Ordinance 33650006.900000
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ORDINANCE NO. 3365
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 8.48 PARKING OF
THE EDMONDS CITY CODE PERTAINING TO PARKING BY
AMENDING SECTION 8.48.170 PARKING SIGNS OR OTHER
NOTICE REQUIRED, TO INCLUDE A NOTICE THAT
VIOLATORS WILL BE TOWED AND BY ADDING SECTION
8.48.168, PARKING OF UNLICENSED VEHICLE, DECLARING
IT ILLEGAL TO PARK AN UNLICENSED VEHICLE ON THE
STREETS; SECTION 8.48.600 AUTHORITY TO E\4POUND,
AUTHORIZING THE CITY TO IMPOUND ILLEGALLY
PARKED VEHICLES; SECTION 8.48.601 DEFINITION,
DEFE,UNG IMPOUNDMENT; SECTION 8.48.602 APPLICABLE
STATE LAW ADOPTED BY REFERENCE, ADOPTING
CHAPTER 46.55 RCW BY REFERENCE; SECTION 8.48.603
IMPOUND WITHOUT PRIOR NOTICE, AUTHORIZING
IMPOUNDMENT OF CERTAIN VEHICLES WITHOUT PRIOR
NOTICE; SECTION 8.48.604 IMPOUND AFTER NOTICE,
AUTHORIZING IMPOUNDMENT AFTER NOTICE; SECTION
8.48.605 HOW IMPOUNDMENT IS TO BE EFFECTED,
ESTABLISHING IMPOUNDMENT PROCEDURES; SECTION
8.48.606 NOTICE TO OWNER, ESTABLISHING A METHOD
FOR PROVIDING VEHICLE OWNERS WITH NOTICE OF
IMPOUNDMENT; SECTION 8.48.607 REDEMPTION OF
IMPOUNDED VEHICLES, ESTABLISHING A METHOD FOR
REDEEMING IMPOUNDED VEHICLES; SECTION 8.48.608
POST - IMPOUND HEARING PROCEDURE, ESTABLISHING A
METHOD FOR POST - IMPOUNDMENT HEARINGS; 8.48.610
CONTRACT FOR TOWING AND STORAGE, AUTHORIZING
THE CITY TO ENTER INTO AN AGREEMENT FOR IMPOUND
SERVICES; 8.48.611 CONTRACT FOR TOWING AND
STORAGE - FINANCIAL RESPONSIBILITY, REQUIRING THE
IMPOUND CONTRACTOR TO DEMONSTRATE PROOF OF
FINANCIAL RESPONSIBILITY; 8.48.613 RECORD OF
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IMPOUNDED VEHICLES, DIRECTING THE EDMONDS
POLICE DEPARTMENT TO MAINTAIN A RECORD OF ALL
IMPOUNDED VEHICLES; 8.48.614 NO IMPERMISSIBLE
REGULATION OF CONSENSUAL TOWS, CLARIFYING THE
SCOPE AND EFFECT OF CITY REQUIREMENTS AND
STANDARDS FOR TOWING CONTRACTORS, AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council has determined that illegally parked vehicles are a
burden on City resources; and
WHEREAS, illegally parked vehicles may impede the ability of emergency vehicles
in responding to an emergency; and
WHEREAS, illegally parked vehicles may impede the safe and efficient operation of
public transportation; and
WHEREAS, such matters affect the public's health and safety; and
WHEREAS, impoundment is a more efficient and effective means of preventing
illegal parking in "tow away" zones than issuing parking citations; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Edmonds City Code Chapter 8.48 "Parking" is hereby amended by
the addition of the following sections:
8.48.168 Parking of unlicensed vehicle.
A. No person shall stop, stand or park a vehicle on a publicly
maintained street, highway, alley or public property within the City
limits of Edmonds unless such vehicle possesses a proper and current
vehicle license plate or plates, and such plate or plates are properly
mounted on the vehicle in accordance with the State of Washington
Department of Licensing rules and regulations.
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B. Penalty. Any violation of this Section shall be an infraction
and punishable by a monetary penalty as provided under Section
8.48.215 of this Chapter.
8.48.600 Authority to impound.
The Edmonds Police Department is hereby authorized to impound
vehicles parked in violation of Chapter 8.48 of the Edmonds City
Code provided that proper notice is given pursuant to Section
8.48.170 or 8.48.604. The Police Department is authorized to
impound vehicles without notice as provided under Section 8.48.603.
8.48.601 Definition.
"Impoundment" means removal of a vehicle to a storage facility
either by an officer or authorized agent of the Edmonds Police
Department or by a contractor for towing and storage in response to a
request from an officer or authorized agent of the Edmonds Police
Department.
8.48.602 Applicable state law adopted by reference.
All applicable provisions of Chapter 46.55 RCW, as now or hereafter
amended, are hereby incorporated into Edmonds City Code Chapter
8.48 by this reference. In the event that any provision of this Chapter
may conflict with any provision of Chapter 46.55 RCW or other
applicable state law, the state law provision will control.
8.48.603 Impound without prior notice.
A. A vehicle may be impounded with or without citation and
without giving prior notice to its owner as otherwise required by this
Chapter under the following circumstances:
1. When the vehicle is impeding or is likely to impede the
normal flow of vehicular or pedestrian traffic; or
2. When the vehicle is illegally occupying a truck, commercial
load, bus, loading, or other similar zone where, by order of
the Director of Engineering or Chiefs of Police or Fire,
parking is limited to designated classes of vehicles or is
prohibited during certain hours, or designated days, or at all
times, and where such vehicle is interfering with the proper
and intended use of such zones; or
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3. When a vehicle without a special license plate, card, or decal
indicating that the vehicle is being used to transport a
disabled person as defined under RCW 46.16.381, as now or
hereafter amended, is parked in a stall or space clearly and
conspicuously marked as being reserved for disabled persons,
whether the space is located on private property without
charge or on public property; or
4. When the vehicle poses an immediate danger to public
safety; or
5. When a police officer has probable cause to believe that the
vehicle is stolen; or
6. When a police officer has probable cause to believe that the
vehicle constitutes or contains evidence of a crime, if
impoundment is reasonably necessary in such instance to
obtain or preserve the evidence.
B. Nothing in this Section shall be construed to authorize
seizure of a vehicle without a warrant where a warrant would
otherwise be required by law.
8.48.604 Impound after notice.
A. A vehicle not subject to impoundment under Section
8.48.603 may be impounded after notice of the proposed
impoundment has been securely attached to and conspicuously
displayed on the vehicle for a period of twenty -four (24) hours prior
to such impoundment for the following reasons:
1. When such vehicle is parked in violation of any law,
ordinance, or regulation; or
2. When such vehicle is so mechanically defective as to be
unsafe for operation; provided, however, that this Section
shall not be construed to prevent the operation of any such
defective vehicle to a place for correction of equipment
defect in a manner directed by any law enforcement officer.
B. The provisions of this Section shall not apply to vehicles
impounded under Sections 8.50.030 and 8.50.040.
8.48.605 How impoundment is to be effected.
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When impoundment is authorized by this Chapter, a vehicle may be
impounded either by an officer or authorized agent of the Police
Department, or by a contractor for towing and storage services acting
at the request of an officer or authorized agent of the Police
Department, and in accordance with a City contract.
8.48.606 Notice to owner.
A. Not more than twenty -four (24) hours after impoundment of
any vehicle, the towing contractor shall mail a notice by first class
mail to the last known and legal owners of the vehicle, as may be
disclosed by the vehicle identification number, and as provided by
the Washington State Department of Licensing. The notice shall
contain the full particulars of the impoundment, procedures for
redemption, a copy of the invoice for towing and storage, an
opportunity for a hearing to contest the propriety of the
impoundment, and a form to be submitted for requesting such a
hearing.
B. Similar notice shall be given to each person who seeks to
redeem an impounded vehicle except that if a vehicle is redeemed
prior to the mailing of notice, then such notice need not be mailed.
C. The Edmonds Police Department shall give written
notification to the vehicle's last registered and legal owner that an
investigatory hold has been removed, except that if a vehicle is
redeemed following notice by telephone and prior to the mailing of
notice, then notice need not be mailed. In addition, the Police
Department shall notify the towing contractor, by telephone or in
writing, of the authorization to release such vehicle.
8.48.607 Redemption of impounded vehicles.
Vehicles impounded by the City pursuant to this Chapter shall be
redeemed only under the following circumstances:
A. An impounded vehicle may be redeemed only by the legal
owner, the registered owner, a person authorized in writing by the
registered owner or the vehicle's insurer, a person who is
determined and verified to have the permission of the registered
owner of the vehicle, or one who has purchased a vehicle from the
registered owner and who produces either proof of ownership or
written authorization and signs a receipt therefor.
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B. Any person redeeming a vehicle properly impounded by the
City shall pay the towing contractor for the costs of impoundment
(removal, towing and storage) prior to redeeming such vehicle. The
towing contractor shall accept payment as provided in RCW
46.55.120, as now or hereafter amended.
C. Any person seeking to redeem a vehicle impounded as a
result of a parking or traffic citation has a right to a Municipal Court
hearing to contest the validity of the impoundment or the amount of
towing and storage charges imposed. Any such request for hearing
must be in writing, in a form approved by the Municipal Court and
signed by such person, and received by the Municipal Court within
10 days after the requesting person received notice of the impound
and opportunity for a hearing. Such hearing shall be provided as
follows:
1. The court, within five (5) days after receiving the request
for a hearing, shall, in writing, notify the towing contractor,
the person requesting the hearing if not the owner, the
registered and legal owners of the vehicle, and the person
or agency authorizing the impound of the hearing date and
time.
2. If all the requirements to redeem the vehicle have been
satisfied, the impounded vehicle shall be released to such
person immediately, and a hearing as provided for in
Section 8.48.608 shall be held within ninety (90) days of the
written request for a hearing.
3. If all the requirements to redeem the vehicle have not been
satisfied, the impounded vehicle shall not be released to such
person until after the hearing provided pursuant to Section
8.48.608. Such person shall have the right to a hearing
within seven (7) business days (Monday through Friday,
excluding court holidays) of the court's receipt of the written
request for a hearing.
4. Any person seeking a hearing who has failed to request such
hearing within ten (10) days of receiving notice of the
opportunity therefore, shall be deemed to have waived the
right to a hearing, and the registered owner of the impounded
vehicle shall be liable for any towing and storage fees
incurred in relation to the vehicle.
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5. Redemption of vehicles impounded for violations of driving
with an invalidated license shall be as provided under RCW
46.55.120.
8.48.608 Post - impound hearing procedure.
Hearings requested pursuant to Section 8.48.607 shall be held in the
Edmonds Municipal Court, which court shall determine whether the
impoundment was proper and whether the associated removal,
towing and storage fees charged were proper.
A. At the hearing, the person requesting the hearing may
produce any relevant evidence to show that the impoundment,
towing, or storage fees charged were improper. The court may
consider a written report made under oath by the officer who
authorized the impoundment in lieu of the officer's personal
appearance at the hearing. An abstract of the driver's driving record
is admissible without further evidentiary foundation and is prima
facie evidence of the status of the driver's license, permit or privilege
to drive and that the driver was in fact convicted of each offense
listed on the abstract. In addition, a certified vehicle registration of
the impounded vehicle is admissible without further evidentiary
foundation and is prima facie evidence of the identity of the
registered owner of the vehicle.
