title: RCW 46.70.180

text:
Each of the following acts or practices is unlawful:
(1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to the following:
(a) That no down payment is required in connection with the sale of a vehicle when a down payment is in fact required, or that a vehicle may be purchased for a smaller down payment than is actually required;
(b) That a certain percentage of the sale price of a vehicle may be financed when such financing is not offered in a single document evidencing the entire security transaction;
(c) That a certain percentage is the amount of the service charge to be charged for financing, without stating whether this percentage charge is a monthly amount or an amount to be charged per year;
(d) That a new vehicle will be sold for a certain amount above or below cost without computing cost as the exact amount of the factory invoice on the specific vehicle to be sold;
(e) That a vehicle will be sold upon a monthly payment of a certain amount, without including in the statement the number of payments of that same amount which are required to liquidate the unpaid purchase price.
(2)(a)(i) To incorporate within the terms of any purchase and sale or lease agreement any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to terms that include as an added cost to the selling price or capitalized cost of a vehicle an amount for licensing or transfer of title of that vehicle which is not actually due to the state, unless such amount has in fact been paid by the dealer prior to such sale.
(ii) However, an amount not to exceed $200 per vehicle sale or lease may be charged by a dealer to recover administrative costs for collecting motor vehicle excise taxes, licensing and registration fees and other agency fees, verifying and clearing titles, transferring titles, perfecting, releasing, or satisfying liens or other security interests, and other administrative and documentary services rendered by a dealer in connection with the sale or lease of a vehicle and in carrying out the requirements of this chapter or any other provisions of state law.
(b) A dealer may charge the documentary service fee in (a) of this subsection under the following conditions:
(i) The documentary service fee is disclosed in writing to a prospective purchaser or lessee before the execution of a purchase and sale or lease agreement;
(ii) The dealer discloses to the purchaser or lessee in writing that the documentary service fee is a negotiable fee. The disclosure must be written in a typeface that is at least as large as the typeface used in the standard text of the document that contains the disclosure and that is boldfaced, capitalized, underlined, or otherwise set out from the surrounding material so as to be conspicuous. The dealer shall not represent to the purchaser or lessee that the fee or charge is required by the state to be paid by either the dealer or prospective purchaser or lessee;
(iii) The documentary service fee is separately designated from the selling price or capitalized cost of the vehicle and from any other taxes, fees, or charges; and
(iv) Dealers disclose in any advertisement that a documentary service fee in an amount up to $200 may be added to the sale price or the capitalized cost.
For the purposes of this subsection (2), the term "documentary service fee" means the optional amount charged by a dealer to provide the services specified in (a) of this subsection.
(3) To set up, promote, or aid in the promotion of a plan by which vehicles are to be sold or leased to a person for a consideration and upon further consideration that the purchaser or lessee agrees to secure one or more persons to participate in the plan by respectively making a similar purchase and in turn agreeing to secure one or more persons likewise to join in said plan, each purchaser or lessee being given the right to secure money, credits, goods, or something of value, depending upon the number of persons joining the plan.
(4) To commit, allow, or ratify any act of "bushing" which is defined as follows: Entering into a written contract, written purchase order or agreement, retail installment sales agreement, note and security agreement, or written lease agreement, hereinafter collectively referred to as contract or lease, signed by the prospective buyer or lessee of a vehicle, which:
(a) Is subject to any conditions or the dealer's or his or her authorized representative's future acceptance, and the dealer fails or refuses within the "bushing" period, which is four calendar days, exclusive of Saturday, Sunday, or legal holiday, and prior to any further negotiations with said buyer or lessee to inform the buyer or lessee either: (i) That the dealer unconditionally accepts the contract or lease, having satisfied, removed, or waived all conditions to acceptance or performance, including, but not limited to, financing, assignment, or lease approval; or (ii) that the dealer rejects the contract or lease, thereby automatically voiding the contract or lease, as long as such voiding does not negate commercially reasonable contract or lease provisions pertaining to the return of the subject vehicle and any physical damage, excessive mileage after the demand for return of the vehicle, and attorneys' fees authorized by law, and tenders the refund of any initial payment or security made or given by the buyer or lessee, including, but not limited to, any down payment, and tenders return of the trade-in vehicle, key, other trade-in, or certificate of title to a trade-in. Tender may be conditioned on return of the subject vehicle if previously delivered to the buyer or lessee.
The provisions of this subsection (4)(a) do not impair, prejudice, or abrogate the rights of a dealer to assert a claim against the buyer or lessee for misrepresentation or breach of contract and to exercise all remedies available at law or in equity, including those under chapter 62A.9A RCW, if the dealer, bank, or other lender or leasing company discovers that approval of the contract or financing or approval of the lease was based upon material misrepresentations made by the buyer or lessee, including, but not limited to, misrepresentations regarding income, employment, or debt of the buyer or lessee, as long as the dealer, or his or her staff, has not, with knowledge of the material misrepresentation, aided, assisted, encouraged, or participated, directly or indirectly, in the misrepresentation. A dealer shall not be in violation of this subsection (4)(a) if the buyer or lessee made a material misrepresentation to the dealer, as long as the dealer, or his or her staff, has not, with knowledge of the material misrepresentation, aided, assisted, encouraged, or participated, directly or indirectly, in the misrepresentation.
A dealer may inform a buyer or lessee under this subsection (4)(a) regarding the unconditional acceptance or rejection of the contract, lease, or financing by sending an email message to the buyer's or lessee's supplied email address, by phone call, by leaving a voice message or sending a text message to a phone number provided by the buyer or lessee, by in-person oral communication, by mailing a letter by first-class mail if the buyer or lessee expresses a preference for a letter or declines to provide an email address and a phone number capable of receiving a free text message, or by another means agreed to by the buyer or lessee or approved by the department, effective upon the execution, mailing, or sending of the communication and before expiration of the "bushing" period;
(b) Permits the dealer to renegotiate a dollar amount specified as trade-in allowance on a vehicle delivered or to be delivered by the buyer or lessee as part of the purchase price or lease, for any reason except:
(i) Failure to disclose that the vehicle's certificate of title has been branded for any reason, including, but not limited to, status as a rebuilt vehicle as provided in RCW 46.12.540 and 46.12.560; or
(ii) Substantial physical damage or latent mechanical defect occurring before the dealer took possession of the vehicle and which could not have been reasonably discoverable at the time of the taking of the order, offer, or contract; or
(iii) Excessive additional miles or a discrepancy in the mileage. "Excessive additional miles" means the addition of 500 miles or more, as reflected on the vehicle's odometer, between the time the vehicle was first valued by the dealer for purposes of determining its trade-in value and the time of actual delivery of the vehicle to the dealer. "A discrepancy in the mileage" means (A) a discrepancy between the mileage reflected on the vehicle's odometer and the stated mileage on the signed odometer statement; or (B) a discrepancy between the mileage stated on the signed odometer statement and the actual mileage on the vehicle; or
(c) Fails to comply with the obligation of any written warranty or guarantee given by the dealer requiring the furnishing of services or repairs within a reasonable time.
(5) To commit any offense relating to odometers, as such offenses are defined in RCW 46.37.540, 46.37.550, 46.37.560, and 46.37.570. A violation of this subsection is a class C felony punishable under chapter 9A.20 RCW.
(6) For any vehicle dealer or vehicle salesperson to refuse to furnish, upon request of a prospective purchaser or lessee, for vehicles previously registered to a business or governmental entity, the name and address of the business or governmental entity.
(7) To commit any other offense under RCW 46.37.423, 46.37.424, or 46.37.425.
(8) To commit any offense relating to a dealer's temporary license permit, including but not limited to failure to properly complete each such permit, or the issuance of more than one such permit on any one vehicle. However, a dealer may issue a second temporary permit on a vehicle if the following conditions are met:
(a) The lienholder fails to deliver the vehicle title to the dealer within the required time period;
(b) The dealer has satisfied the lien; and
(c) The dealer has proof that payment of the lien was made within two calendar days, exclusive of Saturday, Sunday, or a legal holiday, after the sales contract has been executed by all parties and all conditions and contingencies in the sales contract have been met or otherwise satisfied.
(9) For a dealer, salesperson, or mobile home manufacturer, having taken an instrument or cash "on deposit" from a purchaser or lessee prior to the delivery of the bargained-for vehicle, to commingle the "on deposit" funds with assets of the dealer, salesperson, or mobile home manufacturer instead of holding the "on deposit" funds as trustee in a separate trust account until the purchaser or lessee has taken delivery of the bargained-for vehicle. Delivery of a manufactured home shall be deemed to occur in accordance with RCW 46.70.135(5). Failure, immediately upon receipt, to endorse "on deposit" instruments to such a trust account, or to set aside "on deposit" cash for deposit in such trust account, and failure to deposit such instruments or cash in such trust account by the close of banking hours on the day following receipt thereof, shall be evidence of intent to commit this unlawful practice: PROVIDED, HOWEVER, That a motor vehicle dealer may keep a separate trust account which equals his or her customary total customer deposits for vehicles for future delivery. For purposes of this section, "on deposit" funds received from a purchaser of a manufactured home means those funds that a seller requires a purchaser to advance before ordering the manufactured home, but does not include any loan proceeds or moneys that might have been paid on an installment contract.
(10) For a dealer or manufacturer to fail to comply with the obligations of any written warranty or guarantee given by the dealer or manufacturer requiring the furnishing of goods and services or repairs within a reasonable period of time, or to fail to furnish to a purchaser or lessee, all parts which attach to the manufactured unit including but not limited to the undercarriage, and all items specified in the terms of a sales or lease agreement signed by the seller and buyer or lessee.
(11) For a vehicle dealer to pay to or receive from any person, firm, partnership, association, or corporation acting, either directly or through a subsidiary, as a buyer's agent for consumers, any compensation, fee, purchase moneys or funds that have been deposited into or withdrawn out of any account controlled or used by any buyer's agent, gratuity, or reward in connection with the purchase, sale, or lease of a new motor vehicle.
(12) For a buyer's agent, acting directly or through a subsidiary, to pay to or to receive from any motor vehicle dealer any compensation, fee, gratuity, or reward in connection with the purchase, sale, or lease of a new motor vehicle. In addition, it is unlawful for any buyer's agent to engage in any of the following acts on behalf of or in the name of the consumer:
(a) Receiving or paying any purchase moneys or funds into or out of any account controlled or used by any buyer's agent;
(b) Signing any vehicle purchase orders, sales contracts, leases, odometer statements, or title documents, or having the name of the buyer's agent appear on the vehicle purchase order, sales contract, lease, or title; or
(c) Signing any other documentation relating to the purchase, sale, lease, or transfer of any new motor vehicle.
It is unlawful for a buyer's agent to use a power of attorney obtained from the consumer to accomplish or effect the purchase, sale, lease, or transfer of ownership documents of any new motor vehicle by any means which would otherwise be prohibited under (a) through (c) of this subsection. However, the buyer's agent may use a power of attorney for physical delivery of motor vehicle license plates to the consumer.
Further, it is unlawful for a buyer's agent to engage in any false, deceptive, or misleading advertising, disseminated in any manner whatsoever, including but not limited to making any claim or statement that the buyer's agent offers, obtains, or guarantees the lowest price on any motor vehicle or words to similar effect.
(13) For a buyer's agent to arrange for or to negotiate the purchase, or both, of a new motor vehicle through an out-of-state dealer without disclosing in writing to the customer that the new vehicle would not be subject to chapter 19.118 RCW. This subsection also applies to leased vehicles. In addition, it is unlawful for any buyer's agent to fail to have a written agreement with the customer that: (a) Sets forth the terms of the parties' agreement; (b) discloses to the customer the total amount of any fees or other compensation being paid by the customer to the buyer's agent for the agent's services; and (c) further discloses whether the fee or any portion of the fee is refundable.
(14) Being a manufacturer, other than a motorcycle manufacturer governed by chapter 46.93 RCW, to:
(a) Coerce or attempt to coerce any vehicle dealer to order or accept delivery of any vehicle or vehicles, parts or accessories, or any other commodities which have not been voluntarily ordered by the vehicle dealer: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute coercion;
(b) Cancel or fail to renew the franchise or selling agreement of any vehicle dealer doing business in this state without fairly compensating the dealer at a fair going business value for his or her capital investment which shall include but not be limited to tools, equipment, and parts inventory possessed by the dealer on the day he or she is notified of such cancellation or termination and which are still within the dealer's possession on the day the cancellation or termination is effective, if: (i) The capital investment has been entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and (ii) the cancellation or nonrenewal was not done in good faith. Good faith is defined as the duty of each party to any franchise to act in a fair and equitable manner towards each other, so as to guarantee one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute a lack of good faith;
(c) Encourage, aid, abet, or teach a vehicle dealer to sell or lease vehicles through any false, deceptive, or misleading sales or financing practices including but not limited to those practices declared unlawful in this section;
(d) Coerce or attempt to coerce a vehicle dealer to engage in any practice forbidden in this section by either threats of actual cancellation or failure to renew the dealer's franchise agreement;
(e) Refuse to deliver any vehicle publicly advertised for immediate delivery to any duly licensed vehicle dealer having a franchise or contractual agreement for the retail sale or lease of new and unused vehicles sold or distributed by such manufacturer within sixty days after such dealer's order has been received in writing unless caused by inability to deliver because of shortage or curtailment of material, labor, transportation, or utility services, or by any labor or production difficulty, or by any cause beyond the reasonable control of the manufacturer;
(f) To provide under the terms of any warranty that a purchaser or lessee of any new or unused vehicle that has been sold or leased, distributed for sale or lease, or transferred into this state for resale or lease by the vehicle manufacturer may only make any warranty claim on any item included as an integral part of the vehicle against the manufacturer of that item.
Nothing in this section may be construed to impair the obligations of a contract or to prevent a manufacturer, distributor, representative, or any other person, whether or not licensed under this chapter, from requiring performance of a written contract entered into with any licensee hereunder, nor does the requirement of such performance constitute a violation of any of the provisions of this section if any such contract or the terms thereof requiring performance, have been freely entered into and executed between the contracting parties. This paragraph and subsection (14)(b) of this section do not apply to new motor vehicle manufacturers governed by chapter 46.96 RCW.
(15) Unlawful transfer of an ownership interest in a motor vehicle as defined in RCW 19.116.050.
(16) To knowingly and intentionally engage in collusion with a registered owner of a vehicle to repossess and return or resell the vehicle to the registered owner in an attempt to avoid a suspended license impound under chapter 46.55 RCW. However, compliance with chapter 62A.9A RCW in repossessing, selling, leasing, or otherwise disposing of the vehicle, including providing redemption rights to the debtor, is not a violation of this section.
(17)(a) For a dealer to enter into a new motor vehicle sales contract without disclosing in writing to a buyer of the new motor vehicle, or to a dealer in the case of an unregistered motor vehicle, any known damage and repair to the new motor vehicle if the damage exceeds five percent of the manufacturer's suggested retail price as calculated at the dealer's authorized warranty rate for labor and parts, or $1,000, whichever amount is greater. A manufacturer or new motor vehicle dealer is not required to disclose to a dealer or buyer that glass, tires, bumpers, or cosmetic parts of a new motor vehicle were damaged at any time if the damaged item has been replaced with original or comparable equipment. A replaced part is not part of the cumulative damage required to be disclosed under this subsection.
(b) A manufacturer is required to provide the same disclosure to a dealer of any known damage or repair as required in (a) of this subsection.
(c) If disclosure of any known damage or repair is not required under this section, a buyer may not revoke or rescind a sales contract due to the fact that the new motor vehicle was damaged and repaired before completion of the sale.
(d) As used in this section:
(i) "Cosmetic parts" means parts that are attached by and can be replaced in total through the use of screws, bolts, or other fasteners without the use of welding or thermal cutting, and includes windshields, bumpers, hoods, or trim panels.
(ii) "Manufacturer's suggested retail price" means the retail price of the new motor vehicle suggested by the manufacturer, and includes the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery to the new motor vehicle dealer that is not included within the retail price suggested by the manufacturer for the new motor vehicle.
[ 2022 c 182 s 211; 2017 c 41 s 1; 2012 c 74 s 8; 2010 c 161 s 1136. Prior: 2009 c 123 s 1; 2009 c 49 s 1; 2007 c 155 s 2; 2006 c 289 s 1; 2003 c 368 s 1; prior: 2001 c 272 s 10; 2001 c 64 s 9; 1999 c 398 s 10; 1997 c 153 s 1; 1996 c 194 s 3; 1995 c 256 s 26; 1994 c 284 s 13; 1993 c 175 s 3; 1990 c 44 s 14; 1989 c 415 s 20; 1986 c 241 s 18; 1985 c 472 s 13; 1981 c 152 s 6; 1977 ex.s. c 125 s 4; 1973 1st ex.s. c 132 s 18; 1969 c 112 s 1; 1967 ex.s. c 74 s 16.]
Notes:
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.
Effective date—2012 c 74 ss 1-12: See note following RCW 46.17.100.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2007 c 155: See note following RCW 46.16A.300.
Prospective application—2006 c 289: "This act applies prospectively only and not retroactively. It applies only to causes of action that arise (if change is substantive) or that are commenced (if change is procedural) on or after June 7, 2006." [ 2006 c 289 s 2.]
Effective date—1994 c 284: See RCW 43.22A.901.
Certificate of title—Failure to transfer within specified time: RCW 46.12.650.
Glass—Limited windows—Vehicle sale requirements: RCW 46.37.430.
Odometers—Disconnecting, resetting, turning back, replacing without notifying purchaser: RCW 46.37.540 through 46.37.570.
Tires—Vehicle sale requirements: RCW 46.37.425.

