WSR 07-12-087



[ Filed June 6, 2007, 8:02 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-12-010.

Title of Rule and Other Identifying Information: WAC 308-61-135 Miscellaneous provisions.

Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on July 10, 2007, at 10:00 a.m.

Date of Intended Adoption: August 7, 2007.

Submit Written Comments to: Dale R. Brown, P.O. Box 2957, Mailstop 48205, 1125 Washington Street S.E., Olympia, WA 98507-2957, e-mail, fax (360) 902-7821 or 902-7822.

Assistance for Persons with Disabilities: Contact Dale R. Brown, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making may be required to clarify reporting requirements through the abandoned vehicle online reporting system. The department was mandated to create a system enabling the tow truck industry to file the abandoned vehicle affidavit of sale documents electronically. The department enhanced that reporting system with inquiry capabilities. Many tow truck companies who have requested access to utilize this online function are only using it to complete the inquiry portion but not to submit the affidavit of sale. This rule seeks to clarify that tow truck companies who have requested access to the online system must also file the affidavit of sale reports through the online system.

Statutory Authority for Adoption: RCW 46.55.190.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: None.

Name of Agency Personnel Responsible for Drafting: Dale R. Brown, 1125 Washington Street S.E., Olympia, WA, (360) 902-4020; Implementation and Enforcement: Sheila Hadden, 1125 Washington Street S.E., Olympia, WA, (360) 902-3673.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on businesses in the industry.

A cost-benefit analysis is not required under RCW 34.05.328. The contents of the proposed rules are explicitly and specifically dictated by statute.

June 4, 2007

Julie Knittle

Assistant Director

Vehicle Services


AMENDATORY SECTION(Amending WSR 07-03-117, filed 1/22/07, effective 2/22/07)

WAC 308-61-135   Miscellaneous provisions.   (1) The properly executed written authority to tow or other evidence of lawful possession ((shall suffice in lieu)) may take the place of current license plates or trip permits for unauthorized or abandoned vehicles.

(2) Billing invoices must indicate the time of day when an unauthorized or abandoned vehicle arrived at the secure storage area.

(3) A seller's report of sale properly filed with the department on a form prescribed by the department ((shall)) relieves a registered owner from liability for costs incurred in the removal and storage of an unauthorized((/)) or abandoned vehicle, in addition to relieving that person from other liability ((pursuant to)) under RCW 46.12.101, unless the transferee on the seller's report had no knowledge of the filing.

(4) The junk vehicle affidavit of sale ((as)) described in RCW 46.55.230 may be used to sell a vehicle to a licensed hulk hauler, scrap processor, vehicle wrecking yard or it may be used as a supporting document for issuance of a title.

(5) A stored vehicle may be redeemed any time before the start of auctioning of that particular vehicle.

(6) The notification of impound is to be sent by first-class mail within twenty-four hours after ((the)) impound and must be sent to ((any lessor or lessee, as well as to)) the:

(a) Last known registered and legal owner (lien holder) of the vehicle; or

(b) Person or business shown to be in possession of the vehicle as listed on:

(i) A report of sale; or

(ii) Wrecker report; or

(iii) Other approved documentation by the department; or

(c) Lessor and lessee.

(7) The written notice of the right of redemption and opportunity for a hearing to contest the validity of an impoundment, to be sent with the twenty-four hour impoundment notice on an unauthorized vehicle impoundment, must be separate and in addition to the notice of opportunity for a hearing given to those who redeem vehicles.

(8) As the record required in RCW ((46.05.150)) 46.55.150(2) the registered tow truck operator must keep a copy of its twenty-four-hour impound notice to law enforcement.

(9) Information contained in the master log must include:

(a) The dates of impound and release of vehicles;

(b) Storage lot used if multiple lots;

(c) If impound was from public or from private property and the location where the vehicle was impounded;

(d) Identity of vehicle by year, make, model, license number, and vehicle identification number;

(e) Dates of all required notices to law enforcement and to vehicle owners;

(f) Date of auction advertisement and of auction;

(g) Amount of towing and storage lien;

(h) Amount of auction proceeds;

(i) Amount of surplus funds.

Entries on the master log must be made within seventy-two hours following the activity being logged.

(10) In compliance with the requirements of RCW 46.55.100 as it relates to the reporting of abandoned vehicles after being auctioned by a registered tow truck operator, any tow truck company who has established an account with the department to use the abandoned vehicle report-affidavit of sale through the on-line system. Any report sent to the department by fax or mail will be returned to the appropriate tow truck company to be filed on line.

Tow truck companies that have not established an account with the department to use the abandoned vehicle on-line system are encouraged to do so; however, they may continue to file the abandoned vehicle report of sale reports via fax or through the mail.

Any report received by the department that is incomplete or illegible will be returned to the appropriate tow truck company for corrections.

[Statutory Authority: RCW 46.55.190. 07-03-117, 308-61-135, filed 1/22/07, effective 2/22/07; 02-20-035, 308-61-135, filed 9/24/02, effective 10/25/02; 00-01-058, 308-61-135, filed 12/10/99, effective 1/10/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. 93-08-076, 308-61-135, filed 4/6/93, effective 5/7/93. Statutory Authority: RCW 46.55.190. 90-01-060, 308-61-135, filed 12/18/89, effective 1/18/90. Statutory Authority: RCW 46.55.190, 46.80.140 and 46.79.080. 88-06-025 (Order DLR 164), 308-61-135, filed 2/25/88. Statutory Authority: Chapter 46.55 RCW. 86-03-011 (Order DLR-088), 308-61-135, filed 1/6/86.]

Washington State Code Reviser's Office