09 LC 28
4417
House
Bill 83
By:
Representatives Powell of the
29th,
Bearden of the
68th,
and Levitas of the
82nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating
to abandoned motor vehicles, so as to define relevant terms; to provide for
possessory liens on abandoned or derelict vehicles and their contents; to
provide for towing and storage of vehicles; to provide for notice of
abandonment; to provide notice of redemption; to provide for duties of law
enforcement officers; to enumerate appropriate towing and storage fees; to
provide for the sale of abandoned vehicles; to provide for lien foreclosure; to
provide for hearings in magistrate court; to provide for derelict motor
vehicles; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned
motor vehicles, is amended by revising Article 1, relating to abandoned motor
vehicles generally, as follows:
"ARTICLE
1
40-11-1.
As
used in this article, the term:
(1)
'Abandoned motor vehicle' means a motor vehicle or trailer
and its
contents:
(A)
Which has been left by the owner or some person acting for the owner with an
automobile
dealer,
repairman, or wrecker service
or any repair
facility for repair or for some other
reason and has not been called for by such owner or other person within a period
of 30 days after the time agreed upon; or within 30 days after such vehicle is
turned over to such
dealer,
repairman, or wrecker service
or repair
facility when no time is agreed upon; or
within 30 days after the completion of necessary repairs;
(B)
Which is
left unattended on a public street, road, or highway or other public property
for a period of at least five days and when it reasonably appears to a law
enforcement officer that the individual who left such motor vehicle unattended
does not intend to return and remove such motor vehicle. However, on the state
highway system, any law enforcement officer may authorize the immediate removal
of vehicles posing a threat to public health or safety or to mitigate
congestion
has been left
by the owner or some person acting for the owner with a towing and storage
facility for a period of not less than 30 days without anyone having paid all
reasonable current charges for such towing and
storage;
(C)
Which has been lawfully towed
onto the
property of another
to a storage
facility at the request of a law
enforcement officer and left there for a period of not less than 30 days without
anyone having paid all reasonable current charges for such towing and
storage;
(D)
Which has been lawfully towed
onto the
property of another
from private
property to an automotive storage facility
at the request of a property owner
on whose
property the vehicle was abandoned
or person
acting for the property owner under the provisions set forth in Code Section
44-1-13 and left there for a period of not
less than 30 days without anyone having paid all reasonable current charges for
such towing and storage; or
(E)
Which has
been left unattended on private property for a period of not less than 30
days
was being
stored by agreement for an insurance company providing insurance to cover
damages to the vehicle, and was left for a period of not less than 30 days past
the date agreed upon.
(2)
'Derelict vehicle' means any motor vehicle that meets the criteria for
determining a derelict motor vehicle as prescribed in this Code
section.
(2)(3)
'Motor vehicle' or 'vehicle' means
a
motor vehicle or trailer
and its
contents.
(3)(4)
'Owner' or 'owners' means the registered owner, the owner as recorded on the
title, lessor, lessee, security interest holders, and all lienholders as shown
on the records of the Department of Revenue
or the records
from the vehicle's state of
registration.
40-11-2.
(a)
Any person
who removes
a motor vehicle from public property at the request of a law enforcement officer
or stores such vehicle shall, if the owner of the vehicle or some person acting
for the owner is not present, seek the identity of and address of all known
owners of such vehicle from the law enforcement officer requesting removal of
such, from such officer's agency, from a local law enforcement agency for the
jurisdiction in which the remover's or storer's place of business is located, or
from the State of Georgia by direct electronic access as provided through its
agencies and authorities within three business days of removal. The local law
enforcement agency shall furnish such information to the person removing such
vehicle within three business days after receipt of such
request
or facility
who legally tows, transports, or stores any motor vehicle shall have a
possessory lien on the vehicle limited to towing and storage fees, plus the
costs of notification, advertisement, and disposal where applicable. The
vehicle's owner shall be liable for all fees incurred. Further, such lien shall
include the vehicle's contents with the following exceptions: prescription drugs
or eyewear, child safety restraining devices, house keys, and personal
documentation such as birth or death records. This lien attaches when the
person or facility acts:
(1)
Under a contract with the owner or someone representing the owner;
(2)
At the direction of a law enforcement officer; or
(3)
At the direction of an owner or lessor, or a person authorized by the owner or
lessor, of private property on which such vehicle is located, and the vehicle
was removed in accordance with Code Section
44-1-13.
