Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-61 - Unauthorized and abandoned vehicles › Section 308-61-026 - Definitions - Registered tow truck operator

Current through Register Vol. 24-14, July 15, 2024
(1) "Affidavit of sale" - that document
			 prescribed by the department and given to the successful bidder by the
			 operator. The affidavit must state that the sale was conducted properly
			 pursuant to
			 chapter
			 46.55 RCW and must be
			 notarized. The affidavit may be submitted to the department with an application
			 for certificate of title or may be used as a title document by a licensed auto
			 wrecker, hulk hauler or scrap processor.
(2) "Secure area" - a place of safety for
			 vehicle storage and in an area completely enclosed by a fence of sufficient
			 height and construction to prevent access by the general public, with a gate
			 which can be locked. The fence must be at least six feet high with at least two
			 strands of barbed wire along the top, for a total combined height of eight feet
			 or more. Concertina wire may be substituted for the two strands of barbed wire.
			 The fencing requirement may be waived by the department where, due to the
			 topography or zoning, a fence would be impracticable and the storage area is
			 secure without a fence. Storage within an enclosed building will be considered
			 secure and does not require a waiver. When a licensee has operator
			 registrations under more than one name and owns or leases a common secure area,
			 the areas for each operator registration must be segregated by a six-foot fence
			 which will not require barbed wire. When two or more operators with different
			 ownership share a secured area, those respective areas must be segregated by an
			 eight-foot fence as described above.
Wherever practicable secure storage areas will be located on
				improved property which is graded and illuminated at night for the safe keeping
				of stored vehicles.
(3)
			 "Abandoned vehicle report" - is that document, prescribed by the department, by
			 which the operator is to report to the department their possession of an
			 abandoned vehicle.
(4) "Notice of
			 custody and sale" - is that document, prescribed by the department, and sent by
			 the operator to the registered owner, legal owner (lien holder), lessor and
			 lessee giving notice of the amount of the operator's lien for services, place
			 and time of public auction if the vehicle is not redeemed, and of the
			 operator's right to seek a deficiency against the last registered
			 owner.
(5) "Registered tow truck
			 operator's business location" - is a location at which records and files
			 necessary to conduct the business are kept, and where the operator can normally
			 be contacted by the public.
Statutory Authority:
				  RCW
				  46.55.190. 02-20-035, § 308-61-026,
				  filed 9/24/02, effective 10/25/02; 00-01-058, § 308-61-026, filed
				  12/10/99, effective 1/10/00. Statutory Authority:
				  RCW
				  46.55.190,
				  46.79.080 and
				  46.80.140. 93-08-076, §
				  308-61-026, filed 4/6/93, effective 5/7/93; 88-06-025 (Order DLR 164), §
				  308-61-026, filed 2/25/88. Statutory Authority:
				  Chapter
				  46.55 RCW. 86-03-011
				  (Order DLR-088), § 308-61-026, filed
				  1/6/86.