Chapter 10.54
IMPOUNDMENT OF VEHICLES DRIVEN BY SUSPENDED/REVOKED DRIVERS
Sections:
10.54.010 Adoption of legislative findings.
10.54.020 Impoundment of vehicles driven by suspended/revoked drivers.
10.54.030 Holding vehicles impounded.
10.54.040 Redemption of impounded vehicles.
10.54.050 Notice of impoundment and right to hearing in district court.
10.54.060 Petition for judicial review.
10.54.070 Hearing before county district court.
10.54.080 Towing and storage of impounded vehicle.
10.54.010 Adoption of legislative findings.
In 1998, the Washington State Legislature passed ESHB 1221 to allow for the impoundment and forfeiture of vehicles being operated by persons who have a suspended and/or revoked driver’s license. The board of county commissioners hereby adopts the legislative findings of Washington Laws of 1998, Chapter 203, Section 1, and intends this ordinance 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 the traffic laws. (Ord. 1999-08)
10.54.020 Impoundment of vehicles driven by suspended/revoked drivers.
Pursuant to the authority of RCW 46.55.113, whenever the driver of a vehicle is arrested for violation of RCW 46.20.342 (driving while license is suspended and/or revoked (DWLS/DWLR)), or RCW 46.20.420 (operation of vehicle under other license or permit prohibited while license is suspended or revoked), the vehicle is subject to impoundment at the business location of a registered tow truck operator at the direction of the county sheriff or one of his deputies. The county sheriff’s office, with the approval of the board of county commissioners, shall negotiate and contract with one or more properly licensed and authorized tow truck operators to tow, store and release vehicles impounded under this chapter. At minimum, this contract for services shall include a provision that indemnifies the county, and its officials, from liability for any damages caused to the impounded vehicle during its tow or storage. (Ord. 1999-08)
10.54.030 Holding vehicles impounded.
A. DWLS/DWLR first degree or second degree. When a vehicle is impounded because the operator is in violation of RCW 46.20.342 (1) (a) or (b), (DWLS/DWLR first or second degree), the vehicle will be held, at the written direction of the county sheriff, one of his/her deputies, or any Washington State patrol officer, in impound before it may be redeemed for:
1. Up to thirty days when the department of licensing’s records show that the operator has no prior conviction of RCW 46.20.342 (1) (a) or (b) or a similar local ordinance within the past five years;
2. Up to sixty days when the department of licensing’s records show that the operator has been convicted once of RCW 46.20.342 (1) (a) or (b) or a similar local ordinance within the past five years; and
3. Up to ninety days when the department of licensing’s records show that the operator has been convicted two or more times of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within the past five years.
B. DWLS/DWLR Third Degree. When a vehicle is impounded because the operator is in violation of RCW 46.20.342 (1) (c) (DWLS/DWLR Third Degree), the vehicle will be held at the written direction of the county sheriff, one of his/her deputies or any Washington State patrol officer, in impound before it may be redeemed as follows:
1. The sheriff shall issue an immediate written order of release of the vehicle from impound upon the owner’s compliance with the provisions of Section 4 when the department of licensing’s records show that the operator has no prior conviction of RCW 46.20.342 or a similar local ordinance within the past five years; and
2. Thirty days when the department of licensing’s records show that the operator has one or more convictions of RCW 46.20.341 (1) (a), (b) or (c) or a similar local ordinance within the past five years.
C. Hardship Release. The law enforcement agency which has impounded the vehicle may issue a written order to immediately release the vehicle from impound before the expiration of the impound period on the basis of economic or personal hardship to the owner of the impounded vehicle, or if impoundment would be unfair under the circumstances, (provided the owner is not the offender), taking into consideration public safety factors, including but not limited to, the operator’s relationship to the owner, the operator’s criminal history and driving record, and whether the owner knew about the operator’s driving record or license status. (Ord. 1999-08)
10.54.040 Redemption of impounded vehicles.
Vehicles impounded pursuant to Section 3, may be redeemed, after being held for the requisite number of days in impound under Section 3, upon the following conditions:
A. The person redeeming the vehicle is an eligible person to redeem vehicles under RCW 46.55.120(1) (a) and pays all towing, removal, and storage fees in commercially reasonable tender as provided in RCW 46.55.120(1)(b); and
B. When the vehicle was impounded because the operator was in violation of RCW 46.20.342 and the operator is the registered owner, such registered owner must establish with the county sheriff’s office that all penalties, fines, and/or forfeitures owed by him or her for traffic violations have been paid in full; and
C. Issuance of a written order from the county sheriff or one of his deputies directing release of the impounded vehicle. (Ord. 1999-08)