(b)
Any person or
facility who
removes
stores
a motor vehicle
that was
removed from
public
or private property at the request of
the
property owner or stores such vehicle shall, if the owner of the vehicle or some
person acting for the owner is not
present,
someone other
than the vehicle owner or some person acting for the owner
shall notify in writing a local law
enforcement agency of the location of the vehicle, the manufacturer's vehicle
identification number, license number, model, year, and make of the vehicle
within three business days of the removal of such vehicle and shall seek from
the local law enforcement agency or from the State of Georgia by direct
electronic access as provided through its agencies and authorities the identity
and address of all known owners of such vehicle and any information indicating
that such vehicle is a stolen motor vehicle. The local law enforcement agency
shall furnish such information to the person
removing
or facility
storing such vehicle within three business
days after receipt of such request.
(c)
If any motor vehicle removed under conditions set forth in subsection
(a)
or (b) of this Code section is determined
to be a stolen motor vehicle, the local law enforcement officer or agency shall
immediately
notify the
storage
facility of such determination, and provide to such storage facility the names
and addresses of all owners, if ascertainable, and shall further notify
the Georgia Crime Information Center of
the location of such motor vehicle within 72 hours after receiving notice that
such motor vehicle is a stolen vehicle.
(d)
If
When
any motor vehicle
is
removed under conditions set forth in subsection
(a)
or (b) of this Code section
is
determined not to be a stolen vehicle or is not a vehicle being repaired by a
repair facility or is not being stored by an insurance company providing
insurance to cover damages to the vehicle,
the person
removing
or
facility
storing such motor vehicle shall, within seven
calendar
business
days of the day such motor vehicle was removed or one business day after the
information is furnished to the
remover
or storer pursuant to subsection
(a)
or (b) of this Code section, whichever is
later, notify all owners, if known, by written acknowledgment signed thereby or
by certified or registered mail or
statutory
overnight delivery
other
third-party verifiable delivery method, of
the location of such motor vehicle, the fees connected with removal and storage
of such motor vehicle, and the fact that such motor vehicle
will
shall
be deemed abandoned under this chapter unless the owner, security interest
holder, or lienholder redeems such motor vehicle within 30 days of the day such
vehicle was removed.
Further, such
notification shall not be required if the vehicle is being repaired by a repair
facility or being stored at the request of the vehicle owner or someone acting
for the owner or if the vehicle is being stored by agreement for an insurance
company that is providing insurance to cover damages to the
vehicle.
(e)
If none of the owners redeems such motor vehicle as described in subsection (d)
of this Code section, or if a vehicle being repaired by a repair facility or
being stored
at the request
of the vehicle owner or someone acting for the owner
or by an insurance company
that
is providing insurance to cover damages to
the vehicle becomes abandoned, the person
removing
or
facility
storing such motor vehicle shall, within seven
calendar
business
days of the day such vehicle became an abandoned motor vehicle, give notice by
electronic means as provided by the State of Georgia through its agencies and
authorities, in writing, or by sworn statement, on the form prescribed by the
state revenue commissioner, to the Department of Revenue with a research fee as
fixed by rule or regulation payable to the Department of Revenue, stating the
manufacturer's vehicle identification number, the license number, the fact that
such vehicle is an abandoned motor vehicle, the model, year, and make of the
vehicle, the date the vehicle became an abandoned motor vehicle, the date the
vehicle was removed, and the present location of such vehicle and requesting the
name and address of all owners of such vehicle. If the form submitted is
rejected because of inaccurate or missing information, the person
removing
or
facility
storing the vehicle shall resubmit, within seven
calendar
business
days of the date of the rejection, a corrected notice form together with an
additional research fee as fixed by rule or regulation
payable to
the Department of Revenue. Each
subsequent corrected notice, if required, shall be submitted with an additional
research fee as fixed by rule or regulation
payable to
the Department of Revenue. If a person
removing
or
facility
storing the vehicle has knowledge of facts which reasonably indicate that the
vehicle is registered or titled in a certain other state, such person
or
facility shall check the motor vehicle
records of that other state in the attempt to ascertain the identity of the
owner of the vehicle. Research requests may be submitted and research fees made
payable to the office of the tax commissioner and deposited in the general fund
for the county in which the
remover's
or storer's place of business is located
in lieu of the Department of Revenue, but in like manner, if such office
processes motor vehicle records of the Department of Revenue.
