5652-S AMS LOVI S4533.1
SSB 5652 - S AMD 511
By Senator Lovick
PULLED 02/12/2024
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.44.110 and 2009 c 393 s 1 are each amended to read as follows:
Any person operating any vehicle or moving any object or conveyance upon any public highway in this state or upon any bridge or elevated structure that is a part of any such public highway is liable for all damages that the public highway, bridge, elevated structure, or other state property may sustain as a result of any illegal operation of the vehicle or the moving of any such object or conveyance or as a result of the operation or moving of any vehicle, object, or conveyance weighing in excess of the legal weight limits allowed by law. This section applies to any person operating any vehicle or moving any object or contrivance in any illegal or negligent manner or without a special permit as provided by law for vehicles, objects, or contrivances that are overweight, overwidth, overheight, or overlength. Any person operating any vehicle is liable for any damage to any public highway, bridge, elevated structure, or other state property sustained as the result of any negligent operation thereof. When the operator is not the owner of the vehicle, object, or contrivance but is operating or moving it with the express or implied permission of the owner, the owner and the operator are jointly and severally liable for any such damage. Such damage to any state highway, structure, or other state property may be recovered in a civil action instituted in the name of the state of Washington by the department of transportation or other affected state agency. Any measure of damage determined by the department of transportation to its highway, bridge, elevated structure, or other property under this section is prima facie the amount of damage caused thereby and is presumed to be the amount recoverable in any civil action therefor. The damages available under this section include the incident response costs, including traffic controland wrecker services, incurred or ordered by the state of Washington, the department of transportation, or other affected state or local governmental agency."
SSB 5652 - S AMD 511
By Senator Lovick
PULLED 02/12/2024
On page 1, line 2 of the title, after "clear;" strike the remainder of the title and insert "and amending RCW 46.44.110."
EFFECT: (1) Removes language providing for a separate cause of action for registered tow truck operators to recover the amount of nonpayment for vehicle recovery, impound, and storage charges incurred when dispatched by law enforcement or other agency.
(2) Provides that wrecker services incurred or ordered by the state of Washington, WSDOT, or other affected state or local governmental agency, when responding to damaged highway facilities, are included in the damages recoverable in a civil action instituted by WSDOT or other affected state agency.
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