HB 185 - Abandoned motor vehicles; procedures for reporting
Georgia House of Representatives - 1995/1996 Sessions
HB 185 - Abandoned motor vehicles; procedures for reporting
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6
1. Powell 23rd 2. Parham 122nd
House Comm: MotV / Senate Comm: Trans /
House Vote: Yeas 165 Nays 0 Senate Vote: Yeas 42 Nays 0
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House Action Senate
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1/12/95 Read 1st Time 2/16/95
1/13/95 Read 2nd Time 3/9/95
2/1/95 Favorably Reported 3/8/95
Committee Amend/Sub Am
2/15/95 Read 3rd Time 3/10/95
2/15/95 Passed/Adopted 3/10/95
Comm/Floor Amend/Sub CA
3/14/95 Amend/Sub Agreed To
3/29/95 Sent to Governor
4/18/95 Signed by Governor
339 Act/Veto Number
7/1/95 Effective Date
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Code Sections amended: 40-11-2, 40-11-3
HB 185 HB 185/AP
H. B. No. 185 (AS PASSED HOUSE AND SENATE)
40-11-3 : Representatives Powell of the 23rd and Parham of the
122nd
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 11 of Title 40 of the Official Code of
1- 2 Georgia Annotated, relating to abandoned motor vehicles, so
1- 3 as to change certain procedures regarding the reporting of
1- 4 an abandoned motor vehicle; to provide for the reporting of
1- 5 certain information to and by the Georgia Crime Information
1- 6 Center; to change certain procedures regarding making the
1- 7 determination as to whether a vehicle is stolen; to provide
1- 8 for entry of information by local law enforcement agencies
1- 9 and for access to certain information by local law
1-10 enforcement agencies; to eliminate certain inconsistencies;
1-11 to provide for related matters; to repeal conflicting laws;
1-12 and for other purposes.
1-13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-14 Chapter 11 of Title 40 of the Official Code of Georgia
1-15 Annotated, relating to abandoned motor vehicles, is amended
1-16 by striking Code Section 40-11-2, relating to the duty of a
1-17 person storing or removing a vehicle, in its entirety and
1-18 inserting in lieu thereof the following:
1-19 "40-11-2. (Index)
1-20 (a) Any person who removes a motor vehicle from public
1-21 property at the request of a law enforcement officer or
1-22 stores such vehicle shall, if the owner of the vehicle is
1-23 unknown, seek the identity of and address of the last
1-24 known registered owner of such vehicle, the owner of the
1-25 vehicle as recorded on the title of such vehicle, and any
1-26 security interest holder or lienholder from the law
1-27 enforcement officer requesting removal of such or his from
1-28 such officer's agency within 72 hours of removal. The
1-29 local law enforcement agency shall furnish such
1-30 information to the person removing such vehicle within 72
1-31 hours after receipt of such request.
1-32 (b) Any person who removes a motor vehicle from private
1-33 property at the request of the property owner or stores
H. B. No. 185
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HB 185/AP
2- 1 such vehicle shall, if the owner of the vehicle is
2- 2 unknown, notify in writing a local law enforcement agency
2- 3 of the location of the vehicle, the manufacturer's vehicle
2- 4 identification number, license number, model, year, and
2- 5 make of the vehicle within 72 hours of the removal of such
2- 6 vehicle and shall seek from the local law enforcement
2- 7 agency the identity and address of the last known
2- 8 registered owner of such vehicle, the owner of the vehicle
2- 9 as recorded on the title, and any security interest holder
2-10 or lienholder and any information indicating that such
2-11 vehicle is a stolen motor vehicle. The local law
2-12 enforcement agency shall furnish such information to the
2-13 person removing such vehicle within 72 hours after receipt
2-14 of such request.
2-15 (c) If any motor vehicle removed under conditions set
2-16 forth in subsection (a) or (b) of this Code section is
2-17 determined to be a stolen motor vehicle, the local law
2-18 enforcement officer or agency shall notify the Georgia
2-19 Crime Information Center and the owner, if known, of the
2-20 location of such motor vehicle within 72 hours after
2-21 receiving notice that such motor vehicle is a stolen
2-22 vehicle.
