DEPARTMENT OF LICENSING

[Filed September 12, 2019, 10:11 a.m., effective October 13, 2019]

Effective Date of Rule: Thirty-one days after filing.

Purpose: SSB 5652, passed during the 2019 legislative session, requires the department to adopt rules prescribing the content and format of the personal belongings storage request form. The amendment updates agency rules concerning the storage of vehicles and the storage of personal belongings in those vehicles. The amendment allows a vehicle's owner to retrieve personal belongings from the vehicle and/or request that the registered tow truck operator store the personal belongings for thirty days from the date of signing a storage request form. This addition to WAC 308-61-158 prescribes the content and format of the personal belongings storage request form as provided for in SB [SSB] 5652.

Citation of Rules Affected by this Order: Amending WAC 308-61-158.

Statutory Authority for Adoption: RCW 46.55.190.

Other Authority: Chapter 401, Laws of 2019.

Adopted under notice filed as WSR 19-13-042 on June 12, 2019.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 12, 2019.

AMENDATORY SECTION(Amending WSR 02-20-035, filed 9/24/02, effective 10/25/02)

WAC 308-61-158Storage of vehicles.

How must the registered tow truck operator handle stored vehicles?

(1) Handling and returning vehicles in substantially the same condition means that vehicles are to be handled with care so that their value is not diminished. The operator must not remove parts or equipment which are affixed to the vehicle.

(2) A vehicle being held for storage by agreement or being held under police authority, other than a suspended license impound, or pursuant to a writ or court order shall not be considered abandoned, nor shall it be processed as such. Any storage fees accrued while under agreement or under police hold, other than a suspended license impound, or pursuant to a writ or court order, shall not be included in the abandoned vehicle lien. Upon the expiration of a storage agreement, the lifting of a police hold other than a suspended license impound, or when the writ or court order is no longer in effect, the operator must begin the unauthorized abandoned vehicle processing, including the notification to vehicle owners by first class mail within twenty-four hours.

(3) When vehicles are stored pursuant to a writ or court order, the operator must keep evidence of the inception and termination dates of the writ or court order in the vehicle transaction file.

(4) When a vehicle is being held pursuant to a suspended license impound, and the vehicle is not redeemed even after the payment of a security deposit, and upon expiration of the hold, the operator must send the notice provided in RCW 46.55.110(2) and schedule its auction accordingly.

(5) Vehicles in the custody of an operator must be kept entirely within a secure area owned or operated under that registration.

(6) An operator must not charge for relocating vehicles between separate secure storage areas which he/she owns or operates.

(7) A vehicle's owner or agent may request that the operator store personal belongings from their vehicle for a period of thirty days from the date of signing a personal belongings storage request form. The personal belongings storage request form shall contain the requestor's vehicle identification number, license plate number, make, model, and year. The form shall also contain the RTTO company's name, street address, city, state and zip code where the personal belongings will be stored, the requestor's name and signature, and the date the request form was signed.