catchline: Unlawful acts and practices.


doc_type: statute

jurisdiction: wa

title: RCW 46.70.183

text:
Any vehicle dealer or manufacturer, by or against whom a petition in bankruptcy has been filed, shall, within ten days of the filing, notify the department of the proceedings in bankruptcy, including the identity and location of the court in which the proceedings are pending.
[ 1981 c 152 s 7.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Notice of bankruptcy proceedings.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 46.70.190

text:
Any person who is injured in his or her business or property by a violation of this chapter, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in the superior court to enjoin further violations, to recover the actual damages sustained by him or her together with the costs of the suit, including a reasonable attorney's fee.
If a new motor vehicle dealer recovers a judgment or has a claim dismissed with prejudice against a manufacturer under RCW 46.96.040 or 46.96.050(3) or this section, the new motor vehicle dealer is precluded from pursuing that same claim or recovering judgment for that same claim against the same manufacturer under the federal Automobile Dealer Franchise Act, 15 U.S.C. Sections 1221 through 1225, but only to the extent that the damages recovered by or denied to the new motor vehicle dealer are the same as the damages being sought under the federal Automobile Dealer Franchise Act. Likewise, if a new motor vehicle dealer recovers a judgment or has a claim dismissed with prejudice against a manufacturer under the federal Automobile Dealer Franchise Act, the dealer is precluded from pursuing that same claim or recovering judgment for that same claim against the same manufacturer under this chapter, but only to the extent that the damages recovered by or denied to the dealer are the same as the damages being sought under this chapter.
A civil action brought in the superior court pursuant to the provisions of this section must be filed no later than one year following the alleged violation of this chapter.
[ 2010 c 8 s 9085; 1989 c 415 s 21; 1986 c 241 s 19; 1973 1st ex.s. c 132 s 19; 1967 ex.s. c 74 s 21.]

