16-17-112

WSR 16-17-112

PREPROPOSAL STATEMENT OF INQUIRY

WASHINGTON STATE PATROL

[Filed August 22, 2016, 12:25 p.m.]

Subject of Possible Rule Making: Towing businesses.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.55.115.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: There is a need to update sections within chapter 204-91A WAC to clarify the language of the rules as follows:

-	Under the definitions section cleanup to the definitions are provided and terms are amended throughout to ensure consistency within the chapter.
-	Definitions are consolidated and new definitions are added for inspection certificate and section commander.
-	Procedural rules are amended with regard to hearings to clarify representation and deposition processes.
-	Language regarding complaint investigations is amended to provide clarification.
-	Personal property handling procedures are amended to clarify tow operators' responsibilities.
-	Tow operator restrictions are clarified with regard to repeated refusal or failure to respond, requirements for notification if a tow operator is unavailable or changes business hours and professional conduct.
-	Requirements are clarified to require the tow truck drivers' first and last name on the inventory record and first name on their clothing.
-	Clarification is provided regarding who can request a tow operator at a collision scene and where impounded vehicles from a collision must be taken.
-	Owner's authorized representative is added to clarify who is authorized to reclaim a vehicle at the conclusion of a special event or overflow situation.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Department of licensing will keep informed of the proposed changes throughout the rule-making process and asked to provide feedback.

Process for Developing New Rule: The agency plans to develop a draft and provide the language to stakeholders for review and input as part of the CR-102 process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Sergeant J. D. Strup, Commercial Vehicle Division, P.O. Box 42614, Olympia, WA 98504-2614, [e-mail], [phone].

August 4, 2016

John R. Batiste

Chief