operator receives no bid, or if the operator is the successful bidder at
auction, the operator shall, within ((thirty)) forty-five days
sell the vehicle to a licensed vehicle wrecker, hulk hauler, or scrap processor
by use of the abandoned vehicle report-affidavit of sale, or the operator shall
apply for title to the vehicle.
(3)
In no case may an operator hold a vehicle for longer than ninety days without
holding an auction on the vehicle, except for vehicles that are under a police
or judicial hold.
(4)(a)
In no case may the accumulation of storage charges exceed fifteen days from the
date of receipt of the information by the operator from the department as
provided by RCW 46.55.110(2).
(b)
The failure of the registered tow truck operator to comply with the time limits
provided in this chapter limits the accumulation of storage charges to five
days except where delay is unavoidable. Providing incorrect or incomplete
identifying information to the department in the abandoned vehicle report shall
be considered a failure to comply with these time limits if correct information
is available.
NEW
SECTION. Sec. 7. A
new section is added to chapter 46.55 RCW to read as follows:
(1)
This section applies to any impoundment of a vehicle when a driver is arrested
for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522
if committed while under the influence, as provided for in RCW 46.55.113 and
46.55.120.
(2)
Any local government ordinance or state agency rule that provides for
impoundment and redemption of vehicles may allow for alternative home
impoundment of vehicles for all or part of the impoundment periods authorized
in RCW 46.55.120. Home impoundment is an alternative to impoundment by a
registered tow truck operator. Home impoundment consists of removing a vehicle
to the registered owner's residence or other property, or to another place
authorized by the ordinance or rule, and placing a boot or other device on the
vehicle to render it immobile. The jurisdiction authorizing home impoundment
may charge a reasonable rental fee for the use of the boot or other device
during the period of home impoundment. The local government ordinance or state
agency rule may provide that the owner or driver of the vehicle may elect
whether to be subject to impoundment under RCW 46.55.120 or home impoundment
under this section.
(3)
Before any home impoundment is begun, the vehicle must be redeemed as provided
for in RCW 46.55.120 if any impoundment has occurred under that section, and
any towing fee incurred in getting the vehicle to the place of home impoundment
must be paid.
(4)
At the end of the period of home impoundment, the vehicle may be released only
after all rental fees have been paid and only to a person who would qualify to
redeem an impounded vehicle under RCW 46.55.120.
(5)
A local ordinance or state agency rule may provide for impoundment by a
registered tow truck operator if at the end of the period of home impoundment
there is no qualified person to whom the vehicle may be released.
(6)
A local ordinance or state agency rule may provide that if the boot or other
device on a vehicle in home impoundment is tampered with, damaged, removed, or
rendered inoperative, the vehicle may be released only upon payment of all
applicable rental fees plus payment of a fee equal to the impoundment costs
that would have been incurred had the vehicle been impounded under RCW
46.55.120 during the period of home impoundment.
Sec.
8. RCW
46.55.010 and 1994 c 176 s 1 are each amended to read as follows:
The
definitions set forth in this section apply throughout this chapter:
(1)
"Abandoned vehicle" means a vehicle that a registered tow truck operator
has impounded and held in the operator's possession for ((ninety-six)) one
hundred twenty consecutive hours.
(2)
"Abandoned vehicle report" means the document prescribed by the state
that the towing operator forwards to the department after a vehicle has become
abandoned.
(3)
"Impound" means to take and hold a vehicle in legal custody. There
are two types of impoundsCpublic
and private.
(a)
"Public impound" means that the vehicle has been impounded at the
direction of a law enforcement officer or by a public official having
jurisdiction over the public property upon which the vehicle was located.
(b)
"Private impound" means that the vehicle has been impounded at the
direction of a person having control or possession of the private property upon
which the vehicle was located.
(4)
"Junk vehicle" means a vehicle certified under RCW 46.55.230 as
meeting at least three of the following requirements:
(a)
Is three years old or older;
(b)
Is extensively damaged, such damage including but not limited to any of the
following: A broken window or windshield, or missing wheels, tires,
motor, or transmission;
(c)
Is apparently inoperable;
(d)
Has an approximate fair market value equal only to the approximate value of the
scrap in it.
