Vehicle impounds

AN ACT Relating to vehicle impounds; amending RCW 46.55.090, 1
46.55.120, 46.55.130, 46.55.140, 46.55.230, and 46.53.010; reenacting 2
and amending RCW 46.55.010; adding a new section to chapter 46.55 3
RCW; and creating a new section. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. (1) Because of rapidly rising rents, 6
insufficient wages, and high costs of living, there is a significant 7
and growing number of people in Washington for whom the loss of their 8
car means the loss of their livelihood. A vehicle is often the only 9
means through which families in poverty can travel for work, medical 10
care, and other necessities of daily life.11
(2) When high costs of living force people out of their housing, 12
some have no choice but to live in their vehicles. For people in this 13
situation, a vehicle can provide a modicum of safety, privacy, 14
ability to store belongings, and freedom of movement not available to 15
those forced to live on the street. 16
(3) The number of people sheltering in their vehicles in 17
Washington vastly exceeds the number of designated safe parking areas 18
where they can stay without fear of committing a parking infraction. 19
As a result, many people who live in their vehicles face the constant 20
risk of having their only shelter impounded. 21
H-0318.1
HOUSE BILL 1240
State of Washington 69th Legislature 2025 Regular Session
By Representatives Peterson and Donaghy
Prefiled 01/10/25. Read first time 01/13/25. Referred to Committee
on Transportation.
p. 1 HB 1240
(4) When people lose their only shelter to impound, the 1
consequences are devastating. They may be forced to sleep on the 2
street or in congregate shelters; they may lose access to belongings 3
like identification, medication, and legal documents; and they may 4
lose their only means to make money to pay the fines and fees imposed 5
on them. If a person is unable to pay impound fines and fees, the 6
person's vehicle can be auctioned off, leaving the person with no 7
shelter permanently. 8
(5) The Washington supreme court affirmed in the case of City of 9
Seattle v. Steven Long that vehicular homes are protected from forced 10
sale under the homestead act. The supreme court further ruled that 11
courts presiding over impound hearings must determine whether impound 12
fines and fees, as levied against people who cannot pay them, violate 13
the excessive fines clauses of the state and federal Constitutions. 14
Fines found to be constitutionally excessive must be reduced.15
(6) Current processes for obtaining an impound hearing can be 16
lengthy and are often inaccessible to people attempting to retrieve 17
their vehicle residences from impound. Storage costs increase every 18
day that a vehicle remains in impound, meaning that people who cannot 19
pay the costs face a greater financial obstacle to retrieving their 20
vehicles the longer it takes to resolve their case through the 21
courts. 22
(7) The legislature finds that the statutes as currently 23
constructed are in conflict with the law as clarified by the courts. 24
The legislature further finds that making an expedited court process 25
accessible to people whose vehicle shelters are impounded can prevent 26
them from being forced to live on the street and reduce their burden 27
of debt for fines and fees they cannot pay. An expedited court 28
process will also reduce the amount of time vehicle residences remain 29
in impound, which will minimize the financial burden on the state 30
resulting from the constitutional mandate to reduce fines and impound 31
fees when those costs would deprive a person of the person's 32
livelihood. 33
(8) Therefore, the legislature intends to resolve the existing 34
conflict between statute and case law, and to create an expedited 35
process through which those in deep poverty can more quickly retrieve 36
their only shelter from impound and avoid unconstitutionally 37
excessive fines. 38
p. 2 HB 1240
NEW SECTION. Sec. 2. A new section is added to chapter 46.55 1
RCW to read as follows: 2
(1) An impounded vehicle that is used as a vehicle residence is 3
subject to additional procedures and protections including, but not 4
limited to, those outlined in this section. 5
(2) If a state or its agents or a local government or its agents 6
receives information or observes an indication that a vehicle is a 7
vehicle residence, the state or its agents or local government or its 8
agents must notify the registered tow truck operator when requesting 9
an impound or within 24 hours of receiving such information that the 10
vehicle may be a vehicle residence and may be subject to additional 11
protections. 12
(3)(a) If at any point before public auction, an operator or any 13
of its agents or employees receives information pursuant to 14
subsection (2) of this section, or if any individual tells an 15
operator or any of its agents or employees that the impounded vehicle 16
is a vehicle residence, any public auction procedures under RCW 17
46.55.130 must be stopped. The operator must provide to any 18
individual claiming to live in the vehicle: 19
(i) Written notice of the right of redemption and opportunity for 20
a hearing; 21
(ii) A form to be used for requesting a hearing;22
(iii) The name of the person or agency authorizing the impound; 23
and 24
(iv) A copy of the current towing and storage invoice.25
(b) The information in (a)(i) through (iv) of this subsection 26
must be provided again, even if it has already been previously mailed 27
or provided under the procedures described in RCW 46.55.110.28
(4) A vehicle residence may be considered an abandoned vehicle 29
if: 30
(a) Ninety days have passed since notice from a state or its 31
agents or local government or its agents under subsection (2) of this 32
section; 33
(b) Ninety days have passed since providing or reproviding the 34
notice under subsection (3) of this section; and 35
(c) No individual claiming to reside in the vehicle or any other 36
individual authorized to redeem the vehicle under RCW 46.55.120 has 37
requested a hearing, redeemed the vehicle by payment, or communicated 38
with the operator to arrange redemption of the vehicle.39
p. 3 HB 1240
(5) An operator may proceed forward with the public auction 1
procedures under RCW 46.55.130 after expiration of the 90-day period, 2
by providing a mailing of notice of custody and sale to the 3
registered and legal owners, and by providing the notice to any 4
individuals that previously came forward to say they lived in the 5
vehicle. The vehicle may then proceed to auction 15 days after 6
expiration of the notice of custody and sale, pursuant to the general 7
procedures of RCW 46.55.130, or 15 days after a court has ordered the 8
vehicle released. 9
(6) If an impounded vehicle is subject to the provisions of this 10
section, personal belongings shall be kept intact and shall be 11
returned to the vehicle's owner or agent during normal business hours 12