catchline: Civil actions for violations—Injunctions—Claims under Federal Automobile Dealer Franchise Act—Time limitation.


title: RCW 46.70.220

text:
The director may refer such evidence as may be available concerning violations of this chapter or of any rule or order hereunder to the attorney general or the proper prosecuting attorney, who may in his or her discretion, with or without such a reference, in addition to any other action they might commence, bring an action in the name of the state against any person to restrain and prevent the doing of any act or practice herein prohibited or declared unlawful: PROVIDED, That this chapter shall be considered in conjunction with chapters 9.04, 19.86, and 63.14 RCW and the powers and duties of the attorney general and the prosecuting attorney as they may appear in the aforementioned chapters, shall apply against all persons subject to this chapter: PROVIDED FURTHER, That any action to enforce a claim for civil damages under chapter 19.86 RCW shall be forever barred unless commenced within six years after the cause of action accrues.
[ 2010 c 8 s 9086; 1967 ex.s. c 74 s 19.]

catchline: Duties of attorney general and prosecuting attorneys to act on violations—Limitation of civil actions.


title: RCW 46.70.230

text:
In the enforcement of this chapter, the attorney general and/or any said prosecuting attorney may accept an assurance of compliance with the provisions of this chapter from any person deemed in violation hereof. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his or her principal place of business, or in Thurston county.
[ 2010 c 8 s 9087; 1967 ex.s. c 74 s 20.]

catchline: Duties of attorney general and prosecuting attorneys to act on violations—Assurance of compliance—Filing.


title: RCW 46.70.240

text:
Any person who violates the terms of any court order, or temporary or permanent injunction issued pursuant to this chapter, shall forfeit and pay a civil penalty of not more than twenty-five thousand dollars. For the purpose of this section the superior court issuing any injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the attorney general and/or the prosecuting attorney acting in the name of the state, or any person who pursuant to RCW 46.70.190 has secured the injunction violated, may petition for the recovery of civil penalties.
[ 1967 ex.s. c 74 s 22.]

catchline: Penalties—Jurisdiction.


title: RCW 46.70.250

text:
Personal service of any process in an action under this chapter may be made upon any person outside the state if such person has engaged in conduct in violation of this chapter which has had the impact in this state which this chapter reprehends. Such person shall be deemed to have thereby submitted himself or herself to the jurisdiction of the courts of this state within the meaning of RCW 4.28.180 and 4.28.185.
[ 2010 c 8 s 9088; 1967 ex.s. c 74 s 23.]

catchline: Personal service of process outside state.


title: RCW 46.70.260

text:
The provisions of this chapter shall be applicable to all franchises and contracts existing between vehicle dealers and manufacturers or factory branches and to all future franchises and contracts.
[ 1986 c 241 s 22; 1967 ex.s. c 74 s 24.]

catchline: Application of chapter to existing and future franchises and contracts.


title: RCW 46.70.270

text:
The provisions of this chapter shall be cumulative to existing laws: PROVIDED, That the violation of RCW 46.70.180 shall be construed as exclusively civil and not penal in nature.
[ 1967 ex.s. c 74 s 25.]

catchline: Provisions of chapter cumulative—Violation of RCW 46.70.180 deemed civil.


title: RCW 46.70.290

text:
The provisions of chapter 46.70 RCW shall apply to the distribution and sale of mobile homes and to mobile home dealers, distributors, manufacturers, factory representatives, or other persons engaged in such distribution and sale to the same extent as for motor vehicles.
[ 1993 c 307 s 10; 1971 ex.s. c 231 s 23.]
Notes:
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.

catchline: Mobile homes and persons engaged in distribution and sale.


title: RCW 46.70.300

text:
(1) The provisions of this chapter relating to the licensing and regulation of vehicle dealers and manufacturers shall be exclusive, and no county, city, or other political subdivision of this state shall enact any laws, rules, or regulations licensing or regulating vehicle dealers or manufacturers.
(2) This section shall not be construed to prevent a political subdivision of this state from levying a business and occupation tax upon vehicle dealers or manufacturers maintaining an office within that political subdivision if a business and occupation tax is levied by such a political subdivision upon other types of businesses within its boundaries.
[ 1993 c 307 s 11; 1981 c 152 s 2.]

catchline: Chapter exclusive—Local business and occupation tax not prevented.


title: RCW 46.70.310

text:
Any violation of this chapter is deemed to affect the public interest and constitutes a violation of chapter 19.86 RCW.
[ 1986 c 241 s 23.]

catchline: Consumer Protection Act.


title: RCW 46.70.320

text:
The regulation of buyers' agents is a matter affecting the public interest for the purpose of applying chapter 19.86 RCW. Activities of buyers' agents prohibited under RCW 46.70.180 (11), (12), or (13) are not reasonable in relation to the development and preservation of business. A violation of RCW 46.70.180 (11), (12), or (13) constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 19.86 RCW.
[ 1993 c 175 s 4.]

catchline: Buyer's agents.


title: RCW 46.70.330

text:
(1) A wholesale motor vehicle auction dealer may:
(a) Sell any classification of motor vehicle;
(b) Sell only to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state; or
(c) Sell a motor vehicle belonging to the United States government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the contracting public agency. However, a publicly owned "wrecked vehicle" as defined in RCW 46.80.010 may be sold to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state.
(2) If the wholesale motor vehicle auction dealer knows that a vehicle is a "wrecked vehicle" as defined by RCW 46.80.010, the dealer must disclose this fact on the bill of sale.
[ 1998 c 282 s 2.]

catchline: Wholesale motor vehicle auction dealers.


title: RCW 46.70.340

text:
(1)(a) Before the department may issue a temporary subagency license to a recreational vehicle dealer engaged in offering new or new and used recreational vehicles for sale at a recreational vehicle show, a recreational vehicle dealer of new or new and used recreational vehicles shall submit to the department a manufacturer's written authorization for the sale and specifying the dates of the show, the location of the show, and the identity of the manufacturer's brand or model names of the new or used recreational vehicles.
(b) The department may issue a temporary subagency license if the location of the show is within fifty miles of the recreational vehicle dealer's established place of business or permanent location. The department may issue a temporary subagency license for a show outside fifty miles of the recreational vehicle dealer's established place of business or permanent location only if the product represented is new and is within the factory designated sales territory for each brand of new recreational vehicles to be offered for sale, and only those specific brands of new recreational vehicles may be offered for sale under the terms of the temporary subagency license.
(2) Whenever three or fewer recreational vehicle dealers participate in a show under a temporary subagency license issued under this section, each recreational vehicle dealer shall conspicuously include all of the following information in all advertising and promotional materials designed to attract the public to attend the show:
(a) Each recreational vehicle dealer's business name and the location of the recreational vehicle dealer's established place of business must be printed in a size equivalent to the second largest type used in the advertisement and must be placed at the top of the advertisement; and
(b) The manufacturer's brand or model names of those new recreational vehicles being offered for sale; and
(c) If the recreational vehicles being offered for sale are used, the word "used" must immediately precede the identification of the brand name of the model or be immediately adjacent to the depiction of used vehicles.
(3) Notwithstanding other provisions of this chapter, no more than two temporary subagency licenses may be issued to a recreational vehicle dealer engaged in offering new or new and used recreational vehicles for sale for events with three or fewer recreational vehicle dealers participating, and no more than six temporary subagency licenses may be issued to a recreational vehicle dealer in any twelve-month period for events including four or more recreational vehicle dealers.
(4) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this section are not reasonable in relation to the development and preservation of business. A violation of this section is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 2006 c 364 s 2.]

catchline: Issuance of temporary subagency licenses for recreational vehicle shows.


title: RCW 46.70.350

text:
(1) A vehicle dealer shall, prior to the sale and transfer of a vehicle, offer the purchaser the option to have the dealer clearly and permanently mark the last eight digits of the originating vehicle's vehicle identification number on the vehicle's catalytic converter unless such marking already exists on the catalytic converter, the catalytic converter is not in a location where it is clearly visible and readily accessible to mark without the need to remove parts from the vehicle, or the vehicle is sold at wholesale. A clear and permanent mark applied by permanent marker is sufficient. The vehicle dealer may add a fee to the sale price for the marking if separately delineated and clearly marked.
(2) If a consumer elects not to have the vehicle dealer mark the vehicle's catalytic converter as provided in subsection (1) of this section, the vehicle dealer must provide the consumer a disclosure written in a typeface that is at least as large as the typeface used in the standard text of the document that contains the disclosure and that is boldfaced, capitalized, underlined, or otherwise set out from the surrounding material so as to be conspicuous that (a) the purchaser is knowingly purchasing the vehicle without clearly and permanently marking the catalytic converter prior to the sale and transfer of the vehicle; and (b) the purchaser acknowledges and understands that catalytic converters must be marked as provided in RCW 9A.82.180.
[ 2024 c 301 s 12.]
Notes:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.

