title: RCW 46.72A.150

text:
(1) The department may enter into cooperative agreements with cities with populations of five hundred thousand or more for the purpose of enforcing state laws or rules applicable to limousine carriers and chauffeurs. This power to enforce includes the right to adopt local limousine laws by city ordinance that are consistent with this chapter and the right to impose monetary penalties by civil infraction as provided in this chapter.
(2) In addition, the following specific authority and limitations to city enforcement must be included:
(a) City enforcement officers may conduct street enforcement activity consistent with this chapter;
(b) City enforcement officers may conduct inspections of limousines to verify compliance with limousine standards adopted by rule by the department and, if the carrier requests, conduct annual limousine vehicle inspections in lieu of an inspection conducted by the Washington state patrol. The city may receive all limousine inspection or reinspection fees for inspections conducted by city enforcement officers;
(c) A city may require that any limousine carrier dispatching a limousine to pick up passengers within the incorporated area of the city to maintain on file with the city insurance documents that meet the requirements adopted by rule by the department. The city may issue civil infractions to carriers and summarily suspend limousine vehicle certificates for failure to maintain on file valid insurance documents with the city.
(3) A cooperative agreement with the department for delegated enforcement must specify the schedule and amount of funds derived from limousine carrier license, limousine vehicle certificate, and chauffeur license fee revenue to be provided to the city to allow the city to provide the agreed upon level of enforcement. In addition, the cooperative agreement must restrict the fee revenue use by a city to the costs of enforcing state laws or rules applicable to limousine carriers and chauffeurs.
[ 2011 c 374 s 12.]
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: Cooperative agreements with cities with populations of five hundred thousand or more—Enforcement authority, limitations.


doc_type: statute

jurisdiction: wa

title: RCW 46.72A.160

text:
(1) The limousine carriers account is created in the state treasury. Notwithstanding any other provision of law, all receipts from each civil infraction and violation imposed by this chapter must be deposited into the account. Moneys in the account must be spent only after appropriation.
(2) Expenditures from the account may be used only for regulation and enforcement under this chapter, including regulation and enforcement through a cooperative agreement as described in RCW 46.72A.150.
[ 2011 c 374 s 14.]
Notes:
Effective date—2011 c 374 s 14: "Section 14 of this act takes effect July 1, 2012." [ 2011 c 374 s 16.]
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Limousine carriers account.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 46.72B.010

text:
The purpose of this chapter is to: Provide statewide uniform regulation for transportation network companies within the state of Washington, encourage technological innovation, and preserve and enhance access to important transportation options for residents and visitors to Washington state.
[ 2022 c 281 s 14.]

catchline: Purpose.


title: RCW 46.72B.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of licensing.
(2) "Digital network" means any online-enabled application, website, or system offered or used by a transportation network company that enables the prearrangement of rides between drivers and passengers.
(3) "Director" means the director of the department of licensing.
(4) "Driver" has the meaning provided in RCW 49.46.300.
(5) "Network services" has the meaning provided in RCW 49.46.300.
(6) "Passenger" means an individual who uses a digital network to connect with a driver in order to obtain a prearranged ride in the driver's transportation network company vehicle. A person may use a digital network to request a prearranged ride on behalf of a passenger.
(7) "Prearranged ride" has the same meaning provided in RCW 48.177.005.
(8) "Product class" means special ride options, offered to passengers for additional fees, that are based on the type of vehicle, such as make and model, or based on the type of vehicle combined with specified features or ride preferences.
(9) "Transportation network company" has the meaning provided in RCW 49.46.300.
(10) "Transportation network company vehicle" has the same meaning as "personal vehicle" in RCW 48.177.005.
[ 2025 c 229 s 1; 2022 c 281 s 15.]
Notes:
Effective date—2025 c 229 ss 1 and 2: "Sections 1 and 2 of this act take effect September 1, 2025." [ 2025 c 229 s 4.]

catchline: Definitions.


title: RCW 46.72B.030

text:
(1) A person must first obtain a permit from the department to operate a transportation network company in Washington state, except that any transportation network company operating in the state before March 1, 2023, may continue operating until the department creates a permit process and sets a registration deadline.
(2) The department must annually issue a permit to each applicant that meets the requirements for a transportation network company as set forth in this chapter and pays an annual permit fee of $5,000 to the department.
[ 2022 c 281 s 17.]
Notes:
Effective dates—2022 c 281 ss 8-13, 17, and 28: See note following RCW 51.12.020.

catchline: Permits.


title: RCW 46.72B.040

text:
Any transportation network company operating in Washington state must maintain an agent for service of process in the state.
[ 2022 c 281 s 18.]

catchline: Agent for service of process.


title: RCW 46.72B.050

text:
(1) Before a passenger enters a transportation network company vehicle, the transportation network company must provide, on behalf of the driver, either the fare for the prearranged ride or the option to receive an estimated fare for the prearranged ride.
(2) During the first seven days of a state of emergency, as declared by the governor or the president of the United States, a transportation network company may not charge a fare for transportation network company services provided to any passenger that exceeds two and one-half times the fare that would otherwise be applicable for the prearranged ride.
[ 2022 c 281 s 19.]

catchline: Fare for prearranged ride.


title: RCW 46.72B.060

text:
A transportation network company's digital network or website must display a photograph of the driver and the license plate number of the transportation network company vehicle.
[ 2022 c 281 s 20.]

catchline: Digital network to include driver photograph, license plate number.


title: RCW 46.72B.070

text:
A transportation network company must require that any motor vehicle that a transportation network company driver will use to provide prearranged rides is not more than 15 years old as determined by the model year of the vehicle.
[ 2022 c 281 s 21.]

catchline: Age of motor vehicle.


title: RCW 46.72B.080

text:
(1) A transportation network company must implement a zero tolerance policy regarding a driver's activities while accessing the transportation network company's digital network. The zero tolerance policy must address the use of drugs or alcohol while a driver is providing prearranged rides or is logged in to the transportation network company's digital network but is not providing prearranged rides.
(2) A transportation network company must provide notice of this policy on its website, as well as procedures to report a complaint about a driver with whom a passenger was matched and whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
(3) A transportation network company must maintain records relevant to the enforcement of the policy under this section for a period of at least two years from the date that a passenger complaint is received by the transportation network company.
[ 2022 c 281 s 22.]

catchline: Zero tolerance policy.


title: RCW 46.72B.090

text:
(1) Before allowing an individual to accept prearranged ride requests as a driver through a transportation network company's digital network and annually thereafter:
(a) The individual must submit an application to the transportation network company, which includes information regarding his or her name, address, phone number, age, driver's license number, motor vehicle registration, automobile liability insurance, and other information required by the transportation network company;
(b) The transportation network company, or a designated third party on behalf of the transportation network company, that is either nationally accredited or approved by the director, must conduct an annual local and national criminal background check for the applicant to include a review of:
(i) A multistate/multijurisdiction criminal records locator or other similar commercial nationwide database with validation; and
(ii) The United States department of justice national sex offender public website; and
(c) The transportation network company, or designated third party, must obtain and review a driving history report for the individual.
(2) A transportation network company must not permit an individual to act as a driver on its digital network who:
(a) Has had more than three moving violations in the prior three-year period, or one of the following major violations in the prior three-year period:
(i) Attempting to elude the police pursuant to RCW 46.61.024;
(ii) Reckless driving pursuant to RCW 46.61.500; or
(iii) Driving on a suspended or revoked driver's license pursuant to RCW 46.20.342 or 46.20.345;
(b) Has been convicted, within the past seven years, of:
(i) Any class A or B felony in Title 9A RCW;
(ii) Any violent offense as defined in RCW 9.94A.030 or serious violent offense as defined in RCW 9.94A.030;
(iii) Any most serious offense as defined in RCW 9.94A.030; or
(iv) Driving under the influence, hit and run, or any other driving-related crime pursuant to RCW 46.61.500 through 46.61.540;
(c) Has been convicted of any sex offense as defined in RCW 9.94A.030 or is a match in the United States department of justice national sex offender public website;
(d) Does not possess a valid driver's license;
(e) Does not possess proof of automobile liability insurance for the motor vehicle or vehicles used to provide prearranged rides;
(f) Is not at least 20 years of age; or
(g) Has not self-certified that he or she is physically and mentally fit to be a transportation network company driver.
(3)(a) Subsection (2)(a) and (b) of this section applies to any conviction of any offense committed in another jurisdiction that includes all of the elements of any of the offenses described or defined in subsection (2)(a) and (b) of this section.
(b) Any collision where the driver can demonstrate, through the account deactivation appeals process outlined in RCW 49.46.300(15), that he or she was not at fault for the collision, shall not be considered to be a moving violation under subsection (2)(a) of this section.
(c) For purposes of subsection (2)(a) of this section[,] multiple moving violations shall be treated by the transportation network company as a single moving violation if the driver can demonstrate, through the account deactivation appeals process outlined in RCW 49.46.300(15), that the violations arose from a single incident.
(4) A transportation network company must establish a clear background check policy consistent with this section that informs drivers of any thresholds for categories of violations and any other factors which will result in a restriction of access to the driver platform.
[ 2022 c 281 s 23.]

catchline: Driver requirements.