upon request and presentation of a driver's license or other 13
sufficient identification, and may not be considered abandoned or 14
disposed of at the operator's discretion until the date of auction. 15
No personal belongings request form is required under RCW 46.55.090.16
(7) If the impound was carried out at the direction of the state 17
or its agents or a local government or its agents, they are 18
responsible for paying any storage costs to the operator. If the 19
impound was private and without governmental involvement, no 20
additional storage costs may accrue once either an individual has 21
notified the operator the individual resides in the vehicle or after 22
a hearing has been requested. 23
Sec. 3. RCW 46.55.010 and 2023 c 326 s 1 are each reenacted and 24
amended to read as follows: 25
The definitions ((set forth )) in this section apply throughout 26
this chapter((:)) unless the context clearly requires otherwise.27
(1) "Abandoned vehicle" means a vehicle that a registered tow 28
truck operator has impounded and held in the operator's possession 29
for 120 consecutive hours. 30
(2) "Abandoned vehicle report" means the document prescribed by 31
the state that the towing operator forwards to the department after a 32
vehicle has become abandoned. 33
(3) "Immobilize" means the use of a locking wheel boot that, when 34
attached to the wheel of a vehicle, prevents the vehicle from moving 35
without damage to the tire to which the locking wheel boot is 36
attached. 37
(4) "Impound" means to take and hold a vehicle in legal custody. 38
There are two types of impounds—public and private.39
p. 4 HB 1240
(a) "Public impound" means that the vehicle has been impounded at 1
the direction of a law enforcement officer or by a public official 2
having jurisdiction over the public property upon which the vehicle 3
was located. 4
(b) "Private impound" means that the vehicle has been impounded 5
at the direction of a person having control or possession of the 6
private property upon which the vehicle was located.7
(5) "Junk vehicle" means a vehicle certified under RCW 46.55.230 8
as meeting at least three of the following requirements:9
(a) Is three years old or older; 10
(b) Is extensively damaged, such damage including but not limited 11
to any of the following: A broken window or windshield, or missing 12
wheels, tires, motor, or transmission; 13
(c) Is apparently inoperable; 14
(d) Has an approximate fair market value equal only to the 15
approximate value of the scrap in it. 16
(6) "Master log" means the document or an electronic facsimile 17
prescribed by the department and the Washington state patrol in which 18
an operator records transactions involving impounded vehicles.19
(7) "Registered tow truck operator" or "operator" means any 20
person who engages in the impounding, transporting, or storage of 21
unauthorized vehicles or the disposal of abandoned vehicles.22
(8) "Residential property" means property that has no more than 23
four living units located on it. 24
(9) "Suspended license impound" means an impound ordered under 25
RCW 46.55.113 because the operator was arrested for a violation of 26
RCW 46.20.342 or 46.20.345. 27
(10) "Tow truck" means a motor vehicle that is equipped for and 28
used in the business of towing vehicles with equipment as approved by 29
the state patrol. 30
(11) "Tow truck number" means the number issued by the department 31
to tow trucks used by a registered tow truck operator in the state of 32
Washington. 33
(12) "Tow truck permit" means the permit issued annually by the 34
department that has the classification of service the tow truck may 35
provide stamped upon it. 36
(13) "Tow truck service" means the transporting upon the public 37
streets and highways of this state of vehicles, together with 38
personal effects and cargo, by a tow truck of a registered operator.39
p. 5 HB 1240
(14) "Unauthorized vehicle" means a vehicle that is subject to 1
impoundment after being left unattended in one of the following 2
public or private locations for the indicated period of time:3
4 Subject to removal after:
5 (a) Public locations:
6
7
(i) Constituting an accident or a traffic hazard as
defined in RCW 46.55.113 . . . . . . . Immediately
8
9
(ii) On a highway and tagged as described in RCW
46.55.085 . . . . . . . . . . . . . . . . . . . . . . . . 24 hours
10
11
12
(iii) In a publicly owned or controlled parking
facility, properly posted under RCW
46.55.070 . . . . . . . . . . . . . . . . . . . . . Immediately
13
14
15
16
17
18
(iv) Within the right-of-way used by a regional transit
authority for high capacity transportation where
the vehicle constitutes an obstruction to the
operation of high capacity transportation vehicles
or
jeopardizes public safety. . . . . . . . . Immediately
19 (b) Private locations:
20 (i) On residential property . . . . . . . . . . Immediately
21
22
23
(ii) On private, nonresidential property,
properly posted under RCW
46.55.070 . . . . . . . . . . . . . . . . . . . . . Immediately
24
25
(iii) On private, nonresidential property,
not posted . . . . . . . . . . . . . . . . . . . . . . . 24 hours
(15) "Vehicle residence" means a vehicle that is used as a home, 26
residence, shelter, and/or homestead pursuant to chapter 6.13 RCW. 27
Vehicle residences are not considered abandoned and are instead 28
subject to additional protections and procedures, as outlined in this 29
chapter.30
Sec. 4. RCW 46.55.090 and 2019 c 401 s 1 are each amended to 31
read as follows: 32
(1) All vehicles impounded shall be taken to the nearest storage 33
location that has been inspected and is listed on the application 34
filed with the department. 35
p. 6 HB 1240
(2) All vehicles and stored personal belongings shall be handled 1
and returned in substantially the same condition as they existed 2
before being towed. 3
(3) For purposes of this ((subsection [section] )) section, 4
"personal belongings" means personal property and contents in a 5
vehicle, with the exception of those items of personal property that 6
are registered or titled with the department. For a period of 7
((twenty)) 20 days from impound, personal belongings shall be kept 8
intact, and shall be returned to the vehicle's owner or agent during 9
normal business hours upon request and presentation of a driver's 10
license or other sufficient identification. A vehicle's owner or 11
agent may retrieve personal belongings from the vehicle and request 12
that the registered tow truck operator store the personal belongings 13
for a period of ((thirty)) 30 days from the date of signing a 14
personal belongings storage request form. If a personal belongings 15
storage request form is not submitted, personal belongings not 16
claimed within ((twenty)) 20 days from the date of the impound are 17
considered abandoned and may be disposed of at the registered tow 18
truck operator's discretion. If a personal belongings storage request 19