B. If the impoundment is found to be proper, the court shall
enter an order so stating. In the event that the costs of impoundment
(removal, towing and storage fees) have not been paid, the court's
order shall provide that the impounded vehicle shall be released only
after payment to the City of any fines imposed on the underlying
citation and the costs of impoundment to the towing company, as
well as payment of all court costs associated with the hearing. In the
event that the court grants time payments, the City shall ensure that
the costs of impoundment are ultimately paid to the towing company.
The court shall grant time payments only upon a showing of extreme
financial need, and where there is an effective guaranty of payment.
C. If the impoundment is determined to be improper, the court
shall enter an order so stating and order the immediate release of the
vehicle. The court shall order that the registered and legal owner
of the vehicle shall bear no impoundment, towing, or storage fees,
and that the City shall be liable for any such fees. The court shall
enter judgment in favor of the towing contractor against the City
for the impoundment, towing, and storage fees paid. In addition,
the court shall enter judgment in favor of the registered and legal
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owner of the vehicle and against the City for the amount of the
filing fee for the impound hearing petition as well as reasonable
damages for loss of use for the vehicle during the time it was
impounded. Said loss of use damages shall not be less than fifty
dollars per day.
D. In the event that the court finds that the impoundment was
proper but that the removal, towing and storage fees charged for the
impoundment were improper, the court shall determine the correct
fees to be charged. If the costs of impoundment have been paid, the
court shall enter a judgment against the City and in favor of the
person who has paid the costs of impoundment for the amount of the
overpayment.
E. No determination of facts made at a hearing under this
Section shall have any collateral estoppel effect on any subsequent
criminal prosecution and such determination shall not preclude
litigation of those same facts in a subsequent criminal prosecution.
8.48.610 Contract for towing and storage.
A. The Finance Director is authorized to prepare specifications
for towing and storage of vehicles, including instructions to bidders,
containing such provisions as the Director shall deem advisable and
not in conflict with this Chapter. The specifications shall be subject
to the review and approval of the Budget Director and the approval
of the City Council by resolution passed for such purpose.
B. In lieu of the individual bidding process authorized under
subsection A, the City may, at its discretion, establish a rotational list
of contractors to provide towing services. Said alternative process
may proceed either according to contract specifications developed by
the Director or pursuant to an existing bidding and contractual
arrangement utilized by another municipality with which the City has
entered into an interlocal agreement providing for the reciprocal use
of each jurisdiction's bids for services.
8.48.611 Contract for towing and storage —
Financial responsibility.
Any contract for towing and storage under the provisions of this
Chapter shall require the contractor to demonstrate proof of financial
responsibility for any liability which the City may have as a result of
any negligence, willful conduct, or breach of contract by the
contractor, and for any damage which the owner of an impounded
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vehicle may sustain as a result of damage to or loss of the vehicle.
Proof of financial responsibility shall be furnished either by proof of
insurance, filing a surety bond and/or by depositing cash in such
amounts as the Finance Director shall determine necessary.
8.48.613 . Record of impounded vehicles.
A. The Police Department shall keep, and make available for
public inspection, a record of all vehicles impounded under the
provisions of this Chapter. The record shall include, but is not
necessarily limited to, the following information:
1. Manufacturer's trade name or make;
2. Vehicle license number and state of registration;
3. Vehicle identification number;
4. Such other descriptive information as the Chief of Police
deems useful for purposes of vehicle identification;
5. Basis for impoundment, including reference to the
appropriate Section or Sections of this subtitle; and
6. Disposition of the vehicle and date of disposition.
B. The Police Department shall furnish to the towing contractor,
upon request, the name of the registered owner of any vehicle
impounded by such contractor pursuant to this Chapter.
8.48.614 No impermissible regulation of consensual tows.
The provisions of this Chapter that establish requirements and
performance standards for tow contractors are limited in effect to
those contractors operating pursuant to an agreement with the City to
provide nonconsensual, rather than consensual, tows. Nothing in this
Chapter shall be construed as an attempt by the City to regulate, in
violation of any applicable federal or state law, the service or route of
towing contractors in providing consensual tows.
Section 2. Edmonds City Code Section 8.48.170 Parking Signs Or Other Notice
Require d is hereby amended to read as follows:
8.48.170 Parking signs or other notice required.
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Whenever by this title or any other ordinance of this city any parking
time limit is imposed or parking prohibited on designated streets, it
shall be the duty of the city traffic engineer to erect appropriate signs
giving notice thereof, provided, however, that the city traffic
engineer may designate such no parking zone by painting the curb
yellow, in lieu of or in addition to posting no parking signs. The
words "no parking" may also be painted on such yellow curb. No
regulations imposing parking time limits or prohibiting parking shall
be effective unless the signs and/or curb markings authorized herein
are in place at the time of any alleged infraction. The words "Tow
Away Zone" shall be added to signs in areas where impoundment is
authorized under this chapter.
Section 3. Adoption of applicable state law. A true and correct copy of Chapter
46.55 RCW, adopted and incorporated into the Edmonds City Code as provided herein, is attached
to this ordinance as Exhibit A.
Section 4. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 5. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
I
. . Vii? • • .
ATTEST /AUTHENTICATED:
. ,/ Ce,
J SANDRA S. CHASE, CITY CLERK
APPROVED AS TO FORM:
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OFFICE OF T Y AT Y:
BY
FILED WITH THE CITY CLERK: 06/15/2001
PASSED BY THE CITY COUNCIL: 06/19/2001
PUBLISHED: 06/24/2001
EFFECTIVE DATE: 06/29/2001
ORDINANCE NO. 3365
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SUMMARY OF ORDINANCE NO. 3365
of the City of Edmonds, Washington
On the 19th day of June, 2001, the City Council of the City of Edmonds, passed Ordinance
No. 3365. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 8.48 PARKING OF
THE EDMONDS CITY CODE PERTAINING TO PARKING BY
AMENDING SECTION 8.48.170 PARKING SIGNS OR OTHER
NOTICE REQUIRED, TO INCLUDE A NOTICE THAT
VIOLATORS WILL BE TOWED AND BY ADDING SECTION
8.48.168, PARKING OF UNLICENSED VEHICLE, DECLARING
IT ILLEGAL TO PARK AN UNLICENSED VEHICLE ON THE
STREETS; SECTION 8.48.600 AUTHORITY TO IMPOUND,
AUTHORIZING THE CITY TO IMPOUND ILLEGALLY
PARKED VEHICLES; SECTION 8.48.601 DEFINITION,
DEFINING IMPOUNDMENT; SECTION 8.48.602 APPLICABLE
STATE LAW ADOPTED BY REFERENCE, ADOPTING
CHAPTER 46.55 RCW BY REFERENCE; SECTION 8.48.603
IlVIPOUND WITHOUT PRIOR NOTICE, AUTHORIZING
IMPOUNDMENT OF CERTAIN VEHICLES WITHOUT PRIOR
NOTICE; SECTION 8.48.604 IMPOUND AFTER NOTICE,
AUTHORIZING IMPOUNDMENT AFTER NOTICE; SECTION
8.48.605 HOW IMPOUNDMENT IS TO BE EFFECTED,
ESTABLISHING IMPOUNDMENT PROCEDURES; SECTION
8.48.606 NOTICE TO OWNER, ESTABLISHING A METHOD
FOR PROVIDING VEHICLE OWNERS WITH NOTICE OF
IMPOUNDMENT; SECTION 8.48.607 REDEMPTION OF
IMPOUNDED VEHICLES, ESTABLISHING A METHOD FOR
REDEEMING IMPOUNDED VEHICLES; SECTION 8.48.608
POST - IMPOUND HEARING PROCEDURE, ESTABLISHING A
METHOD FOR POST - IMPOUNDMENT HEARINGS; 8.48.610
CONTRACT FOR TOWING AND STORAGE, AUTHORIZING
THE CITY TO ENTER INTO AN AGREEMENT FOR IMPOUND
SERVICES; 8.48.611 CONTRACT FOR TOWING AND
STORAGE - FINANCIAL RESPONSIBILITY, REQUIRING THE
IMPOUND CONTRACTOR TO DEMONSTRATE PROOF OF
FINANCIAL RESPONSIBILITY; 8.48.613 RECORD OF
IMPOUNDED VEHICLES, DIRECTING THE EDMONDS
POLICE DEPARTMENT TO MAINTAIN A RECORD OF ALL
IMPOUNDED VEHICLES; 8.48.614 NO IMPERMISSIBLE
REGULATION OF CONSENSUAL TOWS, CLARIFYING THE
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SCOPE AND EFFECT OF CITY REQUIREMENTS AND
STANDARDS FOR TOWING CONTRACTORS, AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of June, 2001.
ITY CLERK, SANDRA S. CHASE
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Page 1 of 9
REVISED CODE of WASHINGTON
Title 4.6 RCW MOTOR VEHICLES
Chapter 46.55 RCW_TOWING AND IMPOUNDMENT
Chapter 46.55.RCW
TOWING AND IMPOUNDMENT
(Formerly: Abandoned, unauthorized, and junk vehicles - -Tow truck operators)
Sections
46.55.010 Definitions.
TOW TRUCK OPERATORS -- REGISTRATION REQUIREMENTS
46.55.020 Registration required -- Penalty.
46.55_025 Registration or insurance required -- Penalty.
46.55.030 Application -- Contents, bond, insurance, fee, certificate.
46.55.035 Prohibited acts -- Penalty.
46.55.037 Compensation for private impounds.
46.55.040 Permit required -- Inspections of equipment and facilities.
46.55_050 Classification of trucks -- Marking requirements- -Time and place of inspection -- Penalty.
46_55.060 Business location -- Requirements.
46.55.063 Fees, schedules, contracts, invoices.
IMPOUNDING UNAUTHORIZED VEHICLES
46.55.070 Posting requirements -- Exception.
46.55.075 Law enforcement impound -- Required form.
46.55.080 Law enforcement impound, private impound -- Master log -- Certain associations restricted.
46.55.085 Law enforcement impound -- Unauthorized vehicle in right of way.
46.55.090 Storage, return requirements -- Personal property -- Combination endorsement for tow truck drivers- -
Viewing impounded vehicle.
46.55.100 Impound notice -- Abandoned vehicle report- -Owner information -- Disposition report.
46.55.105 Responsibility of registered owner.
46.55..110 Notice to legal and registered owners.
46.55.113 Removal by police officer.
46.55.115 State patrol -- Appointment of towing operators - -Lien for costs -- Appeal.
REDEMPTION RIGHTS AND HEARING PROCEDURES
46.55.120 Redemption of vehicles - -Sale of unredeemed property -- Improper impoundment.
46.55.130 Notice requirements -- Public auction -- Accumulation of storage charges.
46.55.1.40 Operator's lien, deficiency claim, liability.
RECORDS, INSPECTIONS, AND ENFORCEMENT
46.5_5.150 Vehicle transaction file.
46.55_.160 Availability of records, equipment, and facilities for audit and inspection.
46.55.170 Complaints, where forwarded.
46.55.180 Presiding officer at licensing hearing.
46.55.190 Rules.
46.55.200 Penalties for certain acts or omissions. EXHIBIT A
46_55..210 Cease and desist order.
