Wash. Rev. Code § 46.55.150

Current through 2024

Section 46.55.150 - Vehicle transaction file

(1) The registered tow truck operator shall keep a transaction file on each vehicle, which shall be kept for a minimum of three years. The transaction file shall contain as a minimum those of the following items that are required at the time the vehicle is redeemed or becomes abandoned and is sold at a public auction:

(a) A signed impoundment authorization as required by RCW 46.55.080;

(b) A record of the twenty-four hour written impound notice to a law enforcement agency;

(c) A copy of the impoundment notification to registered and legal owners, sent within twenty-four hours of impoundment, that advises the owners of the address of the impounding firm, a twenty-four hour telephone number, and the name of the person or agency under whose authority the vehicle was impounded;

(d) A copy of the abandoned vehicle report that was sent to and returned by the department;

(e) A copy and proof of mailing of the notice of custody and sale sent by the registered tow truck operator to the owners advising them they have fifteen days to redeem the vehicle before it is sold at public auction;

(f) A copy of the published notice of public auction;

(g) A copy of the affidavit of sale showing the sales date, purchaser, amount of the lien, and sale price;

(h) A record of the two highest bid offers on the vehicle, with the names, addresses, and telephone numbers of the two bidders;

(i) A copy of the notice of opportunity for hearing given to those who redeem vehicles;

(j) An itemized invoice of charges against the vehicle; and

(k) Documentation of a bailment in accordance with RCW 46.55.125, if applicable.

(2)

(a) The transaction file kept under subsection (1) of this section may be created and stored electronically. If the tow truck operator elects to store records electronically, the method of electronic records storage shall utilize software developed for that business purpose. This method of storage may include the use of cloud storage or another acceptable method that makes storage, retrieval, and access to the records reliable and available during normal business hours for audit or inspection by the department of licensing, the Washington state patrol, or any law enforcement agency with jurisdiction.

(b) Any electronic record created for each tow transaction must be maintained in an electronic folder labeled with the date the towing service was performed. The electronic folders must be maintained in chronological order.

RCW 46.55.150

Amended by 2017 c 152,§ 3, eff. 7/23/2017.

Amended by 2017 c 50,§ 1, eff. 7/23/2017.

1989 c 111 § 14; 1987 c 311 § 15; 1985 c 377 § 15.

Reviser's note: This section was amended by 2017 c 50 s 1 and by 2017 c 152 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

Short title- 2017 c 152: See note following RCW 46.55.125.