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2012 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 46.2-1209, 46.2-1211, 46.2-1212, 46.2-1213, and 46.2-1215 of the Code of Virginia are 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 immobilized or unattended on or adjacent to any
roadway if it constitutes a hazard in the use of the highway. No person shall
leave any immobilized or unattended motor vehicle, trailer, semitrailer, or
part or combination thereof longer than twenty-four 24 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 or
other uniformed employee of the local law-enforcement agency who specifically
is authorized to do so by the chief law-enforcement officer or his designee
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 or successor in interest to ownership 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.
When a 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 of the vehicle at the time of the theft
or used without his authorization, express or implied, it shall be forthwith
returned to its owner or the owner's successor in interest, other than an
insurance company, who shall be relieved of the payment of any costs charged by
the towing operator or storage facility for its daily storage, towing, and
recovery fees, provided that the owner removes the vehicle within five business
days following the owner's receipt of written notice by certified mail, return
receipt requested. If the vehicle's owner fails to remove the vehicle within
five days of receipt of such notice, the vehicle shall be released to the owner
upon payment of the full costs of storage, towing, and recovery fees, and the
owner shall then be entitled to seek reimbursement from the state treasury from
the appropriation for criminal charges. The owner shall produce a valid motor
vehicle registration or other proof of ownership to the employees of the
facility wherein the motor vehicle, trailer, semitrailer or part or combination
thereof is being stored. 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 daily storage, towing, and recovery fees of the vehicle
shall be reimbursed to the towing and recovery operator and paid out of the
state treasury from the appropriation for criminal charges. Payment from the
treasury shall be made no later than 45 days from the application for such
payment. In all cases where an insurance company is the stolen vehicle owner's
successor in interest, the motor vehicle, trailer, semitrailer, or part or
combination thereof shall be released to the insurance company upon
presentation of a valid motor vehicle registration and payment by the insurance
company to the towing operator or storage facility for its daily storage,
towing, and recovery fees. The insurance company shall be entitled to seek
reimbursement for the costs of the daily storage, towing, and recovery fees
through 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 30
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 daily storage, towing, and recovery fees, investigation of ownership, appraisal, and sale.
§ 46.2-1211. Removal of motor vehicles obstructing movement; storage; payment of costs.
Whenever any motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer interferes with the free ingress, egress, or movement on any premises, driveway, or parking area, without the permission of the owner of that property, any law-enforcement officer or other uniformed employee of the local law-enforcement agency who specifically is authorized to do so by the chief law-enforcement officer or his designee 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 other vehicle as promptly as possible. Before obtaining the possession of his property, the owner shall pay to the parties entitled thereto all costs incidental to its removal or storage.
§ 46.2-1212. Authority to provide for temporary removal and disposition of vehicles involved in accidents.
The governing body of any county, city, or town may provide by ordinance that whenever a motor vehicle, trailer, or semitrailer involved in an accident is so located as to impede the orderly flow of traffic, the police or other uniformed employee of the local law-enforcement agency who specifically is authorized to do so by the chief law-enforcement officer or his designee may (i) at no cost to the owner or operator remove the motor vehicle, trailer, or semitrailer to some point in the vicinity where it will not impede the flow of traffic or (ii) have the vehicle removed to a storage area for safekeeping and shall report the removal to the Department and to the owner of the vehicle as promptly as possible. If the vehicle is removed to a storage area under clause (ii), the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage.
§ 46.2-1213. Removal and disposition of unattended, or immobile vehicles; ordinances in counties, cities, and towns.
A. The governing body of any county, city, or town may by ordinance provide for the removal for safekeeping of motor vehicles, trailers, semitrailers, or parts thereof to a storage area if:
1. It is left unattended on a public highway or other public property and constitutes a traffic hazard;
2. It is illegally parked;
3. It is left unattended for more than ten 10
days either on public property or on private property without the permission of
the property owner, lessee, or occupant;
4. It is immobilized on a public roadway by weather conditions or other emergency situation.
B. Removal shall be carried out by or under the direction of a
law-enforcement officer or other uniformed employee of the local law-enforcement
agency who specifically is authorized to do so by the chief law-enforcement
officer or his designee. The ordinance, however, shall not authorize
removal of motor vehicles, trailers, semitrailers, and parts thereof from
private property without the written request of the owner, lessee, or occupant
of the premises. The ordinance may also provide that the person at whose
request the motor vehicle, trailer, semitrailer, or part of a motor vehicle,
trailer, or semitrailer is removed from private property shall indemnify the
county, city, or town against any loss or expense incurred by reason of removal,
storage, or sale thereof. Any such ordinance may also provide that it shall be
presumed that such motor vehicle, trailer, semitrailer, or part thereof is
abandoned if it (i) lacks either a current license plate; or a current county,
city or town license plate or sticker; or a valid state safety inspection
certificate or sticker; and (ii) it has been in a specific location for four
days without being moved. As promptly as possible, each removal shall be
reported to a local governmental office to be designated in the ordinance and
to the owner of the motor vehicle, trailer, or semitrailer. Before obtaining
possession of the motor vehicle, trailer, semitrailer, or part thereof, the
owner shall pay to the parties entitled thereto all costs incidental to its removal
and storage and locating the owner. If the owner fails or refuses to pay the
cost or if his identity or whereabouts is unknown and unascertainable after a
diligent search has been made, and after notice to him at his last known
address and to the holder of any lien of record with the office of the
Department against the motor vehicle, trailer, semitrailer, or part of a motor
vehicle, trailer, or semitrailer, the vehicle shall be treated as an abandoned
vehicle under the provisions of Article 1 (§ 46.2-1200 et seq.) of this
chapter.
§ 46.2-1215. Leaving vehicles on private property prohibited; authority of counties, cities, and towns to provide for removal and disposition; notice of disposition.
No person shall leave any motor vehicle, trailer, semitrailer,
or part of a motor vehicle, trailer, or semitrailer on the private property of
any other person without his consent. The governing body of any county, city,
or town may by ordinance provide, that on complaint of the owner of the
property on which such motor vehicle, trailer, semitrailer, or part thereof has
been left for more than seventy-two 72 hours, that such motor
vehicle, trailer, semitrailer, or part thereof, may be removed by or under the
direction of a law-enforcement officer or other uniformed employee of the
local law-enforcement agency who specifically is authorized to do so by the
chief law-enforcement officer or his designee to a storage area. The
ordinance shall require the owners of private property which is normally open
to the public for parking to post or cause to be posted signs warning that
vehicles left on the property for more than seventy-two 72 hours
will be towed or removed at their owners' expense. The ordinance may also
provide that the person at whose request the vehicle, trailer, semitrailer, or
part thereof is so removed shall indemnify the county, city, or town against
any loss or expense incurred by reason of removal, storage, or sale thereof.
In the case of the removal of a motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer from private property, when it cannot be readily sold, the motor vehicle, trailer, semitrailer, or part may be disposed of in whatever manner the governing body of the county, city, or town may provide.
In all other respects, the provisions of §§ 46.2-1213 and
46.2-1217 shall apply to these removals. Disposal of a motor vehicle, trailer,
or semitrailer may at the option of the governing body of the county, city, or
town be carried out under either the provisions of § 46.2-1213, or under
the provisions of this section after a diligent search for the owner, after
notice to him at his last known address and to the holder of any lien of record
in the office of the Department against the motor vehicle, trailer, or semitrailer,
and after the motor vehicle, trailer, or semitrailer has been held at least sixty
60 days.
The Department shall be notified of the disposition of any motor vehicle, trailer, or semitrailer under § 46.2-1213 or the provisions of this section.