In re Impoundment of Chevrolet Truck

• Decision Date: 12 December 2002
• Docket Number: No. 71848-2.,71848-2.
• Citation: 60 P.3d 53,148 Wash.2d 145
• Parties: In re IMPOUNDMENT OF CHEVROLET TRUCK, WA LICENSE # A00125A By and Through its REGISTERED/LEGAL OWNER. All Around Underground, Inc., a Washington corporation, Petitioner, v. State of Washington, Washington State Patrol, an agency of the State of Washington; and Auburn Valley Towing, Respondents. American L.S. Maintenance, Inc., Respondent, v. State of Washington, Washington State Patrol, an agency of the State of Washington, Petitioner.
• Court: Washington Supreme Court

60 P.3d 53

148 Wash.2d 145

In re IMPOUNDMENT OF CHEVROLET TRUCK, WA LICENSE # A00125A By and Through its REGISTERED/LEGAL OWNER.

All Around Underground, Inc., a Washington corporation, Petitioner, v. State of Washington, Washington State Patrol, an agency of the State of Washington; and Auburn Valley Towing, Respondents.

American L.S. Maintenance, Inc., Respondent, v. State of Washington, Washington State Patrol, an agency of the State of Washington, Petitioner.

No. 71848-2.

Supreme Court of Washington, En Banc.

Argued May 23, 2002.

Decided December 12, 2002.

Rhys Sterling, Attorney at Law, Hobart, WA, for Petitioners.

Christine Gregoire, Attorney General, Gregory Brunson, Linda Dalton, Suzanne Shaw, Assistants, Olympia, WA, Crandall, Long & O'Neill, Duane Crandall, Longview, WA, for Respondents.

McGavick Graves, PS, Loren Combs, Tacoma, WA, Federal Way City Attorney's Office, Bob Sterbank, Olympia, WA, Asst. City Attorney-Criminal Division, Richard Greene, Seattle, City Atty's Office, William Fosbre, Everett, WA, Nancy Talner, Attorney at Law, Kenmore, WA, David Girard, Attorney at Law, Edmonds, WA, for amici curiae.

SANDERS, J.

These consolidated cases challenge a Washington State Patrol regulation which mandates troopers impound every vehicle driven by one who is arrested for driving with a suspended or revoked license. The claim is this regulation violates the prohibition against unreasonable seizures of property embodied in article I, section 7, of the Washington constitution as well as the Fourth Amendment to the United States Constitution. However, we are able to avoid the constitutional issue by resolving the case on statutory grounds.

FACTS

All Around Underground, Inc. v. State

In October 2000 a Washington State Patrol trooper stopped a van owned by All Around Underground, Inc. (All Around), because it did not have an observable rear cross view device or posted gross vehicle weight signs. The trooper learned the driver's driving privileges were suspended and cited him accordingly. The owner of All Around was also present at the scene, but was informed by the trooper that because the driver did not have a valid license the van had to be impounded pursuant to a State Patrol regulation even though the owner could have safely taken possession of the vehicle. See WAC 204-96-010 (mandating the impoundment of every vehicle driven without a valid license). The owner offered to remove the van in lieu of impoundment, but WAC 204-96-010 left the trooper without choice in the matter—the regulation man dated the van be impounded. Accordingly, the van was impounded for 30 days pursuant to RCW 46.55.120(1)(a).

Three days later All Around secured early release of the van by paying $476.48 in impound and storage fees. All Around then demanded a vehicle impoundment hearing before the King County District Court, Aukeen Division.¹ All Around argued the impoundment was an unconstitutional seizure in violation of article I, section 7, of the Washington Constitution and the Fourth Amendment to the United States Constitution. The district court held the van was properly impounded and saw no constitutional defect in the State Patrol's regulation.² All Around appealed to the King County Superior Court which affirmed.³ All Around then sought and obtained discretionary review by this court and American L.S. Maintenance v. Washington State Patrol, Cause No. 26680-6-II, then pending before the Court of Appeals, was consolidated in the same appeal.

All Around asks us to address whether the State Patrol's blanket rule in WAC 204-96-010 comports with the constitutional requirement that all vehicle impoundments be reasonable,⁴ and also requests compensation for the impound and storage fees as well as reasonable attorney fees.

American L.S. Maintenance, Inc. v. Washington State Patrol

In January 2000 the State Patrol stopped a dump truck owned by American L.S. Maintenance, Inc. for a commercial vehicle inspection. The inspection stop included a check of the driver's qualifications and vehicle licensing. The commercial vehicle inspection enforcement officer discovered the driver was driving on a suspended license and called for the assistance of a Washington State Patrol trooper. The trooper cited the driver for driving with a suspended license and took him into custody based on an unrelated outstanding warrant. During the stop the owner of American L.S. arrived at the scene. Notwithstanding, as in the case of All Around, the trooper impounded the dump truck for 30 days pursuant to RCW 46.55.120(1)(a). Again, WAC 204-96-010 left the trooper without choice of releasing the vehicle to its owner.

