Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-61 - Unauthorized and abandoned vehicles › Section 308-61-175 - Procedures for selling vehicles

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  RCW
				  46.55.190. 07-03-117, § 308-61-175,
				  filed 1/22/07, effective 2/22/07; 02-20-035, § 308-61-175, filed 9/24/02,
				  effective 10/25/02; 00-01-058, § 308-61-175, filed 12/10/99, effective
				  1/10/00; 91-20-121, § 308-61-175, filed 9/30/91, effective 10/31/91.
				  Statutory Authority:
				  RCW
				  46.55.190,
				  46.80.140 and
				  46.79.080. 88-06-025 (Order DLR
				  164), § 308-61-175, filed 2/25/88. Statutory Authority:
				  Chapter
				  46.55 RCW. 86-03-011
				  (Order DLR-088), § 308-61-175, filed
				  1/6/86.