2-23 (d) If any motor vehicle removed under conditions set
2-24 forth in subsection (a) or (b) of this Code section is
2-25 determined not to be a stolen vehicle or is not a vehicle
2-26 being repaired by a repair facility or is not being stored
2-27 by an insurance company providing insurance to cover
2-28 damages to the vehicle, the person removing or storing
2-29 such motor vehicle shall, within seven calendar days of
2-30 the day such motor vehicle was removed, notify the owner
2-31 and any security interest holder or lienholder, if known,
2-32 by certified or registered mail of the location of such
2-33 motor vehicle, the fees connected with removal and storage
2-34 of such motor vehicle, and the fact that such motor
2-35 vehicle will be deemed abandoned under this chapter unless
2-36 the owner, security interest holder, or lienholder redeems
2-37 such motor vehicle within 30 days of the day such vehicle
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2-39 (e) If the owner, security interest holder, or lienholder
2-40 fails to redeem such motor vehicle as described in
2-41 subsection (d) of this Code section, or if a vehicle being
2-42 repaired by a repair facility or being stored by an
2-43 insurance company providing insurance to cover damages to
2-44 the vehicle becomes abandoned, the person removing or
H. B. No. 185
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HB 185/AP
3- 1 storing such motor vehicle shall, within seven calendar
3- 2 days of the day such vehicle became an abandoned motor
3- 3 vehicle, give notice in writing, by sworn statement, on
3- 4 the form prescribed by the commissioner, to the Department
3- 5 of Revenue with a research fee of $2.00 payable to the
3- 6 Motor Vehicle Division of the Department of Revenue and to
3- 7 the Georgia Bureau of Investigation, stating the
3- 8 manufacturer's vehicle identification number, the license
3- 9 number, the fact that such vehicle is an abandoned motor
3-10 vehicle, the model, year, and make of the vehicle, the
3-11 date the vehicle became an abandoned motor vehicle, the
3-12 date the vehicle was removed, and the present location of
3-13 such vehicle and requesting the name and address of all
3-14 owners, lessors, lessees, security interest holders, and
3-15 lienholders of such vehicle. If the form submitted to the
3-16 commissioner is rejected because of inaccurate or missing
3-17 information, the person removing or storing the vehicle
3-18 shall resubmit, within seven calendar days of the date of
3-19 the rejection, a corrected notice form to the commissioner
3-20 together with an additional research fee of $2.00 payable
3-21 to the Motor Vehicle Division of the Department of Revenue
3-22 and to the Georgia Bureau of Investigation. Each
3-23 subsequent corrected notice, if required, shall be
3-24 submitted with an additional research fee of $2.00 payable
3-25 to the Motor Vehicle Division of the Department of
3-26 Revenue. If a person removing or storing the vehicle has
3-27 knowledge of facts which reasonably indicate that the
3-28 vehicle is registered or titled in a certain other state,
3-29 he such person shall check the motor vehicle records of
3-30 that other state in the attempt to ascertain the identity
3-31 of the owner of the vehicle.
3-32 (f) Upon ascertaining the owner of such motor vehicle, the
3-33 person removing or storing such vehicle shall, within five
3-34 calendar days, by certified or registered mail, notify the
3-35 owner, lessors, lessees, security interest holders, and
3-36 lienholders of the vehicle of the location of such vehicle
3-37 and of the fact that such vehicle is deemed abandoned and
3-38 shall be disposed of if not redeemed.
3-39 (g) If the identity of the owner of such motor vehicle
3-40 cannot be ascertained, the person removing or storing such
3-41 vehicle shall place an advertisement in a newspaper of
3-42 general circulation in the county where such vehicle was
3-43 obtained or, if there is no newspaper in such county,
3-44 shall post such advertisement at the county courthouse in
3-45 such place where other public notices are posted. Such
H. B. No. 185
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HB 185/AP
4- 1 advertisement shall run in the newspaper once a week for
4- 2 two consecutive weeks or shall remain posted at the
4- 3 courthouse for two consecutive weeks. The advertisement
4- 4 shall contain a complete description of the motor vehicle,
4- 5 its license and manufacturer's vehicle identification
4- 6 numbers, the location from where such vehicle was
4- 7 initially removed, the present location of such vehicle,
4- 8 and the fact that such vehicle is deemed abandoned and
4- 9 shall be disposed of if not redeemed.
4-10 (h) The Department of Revenue shall provide to the Georgia
4-11 Crime Information Center all relevant information from
4-12 sworn statements described in subsection (e) of this Code
4-13 section for a determination of whether the vehicles
4-14 removed have been entered into the Criminal Justice
4-15 Information System as stolen vehicles. The results of the
4-16 determination shall be provided electronically to the
4-17 Department of Revenue. Information forwarded to the
4-18 Georgia Bureau of Investigation as required by this Code
4-19 section shall be placed by the bureau on the National
4-20 Crime Information Center Network.
4-21 (i) Any person storing a vehicle under the provisions of
4-22 this Code section shall notify the Department of Revenue
4-23 and the Georgia Bureau of Investigation if the vehicle is
4-24 recovered, is claimed by the owner, is determined to be
4-25 stolen, or for any reason is no longer an abandoned motor
4-26 vehicle. Such notice shall be provided within seven
4-27 calendar days of such event.