catchline: Catalytic converters marking.


title: RCW 46.70.360

text:
(1) A manufacturer, distributor, or retailer of a motor vehicle is not liable for any loss, injury, or damages caused by the design, manufacture, installation, improper installation, use, or misuse of an intelligent speed assistance device. However, liability does exist if the manufacturer, distributor[,] or retailer knowingly engages in a repair or update to the intelligent speed assistance device and such repair or update proximately causes loss, injury, or damage.
(2) Nothing in this chapter requires a manufacturer, distributor, or retailer of a motor vehicle to manufacture, distribute, or offer for sale a motor vehicle that includes or is compatible with an intelligent speed assistance device.
(3) Nothing in this chapter prohibits a lessor or lienholder from requiring that a motor vehicle lessee or owner notify the lessor or lienholder that an intelligent speed assistance device has been installed on a motor vehicle that is subject to a lease or finance agreement.
[ 2025 c 228 s 10.]
Notes:
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.

catchline: Intelligent speed assistance device—Manufacturer, distributor, retailer not liable. (Effective January 1, 2029.)


title: RCW 46.70.900

text:
All provisions of this chapter shall be liberally construed to the end that deceptive practices or commission of fraud or misrepresentation in the sale, lease, barter, or disposition of vehicles in this state may be prohibited and prevented, and irresponsible, unreliable, or dishonest persons may be prevented from engaging in the business of selling, leasing, bartering, or otherwise dealing in vehicles in this state and reliable persons may be encouraged to engage in the business of selling, leasing, bartering and otherwise dealing in vehicles in this state: PROVIDED, That this chapter shall not apply to printers, publishers, or broadcasters who in good faith print, publish or broadcast material without knowledge of its deceptive character.
[ 2001 c 272 s 11; 1973 1st ex.s. c 132 s 20; 1967 ex.s. c 74 s 2.]

catchline: Liberal construction.


title: RCW 46.71.005

text:
The automotive repair industry supports good communication between auto repair facilities and their customers. The legislature recognizes that improved communications and accurate representations between automotive repair facilities and the customers will: Increase consumer confidence; reduce the likelihood of disputes arising; clarify repair facility lien interests; and promote fair and nondeceptive practices, thereby enhancing the safety and reliability of motor vehicles serviced by auto repair facilities in the state of Washington.
[ 1993 c 424 s 1.]
Notes:
Severability—1993 c 424: "If any provision of this act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the act and the applicability thereof to persons and circumstances shall not be affected thereby." [ 1993 c 424 s 15.]
Effective date—1993 c 424: "This act shall take effect January 1, 1994." [ 1993 c 424 s 18.]

catchline: Legislative recognition.


title: RCW 46.71.011

text:
For purposes of this chapter:
(1) An "aftermarket body part" or "nonoriginal equipment manufacturer body part" is an exterior body panel or nonstructural body component manufactured by someone other than the original equipment manufacturer and supplied through suppliers other than those in the manufacturer's normal distribution channels.
(2) "Automotive repair" includes but is not limited to:
(a) All repairs to vehicles subject to chapter 46.16A RCW that are commonly performed in a repair facility by a motor vehicle technician including the diagnosis, installation, exchange, or repair of mechanical or electrical parts or units for any vehicle, the performance of any electrical or mechanical adjustment to any vehicle, or the performance of any service work required for routine maintenance or repair of any vehicle. However, commercial fleet repair or maintenance transactions involving two or more vehicles or ongoing service or maintenance contracts involving vehicles used primarily for business purposes are not included;
(b) All work in facilities that perform one or more specialties within the automotive repair service industry including, but not limited to, body collision repair, refinishing, brake, electrical, exhaust repair or installation, frame, unibody, front-end, radiators, tires, transmission, tune-up, and windshield; and
(c) The removal, replacement, or repair of exterior body panels, the removal, replacement, or repair of structural and nonstructural body components, the removal, replacement, or repair of collision damaged suspension components, and the refinishing of automotive components.
(3) "Automotive repair facility" or "repair facility" means any person, firm, association, or corporation who for compensation engages in the business of automotive repair or diagnosis, or both, of malfunctions of motor vehicles subject to licensure under chapter 46.16A RCW and repair and refinishing auto-body collision damage as well as overall refinishing and cosmetic repairs.
(4) A "rebuilt" part consists of a used assembly that has been dismantled and inspected with only the defective parts being replaced.
(5) A "remanufactured" part consists of a used assembly that has been dismantled with the core parts being remachined and all other parts replaced with new parts so as to provide performance comparable to that found originally.
[ 2011 c 171 s 92; 1993 c 424 s 2.]
Notes:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.

catchline: Definitions.


title: RCW 46.71.015

text:
(1) Except as otherwise provided in RCW 46.71.025, all estimates that exceed one hundred dollars shall be in writing and include the following information: The date; the name, address, and telephone number of the repair facility; the name, address, and telephone number, if available, of the customer or the customer's designee; if the vehicle is delivered for repair, the year, make, and model of the vehicle, the vehicle license plate number or last eight digits of the vehicle identification number, and the odometer reading of the vehicle; a description of the problem reported by the customer or the specific repairs requested by the customer; and a choice of alternatives described in RCW 46.71.025.
(2) Whether or not a written estimate is required, parts and labor provided by an automotive repair facility shall be clearly and accurately recorded in writing on an invoice and shall include, in addition to the information listed in subsection (1) of this section, the following information: A description of the repair or maintenance services performed on the vehicle; a list of all parts supplied, identified by name and part number, if available, part kit description or recognized package or shop supplies, if any, and an indication whether the parts supplied are rebuilt, or used, if applicable or where collision repair is involved, aftermarket body parts or nonoriginal equipment manufacturer body parts, if applicable; the price per part charged, if any, and the total amount charged for all parts; the total amount charged for all labor, if any; and the total charge. Parts and labor do not need to be separately disclosed if pricing is expressed as an advertised special by the job, a predisclosed written repair menu item, or a routine service package.
(3) Notwithstanding subsection (2) of this section, if the repair work is performed under warranty or without charge to the customer, other than an applicable deductible, the repair facility shall provide either an itemized list of the parts supplied, or describe the service performed on the vehicle, but the repair facility is not required to provide any pricing information for parts or labor.
(4) A copy of the estimate, unless waived, shall be provided to the customer or customer's designee prior to providing parts or labor as required under RCW 46.71.025. A copy of the invoice shall be provided to the customer upon completion of the repairs.
(5) Only material omissions, under this section, are actionable in a court of law or equity.
[ 1993 c 424 s 3.]
Notes:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.


title: RCW 46.71.021

text:
Except for parts covered by a manufacturer's or other warranty or parts that must be returned to a distributor, remanufacturer, or rebuilder, the repair facility shall return replaced parts to the customer at the time the work is completed if the customer requested the parts at the time of authorization of the repair. If a customer at the time of authorization of the repair requests the return of a part that must be returned to the manufacturer, remanufacturer, distributor, recycler, or rebuilder, or must be disposed of as required by law, the repair facility shall offer to show the part to the customer. The repair facility need not show a replaced part if no charge is being made for the replacement part.
[ 1993 c 424 s 4.]
Notes:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.

catchline: Disposition of replaced parts.


title: RCW 46.71.025

text:
(1) Except as provided in subsections (3) and (4) of this section, a repair facility prior to providing parts or labor shall provide the customer or the customer's designee with a written price estimate of the total cost of the repair, including parts and labor, or where collision repair is involved, aftermarket body parts or nonoriginal equipment manufacturer body parts, if applicable, or offer the following alternatives:
"YOU ARE ENTITLED TO A WRITTEN PRICE ESTIMATE FOR THE REPAIRS YOU HAVE AUTHORIZED. YOU ARE ALSO ENTITLED TO REQUIRE THE REPAIR FACILITY TO OBTAIN YOUR ORAL OR WRITTEN AUTHORIZATION TO EXCEED THE WRITTEN PRICE ESTIMATE. YOUR SIGNATURE OR INITIALS WILL INDICATE YOUR SELECTION.
1. I request an estimate in writing before you begin repairs. Contact me if the price will exceed this estimate by more than ten percent.
2. Proceed with repairs but contact me if the price will exceed $. . . . . .
3. I do not want a written estimate.
. . . . . . . . . . . . . (Initial or signature)
Date: . . . . . . . . Time: . . . . . . . ."
(2) The repair facility may not charge the customer more than one hundred ten percent, exclusive of retail sales tax, of the total shown on the written price estimate. Neither of these limitations apply if, before providing additional parts or labor the repair facility obtains either the oral or written authorization of the customer, or the customer's designee, to exceed the written price estimate. The repair facility or its representative shall note on the estimate the date and time of obtaining an oral authorization, the additional parts and labor required, the estimated cost of the additional parts and labor, or where collision repair is involved, aftermarket body parts or nonoriginal equipment manufacturer body parts, if applicable, the name or identification number of the employee who obtains the authorization, and the name and telephone number of the person authorizing the additional costs.
(3) A written estimate shall not be required when the customer's motor vehicle or component has been brought to an automotive repair facility's regular place of business without face-to-face contact between the customer and the repair facility. Face-to-face contact means actual in-person discussion between the customer or his or her designee and the agent or employee of the automotive repair facility authorized to intake vehicles or components. However, prior to providing parts and labor, the repair facility must obtain either the oral or written authorization of the customer or the customer's designee. The repair facility or its representative shall note on the estimate or repair order the date and time of obtaining an oral authorization, the total amount authorized, the name or identification number of the employee who obtains the authorization, and the name of the person authorizing the repairs.
(4)(a) A written estimate is not required for the repair of any vehicle that:
(i) Qualifies for a horseless carriage license plate as defined in RCW 46.04.199 or a collector vehicle license plate as defined in RCW 46.04.1261;
(ii) Is a street rod vehicle as defined in RCW 46.04.572 or a custom vehicle as defined in RCW 46.04.161; or
(iii) Is a parts car, which, for the purposes of this section, means a motor vehicle that is owned by a collector to furnish parts for restoration or maintenance of a vehicle described in RCW 46.18.220(1) or 46.18.255(1), thus enabling a collector to preserve, restore, and maintain such a vehicle.
(b) This subsection does not prohibit a customer seeking repair services for one of the vehicles listed under this subsection from requesting a written estimate, which may be provided at the discretion of the agent or employee of the automotive repair facility, and in which case the repair facility shall provide notification and documentation advising the customer that the requested repairs will be furnished on a time and materials basis, to be billed at least every two weeks.
[ 2012 c 27 s 1; 1993 c 424 s 5.]
Notes:
Effective date—2012 c 27: "This act takes effect January 1, 2013." [ 2012 c 27 s 2.]
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.

