BILL REQ. #: S-4048.1
State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/27/2004. Referred to Committee on Highways & Transportation.
AN ACT Relating to damages for unauthorized impounds; and amending RCW 46.55.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.55.120 and 2003 c 177 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, 46.55.113, or 9A.88.140
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 (e) 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 or from the court having jurisdiction. 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 the following:
(i) 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
(ii) 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 this subsection or RCW
46.55.113(3).
In order to avoid discriminatory application, other than for the
reasons for release set forth in (a)(i) and (ii) of this subsection, an
agency shall, under a provision of an applicable state agency rule or
local ordinance, deny release in all other circumstances without
discretion.
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
(e) of this subsection, including paying all towing, removal, and
storage fees, notwithstanding the fact that the hold was ordered by a
government agency.
(b) If the vehicle is directed to be held for a suspended license
impound, a person who desires to redeem the vehicle at the end of the
period of impound shall within five days of the impound at the request
of the tow truck operator pay a security deposit to the tow truck
operator of not more than one-half of the applicable impound storage
rate for each day of the proposed suspended license impound. The tow
truck operator shall credit this amount against the final bill for
removal, towing, and storage upon redemption. The tow truck operator
may accept other sufficient security in lieu of the security deposit.
If the person desiring to redeem the vehicle does not pay the security
deposit or provide other security acceptable to the tow truck operator,
the tow truck operator may process and sell at auction the vehicle as
an abandoned vehicle within the normal time limits set out in RCW
46.55.130(1). The security deposit required by this section may be
paid and must be accepted at any time up to twenty-four hours before
the beginning of the auction to sell the vehicle as abandoned. The
registered owner is not eligible to purchase the vehicle at the
auction, and the tow truck operator shall sell the vehicle to the
highest bidder who is not the registered owner.
(c) Notwithstanding (b) of this subsection, a rental car business
may immediately redeem a rental vehicle it owns by payment of the costs
of removal, towing, and storage, whereupon the vehicle will not be held
for a suspended license impound.
(d) Notwithstanding (b) of this subsection, a motor vehicle dealer
or lender with a perfected security interest in the vehicle may redeem
or lawfully repossess a vehicle immediately by payment of the costs of
removal, towing, and storage, whereupon the vehicle will not be held
for a suspended license impound. A motor vehicle dealer or lender with
a perfected security interest in the vehicle may not knowingly and
intentionally engage in collusion with a registered owner to repossess
and then return or resell a vehicle to the registered owner in an
attempt to avoid a suspended license impound. However, this provision
does not preclude a vehicle dealer or a lender with a perfected
security interest in the vehicle from repossessing the vehicle and then
selling, leasing, or otherwise disposing of it in accordance with
chapter 62A.9A RCW, including providing redemption rights to the debtor
under RCW 62A.9A-623. If the debtor is the registered owner of the
vehicle, the debtor's right to redeem the vehicle under chapter 62A.9A
RCW is conditioned upon the debtor obtaining and providing proof from
the impounding authority or court having jurisdiction that any fines,
penalties, and forfeitures owed by the registered owner, as a result of
the suspended license impound, have been paid, and proof of the payment
must be tendered to the vehicle dealer or lender at the time the debtor
tenders all other obligations required to redeem the vehicle. Vehicle
dealers or lenders 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.
(e) 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, with credit being given for the amount of any
security deposit paid under (b) of this subsection. In addition, if a
vehicle is impounded because the operator was arrested for a violation
of RCW 46.20.342 or 46.20.345 and was being operated by the registered
owner when it was impounded under local ordinance or agency rule, it
must not be released to any person until the registered owner
establishes with the agency that ordered the vehicle impounded or the
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 issued by
financial institutions, or personal checks drawn on Washington state
branches of financial institutions 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 cannot determine through the
customer's bank or a check verification service that the presented
check would 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 and more than five days before the date of the
auction. 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 46.20.345 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) . . .