title: RCW 46.72B.100

text:
A driver may not:
(1) Solicit or accept a trip request to provide network services other than a trip request arranged through a transportation network company's digital network;
(2) Provide network services for more than 14 consecutive hours in a 24-hour period; or
(3) Allow any other individual to use that driver's access to a transportation network company's digital network.
[ 2022 c 281 s 24.]

catchline: Drivers—Prohibited activities.


title: RCW 46.72B.110

text:
(1) A transportation network company must adopt a policy of nondiscrimination on the basis of race, color, national origin, citizenship or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, the use of a trained dog guide or service animal by a person with a disability, or any other protected class under RCW 49.60.010, with respect to passengers and potential passengers and notify drivers of such policy.
(2) A driver must comply with all applicable laws regarding nondiscrimination against transportation network company riders or potential riders on the basis of race, color, national origin, citizenship or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under RCW 49.60.010.
(3) A driver must comply with all applicable laws relating to the transportation of service animals.
(4) A transportation network company may not impose additional charges for providing services to persons with disabilities because of those disabilities.
[ 2022 c 281 s 25.]

catchline: Nondiscrimination policy.


title: RCW 46.72B.120

text:
Any safety product, feature, process, policy, standard, or other effort undertaken by a transportation network company, or the provision of equipment by a transportation network company, to further public safety is not an indicia of an employment or agency relationship with a driver.
[ 2022 c 281 s 26.]

catchline: Public safety measures, not indicative of employment relationship.


title: RCW 46.72B.130

text:
A transportation network company must maintain the following records:
(1) Individual trip records, except receipts pursuant to RCW 49.46.300(9), for at least three years from the end of the calendar year in which each trip was provided; and
(2) Individual records of drivers, except receipts pursuant to RCW 49.46.300(9), at least until the end of the calendar year marking the three-year anniversary of the date on which a driver's relationship with the transportation network company has ended.
[ 2022 c 281 s 27.]

catchline: Records.


title: RCW 46.72B.140

text:
(1) For the sole purpose of verifying that a transportation network company is in compliance with the requirements of this chapter and no more than twice per year, the department may review a sample of records that the transportation network company is required to maintain under this chapter. The sample of records must be chosen randomly by the department in a manner agreeable to both parties. Any record sample furnished to the department may exclude information that would reasonably identify specific drivers or passengers.
(2) Records provided to the department for inspection under this chapter are exempt from disclosure under chapter 42.56 RCW and are confidential and not subject to disclosure to a third party by the department without prior written consent of the transportation network company.
[ 2022 c 281 s 28.]
Notes:
Effective dates—2022 c 281 ss 8-13, 17, and 28: See note following RCW 51.12.020.

catchline: Record inspection.


title: RCW 46.72B.150

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.
[ 2022 c 281 s 29.]

catchline: Application of uniform regulation of business and professions act.


title: RCW 46.72B.160

text:
The department may adopt rules consistent with and as necessary to carry out this chapter.
[ 2022 c 281 s 30.]

catchline: Rules.


title: RCW 46.72B.170

text:
(1) A transportation network company shall not, unless based upon a bona fide occupational qualification, refuse to contract with or terminate the contract of a driver based upon age, sex, marital status, sexual orientation, gender expression or gender identity, race, creed, religious belief or affiliation, color, national origin, citizenship or immigration status, families with children, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, the use of a trained guide dog or service animal by a person with a disability, or any other protected class under RCW 49.60.010.
(2) Drivers shall have all rights and remedies available under chapter 49.60 RCW solely to enforce this section.
[ 2022 c 281 s 31.]

catchline: Company duties—Nondiscrimination based on protected class—Driver remedies.


title: RCW 46.72B.180

text:
(1)(a) Before being used to provide commercial transportation services, as defined in RCW 48.177.005, every personal vehicle, as defined in RCW 48.177.005, must be covered by a primary automobile insurance policy that specifically covers commercial transportation services. However, the insurance coverage requirements of this section are alternatively satisfied by securing coverage pursuant to chapter 46.72 or 46.72A RCW that covers the personal vehicle being used to provide commercial transportation services and that is in effect twenty-four hours per day, seven days per week. Except as provided in subsection (2) of this section, a commercial transportation services provider, as defined in RCW 48.177.005, must secure this policy for every personal vehicle used to provide commercial transportation services. For purposes of this section, a "primary automobile insurance policy" is not a private passenger automobile insurance policy.
(b) The primary automobile insurance policy required under this section must provide coverage, as specified in this subsection (1)(b), at all times the driver is logged in to a commercial transportation services provider's digital network or software application and at all times a passenger is in the vehicle as part of a prearranged ride.
(i) The primary automobile insurance policy required under this subsection must provide the following coverage during commercial transportation services applicable during the period before a driver accepts a requested ride through a digital network or software application:
(A) Liability coverage in an amount no less than fifty thousand dollars per person for bodily injury, one hundred thousand dollars per accident for bodily injury of all persons, and thirty thousand dollars for damage to property;
(B) Underinsured motorist coverage to the extent required under RCW 48.22.030; and
(C) Personal injury protection coverage to the extent required under RCW 48.22.085 and 48.22.095.
(ii) The primary automobile insurance policy required under this subsection must provide the following coverage, applicable during the period of a prearranged ride:
(A) Combined single limit liability coverage in the amount of one million dollars for death, personal injury, and property damage; and
(B) Personal injury protection coverage to the extent required under RCW 48.22.085 and 48.22.095.
(iii) The primary automobile insurance policy required under this subsection must provide underinsured motorist coverage in the amount of $100,000 per person, $300,000 per accident from the moment a passenger enters the transportation network company vehicle of a driver until the passenger exits the transportation network company vehicle.
(2)(a) As an alternative to the provisions of subsection (1) of this section, a driver may secure a primary automobile insurance policy covering a personal vehicle and providing the same coverage as required in subsection (1) of this section from a lawful admitted or surplus lines insurer. The policy coverage may be in the form of a rider to, or endorsement of, the driver's private passenger automobile insurance policy only if approved as such by the office of the insurance commissioner.
(b) If the primary automobile insurance policy maintained by a driver to meet the obligation of this section does not provide coverage for any reason, including that the policy lapsed or did not exist, the commercial transportation services provider must provide the coverage required under this section beginning with the first dollar of a claim.
(c) The primary automobile insurance policy required under this subsection and subsection (1) of this section may be secured by any of the following:
(i) The commercial transportation services provider as provided under subsection (1) of this section;
(ii) The driver as provided under (a) of this subsection; or
(iii) A combination of both the commercial transportation services provider and the driver.
(3) The insurer or insurers providing coverage under subsections (1) and (2) of this section are the only insurers having the duty to defend any liability claim from an accident occurring while commercial transportation services are being provided.
(4) In addition to the requirements in subsections (1) and (2) of this section, before allowing a person to provide commercial transportation services as a driver, a commercial transportation services provider must provide written proof to the driver that the driver is covered by a primary automobile insurance policy that meets the requirements of this section. Alternatively, if a driver purchases a primary automobile insurance policy as allowed under subsection (2) of this section, the commercial transportation services provider must verify that the driver has done so.
(5) A primary automobile insurance policy required under subsection (1) or (2) of this section may be placed with an insurer licensed under this title to provide insurance in the state of Washington or as an eligible surplus line insurance policy as described in RCW 48.15.040, or through a surplus lines insurer that meets the financial requirements as described in RCW 48.15.090 and follows the procurement procedures of RCW 48.15.040.
(6) Insurers that write automobile insurance in Washington may exclude any and all coverage afforded under a private passenger automobile insurance policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a driver for a commercial transportation services provider is logged in to a commercial transportation services provider's digital network or while a driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in a private passenger automobile insurance policy including, but not limited to:
(a) Liability coverage for bodily injury and property damage;
(b) Personal injury protection coverage;
(c) Underinsured motorist coverage;
(d) Medical payments coverage;
(e) Comprehensive physical damage coverage; and
(f) Collision physical damage coverage.
(7) Nothing in this section shall be construed to require a private passenger automobile insurance policy to provide primary or excess coverage or a duty to defend for the period of time in which a driver is logged in to a commercial transportation services provider's digital network or software application or while the driver is engaged in a prearranged ride or the driver otherwise uses a vehicle to transport passengers for compensation.
(8) Insurers that exclude coverage under subsection (6) of this section have no duty to defend or indemnify any claim expressly excluded under subsection (6) of this section. Nothing in this section shall be deemed to invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use in Washington state before July 24, 2015, that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public.
(9) An exclusion exercised by an insurer in subsection (6) of this section applies to any coverage selected or rejected by a named insured under RCW 48.22.030 and 48.22.085. The purchase of a rider or endorsement by a driver under subsection (2)(a) of this section does not require a separate coverage rejection under RCW 48.22.030 or 48.22.085.
(10) If more than one insurance policy provides valid and collectible coverage for a loss arising out of an occurrence involving a motor vehicle operated by a driver, the responsibility for the claim must be divided as follows:
(a) Except as provided otherwise under subsection (2)(c) of this section, if the driver has been matched with a passenger and is traveling to pick up the passenger, or the driver is providing services to a passenger, the commercial transportation services provider that matched the driver and passenger must provide insurance coverage; or
(b) If the driver is logged in to the digital network or software application of more than one commercial transportation services provider but has not been matched with a passenger, the liability must be divided equally among all of the applicable insurance policies that specifically provide coverage for commercial transportation services.
(11) In an accident or claims coverage investigation, a commercial transportation services provider or its insurer must cooperate with a private passenger automobile insurance policy insurer and other insurers that are involved in the claims coverage investigation to facilitate the exchange of information, including the provision of (a) dates and times at which an accident occurred that involved a participating driver and (b) within ten business days after receiving a request, a copy of the provider's electronic record showing the precise times that the participating driver logged on and off the provider's digital network or software application on the day the accident or other loss occurred. The commercial transportation services provider or its insurer must retain all data, communications, or documents related to insurance coverage or accident details for a period of not less than the applicable statutes of limitation, plus two years from the date of an accident to which those records pertain.
(12) This section does not modify or abrogate any otherwise applicable insurance requirement set forth in this title.
(13) After July 1, 2016, an insurance company regulated under this title may not deny an otherwise covered claim arising exclusively out of the personal use of the private passenger automobile solely on the basis that the insured, at other times, used the private passenger automobile covered by the policy to provide commercial transportation services.
(14) If an insurer for a commercial transportation services provider makes a payment for a claim covered under comprehensive coverage or collision coverage, the commercial transportation services provider must cause its insurer to issue the payment directly to the business repairing the vehicle or jointly to the owner of the vehicle and the primary lienholder on the covered vehicle.
(15)(a) To be eligible for securing a primary automobile insurance policy under this section, a commercial transportation services provider must make the following disclosures to a prospective driver in the prospective driver's terms of service:
WHILE OPERATING ON THE DIGITAL NETWORK OR SOFTWARE APPLICATION OF THE COMMERCIAL TRANSPORTATION SERVICES PROVIDER, YOUR PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY MIGHT NOT AFFORD LIABILITY, UNDERINSURED MOTORIST, PERSONAL INJURY PROTECTION, COMPREHENSIVE, OR COLLISION COVERAGE, DEPENDING ON THE TERMS OF THE POLICY.
IF THE VEHICLE THAT YOU PLAN TO USE TO PROVIDE COMMERCIAL TRANSPORTATION SERVICES FOR OUR COMPANY HAS A LIEN AGAINST IT, YOU MUST NOTIFY THE LIENHOLDER THAT YOU WILL BE USING THE VEHICLE FOR COMMERCIAL TRANSPORTATION SERVICES THAT MAY VIOLATE THE TERMS OF YOUR CONTRACT WITH THE LIENHOLDER.
(b) The prospective driver must acknowledge the terms of service electronically or by signature.
[ 2022 c 281 s 33; 2015 c 236 s 2. Formerly RCW 48.177.010.]

