PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-19-061.
Title of Rule: WAC 204-96-010 Vehicle impounds.
Purpose: To allow individuals who loan their vehicle to retrieve their vehicles when the individual to whom they loaned their vehicle has been arrested for driving with a suspended license under limited circumstances.
Statutory Authority for Adoption: RCW 46.55.113 and 46.55.120.
Summary: Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment on adoption of a permanent rule would be contrary to the public interest.
Reasons Supporting Proposal: This permanent amendment, in conjunction with the previously filed emergency rule, is necessary for the preservation of the public safety and general welfare. Unfortunately, many individuals inadvertently allow others to drive their vehicles who have criminal violations as described in WAC 204-96-010, thus causing that vehicle to be impounded and thus not available for the owner's use. This creates a significant economic and social hardship for the owner. This amendment is caused by a state district court deciding that, under the specific facts of the case the loaned vehicle should not have been impounded. This hardship exemption should alleviate the court's concern.
Name of Agency Personnel Responsible for Drafting and Implementation: Lt. Tim Braniff, P.O. Box 42600, Olympia, WA 98504, (360) 753-6890; and Enforcement: Commander Tom Robbins, P.O. Box 42600, Olympia, WA 98504, (360) 586-2340.
Name of Proponent: Spokane County District Court, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Approve of the amendment.
Rule is necessary because of state court decision, Robert D. Miniers v. Washington State Patrol.
Explanation of Rule, its Purpose, and Anticipated Effects: This amendment will allow the district commander to review releasing the loaned vehicle prior to the expiration of the mandated impound period if the owner established a lack of knowledge and meets other conditions.
Proposal Changes the Following Existing Rules: This amendment will allow the district commander to review releasing the loaned vehicle prior to the expiration of the mandated impound period if the owner established a lack of knowledge and meets other conditions.
After filing of the CR-101, it was found that an incorrect statute was cited. RCW 46.20.420 is no longer valid. The corrected statute is RCW 46.20.345.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This amendment will allow the district commander to review releasing the loaned vehicle prior to the expiration of the mandated impound period if the owner established a lack of knowledge and meets other conditions.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Commercial Vehicle Division Conference Room, Ground Floor, General Administration Building, 210 11th S.W., Olympia, WA 98504, on January 11, 2001, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Ms. Gretchen Dolan by January 8, 2001, TDD (253) 536-4270, or (360) 753-0655.
Submit Written Comments to: Lt. Tim Braniff, Washington State Patrol, P.O. Box 42600, Olympia, WA 98504-2614, fax (360) 586-1628, by January 8, 2001.
Date of Intended Adoption: January 9, 2001.
December 4, 2000
Annette M. Sandberg
Chief
OTS-4425.2
AMENDATORY SECTION(Amending WSR 00-18-006, filed 8/24/00,
effective 8/24/00)
WAC 204-96-010
Vehicle impounds.
When a driver of a
vehicle is arrested for a violation of:
| RCW 46.61.502 | Driving under the influence, |
| RCW 46.61.504 | Physical control of vehicle under the influence, |
| RCW 46.20.342 | Driving while license suspended or revoked, |
| RCW (( 46.20.345 |
Operation of motor vehicle under other license/permit prohibited while suspended or revoked, |
If the driver is arrested for a violation of RCW 46.20.342 (1)(c) (3rd degree suspended/revoked) and has no convictions for violations of RCW 46.20.342 in the past five years, the vehicle shall be impounded, but no suspended driver hold shall be placed on the vehicle. If the driver is also the registered owner then the vehicle shall be held until all outstanding penalties, fines, and forfeitures owed by him/her are satisfied. The driver/registered owner must present proof from a court of law that he/she has no outstanding penalties, fines, or forfeitures.
If the driver is arrested for a violation of RCW 46.20.342 (1)(c) (3rd degree suspended/revoked) and has any prior convictions for violations of RCW 46.20.342 in the past five years, the vehicle shall be held for thirty days.
If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree suspended/revoked) and has no convictions for violations of RCW 46.20.342 in the past five years, the vehicle shall be held for thirty days.
If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree suspended/revoked) and has been convicted of a violation of RCW 46.20.342 (1)(a) or (b) in the past five years, the vehicle shall be held for sixty days.
If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1)(a) or (b) (1st or 2nd degree suspended/revoked) and has been convicted of a violation of RCW 46.20.342 (1)(a) or (b) two or more times in the past five years, the vehicle shall be held for ninety days.
The release of all vehicles impounded under this WAC shall be governed by RCW 46.55.120. Commercially rented vehicles may be impounded, however no suspended driver holds shall be placed upon the vehicle. The rental company shall be notified by phone.
A vehicle may be released prior to the mandated hold period if the employer or spouse of the arrested driver establishes significant economic or personal hardship with the district commander of the district in which the vehicle was impounded. In making a hardship determination, the district commander shall consider public safety factors, including the driver's criminal history and driving record. All hardship release requests shall be in writing. Any denial or approval of a hardship release shall be in writing and shall include factors considered by the district commander in reaching the decision.
A vehicle may be released prior to the mandated hold period if the registered owner of a vehicle loaned to another person is able to demonstrate to the district commander of the district in which the vehicle was impounded that he/she had no knowledge that the person to whom the vehicle was loaned did not have valid driving privileges within the state of Washington, is willing to swear to this lack of knowledge under penalty of the perjury laws of the state of Washington and further agrees that this hardship determination, if allowed, is available only one time in the state of Washington. The registered owner of the loaned vehicle also agrees that he/she shall pay any and all towing fees, storage fees and administrative fees to the towing company before the vehicle is released. In addition, in the event a hardship is granted, the registered owner of the loaned vehicle agrees that he/she will comply with the conditions set forth on the form(s) provided by the Washington state patrol prior to loaning the vehicle to any individual in the future.
[Statutory Authority: RCW 46.55.113, 46.55.120. 00-18-006, § 204-96-010, filed 8/24/00, effective 8/24/00; 99-18-026, § 204-96-010, filed 8/24/99, effective 9/24/99.]