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46.55.220
46.55.230
46.55.240
46.55.900
46.55.901.
46.55.902
46.55.910
Refusal to issue license, grounds for.
JUNK VEHICLE DISPOSITION
Junk vehicles -- Removal, disposal, sale -- Penalties -- Cleanup restitution payment.
LOCAL REGULATION
Local ordinances -- Requirements.
MISCELLANEOUS
Severability- -1985 c 377.
Headings not part of law- -1985 c 377.
Effective date - -1985 c 377.
Chapter not applicable to certain activities of department of transportation.
Notes:
Removal of unattended vehicle from highway: RCW 46._61.590.
Riding in towed vehicles: RCW 46,.61.625.
Safety chains for towing: RCW 46._37.495.
Size, weight, and load exemptions for tow trucks: RCW 4.644._015.
Page 2 of 9
RCW 46.55.010 Definitions.
The definitions set forth in this section apply throughout this chapter:
(1) "Abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and
held in the operator's possession for one hundred twenty consecutive hours.
(2) "Abandoned vehicle report" means the document prescribed by the state that the towing
operator forwards to the department after a vehicle has become abandoned.
(3) "Impound" means to take and hold a vehicle in legal custody. There are two types of
impounds -- public and private.
(a) "Public impound" means that the vehicle has been impounded at the direction of a law
enforcement officer or by a public official having jurisdiction over the public property upon which
the vehicle was located.
(b) "Private impound" means that the vehicle has been impounded at the direction of a person
having control or possession of the private property upon which the vehicle was located.
(4) "Junk vehicle" means a vehicle certified under RCW 46.55.230 as meeting at least three of
the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but not limited to any of the following: A
broken window or windshield, or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Has an approximate fair market value equal only to the approximate value of the scrap in it.
(5) "Master log" means the document or an electronic facsimile prescribed by the department and
the Washington state patrol in which an operator records transactions involving impounded vehicles.
(6) "Registered tow truck operator" or "operator" means any person who engages in the
impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles.
(7) "Residential property" means property that has no more than four living units located on it.
(8) "Suspended license impound" means an impound ordered under RCW 46.55.113 because the
operator was arrested for a violation of RCW 46.20_342 or *46.20.420.
(9) "Tow truck" means a motor vehicle that is equipped for and used in the business of towing
vehicles with equipment as approved by the state patrol.
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(10) "Tow truck number" means the number issued by the department to tow trucks used by a
registered tow truck operator in the state of Washington.
(11) "Tow truck permit" means the permit issued annually by the department that has the
classification of service the tow truck may provide stamped upon it.
(12) "Tow truck service" means the transporting upon the public streets and highways of this
state of vehicles, together with personal effects and cargo, by a tow truck of a registered operator.
(13) "Unauthorized vehicle" means a vehicle that is subject to impoundment after being left
unattended in one of the following public or private locations for the indicated period of time:
Subject to removal after:
(a) Public locations:
(i) Constituting an accident or a traffic hazard as
defined in RCW 46...55.1..13 Immediately
(ii) On a highway and tagged as described in RCW
46.55.085 24 hours
(iii) In a publicly owned or controlled parking
facility, properly posted under RCW
46.5 5.070 Immediately
(b) Private locations:
(i) On residential property Immediately
(ii) On private, nonresidential property, properly posted
under RCW 46.55.070 Immediately
(iii) On private, nonresidential property,
not posted 24 hours
[1999 c 398 § 2; 1998 c 203 § 8; 1994 c 176 § 1; 1991 c 292 § 1; 1989 c 111 § 1. Prior: 1987 c 330 § 739; 1987 c 311 §
1; 1985 c 377 § 1.]
Notes:
*Reviser's note: RCW 46.20.420 was recodified as RCW 46.20.345, June 1999.
Finding - -1998 c 203: See note following RCW 46.55,105.
Construction -- Application of rules-- Severability- -1987 c 330: See notes following RCW 28B.12.050.
TOW TRUCK OPERATORS -- REGISTRATION REQUIREMENTS
RCW 46.55.020 Registration required -- Penalty.
A person shall not engage in or offer to engage in the activities of a registered tow truck operator
without a current registration certificate from the department of licensing authorizing him to engage
in such activities. Any person engaging in or offering to engage in the activities of a registered tow
truck operator without the registration certificate required by this chapter is guilty of a gross
misdemeanor.
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A registered operator who engages in a business practice that is prohibited under this chapter
may be issued a notice of traffic infraction under chapter 46.63 RCW and is also subject to the civil
penalties that may be imposed by the department under this chapter. A person found to have
committed an offense that is a traffic infraction under this chapter is subject to a monetary penalty of
at least two hundred fifty dollars. All traffic infractions issued under this chapter shall be under the
jurisdiction of the district court in whose jurisdiction they were issued.
[1989 c 111 § 2; 1985 c 377 § 2.]
RCW 46.55.025 Registration or insurance required -- Penalty.
A vehicle engaging in the business of recovery of disabled vehicles for monetary compensation,
from or on a public road or highway must either be operated by a registered tow truck operator, or
someone who at a minimum has insurance in a like manner and amount as prescribed in RCW
46.55.._030(3), and have had their tow trucks inspected in a like manner as prescribed by RCW
46.55.040(1). The department shall adopt rules to enforce this section. Failure to comply with this
section is a class 1 civil infraction punishable under RCW 7.80120.
[1995 c 360 § 2.]
RCW 46.55.030 Application -- Contents, bond, insurance, fee, certificate.
(1) Application for licensing as a registered tow truck operator shall be made on forms furnished
by the department, shall be accompanied by an inspection certification from the Washington state
patrol, shall be signed by the applicant or an agent, and shall include the following information:
(a) The name and address of the person, firm, partnership, association, or corporation under
whose name the business is to be conducted;
(b) The names and addresses of all persons having an interest in the business, or if the owner is a
corporation, the names and addresses of the officers of the corporation;
(c) The names and addresses of all employees who serve as tow truck drivers;
(d) Proof of minimum insurance required by subsection (3) of this section;
(e) The vehicle license and vehicle identification numbers of all tow trucks of which the
applicant is the registered owner;
(f) Any other information the department may require; and
(g) A certificate of approval from the Washington state patrol certifying that:
(i) The applicant has an established place of business and that mail is received at the address
shown on the application;
(ii) The address of any storage locations where vehicles may be stored is correctly stated on the
application;
(iii) The place of business has an office area that is accessible to the public without entering the
storage area; and
(iv) The place of business has adequate and secure storage facilities, as defined in this chapter
and the rules of the department, where vehicles and their contents can be properly stored and
protected.
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(2) Before issuing a registration certificate to an applicant the department shall require the
applicant to file with the department a surety bond in the amount of five thousand dollars running to
the state and executed by a surety company authorized to do business in this state. The bond shall be
approved as to form by the attorney general and conditioned that the operator shall conduct his
business in conformity with the provisions of this chapter pertaining to abandoned or unauthorized
vehicles, and to compensate any person, company, or the state for failure to comply with this chapter
or the rules adopted hereunder, or for fraud, negligence, or misrepresentation in the handling of these
vehicles. Any person injured by the tow truck operator's failure to fully perform duties imposed by
this chapter and the rules adopted hereunder, or an ordinance or resolution adopted by a city, town, or
county is entitled to recover actual damages, including reasonable attorney's fees against the surety
and the tow truck operator. Successive recoveries against the bond shall be permitted, but the
aggregate liability of the surety to all persons shall not exceed the amount of the bond. As a condition
of authority to do business, the operator shall keep the bond in full force and effect. Failure to
maintain the penalty value of the bond or cancellation of the bond by the surety automatically cancels
the operator's registration.
(3) Before the department may issue a registration certificate to an applicant, the applicant shall
provide proof of minimum insurance requirements of:
(a) One hundred thousand dollars for liability for bodily injury or property damage per
occurrence; and
(b) Fifty thousand dollars of legal liability per occurrence, to protect against vehicle damage,
including but not limited to fire and theft, from the time a vehicle comes into the custody of an
operator until it is redeemed or sold.
Cancellation of or failure to maintain the insurance required by (a) and (b) of this subsection
automatically cancels the operator's registration.
(4) The fee for each original registration and annual renewal is one hundred dollars per company,
plus fifty dollars per truck. The department shall forward the registration fee to the state treasurer for
deposit in the motor vehicle fund.
(5) The applicant must submit an inspection certificate from the state patrol before the
department may issue or renew an operator's registration certificate or tow truck permits.
(6) Upon approval of the application, the department shall issue a registration certificate to the
registered operator to be displayed prominently at the operator's place of business.
[1989c 111 §3; 1987 c 311 §2; 1985 c377 § 3.]
RCW 46.55.035 Prohibited acts -- Penalty.
(1) No registered tow truck operator may:
(a) Except as authorized under RCW 46.55.037, ask for or receive any compensation, gratuity,
reward, or promise thereof from a person having control or possession of private property or from an
agent of the person authorized to sign an impound authorization, for or on account of the impounding
of a vehicle;
(b) Be beneficially interested in a contract, agreement, or understanding that may be made by or
between a person having control or possession of private property and an agent of the person
authorized to sign an impound authorization;
(c) Have a financial, equitable, or ownership interest in a firm, partnership, association, or
corporation whose functions include acting as an agent or a representative of a property owner for the
purpose of signing impound authorizations.
(2) This section does not prohibit the registered tow truck operator from collecting the costs of
towing, storage, or other services rendered during the course of towing, removing, impounding, or
storing of an impounded vehicle as provided by RCW 46.55.120.
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(3) A violation of this section is a gross misdemeanor.
[1992c 18§ 1; 1989c 111 §4.]
Notes:
Riding in towed vehicles: RCW 46.61.625.
Safety chains for towing: RCW 46.37.495.
RCW 46.55.037 Compensation for private impounds.
A registered tow truck operator may receive compensation from a private property owner or
agent for a private impound of an unauthorized vehicle that has an approximate fair market value
equal only to the approximate value of the scrap in it. The private property owner or an agent must
authorize the impound under RCW 46.55.080. The registered tow truck operator shall process the
vehicle in accordance with this chapter and shall deduct any compensation received from the private
property owner or agent from the amount of the lien on the vehicle in accordance with this chapter.
[1992c18 §2.]
RCW 46.55.040 Permit required -- Inspections of equipment and facilities.
(1) A registered operator shall apply for and keep current a tow truck permit for each tow truck
of which the operator is the registered owner. Application for a tow truck permit shall be
accompanied by a report from the Washington state patrol covering a physical inspection of each tow
truck capable of being used by the applicant.
(2) Upon receipt of the fee provided in RCW 46.55. 030(4) and a satisfactory inspection report
from the state patrol, the department shall issue each tow truck an annual tow truck permit or decal.
The class of the tow truck, determined according to RCW 46.55.050, shall be stamped on the permit
or decal. The permit or decal shall be displayed on the passenger side of the truck's front windshield.
(3) A tow truck number from the department shall be affixed in a permanent manner to each tow
truck.
(4) The Washington state patrol shall conduct annual inspections of tow truck operators'
equipment and facilities during the operators' normal business hours. Unscheduled inspections may
be conducted without notice at the operator's place of business by an inspector to determine the
fitness of a tow truck or facilities. At the time of the inspection, the operator shall provide a paper
copy of the master log referred to in RCW 46..55.080.