catchline: Insurance that covers commercial transportation services—Requirements—Terms of coverage.


title: RCW 46.72B.190

text:
(1) Except as provided in subsections (2) and (3) of this section, as of June 9, 2022, the state preempts the field of regulating transportation network companies and drivers. No county, city, town, or other municipal corporation may regulate transportation network companies or drivers, or impose any tax, fee, or other charge, on a transportation network company or driver.
(2)(a) Except as provided in (b) and (c) of this subsection, a local ordinance or regulation, in a city with a population of more than 600,000 or a county with a population of more than 2,000,000, existing on or before January 1, 2022, that imposes a tax, fee, or other charge on a transportation network company or driver, remains in effect at the rate that exists on or before January 1, 2022. The city or county may continue to collect that tax, fee, or other charge, but may not increase the amount of that tax, fee, or other charge, and may not impose any higher or new taxes, fees, or other charges. This subsection (2)(a) applies retroactively and preempts any increase in the amount of an existing tax, fee, or other charge, or the imposition of any higher or new taxes, fees, or other charges, which occurs between January 2, 2022, and June 9, 2022.
(b) Beginning on January 1, 2023, any local ordinance or regulation, in a city or county described in (a) of this subsection, existing on or before June 9, 2022, that imposed a per trip tax, fee, or other charge for which, at the time the ordinance became effective, the proceeds were to be used in part to fund a driver conflict resolution center, shall be reduced by $0.15. The city or county may continue to collect that tax, fee, or other charge, but only at the reduced rate and may not increase the amount of that tax, fee, or other charge, and may not impose any higher or new taxes, fees, or other charges.
(c) Any per ride fee imposed by a local ordinance or regulation described in (a) of this subsection, the proceeds of which are used to offset expenses of enforcing the ordinance or regulation, may be adjusted under the following provisions:
(i) The city or county demonstrates to the satisfaction of the department that the revenues from the existing per ride fee amount are insufficient to offset the city's or county's cost from enforcement and regulation;
(ii) The total amount expected to be collected under the increased amount will not exceed the city or county's total expected costs; and
(iii) The department has not authorized an increase in the per ride fee in the last two fiscal years.
(3)(a) A local ordinance or regulation in a city with a population of more than six hundred thousand or a county with a population of more than two million, and that existed on or before January 1, 2022, that defined and regulated licensing for transportation network companies and permits for drivers, or the requirements for and processing of applications, certifications, examinations, and background checks for drivers and personal vehicles, remains in effect as the requirements exist on June 9, 2022. The county or city may continue to enforce the ordinance or regulation but may not alter, amend, or implement changes to the ordinance or regulation, or requirements under it, after January 1, 2022, except if such alteration, amendment, or implementation conforms with the requirements of this chapter. This subsection shall apply retroactively to any alteration, amendment, or implementation which occurs between March 10, 2022, and June 9, 2022.
(b) Notwithstanding subsection (1) of this section, a local ordinance or regulation in a city with a population of more than six hundred thousand or a county with a population of more than two million, and that existed before January 1, 2022, that is related to requirements covered by RCW 49.46.300, 49.46.350, 51.16.250, and 51.04.190, and sections 6, 8 through 10, and 12, chapter 281, Laws of 2022 are preempted as of January 1, 2023. The city may continue to enforce the local ordinance or regulation between June 9, 2022, and January 1, 2023, but may not alter, amend, or implement changes to the ordinance or regulation, or requirements under it, after January 1, 2022, except if such alteration, or amendment, or implementation conforms with the requirements of chapter 281, Laws of 2022. This subsection shall apply retroactively to any alteration, amendment, or implementation which occurs between March 10, 2022, and June 9, 2022.
(4) Nothing in this chapter shall be interpreted to prevent an airport operator, as defined in RCW 14.08.015, from requiring a transportation network company to enter into a contract or agreement, consistent with the provisions of RCW 14.08.120, governing requirements of the transportation network company on airport property including but not limited to the fees and operational requirements. An airport operator may not impose any requirements through a contract authorized by this section that relate to requirements covered by RCW 49.46.300, 49.46.350, 51.16.250, 51.04.190, 49.46.210(5), 51.08.070, 51.08.180, 51.12.020, and 51.16.060.
(5) Other than taxes, fees, or other charges imposed explicitly or exclusively on a transportation network company or driver, this section does not preempt any generally applicable taxes, fees, or other charges, such as:
(a) Business tax;
(b) Sales and use tax;
(c) Excise tax; or
(d) Property tax.
[ 2022 c 281 s 32.]

catchline: Preemption.


title: RCW 46.72B.200

text:
(1) Beginning July 1, 2024, the employment security department shall develop and administer a pilot program under Title 50A RCW focusing on transportation network companies and drivers.
(2) The pilot program must require that:
(a) Drivers may continue to have the option of electing coverage under Title 50A RCW as self-employed individuals;
(b) By the 15th day of the month following the end of the calendar quarter, transportation network companies report to each driver in Washington the total amount of compensation, as defined in RCW 49.46.300, that the driver earned providing network services through the transportation network company's digital network in that quarter;
(c) By the 15th day of the month following the drivers' reporting deadline for the calendar quarter, the employment security department share data with each transportation network company on the drivers who, in that calendar quarter: (i) Reported and paid assessed premiums; and (ii) withdrew or canceled paid family and medical leave coverage; and
(d) By the 15th day following the receipt of information from the employment security department under (c) of this subsection, transportation network companies pay each driver who elected coverage under (a) of this subsection an amount equal to the premium rate assessed, multiplied by the amount of compensation, as defined in RCW 49.46.300, that the driver earned providing network services through the transportation network company's digital network in that quarter. For purposes of this section, compensation shall not include any amount listed in RCW 50A.05.010(22)(d). The requirement to pay premiums under the pilot program ends December 31, 2028.
(3) For the purposes of the pilot program, this section does not require a driver to opt into family and medical leave coverage for any other self-employment or independent contract work not associated with a transportation network company.
(4) Drivers in the pilot program are not subject to the requirements in RCW 50A.10.010(1).
(5) Drivers electing coverage must elect both family and medical leave and are responsible for 100 percent of all premiums assessed to an employee under RCW 50A.10.030.
(6) The driver must file a notice of election in writing with the employment security department, in a manner as required by the department in rule.
(7) The driver is eligible for family and medical leave after working 820 hours in the state during the qualifying period following the date of filing the notice.
(8)(a) The employment security department must evaluate the pilot program for its impacts on removing barriers to accessing paid family and medical leave, as well as impacts on the paid family and medical leave insurance account.
(b) By September 1, 2027, the employment security department must submit a report to the appropriate committees of the legislature summarizing the employment security department's evaluation of the pilot program and making any recommendations, if appropriate.
(9) The employment security department may adopt rules necessary to implement the pilot program in this section.
(10) This section expires December 31, 2028.
[ 2023 c 451 s 3.]

