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2004 SESSION
049830832Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1209 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1209. Unattended or immobile vehicles, generally.
No person shall leave any motor vehicle, trailer, semitrailer, or part or
combination thereof unattended on or adjacent to any roadway if it constitutes
a hazard in the use of the highway. No person shall leave any unattended motor
vehicle, trailer, semitrailer, or part or combination thereof longer than
twenty-four hours on or adjacent to any roadway outside the corporate limits of
any city or town, or on an interstate highway or limited access highway,
expressway, or parkway inside the corporate limits of any city or town. Any
law-enforcement officer may remove it or have it removed to a storage area for
safekeeping and shall report the removal to the Department and to the owner of
the motor vehicle, trailer, semitrailer, or combination as promptly as
possible. Before obtaining possession of the motor vehicle, trailer,
semitrailer, or combination, its owner shall pay to the parties entitled
thereto all costs incidental to its removal or storage. In any violation of
this section the owner of such motor vehicle, trailer, semitrailer or part or
combination of a motor vehicle, trailer, or semitrailer, shall be presumed to
be the person committing the violation; however, this presumption shall be
rebuttable by competent evidence. Where it is shown to the satisfaction of the
court that the motor vehicle, trailer, semitrailer, or part or combination of a
motor vehicle, trailer, or semitrailer was stolen or illegally used by a person
other than the owner without his authorization, express or implied, it shall be
forthwith returned to its owner who shall be relieved of the payment of any
costs. [ The owner's request for possession may be made to any court or
magistrate wherever venue is permissible under code § 8.01-262 on an expedited
basis with the sole issues being the ownership and theft status of the vehicle. In
a contested case the prevailing party shall be entitled to recover costs, such
reasonable attorneys fees and loss of diminished value during the pendency of
possession, as the court may award. If the owner produces (i) a valid motor
vehicle registration and (ii) a copy of the stolen car report to the employees
of the facility wherein the car is being stored, and possession of the vehicle
is not returned forthwith to the owner, without payment of any costs, then the
owner shall be entitled to recover his costs including such reasonable attorney
fees and loss of diminished value during the pendency of the storage facility’s
possession of the vehicle, as the court may award in any action brought by the owner
against the storage facility to recover possession of the vehicle. ] [ If the
title of ownership changes during the term of storage which resulted after
removal and towing, it shall be the responsibility of that new owner to file
with the court appropriate requests for reimbursement of costs associated with
the removal and storage. This filing shall be done on behalf of and for
payment to the entity responsible for the removal and storage of the motor
vehicle, trailer or semi-trailer at such time that possession is granted. ]
In any case in which the identity of the violator cannot be determined, or
where it is found by a court that this section was not violated, the costs of
the removal and storage of the vehicle shall be paid out of the state treasury
from the appropriation for criminal charges. If any person convicted of
violating this section fails or refuses to pay these costs or if the identity
or whereabouts of the owner is unknown and unascertainable after a diligent
search has been made or after notice to the owner at his address as indicated
by the records of the Department and to the holder of any lien of record with
the Department, against the motor vehicle, trailer, semitrailer, or
combination, the Commissioner may, after thirty days and after having the value
of such motor vehicle, trailer, semitrailer, or combination determined by three
disinterested dealers dispose of it by public or private sale. The proceeds
from the sale shall be forthwith paid by him into the state treasury and shall
be set aside as a special fund to be used to meet the expenses of the
Department in carrying out the duties required by this section and to reimburse
the owner of such motor vehicle, trailer, semitrailer, or combination as
hereafter provided in this section.
If after the sale or other disposition of the motor vehicle, trailer, semitrailer, or combination the ownership of a motor vehicle, trailer, or semitrailer at the time of its removal is established satisfactorily to the Commissioner by the person claiming its ownership, the Commissioner shall pay him so much of the proceeds from the sale or other disposition of the motor vehicle, trailer, semitrailer, or combination as remains after paying the costs of removal, storage, investigation of ownership, appraisal, and sale.