American L.S. requested a vehicle impoundment hearing before the Cowlitz County District Court. The district court declared the impoundment improper pursuant to chapter 46.55 RCW and awarded judgment against the State Patrol for $1,912.25 to compensate American L.S. for the cost of impoundment, storage fees, and court costs. The State Patrol appealed to the Superior Court of Cowlitz County, and American L.S. cross-appealed the allegedly inadequate damage award. The superior court affirmed as to whether the impoundment was improper, but remanded for further proceedings to calculate damages and to determine reasonable attorney fees, if appropriate.

The Court of Appeals accepted discretionary review, which we then transferred to this court for consolidation with All Around. Much like All Around, the State Patrol asks us to determine whether impoundment of American L.S. Maintenance, Inc.'s dump truck was proper under article I, section 7.⁵ American L.S. seeks attorney fees, albeit on different grounds from those claimed by All Around.

DISCUSSION

I

The regulation at issue, WAC 204-96-010, was enacted by the Washington State Patrol in response to the legislature's 1998 amendment to the statutes authorizing the impoundment of vehicles operated by drivers with suspended or revoked licenses. See Laws of 1998, ch. 203, §§ 4, 5 (amending RCW 46.55.113, RCW 46.55.120).⁶ Prior to this amendment law enforcement officers arresting a person for driving without a valid driver's license were statutorily authorized, but not required, to impound the driver's vehicle. Former RCW 46.55.113 (1996). In the words of the statute, "the arresting officer may take custody of the vehicle and provide for its prompt removal to a place of safety." Id. (emphasis added). In 1998, the legislature amended RCW 46.55.113 to read in pertinent part as follows:

Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504 or of RCW 46.20.342 or 46.20.420, the vehicle is subject to impoundment, pursuant to applicable local ordinance or state agency rule at the direction of a law enforcement officer.

Laws of 1998, ch. 203, § 4. (Emphasis added.)

The legislature made several findings to support this amendment. It reaffirmed that its main concern behind authorizing impoundment of vehicles driven by suspended drivers was "to protect public safety following a driver's failure to comply with the laws of this state." Laws of 1998, ch. 203, § 1. The legislature also found "that suspended drivers are three times more likely to kill or seriously injure others," and concluded "all registered owners of motor vehicles in Washington have a duty to not allow their vehicles to be driven by a suspended driver." Id. The legislature concluded existing criminal penalties were "not sufficient to deter or prevent persons with a suspended or revoked license from driving" wherefore it found it "necessary to authorize the impoundment of any vehicle when it is found to be operated by a driver with a suspended or revoked license...." Id. It intended such impoundments "to be a civil in rem action against the vehicle in order to remove it from the public highways and reduce the risk posed to traffic safety by a vehicle accessible to a driver who is reasonably believed to have" driven with an invalid license. Id.

Based on the amendment to RCW 46.55.113, the State Patrol promulgated WAC 204-96-010 When a driver of a vehicle is arrested for a violation of:

RCW 46.61.502 Driving under the influence RCW 46.61.504 Physical control of vehicle under the influence RCW 46.20.342 Driving while license suspended or revoked RCW 46.20.420 Operation of motor vehicle under other license/permit prohibited while suspended or revoked,

the arresting officer shall cause the vehicle to be impounded.

(Emphasis added.)

The threshold concern is whether this mandatory impoundment rule exceeds the statutory authority to impound since the statute merely makes vehicles "subject to impoundment... at the direction of a law enforcement officer." RCW 46.55.113.

II

Interpretation of a statute and its implementing regulations is a question of law. See Franklin County Sheriff's Office v. Sellers, 97 Wash.2d 317, 325, 646 P.2d 113 (1982)

. Our review is de novo. See id.⁷ Additionally, the proceedings in All Around before the district court were treated by the parties as a motion for summary judgment. Although the nature of the district court proceedings in American L.S. is not apparent from the record, ostensibly they were of the same nature as in All Around since both proceedings were vehicle impoundment hearings before a district court. Review of a summary judgment is de novo. Kruse v. Hemp, 121 Wash.2d 715, 722, 853 P.2d 1373 (1993).

Unlike the State Patrol's regulation the statute does not require impoundment of every vehicle when its driver is arrested for driving with a suspended or revoked license; it merely authorizes individual impoundments. In the language of RCW 46.55.113, whenever the driver is arrested "the vehicle is subject to impoundment ... at the direction of a law enforcement officer." The phrase "subject to" cannot be construed to mandate impoundment by removing from the individual officer discretion on whether to impound, especially in light of the subsequent...