catchline: Written estimate required—Alternatives—Authorization to exceed—Exceptions.


title: RCW 46.71.031

text:
An automotive repair facility shall post in a prominent place on the business premises one or more signs, readily visible to customers, in the following form:
"YOUR CUSTOMER RIGHTS
YOU ARE ENTITLED BY LAW TO:
1.
A WRITTEN ESTIMATE FOR REPAIRS WHICH WILL COST MORE THAN ONE HUNDRED DOLLARS, UNLESS WAIVED OR ABSENT FACE-TO-FACE CONTACT (SEE ITEM 4 BELOW);
2.
RETURN OR INSPECTION OF ALL REPLACED PARTS, IF REQUESTED AT TIME OF REPAIR AUTHORIZATION;
3.
AUTHORIZE ORALLY OR IN WRITING ANY REPAIRS WHICH EXCEED THE ESTIMATED TOTAL PRESALES TAX COST BY MORE THAN TEN PERCENT;
4.
AUTHORIZE ANY REPAIRS ORALLY OR IN WRITING IF YOUR VEHICLE IS LEFT WITH THE REPAIR FACILITY WITHOUT FACE-TO-FACE CONTACT BETWEEN YOU AND THE REPAIR FACILITY PERSONNEL.
IF YOU HAVE AUTHORIZED A REPAIR IN ACCORDANCE WITH THE ABOVE INFORMATION YOU ARE REQUIRED TO PAY FOR THE COSTS OF THE REPAIR PRIOR TO TAKING THE VEHICLE FROM THE PREMISES."
The first line of each sign shall be in letters not less than one and one-half inch in height and the remaining lines shall be in letters not less than one-half inch in height.
[ 1993 c 424 s 6.]
Notes:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.

catchline: Required signs.


title: RCW 46.71.035

text:
An automotive repair facility that fails to comply with the estimate requirements of RCW 46.71.025 is barred from recovering in an action to recover for automotive repairs any amount in excess of one hundred ten percent of the amount authorized by the customer, or the customer's designee, unless the repair facility proves by a preponderance of the evidence that its conduct was reasonable, necessary, and justified under the circumstances. In an action to recover for automotive repairs the prevailing party may, at the discretion of the court, recover the costs of the action and reasonable attorneys' fees.
[ 1993 c 424 s 7.]
Notes:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.

catchline: Failure to comply with estimate requirements.


title: RCW 46.71.041

text:
A repair facility that fails to comply with RCW 46.71.021, 46.71.025, or 46.71.031 is barred from asserting a possessory or chattel lien for the amount of the unauthorized parts or labor upon the motor vehicle or component.
[ 1993 c 424 s 8.]
Notes:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.

catchline: Liens barred for failure to comply.


title: RCW 46.71.045

text:
Each of the following acts or practices are unlawful:
(1) Advertising that is false, deceptive, or misleading. A single or isolated media mistake does not constitute a false, deceptive, or misleading statement or misrepresentation under this section;
(2) Materially understating or misstating the estimated price for a specified repair procedure;
(3) Retaining payment from a customer for parts not delivered or installed or a labor operation or repair procedure that has not actually been performed;
(4) Unauthorized operation of a customer's vehicle for purposes not related to repair or diagnosis;
(5) Failing or refusing to provide a customer, upon request, a copy, at no charge, of any document signed by the customer;
(6) Retaining duplicative payment from both the customer and the warranty or extended service contract provider for the same covered component, part, or labor;
(7) Charging a customer for unnecessary repairs. For purposes of this subsection "unnecessary repairs" means those for which there is no reasonable basis for performing the service. A reasonable basis includes, but is not limited to: (a) That the repair service is consistent with specifications established by law or the manufacturer of the motor vehicle, component, or part; (b) that the repair is in accordance with accepted industry standards; or (c) that the repair was performed at the specific request of the customer.
[ 1993 c 424 s 9.]
Notes:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.

catchline: Unlawful acts or practices.


title: RCW 46.71.051

text:
The repair facility shall make available, upon request, a copy of any express warranty provided by the repair facility to the customer that covers repairs performed on the vehicle.
[ 1993 c 424 s 10.]
Notes:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.

catchline: Copy of warranty.


title: RCW 46.71.060

text:
Every automotive repair facility shall retain and make available for inspection, upon request by the customer or the customer's authorized representative, true copies of the written price estimates and invoices required under this chapter for at least one year after the date on which the repairs were performed. Such copies may be maintained as electronic records and not as hard copies as long as the repair facility is capable of printing the records in hard copy upon request of the customer or the customer's authorized representative.
[ 2016 sp.s. c 16 s 2; 1993 c 424 s 11; 1982 c 62 s 7; 1977 ex.s. c 280 s 6.]
Notes:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.

catchline: Retention of price estimates and invoices.


title: RCW 46.71.070

text:
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. In an action under chapter 19.86 RCW due to an automotive repair facility's charging a customer an amount in excess of one hundred ten percent of the amount authorized by the customer, a violation shall not be found if the automotive repair facility proves by a preponderance of the evidence that its conduct was reasonable, necessary, and justified under the circumstances.
Notwithstanding RCW 46.64.050, no violation of this chapter shall give rise to criminal liability under that section.
[ 1993 c 424 s 12; 1982 c 62 s 9; 1977 ex.s. c 280 s 7.]
Notes:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.

catchline: Consumer Protection Act—Defense.


title: RCW 46.71.080

text:
Whenever a vehicle license renewal form under RCW 46.16A.110 is given to the registered owner of any vehicle, the department of licensing shall give to the owner written notice of the provisions of this chapter in a manner prescribed by the director of licensing.
[ 2011 c 171 s 93; 1982 c 62 s 10.]
Notes:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.

catchline: Notice of chapter to vehicle owners.


title: RCW 46.71.090

text:
When the department of revenue issues a registration certificate under RCW 82.32.030 to an automotive repair facility, it must give written notice to the person of the requirements of this chapter in a manner prescribed by the director of revenue, including by electronic means. The department of revenue must also post information about the requirements of this chapter on its public website.
[ 2015 c 86 s 201; 1993 c 424 s 13; 1982 c 62 s 11.]
Notes:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.

catchline: Notice of chapter to repair facilities.


title: RCW 46.71.100

text:
Any automotive repair facility may apply for a transporter's license under chapter 46.76 RCW for the purpose of evaluating vehicles in need of repair, or that have been repaired, on the public roads of this state.
[ 2018 c 16 s 5.]

catchline: Transporter's license allowed.


title: RCW 46.72.001

text:
The legislature finds and declares that privately operated for hire transportation service is a vital part of the transportation system within the state. Consequently, the safety, reliability, and stability of privately operated for hire transportation services are matters of statewide importance. The regulation of privately operated for hire transportation services is thus an essential governmental function. Therefore, it is the intent of the legislature to permit political subdivisions of the state to regulate for hire transportation services without liability under federal antitrust laws.
[ 1996 c 87 s 17.]

catchline: Finding and intent.


title: RCW 46.72.010

text:
When used in this chapter:
(1) The term "for hire vehicle" includes all vehicles used for the transportation of passengers for compensation, except auto stages, school buses operating exclusively under a contract to a school district, ride-sharing vehicles under chapter 46.74 RCW, limousine carriers licensed under chapter 46.72A RCW, vehicles used by nonprofit transportation providers for persons who are aging or persons with a disability and their attendants under chapter 81.66 RCW, vehicles used by auto transportation companies licensed under chapter 81.68 RCW, vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, and rental offices, and vehicles used by charter party carriers of passengers and excursion service carriers licensed under chapter 81.70 RCW;
(2) The term "for hire operator" means and includes any person, concern, or entity engaged in the transportation of passengers for compensation in for hire vehicles.
[ 2020 c 274 s 28; 1996 c 87 s 18; 1991 c 99 s 1; 1979 c 111 s 14; 1961 c 12 s 46.72.010. Prior: 1947 c 253 s 1; Rem. Supp. 1947 s 6386-1. Formerly RCW 81.72.010.]
Notes:
Severability—1979 c 111: See note following RCW 46.74.010.


