Towing Issues: Spot release laws/regs (if any) in WA, seattle king county, tow driver

Question
Richard,

I am a tow driver in Seattle/King County, WA and have 9 years experience.  Recently there have been questions about the legality of spot releases, or drop fees when impounding from private property.  I've searched the WA RCWs and haven't found anything definitive.  I've read several of your responses indicating that the fee is 'generally 1/2 of the regular impound fee' but are there actual laws governing this?  I've been threatened a few times by vehicle owners claiming that I'm scamming them, even though I always fill out a complete itemized invoice and never demand cash.  It'd be good to have an actual ordinance or something that I can quote.  Thanks very much for your advice.

Answer
I decided to delay answering this question Jeff, until I had time to review the proposed changes to WAC 204- 91A 140 and I still see that all the double talk is in the laws...

You can charge any rates you want, but if you take and do calls dispatched by WSP then you have to use the same rates as your private rates are...

Now that being said, RTTO's have to follow the rates with the 1 hour minimum for the class of tow trucks they are driving...

I really can not see any provisions for drop fees in the RCW's or WAC's and as such would suggest that it is not possible in Washington...
I checked the Seattle Municipal codes and they adopted the RCW's as well as Everett and other cities so I would say that you can not charge a drop fee...

Just another case of the State looking out for the taxpayer (motorist) who in this case is getting charges big time.

Now I did see that Washington is attempting to change WAC 204 91A 140 and as such they might do some things which I did not see yet... But I would also remember that the customer does have the rights to have  a "post impound hearing" if they file the forms in 10 days or less.

I know you have checked out several of the laws and such, but you will also find some information on the "ITOW" website if you have not been there yet.Below is a copy of parts of  RCW 46.55.063  which deal with rates, and since it is not a big section (1 page) you might print it out and carry it to show people who do not believe you and your charges..

Also I know you have it, but always make sure you have the most current up to date WSP approved rate sheet with you, so that you can back up the figures you are charging.


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RCW 46.55.063

 (2) Towing contracts with private property owners shall be in written form and state the hours of authorization to impound, the persons empowered to authorize the impounds, and the present charge of a private impound for the classes of tow trucks to be used in the impound, and must be retained in the files of the registered tow truck operator for three years.

    (3) A fee that is charged for tow truck service must be calculated on an hourly basis, and after the first hour must be charged to the nearest quarter hour.