RCW 46.55.118
Rate, fee limitations for certain private impounds.
(1) For a private impound performed by any registered tow truck operator using tow trucks classified by the Washington state patrol by rule under RCW 46.55.050(1) as class A, class E, or class D only, the following limitations apply:
(a) The maximum towing hourly rate listed on the fee schedule filed with the department under RCW 46.55.063(1) may not exceed one hundred thirty-five percent of the maximum hourly rate for a class A tow truck at the time of filing as negotiated by the Washington state patrol, pursuant to rule, and contained in the letter of contractual agreement and letter of appointment authorizing a registered tow truck operator to respond to state patrol-originated calls.
(b) The maximum daily storage rate listed on the fee schedule filed with the department under RCW 46.55.063(1) may not exceed one hundred thirty-five percent of the maximum daily storage rate for an impound at the time of filing as negotiated by the Washington state patrol, pursuant to rule, and contained in the letter of contractual agreement and letter of appointment authorizing a registered tow truck operator to respond to state patrol-originated calls.
(c) The maximum after-hours release fee listed on the fee schedule filed with the department under RCW 46.55.063(1) may not exceed one hundred percent of the maximum after-hours release fee for an impound at the time of filing as negotiated by the Washington state patrol, pursuant to rule, and contained in the letter of contractual agreement and letter of appointment authorizing a registered tow truck operator to respond to state patrol-originated calls.
(2) The limitations set forth in subsection (1) of this section apply to all registered tow truck operators whether or not they hold, have applied for, or received letters of appointment from the Washington state patrol to respond to state patrol-originated calls.
(3) The limitations set forth in subsection (1) of this section do not apply to:
(a) Any other classes of tow trucks classified by the Washington state patrol by rule under RCW 46.55.050(1); or
(b) Law enforcement impounds or private voluntary towing.
(4) The limitations set forth in subsection (1) of this section only apply if the vehicle is parked and upright, has all its wheels and tires attached, does not have a broken axle, and has not been involved in an accident at the location from which it is being impounded.
(5) This section does not affect the authority of any city, town, or county to enforce, maintain, or amend any ordinance, enacted prior to January 1, 2013, and valid under state law in existence at the time of its enactment, that regulates maximum allowable rates and related charges for private impounds by registered tow truck operators.
[ 2013 c 37 § 2.]
NOTES:
Findings—2013 c 37: "The legislature finds that the use of a motor vehicle is often a necessity for residents' livelihood and families. Therefore, the legislature finds it is important for the public to know what the charges and fees will be for the private impound of cars and other vehicles parked on private property, and that those charges should be reasonable to ensure that residents may retrieve impounded vehicles." [ 2013 c 37 § 1.]
Structure Revised Code of Washington
Chapter 46.55 - Towing and Impoundment.
46.55.020 - Registration required—Penalty.
46.55.025 - Registration or insurance required—Penalty.
46.55.030 - Application—Contents, bond, insurance, fee, certificate.
46.55.035 - Prohibited acts—Penalty.
46.55.037 - Compensation for private impounds.
46.55.040 - Permit required—Inspections of equipment and facilities.
46.55.050 - Classification of trucks—Marking requirements—Time and place of inspection—Penalty.
46.55.060 - Business location—Requirements.
46.55.063 - Fees, schedules, contracts, invoices.
46.55.070 - Posting requirements—Exception.
46.55.075 - Law enforcement impound—Required form, procedures.
46.55.085 - Law enforcement impound—Unauthorized vehicle in right-of-way.
46.55.100 - Impound notice—Abandoned vehicle report—Owner information, liability—Disposition report.
46.55.105 - Responsibility of registered owner—Buyer and seller remedies.
46.55.110 - Notice to legal and registered owners.
46.55.113 - Removal by police officer—Definition.
46.55.115 - State patrol—Appointment of towing operators—Lien for costs—Appeal.
46.55.117 - Impounds under RCW 64.44.050.
46.55.118 - Rate, fee limitations for certain private impounds.
46.55.120 - Redemption of vehicles—Sale of unredeemed property—Improper impoundment.
46.55.130 - Notice requirements—Public auction—Accumulation of storage charges.
46.55.140 - Operator's lien, deficiency claim, liability.
46.55.150 - Vehicle transaction file.
46.55.160 - Availability of records, equipment, and facilities for audit and inspection.
46.55.170 - Complaints, where forwarded.
46.55.180 - Presiding officer at licensing hearing.
46.55.200 - Penalties for certain acts or omissions.
46.55.210 - Cease and desist order.
46.55.220 - Refusal to issue license, grounds for.
46.55.230 - Junk vehicles—Removal, disposal, sale—Penalties—Cleanup restitution payment.
46.55.240 - Local ordinances—Requirements.
46.55.300 - Vehicle immobilization.
46.55.370 - Law enforcement liability immunity—Reasonable suspicion.
46.55.400 - Transporting abandoned recreational vehicles—Record of delivery—Report—Liability.
46.55.901 - Headings not part of law—1985 c 377.
46.55.902 - Effective date—1985 c 377.
46.55.910 - Chapter not applicable to certain activities of department of transportation.