Bill
SB 5606
Expands illegal racing to off-street facilities and drifting; authorizes seizure, impoundment, and, for repeat offenders, forfeiture of vehicles used in racing.
Summary
This act expands Washington’s illegal racing laws beyond public highways to cover off‑street facilities (e.g., parking lots, commercial property used without the owner’s permission) and adds drifting to the prohibited conduct. It strengthens enforcement tools by authorizing seizure, impoundment, and (for repeat offenders) forfeiture of vehicles used in illegal racing, clarifies accomplice liability, and encourages law enforcement public‑education campaigns.
Purpose and intent
- Reduce public safety risks from organized or spontaneous street and lot racing and drifting.
- Provide law enforcement clearer authority and procedures to remove and, when appropriate, forfeit vehicles used to commit racing offenses.
- Encourage public education to deter participation and promotion of illegal racing.
Key provisions and changes
- Expanded offense: Racing unlawful on public highways and on “off‑street facilities” when used without owner permission. Prohibited conduct includes willfully comparing or demonstrating speed, maneuverability, or power of vehicles — explicitly including “drifting” (defined as intentional oversteer causing loss of traction while turning).
- Accomplice liability: Persons who knowingly aid and abet racing may be charged and prosecuted as accomplices (per RCW 46.64.048).
- Concurrent charges: Participation can also subject a person to other criminal or traffic charges for harms that occur because of racing (injuries, property damage, etc.).
- Vehicle seizure/impound/forfeiture:
- Vehicles used to commit racing may be seized and impounded under chapter 46.55 RCW when drivers are arrested for illegal racing.
- Repeat conduct: If a vehicle was previously impounded for racing and the operator is later convicted of a subsequent racing offense, the vehicle may be forfeited. Forfeiture requires conviction and a finding that the vehicle was used in the offense.
- Seizure may occur with process or without process when incident to arrest/search, after a prior forfeiture judgment, or where probable cause exists to believe the vehicle was used or intended for a felony.
- Owners of commercial/farm vehicles must generally be contacted prior to impound if the driver is not the owner, except where the owner is a participant in the racing conduct.
- Redemption and notice timelines:
- 72‑hour hold: When a registered owner who is also the arrested driver had the vehicle impounded, the vehicle cannot be redeemed for 72 hours (registered/ legal owners who were not the driver may redeem sooner once at the tow facility).
- Agencies must serve notice of seizure on known holders of interest within 15 days; persons have 60 days to respond and request a hearing (administrative hearing or moved to court). If no response and the arrested driver is convicted, the vehicle may be deemed forfeited.
- Secured‑party protections: Forfeiture of encumbered property is subject to bona fide secured interests created without knowledge/consent of the offense.
Other items
- Public education: Law enforcement agencies, subject to appropriation, are encouraged to run multimedia public education campaigns about the dangers and penalties (including impoundment/forfeiture).
- Classification/penalty: Racing remains characterized as reckless driving under RCW 46.61.500 (a gross misdemeanor) as applicable; other penalties may also apply depending on resulting harms.
- Effective date: January 1, 2024 (bill passed 2023).
Who is affected
- Drivers and vehicle owners (including owners of vehicles used by others)
- Property owners/operators of off‑street facilities (parking lots, commercial sites)
- Law enforcement agencies and tow operators (new procedures/notification responsibilities)
- Secured parties with liens on vehicles (statutory protections preserved)
- Communities and bystanders exposed to racing events
Procedural/timeline highlights
- 15 days: notice of seizure to known interested parties
- 60 days: time to respond to notice and request hearing
- 72 hours: redemption hold when the registered owner is the arrested driver
- Forfeiture requires conviction and statutory notice/hearing process
This law strengthens tools to deter illegal racing and drifting, clarifies liability for accomplices, and creates a structured process for removing and potentially forfeiting vehicles used in repeat racing conduct while preserving certain owner/secured‑party protections.
Compiled from official sources — confirm details with the bill’s official record.
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