How should a registered tow truck operator properly identify a
vehicle in its custody and prepare for a vehicle auction?
(1) For purposes of advertising the sale of
abandoned vehicles the vehicle identification number must be used if no license
plates are on the vehicle.
(2) If a
vehicle in the custody of an operator is not identifiable, including no license
plates or registration, the operator must conduct an examination of the vehicle
only to determine its make, model, year and vehicle identification number which
must be included on the abandoned vehicle report to the department.
(3) If the department cannot provide owner
information on a vehicle after the operator submits an abandoned vehicle
report, the operator may then inspect the vehicle as permitted in
RCW
46.55.100(5) to determine
whether owner information is within the vehicle.
(4) Upon inspection of the vehicle as
provided in subsection (3) of this section the operator may return the original
abandoned vehicle report with additional information from the inspection of the
vehicle to assist the department in providing owner information.
(5) The department may require an inspection
by the appropriate law enforcement agency to verify the vehicle identification
number of an unidentified vehicle. All such information must be reported to the
department, which will communicate with such other states as may be necessary
to determine whether the registered and legal owner information is available
for the vehicle.
(6) After all
reasonable efforts to obtain the owner information have proved unsuccessful,
the vehicle may be disposed of in accordance with all procedures except that
the notification to the registered and legal owners by certified or registered
mail may be omitted. A record of all steps taken to locate the owner(s) of the
vehicle must be kept by the operator for a period of three years.
(7) If the operator elects to bid at auction,
that bid must be disclosed as such, and must not merely be an effort to set a
minimum for other bids. If an operator is the successful bidder and the bid
exceeds the lien for towing and storage, the surplus funds must be remitted to
the department just as in any other sale. The operator cannot elect to retain a
vehicle at auction because the operator feels that the bidding is
insufficient.
(8) The public
viewing period required in
RCW
46.55.130(1) must be held at
all times during daylight hours.
(9) Auctions may be held on Saturdays or
Sundays which are not legal holidays.
(10) Three days prior to any vehicle auction,
tow companies must fax a listing of all vehicles, including year, make, model,
and vehicle identification number, to their Washington state patrol business
inspector. If there are any changes to the list, an updated/amended list must
also be faxed to the Washington state patrol inspector.