form is submitted to the registered tow truck operator, personal 20
belongings not claimed within ((thirty)) 30 days of the date the 21
personal belongings storage request form is submitted are considered 22
abandoned and may be disposed of at the registered tow truck 23
operator's discretion. Abandoned personal belongings may be sold at 24
auction with the vehicle to fulfill a lien against the vehicle. The 25
department shall adopt rules prescribing the content and format of 26
the personal belongings storage request form. If an impounded vehicle 27
is subject to section 2 of this act, the treatment of personal 28
belongings is subject to section 2(6) of this act.29
(4) Tow truck drivers shall have a Washington state driver's 30
license endorsed for the appropriate classification under chapter 31
46.25 RCW or the equivalent issued by another state.32
(5) Any person who shows proof of ownership or written 33
authorization from the impounded vehicle's registered or legal owner 34
or the vehicle's insurer may view the vehicle without charge during 35
normal business hours. 36
Sec. 5. RCW 46.55.120 and 2017 c 152 s 1 are each amended to 37
read as follows: 38
p. 7 HB 1240
(1)(a) Vehicles or other items of personal property registered or 1
titled with the department that are impounded by registered tow truck 2
operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113, or 3
9A.88.140 may be redeemed only by the following persons or entities:4
(i) The legal owner; 5
(ii) The registered owner; 6
(iii) A person authorized in writing by the registered owner;7
(iv) The vehicle's insurer or a vendor working on behalf of the 8
vehicle's insurer; 9
(v) A third-party insurer that has a duty to repair or replace 10
the vehicle, has obtained consent from the registered owner or the 11
owner's agent to move the vehicle, and has documented that consent in 12
the insurer's claim file, or a vendor working on behalf of a third-13
party insurer that has received such consent; provided, however, that 14
at all times the registered owner must be granted access to and may 15
reclaim possession of the vehicle. For the purposes of this 16
subsection, "owner's agent" means the legal owner of the vehicle, a 17
driver in possession of the vehicle with the registered owner's 18
permission, or an adult member of the registered owner's family;19
(vi) A person who is determined and verified by the operator to 20
have the permission of the registered owner of the vehicle or other 21
item of personal property registered or titled with the department;22
(vii) A person who has purchased a vehicle or item of personal 23
property registered or titled with the department from the registered 24
owner who produces proof of ownership or written authorization and 25
signs a receipt therefor; ((or))26
(viii) If (a)(i) through (vii) of this subsection do not apply, a 27
person, who is known to the registered or legal owner of a motorcycle 28
or moped, as each are defined in chapter 46.04 RCW, that was towed 29
from the scene of an accident, may redeem the motorcycle or moped as 30
a bailment in accordance with RCW 46.55.125 while the registered or 31
legal owner is admitted as a patient in a hospital due to the 32
accident; or33
(ix) A person who is authorized by a court, after an impound 34
hearing or other procedure, to redeem the vehicle.35
(A) A court or administrative hearing officer, for the 36
jurisdiction in which the vehicle was impounded, may order release of 37
the vehicle to any person meeting the criteria in (a)(i) through 38
(viii) of this subsection after a hearing or legal proceeding.39
p. 8 HB 1240
(B) If ownership of the vehicle or authorization from the legal 1
or registered owner to use, reside in, or retrieve the vehicle is 2
disputed, a court or hearing officer may review any additionally 3
presented information and evidence to determine ownership or 4
authorization to the vehicle. If a person establishes at a hearing or 5
other legal proceeding, by a preponderance of the evidence, that they 6
own the vehicle, have authorization to retrieve or reside in the 7
vehicle, or otherwise meet the criteria in (a)(i) through (viii) of 8
this subsection, the court may order release of the vehicle to the 9
requesting person.10
(C) A court may also order release and retrieval of any personal 11
property inside a vehicle, if a requesting person establishes 12
ownership to that personal property, by a preponderance of the 13
evidence.14
(D) A court or administrative hearing officer, for the 15
jurisdiction in which the vehicle was impounded, may continue a 16
hearing for up to 30 days to clarify ownership or authorization to a 17
vehicle. If a claimant files a claim to quiet title to the vehicle 18
under RCW 46.12.680 during the 30-day period, a court shall grant an 19
additional continuance until that claim has ended.20
(b) In addition, a vehicle impounded because the operator is in 21
violation of RCW 46.20.342(1)(c) shall not be released until a person 22
eligible to redeem it under (a) of this subsection satisfies the 23
requirements of (f) of this subsection ((, including paying all 24
towing, removal, and storage fees )) or if a court has ordered 25
release, notwithstanding the fact that the hold was ordered by a 26
government agency. If the department's records show that the operator 27
has been convicted of a violation of RCW 46.20.342 or a similar local 28
ordinance within the past five years, the vehicle may be held for up 29
to ((thirty)) 30 days at the written direction of the agency ordering 30
the vehicle impounded. A vehicle impounded because the operator is 31
arrested for a violation of RCW 46.20.342 may be released only 32
pursuant to a written order from the agency that ordered the vehicle 33
impounded or from the court having jurisdiction. An agency shall 34
issue a written order to release pursuant to a provision of an 35
applicable state agency rule or local ordinance authorizing release 36
on the basis of the following: 37
(i) Economic or personal hardship to the family, spouse, or 38
domestic partner of the operator, taking into consideration public 39
p. 9 HB 1240
safety factors, including the operator's criminal history and driving 1
record; ((or))2
(ii) The owner of the vehicle was not the driver, the owner did 3
not know that the driver's license was suspended or revoked, and the 4
owner has not received a prior release under this subsection or RCW 5
46.55.113(3); or6
(iii) The vehicle is a vehicle residence. 7
In order to avoid discriminatory application, other than for the 8
reasons for release set forth in (b)(i) ((and (ii))) through (iii) of 9
this subsection, an agency shall, under a provision of an applicable 10
state agency rule or local ordinance, deny release in all other 11
circumstances without discretion. 12
If a vehicle is impounded because the operator is in violation of 13
RCW 46.20.342(1) (a) or (b), the vehicle may be held for up to 14
