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)