CHAPTER 103

An Act to amend and reenact § 46.1-2 of the Code of Virginia, relating
to removal and disposition of unattended or abandoned vehicles.

[H 75]
Approved February 26, 1964

Be it enacted by the General Assembly of Virginia:

That § 46.1-2 of the Code of Virginia be amended and reenacted as
ollows:

§ 46.1-2. (a) Whenever any motor vehicle, trailer or semitrailer, or
part thereof, is found on the paved or improved surface of any highway
or adjacent thereto, unaccompanied by the owner or operator thereof, and
if such motor vehicle, trailer or semitrailer constitutes a hazard in the use
of the highway by reason of its position thereon, or has been left unat-
tended longer than twenty-four hours outside of the corporate limits of
any city or town, or on an interstate highway inside the corporate limits of
any city or town any sheriff, police or other peace officer discovering or
having a report of same shall remove it or have it removed to the nearest
storage garage for safekeeping and that fact shall be immediately reported
to the Division or some officer or agent of the Division and to the owner of
such motor vehicle, trailer or semitrailer, as promptly as possible, and such
owner, before obtaining the possession of such motor vehicle, trailer or
semitrailer, shall pay to the parties entitled thereto all reasonable neces-
sary costs incidental to the removal or storage of such motor vehicle, trailer
or semitrailer. Should such owner fail or refuse to pay such costs or should
the identity or whereabouts of such owner be unknown and unascertainable
after a diligent search has been made or after notice to such owner at his
address as indicated by the records of the Division and to the holder of
any lien of record in the office of the Division in Richmond, Virginia,
against such motor vehicle, trailer or semitrailer, the Commissioner may,
after thirty days and after having the value of such motor vehicle, trailer,
or semitrailer determined by three disinterested dealers or garagemen,
dispose of the same by public or private sale and the proceeds accruing
from such sale shall be forthwith paid by him into the State treasury and
shall be set aside as a special fund in the State treasury to be used to
meet the necessary additional expenses incurred by the Division in the
performance of the duties required by this provision and to reimburse the
owner of such motor vehicle, trailer or semitrailer, as hereafter provided.

(b) If after the sale or other disposition of such motor vehicle, trailer
or semitrailer the ownership thereof at the time of its removal is estab-
lished satisfactorily to the Commissioner by the person claiming such
ownership, he shall be paid by the Commissioner so much of the proceeds
from the sale or other disposition of such motor vehicle, trailer or semi-
trailer as remains after paying the costs of removal, storage, investiga-
tion as to ownership, appraisement and sale.