4-28 (j) If vehicle information on the abandoned motor vehicle
4-29 is not in the files of the Department of Revenue, the
4-30 department may require such other information or
4-31 confirmation as it determines is necessary or appropriate
4-32 to determine the identity of the vehicle.
4-33 (k) Any person who does not provide the notice and
4-34 information required by this Code section shall not be
4-35 entitled to any storage fees, shall not be eligible to
4-36 contract with or serve on a rotation list providing
4-37 wrecker services for this state or any political
4-38 subdivision thereof, and shall not be licensed by any
4-39 municipal authority to provide removal of improperly
4-40 parked cars under Code Section 44-1-13.
4-41 (l) Any person who knowingly provides false or misleading
4-42 information when providing any notice or information as
4-43 required by this Code section shall be guilty of a
H. B. No. 185
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HB 185/AP
5- 1 misdemeanor and, upon conviction thereof, shall be
5- 2 punished as for a misdemeanor."
SECTION 2.
5- 3 Said chapter is further amended by striking Code Section
5- 4 40-11-3, relating to when a peace officer may remove a
5- 5 vehicle from public property, in its entirety and inserting
5- 6 in lieu thereof the following:
5- 7 "40-11-3. (Index)
5- 8 (a) Any peace officer who finds a motor vehicle which has
5- 9 been left unattended on a public street, road, or highway
5-10 or other public property for a period of at least five
5-11 days shall be authorized to cause such motor vehicle to be
5-12 removed to a garage or other place of safety, if such
5-13 peace officer reasonably believes that the person who left
5-14 such motor vehicle unattended does not intend to return
5-15 and remove such motor vehicle.
5-16 (b) Any law enforcement officer or employee of the
5-17 Department of Transportation to whom law enforcement
5-18 authority has been designated pursuant to Code Section
5-19 32-6-29, who finds a motor vehicle which has been left
5-20 unattended on the state highway system shall be authorized
5-21 to cause such motor vehicle to be removed immediately to a
5-22 garage or other place of safety when such motor vehicle
5-23 poses a threat to public health or safety or to mitigate
5-24 congestion. Any peace officer who finds a motor vehicle
5-25 which has been left unattended on a public street, road,
5-26 or highway or other public property, other than the state
5-27 highway system, shall be authorized immediately to cause
5-28 such motor vehicle to be removed immediately to a garage
5-29 or other place of safety when such motor vehicle poses a
5-30 threat to public health or safety or to mitigate
5-31 congestion.
5-32 (c) Any peace officer who, under this Code section, causes
5-33 any motor vehicle to be removed to a garage or other place
5-34 of safety shall be liable for gross negligence only.
5-35 (d)(1) Any peace officer or the law enforcement agency
5-36 which causes a motor vehicle to be removed to a garage
5-37 or other place of safety or which is notified of the
5-38 removal of a motor vehicle from private property shall
5-39 within 72 hours from the time of removal or notice and
5-40 if the owner is unknown attempt to determine vehicle
5-41 ownership through official inquiries to the Department
H. B. No. 185
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HB 185/AP
6- 1 of Revenue vehicle registration and vehicle title files.
6- 2 These inquiries shall be made from authorized Criminal
6- 3 Justice Information System network terminals.: (A) Notify the Department of Revenue and the Georgia
6- 5 Crime Information Center of the description of the
6- 6 vehicle and the location to which such motor vehicle
6- 7 has been removed; and (B) If available on the Georgia Crime Information
6- 9 Center Network, determine the name and address of the
6-10 last known registered owner of such vehicle.
6-11 (2) If the name and address of the last known registered
6-12 owner of the motor vehicle is obtained from the Georgia
6-13 Crime Information Center, the peace officer who causes
6-14 the motor vehicle to be removed shall, within three
6-15 calendar days, make available to the person removing
6-16 such motor vehicle the name and address of the last
6-17 known registered owner of such motor vehicle, the owner
6-18 of the motor vehicle as recorded on the title of such
6-19 vehicle, and all security interest holders or
6-20 lienholders. If such information is not available, the
6-21 peace officer shall, within three calendar days, notify
6-22 the person removing or storing such vehicle of such
6-23 fact.
6-24 (3) Law enforcement agencies shall make record entries
6-25 in Georgia Criminal Justice Information System files
6-26 through authorized Criminal Justice Information System
6-27 network terminals after an unsuccessful attempt to
6-28 obtain vehicle ownership information and shall remove
6-29 the record entries when ownership is determined."
SECTION 3.
6-30 All laws and parts of laws in conflict with this Act are
6-31 repealed.
H. B. No. 185
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97