PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 11-19-056.
Title of Rule and Other Identifying Information: Chapter 204-96 WAC, Vehicle impounds.
Hearing Location(s): General Administration Building Auditorium, on December 27, 2011, at 1:00.
Date of Intended Adoption: January 2012.
Submit Written Comments to: Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504-2600, e-mail wsprules@wsp.wa.gov, fax (360) 596-4015, by December 26, 2011.
Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by December 23, 2011, (360) 596-4017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: With the passage of SB [E2SSB] 5000, the rules regarding vehicle impounds need to be updated to reflect the new process for a DUI impound.
Reasons Supporting Proposal: The changes will include addition [adding] a new section to address the twelve hour DUI holds as outlined in legislation and updating other language to make it clearer.
Statutory Authority for Adoption: RCW 46.55.075.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent:
Name of Agency Personnel Responsible for Drafting and Implementation: Lieutenant Dale Alexander, P.O. Box 42600, Olympia, WA 98504, (360) 596-4114; and Enforcement: Washington State Patrol, P.O. Box 42600, Olympia, WA 98504, (360) 596-4000.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This change will not impact a small business.
A cost-benefit analysis is not required under RCW 34.05.328. Not a significant rule as defined in the RCW.
November 21, 2011
John R. Batiste
Chief
OTS-4400.1
AMENDATORY SECTION(Amending WSR 04-07-012, filed 3/4/04,
effective 4/4/04)
WAC 204-96-010
Vehicle impounds.
(1) When a driver of a
vehicle is arrested for a violation of((:
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(a) When an arrest is made for violation of RCW 46.20.342
and the vehicle is a commercial vehicle, the driver of the
vehicle is not the owner of the vehicle, the owner was not in
the vehicle at the time, and the owner has not received a
prior release under RCW 46.55.113(3) or 46.55.120 (1)(a)(ii),
prior to impounding the vehicle the officer ((shall)) will
attempt in a reasonable and timely manner to contact the owner
of the vehicle and may release the vehicle to the owner if the
owner is reasonably available.
(b) 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 may be impounded, but no suspended driver
hold ((shall)) will be placed on the vehicle. If the driver
is also the registered owner then the vehicle ((shall)) will
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.
(c) 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 may be held for thirty days.
(d) 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 may be held for thirty days.
(e) 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 may be held for sixty days.
(f) 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 may be held for ninety days.
(2) The release of all vehicles impounded under this
((WAC shall)) section will be governed by RCW 46.55.120. Commercially rented vehicles may be impounded, however no
suspended driver holds ((shall)) will be placed upon these
vehicles. The rental company ((shall)) will be notified by
phone.
(3) A vehicle may be released prior to the hold period
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)) will be denied in all other circumstances. All
release requests ((shall)) will be in writing. Any denial or
approval of a release ((shall)) will be in writing and
((shall)) will include factors considered by the impounding
agency in reaching the decision.
((A uniform Washington state tow/impound and inventory
record form is available through the office of the state
printer.))
[Statutory Authority: RCW 46.55.190. 04-07-012, § 204-96-010, filed 3/4/04, effective 4/4/04. 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.]
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