((thirty)) 30 days at the written direction of the agency ordering 15
the vehicle impounded. However, if the department's records show that 16
the operator has been convicted of a violation of RCW 46.20.342(1) 17
(a) or (b) or a similar local ordinance within the past five years, 18
the vehicle may be held at the written direction of the agency 19
ordering the vehicle impounded for up to ((sixty)) 60 days, and for 20
up to ((ninety)) 90 days if the operator has two or more such prior 21
offenses. If a vehicle is impounded because the operator is arrested 22
for a violation of RCW 46.20.342, the vehicle may not be released 23
until a person eligible to redeem it under (a) of this subsection 24
satisfies the requirements of (f) of this subsection, including 25
paying all towing, removal, and storage fees, notwithstanding the 26
fact that the hold was ordered by a government agency.27
(c) If the vehicle is directed to be held for a suspended license 28
impound, a person who desires to redeem the vehicle at the end of the 29
period of impound shall within five days of the impound at the 30
request of the tow truck operator pay a security deposit to the tow 31
truck operator of not more than one-half of the applicable impound 32
storage rate for each day of the proposed suspended license impound. 33
The tow truck operator shall credit this amount against the final 34
bill for removal, towing, and storage upon redemption. The tow truck 35
operator may accept other sufficient security in lieu of the security 36
deposit. If the person desiring to redeem the vehicle does not pay 37
the security deposit or provide other security acceptable to the tow 38
truck operator, the tow truck operator may process and sell at 39
auction the vehicle as an abandoned vehicle within the normal time 40
p. 10 HB 1240
limits set out in RCW 46.55.130(1). The security deposit required by 1
this section may be paid and must be accepted at any time up to 2
((twenty-four)) 24 hours before the beginning of the auction to sell 3
the vehicle as abandoned. The registered owner is not eligible to 4
purchase the vehicle at the auction, and the tow truck operator shall 5
sell the vehicle to the highest bidder who is not the registered 6
owner. 7
(d) Notwithstanding (c) of this subsection, a rental car business 8
may immediately redeem a rental vehicle it owns by payment of the 9
costs of removal, towing, and storage, whereupon the vehicle will not 10
be held for a suspended license impound. 11
(e) Notwithstanding (c) of this subsection, a motor vehicle 12
dealer or lender with a perfected security interest in the vehicle 13
may redeem or lawfully repossess a vehicle immediately by payment of 14
the costs of removal, towing, and storage, whereupon the vehicle will 15
not be held for a suspended license impound. A motor vehicle dealer 16
or lender with a perfected security interest in the vehicle may not 17
knowingly and intentionally engage in collusion with a registered 18
owner to repossess and then return or resell a vehicle to the 19
registered owner in an attempt to avoid a suspended license impound. 20
However, this provision does not preclude a vehicle dealer or a 21
lender with a perfected security interest in the vehicle from 22
repossessing the vehicle and then selling, leasing, or otherwise 23
disposing of it in accordance with chapter 62A.9A RCW, including 24
providing redemption rights to the debtor under RCW 62A.9A-623. If 25
the debtor is the registered owner of the vehicle, the debtor's right 26
to redeem the vehicle under chapter 62A.9A RCW is conditioned upon 27
the debtor obtaining and providing proof from the impounding 28
authority or court having jurisdiction that any fines, penalties, and 29
forfeitures owed by the registered owner, as a result of the 30
suspended license impound, have been paid, and proof of the payment 31
must be tendered to the vehicle dealer or lender at the time the 32
debtor tenders all other obligations required to redeem the vehicle. 33
Vehicle dealers or lenders are not liable for damages if they rely in 34
good faith on an order from the impounding agency or a court in 35
releasing a vehicle held under a suspended license impound.36
(f) The vehicle or other item of personal property registered or 37
titled with the department shall be released upon the presentation to 38
any person having custody of the vehicle of commercially reasonable 39
tender sufficient to cover the costs of towing, storage, or other 40
p. 11 HB 1240
services rendered during the course of towing, removing, impounding, 1
or storing any such vehicle, with credit being given for the amount 2
of any security deposit paid under (c) of this subsection. In 3
addition, if a vehicle is impounded because the operator was arrested 4
for a violation of RCW 46.20.342 or 46.20.345 and was being operated 5
by the registered owner when it was impounded under local ordinance 6
or agency rule, it must not be released to any person until the 7
registered owner establishes with the agency that ordered the vehicle 8
impounded or the court having jurisdiction that any penalties, fines, 9
or forfeitures owed by him or her have been satisfied. Registered tow 10
truck operators are not liable for damages if they rely in good faith 11
on an order from the impounding agency or a court in releasing a 12
vehicle held under a suspended license impound. Commercially 13
reasonable tender shall include, without limitation, cash, major bank 14
credit cards issued by financial institutions, or personal checks 15
drawn on Washington state branches of financial institutions if 16
accompanied by two pieces of valid identification, one of which may 17
be required by the operator to have a photograph. If the towing firm 18
cannot determine through the customer's bank or a check verification 19
service that the presented check would be paid by the bank or 20
guaranteed by the service, the towing firm may refuse to accept the 21
check. Any person who stops payment on a personal check or credit 22
card, or does not make restitution within ten days from the date a 23
check becomes insufficient due to lack of funds, to a towing firm 24
that has provided a service pursuant to this section or in any other 25
manner defrauds the towing firm in connection with services rendered 26
pursuant to this section shall be liable for damages in the amount of 27
twice the towing and storage fees, plus costs and reasonable 28
((attorney's)) attorneys' fees. 29
(2)(a) The registered tow truck operator shall give to each and 30
any person who seeks to redeem an impounded vehicle, or item of 31
personal property registered or titled with the department, written 32
notice of the right of redemption and opportunity for a hearing, 33
which notice shall be accompanied by a form to be used for requesting 34
a hearing, the name of the person or agency authorizing the impound, 35