10.54.050 Notice of impoundment and right to hearing in district court.
A. The law enforcement agency which has impounded a vehicle under this chapter shall immediately provide the registered tow truck operator a written order of impound on forms prepared by the county Sheriff’s Office. The form shall provide, at minimum, the following:
1. A description of the vehicle (including license plate number);
2. Date and time of impound;
3. The reason for the impound;
4. The name of the operator of the vehicle;
5. The name and address of the last registered and legal owner(s) of the vehicle as provided by the Department of Motor Vehicle records; and
6. Duration that the vehicle is to be impounded as provided by this chapter and RCW Chapter 46.55.
B. The registered tow truck operator towing or receiving an impounded vehicle under this chapter shall, within twenty-four hours of the impoundment, notify in writing the last known registered and legal owner (s) of the impounded vehicle of the order of impoundment. The registered tow truck operator may use the information provided by the law enforcement agency ordering the impound of the vehicle. The notice of impoundment notification shall be made and deemed completed by first class mail to the last known address of the registered and legal owner(s) of the vehicle.
1. The notice of impoundment shall be provided on forms developed and prepared by the county sheriff’s office, and provide, at minimum, the following information:
a. The name of the agency ordering the impound;
b. The date of the impoundment;
c. The reason for the impoundment;
d. The duration of the impoundment;
e. The tow truck operator who is in possession of the vehicle; and
f. Notice of right to seek a hearing before the county district court to challenge the impound, provided a written request is filed with the court within ten days of the date of mailing.
2. The tow truck operator shall also enclose, along with the notice of impoundment to the last registered owner(s), the following:
a. A copy of the sheriff’s order of impound as provided in subsection 5(A);
b. A request for hearing form as prepared by the county sheriff’s office to be used to request a hearing before the county district court; and
c. An invoice of the towing and anticipated storage costs.
Failure to enclose any of the above information or items will not constitute a defense or affect the validity of the impoundment of the vehicle.
3. The registered tow truck operator which has towed or received an impounded vehicle shall also give to each person who seeks to redeem an impounded vehicle, written notice as provided in this subsection 5(B). (Ord. 1999-08)
10.54.060 Petition for judicial review.
The last registered and/or legal owners of, or any person who claims a legal interest in, an impounded vehicle may petition the county district court in writing for a hearing to challenge the validity of the impound, or the appropriateness of the impoundment, towing or storage fee charges. The petitioner must pay to the court clerk a filing fee in the same amount required for the filing of a lawsuit in district court. If the district court does not receive a written hearing request, or if the civil filing fee is not paid within ten days of the registered tow truck operator’s mailing of the notice of impoundment, then the right to a hearing is waived and the registered and/or legal owners are liable for any towing, storage, or other impoundment fees or other charges as permitted under this chapter and/or RCW Chapter 46.55. (Ord. 1999-08)
10.54.070 Hearing before county district court.
A. Within five days of receiving a written request for hearing, the district court shall notify the registered tow truck operator, the person requesting a hearing (if not the owner), the last registered and/or legal owners of the vehicle as determined by the Department of Motor Vehicle records and the agency responsible for the impound, 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 county district court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and determine who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the registered tow truck operator’s 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 written impoundment order from the appropriate law enforcement agency.
E. If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle 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 impoundment, 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 of Motor Vehicles, 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 impoundment. However, if an impoundment arising from the alleged violation of RCW 46.20.342 or 46.20.420 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment, the government employing the officer, and the tow truck operator who towed or stored the vehicle are not liable for damages if the officer and tow truck operator relied in good faith and without gross negligence on the records of the Department of Motor Vehicles in ascertaining that the operator of the vehicle had a suspended or revoked driver’s license at the time he or she was operating the vehicle. (Ord. 1999-08)
10.54.080 Towing and storage of impounded vehicle.
A. Pursuant to RCW 46.55.120, any tow truck operator who has removed, received or stored a vehicle that has been impounded by a law enforcement officer, may comply with RCW 46.55.120 by providing written notice of the right of redemption and opportunity for a hearing to each person who seeks to redeem an impounded vehicle or is a registered owner of the vehicle. The tow truck operator is also responsible to only charge reasonable amounts for their services. To be recovered these amounts must be posted in accordance with RCW 46.55.120(3). If no one seeks to redeem the vehicle, the tow truck operator may exercise its rights as provided in RCW 46.55.110.
B. Tow truck operator’s storage of vehicle. 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, and 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 and anticipated 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 and in accordance with the procedure 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(s) is not eligible to purchase the vehicle at the option, and the tow truck operator shall sell the vehicle to the highest bidder who is not the registered owner.
C. A rental car business may immediately redeem a rental vehicle it owns that has been impounded by paying the cost of removal, towing and storage, whereupon the tow truck operator may release the vehicle being held under this chapter.
D. A motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately upon payment of the cost 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 sell the vehicle to a registered owner in an attempt to avoid a suspended license impound. However, this provision does not preclude a vehicle dealer or 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 (UCC Security Interests), 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 suspended license impound. (Ord. 1999-08)