catchline: Employment security pilot program. (Expires December 31, 2028.)


title: RCW 46.72B.210

text:
(1) A transportation network company must make information available to transportation network company drivers on which vehicles, described by make, model, and year, are eligible for each product class offered on the transportation network company platform.
(2) For any vehicle that lost eligibility on the basis of vehicle year or model type for a particular product class in the 12 months prior to September 1, 2025, the transportation network company must reinstate the vehicle to that product class for at least 12 months following September 1, 2025. The requirements in subsection (2) of this section [this subsection (2)] do not apply to vehicles that lost eligibility for a reason other than vehicle year or model type, including but not limited to the driver's loss of access to the transportation network company's platform, vehicle safety-related or vehicle condition issues, or the driver's or vehicle's noncompliance with law or regulatory standards.
(3) If a transportation network company plans to modify vehicle age or model type requirements for an existing product class, the transportation network company must provide all current drivers with written notice at least 120 calendar days before the change is implemented.
[ 2025 c 229 s 2.]
Notes:
Effective date—2025 c 229 ss 1 and 2: See note following RCW 46.72B.020.

catchline: Vehicle eligibility.


title: RCW 46.73.010

text:
The Washington state patrol may adopt rules establishing standards for qualifications and hours of service of drivers for private carriers as defined by *RCW 81.80.010(6). Such standards shall correlate with and, as far as reasonable, conform to the regulations contained in Title 49 C.F.R., Chapter 3, Subchapter B, Parts 391 and 395, on July 28, 1985.
[ 2005 c 319 s 120; 1985 c 333 s 1.]
Notes:
*Reviser's note: Due to the alphabetization of RCW 81.80.010 pursuant to RCW 1.08.015(2)(k), subsection (6) was changed to subsection (9).
Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.

catchline: Qualifications and hours of service.


title: RCW 46.73.020

text:
The delegation of rule-making authority contained in RCW 46.73.010 is conditioned upon the continued receipt of federal funds or grants for the support of state enforcement of such rules. Within ninety days of finding that federal funds or grants are withdrawn or not renewed, the Washington state patrol and the Washington utilities and transportation commission shall repeal any and all rules adopted under RCW 46.73.010.
[ 1985 c 333 s 2.]

catchline: Federal funds as necessary condition.


title: RCW 46.73.030

text:
A violation of any rule adopted by the Washington state patrol under RCW 46.73.010 is a traffic infraction.
[ 1985 c 333 s 3.]

catchline: Penalty.


title: RCW 46.74.010

text:
The definitions in this section apply throughout this chapter unless the context clearly indicates otherwise.
(1) "Persons with special transportation needs" has the same meaning as provided in RCW 81.66.010.
(2) "Ride sharing" means a carpool or vanpool arrangement whereby one or more groups not exceeding 15 persons each including the drivers, and not fewer than three persons including the drivers are transported in a passenger motor vehicle with a gross vehicle weight not exceeding 10,000 pounds. "Ride sharing" does not include transportation provided in the normal course of business by entities that are subject to chapters 46.72A, 48.177, 81.66, 81.68, 81.70, and 81.72 RCW, or offer peer-to-peer car sharing. For purposes of this section, "peer-to-peer car sharing" means motor vehicle owners making their motor vehicles available for persons to rent for short periods of time.
(3) "Ride sharing for persons with special transportation needs" means an arrangement whereby a group of persons with special transportation needs, and their attendants, is transported by a public social service agency or a private, nonprofit transportation provider, as defined in RCW 81.66.010, serving persons with special needs, in a passenger motor vehicle as defined by the department to include small buses, cutaways, and modified vans not more than twenty-eight feet long. The driver need not be a person with special transportation needs.
(4) "Ride-sharing operator" means the person, entity, or concern, not necessarily the driver, responsible for the existence and continuance of ride sharing or ride sharing for persons with special transportation needs. The term "ride-sharing operator" includes but is not limited to an employer, an employer's agent, an employer-organized association, a state agency, a county, a city, a public transportation benefit area, a public transportation agency, or any other political subdivision that owns or leases a ride-sharing vehicle.
(5) "Ride-sharing promotional activities" means those activities involved in forming a ride-sharing arrangement including, but not limited to, receiving information from existing and prospective ride-sharing participants, sharing that information with other existing and prospective ride-sharing participants, matching those persons with other existing or prospective ride-sharing participants, and making assignments of persons to ride-sharing arrangements.
[ 2021 c 135 s 2; 2014 c 97 s 501. Prior: 2009 c 557 s 5; prior: 1997 c 250 s 8; 1997 c 95 s 1; 1996 c 244 s 2; 1979 c 111 s 1.]
Notes:
Effective date—2021 c 135: See note following RCW 46.18.285.
Severability—1979 c 111: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 c 111 s 21.]

catchline: Definitions.


title: RCW 46.74.020

text:
Ride-sharing vehicles are not deemed for hire vehicles and do not fall within the provisions of chapter 46.72 RCW or any other provision of Title 46 RCW affecting for hire vehicles, whether or not the ride-sharing operator receives compensation.
[ 1979 c 111 s 2.]
Notes:
Severability—1979 c 111: See note following RCW 46.74.010.

catchline: Exclusion from for hire vehicle laws.


title: RCW 46.74.030

text:
The operator and the driver of a ride-sharing vehicle shall be held to a reasonable and ordinary standard of care, and are not subject to ordinances or regulations which relate exclusively to the regulation of drivers or owners of motor vehicles operated for hire, or other common carriers or public transit carriers. No person, entity, or concern may, as a result of engaging in ride-sharing promotional activities, be liable for civil damages arising directly or indirectly (1) from the maintenance and operation of a ride-sharing vehicle; or (2) from an intentional act of another person who is participating or proposing to participate in a ride-sharing arrangement, unless the ride-sharing operator or promoter had prior, actual knowledge that the intentional act was likely to occur and had a reasonable ability to prevent the act from occurring.
[ 2021 c 135 s 3; 1997 c 250 s 9; 1996 c 244 s 3; 1979 c 111 s 3.]
Notes:
Effective date—2021 c 135: See note following RCW 46.18.285.
Severability—1979 c 111: See note following RCW 46.74.010.

catchline: Operators.


title: RCW 46.74A.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Car sharing delivery period" means the period of time during which a shared vehicle is being delivered to the location of the car sharing start time, if applicable, as documented by the governing car sharing program agreement.
(2) "Car sharing period" means the period of time that commences with the car sharing delivery period or, if there is no car sharing delivery period, that commences with the car sharing start time and in either case ends at the car sharing termination time.
(3) "Car sharing program agreement" means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program. "Car sharing program agreement" does not mean rental car agreement, or similar agreement, as defined in RCW 48.115.005.
(4) "Car sharing start time" means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer–to–peer car sharing program.
(5) "Car sharing termination time" means the earliest of the following events:
(a) The expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to the location agreed upon in the car sharing program agreement;
(b) When the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing program; or
(c) When the shared vehicle owner or the shared vehicle owner's authorized designee, takes possession and control of the shared vehicle.
(6) "Peer-to-peer car sharing" means the authorized use of a vehicle by an individual other than the vehicle's owner through a peer-to-peer car sharing program. "Peer-to-peer car sharing" does not mean retail car rental under chapter 82.08 RCW or rental car as defined in RCW 46.04.465 and 48.115.005.
(7) "Peer-to-peer car sharing program" means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. "Peer-to-peer car sharing program" does not mean rental car company as defined in RCW 48.115.005 or rental car business as defined in RCW 46.04.466.
(8) "Shared vehicle" means a vehicle that is available for sharing through a peer-to-peer car sharing program. "Shared vehicle" does not mean rental car as defined in RCW 46.04.465 and 48.115.005 or retail car rental as defined in RCW 82.08.011.
(9) "Shared vehicle driver" means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement. "Shared vehicle driver" does not mean consumer as used in RCW 82.08.011. "Shared vehicle driver" does not mean renter within the meaning of RCW 48.115.005. A shared vehicle driver is not a person to whom a rental car is made available within the meaning of RCW 46.04.465.
(10) "Shared vehicle owner" means the registered owner of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program. "Shared vehicle owner" does not mean rental car business as defined in RCW 46.04.466. "Shared vehicle owner" does not mean rental car company as defined in RCW 48.115.005.
[ 2022 c 67 s 2.]