and a copy of the towing and storage invoice. The registered tow 36
truck operator shall maintain a record evidenced by the redeeming 37
person's signature that such notification was provided. The form to 38
request a hearing shall be given to any person who seeks to redeem an 39
impounded vehicle, even if the person does not appear on record as 40
p. 12 HB 1240
the registered or legal owner. The form to request a hearing must 1
also be made available in all languages spoken by more than 10 2
percent of the population in the county where the operator is 3
registered. The department shall adopt rules prescribing the content 4
and format of the hearing form to ensure that individuals have 5
adequate notice of the hearing procedures and rights outlined in this 6
section. 7
(b) Any person seeking to redeem an impounded vehicle under this 8
section has a right to a hearing in the district or municipal court 9
for the jurisdiction in which the vehicle was impounded to contest 10
the validity of the impoundment , an operator's retention of an 11
impounded vehicle, or the amount of towing and storage charges. The 12
district court has jurisdiction to determine the issues involving all 13
impoundments including those authorized by the state or its agents or 14
impoundments involving tows from private property . The municipal 15
court has jurisdiction to determine the issues involving impoundments 16
authorized by agents of the municipality. Any request for a hearing 17
shall be made in writing on the form provided for that purpose and 18
must be received by the appropriate court within ((ten)) 10 days of 19
the date the opportunity was provided for in (a) of this subsection 20
and more than five days before the date of the auction. ((At the time 21
of the filing of the hearing request, the petitioner shall pay to the 22
court clerk a filing fee in the same amount required for the filing 23
of a suit in district court. )) If an individual wishes to request a 24
hearing but has misplaced or claims to have not received the hearing 25
request form from the operator, courts shall ensure that an 26
additional copy of the form is provided to anyone who requests it. 27
Courts may require filing fees for hearing requests, but courts shall 28
waive these fees for individuals who cannot pay due to financial 29
hardship or if they are requesting a hearing to redeem a vehicle they 30
claim is a vehicle residence. If the hearing request is not received 31
by the court within the ((ten-day)) 10-day period, the right to a 32
hearing ((is)) may be waived and the registered owner is liable for 33
any towing, storage, or other impoundment charges permitted under 34
this chapter , unless the court has received information that the 35
vehicle is lived in and comes under the alternate provisions of this 36
section, which allow for additional time to request a hearing. Courts 37
may consider late hearing requests, prior to auction of the vehicle, 38
upon good cause. Good cause shall be freely granted where an 39
p. 13 HB 1240
individual claims financial hardship due to loss of the vehicle or 1
where the vehicle is a vehicle residence. 2
(c) If an impounded vehicle is still held by the operator and has 3
not been redeemed, courts shall develop procedures to ensure that a 4
hearing is conducted within two business days after the request for a 5
hearing. If extraordinary circumstances delay the hearing beyond two 6
business days and the impounded vehicle is claimed to be used as a 7
vehicle residence, courts shall order the release of the vehicle to 8
the claimed occupant and hearing requester if they qualify to redeem 9
the vehicle under subsection (1)(a)(i) through (viii) of this 10
section, pending final determination at the hearing. Upon receipt of 11
a timely hearing request, the court shall proceed to hear and 12
determine the validity of the impoundment.13
(d) If an impounded vehicle has already been redeemed by the 14
hearing requester and is not in the operator's possession, courts 15
shall schedule hearings within 30 days of the request for hearing. 16
Upon receipt of a request, the court shall proceed to hear and 17
determine the validity of the impoundment . Upon receipt of a timely 18
hearing request, the court shall proceed to hear and determine the 19
validity of the impoundment. 20
(3)(a) The court, ((within five days )) immediately after 21
receiving the request for a hearing, shall notify the registered tow 22
truck operator, the person requesting the hearing if not the owner, 23
the registered and legal owners of the vehicle or other item of 24
personal property registered or titled with the department, and the 25
person or agency authorizing the impound in writing of the hearing 26
date and time. 27
(b) At the hearing, the person or persons requesting the hearing 28
may produce any relevant evidence to show that the impoundment, 29
towing, or storage fees charged were not proper. The court may 30
consider a written report made under oath by the officer who 31
authorized the impoundment in lieu of the officer's personal 32
appearance at the hearing. 33
(c) At the conclusion of the hearing, the court shall determine 34
whether the impoundment was proper and in accord with applicable law 35
and constitutional standards , whether the towing or storage fees 36
charged were in compliance with the posted rates, and who is 37
responsible for payment of the fees. ((The court may not adjust fees 38
or charges that are in compliance with the posted or contracted 39
rates.)) If the impoundment is found proper, the court shall 40
p. 14 HB 1240
determine whether those fees are proper in light of the responsible 1
individual's financial circumstances. If the vehicle is still within 2
the operator's possession, the court shall also determine whether the 3
vehicle shall be released to the individual requesting the hearing.4
(d) ((If the impoundment is found proper, the impoundment, 5
towing, and storage fees as permitted under this chapter together 6
with court costs shall be assessed against the person or persons 7
requesting the hearing, unless the operator did not have a signed and 8
valid impoundment authorization from a private property owner or an 9
authorized agent.10
(e))) If the impoundment was authorized at the direction or 11
request of the state or its agents or a local government or its 12
agents, the court must determine whether the impound fees, storage 13
fees, or any other impound related charges are excessive, taking into 14
consideration the individual's ability to pay, the effect of the 15
impound and fees on the individual's livelihood, and any other 16
applicable factors. The court shall lower fees and charges if they 17
are excessive. In addition to lowering the fees and charges, the 18
court may also allow payment of any reduced imposed towing and 19
storage fees on an affordable monthly or other term payment plan. If 20
