S-4263               _______________________________________________

                                                   SENATE BILL NO. 6522

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senator Nelson

Read first time 1/25/88 and referred to Committee on Transportation.

AN ACT Relating to defective vehicles; and amending RCW 46.32.060.

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

        Sec. 1.  Section 46.32.060, chapter 12, Laws of 1961 as last amended by section 705, chapter 330, Laws of 1987 and RCW 46.32.060 are each amended to read as follows:

          It ((shall be)) is unlawful for any person to operate or move, or for any owner to cause or permit to be operated or moved upon any public highway, any vehicle or combination of vehicles, which is not at all times equipped in the manner required by this title, or the equipment of which is not in a proper condition and adjustment as required by this title or rules adopted by the chief of the Washington state patrol.

          Any vehicle operating upon the public highways of this state and at any time found to be defective in equipment in such a manner that it may be considered unsafe ((shall be)) is an unlawful vehicle and may be prevented from further operation until ((such)) the equipment defect is corrected ((and)).  Any peace officer is empowered to impound ((such)) the vehicle until ((the same)) it has been placed in a condition satisfactory to vehicle inspection.  The necessary cost of impounding any such unlawful vehicle and any cost for the storage and keeping thereof shall be paid by the owner thereof.  ((The)) Impounding ((of)) any such vehicle ((shall be)) is in addition to any penalties for such unlawful operation.  The driver of any vehicle found to be operating upon the highways of this state with a single, minor equipment defect that in the opinion of the officer does not impair the safety of the motoring public to any degree, shall not be issued a traffic infraction without first being provided an opportunity to correct the defect.

          The provisions of this section shall not be construed to prevent the operation of any such defective vehicle to a place for correction of equipment defect in the manner directed by any peace officer or representative of the state patrol.  Any request by a peace officer to be provided proof that the defective equipment was corrected shall allow a minimum of seventy-two hours for compliance with the request.