(5)
"Master log" means the document or an electronic facsimile prescribed
by the department and the Washington state patrol in which an operator records
transactions involving impounded vehicles.
(6)
"Registered tow truck operator" or "operator" means any
person who engages in the impounding, transporting, or storage of unauthorized
vehicles or the disposal of abandoned vehicles.
(7)
"Residential property" means property that has no more than four
living units located on it.
(8)
"Tow truck" means a motor vehicle that is equipped for and used in
the business of towing vehicles with equipment as approved by the state patrol.
(9)
"Tow truck number" means the number issued by the department to tow
trucks used by a registered tow truck operator in the state of Washington.
(10)
"Tow truck permit" means the permit issued annually by the department
that has the classification of service the tow truck may provide stamped upon
it.
(11)
"Tow truck service" means the transporting upon the public streets
and highways of this state of vehicles, together with personal effects and
cargo, by a tow truck of a registered operator.
(12)
"Unauthorized vehicle" means a vehicle that is subject to impoundment
after being left unattended in one of the following public or private locations
for the indicated period of time:
Subject to removal after:
(a)Public
locations:
(i)Constituting an accident or a
traffic hazard as defined in RCW 46.55.113 Immediately
(ii)On a highway and tagged as
described in RCW 46.55.085.................... 24 hours
(iii)In a publicly owned or
controlled parking facility, properly posted under RCW
46.55.070................. Immediately
(b)Private locations:
(i)On residential property... Immediately
(ii)On private, nonresidential
property, properly posted under RCW 46.55.070.......................... Immediately
(iii)On private, nonresidential
property,
not posted................... 24 hours
Sec.
9. RCW
46.55.100 and 1995 c 360 s 5 are each amended to read as follows:
(1)
At the time of impoundment the registered tow truck operator providing the
towing service shall give immediate notification, by telephone or radio, to a
law enforcement agency having jurisdiction who shall maintain a log of such
reports. A law enforcement agency, or a private communication center acting on
behalf of a law enforcement agency, shall within six to twelve hours of the
impoundment, provide to a requesting operator the name and address of the legal
and registered owners of the vehicle, and the registered owner of any personal
property registered or titled with the department that is attached to or
contained in or on the impounded vehicle, the vehicle identification number,
and any other necessary, pertinent information. The initial notice of
impoundment shall be followed by a written or electronic facsimile notice
within twenty-four hours. In the case of a vehicle from another state, time
requirements of this subsection do not apply until the requesting law
enforcement agency in this state receives the information.
(2)
The operator shall immediately send an abandoned vehicle report to the
department for any vehicle, and for any items of personal property registered
or titled with the department, that are in the operator's possession after the
((ninety-six)) one hundred twenty hour abandonment period. Such
report need not be sent when the impoundment is pursuant to a writ, court
order, or police hold. The owner notification and abandonment process shall be
initiated by the registered tow truck operator immediately following
notification by a court or law enforcement officer that the writ, court order,
or police hold is no longer in effect.
(3)
Following the submittal of an abandoned vehicle report, the department shall
provide the registered tow truck operator with owner information within
seventy-two hours.
(4)
Within ((fifteen)) fourteen days of the sale of an abandoned
vehicle at public auction, the towing operator shall send a copy of the
abandoned vehicle report showing the disposition of the abandoned vehicle and
any other items of personal property registered or titled with the department
to the crime information center of the Washington state patrol.
(5)
If the operator sends an abandoned vehicle report to the department and the
department finds no owner information, an operator may proceed with an
inspection of the vehicle and any other items of personal property registered
or titled with the department to determine whether owner identification is
within the vehicle.
(6)
If the operator finds no owner identification, the operator shall immediately
notify the appropriate law enforcement agency, which shall search the vehicle
and any other items of personal property registered or titled with the
department for the vehicle identification number or other appropriate
identification numbers and check the necessary records to determine the
vehicle's or other property's owners.
Sec.
10. RCW
46.12.095 and 1969 ex.s. c 170 s 16 are each amended to read as follows:
A
security interest in a vehicle other than one held as inventory by a
manufacturer or a dealer and for which a certificate of ownership is required
is perfected only by compliance with the requirements of section 12 of this
act under the circumstances provided for therein or by compliance with the
requirements of this section:
(1)
A security interest is perfected ((only)) by the department's receipt
of: (a) The existing certificate, if any, and (b) an application for a
certificate of ownership containing the name and address of the secured party,
and (c) tender of the required fee.