title: RCW 46.74A.020

text:
(1)(a) A peer-to-peer car sharing program shall assume the liability, except as provided in (b) of this subsection, of a shared vehicle owner for bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement, which amount may not be less than those set forth in chapter 46.29 RCW.
(b) Notwithstanding the definition of car sharing termination time as provided in RCW 46.74A.010, the assumption of liability under (a) of this subsection does not apply to any shared vehicle owner when:
(i) A shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car sharing program before the car sharing period in which the loss occurred; or
(ii) Acting in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the car sharing program agreement.
(c) Notwithstanding the definition of car sharing termination time as provided in RCW 46.74A.010, the assumption of liability under (a) of this subsection would apply to bodily injury, property damage, uninsured and underinsured motorist, or personal injury protection losses by damaged third parties required by chapter 46.29 RCW.
(d) A peer-to-peer car sharing program shall make certain that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than two times the minimum amounts provided in chapter 46.29 RCW, and:
(i) Recognizes that the shared vehicle insured under the policy is made available and used through a peer-to-peer car sharing program; or
(ii) Does not exclude use of a shared vehicle by a shared vehicle driver.
(e) The insurance coverage described under (d) of this subsection may be satisfied by a motor vehicle liability insurance policy maintained by:
(i) A shared vehicle owner;
(ii) A shared vehicle driver;
(iii) A peer-to-peer car sharing program; or
(iv) Any combination of (e)(i) through (iii) of this subsection.
(f) The insurance policy or policies described in (e) of this subsection that are satisfying the insurance requirement of (d) of this subsection shall be primary during each car sharing period.
(g) The peer-to-peer car sharing program shall assume primary liability for a claim when it is in whole or in part providing the insurance required under (d) and (e) of this subsection and:
(i) A dispute exists as to who was in control of the shared motor vehicle at the time of the loss; and
(ii) The peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required by RCW 46.74A.030. The shared motor vehicle's insurer shall indemnify the peer-to-peer car sharing program to the extent of its obligation under, if any, the applicable insurance policy, if it is determined that the shared motor vehicle's owner was in control of the shared motor vehicle at the time of the loss.
(h) If the insurance policy maintained by a shared vehicle owner or shared vehicle driver in accordance with (e) of this subsection has lapsed or does not provide the required insurance coverage, the insurance policy maintained by a peer-to-peer car sharing program shall provide the insurance coverage required by (d) of this subsection beginning with the first dollar of a claim and shall have the duty to defend such claim except under circumstances as provided in (b) of this subsection.
(i) Coverage under a motor vehicle liability insurance policy maintained by the peer-to-peer car sharing program is not dependent on another motor vehicle insurer first denying a claim nor shall another motor vehicle liability insurance policy be required to first deny a claim.
(j) Nothing in this chapter:
(i) Limits the liability of the peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program; or
(ii) Limits the ability of the peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.
(2) At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the use of the shared vehicle through a peer-to-peer car sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.
(3)(a) An authorized insurer that writes motor vehicle liability insurance in the state may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owner's motor vehicle liability insurance policy including, but not limited to:
(i) Liability coverage for bodily injury and property damage;
(ii) Personal injury protection coverage;
(iii) Uninsured and underinsured motorist coverage;
(iv) Medical payments coverage;
(v) Comprehensive physical damage coverage; and
(vi) Collision physical damage coverage.
(b) Nothing in this chapter invalidates or limits an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire, or for any business use.
(4) A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a vehicle including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and provide that information upon request to the shared vehicle owner, the shared vehicle owner's insurer, or the shared vehicle driver's insurer to facilitate a claim coverage investigation. The peer-to-peer car sharing program shall retain the records for a time period not less than the applicable personal injury statute of limitations.
(5) A peer-to-peer car sharing program and a shared vehicle owner shall be exempt from vicarious liability consistent with 49 U.S.C. Sec. 30106 and under any state or local law that imposes liability solely based on vehicle ownership.
(6) A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car sharing program if the claim is:
(a) Made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period; and
(b) Excluded under the terms of its policy.
(7)(a) Notwithstanding any other law, statute, rule, or regulation to the contrary, a peer-to-peer car sharing program shall have an insurable interest in a shared vehicle during the car sharing period.
(b) Nothing in this section obligates a peer-to-peer car sharing program to maintain a liability insurance policy for the liability assumed under subsection (1) of this section.
(c) A peer–to–peer car sharing program may own and maintain as the named insured one or more policies of motor vehicle liability insurance that provides coverage for:
(i) Liabilities assumed by the peer–to–peer car sharing program under a peer–to–peer car sharing program agreement;
(ii) Any liability of the shared vehicle owner; or
(iii) Damage or loss to the shared motor vehicle, or any liability of the shared vehicle driver.
[ 2022 c 67 s 3.]

catchline: Assumption of liability.


title: RCW 46.74A.030

text:
(1) Each car sharing program agreement made in the state shall disclose to the shared vehicle owner and the shared vehicle driver:
(a) Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement;
(b) That a motor vehicle liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program;
(c) That the peer-to-peer car sharing program's insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not have insurance coverage;
(d) The daily rate, fees, and if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver;
(e) That the shared vehicle owner's motor vehicle liability insurance may not provide coverage for a shared vehicle;
(f) An emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries; and
(g) If there are conditions under which a shared vehicle driver must maintain a personal motor vehicle insurance policy with certain applicable coverage limits on a primary basis in order to book a shared motor vehicle.
(2)(a) A peer-to-peer car sharing program may not enter into a peer-to-peer car sharing program agreement with a driver unless the driver who will operate the shared vehicle:
(i) Holds a driver's license issued in this state authorizing the driver to operate vehicles of the class of the shared vehicle;
(ii) Is a nonresident who:
(A) Has a driver's license issued by the state or country of the driver's residence that authorizes the driver in that state or country to drive vehicles of the class of the shared vehicle; and
(B) Is at least the same age as that required of a resident to drive; or
(iii) Otherwise is specifically authorized to drive vehicles of the class of the shared vehicle.
(b) A peer-to-peer car sharing program shall keep a record of:
(i) The name and address of the shared vehicle driver;
(ii) The number of the driver's license of the shared vehicle driver and each other person, if any, who will operate the shared vehicle; and
(iii) The place of issuance of the driver's license.
(3) A peer-to-peer car sharing program shall have sole responsibility for any equipment, such as a global positioning system or other special equipment that is put in or on the vehicle to monitor or facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the vehicle owner for any damage to or theft of such equipment during the sharing period not caused by the vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to such equipment that occurs during the sharing period.
(4)(a) At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall:
(i) Verify that the shared vehicle does not have any safety recalls on the vehicle for which the repairs have not been made; and
(ii) Notify the shared vehicle owner of the requirements under (b) of this subsection.
(b) If the shared vehicle owner has received an actual notice of a safety recall on the vehicle, a shared vehicle owner may not make a vehicle available as a shared vehicle on a peer-to-peer car sharing program until the safety recall repair has been made.
(i) If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is made available on the peer-to-peer car sharing program, the shared vehicle owner shall remove the shared vehicle as available on the peer-to-peer car sharing program, as soon as practicably possible after receiving the notice of the safety recall and until the safety recall repair has been made.
(ii) If a shared vehicle owner receives an actual notice of a safety recall while the shared vehicle is being used in the possession of a shared vehicle driver, as soon as practicably possible after receiving the notice of the safety recall, the shared vehicle owner shall notify the peer-to-peer car sharing program about the safety recall so that the shared vehicle owner may address the safety recall repair.
[ 2022 c 67 s 4.]

catchline: Car sharing program agreement—Disclosures—Requirements.


title: RCW 46.74A.900

text:
This act may be known and cited as the peer-to-peer vehicle sharing program act.
[ 2022 c 67 s 1.]

catchline: Short title—2022 c 67.


title: RCW 46.74A.901

text:
This act takes effect January 1, 2023.
[ 2022 c 67 s 7.]

catchline: Effective date—2022 c 67.


title: RCW 46.75.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of licensing.
(2) "Eligible entity" means a corporation, partnership, association, firm, sole proprietorship, or other entity engaged in business.
(3) "Hazardous material" means any material that has been designated as hazardous under 49 U.S.C. Sec. 5103, and is required to be placarded under subpart F of 49 C.F.R. Part 172.
(4) "Personal delivery device" means an electrically powered device to which all of the following apply:
(a) The device is intended primarily to transport property on sidewalks and crosswalks;
(b) The device weighs less than one hundred twenty pounds, excluding any property being carried in the device;
(c) The device will operate at a maximum speed of six miles per hour; and
(d) The device is equipped with automated driving technology, including software and hardware, enabling the operation of the device, with the support and supervision of a remote personal delivery device operator.
(5)(a) "Personal delivery device operator" means an employee or agent of an eligible entity who has the capability to control or monitor the navigation and operation of a personal delivery device.
(b) "Personal delivery device operator" does not include:
(i) With respect to a delivery or other service rendered by a personal delivery device, the person who requests the delivery or service; or
(ii) A person who only arranges for and dispatches a personal delivery device for a delivery or other service.
[ 2019 c 214 s 1.]
Notes:
Effective date—2019 c 214: "This act takes effect September 1, 2019." [ 2019 c 214 s 22.]