(5) If at the time of the annual or subsequent inspections the equipment does not meet the
requirements of this chapter, and the deficiency is a safety related deficiency, or the equipment is
necessary to the truck's performance, the inspector shall cause the registered tow truck operator to
remove that equipment from service as a tow truck until such time as the equipment has been
satisfactorily repaired. A red tag shall be placed on the windshield of a tow truck taken out of service,
and the tow truck shall not provide tow truck service until the Washington state patrol recertifies the
truck and removes the tag.
[1989 c 111 § 5; 1985 c 377 § 4.1
RCW 46.55.050 Classification of trucks -- Marking requirements - -Time and place of
inspection -- Penalty.
(1) Tow trucks shall be classified by towing capabilities, and shall meet or exceed all equipment
standards set by the state patrol for the type of tow trucks to be used by an operator.
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(2) All tow trucks shall display the firm's name, city of address, and telephone number. This
information shall be painted on or permanently affixed to both sides of the vehicle in accordance with
rules adopted by the department.
(3) Before a tow truck is put into tow truck service, or when the reinspection of a tow truck is
necessary, the district commander of the state patrol shall designate a location and time for the
inspection to be conducted. When practicable, the inspection or reinspection shall be made within
three business days following the request by the operator.
(4) Failure to comply with any requirement of this section or rules adopted under it is a traffic
infraction.
[1987 c 330 § 740; 1985 c 377 § 5.]
Notes:
Construction -- Application of rules -- Severability- -1987 c 330: See notes following RCW 28B.12.050.
RCW 46.55.060 Business location -- Requirements.
(1) The address that the tow truck operator lists on his or her application shall be the business
location of the firm where its files are kept. Each separate business location requires a separate
registration under this chapter. The application shall also list all locations of secure areas for vehicle
storage and redemption.
(2) Before an additional lot may be used for vehicle storage, it must be inspected and approved
by the state patrol. The lot must also be inspected and approved on an annual basis for continued use.
(3) Each business location must have a sign displaying the firm's name that is readable from the
street.
(4) At the business locations listed where vehicles may be redeemed, the registered operator shall
post in a conspicuous and accessible location:
(a) All pertinent licenses and permits to operate as a registered tow truck operator;
(b) The current towing and storage charges itemized on a form approved by the department;
(c) The vehicle redemption procedure and rights;
(d) Information supplied by the department as to where complaints regarding either equipment or
service are to be directed;
(e) Information concerning the acceptance of commercially reasonable tender as defined in
*RCW 46.55.120(1)(b).
(5) The department shall adopt rules concerning fencing and security requirements of storage
areas, which may provide for modifications or exemptions where needed to achieve compliance with
local zoning laws.
(6) On any day when the registered tow truck operator holds the towing services open for
business, the business office shall remain open with personnel present who are able to release
impounded vehicles in accordance with this chapter and the rules adopted under it. The normal
business hours of a towing service shall be from 8:00 a.m. to 5:00 p.m. on weekdays, excluding
Saturdays, Sundays, and holidays.
(7) A registered tow truck operator shall maintain personnel who can be contacted twenty -four
hours a day to release impounded vehicles within a reasonable time.
(8) A registered operator shall provide access to a telephone for any person redeeming a vehicle,
at the time of redemption.
[1989c 111 §6; 1987 c 311 §3; 1985 c377 §6]
Notes:
*Reviser's note: RCW 46.55.120 was amended by 1999 c 398 § 7, changing subsection (1)(b) to subsection (1)(e).
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RCW 46.55.063 Fees, schedules, contracts, invoices.
(1) An operator shall file a fee schedule with the department. All filed fees must be adequate to
cover the costs of service provided. No fees may exceed those filed with the department. At least ten
days before the effective date of any change in an operator's fee schedule, the registered tow truck
operator shall file the revised fee schedule with the department.
(2) Towing contracts with private. property owners shall be in written form and state the hours of
authorization to impound, the persons empowered to authorize the impounds, and the present charge
of a private impound for the classes of tow trucks to be used in the impound, and must be retained in
the files of the registered tow truck operator for three years.
(3) A fee that is charged for tow truck service must be calculated on an hourly basis, and after the
first hour must be charged to the nearest quarter hour.
(4) Fees that are charged for the storage of a vehicle, or for other items of personal property
registered or titled with the department, must be calculated on a twenty -four hour basis and must be
charged to the nearest half day from the time the vehicle arrived at the secure storage area. However,
items of personal property registered or titled with the department that are wholly contained within an
impounded vehicle are not subject to additional storage fees; they are, however, subject to satisfying
the underlying lien for towing and storage of the vehicle in which they are contained.
(5) All billing invoices that are provided to the redeemer of the vehicle, or other items of
personal property registered or titled with the department, must be itemized so that the individual fees
are clearly discernable.
[1995 c 360 § 3; 1989 c 111 § 7.]
IMPOUNDING UNAUTHORIZED VEHICLES
RCW 46.55.070 Posting requirements -- Exception.
(1) No person may impound, tow, or otherwise disturb any unauthorized vehicle standing on
nonresidential private property or in a public parking facility for less than twenty -four hours unless a
sign is posted near each entrance and on the property in a clearly conspicuous and visible location to
all who park on such property that clearly indicates:
(a) The times a vehicle may be impounded as an unauthorized vehicle; and
(b) The name, telephone number, and address of the towing firm where the vehicle may be
redeemed.
(2) The requirements of subsection (1) of this section do not apply to residential property. Any
person having charge of such property may have an unauthorized vehicle impounded immediately
upon giving written authorization.
(3) The department shall adopt rules relating to the size of the sign required by subsection (1) of
this section, its lettering, placement, and the number required.
(4) This section applies to all new signs erected after July 1, 1986. All other signs must meet
these requirements by July 1, 1989.
[1987 c 311 § 4; 1985 c 377 § 7.]
RCW 46.55.075 Law enforcement impound -- Required form.
The Washington state patrol shall provide by rule for a uniform impound authorization and
inventory form. All law enforcement agencies must use this form for all vehicle impounds after June
30, 2001.
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REVISED CODE of WASHINGTON
Title 46 RCW MOTOR VEHICLES
Chapte"4 .55 RCW TOWING AND IMPOUNDMENT
IMPOUNDING. UNAUTHORIZED_,VEHICLE.$.
RCW 46.55.080 Law .. enforcement ._ impound.,_private_im�ound -- Master log--
Certain associations restricted.
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RCW 46.55.080 Law enforcement impound, private impound -- Master log -- Certain
associations restricted.
(1) If a vehicle is in violation of the time restrictions of RCW 46.55.010.(13), it may be
impounded by a registered tow truck operator at the direction of a law enforcement officer or other
public official with jurisdiction if the vehicle is on public property, or at the direction of the property
owner or an agent if it is on private properly. A law enforcement officer may also direct the
impoundment of a vehicle pursuant to a writ or court order.
(2) The person requesting a private impound or a law enforcement officer or public official
requesting a public impound shall provide a signed authorization for the impound at the time and
place of the impound to the registered tow truck operator before the operator may proceed with the
impound. A registered tow truck operator, employee, or his or her agent may not serve as an agent of
a property owner for the purposes of signing an impound authorization or, independent of the
property owner, identify a vehicle for impound.
(3) In the case of a private impound, the impound authorization shall include the following
statement: "A person authorizing this impound, if the impound is found in violation of chapter 4655
RCW, may be held liable for the costs incurred by the vehicle owner."
(4) A registered tow truck operator shall record and keep in the operator's files the date and time
that a vehicle is put in the operator's custody and released. The operator shall make an entry into a
master log regarding transactions relating to impounded vehicles. The operator shall make this master
log available, upon request, to representatives of the department or the state patrol.
(5) A person who engages in or offers to engage in the activities of a registered tow truck
operator may not be associated in any way with a person or business whose main activity is
authorizing the impounding of vehicles.
[1999 c 398 § 4; 1989 c 111 § 8; 1987 c 311 § 5; 1985 c 377 § 8.]
RCW 46.55.085 Law enforcement impound -- Unauthorized vehicle in right of way.
(1) A law enforcement officer discovering an unauthorized vehicle left within a highway right of
way shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the
following information:
(a) The date and time the sticker was attached;
(b) The identity of the officer;
(c) A statement that if the vehicle is not removed within twenty -four hours from the time the
sticker is attached, the vehicle may be taken into custody and stored at the owner's expense; and
(d) The address and telephone number where additional information may be obtained.
(2) If the vehicle has current Washington registration plates, the officer shall check the records to
learn the identity of the last owner of record. The officer or his department shall make a reasonable
effort to contact the owner by telephone in order to give the owner the information on the notification
sticker.
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(3) If the vehicle is not removed within twenty -four hours from the time the notification sticker
is attached, the law enforcement officer may take custody of the vehicle and provide for the vehicle's
removal to a place of safety. A vehicle that does not pose a safety hazard may remain on the roadside
for more than twenty -four hours if the owner or operator is unable to remove it from the place where
it is located and so notifies law enforcement officials and requests assistance.
(4) For the purposes of this section a place of safety includes the business location of a registered
tow truck operator.
[1993 c 121 § 1; 1987 c 311 § 6. Formerly RCW 46.52.170 and 46.52.180.]
RCW 46.55.090 Storage, return requirements -- Personal property -- Combination
endorsement for tow truck drivers -- Viewing impounded vehicle.
(1) All vehicles impounded shall be taken to the nearest storage location that has been inspected
and is listed on the application filed with the department.
(2) All vehicles shall be handled and returned in substantially the same condition as they existed
before being towed.
(3) All personal belongings and contents in the vehicle, with the exception of those items of
personal property that are registered or titled with the department, shall be kept intact, and shall be
returned to the vehicle's owner or agent during normal business hours upon request and presentation
of a driver's license or other sufficient identification. Personal belongings, with the exception of those
items of personal property that are registered or titled with the department, shall not be sold at auction
to fulfill a lien against the vehicle.
(4) All personal belongings, with the exception of those items of personal property that are
registered or titled with the department, not claimed before the auction shall be turned over to the
local law enforcement agency to which the initial notification of impoundment was given. Such
personal belongings shall be disposed of pursuant to chapter 63..32 or 63...40. RCW.
(5) Tow truck drivers shall have a Washington state driver's license endorsed for the appropriate
classification under chapter 46.25 RCW or the equivalent issued by another state.
(6) Any person who shows proof of ownership or written authorization from the impounded
vehicle's registered or legal owner or the vehicle's insurer may view the vehicle without charge during
normal business hours.
[1995 c 360 § 4; 1989 c 178 § 25; 1987 c 311 § 7; 1985 c 377 § 9.]
Notes:
Severability -- Effective dates - -1989 c 178: See RCW 46.25.900 and 46.25.901_.
RCW 46.55.100 Impound notice -- Abandoned vehicle report - -Owner information- -
Disposition report.
(1) At the time of impoundment the registered tow truck operator providing the towing service
shall give immediate notification, by telephone or radio, to a law enforcement agency having
jurisdiction who shall maintain a log of such reports. A law enforcement agency, or a private
communication center acting on behalf of a law enforcement agency, shall within six to twelve hours
of the impoundment, provide to a requesting operator the name and address of the legal and
registered owners of the vehicle, and the registered owner of any personal property registered or titled
with the department that is attached to or contained in or on the impounded vehicle, the vehicle
identification number, and any other necessary, pertinent information. The initial notice of
impoundment shall be followed by a written or electronic facsimile notice within twenty -four hours.