(f)
Upon ascertaining the owners of such motor vehicle, the person
removing
or
facility
storing such vehicle shall, within five
calendar
business
days, by certified or registered mail or
statutory
overnight delivery
other
third-party verifiable delivery method,
notify all known owners of the vehicle of the location of such vehicle and of
the fact that such vehicle is deemed abandoned and shall be disposed of if not
redeemed and
make a demand for the payment of all applicable fees including repairs, towing,
storage, and the costs of any advertisement and notification. Such written
demand shall be on a form prescribed by the Department of Revenue. No such
notice or written demand shall be required if, after a good faith effort, the
identity of the owner cannot be
ascertained.
(g)
If the identity of the owners of such motor vehicle cannot be ascertained, the
person
removing
or
facility
storing such vehicle shall place an advertisement in a newspaper of general
circulation in the county where such vehicle was obtained or, if there is no
newspaper in such county, shall post such advertisement at the county courthouse
in such place where other public notices are posted. Such advertisement shall
run in the newspaper once a week for two consecutive weeks or shall remain
posted at the courthouse for two consecutive weeks. The advertisement shall
contain a complete description of the motor vehicle, its license and
manufacturer's vehicle identification numbers, the location from where such
vehicle was initially removed, the present location of such vehicle, and the
fact that such vehicle is deemed abandoned and shall be disposed of if not
redeemed.
(h)
The Department of Revenue shall provide to the Georgia Crime Information Center
all relevant information from sworn statements described in subsection (e) of
this Code section for a determination of whether the vehicles removed have been
entered into the criminal justice information system as stolen vehicles. The
results of the determination shall be provided electronically to the Department
of Revenue and
to the person or facility storing such
vehicle.
(i)
Any person or
facility storing a vehicle under the
provisions of this Code section shall notify the Department of Revenue if the
vehicle is recovered, is claimed by the owner, is determined to be stolen, or
for any reason is no longer an abandoned motor vehicle. Such notice shall be
provided within seven
calendar
business
days of such event.
(j)
If vehicle information on the abandoned motor vehicle is not in the files of the
Department of Revenue, the department may require such other information or
confirmation as it determines is necessary or appropriate to determine the
identity of the vehicle.
(k)
Any person
who does
not provide the notice and information required by this Code section shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a
misdemeanor, shall not be entitled to any storage fees, shall not be eligible to
contract with or serve on a rotation list providing wrecker services for this
state or any political subdivision thereof, and shall not be licensed by any
municipal authority to provide removal of improperly parked cars under Code
Section 44-1-13
or facility
who provides wrecker services for this state or any political subdivision
thereof, either by contract, rotation list, or by other agreement, shall prove
their knowledge of the provisions of this article, as well as their ability and
willingness to comply with such provisions prior to participating in any such
contract, agreement, or rotation list. Further, any person or facility who does
not provide the notice and information required by this Code section shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a
misdemeanor and shall be entitled to storage fees only for the period that the
Department of Revenue deems such person or facility was in compliance with this
Code section.
(l)
Any person or
facility who knowingly provides false or
misleading information when providing any notice or information as required by
this Code section shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished as for a
misdemeanor;
shall be removed from any contract or rotation list providing wrecker services
for this state or any political subdivision thereof; shall not be licensed by
the Public Service Commission or any municipal authority to provide removal of
improperly parked vehicles under Code Section 44-1-13 for a period of six
months; and shall not be eligible for reinstatement of such authority or license
until all abandoned vehicles being stored by that person or facility are legally
disposed of.