title: RCW 46.72.020

text:
No for hire operator shall cause operation of a for hire vehicle upon any highway of this state without first obtaining a permit from the director of licensing, except for those for hire operators regulated by cities or counties in accordance with chapter 81.72 RCW. Application for a permit shall be made on forms provided by the director and shall include (1) the name and address of the owner or owners, and if a corporation, the names and addresses of the principal officers thereof; (2) city, town or locality in which any vehicle will be operated; (3) name and motor number of any vehicle to be operated; (4) the endorsement of a city official authorizing an operator under a law or ordinance requiring a license; and (5) such other information as the director may require.
[ 1992 c 114 s 1; 1979 c 158 s 188; 1967 c 32 s 80; 1961 c 12 s 46.72.020. Prior: 1947 c 253 s 2; Rem. Supp. 1947 s 6386-2; prior: 1915 c 57 s 1; RRS s 6382. Formerly RCW 81.72.020.]

catchline: Permit required—Form of application.


title: RCW 46.72.030

text:
Application for a permit shall be forwarded to the director with a fee. Upon receipt of such application and fee, the director shall, if such application be in proper form, issue a permit authorizing the applicant to operate for hire vehicles upon the highways of this state until such owner ceases to do business as such, or until the permit is suspended or revoked. Such permit shall be displayed in a conspicuous place in the principal place of business of the owner.
[ 1992 c 114 s 2; 1967 c 32 s 81; 1961 c 12 s 46.72.030. Prior: 1947 c 253 s 3; Rem. Supp. 1947 s 6386-3; prior: 1933 c 73 s 1, part; 1915 c 57 s 2, part; RRS s 6383, part. Formerly RCW 81.72.030.]

catchline: Permit fee—Issuance—Display.


title: RCW 46.72.039

text:
RCW 46.72.040 and 46.72.050 do not apply to personal vehicles under chapter 48.177 RCW.
[ 2015 c 236 s 3.]

catchline: Personal vehicles under chapter 48.177 RCW.


title: RCW 46.72.040

text:
Before a permit is issued every for hire operator shall be required to deposit and thereafter keep on file with the director a surety bond running to the state of Washington covering each and every for hire vehicle as may be owned or leased by him or her and used in the conduct of his or her business as a for hire operator. Such bond shall be in the sum of one hundred thousand dollars for any recovery for death or personal injury by one person, and three hundred thousand dollars for all persons killed or receiving personal injury by reason of one act of negligence, and twenty-five thousand dollars for damage to property of any person other than the assured, with a good and sufficient surety company licensed to do business in this state as surety and to be approved by the director, conditioned for the faithful compliance by the principal of said bond with the provisions of this chapter, and to pay all damages which may be sustained by any person injured by reason of any careless negligence or unlawful act on the part of said principal, his or her agents or employees in the conduct of said business or in the operation of any motor propelled vehicle used in transporting passengers for compensation on any public highway of this state.
[ 2010 c 8 s 9089; 1973 c 15 s 1; 1967 c 32 s 82; 1961 c 12 s 46.72.040. Prior: 1947 c 253 s 4; Rem. Supp. 1947 s 6386-4; prior: 1933 c 73 s 1, part; 1915 c 57 s 2, part; RRS s 6383, part. Formerly RCW 81.72.040.]

catchline: Surety bond.


title: RCW 46.72.050

text:
In lieu of the surety bond as provided in this chapter, there may be deposited and kept on file and in force with the director a public liability insurance policy covering each and every motor vehicle operated or intended to be so operated, executed by an insurance company licensed and authorized to write such insurance policies in the state of Washington, assuring the applicant for a permit against property damage and personal liability to the public, with the premiums paid and payment noted thereon. Said policy of insurance shall provide a minimum coverage equal and identical to the coverage required by the aforesaid surety bond, specified under the provisions of RCW 46.72.040. No provisions of this chapter shall be construed to limit the right of any injured person to any private right of action against a for hire operator as herein defined.
[ 1973 c 15 s 2; 1967 c 32 s 83; 1961 c 12 s 46.72.050. Prior: 1947 c 253 s 5; Rem. Supp. 1947 s 6386-5. Formerly RCW 81.72.050.]

catchline: Liability coverage—Right of action saved.


title: RCW 46.72.060

text:
Every person having a cause of action for damages against any person, firm, or corporation receiving a permit under the provisions of this chapter, for injury, damages, or wrongful death caused by any careless, negligent, or unlawful act of any such person, firm, or corporation or his or her or its agents or employees in conducting or carrying on said business or in operating any motor propelled vehicle for the carrying and transporting of passengers on any public street, road, or highway shall have a cause of action against the principal and surety upon the bond or the insurance company and the insured for all damages sustained, and in any such action the full amount of damages sustained may be recovered against the principal, but the recovery against the surety shall be limited to the amount of the bond.
[ 2010 c 161 s 1137; 2010 c 8 s 9090, 1961 c 12 s 46.72.060. Prior: 1947 c 253 s 6; Rem. Supp. 1947 s 6386-6; prior: 1929 c 27 s 1; 1927 c 161 s 1; 1915 c 57 s 3; RRS s 6384. Formerly RCW 81.72.060.]
Notes:
Reviser's note: This section was amended by 2010 c 8 s 9090 and by 2010 c 161 s 1137, 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).
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.

catchline: Right of action—Limitation of recovery.


title: RCW 46.72.070

text:
The director shall approve and file all bonds and policies of insurance. The director shall, upon receipt of fees and after approving the bond or policy, furnish the owner with an appropriate certificate which must be carried in a conspicuous place in the vehicle at all times during for hire operation. A for hire operator shall secure a certificate for each for hire vehicle operated and pay therefor a fee for each vehicle so registered. Such permit or certificate shall expire on June 30th of each year, and may be annually renewed upon payment of a fee.
[ 1992 c 114 s 3; 1967 c 32 s 84; 1961 c 12 s 46.72.070. Prior: 1947 c 253 s 7; Rem. Supp. 1947 s 6386-7. Formerly RCW 81.72.070.]

catchline: Certificate—Fee.


title: RCW 46.72.080

text:
In the event the owner substitutes a policy or bond after a for hire certificate has been issued, a new certificate shall be issued to the owner. The owner shall submit the substituted bond or policy to the director for approval, together with a fee. If the director approves the substituted policy or bond, a new certificate shall be issued. In the event any certificate has been lost, destroyed or stolen, a duplicate thereof may be obtained by filing an affidavit of loss and paying a fee.
[ 1992 c 114 s 4; 1967 c 32 s 85; 1961 c 12 s 46.72.080. Prior: 1947 c 253 s 8; Rem. Supp. 1947 s 6386-8. Formerly RCW 81.72.080.]

catchline: Substitution of security—New certificate.


title: RCW 46.72.100

text:
(1) In addition to the unprofessional conduct specified in RCW 18.235.130, the director may take disciplinary action if he or she has good reason to believe that one of the following is true of the operator or the applicant for a permit or certificate: (a) He or she is guilty of committing two or more offenses for which mandatory revocation of driver's license is provided by law; (b) he or she has been convicted of vehicular homicide or vehicular assault; (c) he or she is intemperate or addicted to the use of narcotics.
(2) Any for hire operator who operates a for hire vehicle without first having filed a bond or insurance policy and having received a for hire permit and a for hire certificate as required by this chapter is guilty of a gross misdemeanor, and upon conviction shall be punished by imprisonment in jail for a period not exceeding ninety days or a fine of not exceeding five hundred dollars, or both fine and imprisonment.
[ 2003 c 53 s 250; 2002 c 86 s 293; 1983 c 164 s 8; 1967 c 32 s 86; 1961 c 12 s 46.72.100. Prior: 1947 c 253 s 9; Rem. Supp. 1947 s 6386-9; prior: 1915 c 57 s 4; RRS s 6385. Formerly RCW 81.72.100.]
Notes:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.


title: RCW 46.72.110

text:
All fees received by the director under the provisions of this chapter must be transmitted by him or her, together with a proper identifying report, to the state treasurer to be deposited by the state treasurer in the highway safety fund. Appropriations from the highway safety fund will support expenses incurred in carrying out the licensing and regulatory activities of this chapter.
[ 2011 c 298 s 27; 2010 c 8 s 9091; 1967 c 32 s 87; 1961 c 12 s 46.72.110. Prior: 1947 c 253 s 10; Rem. Supp. 1947 s 6386-10. Formerly RCW 81.72.110.]
Notes:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.

catchline: Fees to highway safety fund.


title: RCW 46.72.120

text:
The director is empowered to make and enforce such rules and regulations, including the setting of fees, as may be consistent with and necessary to carry out the provisions of this chapter.
[ 1992 c 114 s 5; 1967 c 32 s 88; 1961 c 12 s 46.72.120. Prior: 1947 c 253 s 11; Rem. Supp. 1947 s 6386-11. Formerly RCW 81.72.120.]

catchline: Rules.


title: RCW 46.72.130

text:
No operator of a taxicab licensed or possessing a permit in another state to transport passengers for hire, and principally engaged as a for hire operator in another state, shall cause the operation of a taxicab upon any highway of this state without first obtaining an annual permit from the director upon an application accompanied with an annual fee for each taxicab. The issuance of a permit shall be further conditioned upon compliance with this chapter.
[ 1992 c 114 s 6; 1967 c 32 s 89; 1961 c 12 s 46.72.130. Prior: 1953 c 12 s 1; 1951 c 219 s 1. Formerly RCW 81.72.130.]


title: RCW 46.72.140

text:
All law enforcement officers shall refuse every taxicab entry into this state which does not have a certificate from the director on the vehicle.
[ 1967 c 32 s 90; 1961 c 12 s 46.72.140. Prior: 1951 c 219 s 2. Formerly RCW 81.72.140.]