In the case of a vehicle from another state, time requirements of this subsection do not apply until the
requesting law enforcement agency in this state receives the information.
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(2) The operator shall immediately send an abandoned vehicle report to the department for any
vehicle, and for any items of personal property registered or titled with the department, that are in the
operator's possession after the one hundred twenty hour abandonment period. Such report need not be
sent when the impoundment is pursuant to a writ, court order, or police hold that is not a suspended
license impound. The owner notification and abandonment process shall be initiated by the registered
tow truck operator immediately following notification by a court or law enforcement officer that the
writ, court order, or police hold that is not a suspended license impound is no longer in effect.
(3) Following the submittal of an abandoned vehicle report, the department shall provide the
registered tow truck operator with owner information within seventy -two hours.
(4) Within fourteen days of the sale of an abandoned vehicle at public auction, the towing
operator shall send a copy of the abandoned vehicle report showing the disposition of the abandoned
vehicle and any other items of personal property. registered or titled with the department to the crime
information center of the Washington state patrol.
(5) If the operator sends an abandoned vehicle report to the department and the department finds
no owner information, an operator may proceed with an inspection of the vehicle and any other items
of personal property registered or titled with the department to determine whether owner
identification is within the vehicle.
(6) If the operator finds no owner identification, the operator shall immediately notify the
appropriate law enforcement agency, which shall search the vehicle and any other items of personal
property registered or titled with the department for the vehicle identification number or other
appropriate identification numbers and check the necessary records to determine the vehicle's or other
property's owners.
[1999 c 398 § 5; 1998 c 203 § 9; 1995 c 360 § 5; 1991 c 20 § 1; 1989 c 111 § 9; 1987 c 311 § 8; 1985 c 377 § 10.]
Notes:
Finding - -1998 c 203: See note following RCW 46.55.105.
RCW 46.55.105. Responsibility of registered owner.
(1) The abandonment of any vehicle creates a prima facie presumption that the last registered
owner of record is responsible for the abandonment and is liable for costs incurred in removing,
storing, and disposing of the abandoned vehicle, less amounts realized at auction.
(2) If an unauthorized vehicle is found abandoned under subsection (1) of this section and
removed at the direction of law enforcement, the last registered owner of record is guilty of a traffic
infraction, unless the vehicle is redeemed as provided in RCW 46.55.120. In addition to any other
monetary penalty payable under chapter 46_.63 RCW, the court shall not consider all monetary
penalties as having been paid until the court is satisfied that the person found to have committed the
infraction has made restitution in the amount of the deficiency remaining after disposal of the vehicle
under RCW 46.55.140.
(3) A vehicle theft report filed with a law enforcement agency relieves the last registered owner
of liability under subsection (2) of this section for failure to redeem the vehicle. However, the last
registered owner remains liable for the costs incurred in removing, storing, and disposing of the
abandoned vehicle under subsection (1) of this section. Nothing in this section limits in any way the
registered owner's rights in a civil action or as restitution in a criminal action against a person
responsible for the theft of the vehicle.
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(4) Properly filing a report of sale or transfer regarding the vehicle involved in accordance with
RCW 46.12.1.01(1) relieves the last registered owner of liability under subsections (1) and (2) of this
section. If the date of sale as indicated on the report of sale is on or before the date of impoundment,
the buyer identified on the latest properly filed report of sale with the department is assumed liable
for the costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts
realized at auction. If the date of sale is after the date of impoundment, the previous registered owner
is assumed to be liable for such costs. A licensed vehicle dealer is not liable under subsections (1) and
(2) of this section if the dealer, as transferee or assignee of the last registered owner of the vehicle
involved, has complied with the requirements of RCW 46.70.122 upon selling or otherwise disposing
of the vehicle, or if the dealer has timely filed a transitional ownership record or report of sale under
RCW 46.12.103. In that case the person to whom the licensed vehicle dealer has sold or transferred
the vehicle is assumed liable for the costs incurred in removing, storing, and disposing of the
abandoned vehicle, less amounts realized at auction.
(5) For the purposes of reporting notices of traffic infraction to the department under RCW
46.20.270 and 46.52.101, and for purposes of reporting notices of failure to appear, respond, or
comply regarding a notice of traffic infraction to the department under *RCW 46..63.070(5), a traffic
infraction under subsection (2) of this section is not considered to be a standing, stopping, or parking
violation.
(6) A notice of infraction for a violation of this section may be filed with a court of limited
jurisdiction organized under Title 3, 35, or 35A RCW, or with a violations bureau subject to the
court's jurisdiction.
[1999 c 86 § 5; 1998 c 203 § 2; 1995 c 219 § 4; 1993 c 314 § 1.1
Notes:
*Reviser's note: RCW 46.63.070 was amended by 2000 c 110 § 1, changing subsection (5) to subsection (6).
Finding -4998 c 203: "The legislature finds that the license to drive a motor vehicle on the public highways is suspended
or revoked in order to protect public safety following a driver's failure to comply with the laws of this state. Over six
hundred persons are killed in traffic accidents in Washington annually, and more than eighty-four thousand persons are
injured. It is estimated that of the three million four hundred thousand drivers' licenses issued to citizens of Washington,
more than two hundred sixty thousand are suspended or revoked at any given time. Suspended drivers are more likely to
be involved in causing traffic accidents, including fatal accidents, than properly licensed drivers, and pose a serious threat
to the lives and property of Washington residents. Statistics show that suspended drivers are three times more likely to kill
or seriously injure others in the commission of traffic felony offenses than are validly licensed drivers. In addition to not
having a driver's license, most such drivers also lack required liability insurance, increasing the financial burden upon
other citizens through uninsured losses and higher insurance costs for validly licensed drivers. Because of the threat posed
by suspended drivers, all registered owners of motor vehicles in Washington have a duty to not allow their vehicles to be
driven by a suspended driver.
Despite the existence of criminal penalties for driving with a suspended or revoked license, an estimated seventy-five
percent of these drivers continue to drive anyway. Existing sanctions are not sufficient to deter or prevent persons with a
suspended or revoked license from driving. It is common for suspended drivers to resume driving immediately after being
stopped, cited, and released by a police officer and to continue to drive while a criminal prosecution for suspended driving
is pending. More than half of all suspended drivers charged with the crime of driving while suspended or revoked fail to
appear for court hearings. Vehicle impoundment will provide an immediate consequence which will increase deterrence
and reduce unlawful driving by preventing a suspended driver access to that vehicle. Vehicle impoundment will also
provide an appropriate measure of accountability for registered owners who permit suspended drivers to drive their
vehicles. Impoundment of vehicles driven by suspended drivers has been shown to reduce future driving while suspended
or revoked offenses for up to two years afterwards, and the recidivism rate for drivers whose cars were not impounded
was one hundred percent higher than for drivers whose cars were impounded. In order to adequately protect public safety
and to enforce the state's driver licensing laws, it is necessary to authorize the impoundment of any vehicle when it is
found to be operated by a driver with a suspended or revoked license in violation of RCW 46_.2_0_.342 and *46.20.420. The
impoundment of a vehicle operated in violation of RCW 46.20.342 or *46.20.420 is intended to be a civil in rem action
against the vehicle in order to remove it from the public highways and reduce the risk posed to traffic safety by a vehicle
accessible to a driver who is reasonably believed to have violated these laws." [1998 c 203 § 1.]
*Reviser's note: RCW 46..20.420 was recodified as RCW 46.20.345, June 1999.
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RCW 46.55.110 Notice to legal and registered owners.
(1) When an unauthorized vehicle is impounded, the impounding towing operator shall notify
the legal and registered owners of the impoundment of the unauthorized vehicle and the owners of
any other items of personal property registered or titled with the department. The notification shall be
sent by first -class mail within twenty -four hours after the impoundment to the last known registered
and legal owners of the vehicle, and the owners of any other items of personal property registered or
titled with the department, as provided by the law enforcement agency, and shall inform the owners
of the identity of the person or agency authorizing the impound. The notification shall include the
name of the impounding tow firm, its address, and telephone number. The notice shall also include
the location, time of the impound, and by whose authority the vehicle was impounded. The notice
shall also include the written notice of the right of redemption and opportunity for a hearing to
contest the validity of the impoundment pursuant to RCW 46.55.120.
(2) In addition, if a suspended license impound has been ordered, the notice must state the length
of the impound, the requirement of the posting of a security deposit to ensure payment of the costs of
removal, towing, and storage, notification that if the security deposit is not posted the vehicle will
immediately be processed and sold at auction as an abandoned vehicle, and the requirements set out
in RCW 46_.55_120(1)(b) regarding the payment of the costs of removal, towing, and storage as well
as providing proof of satisfaction of any penalties, fines, or forfeitures before redemption. The notice
must also state that the registered owner is ineligible to purchase the vehicle at the abandoned vehicle
auction, if held.
(3) In the case of an abandoned vehicle, or other item of personal property registered or titled
with the department, within twenty -four hours after receiving information on the owners from the
department through the abandoned vehicle report, the tow truck operator shall send by certified mail,
with return receipt requested, a notice of custody and sale to the legal and registered owners.
(4) If the date on which a notice required by subsection (3) of this section is to be mailed falls
upon a Saturday, Sunday, or a postal holiday, the notice may be mailed on the next day that is neither
a Saturday, Sunday, nor a postal holiday.
(5) No notices need be sent to the legal or registered owners of an impounded vehicle or other
item of personal property registered or titled with the department, if the vehicle or personal property
has been redeemed.
[1999 c 398 § 6; 1998 c 203 § 3; 1995 c 360 § 6; 1989 c 111 § 10; 1987 c 311 § 9; 1985 c 377 § 11.1
Notes:
Finding -4998 c 203: See note following RCW 46.55.105.
RCW 46_.55.1.13 Removal by police officer.
Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504 or of
.- ...........
-- - -- --- - -.... —
RCW 46.20.342 or *46.20.420, the vehicle is subject to impoundment, pursuant to applicable local
ordinance or state agency rule at the direction of a law enforcement officer. In addition, a police
officer may take custody of a vehicle and provide for its prompt removal to a place of safety under
any of the following circumstances:
(1) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of
the provisions of RCW 46_6.1_.560, the officer may provide for the removal of the vehicle or require
the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;
(2) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle
constitutes an obstruction to traffic or jeopardizes public safety;
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(3) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the
driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps
to be taken to protect his or her property;
(4) Whenever the driver of a vehicle is arrested and taken into custody by a police officer;
(5) Whenever a police officer discovers a vehicle that the officer determines to be a stolen
vehicle;
(6) Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle
is being used to transport a disabled person under RCW 46..16.381. is parked in a stall or space clearly
and conspicuously marked under RCW 46.61.581 which space is provided on private property
without charge or on public property;
(7) Upon determining that a person is operating a motor vehicle without a valid driver's license
in violation of RCW 46.20.005 or with a license that has been expired for ninety days or more.
Nothing in this section may derogate from the powers of police officers under the common law.
For the purposes of this section, a place of safety may include the business location of a registered
tow truck operator.
