(1)
The properly executed written authority to tow or other evidence of lawful
possession will take the place of current license plates or trip permits for
unauthorized or abandoned vehicles.
(2) Billing invoices must indicate the time
of day when an unauthorized or abandoned vehicle arrived at the secure storage
area.
(3) A seller's report of sale
properly filed with the department on a form prescribed by the department shall
relieve a registered owner from liability for costs incurred in the removal and
storage of an unauthorized/abandoned vehicle, in addition to relieving that
person from other liability under RCW 46.12.101, unless the transferee on the
seller's report had no knowledge of the filing.
(4) The junk vehicle affidavit of sale as
described in
RCW
46.55.230 may be used to sell a vehicle to a
licensed hulk hauler, scrap processor, vehicle wrecking yard or it may be used
as a supporting document for issuance of a title.
(5) A stored vehicle may be redeemed any time
before the start of auctioning of that particular vehicle.
(6) The notification of impound is to be sent
by first-class mail within twenty-four hours after the impound to any lessor or
lessee, as well as to the last known registered and legal owner (lien holder)
of the vehicle. If the department returns information indicating a change in
vehicle possession, (example: Report of sale, wrecker, or insurance destroyed
report) notification will also be sent to the name and address provided by the
department.
(7)
(a) The written notice of the right of
redemption and opportunity for a hearing to contest the validity of an
impoundment is to be sent to the registered and legal owners as described in
subsection (6) of this section with the twenty-four hour impoundment notice on
an unauthorized vehicle.
(b) The
same notice, of the right of redemption and opportunity for a hearing to
contest the validity of an impound, must also be given to anyone qualified
under RCW
46.55.120 who attempts to redeem a
vehicle.
(8) As the
record required in RCW 46.05.150(2) [RCW
46.55.150(2)] the registered
tow truck operator must keep a copy of its twenty-four-hour impound notice to
law enforcement.
(9) Information
contained in the master log must include:
(a)
The dates of impound and release of vehicles;
(b) Storage lot used if multiple
lots;
(c) If impound was from
public or from private property and the location where the vehicle was
impounded;
(d) Identity of vehicle
by year, make, model, license number, and vehicle identification
number;
(e) Dates of all required
notices to law enforcement and to vehicle owners;
(f) Date of auction advertisement and of
auction;
(g) Amount of towing and
storage lien;
(h) Amount of auction
proceeds;
(i) Amount of surplus
funds.
Entries on the master log must be made within seventy-two hours
following the activity being logged.
(10) In compliance with the requirements of
RCW
46.55.100, as it relates to the reporting of
abandoned vehicles after being auctioned by a registered tow truck operator,
any tow truck company who has established an account with the department to use
the abandoned vehicle report-affidavit of sale through the online system must
use that system. Any report sent to the department by fax or mail will be
returned to the appropriate tow truck company to be filed online.
Tow truck companies that have not established an account with
the department to use the abandoned vehicle online system are encouraged to do
so; however, they may continue to file the abandoned vehicle report of sale
reports via fax or through the mail.