(2)
It is perfected as of the time of its creation: (a) If the papers and
fee referred to in ((the preceding)) subsection (1) of this section
are received by this department within ((eight department business)) twenty
calendar days ((exclusive)) of the day on which the security
agreement was created; or (b) if the secured party's name and address appear on
the outstanding certificate of ownership; otherwise, as of the date on which
the department has received the papers and fee required in subsection (1) of
this section.
(3)
If a vehicle is subject to a security interest when brought into this state,
perfection of the security interest is determined by the law of the
jurisdiction where the vehicle was when the security interest was attached,
subject to the following:
(a)
If the security interest was perfected under the law of the jurisdiction where
the vehicle was when the security interest was attached, the following rules
apply:
(b)
If the name of the secured party is shown on the existing certificate of
ownership issued by that jurisdiction, the security interest continues
perfected in this state. The name of the secured party shall be shown on the
certificate of ownership issued for the vehicle by this state. The security
interest continues perfected in this state upon the issuance of such ownership
certificate.
(c) If the security interest was not perfected under the law of the
jurisdiction where the vehicle was when the security interest was attached, it
may be perfected in this state; in that case, perfection dates from the time of
perfection in this state.
Sec.
11. RCW
46.12.101 and 1991 c 339 s 19 are each amended to read as follows:
A
transfer of ownership in a motor vehicle is perfected by compliance with the
requirements of this section.
(1)
If an owner transfers his or her interest in a vehicle, other than by the
creation, deletion, or change of a security interest, the owner shall, at the
time of the delivery of the vehicle, execute an assignment to the transferee
and provide an odometer disclosure statement under RCW 46.12.124 on the
certificate of ownership or as the department otherwise prescribes, and cause
the certificate and assignment to be transmitted to the transferee. ((Within
five days, excluding Saturdays, Sundays, and state and federal holidays,)) The
owner shall notify the department or its agents or subagents, in
writing, on the appropriate form, of the date of the sale or transfer, the name
and address of the owner and of the transferee, the transferee's driver's
license number if available, and such description of the vehicle, including
the vehicle identification number, the license plate number, or both, as may be
required in the appropriate form provided or approved for that purpose
by the department. The report of sale will be deemed properly filed if all
information required in this section is provided on the form and includes a
department-authorized notation that the document was received by the
department, its agents, or subagents on or before the fifth day after the sale
of the vehicle, excluding Saturdays, Sundays, and state and federal holidays.
Agents and subagents shall immediately electronically transmit the seller's
report of sale to the department. Reports of sale processed and recorded by
the department's agents or subagents may be subject to fees as specified in RCW
46.01.140 (4)(a) or (5)(b).
(2)
The requirements of subsection (1) of this section to provide an odometer
disclosure statement apply to the transfer of vehicles held for lease when
transferred to a lessee and then to the lessor at the end of the leasehold and
to vehicles held in a fleet when transferred to a purchaser.
(3)
Except as provided in RCW ((46.12.120)) 46.70.122 the transferee
shall within fifteen days after delivery to the transferee of the vehicle,
execute the application for a new certificate of ownership in the same space
provided therefor on the certificate or as the department prescribes, and cause
the certificates and application to be transmitted to the department.
(4)
Upon request of the owner or transferee, a secured party in possession of the
certificate of ownership shall, unless the transfer was a breach of its
security agreement, either deliver the certificate to the transferee for
transmission to the department or, when the secured party receives the owner's
assignment from the transferee, it shall transmit the transferee's application
for a new certificate, the existing certificate, and the required fee to the
department. Compliance with this section does not affect the rights of the
secured party.
(5)
If a security interest is reserved or created at the time of the transfer, the
certificate of ownership shall be retained by or delivered to the person who
becomes the secured party, and the parties shall comply with the provisions of
RCW 46.12.170.