[1998 c 203 § 4; 1997 c 66 § 7; 1996 c89 § 1; 1994 c 275 § 32; 1987 c 311 § 10. Formerly RCW 46.61.565.]
Notes:
*Reviser's note: RCW 46.20.420 was recodified as RCW 46.20.345, June 1999.
Finding -4998 c 203: See note following RCW 46.55.105.
Short title -- Effective date - -1994 c 275: See notes following RCW 46 04.015.
RCW 46.55.115 State patrol -- Appointment of towing operators - -Lien for costs -- Appeal.
The Washington state patrol, under its authority to remove vehicles from the highway, may
remove the vehicles directly, through towing operators appointed by the state patrol and called on a
rotational or other basis, through contracts with towing operators, or by a combination of these
methods. When removal is to be accomplished through a towing operator on a noncontractual basis,
the state patrol may appoint any towing operator for this purpose upon the application of the operator.
Each appointment shall be contingent upon the submission of an application to the state patrol and
the making of subsequent reports in such form and frequency and compliance with such standards of
equipment, performance, pricing, and practices as may be required by rule of the state patrol.
An appointment may be rescinded by the state patrol upon evidence that the appointed towing
operator is not complying with the laws or rules relating to the removal and storage of vehicles from
the highway. The state patrol may not rescind an appointment merely because a registered tow truck
operator negotiates a different rate for voluntary, owner- requested towing than for involuntary towing
under this chapter. The costs of removal and storage of vehicles under this section shall be paid by
the owner or driver of the vehicle and shall be a lien upon the vehicle until paid, unless the removal is
determined to be invalid.
Rules promulgated under this section shall be binding only upon those towing operators
appointed by the state patrol for the purpose of performing towing services at the request of the
Washington state patrol. Any person aggrieved by a decision of the state patrol made under this
section may appeal the decision under chapter 34.05. RCW.
[1993 c 121 § 2; 1987 c 330 § 744; 1979 ex.s. c 178 § 22; 1977 ex.s. c 167 § 5. Formerly RCW 46.61_567.]
Notes:
Construction -- Application of rules -- Severability- -1987 c 330: See notes following RCW 2813.12.050.
Severability -4979 ex.s. c 178: See note following RCW 46.61.590.
REDEMPTION RIGHTS AND HEARING PROCEDURES
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RCW 46.55.120 Redemption of vehicles - -Sale of unredeemed property -- Improper
impoundment.
(1) Vehicles or other items of personal property registered or titled with the department that are
impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113, or
9A.88_.140. may be redeemed only under the following circumstances:
(a) Only the legal owner, the registered owner, a person authorized in writing by the registered
owner or the vehicle's insurer, a person who is determined and verified by the operator to have the
permission of the registered owner of the vehicle or other item of personal property registered or
titled with the department, or one who has purchased a vehicle or item of personal property registered
or titled with the department from the registered owner who produces proof of ownership or written
authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal
property registered or titled with the department. In addition, a vehicle impounded because the
operator is in violation of RCW 46.20._342(1)(c) shall not be released until a person eligible to redeem
it under this subsection (1)(a) satisfies the requirements of (e) of this subsection, including paying all
towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a
government agency. If the department's records show that the operator has been convicted of a
violation of RCW 46.20.342, or a similar local ordinance within the past five years, the vehicle may
be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. A
vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be
released only pursuant to a written order from the agency that ordered the vehicle impounded or from
the court having jurisdiction. An agency may issue a written order to release pursuant to a provision
of an applicable state agency rule or local ordinance authorizing release on the basis 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.
If a vehicle is impounded because the operator is in violation of RCW 4..6...20.342(1) (a) or (b),
the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle
impounded. However, if the department's records show that the operator has been convicted of a
violation of RCW 46.20.342(1) (a) or (b) or a similar local ordinance within the past five years, the
vehicle may be held at the written direction of the agency ordering the vehicle impounded for up to
sixty days, and for up to ninety days if the operator has two or more such prior offenses. If a vehicle is
impounded because the operator is arrested for a violation of RCW 46..20.342, the vehicle may not be
released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of
(e) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact
that the hold was ordered by a government agency.
(b) If the vehicle is directed to be held for a suspended license impound, a person who desires to
redeem the vehicle at the end of the period of impound shall within five days of the impound at the
request of the tow truck operator pay a security deposit to the tow truck operator of not more than
one -half of the applicable impound storage rate for each day of the proposed suspended license
impound. The tow truck operator shall credit this amount against the final bill for removal, towing,
and storage upon redemption. The tow truck operator may accept other sufficient security in lieu of
the security deposit. If the person desiring to redeem the vehicle does not pay the security deposit or
provide other security acceptable to the tow truck operator, the tow truck operator may process and
sell at auction the vehicle as an abandoned vehicle within the normal time limits set out in RCW
46.55.130(1). The security deposit required by this section may be paid and must be accepted at any
time up to twenty -four hours before the beginning of the auction to sell the vehicle as abandoned. The
registered owner is not eligible to purchase the vehicle at the auction, and the tow truck operator shall
sell the vehicle to the highest bidder who is not the registered owner.
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(c) Notwithstanding (b) of this subsection, a rental car business may immediately redeem a rental
vehicle it owns by payment of the costs of removal, towing, and storage, whereupon the vehicle will
not be held for a suspended license impound.
(d) Notwithstanding (b) of this subsection, a motor vehicle dealer or lender with a perfected
security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of
the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended
license impound. A motor vehicle dealer or lender with a perfected security interest in the vehicle
may not knowingly and intentionally engage in collusion with a registered owner to repossess and
then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license
impound. However, this provision does- not preclude a vehicle dealer or a lender with a perfected
security interest in the vehicle from repossessing the vehicle and then selling, leasing, or otherwise
disposing of it in accordance with *chapter 62A.9 RCW, including providing redemption rights to the
debtor under *RCW 62A.9 -506. If the debtor is the registered owner of the vehicle, the debtor's right
to redeem the vehicle under *chapter 62A.9 RCW is conditioned upon the debtor obtaining and
providing proof from the impounding authority or court having jurisdiction that any fines, penalties,
and forfeitures owed by the registered owner, as a result of the suspended license impound, have been
paid, and proof of the payment must be tendered to the vehicle dealer or lender at the time the debtor
tenders all other obligations required to redeem the vehicle. Vehicle dealers or lenders are not liable
for damages if they rely in good faith on an order from the impounding agency or a court in releasing
a vehicle held under a suspended license impound.
(e) The vehicle or other item of personal property registered or titled with the department shall
be released upon the presentation to any person having custody of the vehicle of commercially
reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during
the course of towing, removing, impounding, or storing any such vehicle, with credit being given for
the amount of any security deposit paid under (b) of this subsection. In addition, if a vehicle is
impounded because the operator was arrested for a violation of RCW 46_20.342 or 46.20.345. and was
being operated by the registered owner when it was impounded under local ordinance or agency rule,
it must not be released to any person until the registered owner establishes with the agency that
ordered the vehicle impounded or the court having jurisdiction that any penalties, fines, or forfeitures
owed by him or her have been satisfied. Registered tow truck operators are not liable for damages if
they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held
under a suspended license impound. Commercially reasonable tender shall include, without
limitation, cash, major bank credit cards issued by financial institutions, or personal checks drawn on
Washington state branches of financial institutions if accompanied by two pieces of valid
identification, one of which may be required by the operator to have a photograph. If the towing firm
cannot determine through the customer's bank or a check verification service that the presented check
would be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the
check. Any person who stops payment on a personal check or credit card, or does not make restitution
within ten days from the date a check becomes- insufficient due to lack of funds, to a towing firm that
has provided a service pursuant to this section or in any other manner defrauds the towing firm in
connection with services rendered pursuant to this section shall be liable for damages in the amount
of twice the towing and storage fees, plus costs and reasonable attorney's fees.
(2)(a) The registered tow truck operator shall give to each person who seeks to redeem an
impounded vehicle, or item of personal property registered or titled with the department, written
notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by
a form to be used for requesting a hearing, the name of the person or agency authorizing the impound,
and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a
record evidenced by the redeeming person's signature that such notification was provided.
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(b) Any person seeking to redeem an impounded vehicle under this section has a right to a
hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to
contest the validity of the impoundment or the amount of towing and storage charges. The district
court has jurisdiction to determine the issues involving all impoundments including those authorized
by the state or its agents. The municipal court has jurisdiction to determine the issues involving
impoundments authorized by agents of the municipality. Any request for a hearing shall be made in
writing on the form provided for that purpose and must be received by the appropriate court within
ten days of the date the opportunity was provided for in subsection (2)(a) of this section and more
than five days before the date of the auction. At the time of the filing of the hearing request, the
petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in
district court. If the hearing request is not received by the court within the ten -day period, the right to
a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment
charges permitted under this chapter. Upon receipt of a timely hearing request, the court shall proceed
to hear and determine the validity of the impoundment.
(3)(a) The court, within five days after the request for a hearing, shall notify the registered tow
truck operator, the person requesting the hearing if not the owner, the registered and legal owners of
the vehicle or other item of personal property registered or titled with the department, and the person
or agency authorizing the impound in writing of the hearing date and time.
(b) At the hearing, the person or persons requesting the hearing may produce any relevant
evidence to show that the impoundment, towing, or storage fees charged were not proper. The court
may consider a written report made under oath by the officer who authorized the impoundment in lieu
of the officer's personal appearance at the hearing.
(c) At the conclusion of the hearing, the court shall determine whether the impoundment was
proper, whether the towing or storage fees charged were in compliance with the posted rates, and who
is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance
with the posted or contracted rates.
(d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted
under this chapter together with court costs shall be assessed against the person or persons requesting
the hearing, unless the operator did not have a signed and valid impoundment authorization from a
private property owner or an authorized agent.
(e) If the impoundment is determined to be in violation of this chapter, then the registered and
legal owners of the vehicle or other item of personal property registered or titled with the department
shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged
as appropriate, and the person or agency who authorized the impoundment shall be liable for any
towing, storage, or other impoundment fees permitted under this chapter. The court shall enter
judgment in favor of the registered tow truck operator against the person or agency authorizing the
impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter
judgment in favor of the registered and legal owners of the vehicle, or other item of personal property
registered or titled with the department, for the amount of the filing fee required by law for the
impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the
time the same was impounded, for not less than fifty dollars per day, against the person or agency
authorizing the impound. However, if an impoundment arising from an alleged violation of RCW
46.20.342 or 46.20.345 is determined to be in violation of this chapter, then the law enforcement
officer directing the impoundment and the government employing the officer are not liable for
damages if the officer relied in good faith and without gross negligence on the records of the
department in ascertaining that the operator of the vehicle had a suspended or revoked driver's
license. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the
court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce
the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of
mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment
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shall read essentially as follows:
lCe�
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YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the ......
Court located at ...... in the sum of $....... in an action entitled ....... Case No.... .
YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you
under RCW ... if the judgment is not paid within 15 days of the date of this notice.
DATED this .... day of ....... (year) ...
Signature .................
Typed name and address
of parry mailing notice
(4) Any impounded abandoned vehicle or item of personal property registered or titled with the
department that is not redeemed within fifteen days of mailing of the notice of custody and sale as
required by RCW 46.55.110(3) shall be sold at public auction in accordance with all the provisions
and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered
or titled with the department may be redeemed at any time before the start of the auction upon
payment of the applicable towing and storage fees.
