PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-13-017 [03-19-017].
Title of Rule: WAC 204-96-010 Vehicle impounds.
Purpose: To change the rule from requiring mandatory impounds of vehicles driven by suspended drivers to allow impounds to be done at the officer's discretion.
Statutory Authority for Adoption: RCW 46.55.190.
Summary: The Washington Supreme Court decision of December 12, 2002, All Around Underground, Inc. v. Washington State Patrol; indicated that the current WAC should be revised. The revisions change the rule from requiring mandatory impounds of vehicles driven by suspended drivers to allow impounds to be done at the officer's discretion.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ms. Christine Fox, P.O. Box 42614, Olympia, WA 98504-2614, (360) 753-3697.
Name of Proponent: Washington State Patrol, governmental.
Rule is necessary because of state court decision, Washington State Supreme Court No. 71848-2.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule pertains to vehicle impounds in situations when a driver of a vehicle is arrested for driving under the influence, physical control of a vehicle under the influence, driving while license suspended or revoked, or driving under other license/permit while license suspended or revoked. The revisions change the rule from requiring mandatory impounds of vehicles driven by suspended drivers to allow impounds to be done at the officer's discretion.
Proposal Changes the Following Existing Rules: Rather than requiring officers to impound vehicles of suspended drivers and hold them for thirty days, officer discretion may now be used in these situations. The description of instances in which a vehicle may be released prior to the hold period was condensed. A uniform Washington state tow/impound and inventory record form is now available through the Office of the State Printer for use by all law enforcement agencies.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes do not place any requirements on small businesses.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Washington State Patrol Commercial Vehicle Division Conference Room, General Administration Building, 210 11th Avenue S.W., Room G21, Olympia, WA 98504, on February 11, 2004, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Christine Fox by February 4, 2004.
Submit Written Comments to: Ms. Christine Fox, P.O. Box 42614, Olympia, WA 98504-2614, fax (360) 586-8233, by February 11, 2004.
Date of Intended Adoption: February 18, 2004.
December 5[, 2003]
Ronal W. Serpas
Chief
OTS-6665.1
AMENDATORY SECTION(Amending WSR 01-05-098, filed 2/20/01,
effective 3/23/01)
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, |
| (( |
|
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)) may 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)) may 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))
may 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)) may 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)) may 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)) these vehicles. 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)) upon a showing
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;
or that 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
RCW 46.55.120 (1)(a)(ii) or 46.55.113(3). Release shall be
denied in all other circumstances. 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)) impounding
agency 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.)) A
uniform Washington state tow/impound and inventory record form
is available through the office of the state printer.
[Statutory Authority: RCW 46.55.113 and 46.55.120. 01-05-098, § 204-96-010, filed 2/20/01, effective 3/23/01; 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.]