H-2570.2
HOUSE BILL 2359
State of Washington 68th Legislature 2024 Regular Session
By Representatives Peterson, Donaghy, Reed, Ramel, and Simmons
Read first time 01/15/24. Referred to Committee on Transportation.
1 AN ACT Relating to vehicle impounds; amending RCW 46.55.090,
2 46.55.120, 46.55.130, 46.55.140, 46.55.230, and 46.53.010; reenacting
3 and amending RCW 46.55.010; and adding a new section to chapter 46.55
4 RCW.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. A new section is added to chapter 46.55
7 RCW to read as follows:
8 (1) An impounded vehicle that is used as a vehicle residence is
9 subject to additional procedures and protections including, but not
10 limited to, those outlined in this section.
11 (2) A state or its agents or a local government or its agents
12 shall develop procedures to ensure that vehicle residences are only
13 impounded pursuant to the provisions of this chapter and impounded as
14 a last resort after considering all available, reasonable
15 alternatives to impoundment including, but not limited to:
16 (a) Contacting the individual residing in the vehicle to inform
17 the individual of parking laws and alternate places to move the
18 individual's vehicle;
19 (b) Towing or moving the vehicle to a safe lot or safe parking
20 area after proper notification; and
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 1 (c) Moving the vehicle to an alternative legal location within
2 the jurisdiction where the vehicle may be retrieved at no cost to the
3 individual residing in the vehicle.
4 (3) If a state or its agents or a local government or its agents
5 receives information or observes an indication that a vehicle is a
6 vehicle residence, the state or its agents or local government or its
7 agents must notify the registered tow truck operator when requesting
8 an impound or 24 hours after impoundment that the vehicle may be a
9 vehicle residence and may be subject to additional protections.
10 (4)(a) If at any point before public auction, an operator or any
11 of its agents or employees receives information pursuant to
12 subsection (3) of this section, or if any individual tells an
13 operator or any of its agents or employees that the impounded vehicle
14 is a vehicle residence, any public auction procedures under RCW
15 46.55.130 must be stopped. The operator must provide to any
16 individual claiming to live in the vehicle:
17 (i) Written notice of the right of redemption and opportunity for
18 a hearing;
19 (ii) A form to be used for requesting a hearing;
20 (iii) The name of the person or agency authorizing the impound;
21 and
22 (iv) A copy of the current towing and storage invoice.
23 (b) The information in (a)(i) through (iv) of this subsection
24 must be provided again, even if it has already been previously mailed
25 or provided under the procedures described in RCW 46.55.110.
26 (5) A vehicle residence may be considered an abandoned vehicle
27 if:
28 (a) Ninety days have passed since notice from a state or its
29 agents or local government or its agents under subsection (3) of this
30 section;
31 (b) Ninety days have passed since providing or reproviding the
32 notice under subsection (4) of this section; and
33 (c) No individual claiming to reside in the vehicle or any other
34 individual authorized to redeem the vehicle under RCW 46.55.120 has
35 requested a hearing, redeemed the vehicle by payment, or communicated
36 with the operator to arrange redemption of the vehicle.
37 (6) An operator may proceed forward with the public auction
38 procedures under RCW 46.55.130 after expiration of the 90-day period,
39 by providing a mailing of notice of custody and sale to the
40 registered and legal owners, and by providing the notice to any
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 1 individuals that previously came forward to say they lived in the
2 vehicle. The vehicle may then proceed to auction 15 days after
3 expiration of the notice of custody and sale, pursuant to the general
4 procedures of RCW 46.55.130, or 15 days after a court has ordered the
5 vehicle released.
6 (7) If an impounded vehicle is subject to the provisions of this
7 section, personal belongings shall be kept intact and shall be
8 returned to the vehicle's owner or agent during normal business hours
9 upon request and presentation of a driver's license or other
10 sufficient identification, and may not be considered abandoned or
11 disposed of at the operator's discretion until the date of auction.
12 No personal belongings request form is required under RCW 46.55.090.
13 (8) If the impound was carried out at the direction of the state
14 or its agents or a local government or its agents, they are
15 responsible for paying any storage costs to the operator. If the
16 impound was private and without governmental involvement, no
17 additional storage costs may accrue once either an individual has
18 notified the operator the individual resides in the vehicle or after
19 a hearing has been requested.
20 Sec. 2. RCW 46.55.010 and 2023 c 326 s 1 are each reenacted and
21 amended to read as follows:
22 The definitions ((set forth)) in this section apply throughout
23 this chapter((:)) unless the context clearly requires otherwise.
24 (1) "Abandoned vehicle" means a vehicle that a registered tow
25 truck operator has impounded and held in the operator's possession
26 for 120 consecutive hours.
27 (2) "Abandoned vehicle report" means the document prescribed by
28 the state that the towing operator forwards to the department after a
29 vehicle has become abandoned.
