AN
ACT Relating to release of impounded vehicles; and amending RCW 46.55.120.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.55.120 and 1998 c 203 s 5 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 or a court
having jurisdiction that any penalties, fines, or forfeitures owed by him
or her have been satisfied. Registered tow truck operators are not liable
for damages if they rely in good faith on an order from the impounding agency
or a court in releasing a vehicle held under a suspended license impound.
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 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 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 court shall
proceed to hear and determine the validity of the impoundment.
(3)(a)
The 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 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
. . . . . ., (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.