catchline: Nonresident taxicabs—Permit required for entry.


title: RCW 46.72.150

text:
RCW 46.72.130 and 46.72.140 shall be inoperative to operators of taxicabs residing and licensed in any state which allows Washington operators of taxicabs to use such state's highways free from such regulations.
[ 1961 c 12 s 46.72.150. Prior: 1951 c 219 s 3. Formerly RCW 81.72.150.]

catchline: Nonresident taxicabs—Reciprocity.


title: RCW 46.72.160

text:
Cities, counties, and port districts may license, control, and regulate all for hire vehicles operating within their respective jurisdictions. The power to regulate includes:
(1) Regulating entry into the business of providing for hire vehicle transportation services;
(2) Requiring a license to be purchased as a condition of operating a for hire vehicle and the right to revoke, cancel, or refuse to reissue a license for failure to comply with regulatory requirements;
(3) Controlling the rates charged for providing for hire vehicle transportation service and the manner in which rates are calculated and collected;
(4) Regulating the routes and operations of for hire vehicles, including restricting access to airports;
(5) Establishing safety and equipment requirements; and
(6) Any other requirements adopted to ensure safe and reliable for hire vehicle transportation service.
[ 1996 c 87 s 19.]

catchline: Local regulation.


title: RCW 46.72.170

text:
The department, a city, county, or port district may enter into cooperative agreements with any other city, town, county, or port district for the joint regulation of for hire vehicles. Cooperative agreements may provide for, but are not limited to, the granting, revocation, and suspension of joint for hire vehicle licenses.
[ 1996 c 87 s 20.]

catchline: Joint regulation.


title: RCW 46.72.180

text:
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 s 294.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Uniform regulation of business and professions act.


title: RCW 46.72A.010

text:
The legislature finds and declares that privately operated limousine transportation service is a vital part of the transportation system within the state and provides prearranged transportation services to state residents, tourists, and out-of-state business people. Consequently, the safety, reliability, and stability of privately operated limousine transportation services are matters of statewide importance. The regulation of privately operated limousine transportation services is thus an essential governmental function. Therefore, it is the intent of the legislature to permit the department and a port district in a county with a population of one million or more to regulate limousine transportation services without liability under federal antitrust laws. It is further the intent of the legislature to authorize a city with a population of five hundred thousand or more to enforce this chapter through a joint agreement with the department, and to direct the department to provide annual funding from limousine regulation-related fees that provide sufficient funds to such a city to provide delegated enforcement.
[ 2011 c 374 s 1; 1996 c 87 s 4.]
Notes:
Effective date—2011 c 374 ss 1-12: "Sections 1 through 12 of this act take effect January 1, 2012." [ 2011 c 374 s 15.]
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
Transfer of powers, duties, and functions—1996 c 87: "(1) All powers, duties, and functions of the utilities and transportation commission pertaining to the regulation of limousines and limousine charter party carriers are transferred to the department of licensing. All references to the utilities and transportation commission in the Revised Code of Washington shall be construed to mean the director or the department of licensing when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of licensing. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the department of licensing. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of licensing.
(b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall, on June 6, 1996, be transferred and credited to the department of licensing.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of licensing. All existing contracts and obligations shall remain in full force and shall be performed by the department of licensing.
(4) The transfer of the powers, duties, and functions of the utilities and transportation commission shall not affect the validity of any act performed before June 6, 1996.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification." [ 1996 c 87 s 22.]


title: RCW 46.72A.020

text:
(1) Contact by a customer or customer's agent to engage the services of a carrier's limousine must be initiated by a customer or customer's agent at a time and place different from the customer's time and place of departure. The fare for service must be agreed upon prior to departure. Under no circumstances may customers or customers' agents make arrangements to immediately engage the services of a carrier's limousine with the chauffeur, even if the chauffeur is an owner or officer of the company, with the single exception of stand-hail limousines only at a facility owned and operated by a port district in a county with a population of one million or more that are licensed and restricted by the rules and policies set forth by the port district.
(2) At the time of the conduct of the commercial limousine business, the chauffeur of a limousine and the limousine carrier business must possess written or electronic records substantiating the prearrangement of the carrier's services for any customer carried for compensation, except for vehicles meeting the requirements of the exception for stand-hail limousines described in subsection (1) of this section. Limousine carriers and limousine chauffeurs operating as an independent business must list a physical address on their business license issued under chapter 19.02 RCW where records substantiating the prearrangement of the carrier's services may be reviewed by an enforcement officer. A limousine carrier must retain these records for a minimum of one calendar year, and failure to do so is a class 3 civil infraction against the carrier for each record that is missing or fails to include all of the information described in rules adopted under subsection (4) of this section.
(3) Limousine carriers and limousine chauffeurs operating as an independent business must list a telephone or pager number that is used to prearrange the carrier's services for any customer carried for compensation.
(4) The department must adopt rules specifying the content and retention schedule of the records required for compliance with subsection (2) of this section.
(5) The failure of a chauffeur who is operating a limousine to immediately provide, on demand by an enforcement officer, written or electronic records required by the department substantiating the prearrangement of the carrier's services for any customer carried for compensation, except for limousines meeting the requirements of the exception for stand-hail limousines described in subsection (1) of this section, is a class 2 civil infraction and is subject to monetary penalties under RCW 7.80.120. It is a class 1 civil infraction for a repeat offense under this subsection during the same calendar year.
(6) The department must define by rule conditions under which a chauffeur is considered to be operating a limousine, including when the limousine is parked in a designated passenger load zone.
[ 2013 c 144 s 40; 2011 c 374 s 2; 1996 c 87 s 5.]
Notes:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.

catchline: Engagement of and fares for carrier services—Service records—Carrier information—Penalties—Rules.


title: RCW 46.72A.030

text:
(1) The department, in conjunction with the Washington state patrol, shall regulate limousine carriers with respect to entry, safety of equipment, chauffeur qualifications, and operations. The department shall adopt rules and require such reports as are necessary to carry out this chapter. The department may develop penalties for failure to comply with this section.
(2) In addition, a port district in a county with a population of one million or more may regulate limousine carriers with respect to entry, safety of equipment, chauffeur qualifications, and operations. The county in which the port district is located may adopt ordinances and rules to assist the port district in enforcement of limousine regulations only at port facilities. In no event may this be construed to grant the county the authority to regulate limousines within its jurisdiction. The port district may not set limousine rates, but the limousine carriers shall file their rates and schedules with the port district if requested.
(3) The department, a port district in a county with a population of at least one million, or a county in which the port district is located may enter into cooperative agreements for the joint regulation of limousines.
(4) The department and a city with a population of five hundred thousand or more may enter into cooperative agreements as provided in RCW 46.72A.150, subject to the limitations set forth in RCW 46.72A.130.
(5) The Washington state patrol shall annually conduct a vehicle inspection of each limousine licensed under this chapter, except when a port district, or a city with a population of five hundred thousand or more, enforces limousine carrier regulations under subsection (2) or (4) of this section, that port district or county in which the port district is located, or a city with a population of five hundred thousand or more, may conduct the annual limousine vehicle inspection and random limousine vehicle inspections in conjunction with limousine regulation enforcement activities, provided that the inspection criteria and fees are substantially the same regardless of the authority conducting the inspection. Random limousine vehicle inspections may not be conducted while the limousine contains customers. The state patrol, the city, or the port district conducting the annual limousine vehicle inspection may impose an annual vehicle inspection fee and reinspection fee. A carrier must pay a reinspection fee if a limousine fails inspection for compliance with vehicle standards and is reinspected. If the limousine passes the first reinspection within thirty days of failing the original inspection, all of the reinspection fee must be refunded to the carrier. However, refunds are not available for subsequent reinspections. While a limousine is licensed by the department for commercial limousine use, failure to comply with vehicle inspection standards, established by the department by rule, is a class 3 civil infraction against the carrier, with monetary penalties against the carrier as specified in RCW 7.80.120, for each violation of a safety requirement. It is a class 4 civil infraction for each violation of other vehicle standards, with monetary penalties against the carrier as specified in RCW 7.80.120, and the limousine vehicle certificate must be summarily suspended until safety violations of vehicle standards are corrected and the limousine is reinspected.
[ 2011 c 374 s 3; 1996 c 87 s 6.]
Notes:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.

catchline: Regulation—Inspection—Fees—Penalties.


title: RCW 46.72A.040

text:
Except when a port district regulates limousine carriers under RCW 46.72A.030 or a city with a population of five hundred thousand or more is authorized under RCW 46.72A.150 to enforce state laws or rules applicable to limousine carriers, limousines, and chauffeurs, subject to the limitations set forth in RCW 46.72A.150, the state of Washington fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this chapter. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to limousine carriers that are consistent with this chapter.
[ 2011 c 374 s 4; 1996 c 87 s 7.]
Notes:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.

catchline: State preemption—Exceptions.


title: RCW 46.72A.050

text:
(1) No limousine carrier may operate a limousine upon the highways of this state without first being properly registered as a business in Washington and having been issued a unified business identifier.
(2) In addition, a limousine carrier shall obtain from the department a limousine carrier license for the business and a limousine vehicle certificate for each limousine operated by the carrier. The limousine carrier license and limousine vehicle certificates must be renewed through the department annually or as may be required by the department. The department shall establish by rule the procedure for obtaining, and the fees for, the limousine carrier license and limousine vehicle certificate. It is a class 1 civil infraction, with monetary penalties against the carrier as specified in RCW 7.80.120, for each day that a limousine is operated without a valid limousine carrier license or valid limousine vehicle certificate required under this subsection.
[ 2011 c 374 s 5; 1996 c 87 s 8.]
Notes:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.

