CHAPTER 421

An Act to amend the Code of Virginia by adding in Title 46.1 a chapter
numbered 10 and sections numbered 46.1-555.1 through 46.1-555.8,
to authorize counties, cities and towns to adopt ordinances governing
the removal and disposition of abandoned motor vehicles.

[(S 508]
Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 46.1 a chap-
ter numbered 10 and sections numbered 46.1-555.1 through 46.1-555.8 as

follows:
Chap. 10
Abandoned Motor Vehicles

§ 46.1-555.1. As used in this chapter:
(1) “Political subdivision” means any county, city or town in the

te.
(2) “Abandoned motor vehicle” means a motor vehicle, trailer, or
semi-trailer or part thereof that:
(a) ts inoperable and is left unattended on public property for more
than forty-eight hours, or
(b) has remained illegally on public property for a period of more
than forty-eight hours, or
(c) has remained on private property without the consent of the
owner or person in control of the property for more than forty-eight
ours.
(3) “Demolisher” means any person, firm or corporation whose busi-
ness is to convert a motor vehicle, trailer or semi-tratler into processed
scrap or scrap metal or otherwise to wreck, or dismantle such vehicles.

§ 46.1-555.2. Ordinances.—The governing body of any locality tn
addition to any other provisions of law is authorized to provide by ordt-
nance for the removal and disposition of abandoned vehicles in accordance
with this chapter.

§ 46.1-555.8. <A political subdivision may take into custody any aban-
doned motor vehicle. In such connection, the political subdivision may em-
ploy its own personnel, equipment and facilities or hire persons, equipment
and factlities or firms or corporations who may be independent contractors
for the purpose of removing, preserving and storing abandoned motor
vehicles.

§ 46.1-555.4. (a) A political subdivision which takes into custody
an abandoned motor vehicle shall notify, within fifteen days thereof, by
registered or certified mail, return receipt requested, the owner of record
of the motor vehicle and all persons having security interests therein of
record, that the vehicle has been taken into custody. The notice shall
describe the year, make, model and serial number of the abandoned motor
vehicle, set forth the location of the facility where the motor vehicle is
being held, inform the owner and any persons having security interests of
their right to reclaim the motor vehicle within three weeks after the date
of the notice, upon payment of all towing, preservation and storage charges
resulting from placing the vehicle in custody, and state that the failure of
the owner or persons having security interests to exercise their right to
reclaim the vehicle within the time provided shall be deemed a waiver by
the owner, and all persons having any security interests, of all right, title
and interest in the vehicle, and consent to the sale of the abandoned motor
vehicle at a public auction.

(bo) If records of the Division contain no address for the owner or
no address of any person shown by such records to have a security interest,
or if the identity and addresses of the owner and all persons having secur-
ity interests cannot be determined with reasonable certainty, notice by
publication once in a newspaper of general circulation in the area where
the motor vehicle was abandoned shall be sufficient to meet all require-
ments of notice pursuant to this act as to any person who cannot be notified
pursuant to the provisions of paragraph (a) of this section. Such notice
by publication may contain multiple listings of abandoned motor vehicles.
Any such notice shall be within the time requirements prescribed for notice
by mail and shall have the same contents required for a notice by mail.

(c) The consequences and the fact of failure to reclaim an aban-
doned motor vehicle shall be as set forth in a notice given in accordance
with and pursuant to this section.