the court lowers impound or storage fees, the state or its agents or 21
local government or its agents must pay the remaining costs of the 22
impoundment or storage to the operator, or as otherwise determined by 23
the contract with the operator.24
(e) If the impoundment was not authorized at the direction or 25
request of a state or its agents or a local government or its agents 26
such as during a privately requested impound from private property, 27
the court may determine whether the fees or charges and impound were 28
proper, but the court may not adjust fees or charges that are in 29
compliance with posted or contracted rates. However, the court shall 30
take into consideration the individual's ability to pay and financial 31
hardship, and must order payment of any imposed towing and storage 32
fees on an affordable monthly or other term payment plan.33
(f) If the impounded vehicle is a vehicle residence, regardless 34
of whether the impound was authorized by the state or its agents or a 35
local government or its agents or at the request of a private 36
citizen, the vehicle may not be sold under the public auction 37
procedures under RCW 46.55.130 and may not be retained by the 38
operator for unpaid charges. If the person or persons who requested 39
the hearing provide any information, evidence, or statements to the 40
p. 15 HB 1240
court that they reside in the vehicle or if they provide any 1
information to the court that the vehicle is a vehicle residence, the 2
court must order release of the vehicle to the person requesting the 3
hearing after determining that any other person was authorized or 4
deemed eligible by the court under this section. A statement on the 5
record in court that someone resided in the vehicle before impound is 6
sufficient information that the vehicle qualifies as a vehicle 7
residence, and any vehicle claimed as a vehicle residence is presumed 8
valid. A state or its agents or a local government or its agents who 9
authorized an impound may contest the fact that a vehicle is not a 10
vehicle residence at an impound hearing, but must provide clear and 11
convincing evidence that the vehicle is not used as a residence. The 12
court may additionally lower imposed towing and storage fees, but the 13
court may not condition release of the vehicle upon any immediate 14
payment of any of those fees. If the person at the hearing does not 15
meet the requirements of a person authorized to redeem the vehicle 16
under this section, the court may reschedule the hearing to allow the 17
requester time to gather additional information to show authorization 18
to redeem the vehicle, such as a written statement from the 19
registered owner, and/or proof of pending title or registration 20
change. 21
(g) If the impoundment is determined to be in violation of this 22
chapter or if the operator did not have a signed and valid 23
impoundment authorization from a private property owner or an 24
authorized agent, then the registered and legal owners of the vehicle 25
or other item of personal property registered or titled with the 26
department shall bear no impoundment, towing, or storage fees, and 27
any security shall be returned or discharged as appropriate, and the 28
person or agency who authorized the impoundment shall be liable for 29
any towing, storage, or other impoundment fees permitted under this 30
chapter. The court shall enter judgment in favor of the registered 31
tow truck operator against the person or agency authorizing the 32
impound for the impoundment, towing, and storage fees paid. In 33
addition, the court shall enter judgment in favor of the registered 34
and legal owners of the vehicle, or other item of personal property 35
registered or titled with the department, for the amount of the 36
filing fee if required ((by law)) for the impound hearing petition as 37
well as reasonable damages for loss of the use of the vehicle during 38
the time the same was impounded against the person or agency 39
authorizing the impound. However, if an impoundment arising from an 40
p. 16 HB 1240
alleged violation of RCW 46.20.342 or 46.20.345 is determined to be 1
in violation of this chapter, then the law enforcement officer 2
directing the impoundment and the government employing the officer 3
are not liable for damages if the officer relied in good faith and 4
without gross negligence on the records of the department in 5
ascertaining that the operator of the vehicle had a suspended or 6
revoked driver's license. If any judgment entered is not paid within 7
((fifteen)) 15 days of notice in writing of its entry, the court 8
shall award reasonable attorneys' fees and costs against the 9
defendant in any action to enforce the judgment. Notice of entry of 10
judgment may be made by registered or certified mail, and proof of 11
mailing may be made by affidavit of the party mailing the notice. 12
Notice of the entry of the judgment shall read essentially as 13
follows: 14
TO: . . . . . . 15
YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in 16
the . . . . . . Court located at . . . . . . in the sum of 17
$. . . . . ., in an action entitled . . . . . ., Case 18
No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and 19
costs will be awarded against you under RCW . . . if the 20
judgment is not paid within 15 days of the date of this 21
notice. 22
DATED this . . . . day of . . . . . ., (year) . . .23
Signature . . . . . . . . . . 24
Typed name and address 25
of party mailing notice 26
(4) ((Any)) An impounded abandoned vehicle or item of personal 27
property registered or titled with the department that is not 28
redeemed within ((fifteen)) 15 days of mailing of the notice of 29
custody and sale as required by RCW 46.55.110(3) shall be sold at 30
public auction in accordance with all the provisions and subject to 31
all the conditions of RCW 46.55.130. If the impounded vehicle is a 32
vehicle residence it is subject to additional procedures under 33
section 2 of this act. A vehicle or item of personal property 34
registered or titled with the department may be redeemed at any time 35
before the start of the auction upon payment of the applicable towing 36
and storage fees. 37
p. 17 HB 1240
Sec. 6. RCW 46.55.130 and 2017 c 152 s 2 are each amended to 1
read as follows: 2
(1) If, after the expiration of ((fifteen)) 15 days from the date 3
of mailing of notice of custody and sale required in RCW 46.55.110(3) 4
to the registered and legal owners, the vehicle remains unclaimed and 5
has not been listed as a stolen vehicle, a suspended license impound 6
has been directed but no commercially reasonable tender has been paid 7
under RCW 46.55.120, ((or)) a person eligible to redeem under RCW 8
46.55.120(1)(a)(viii) has not come forth providing information that 9
the registered or legal owner of a motorcycle or moped is an admitted 10
patient in a hospital , or no individual or agency has come forth 11