catchline: Registration—Carrier license, vehicle certificates required—Rules—Penalty.


title: RCW 46.72A.060

text:
(1) The department shall require limousine carriers to obtain and continue in effect, liability and property damage insurance from a company licensed to sell liability insurance in this state for each limousine used to transport persons for compensation.
(2) The department shall fix by rule coverages and limits, and prohibit provisions that limit coverage, for the insurance policy or policies, giving consideration to the character and amount of traffic, the number of persons affected, and the degree of danger that the proposed operation involves. The limousine carrier must maintain the liability and property damage insurance in force on each limousine while licensed by the department.
(3) Failure to file and maintain in effect the insurance required under this section is a gross misdemeanor and the limousine vehicle certificate must be summarily suspended. It is a class 1 civil infraction, with monetary penalties against the carrier as specified in RCW 7.80.120, for each day that a carrier operates a limousine with a summarily suspended limousine vehicle certificate.
[ 2011 c 374 s 6; 2003 c 53 s 251; 1996 c 87 s 9.]
Notes:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Insurance—Amount—Penalty.


title: RCW 46.72A.070

text:
(1) If the limousine carrier substitutes a liability and property damage insurance policy after a vehicle certificate has been issued, a new vehicle certificate is required. The limousine carrier shall submit the substituted policy to the department for approval, together with a fee. If the department approves the substituted policy, the department shall issue a new vehicle certificate.
(2) If a vehicle certificate has been lost, destroyed, or stolen, a duplicate vehicle certificate may be obtained by filing an affidavit of loss and paying a fee.
(3)(a) Except as provided in (b) of this subsection, a limousine carrier who operates a vehicle without first having received a vehicle certificate as required by this chapter is guilty of a misdemeanor.
(b) A second or subsequent offense is a gross misdemeanor.
[ 2003 c 53 s 252; 1996 c 87 s 10.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Vehicle certificates—Issuance of new or duplicate certificate—Penalty.


title: RCW 46.72A.080

text:
(1) No limousine carrier may advertise without listing the carrier's unified business identifier issued by the department in the advertisement and specifying the type of service offered as provided in RCW 46.04.274. No limousine carrier may advertise or hold itself out to the public as providing taxicab transportation services.
(2) All advertising, contracts, correspondence, cards, signs, posters, papers, and documents that show a limousine carrier's name or address shall list the carrier's unified business identifier and the type of service offered. The alphabetized listing of limousine carriers appearing in the advertising sections of telephone books or other directories and all advertising that shows the carrier's name or address must show the carrier's current unified business identifier.
(3) Advertising in the alphabetical listing in a telephone directory need not contain the carrier's certified business identifier.
(4) It is a violation, subject to a fine of up to five thousand dollars per violation, for a person to (a) falsify a unified business identifier or use a false or inaccurate unified business identifier; (b) fail to specify the type of service offered; (c) advertise or otherwise hold itself out to the public as providing taxicab transportation services in connection with a solicitation or identification as an authorized limousine carrier; or (d) conduct commercial limousine business without a valid limousine carrier license or valid limousine vehicle certificate as required under this chapter, unless licensed as a charter party carrier under chapter 81.70 RCW.
(5) If the basis for the violation is advertising, each advertisement reproduced, broadcast, or displayed via a particular medium constitutes a separate violation.
(6) In deciding the amount of penalty to be imposed per violation, the department shall consider the following factors:
(a) The carrier's willingness to comply with the department's rules under this chapter; and
(b) The carrier's history with respect to compliance with this section.
(7) It is a class 1 civil infraction, with monetary penalties against the chauffeur as specified in RCW 7.80.120, for a chauffeur to:
(a) Solicit or assign customers directly or through a third party for immediate, nonprearranged limousine service pick up as described in RCW 46.72A.020(1); or
(b) Offer payment to a third party to solicit customers for limousine service pick up without current copies of a written contract regarding such services on file at the third party's business. Copies of the current written contract must be stored and made available on both the third party's and limousine carrier's business premises. Limousine vehicles engaged in the services detailed in the contract must carry a certificate verifying existence of a current contract between the parties. The certificate must contain a general description of the agreement, including initial and expiration dates. A written contract may not allow for immediate, nonprearranged limousine service pick up.
(8) It is a class 1 civil infraction, with monetary penalties against the individual as specified in RCW 7.80.120, for an individual to:
(a) Accept payment to solicit or assign customers on the behalf of a chauffeur for immediate, nonprearranged limousine service pick up as described in RCW 46.72A.020(1); or
(b) Accept payment to solicit customers for limousine service pick up without current copies of a written contract regarding such services on file at the third party's business. Copies of the current written contract must be stored and made available on the third party's business premises and in any limousine engaged in the services detailed in the contract. A written contract may not allow for immediate, nonprearranged limousine service pick up.
[ 2011 c 374 s 7; 1997 c 193 s 1; 1996 c 87 s 11.]
Notes:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.

catchline: Advertising—Penalties.


title: RCW 46.72A.090

text:
(1) The limousine carrier shall, before a chauffeur operates a limousine, provide proof in a form approved by the department to the appropriate regulating authority that each chauffeur hired to operate a limousine meets the following criteria administered or monitored by the department or an authority approved by the department: (a) Is at least twenty-one years of age; (b) holds a valid Washington state driver's license; (c) has successfully completed a training course approved by the department; (d) has successfully passed a written examination which, to the greatest extent practicable, the department must administer in the applicant's language of preference; (e) has successfully completed a background check performed by the Washington state patrol or a credentialing authority approved by the department that meets standards adopted by rule by the department; (f) has passed an initial test and is participating in a random testing program designed to detect the presence of any controlled substances determined by the department; (g) has a satisfactory driving record that meets moving accident and moving violation conviction standards adopted by rule by the department; and (h) has submitted a medical certificate certifying the individual's fitness as a chauffeur. Upon initial application and every two years thereafter, a chauffeur must file a physician's certification with the limousine carrier validating the individual's fitness to drive a limousine. The department shall determine by rule the scope of the examination and standards for denial based upon the chauffeur's physical examination. The director may require a chauffeur to undergo an additional controlled substance test or physical examination if the chauffeur has failed a controlled substance test or his or her physical fitness has been called into question.
(2) The limousine carrier shall keep on file and make available for inspection all documents required by this section.
[ 2011 c 374 s 8; 1996 c 87 s 12.]
Notes:
Report by internal work group on issuance of chauffeur licenses—2011 c 374: "The department of licensing shall convene an internal work group regarding the issuance of chauffeur licenses. The department shall provide a report on its recommendations on this issue to the transportation committees of the legislature by November 15, 2012." [ 2011 c 374 s 13.]
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.

catchline: Chauffeurs—Criteria for, physical exams.


title: RCW 46.72A.100

text:
The director may impose any of the sanctions specified in RCW 18.235.110 for unprofessional conduct as described in RCW 18.235.130 or if one of the following is true of a chauffeur hired to drive a limousine, including where such a chauffeur is also the carrier: (1) The person has been convicted of an offense of such a nature as to indicate that he or she is unfit to qualify as a chauffeur; (2) the person is guilty of committing an offense for which mandatory revocation of a driver's license is provided by law; (3) the person has been convicted of vehicular homicide or vehicular assault; (4) the person is intemperate or addicted to narcotics; or (5) the person, while participating in a random testing program designed to detect the presence of any controlled substances determined by the department under RCW 46.72A.090, is found to have taken one of the controlled substances determined by the department without a valid and current prescription from a licensed physician.
[ 2011 c 374 s 9; 2002 c 86 s 295; 1996 c 87 s 13.]
Notes:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.


title: RCW 46.72A.110

text:
The department must transmit all license and vehicle certificate fees received under this chapter, together with a proper identifying report, to the state treasurer to be deposited by the state treasurer in the highway safety fund. Appropriations from the highway safety fund will support expenses incurred in carrying out the licensing and regulatory activities of this chapter.
[ 2011 c 298 s 28; 1996 c 87 s 14.]
Notes:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.

catchline: Deposit of fees.


title: RCW 46.72A.120

text:
The department may adopt and enforce such rules, including the setting of fees, as may be consistent with and necessary to carry out this chapter. The fees must approximate the cost of administration. Any fee related to limousine vehicle certificates must not exceed seventy-five dollars. Any fee related to a limousine carrier license for a business must not exceed three hundred fifty dollars. Any fee related to limousine vehicle inspections must not exceed twenty-five dollars.
[ 2011 c 374 s 10; 1996 c 87 s 15.]
Notes:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.

catchline: Rules and fees.


title: RCW 46.72A.130

text:
A vehicle operated as a limousine under *chapter 81.90 RCW before April 1, 1996, may continue to operate as a limousine even though it may not meet the definition of limousine in RCW 46.04.274 as long as the owner is the same as the registered owner on April 1, 1996, and the vehicle and limousine carrier otherwise comply with this chapter.
[ 1996 c 87 s 16.]
Notes:
*Reviser's note: Chapter 81.90 RCW was repealed by 1996 c 87 s 23.

catchline: Continued operation of existing limousines.


title: RCW 46.72A.140

text:
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter by the department.
[ 2011 c 374 s 11; 2002 c 86 s 296.]
Notes:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.