title: RCW 46.75.020

text:
An eligible entity may operate a personal delivery device so long as all of the following requirements are met:
(1) The personal delivery device is operated in accordance with all ordinances, resolutions, rules and regulations established by the jurisdiction governing the rights-of-way within which the personal delivery device is operated;
(2) An eligible entity may operate a personal delivery device only upon:
(a) Crosswalks; and
(b)(i) Sidewalks; or
(ii) If a sidewalk is not provided or is not accessible, an area where a pedestrian is permitted to travel, subject to RCW 46.61.250, provided that the adjacent roadway has a speed limit of less than forty-five miles per hour;
(3) A personal delivery device operator is controlling or monitoring the navigation and operation of the personal delivery device;
(4) The eligible entity maintains an insurance policy that includes general liability coverage of not less than one hundred thousand dollars for damages arising from the operation of the personal delivery device by the eligible entity and any agent of the eligible entity;
(5) The eligible entity must report any incidents, resulting in personal injury or property damage that meets the accident reporting threshold for property damage under RCW 46.52.030(5), to the law enforcement agency of the local jurisdiction governing the right-of-way containing the sidewalk, crosswalk, or roadway where the incident occurred, within forty-eight hours of the incident;
(6) The eligible entity registers an agent located in Washington state for the purposes of addressing traffic infractions and incidents involving personal delivery devices operated by the eligible entity;
(7) The eligible entity submits a self-certification form to the department with the information required under RCW 46.75.030, both before operating a personal delivery device and on an annual basis thereafter;
(8) The personal delivery device is equipped with all of the following:
(a) A marker that clearly identifies the name and contact information of the eligible entity operating the personal delivery device, a unique identification number for the device, and the name and contact information including a mailing address of the agent required to be registered under subsection (6) of this section;
(b) A braking system that enables the personal delivery device to come to a controlled stop; and
(c) If the personal delivery device is being operated between sunset and sunrise, a light on both the front and rear of the personal delivery device that is visible on all sides of the personal delivery device in clear weather from a distance of at least five hundred feet to the front and rear of the personal delivery device when directly in front of low beams of headlights on a motor vehicle; and
(9) A delivery device may not be operated in Washington until it has been added to the list in the self-certification and the annual registration fee has been paid.
[ 2019 c 214 s 2.]
Notes:
Effective date—2019 c 214: See note following RCW 46.75.010.

catchline: Operation—Requirements.


title: RCW 46.75.030

text:
The department of licensing shall create a self-certification form for an eligible entity to submit prior to operating a personal delivery device and thereafter on an annual basis. Through the form, the department must obtain:
(1) The name and address of the eligible entity and its registered agent within Washington, including the registered agent's name, address, and driver's license number, and any other information the department may require;
(2) The name of the jurisdiction in which the personal delivery device will be operated;
(3) An acknowledgment by the eligible entity that: (a) Each personal delivery device will display a unique identification number and other information specified in RCW 46.75.020(8); and (b) the registered agent is responsible for any infraction committed by its personal delivery device;
(4) An affirmation by the eligible entity that it possesses insurance as required in RCW 46.75.020;
(5) A list of any incidents, as described in RCW 46.75.020(5), and any traffic infractions, as described in RCW 46.75.050, involving any personal delivery device operated by the eligible entity in Washington state in the previous year; and
(6) A list of each device identified by a unique identification number that the eligible entity intends to operate in the state during the year and payment of a fee of fifty dollars per personal delivery device listed. The fee must be deposited into the motor vehicle fund. The list must be updated and the fee paid prior to the eligible entity operating a device not listed in the annual self-certification.
[ 2019 c 214 s 3.]
Notes:
Effective date—2019 c 214: See note following RCW 46.75.010.

catchline: Self-certification form.


title: RCW 46.75.040

text:
(1) A personal delivery device may not be operated to transport hazardous material, in a quantity and form that may pose an unreasonable risk to health, safety, or property when transported in commerce.
(2) A personal delivery device may not be operated to transport beer, wine, spirits, or other consumable alcohol.
[ 2019 c 214 s 4.]
Notes:
Effective date—2019 c 214: See note following RCW 46.75.010.

catchline: Restrictions.


title: RCW 46.75.050

text:
(1) A violation of this chapter, or of chapter 46.61 RCW by a personal delivery device, is a traffic infraction. A notice of infraction must be mailed to the registered agent listed on the personal delivery device within fourteen days of the violation.
(2) The registered agent of the eligible entity operating a personal delivery device is responsible for an infraction under RCW 46.63.030(1).
(3) Infractions committed by a personal delivery device are not part of the registered agent's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions issued under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(2). The amount of the fine issued for an infraction issued under this section shall not exceed the amount of a fine issued for other parking infractions within the jurisdiction.
[ 2019 c 214 s 5.]
Notes:
Effective date—2019 c 214: See note following RCW 46.75.010.

catchline: Violation—Traffic infraction—Notice.


title: RCW 46.76.010

text:
It shall be unlawful for any person, firm, partnership, association, or corporation to engage in the business of delivering by the driveaway or towaway methods vehicles not his or her own and of a type required to be registered under the laws of this state, without procuring a transporter's license in accordance with the provisions of this chapter.
This shall not apply to motor freight carriers or operations regularly licensed under the provisions of chapter 81.80 RCW to haul such vehicles on trailers or semitrailers.
Driveaway or towaway methods means the delivery service rendered by a motor vehicle transporter wherein motor vehicles are driven singly or in combinations by the towbar, saddlemount or fullmount methods or any lawful combinations thereof, or where a truck or truck tractor draws or tows a semitrailer or trailer.
[ 2010 c 8 s 9092; 1961 c 12 s 46.76.010. Prior: 1957 c 107 s 1; 1953 c 155 s 1; 1947 c 97 s 1; Rem. Supp. 1947 s 6382-75.]

catchline: License required—Exceptions—"Driveaway or towaway methods" defined.


title: RCW 46.76.015

text:
(1) Any automotive repair facility may procure a transporter's license in accordance with this chapter for the purpose of evaluating vehicles in need of repair, or that have been repaired, on the public roads of this state.
(2) This section may not be construed as requiring an automotive repair facility to obtain a transporter's license.
(3) For the purposes of this section, "automotive repair facility" or "repair facility" has the same meaning as defined in RCW 46.71.011. "Automotive repair facility" or "repair facility" includes entities that perform commercial fleet repair or maintenance transactions involving two or more vehicles, or that perform ongoing service or maintenance contracts involving vehicles used primarily for business purposes.
[ 2018 c 16 s 1.]

catchline: Automotive repair facility may procure transporter's license.


title: RCW 46.76.020

text:
Application for a transporter's license shall be made on a form provided for that purpose by the director of licensing and when executed shall be forwarded to the director together with the proper fee. The application shall contain the name and address of the applicant, state whether or not the license will be used to provide towing services for monetary compensation as described in RCW 46.55.025 and, if so, whether or not the applicant is a registered tow truck operator, and contain other information as the director may require.
[ 2008 c 19 s 1; 1979 c 158 s 189; 1967 c 32 s 91; 1961 c 12 s 46.76.020. Prior: 1947 c 97 s 2; Rem. Supp. 1947 s 6382-76.]

catchline: Application for license.


title: RCW 46.76.030

text:
Upon receiving an application for transporter's license the director, if satisfied that the applicant is entitled thereto, shall issue a proper certificate of license registration and up to three distinctive sets of license plates or an indicator tab pursuant to RCW 46.55.065 and shall transmit the fees obtained therefor with a proper identifying report to the state treasurer, who shall deposit such fees in the motor vehicle fund. The certificate of license registration and license plates or indicator tab issued by the director shall authorize the holder of the license to drive or tow any motor vehicle or trailers upon the public highways of Washington state. The director, if satisfied that the applicant has sufficient business need, may issue more than three, but no more than 10, sets of license plates to meet the business need of the applicant. Registered tow truck operators licensed under chapter 46.55 RCW are not subject to this limit, with respect to indicator tabs.
[ 2021 c 161 s 1; 2018 c 135 s 3; 1967 c 32 s 92; 1961 c 12 s 46.76.030. Prior: 1947 c 97 s 3; Rem. Supp. 1947 s 6382-77.]
Notes:
Effective date—2021 c 161: "This act takes effect January 1, 2022." [ 2021 c 161 s 6.]
Findings—Effective date—2018 c 135: See notes following RCW 46.55.065.

catchline: Issuance of license—Plates, indicator tabs.


title: RCW 46.76.040

text:
The fee for an original transporter's license is $150. Transporter license number plates bearing an appropriate symbol and serial number or an indicator tab pursuant to RCW 46.55.065 must be attached to all vehicles being delivered or evaluated in the conduct of the business licensed under this chapter. The plates may be obtained for a fee of $50 for each set. Indicator tabs may be obtained by a registered tow truck operator licensed under chapter 46.55 RCW for a fee of $2 per tab.
[ 2021 c 161 s 2; 2019 c 44 s 7; 2018 c 16 s 2; 1990 c 250 s 68; 1961 c 12 s 46.76.040. Prior: 1957 c 107 s 2; 1947 c 97 s 4; Rem. Supp. 1947 s 6382-78.]
Notes:
Effective date—2021 c 161: See note following RCW 46.76.030.
Effective date—2019 c 44 ss 6 and 7: See note following RCW 46.55.065.

catchline: License and plate or indicator tab fees.


title: RCW 46.76.050

text:
A transporter's license expires on the date assigned by the director, and may be renewed by filing a proper application and paying an annual fee of $100.
[ 2021 c 161 s 3; 1985 c 109 s 3; 1961 c 12 s 46.76.050. Prior: 1947 c 97 s 5; Rem. Supp. 1947 s 6382-79.]
Notes:
Effective date—2021 c 161: See note following RCW 46.76.030.

catchline: Expiration, renewal—Fee.


title: RCW 46.76.055

text:
Notwithstanding any provision of law to the contrary, the director may extend or diminish the licensing period of transporters for the purpose of staggering renewal periods. The extension or diminishment shall be by rule of the department adopted in accordance with chapter 34.05 RCW.
[ 1985 c 109 s 4.]

catchline: Staggering renewal periods.