30 (3) "Immobilize" means the use of a locking wheel boot that, when
31 attached to the wheel of a vehicle, prevents the vehicle from moving
32 without damage to the tire to which the locking wheel boot is
33 attached.
34 (4) "Impound" means to take and hold a vehicle in legal custody.
35 There are two types of impounds—public and private.
36 (a) "Public impound" means that the vehicle has been impounded at
37 the direction of a law enforcement officer or by a public official
38 having jurisdiction over the public property upon which the vehicle
39 was located.
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 1 (b) "Private impound" means that the vehicle has been impounded
2 at the direction of a person having control or possession of the
3 private property upon which the vehicle was located.
4 (5) "Junk vehicle" means a vehicle certified under RCW 46.55.230
5 as meeting at least three of the following requirements:
6 (a) Is three years old or older;
7 (b) Is extensively damaged, such damage including but not limited
8 to any of the following: A broken window or windshield, or missing
9 wheels, tires, motor, or transmission;
10 (c) Is apparently inoperable;
11 (d) Has an approximate fair market value equal only to the
12 approximate value of the scrap in it.
13 (6) "Master log" means the document or an electronic facsimile
14 prescribed by the department and the Washington state patrol in which
15 an operator records transactions involving impounded vehicles.
16 (7) "Registered tow truck operator" or "operator" means any
17 person who engages in the impounding, transporting, or storage of
18 unauthorized vehicles or the disposal of abandoned vehicles.
19 (8) "Residential property" means property that has no more than
20 four living units located on it.
21 (9) "Suspended license impound" means an impound ordered under
22 RCW 46.55.113 because the operator was arrested for a violation of
23 RCW 46.20.342 or 46.20.345.
24 (10) "Tow truck" means a motor vehicle that is equipped for and
25 used in the business of towing vehicles with equipment as approved by
26 the state patrol.
27 (11) "Tow truck number" means the number issued by the department
28 to tow trucks used by a registered tow truck operator in the state of
29 Washington.
30 (12) "Tow truck permit" means the permit issued annually by the
31 department that has the classification of service the tow truck may
32 provide stamped upon it.
33 (13) "Tow truck service" means the transporting upon the public
34 streets and highways of this state of vehicles, together with
35 personal effects and cargo, by a tow truck of a registered operator.
36 (14) "Unauthorized vehicle" means a vehicle that is subject to
37 impoundment after being left unattended in one of the following
38 public or private locations for the indicated period of time:
39 Subject to removal after:
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 1 (a) Public locations:
2 (i) Constituting an accident or a traffic hazard as
3 defined in RCW 46.55.113 . . . . . . . Immediately
4 (ii) On a highway and tagged as described in RCW
5 46.55.085 . . . . . . . . . . . . . . . . . . . . . . . . 24 hours
6 (iii) In a publicly owned or controlled parking
7 facility, properly posted under RCW
8 46.55.070 . . . . . . . . . . . . . . . . . . . . . Immediately
9 (iv) Within the right-of-way used by a regional transit
10 authority for high capacity transportation where
11 the vehicle constitutes an obstruction to the
12 operation of high capacity transportation vehicles
13 or
14 jeopardizes public safety. . . . . . . . . Immediately
15 (b) Private locations:
16 (i) On residential property . . . . . . . . . . Immediately
17 (ii) On private, nonresidential property,
18 properly posted under RCW
19 46.55.070 . . . . . . . . . . . . . . . . . . . . . Immediately
20 (iii) On private, nonresidential property,
21 not posted . . . . . . . . . . . . . . . . . . . . . . . 24 hours
22 (15) "Vehicle residence" means a vehicle that is used as a home,
23 residence, shelter, and/or homestead pursuant to chapter 6.13 RCW.
24 Vehicle residences are not considered abandoned and are instead
25 subject to additional protections and procedures, as outlined in this
26 chapter.
27 Sec. 3. RCW 46.55.090 and 2019 c 401 s 1 are each amended to
28 read as follows:
29 (1) All vehicles impounded shall be taken to the nearest storage
30 location that has been inspected and is listed on the application
31 filed with the department.
32 (2) All vehicles and stored personal belongings shall be handled
33 and returned in substantially the same condition as they existed
34 before being towed.