[2000 c 193 § 1. Prior: 1999 c 398 § 7; 1999 c 327 § 5; 1998 c 203 § 5; 1996 c 89 § 2; 1995 c 360 § 7; 1993 c 121 § 3;
1989c 111 § 11; 1987 c 311 § 12; 1985 c 377 § 12.]
Notes:
*Reviser's note: Chapter 62A.9 RCW was repealed in its entirety by 2000 c 250 § 9A -901, effective July 1, 2001. For
later enactment, see chapter 62A.9A RCW.
Findings -- Intent - -1999 c 327: See note following RCW 9A.88.130.
Finding -4998 c 203: See note following RCW 46.55.105.
RCW 46.55.130 Notice requirements -- Public auction -- Accumulation of storage charges.
(1) If, after the expiration of fifteen days from the date of mailing of notice of custody and sale
required in RCW 46.55...11.0..(3) to the registered and legal owners, the vehicle remains unclaimed and
has not been listed as a stolen vehicle, or a suspended license impound has been directed, but no
security paid under RCW _4.6.55.._1.20, then the registered tow truck operator having custody of the
vehicle shall conduct a sale of the vehicle at public auction after having first published a notice of the
date, place, and time of the auction in a newspaper of general circulation in the county in which the
vehicle is located not less than three days and no more than ten days before the date of the auction.
The notice shall contain a description of the vehicle including the make, model, year, and license
number and a notification that a three -hour public viewing period will be available before the auction.
The auction shall be held during daylight hours of a normal business day.
(2) The following procedures are required in any public auction of such abandoned vehicles:
(a) The auction shall be held in such a manner that all persons present are given an equal time
and opportunity to bid;
(b) All bidders must be present at the time of auction unless they have submitted to the registered
tow truck operator, who may or may not choose to use the preauction bid method, a written bid on a
specific vehicle. Written bids may be submitted up to five days before the auction and shall clearly
state which vehicle is being bid upon, the amount of the bid, and who is submitting the bid;
(c) The open bid process, including all written bids, shall be used so that everyone knows the
dollar value that must be exceeded;
(d) The highest two bids received shall be recorded in written form and shall include the name,
address, and telephone number of each such bidder;
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(e) In case the high bidder defaults, the next bidder has the right to purchase the vehicle for the
amount of his or her bid;
(f) The successful bidder shall apply for title within fifteen days;
(g) The registered tow truck operator shall post a copy of the auction procedure at the bidding
site. If the bidding site is different from the licensed office location, the operator shall post a clearly
visible sign at the office location that describes in detail where the auction will be held. At the
bidding site a copy of the newspaper advertisement that lists the vehicles for sale shall be posted;
(h) All surplus moneys derived from the auction after satisfaction of the registered tow truck
operator's lien shall be remitted within thirty days to the department for deposit in the state motor
vehicle fund. A report identifying the vehicles resulting in any surplus shall accompany the remitted
funds. If the director subsequently receives a valid claim from the registered vehicle owner of record
as determined by the department within one year from the date of the auction, the surplus moneys
shall be remitted to such owner;
(i) If an operator receives no bid, or if the operator is the successful bidder at auction, the
operator shall, within forty -five days sell the vehicle to a licensed vehicle wrecker, hulk hauler, or
scrap processor by use of the abandoned vehicle report- affidavit of sale, or the operator shall apply
for title to the vehicle.
(3) In no case may an operator hold a vehicle for longer than ninety days without holding an
auction on the vehicle, except for vehicles that are under a police or judicial hold.
(4)(a) In no case may the accumulation of storage charges exceed fifteen days from the date of
receipt of the information by the operator from the department as provided by RCW 46.55.110(3).
(b) The failure of the registered tow truck operator to comply with the time limits provided in
this chapter limits the accumulation of storage charges to five days except where delay is
unavoidable. Providing incorrect or incomplete identifying information to the department in the
abandoned vehicle report shall be considered a failure to comply with these time limits if correct
information is available. However, storage charges begin to accrue again on the date the correct and
complete information is provided to the department by the registered tow truck operator.
[2000 c 193 § 2; 1998 c 203 § 6; 1989 c 111 § 12; 1987 c 311 § 13; 1985 c 377 § 13.]
Notes:
Finding -4998 c 203: See note following RCW 46.55.105..
RCW 46.55.140 Operator's lien, deficiency claim, liability.
(1) A registered tow truck operator who has a valid and signed impoundment authorization has a
lien upon the impounded vehicle for services provided in the towing and storage of the vehicle,
unless the impoundment is determined to have been invalid. The lien does not apply to personal
property in or upon the vehicle that is not permanently attached to or is not an integral part of the
vehicle except for items of personal property registered or titled with the department. The registered
tow truck operator also has a deficiency claim against the registered owner of the vehicle for services
provided in the towing and storage of the vehicle not to exceed the sum of five hundred dollars after
deduction of the amount bid at auction, and for vehicles of over ten thousand pounds gross vehicle
weight, the operator has a deficiency claim of one thousand dollars after deduction of the amount bid
at auction, unless the impound is determined to be invalid. The limitation on towing and storage
deficiency claims does not apply to an impound directed by a law enforcement officer. In no case may
the cost of the auction or a buyer's fee be added to the amount charged for the vehicle at the auction,
the vehicle's lien, or the overage due. A registered owner who has completed and filed with the
department the seller's report as provided for by RCW 46.12..1.01. and has timely and properly filed
the seller's report is relieved of liability under this section. The person named as the new owner of the
vehicle on the timely and properly filed seller's report shall assume liability under this section.
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(2) Any person who tows, removes, or otherwise disturbs any vehicle parked, stalled, or
otherwise left on privately owned or controlled property, and any person owning or controlling the
private property, or either of them, are liable to the owner or operator of a vehicle, or each of them,
for consequential and incidental damages arising from any interference with the ownership or use of
the vehicle which does not comply with the requirements of this chapter.
[1995 c 360 § 8; 1992 c 200 § 1; 1991 c 20 § 2; 1989 c 111 § 13; 1987 c 311 § 14; 1985 c 377 § 14.]
RECORDS, INSPECTIONS, AND ENFORCEMENT
RCW 46.55.150 Vehicle transaction file.
The registered tow truck operator shall keep a transaction file on each vehicle. The transaction
file shall contain as a minimum those of the following items that are required at the time the vehicle
is redeemed or becomes abandoned and is sold at a public auction:
(1) A signed impoundment authorization as required by RCW 46.55.080.;
(2) A record of the twenty -four hour written impound notice to a law enforcement agency;
(3) A copy of the impoundment notification to registered and legal owners, sent within twenty -
four hours of impoundment, that advises the owners of the address of the impounding firm, a twenty -
four hour telephone number, and the name of the person or agency under whose authority the vehicle
was impounded;
(4) A copy of the abandoned vehicle report that was sent to and returned by the department;
(5) A copy and proof of mailing of the notice of custody and sale sent by the registered tow truck
operator to the owners advising them they have fifteen days to redeem the vehicle before it is sold at
public auction;
(6) A copy of the published notice of public auction;
(7) A copy of the affidavit of sale showing the sales date, purchaser, amount of the lien, and sale
price;
(8) A record of the two highest bid offers on the vehicle, with the names, addresses, and
telephone numbers of the two bidders;
(9) A copy of the notice of opportunity for hearing given to those who redeem vehicles;
(10) An itemized invoice of charges against the vehicle.
The transaction file shall be kept for a minimum of three years.
[1989 c 111 § 14; 1987 c 311 § 15; 1985 c 377 § 15.]
RCW 46.55.160 Availability of records, equipment, and facilities for audit and inspection.
Records, equipment, and facilities of a registered tow truck operator shall be available during
normal business hours for audit or inspection by the department of licensing, the Washington state
patrol, or any law enforcement agency having jurisdiction.
[1985 c 377 § 16.1
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REVISED CODE 6f WASHINGTON
Title 46 RCW MOTOR VEHICLES
Chapter 46.55 _RCW ._TOWING _AND .._IMPOUNDMENT
RECORDS.,... 1_ NSPECTIONS .,_AND.._E -NFORCEM_ENT
RCW_ 4.6....44.1 70 Complaints,._ where., forwarded..
Page 1 of 5
RCW 46.55.170 Complaints, where forwarded.
(1) All law enforcement agencies or local licensing agencies that receive complaints involving
registered tow truck operators shall forward the complaints, along with any supporting documents
including all results from local investigations, to the department.
.(2) Complaints involving deficiencies of equipment shall be forwarded by the department to the
state patrol.
[1987 c 330 § 741; 1985 c 377 § 17.]
Notes:
Construction -- Application of rules -- Severability- -1987 c 330: See notes following RCW 2813.12.050.
RCW 46.55.180 Presiding officer at licensing hearing.
The director or the chief of the state patrol may use a hearing officer or administrative law judge
for presiding over a hearing regarding licensing provisions under this chapter or rules adopted under
it.
[1.989 c 111 § 15; 1987 c 330 § 742; 1985 c 377 § 18.]
Notes:
Construction -- Application of rules -- Severability- -1987 c 330: See notes following RCW 28B. 12.050.
RCW 46.55.190 Rules.
The director, in cooperation with the chief of the Washington state patrol, shall adopt rules that
carry out the provisions and intent of this chapter.
[1985 c 377 § 19.]
RCW 46.55.200 Penalties for certain acts or omissions.
A registered tow truck operator's license may be denied, suspended, or revoked, or the licensee
may be ordered to pay a monetary penalty of a civil nature, not to exceed one thousand dollars per
violation, or the licensee may be subjected to any combination of license and monetary penalty,
whenever the director has reason to believe the licensee has committed, or is at the time committing,
a violation of this chapter or rules adopted under it or any other statute or rule relating to the title or
disposition of vehicles or vehicle hulks, including but not limited to:
(1) Towing any abandoned vehicle without first obtaining and having in the operator's
possession at all times while transporting it, appropriate evidence of ownership or an impound
authorization properly executed by the private person or public official having control over the
property on which the unauthorized vehicle was found;
(2) Forging the signature of the registered or legal owner on a certificate of title, or forging the
signature of any authorized person on documents pertaining to unauthorized or abandoned vehicles or
automobile hulks;
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(3) Failing to comply with the statutes and rules relating to the processing and sale of abandoned
vehicles;
(4) Failing to accept bids on any abandoned vehicle offered at public sale;
(5) Failing to transmit to the state surplus funds derived from the sale of an abandoned vehicle;
(6) Selling, disposing of, or having in his possession, without notifying law enforcement
officials, a vehicle that he knows or has reason to know has been stolen or illegally appropriated
without the consent of the owner;
(7) Failing to comply with the statutes and rules relating to the transfer of ownership of vehicles
or other procedures after public sale; or
(8) Failing to pay any civil monetary penalty assessed by the director pursuant to this section
within ten days after the assessment becomes final.
All orders by the director made under this chapter are subject to the Administrative Procedure
Act, chapter 34.05 RCW.
[1989c 111 § 16; 1985 c 377 §20.1
RCW 46.55.210 Cease and desist order.