40-11-3.
(a)
Any peace officer who finds a motor vehicle which has been left unattended on a
public street, road, or highway or other public property for a period of at
least
five
two
days shall be authorized to cause such motor vehicle to be removed to
a garage or
other place of safety, if such peace officer reasonably believes that the person
who left such motor vehicle unattended does not intend to return and remove such
motor vehicle
an automotive
storage facility.
(b)
Any law enforcement officer who finds a motor vehicle which has been left
unattended on the state highway system shall be authorized to cause such motor
vehicle to be removed immediately to
a garage or
other place of safety
an automotive
storage facility when such motor vehicle
poses a threat to public health or safety or to mitigate congestion. Any peace
officer who finds a motor vehicle which has been left unattended on a public
street, road, or highway or other public property, other than the state highway
system, shall be authorized immediately to cause such motor vehicle to be
removed immediately to
a garage or
other place of safety
an automotive
storage facility when such motor vehicle
poses a threat to public health or safety or to mitigate
congestion.
(c)
Any peace officer who, under this Code section, causes any motor vehicle to be
removed to
a garage or
other place of safety
an automotive
storage facility shall be liable for gross
negligence only.
(d)(1)
Any peace officer or the law enforcement agency which causes a motor vehicle to
be removed to
a garage or
other place of safety
an automotive
storage facility or which is notified of
the removal of a motor vehicle from private property shall within 72 hours from
the time of removal or notice and if the owner is unknown attempt to determine
vehicle ownership through official inquiries to the Department of Revenue
vehicle registration and vehicle title files. These inquiries shall be made
from authorized criminal justice information system network
terminals.
(2)
If the name and address of the last known registered owner of the motor vehicle
is obtained from the Georgia Crime Information Center, the peace officer who
causes the motor vehicle to be removed shall, within three calendar days, make
available to the person
or
facility removing such motor vehicle the
name and address of the last known registered owner of such motor vehicle, the
owner of the motor vehicle as recorded on the title of such vehicle, and all
security interest holders or lienholders. If such information is not available,
the peace officer shall, within three calendar days, notify the person
or
facility removing or storing such vehicle
of such fact.
(3)
Law enforcement agencies shall make record entries in Georgia criminal justice
information system files through authorized criminal justice information system
network terminals after an unsuccessful attempt to obtain vehicle ownership
information and shall remove the record entries when ownership is
determined.
40-11-3.1.
(a)
It shall be the duty of any peace officer who discovers a motor vehicle which
has been left unattended on a public street, road, or highway or other public
property to immediately perform an unattended vehicle check on such motor
vehicle, unless there is displayed on such motor vehicle an unattended vehicle
check card indicating that another peace officer has already performed such an
unattended vehicle check. For purposes of this Code section, an unattended
vehicle check shall consist of such actions as are reasonably necessary to
determine that the unattended vehicle does not contain an injured or
incapacitated person and to determine that the unattended vehicle does not pose
a threat to public health or safety.
(b)
A peace officer completing an unattended vehicle check shall complete and attach
to the vehicle an unattended vehicle check card. Unattended vehicle check cards
shall be in such form, and shall be attached to vehicles in such manner, as may
be specified by rule or regulation of the Department of Public Safety; and to
the extent that sufficient funds are available to the department, the department
may distribute such forms free of charge to law enforcement agencies in this
state. Unattended vehicle check cards shall be serially numbered; shall be of a
distinctive color and shape, so as to be readily visible to passing motorists;
and shall contain spaces for the investigating police officer to indicate the
location of the vehicle, the date and time of the completion of the unattended
vehicle check, and the name of such peace officer's law enforcement agency. A
detachable stub, which shall be filed with the investigating peace officer's law
enforcement agency, shall bear the same serial number and shall contain the same
information, together with the identity of the investigating peace officer and
the license plate number and other pertinent identifying information relating to
the abandoned vehicle.