(6)
If the purchaser or transferee fails or neglects to make application to
transfer the certificate of ownership and license registration within fifteen
days after the date of delivery of the vehicle, he or she shall on making
application for transfer be assessed a twenty-five dollar penalty on the
sixteenth day and two dollars additional for each day thereafter, but not to
exceed one hundred dollars. The director may by rule establish conditions
under which the penalty will not be assessed when an application for transfer
is delayed for reasons beyond the control of the purchaser. Conditions for not
assessing the penalty may be established for but not limited to delays caused
by:
(a)
The department requesting additional supporting documents;
(b)
Extended hospitalization or illness of the purchaser;
(c)
Failure of a legal owner to release his or her interest;
(d)
Failure, negligence, or nonperformance of the department, auditor, or subagent.
Failure
or neglect to make application to transfer the certificate of ownership and
license registration within forty-five days after the date of delivery of the
vehicle is a misdemeanor.
(7)
Upon receipt of an application for reissue or replacement of a certificate of
ownership and transfer of license registration, accompanied by the endorsed certificate
of ownership or other documentary evidence as is deemed necessary, the
department shall, if the application is in order and if all provisions relating
to the certificate of ownership and license registration have been complied
with, issue new certificates of title and license registration as in the case
of an original issue and shall transmit the fees together with an itemized
detailed report to the state treasurer, to be deposited in the motor vehicle
fund.
(8)
Once each quarter the department shall report to the department of revenue a
list of those vehicles for which a seller's report has been received but no
transfer of title has taken place.
NEW
SECTION. Sec. 12. A
new section is added to chapter 46.12 RCW to read as follows:
(1)
The purpose of a transitional ownership record is to enable a security interest
in a motor vehicle to be perfected in a timely manner when the certificate of
ownership is not available at the time the security interest is created, and to
provide for timely notification to security interest holders under chapter
46.55 RCW.
(2)
A transitional ownership record is only acceptable as an ownership record for
vehicles currently stored on the department's computer system and if the
certificate of ownership or other authorized proof of ownership for the motor
vehicle:
(a)
Is not in the possession of the selling vehicle dealer or new security interest
holder at the time the transitional ownership record is submitted to the
department; and
(b)
To the best of the knowledge of the selling dealer or new security interest
holder, the certificate of ownership will not be received for submission to the
department within twenty calendar days of the date of sale of the vehicle, or
if no sale is involved, within twenty calendar days of the date the security
agreement or contract is executed.
(3)
A person shall submit the transitional ownership record to the department or to
any of its agents or subagents. Agents and subagents shall immediately
electronically transmit the transitional ownership records to the department.
A transitional ownership document processed and recorded by an agent or
subagent may be subject to fees as specified in RCW 46.01.140(4)(a) or (5)(b).
(4)
"Transitional ownership record" means a record containing all of the
following information:
(a)
The date of sale;
(b)
The name and address of each owner of the vehicle;
(c)
The name and address of each security interest holder;
(d)
If there are multiple security interest holders, the priorities of interest if
the security interest holders do not jointly hold a single security interest;
(e)
The vehicle identification number, the license plate number, if any, the year,
make, and model of the vehicle;
(f)
The name of the selling dealer or security interest holder who is submitting
the transitional ownership record; and
(g)
The transferee's driver's license number, if available.
(5)
The report of sale form prescribed or approved by the department under RCW
46.12.101 may be used by a vehicle dealer as the transitional ownership record.
(6)
Notwithstanding RCW 46.12.095 (1) and (2), compliance with the requirements of
this section shall result in perfection of a security interest in the vehicle
as of the time the security interest was created. Upon receipt of the
certificate of ownership for the vehicle, or upon receipt of written
confirmation that only an electronic record of ownership exists or that the
certificate of ownership has been lost or destroyed, the selling dealer or new
security interest holder shall promptly submit the same to the department
together with an application for a new certificate of ownership containing the
name and address of the secured party and tender the required fee as provided
in RCW 46.12.095(1).
NEW
SECTION. Sec. 13. If
this act mandates an increased level of service by local governments, the local
government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for
reimbursement by the legislature. The claims shall be subject to verification
by the office of financial management.
NEW SECTION. Sec. 14. RCW
46.20.344 and 1965 ex.s. c 121 s 45 are each repealed.