Whenever it appears to the director that any registered tow truck operator or a person offering
towing services has engaged in or is about to engage in any act or practice constituting a violation of
any provision of this chapter or any rule adopted hereunder, the director may issue an order directing
the operator or person to cease and desist from continuing the act or practice. Reasonable notice of
and opportunity for a hearing shall be given. The director may issue a temporary order pending a
hearing. The temporary order shall remain in effect until ten days after the hearing is held and shall
become final if the person to whom notice is addressed does not request a hearing within fifteen days
after the receipt of notice.
[1987 c 311 § 17; 1985 c 377 § 21.]
RCW 46.55.220 Refusal to issue license, grounds for.
If an application for a license to conduct business as a registered tow truck operator is filed by
any person whose license has previously been canceled for cause by the department, or if the
department is of the opinion that the application is not filed in good faith or that the application is
filed by some person as a subterfuge for the real person in interest whose license has previously been
canceled for cause, the department, after a hearing, of which the applicant has been given twenty
days' notice in writing and at which the applicant may appear in person or by counsel and present
testimony, may refuse to issue such a person a license to conduct business as a registered tow truck
operator.
[1987 c 311 § 18; 1985 c 377 § 22.]
JUNK VEHICLE DISPOSITION
RCW 46.55.230 . Junk vehicles -- Removal, disposal, sale -- Penalties -- Cleanup restitution
payment.
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(1) Notwithstanding any other provision of law, any law enforcement officer having jurisdiction,
or any employee or officer of a jurisdictional health department acting pursuant to RCW 70.95.240,
or any person authorized by the director shall inspect and may authorize the disposal of an abandoned
junk vehicle. The person making the inspection shall record the make and vehicle identification
number or license number of the vehicle if available, and shall also verify that the approximate value
of the junk vehicle is equivalent only to the approximate value of the scrap in it.
(2) The law enforcement officer or department representative shall provide information on the
vehicle's registered and legal owner to the landowner.
(3) Upon receiving information on the vehicle's registered and legal owner, the landowner shall
mail a notice to the registered and legal owners shown on the records of the department. The
notification shall describe the redemption procedure and the right to arrange for the removal of the
vehicle.
(4) If the vehicle remains unclaimed more than fifteen days after the landowner has mailed
notification to the registered and legal owner, the landowner may dispose of the vehicle or sign an
affidavit of sale to be used as a title document.
(5) If no information on the vehicle's registered and legal owner is found in the records of the
department, the landowner may immediately dispose of the vehicle or sign an affidavit of sale to be
used as a title document.
(6)(a) It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to abandon a junk
vehicle on property located in an incorporated area. If a junk vehicle is abandoned in an incorporated
area, the landowner of the property upon which the junk vehicle is located is entitled to recover from
the vehicle's registered owner any costs incurred in the removal of the junk vehicle.
(b) It is a gross misdemeanor for a person to abandon a junk vehicle on property located in an
unincorporated area. If a junk vehicle is abandoned in an unincorporated area, the vehicle's registered
owner shall also pay a cleanup restitution payment equal to twice the costs incurred in the removal of
the junk vehicle. The court shall distribute one -half of the restitution payment to the landowner of the
property upon which the junk vehicle is located, and one -half of the restitution payment to the law
enforcement agency or jurisdictional health department investigating the incident.
(7) For the purposes of this section, the term "landowner" includes a legal owner of private
property, a person with possession or control of private property, or a public official having
jurisdiction over public property.
(8) A person complying in good faith with the requirements of this section is immune from any
liability arising out of an action taken or omission made in the compliance.
[2000 c 154 § 4; 1991 c 292 § 2; 1987 c 311 § 19; 1985 c 377 § 23.]
Notes:
Severability - -2000 c 154: See note following RCW 70.93.030.
LOCAL REGULATION
RCW 46.55.240 Local ordinances -- Requirements.
(1) A city, town, or county that adopts an ordinance or resolution concerning unauthorized,
abandoned, or impounded vehicles shall include the applicable provisions of this chapter.
(a) A city, town, or county may, by ordinance, authorize other impound situations that may arise
locally upon the public right -of -way or other publicly owned or controlled property.
(b) A city, town, or county ordinance shall contain language that establishes a written form of
authorization to impound, which may include a law enforcement notice of infraction or citation,
clearly denoting the agency's authorization to impound.
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(c) A city, town, or county may, by ordinance, provide for release of an impounded vehicle by
means of a promissory note in lieu of immediate payment, if at the time of redemption the legal or
registered owner requests a hearing on the validity of the impoundment. If the municipal ordinance
directs the release of an impounded vehicle before the payment of the impoundment charges, the
municipality is responsible for the payment of those charges to the registered tow truck operator
within thirty days of the hearing date.
(d) The hearing specified in RCW 46.55.120(2) and in this section may be conducted by an
administrative hearings officer instead of in the district court. A decision made by an administrative
hearing officer may be appealed to the district court for final judgment.
(2) A city, town, or county may adopt an ordinance establishing procedures for the abatement
and removal as public nuisances of junk vehicles or parts thereof from private property. Costs of
removal may be assessed against the registered owner of the vehicle if the identity of the owner can
be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW
46_.12._101, or the costs may be assessed against the owner of the property on which the vehicle is
stored. A city, town, or county may also provide for the payment to the tow truck operator or wrecker
as a part of a neighborhood revitalization program.
(3) Ordinances pertaining to public nuisances shall contain:
(a) A provision requiring notice to the last registered owner of record and the property owner of
record that a hearing may be requested and that if no hearing is requested, the vehicle will be
removed;
(b) A provision requiring that if a request for a hearing is received, a notice giving the time,
location, and date of the hearing on the question of abatement and removal of the vehicle or part
thereof as a public nuisance shall be mailed, by certified mail, with a five -day return receipt
requested, to the owner of the land as shown on the last equalized assessment roll and to the last
registered and legal owner of record unless the vehicle is in such condition that identification
numbers are not available to determine ownership;
(c) A provision that the ordinance shall not apply to (i) a- vehicle or part thereof that is
completely enclosed within a building in a lawful manner where it is not visible from the street or
other public or private property or (ii) a vehicle or part thereof that is stored or parked in a lawful
manner on private property in connection with the business of a licensed dismantler or licensed
vehicle dealer and is fenced according to RCW 46.80.130;
(d) A provision that the owner of the land on which the vehicle is located may appear in person
at the hearing or present a written statement in time for consideration at the hearing, and deny
responsibility for the presence of the vehicle on the land, with his reasons for the denial. If it is
determined at the hearing that the vehicle was placed on the land without the consent of the
landowner and that he has not subsequently acquiesced in its presence, then the local agency shall not
assess costs of administration or removal of the vehicle against the property upon which the vehicle is
located or otherwise attempt to collect the cost from the owner;
(e) A provision that after notice has been given of the intent of the city, town, or county to
dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall
be removed at the request of a law enforcement officer with notice to the Washington state patrol and
the department of licensing that the vehicle has been wrecked. The city, town, or county may operate
such a disposal site when its governing body determines that commercial channels of disposition are
not available or are inadequate, and it may make final disposition of such vehicles or parts, or may
transfer such vehicle or parts to another governmental body provided such disposal shall be only as
scrap.
(4) A registered disposer under contract to a city or county for the impounding of vehicles shall
comply with any administrative regulations adopted by the city or county on the handling and
disposing of vehicles.
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[1994 c 176 § 2; 1991 c 292 § 3; 1989 c 111 § 17; 1987 c 311 § 20; 1985 c 377 § 24.]
MISCELLANEOUS
RCW 46.55.900 Severability- -1985 c 377.
If any provision of this act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or circumstances is not
affected.
[1985 c 377 § 26.]
RCW 46.55.901 Headings not part of law- -1985 c 377.
Headings and captions used in this act are not any part of the law.
[1985 c 377 § 27.]
RCW 46.55.902 Effective date - -1985 c 377.
This act shall take effect on January 1, 1986.
[1985 c 377 § 31.]
RCW 46.55.910 Chapter not applicable to certain activities of department of
transportation.
. This chapter does not apply to the state department of transportation to the extent that it may
remove vehicles that are traffic hazards from bridges and the mountain passes without prior
authorization. If such a vehicle is removed, the department shall immediately notify the appropriate
local law enforcement agency, and the vehicle shall be processed in accordance with RCW
46.55.11.0.
[1989 c 111 § 18.]
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Affidavit of Publication
STATE OF WASHINGTON, rs
COUNTY OF SNOHOMISH,
SUMMARY OF ORDINANCE NO. 3365
oFth-e--Cj—tyof Edmonds, Washington —^ The undersigned, being first duly sworn on oath deposes and says
On the 19th day of June, 2001, the City Council of the City of
Edmonds, passed Ordinance No. 3365. A summary of the content of that she is Principal Clerk of THE HERALD, a daily newspaper
said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
W ASHINGTON, AMENDING CHAPTER 8.48 PARKING OF printed pu blished rinted d blished in the Cit y of Everett, County of Snohomish,
W
THE EDMONDS CITY CODE PERTAINING TO PATFIN-6 BY
AMENDING SECTION 8.48.170 PARKING SIGNS OR OTHER and State of Washington; that said newspaper is a newspaper of
NOTICE R EWULREB TOWED AND BY ADDING SECTION
8.48.168, PARKING OF UNLICENSED VEHICLE, DECLARING general circulation in said County and State; that said newspaper
IT ILLEGAL TO PARK AN UNLICENSED VEHICLE ON THE }lag been approved as a legal newspaper by order of the Superior
STREETS; SECTION 8.48.600 AUTHORITY TO IMPOUND PP
AUTHORIZING THE CITY TO IMPOUND ILLEGALLY KED
VEHICLES; SECTION 8.48.601 DEFINITION, DEFINING Court of Snohomish County and that the notice ......... ...............................
Summary Ordinance..No..... 3365 ...................... ...............................
,.,'& HO MrPUUNDMYi City of Edmonds
8.48.605 HOW IMPOUNDMENT IS TO BE EFFECTED, Y ................. ...............................
nnr.. n•,n•.,�„Z ,•i..A.,[,RL1R.•t F,KJC1CTiG,ThTT— AFTT.F:. ....................................................... ...............................
NT; SECTION 8.48.607 REDEMPTION OF
VEHICLES, ESTABLISHINT—A-V—ET—HDTTON
IMPOUNDED VEHICLES; SECTION 8.48.608
D HEARING PROCEDURE, ESTABLISHING A a printed copy of which is hereunto attached, was published in said
POST-imPOuNDMENT HEARINGS: 8.48.610
-OR TOWING AND STORAGE. AUTHORIZING newspaper proper and not in supplement form, in the regular and
ENTER lid AN AUHELMENT FOR IMPOUND
8.48.611 CONTRACT —' — TOWING ADD entire edition of said paper on the following days and times, namely:
MAINTAIN A RECORD OF ALL
8.48.614 NO IMPERMISSIBLE
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of June, 2001.
CITY CLERK, SANDRA S. CHASE
Published: June 24, 2001.
June 24, 2001
.......................................................................... ...............................
...................................................................................................... ...............................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
- � � � Prince al Clerk
Subscribe and sworn to before me this.....25.th
:6, IvUiARY
op
i
20.9.1-
.......... ...............................
State of Washington,
sh County.
REcFIifE0
B-2-1 8DW&M Mf 1 3.