title: RCW 46.76.060

text:
Transporter's license plates or indicator tabs pursuant to RCW 46.55.065 must be conspicuously displayed on all vehicles being delivered by the driveaway or towaway methods or being driven on the public roads of the state for the purpose of repair evaluation. These plates or indicator tabs must not be loaned to or used by any person other than the holder of the license or his or her employees. If a transporter license plate or indicator tab is lost, stolen, or damaged, the holder of the license must report the event to the department within 10 days of discovering that the transporter license plate or indicator tab has been lost, stolen, or damaged.
[ 2021 c 161 s 4. Prior: 2018 c 135 s 4; 2018 c 16 s 3; 2010 c 8 s 9093; 1961 c 12 s 46.76.060; prior: 1957 c 107 s 3; 1947 c 97 s 6; Rem. Supp. 1947 s 6382-80.]
Notes:
Effective date—2021 c 161: See note following RCW 46.76.030.
Findings—Effective date—2018 c 135: See notes following RCW 46.55.065.

catchline: Display of plates, indicator tabs—Nontransferability.


title: RCW 46.76.065

text:
The following conduct shall be sufficient grounds pursuant to RCW 34.05.422 for the director or a designee to deny, suspend, or revoke the license of a motor vehicle transporter:
(1) Using transporter plates or indicator tabs pursuant to RCW 46.55.065 for driveaway or towaway of any vehicle owned by such transporter;
(2) Knowingly, as that term is defined in RCW 9A.08.010(1)(b), having possession of a stolen vehicle or a vehicle with a defaced, missing, or obliterated manufacturer's identification serial number;
(3) Loaning transporter plates or indicator tabs;
(4) Using transporter plates or indicator tabs for any purpose other than as provided under RCW 46.76.010 or 46.76.015;
(5) Violation of provisions of this chapter or of rules and regulations adopted relating to enforcement and proper operation of this chapter; or
(6) Using transporter plates on public highways located outside of Washington state.
[ 2021 c 161 s 5. Prior: 2018 c 135 s 5; 2018 c 16 s 4; 1977 ex.s. c 254 s 1.]
Notes:
Effective date—2021 c 161: See note following RCW 46.76.030.
Findings—Effective date—2018 c 135: See notes following RCW 46.55.065.

catchline: Grounds for denial, suspension, or revocation of license.


title: RCW 46.76.067

text:
(1) Any person or organization that transports any mobile home or other vehicle for hire shall comply with this chapter and chapter 81.80 RCW. Persons or organizations that do not have a valid permit or meet other requirements under chapter 81.80 RCW shall not be issued a transporter license or transporter plates or an indicator tab pursuant to RCW 46.55.065 to transport mobile homes or other vehicles. RCW 46.76.065(5) applies to persons or organizations that have transporter licenses or plates or indicator tabs and do not meet the requirements of chapter 81.80 RCW.
(2) This section does not apply to mobile home manufacturers or dealers that are licensed and delivering the mobile home under chapter 46.70 RCW.
[ 2018 c 135 s 6; 1988 c 239 s 4.]
Notes:
Findings—Effective date—2018 c 135: See notes following RCW 46.55.065.

catchline: Compliance with chapter 81.80 RCW.


title: RCW 46.76.070

text:
The director may make any reasonable rules or regulations not inconsistent with the provisions of this chapter relating to the enforcement and proper operation of this chapter.
[ 1967 c 32 s 93; 1961 c 12 s 46.76.070. Prior: 1947 c 97 s 7; Rem. Supp. 1947 s 6382-81.]

catchline: Rules.


title: RCW 46.76.080

text:
The violation of any provision of this chapter is a traffic infraction. In addition to any other penalty imposed upon a violator of the provisions of this chapter, the director may confiscate any transporter license plates or indicator tabs used in connection with such violation.
[ 2018 c 135 s 7; 1979 ex.s. c 136 s 96; 1961 c 12 s 46.76.080. Prior: 1947 c 97 s 8; Rem. Supp. 1947 s 6382-82.]
Notes:
Findings—Effective date—2018 c 135: See notes following RCW 46.55.065.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Penalty.


title: RCW 46.79.010

text:
The definitions set forth in this section apply throughout this chapter unless the context indicates otherwise.
(1) "Junk vehicle" means a motor vehicle certified under RCW 46.55.230 as meeting all the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Is without a valid, current registration plate;
(e) Has a fair market value equal only to the value of the scrap in it.
(2) "Scrap processor" means a licensed establishment that maintains a hydraulic baler and shears, or a shredder for recycling salvage.
(3) "Demolish" means to destroy completely by use of a hydraulic baler and shears, or a shredder.
(4) "Hulk hauler" means any person who deals in vehicles for the sole purpose of transporting and/or selling them to a licensed vehicle wrecker or scrap processor in substantially the same form in which they are obtained. A hulk hauler may not sell secondhand motor vehicle parts to anyone other than a licensed vehicle wrecker or scrap processor, except for those parts specifically enumerated in RCW 46.79.020(2), as now or hereafter amended, which may be sold to a licensed vehicle wrecker or disposed of at a public facility for waste disposal.
(5) "Director" means the director of licensing.
(6) "Major component parts" include engines and short blocks, frames, transmissions or transfer cases, cabs, doors, front or rear differentials, front or rear clips, quarter panels or fenders, bumpers, truck beds or boxes, seats, hoods, and catalytic converters.
[ 2024 c 301 s 13; 2001 c 64 s 10; 1990 c 250 s 69; 1983 c 142 s 2; 1979 c 158 s 190; 1971 ex.s. c 110 s 1.]
Notes:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.

catchline: Definitions.


title: RCW 46.79.020

text:
Any hulk hauler or scrap processor licensed under the provisions of this chapter may:
(1) Notwithstanding any other provision of law, transport any flattened or junk vehicle whether such vehicle is from in state or out of state, to a scrap processor upon obtaining the certificate of title or release of interest from the owner or an affidavit of sale from the landowner who has complied with RCW 46.55.230. The scrap processor shall forward such document(s) to the department, together with a monthly report of all vehicles acquired from other than a licensed automobile wrecker, and no further identification shall be necessary.
(2) Prepare vehicles and vehicle salvage for transportation and delivery to a scrap processor or vehicle wrecker only by removing the following vehicle parts:
(a) Gas tanks;
(b) Vehicle seats containing springs;
(c) Tires;
(d) Wheels;
(e) Scrap batteries;
(f) Scrap radiators.
Such parts may not be removed if they will be accepted by a scrap processor or wrecker. Such parts may be removed only at a properly zoned location, and all preparation activity, vehicles, and vehicle parts shall be obscured from public view. Storage is limited to two vehicles or the parts thereof which are authorized by this subsection, and any such storage may take place only at a properly zoned location. Any vehicle parts removed under the authority of this subsection shall be lawfully disposed of at or through a public facility or service for waste disposal or by sale to a licensed vehicle wrecker.
[ 2001 c 64 s 11; 1990 c 250 s 70; 1987 c 62 s 1; 1983 c 142 s 3; 1979 c 158 s 191; 1971 ex.s. c 110 s 2.]

catchline: Transporting junk vehicles to scrap processor—Removal of parts, restrictions.


title: RCW 46.79.030

text:
Application for a hulk hauler's license or a scrap processor's license or renewal of a hulk hauler's license or a scrap processor's license shall be made on a form for this purpose, furnished by the director, and shall be signed by the applicant or his or her authorized agent and shall include the following information:
(1) Name and address of the person, firm, partnership, association, or corporation under which name the business is to be conducted;
(2) Names and residence address of all persons having an interest in the business or, if the owner is a corporation, the names and addresses of the officers thereof;
(3) Certificate of approval of the chief of police of any city or town, wherever located, having a population of over five thousand persons and in all other instances a member of the state patrol certifying that the applicant can be found at the address shown on the application; and
(4) Any other information that the director may require.
[ 2010 c 8 s 9094; 1971 ex.s. c 110 s 3.]

catchline: Application for license, renewal—Form—Signature—Contents.


title: RCW 46.79.040

text:
Application for a hulk hauler's license, together with a fee of ten dollars, or application for a scrap processor's license, together with a fee of twenty-five dollars, shall be forwarded to the director. Upon receipt of the application the director shall, if the application be in order, issue the license applied for authorizing him or her to do business as such and forward the fee, together with an itemized and detailed report, to the state treasurer, to be deposited in the motor vehicle fund. Upon receiving the certificate the owner shall cause it to be prominently displayed at the address shown in his or her application, where it may be inspected by an investigating officer at any time.
[ 2010 c 8 s 9095; 1971 ex.s. c 110 s 4.]

catchline: Application forwarded with fees—Issuance of license—Disposition of fees—Display of license.


title: RCW 46.79.050

text:
A license issued pursuant to this chapter expires on the date assigned by the director, and may be renewed by filing a proper application and payment of a fee of ten dollars.
Whenever a hulk hauler or scrap processor ceases to do business or the license has been suspended or revoked, the license shall immediately be surrendered to the director.
[ 1985 c 109 s 5; 1983 c 142 s 4; 1971 ex.s. c 110 s 5.]

catchline: License expiration—Renewal fee—Surrender of license, when.


title: RCW 46.79.055

text:
Notwithstanding any provision of law to the contrary, the director may extend or diminish the licensing period of hulk haulers and scrap processors for the purpose of staggering renewal periods. The extension or diminishment shall be by rule of the department adopted in accordance with chapter 34.05 RCW.
[ 1985 c 109 s 6.]