providing any information to the operator that the vehicle is a 12
vehicle residence pursuant to section 2 of this act , the registered 13
tow truck operator having custody of the vehicle shall conduct a sale 14
of the vehicle at public auction after having first published a 15
notice of the date, place, and time of the auction, and a method to 16
contact the tow truck operator conducting the auction such as a 17
telephone number, email address, or website, in a newspaper of 18
general circulation in the county in which the vehicle is located not 19
less than three days and no more than ((ten)) 10 days before the date 20
of the auction. For the purposes of this section, a newspaper of 21
general circulation may be a commercial, widely circulated, free, 22
classified advertisement circular not affiliated with the registered 23
tow truck operator and the notice may be listed in a classification 24
delineating "auctions" or similar language designed to attract 25
potential bidders to the auction. The notice shall contain a 26
notification that a public viewing period will be available before 27
the auction and the length of the viewing period. The auction shall 28
be held during daylight hours of a normal business day. The viewing 29
period must be one hour if ((twenty-five)) 25 or fewer vehicles are 30
to be auctioned, two hours if more than ((twenty-five)) 25 and fewer 31
than ((fifty)) 50 vehicles are to be auctioned, and three hours if 32
((fifty)) 50 or more vehicles are to be auctioned. If the registered 33
tow truck operator is notified that the registered or legal owner of 34
the moped or motorcycle is an admitted patient in the hospital as 35
evidenced by a declaration on a form authorized by the department, 36
the registered tow truck operator may delay the auction of the moped 37
or motorcycle for a reasonable time in a good faith effort to provide 38
additional time for the redemption of the vehicle.39
p. 18 HB 1240
(2) Vehicles used as a vehicle residence are subject to the 1
procedures of section 2 of this act.2
(3) The following procedures are required in any public auction 3
of such abandoned vehicles: 4
(a) The auction shall be held in such a manner that all persons 5
present are given an equal time and opportunity to bid;6
(b) All bidders must be present at the time of auction unless 7
they have submitted to the registered tow truck operator, who may or 8
may not choose to use the preauction bid method, a written bid on a 9
specific vehicle. Written bids may be submitted up to five days 10
before the auction and shall clearly state which vehicle is being bid 11
upon, the amount of the bid, and who is submitting the bid;12
(c) The open bid process, including all written bids, shall be 13
used so that everyone knows the dollar value that must be exceeded;14
(d) The highest two bids received shall be recorded in written 15
form and shall include the name, address, and telephone number of 16
each such bidder; 17
(e) In case the high bidder defaults, the next bidder has the 18
right to purchase the vehicle for the amount of his or her bid;19
(f) The successful bidder shall apply for title within 20
((fifteen)) 15 days; 21
(g) The registered tow truck operator shall post a copy of the 22
auction procedure at the bidding site. If the bidding site is 23
different from the licensed office location, the operator shall post 24
a clearly visible sign at the office location that describes in 25
detail where the auction will be held. At the bidding site a copy of 26
the newspaper advertisement that lists the vehicles for sale shall be 27
posted; 28
(h) All surplus moneys derived from the auction after 29
satisfaction of the registered tow truck operator's lien shall be 30
remitted within ((thirty)) 30 days to the department for deposit in 31
the state motor vehicle fund. A report identifying the vehicles 32
resulting in any surplus shall accompany the remitted funds. If the 33
director subsequently receives a valid claim from the registered 34
vehicle owner of record as determined by the department within one 35
year from the date of the auction, the surplus moneys shall be 36
remitted to such owner; 37
(i) If an operator receives no bid, or if the operator is the 38
successful bidder at auction, the operator shall, within ((forty-39
five)) 45 days, sell the vehicle to a licensed vehicle wrecker, hulk 40
p. 19 HB 1240
hauler, or scrap processor by use of the abandoned vehicle report-1
affidavit of sale, or the operator shall apply for title to the 2
vehicle. 3
(((3))) (4) A tow truck operator may refuse to accept a bid at an 4
abandoned vehicle auction under this section for any reason in the 5
operator's posted operating procedures and for any of the following 6
reasons: (a) The bidder is currently indebted to the operator; (b) 7
the operator has knowledge that the bidder has previously abandoned 8
vehicles purchased at auction; or (c) the bidder has purchased, at 9
auction, more than four vehicles in the last calendar year without 10
obtaining title to any or all of the vehicles. In no case may an 11
operator hold a vehicle for longer than ((ninety)) 90 days without 12
holding an auction on the vehicle, except for vehicles that are under 13
a police or judicial hold or vehicle residences. 14
(((4))) (5)(a) The accumulation of storage charges applied to the 15
lien at auction under RCW 46.55.140 may not exceed ((fifteen)) 15 16
additional days from the date of receipt of the information by the 17
operator from the department as provided by RCW 46.55.110(3) plus the 18
storage charges accumulated prior to the receipt of the information. 19
However, vehicles redeemed pursuant to RCW 46.55.120 prior to their 20
sale at auction are subject to payment of all accumulated storage 21
charges from the time of impoundment up to the time of redemption.22
(b) The failure of the registered tow truck operator to comply 23
with the time limits provided in this chapter limits the accumulation 24
of storage charges to five days except where delay is unavoidable. 25
Providing incorrect or incomplete identifying information to the 26
department in the abandoned vehicle report shall be considered a 27
failure to comply with these time limits if correct information is 28
available. However, storage charges begin to accrue again on the date 29
the correct and complete information is provided to the department by 30
the registered tow truck operator. 31
Sec. 7. RCW 46.55.140 and 2010 c 161 s 1121 are each amended to 32
read as follows: 33
(1) A registered tow truck operator who has a valid and signed 34
impoundment authorization has a lien upon the impounded vehicle for 35
services provided in the towing and storage of the vehicle, unless 36
the impoundment is determined to have been invalid or is discharged 37
or adjusted by the court under RCW 46.55.130. The lien does not apply 38
to personal property in or upon the vehicle that is not permanently 39
p. 20 HB 1240