§ 46.1-555.5. If an abandoned motor vehicle has not been re-
claimed as provided for in § 46.1-555.4, the political subdivision, or its
authorized agent, shall notwithstanding the provisions of § 46.1-88, sell
the abandoned motor vehicle at public auction. The purchaser of the
motor vehicle shall take title to the motor vehicle free and clear of all
liens and claims of ownership of others, shall receive a sales receipt at
the auction and shall be entitled to, upon application therefor pursuant
to § 46.1-68, a certificate of title and registration card therefor.
The sales receipt at such a sale shall be sufficient title only for
purposes of transferring the vehicle to a demolisher for demolition, wreck-
ing or dismantling, and, in such case, no further titling of the vehicle shall
be necessary. From the proceeds of the sale of an abandoned motor vehicle,
the political subdivision, or its authorized agent, shall reimburse itself
for the expenses of the auction, the cost of towing, preserving and storing
the vehicle which resulted from placing the abandoned motor vehicle in
custody, and all notice and publication costs incurred pursuant to § 46.1-
555.4. Any remainder from the proceeds of a sale shall be held for the
owner of the abandoned motor vehicle or any person having security inter-
ests therein, as their interests may appear, for ninety days, and then shall
be deposited into the Treasury of the political subdivision wherein such
abandoned motor vehicle was abandoned. |

§ 46.1-555.6. Any motor vehicle, trailer, semi-trailer or part thereof
left for more than ten days in a garage operated for commercial purposes
after notice by registered or certified mail, return receipt requested, to the
owner to pick up the vehicle, or for more than ten days after the period
when, pursuant to contract, the vehicle was to remain on the premises,
shall be deemed an abandoned motor vehicle, and may be reported by the
garagekeeper to the political subdivision. All abandoned motor vehicles
left in garages may be taken into custody by the political subdivision in
accordance with § 46.1-555.3 and shall be subject to the notice and sale
provisions contained in §§ 46.1-555.4 and 46.1-555.5; provided that tf such
vehicle is reclaimed in accordance with § 46.1-555.4, the person reclaiming
such vehicle shall, in addition to the other charges required to be paid, pay
the charges of the garagekeeper, if any; provided further, that if such
vehicle is sold pursuant to § 46.1-555.5, the garagekeeper’s charges, if any,
shall be paid from, and to the extent of, the excess of the proceeds of sale
after paying the expenses of the auction, the costs of towing, preserving
and storing such vehicle which resulted from placing such vehicle in cus-
tody and all notice and publication costs incurred pursuant to § 46.1-555.4.
Except as otherwise provided in this chapter, nothing herein shall be con-
strued to limit or restrict any rights conferred upon any person under
§§ 48-82 through 48-86. For the purposes of this section, “garage-
keeper” means any operator of a parking place, motor vehicle storage
facility, or establishment for the servicing, repair or maintenance of motor
vehicles.

§ 46.1-555.7. Notwithstanding any other provisions of this chapter,
or the provisions of § 46.1-88, any motor vehicle, trailer, semi-trailer or
part thereof which is inoperable and which, by virtue of its condition,
cannot be feasibly restored to operable condition, may be disposed
of to a demolisher by the person, firm, corporation, or political sub-
division on whose property or in whose possession such motor vehicle,
trailer, or semi-trailer is found. The demolisher, upon taking custody of
such motor vehicle, trailer, or semi-trailer shall follow the notification
and sale procedures required of political subdivisions by § 46.1-555.4.
Unless reclaimed in accordance with such section, the purchaser at the
public auction held by the demolisher shall be entitled to a sales receipt
and shall obtain the same rights and privileges with respect to the vehicle
so purchased as a purchaser at a public auction held by a political subdivi-
sion under § 46.1-555.4.

§ 46.1-555.8. (a) Any demolisher who purchases or otherwise ac-
quires a motor vehicle for purposes of wrecking, dismantling or demolition
shall not be required to obtain a certificate of title for such motor vehicle
in his own name. After the motor vehicle has been demolished, processed,
or changed so that it physically is no longer a motor vehicle, the demol-
isher shall surrender to the Division for cancellation the certificate of title
or sales receipt therefor. The Division shall issue such forms, rules and
regulations governing the surrender of sales receipts and certificates of
title as are appropriate.

A demolisher shall keep an accurate and complete record of all
motor vehicles purchased or received by him in the course of his business.
These records shall contain the name and address of the person from
whom each such motor vehicle was purchased or received and the date
when such purchases or receipts occurred. Such records shall be open for
inspection by the Division at any time during normal business hours.