35 (3) For purposes of this ((subsection [section])) section,
36 "personal belongings" means personal property and contents in a
37 vehicle, with the exception of those items of personal property that
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 1 are registered or titled with the department. For a period of
2 ((twenty)) 20 days from impound, personal belongings shall be kept
3 intact, and shall be returned to the vehicle's owner or agent during
4 normal business hours upon request and presentation of a driver's
5 license or other sufficient identification. A vehicle's owner or
6 agent may retrieve personal belongings from the vehicle and request
7 that the registered tow truck operator store the personal belongings
8 for a period of ((thirty)) 30 days from the date of signing a
9 personal belongings storage request form. If a personal belongings
10 storage request form is not submitted, personal belongings not
11 claimed within ((twenty)) 20 days from the date of the impound are
12 considered abandoned and may be disposed of at the registered tow
13 truck operator's discretion. If a personal belongings storage request
14 form is submitted to the registered tow truck operator, personal
15 belongings not claimed within ((thirty)) 30 days of the date the
16 personal belongings storage request form is submitted are considered
17 abandoned and may be disposed of at the registered tow truck
18 operator's discretion. Abandoned personal belongings may be sold at
19 auction with the vehicle to fulfill a lien against the vehicle. The
20 department shall adopt rules prescribing the content and format of
21 the personal belongings storage request form. If an impounded vehicle
22 is subject to section 1 of this act, the treatment of personal
23 belongings is subject to section 1(7) of this act.
24 (4) Tow truck drivers shall have a Washington state driver's
25 license endorsed for the appropriate classification under chapter
26 46.25 RCW or the equivalent issued by another state.
27 (5) Any person who shows proof of ownership or written
28 authorization from the impounded vehicle's registered or legal owner
29 or the vehicle's insurer may view the vehicle without charge during
30 normal business hours.
31 Sec. 4. RCW 46.55.120 and 2017 c 152 s 1 are each amended to
32 read as follows:
33 (1)(a) Vehicles or other items of personal property registered or
34 titled with the department that are impounded by registered tow truck
35 operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113, or
36 9A.88.140 may be redeemed only by the following persons or entities:
37 (i) The legal owner;
38 (ii) The registered owner;
39 (iii) A person authorized in writing by the registered owner;
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 1 (iv) The vehicle's insurer or a vendor working on behalf of the
2 vehicle's insurer;
3 (v) A third-party insurer that has a duty to repair or replace
4 the vehicle, has obtained consent from the registered owner or the
5 owner's agent to move the vehicle, and has documented that consent in
6 the insurer's claim file, or a vendor working on behalf of a third-
7 party insurer that has received such consent; provided, however, that
8 at all times the registered owner must be granted access to and may
9 reclaim possession of the vehicle. For the purposes of this
10 subsection, "owner's agent" means the legal owner of the vehicle, a
11 driver in possession of the vehicle with the registered owner's
12 permission, or an adult member of the registered owner's family;
13 (vi) A person who is determined and verified by the operator to
14 have the permission of the registered owner of the vehicle or other
15 item of personal property registered or titled with the department;
16 (vii) A person who has purchased a vehicle or item of personal
17 property registered or titled with the department from the registered
18 owner who produces proof of ownership or written authorization and
19 signs a receipt therefor; ((or))
20 (viii) If (a)(i) through (vii) of this subsection do not apply, a
21 person, who is known to the registered or legal owner of a motorcycle
22 or moped, as each are defined in chapter 46.04 RCW, that was towed
23 from the scene of an accident, may redeem the motorcycle or moped as
24 a bailment in accordance with RCW 46.55.125 while the registered or
25 legal owner is admitted as a patient in a hospital due to the
26 accident; or
27 (ix) A person who is authorized by a court, after an impound
28 hearing or other procedure, to redeem the vehicle.
29 (A) A court or administrative hearing officer, for the
30 jurisdiction in which the vehicle was impounded, may order release of
31 the vehicle to any person meeting the criteria in (a)(i) through
32 (viii) of this subsection after a hearing or legal proceeding.
33 (B) If ownership of the vehicle or authorization from the legal
34 or registered owner to use, reside in, or retrieve the vehicle is
35 disputed, a court or hearing officer may review any additionally
36 presented information and evidence to determine ownership or
37 authorization to the vehicle. If a person establishes at a hearing or
38 other legal proceeding, by a preponderance of the evidence, that they
39 own the vehicle, have authorization to retrieve or reside in the
40 vehicle, or otherwise meet the criteria in (a)(i) through (viii) of
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 1 this subsection, the court may order release of the vehicle to the
2 requesting person.
3 (C) A court may also order release and retrieval of any personal
4 property inside a vehicle, if a requesting person establishes
5 ownership to that personal property, by a preponderance of the
6 evidence.
7 (D) A court or administrative hearing officer, for the
8 jurisdiction in which the vehicle was impounded, may continue a
9 hearing for up to 30 days to clarify ownership or authorization to a
10 vehicle. If a claimant files a claim to quiet title to the vehicle
11 under RCW 46.12.680 during the 30-day period, a court shall grant an
12 additional continuance until that claim has ended.
13 (b) In addition, a vehicle impounded because the operator is in
14 violation of RCW 46.20.342(1)(c) shall not be released until a person
15 eligible to redeem it under (a) of this subsection satisfies the
16 requ