attached to or is not an integral part of the vehicle except for 1
items of personal property registered or titled with the department. 2
The registered tow truck operator also has a deficiency claim against 3
the registered owner of the vehicle for services provided in the 4
towing and storage of the vehicle not to exceed the sum of ((five 5
hundred dollars)) $500 after deduction of the amount bid at auction, 6
and for vehicles of over ten thousand pounds gross vehicle weight, 7
the operator has a deficiency claim of ((one thousand dollars )) 8
$1,000 after deduction of the amount bid at auction, unless the 9
impound is determined to be invalid or is discharged or adjusted by 10
the court under RCW 46.55.130. The limitation on towing and storage 11
deficiency claims does not apply to an impound directed by a law 12
enforcement officer. In no case may the cost of the auction or a 13
buyer's fee be added to the amount charged for the vehicle at the 14
auction, the vehicle's lien, or the overage due. A registered owner 15
who has completed and filed with the department the report of sale as 16
provided for in RCW 46.12.650 and has timely and properly filed the 17
report of sale is relieved of liability under this section. The 18
person named as the new owner of the vehicle on the timely and 19
properly filed report of sale shall assume liability under this 20
section. 21
(2) Any person who tows, removes, or otherwise disturbs any 22
vehicle parked, stalled, or otherwise left on privately owned or 23
controlled property, and any person owning or controlling the private 24
property, or either of them, are liable to the owner or operator of a 25
vehicle, or each of them, for consequential and incidental damages 26
arising from any interference with the ownership or use of the 27
vehicle which does not comply with the requirements of this chapter.28
Sec. 8. RCW 46.55.230 and 2021 c 65 s 52 are each amended to 29
read as follows: 30
(1)(a) Notwithstanding any other provision of law, any law 31
enforcement officer having jurisdiction, or any employee or officer 32
of a jurisdictional health department acting pursuant to RCW 33
70A.205.195, or any person authorized by the director shall inspect 34
and may authorize the disposal of an abandoned junk vehicle if that 35
abandoned junk vehicle is not a vehicle residence . The person making 36
the inspection shall record the make and vehicle identification 37
number or license number of the vehicle if available, and shall also 38
p. 21 HB 1240
verify that the approximate value of the junk vehicle is equivalent 1
only to the approximate value of the parts. 2
(b) A tow truck operator may authorize the disposal of an 3
abandoned junk vehicle if the vehicle has been abandoned two or more 4
times, the registered ownership information has not changed since the 5
first abandonment, and the registered owner is also the legal owner.6
(2) The law enforcement officer or department representative 7
shall provide information on the vehicle's registered and legal owner 8
to the landowner. 9
(3) Upon receiving information on the vehicle's registered and 10
legal owner, the landowner shall mail a notice to the registered and 11
legal owners shown on the records of the department. The notification 12
shall describe the redemption procedure and the right to arrange for 13
the removal of the vehicle. This notification shall also be posted 14
directly on the vehicle.15
(4) If the vehicle remains unclaimed more than ((fifteen)) 15 16
days after the landowner has mailed notification to the registered 17
and legal owner, posted notification on the vehicle, and if no one 18
has come forward claiming the vehicle as a residence or home, the 19
landowner may dispose of the vehicle or sign an affidavit of sale to 20
be used as a title document. 21
(5) ((If no information on the vehicle's registered and legal 22
owner is found in the records of the department, the landowner may 23
immediately dispose of the vehicle or sign an affidavit of sale to be 24
used as a title document.25
(6))) It is a gross misdemeanor for a person to abandon a junk 26
vehicle on property. If a junk vehicle is abandoned, the vehicle's 27
registered owner shall also pay a cleanup restitution payment equal 28
to twice the costs incurred in the removal of the junk vehicle. The 29
court shall distribute one-half of the restitution payment to the 30
landowner of the property upon which the junk vehicle is located, and 31
one-half of the restitution payment to the law enforcement agency or 32
jurisdictional health department investigating the incident.33
(((7))) (6) For the purposes of this section, the term 34
"landowner" includes a legal owner of private property, a person with 35
possession or control of private property, or a public official 36
having jurisdiction over public property. 37
(((8))) (7) A person complying in good faith with the 38
requirements of this section is immune from any liability arising out 39
of an action taken or omission made in the compliance.40
p. 22 HB 1240
Sec. 9. RCW 46.53.010 and 2018 c 287 s 5 are each amended to 1
read as follows: 2
(1) A registered tow truck operator, as defined in RCW 46.55.010, 3
vehicle wrecker, as defined in RCW 46.80.010, or scrap processor, as 4
defined in RCW 46.79.010, and scrap metal businesses, as defined in 5
RCW 19.290.010, may apply to the department on a form prescribed by 6
the department for cost reimbursement for the towing, transport, 7
storage, dismantling, and disposal of abandoned recreational vehicles 8
from public property. 9
(2) The department may only use funds under RCW 46.68.175 for 10
cost reimbursement for the towing, transport, storage, dismantling, 11
and disposal of abandoned recreational vehicles. The department may 12
not authorize reimbursements that total more than ((ten thousand 13
dollars)) $10,000 per vehicle for which cost reimbursements are 14
requested. 15
(3) After consulting with the 2017 stakeholder group, the 16
department may develop rules including, but not limited to, towing, 17
transport, storage, dismantling, and disposal rates, application form 18
and contents, and cost reimbursement and the reimbursement process, 19
to implement this section. 20
(4) The department shall convene a stakeholder work group every 21
two years, with the first meeting to be held within ((twelve)) 12 22
months of rule adoption, to make recommendations on rule amendments.23
(5) For the purposes of this section, an "abandoned recreational 24
vehicle" means a camper, motor home, or travel trailer not claimed as 25
a vehicle residence under section 2 of this act that has been 26
impounded from public property, abandoned pursuant to chapter 46.55 27
RCW, and received no bids at auction, or declared an abandoned junk 28
vehicle by a law enforcement officer, pursuant to chapter 46.55 RCW, 29
while on public property. 30
--- END ---
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