title: RCW 46.79.060

text:
The hulk hauler or scrap processor shall obtain a special set of license plates or an indicator tab pursuant to RCW 46.55.065 in addition to the regular licenses and plates required for the operation of vehicles owned and/or operated by him or her and used in the conduct of his or her business. Such special license shall be displayed on the operational vehicles and shall be in lieu of a trip permit or current license on any vehicle being transported. The fee for these plates shall be five dollars for the original plates and two dollars for each additional set of plates bearing the same license number.
[ 2018 c 135 s 8; 2010 c 8 s 9096; 1971 ex.s. c 110 s 6.]
Notes:
Findings—Effective date—2018 c 135: See notes following RCW 46.55.065.

catchline: Special license plates, indicator tabs—Fee.


title: RCW 46.79.070

text:
The director may by order pursuant to the provisions of chapter 34.05 RCW, deny, suspend, or revoke the license of any hulk hauler or scrap processor or, in lieu thereof or in addition thereto, may by order assess monetary penalties of a civil nature not to exceed five hundred dollars per violation, whenever the director finds that the applicant or licensee:
(1) Removed a vehicle or vehicle major component part from property without obtaining both the written permission of the property owner and documentation approved by the department for acquiring vehicles, junk vehicles, or major component parts thereof;
(2) Acquired, disposed of, or possessed a vehicle or major component part thereof when he or she knew that such vehicle or part had been stolen or appropriated without the consent of the owner;
(3) Sold, bought, received, concealed, had in his or her possession, or disposed of a vehicle or major component part thereof having a missing, defaced, altered, or covered manufacturer's identification number, unless approved by a law enforcement officer;
(4) Committed forgery or made any material misrepresentation on any document relating to the acquisition, disposition, registration, titling, or licensing of a vehicle pursuant to Title 46 RCW;
(5) Committed any dishonest act or omission which has caused loss or serious inconvenience as a result of the acquisition or disposition of a vehicle or any major component part thereof;
(6) Failed to comply with any of the provisions of this chapter or other applicable law relating to registration and certificates of title of vehicles and any other document releasing any interest in a vehicle;
(7) Been authorized to remove a particular vehicle or vehicles and failed to take all remnants and debris from those vehicles from that area unless requested not to do so by the person authorizing the removal;
(8) Removed parts from a vehicle at other than an approved location or removed or sold parts or vehicles beyond the scope authorized by this chapter or any rule adopted hereunder;
(9) Been adjudged guilty of a crime which directly relates to the business of a hulk hauler or scrap processor and the time elapsed since the adjudication is less than five years. For the purposes of this section adjudged guilty means, in addition to a final conviction in either a federal, state, or municipal court, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt regardless of whether the imposition of sentence is deferred or the penalty is suspended; or
(10) Been the holder of a license issued pursuant to this chapter which was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of the suspension have not been fulfilled, or which license was assessed a civil penalty and the assessed amount has not been paid.
[ 1990 c 250 s 71; 1983 c 142 s 5; 1971 ex.s. c 110 s 7.]

catchline: Acts subject to penalties.


title: RCW 46.79.080

text:
The director is hereby authorized to promulgate and adopt reasonable rules and regulations not in conflict with provisions hereof for the proper operation and enforcement of this chapter.
[ 1971 ex.s. c 110 s 8.]


title: RCW 46.79.090

text:
It shall be the duty of the chiefs of police, or the Washington state patrol, in cities having a population of over five thousand persons, and in all other cases the Washington state patrol, to make periodic inspection of the hulk hauler's or scrap processor's premises and records provided for in this chapter, and furnish a certificate of inspection to the director in such manner as may be determined by the director: PROVIDED, That the above inspection in any instance can be made by an authorized representative of the department.
The department is hereby authorized to enlist the services and cooperation of any law enforcement officer or state agency of another state to inspect the premises of any hulk hauler or scrap processor whose established place of business is in that other state but who is licensed to transport automobile hulks within Washington state.
[ 1983 c 142 s 6; 1971 ex.s. c 110 s 9.]

catchline: Inspection of premises and records—Certificate of inspection.


title: RCW 46.79.100

text:
Any municipality or political subdivision of this state which now has or subsequently makes provision for the regulation of hulk haulers or scrap processors shall comply strictly with the provisions of this chapter.
[ 1971 ex.s. c 110 s 10.]

catchline: Other provisions to comply with chapter.


title: RCW 46.79.110

text:
Nothing contained in this chapter shall be construed to prohibit: Any individual not engaged in business as a hulk hauler or scrap processor from towing any vehicle owned by him or her to any vehicle wrecker or scrap processor, or a registered tow truck operator from transporting an abandoned recreational vehicle under RCW 46.53.010 in compliance with this chapter.
[ 2018 c 287 s 3; 2001 c 64 s 12; 1983 c 142 s 7; 1971 ex.s. c 110 s 11.]
Notes:
Findings—Implementation—Effective date—2018 c 287: See notes following RCW 46.55.400.

catchline: Chapter not to prohibit individual towing of vehicles to wreckers or processors, registered tow truck operators from transporting abandoned recreational vehicles.


title: RCW 46.79.120

text:
Any hulk hauler or scrap processor who engages in the business of hulk hauling or scrap processing without holding a current license issued by the department for authorization to do so, or, holding such a license, exceeds the authority granted by that license, is guilty of a gross misdemeanor.
[ 1983 c 142 s 8.]

catchline: Unlicensed hulk hauling or scrap processing—Penalty.


title: RCW 46.79.130

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 4.]

catchline: Wholesale motor vehicle auction dealers.


title: RCW 46.79.140

text:
(1) No person may engage in the business of disassembling or de-canning a catalytic converter for removal or processing of the internal core to extract platinum, palladium, rhodium, or other metals, unless the person is a licensed scrap processor under this chapter.
(2) Any licensed scrap processor engaged in disassembling or de-canning catalytic converters as described in this section shall maintain the records of every catalytic converter the scrap processor disassembles or de-cans in accordance with the recordkeeping requirements of this chapter and other provisions of the law.
(3) Any licensed scrap processor engaged in disassembling or de-canning catalytic converters as described in this section shall implement a 30-day waiting period between the purchase and disassembly or de-canning of a catalytic converter, unless the scrap processor is also the registered owner of the originating vehicle.
[ 2024 c 301 s 14.]
Notes:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.

catchline: Catalytic converters—Disassembling and de-canning.


title: RCW 46.79.150

text:
(1) Payment to individual sellers of catalytic converters that have been removed from a vehicle may not be made at the time of the transaction and shall not be paid earlier than three business days after the transaction was made.
(2) No transaction involving catalytic converters that have been removed from a vehicle may be made in cash or with any person who does not provide a street address and photographic identification. The person with whom the transaction is being made may only be paid by a nontransferable check, mailed by the licensed scrap processor to the street address recorded according to this section, no earlier than three days after the transaction was made. A transaction occurs on the date provided in the record required under this section.
(3) A record of each purchase of catalytic converters that have been removed from a vehicle must be kept for three years following the date of the transaction and be open to inspection by any commissioned law enforcement officer of the state or any of its political subdivisions at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept. The record shall include, at a minimum, the following elements:
(a) The time, date, location, and value of the transaction;
(b) The name of the employee representing the scrap processor in the transaction;
(c) The name, street address, and telephone number of the person with whom the transaction is made;
(d) The license plate number and state of issuance of the license plate on the motor vehicle used to deliver the catalytic converter or converters subject to the transaction;
(e) A description of the motor vehicle used to deliver the catalytic converter or converters subject to the transaction;
(f) A copy of the seller's current driver's license or other government-issued picture identification card;
(g) The vehicle identification number of the vehicle from which the catalytic converter was removed;
(h) A declaration signed by the seller that states substantially the following:
"I, the undersigned, affirm under penalty of law that the property that is subject to this transaction is not to the best of my knowledge stolen property and the information provided by me is accurate."; and
(i) A photo of the catalytic converter that includes the vehicle identification number marking required under RCW 9A.82.180.
(4) This section does not apply to the purchase of material from a licensed business that manufactures catalytic converters in the ordinary course of its legal business.
[ 2024 c 301 s 15.]
Notes:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.


title: RCW 46.79.160

text:
The license fees required under RCW 46.79.040 and 46.79.050 for a scrap processor's license must also include a $500 catalytic converter inspection fee, to be deposited in the state patrol highway account, in order to support the activities of the Washington state patrol under RCW 43.43.888.
[ 2024 c 301 s 16.]
Notes:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.

catchline: Catalytic converters—Inspection fee.


title: RCW 46.80.005

text:
The legislature finds and declares that the distribution and sale of vehicle parts in the state of Washington vitally affects the general economy of the state and the public interest and the public welfare, and that in order to promote the public interest and the public welfare and in the exercise of its police power, it is necessary to regulate and license vehicle wreckers and dismantlers, the buyers-for-resale, and the sellers of secondhand vehicle components doing business in Washington, in order to prevent the sale of stolen vehicle parts, to prevent frauds, impositions, and other abuses, and to preserve the investments and properties of the citizens of this state.
[ 1995 c 256 s 3; 1977 ex.s. c 253 s 1.]
Notes:
Severability—1977 ex.s. c 253: "If any provision of this 1977 amendatory act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the amendatory act and the applicability thereof to persons and circumstances shall not be affected thereby." [ 1977 ex.s. c 253 s 14.]

catchline: Legislative declaration.