(c)
Nothing in the Code section shall limit the otherwise applicable authority of a
peace officer to have an unattended motor vehicle removed to
a garage or
other place of safety
an automotive
storage facility.
(d)
It shall be unlawful for any person other than a peace officer to attach a
genuine or counterfeit unattended motor vehicle check card to a motor vehicle;
and any person convicted of violating this subsection shall be guilty of a
misdemeanor.
40-11-3.2.
(a)
It shall be unlawful for the owner or operator of a paid private parking lot or
paid private parking facility located within 500 feet of an establishment which
serves alcoholic beverages for consumption on the premises to remove, tow, or
immobilize or cause to be removed, towed, or immobilized a motor vehicle left in
such lot or facility between midnight and noon of the following day. Nothing in
this Code section shall prohibit the owner of such a parking lot or facility
from charging a penalty not to exceed $25.00 in excess of normal parking fees
for vehicles which remain on the property during such period without
authorization. No owner or operator of such a parking lot or facility shall be
liable for any damages to any motor vehicle remaining on the property during
such period without authorization. Nothing in this Code section shall prohibit
a resident or a business owner from towing or removing or causing to be towed or
removed a motor vehicle left on private property. For purposes of this
subsection, the terms 'paid private parking lot' and 'paid private parking
facility' mean private parking lots where the owner or operator of a motor
vehicle pays a valuable consideration for the right to park in such parking lot
or parking facility.
(b)
Any person violating the provisions of subsection (a) of this Code section shall
be guilty of a misdemeanor.
40-11-4.
(a)
Any person who removes or stores any motor vehicle which is or becomes an
abandoned motor vehicle shall have a lien on such vehicle for the reasonable
fees connected with such removal or storage plus the cost of any notification or
advertisement. Such lien shall exist if the person moving or storing such
vehicle is in compliance with Code Section 40-11-2.
(b)
The lien acquired under subsection (a) of
this Code
section
Code Section
40-11-2 may be foreclosed in any court
which is competent to hear civil cases, including, but not limited to,
magistrate courts. Liens shall be foreclosed in magistrate courts only when the
amount of the lien does not exceed the jurisdictional limits established by law
for such courts.
40-11-5.
All
liens acquired under Code Section 40-11-4 shall be foreclosed as
follows:
(1)
Any proceeding to foreclose a lien on an abandoned motor vehicle
must
shall
be instituted within one year from the time the lien is recorded or is asserted
by retention;
(2)
The person desiring to foreclose a lien on an abandoned motor vehicle shall, by
certified or registered mail or
statutory
overnight delivery
other
third-party verifiable delivery method,
make a demand upon the owners for the payment of the reasonable fees for removal
and storage plus the costs of any notification or advertisement. Such written
demand shall include an itemized statement of all charges and may be made
concurrent with the notice required by subsection (f) of Code Section 40-11-2.
Such demand shall be made on a form prescribed by rule or regulation of the
Department of Revenue and shall notify the owner of his or her right to a
judicial hearing to determine the validity of the lien. The demand shall
further state that failure to return the written demand to the lien claimant,
file with a court of competent jurisdiction a petition for a judicial hearing,
and provide the lien claimant with a copy of such petition, all within ten days
of delivery of the lien claimant's written demand, shall effect a waiver of the
owner's right to such a hearing prior to sale. The form shall also provide the
suspected owner with the option of disclaiming any ownership of the vehicle, and
his or her affidavit to that effect shall control over anything contrary in the
records of the Department of Revenue. No such written demand shall be required
if the identity of the owner cannot be ascertained and the notice requirements
of subsection (g) of Code Section 40-11-2 have been complied with;
(3)(A)
If, within ten days of delivery to the appropriate address of the written demand
required by paragraph (2) of this Code section, the owner of the abandoned motor
vehicle fails to pay or file with the court a petition for a judicial hearing
with a copy to the lien claimant in accordance with the notice provided pursuant
to paragraph (2) of this Code section, or if the owner of the abandoned motor
vehicle cannot be ascertained, the person
or
facility
removing
or storing the abandoned motor vehicle may
foreclose such lien. The person
or
facility asserting such lien may move to
foreclose by making an affidavit to a court of competent jurisdiction, on a form
prescribed by rule or regulation of the Department of Revenue, showing all facts
necessary to constitute such lien and the amount claimed to be due. Such
affidavit shall aver that the notice requirements of Code Section 40-11-2 have
been complied with, and such affidavit shall also aver that a demand for payment
in accordance with paragraph (2) of this Code section has been made without
satisfaction or without a timely filing of a petition for a judicial hearing or
that the identity of the owner cannot be ascertained. The person
or
facility foreclosing shall verify the
statement by oath or affirmation and shall affix
his,
or
her, or its
agent's signature thereto.
(B)
Regardless of the court in which the affidavit required by this paragraph is
filed, the fee for filing such affidavit shall be $10.00 per motor vehicle upon
which a lien is
asserted, plus
$15.00 for the state indigent defense fund. No additional fees or moneys shall
be added to the cost of this filing, except where a full hearing is requested
and subsequently granted by the court. In such case, the court hearing the case
shall be authorized to assess its normal fee for such a
hearing;
(4)
If no timely petition for a hearing has been filed with a court of competent
jurisdiction, then, upon such affidavit's being filed by the lien claimant
pursuant to paragraph (3) of this Code section, the lien
will
shall
conclusively be deemed a valid one and foreclosure thereof allowed;
(5)
If a petition for a hearing is filed with a court of competent jurisdiction
within ten days after delivery of the lien claimant's demand, a copy of which
demand shall be attached to the petition, the court shall set such a hearing
within ten
business
days of filing of the petition;
(6)
Upon the filing of such petition by an owner, neither the lien claimant nor the
court may sell the motor vehicle, although possession of the motor vehicle may
be retained by the lien claimant or obtained by the court in accordance with the
order of the court which sets the date for the hearing;
(7)
If, after a full hearing, the court finds that a valid debt exists, then the
court shall authorize foreclosure upon and sale of the motor vehicle subject to
the lien to satisfy the debt if such debt is not otherwise immediately
paid;
(8)
If the court finds the actions of the person
or
facility asserting the lien in retaining
possession of the motor vehicle were not taken in good faith, then the court, in
its discretion, may award damages to the owner, any party which has been
deprived of the rightful use of the vehicle, or the lessee due to the
deprivation of the use of the motor vehicle; and
(9)
If an affidavit meeting the requirements of paragraph (3) of this Code section
is filed and no petition for a hearing is timely filed, or if, after a full
hearing, the court determines that a valid debt exists, the court shall issue an
order authorizing the sale of such motor vehicle. However, the holder of a
security interest in or a lien on the vehicle, other than the holder of a lien
created by
subsection (a)
of Code Section
40-11-4
40-11-2,
shall have the right, in the order of priority of such security interest or
lien, to pay the debt and court costs. If the holder of a security interest or
lien does so pay the debt and court costs, he or she shall have the right to
possession of the vehicle, and his or her security interest in or lien on such
vehicle shall be increased by the amount so paid. A court order shall be issued
to this effect, and in this instance there shall not be a sale of the
vehicle.
40-11-6.
(a)
Upon order of the court, the person
or
facility holding the lien on the abandoned
motor vehicle shall be authorized to sell such motor vehicle at public sale, as
defined by Code Section 11-1-201.
(b)
After satisfaction of the lien, the person
or
facility selling such motor vehicle shall,
not later than 30 days after the date of such sale, provide the clerk of the
court with a copy of the bill of sale as provided to the purchaser and turn the
remaining proceeds of such sale, if any, over to the clerk of the court. Any
person or
facility who fails to comply with the
requirements of this subsection shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as for a misdemeanor.
40-11-7.
The
purchaser at a sale as authorized in this article shall receive a certified copy
of the court order authorizing such sale. Any such purchaser may obtain a
certificate of title to such motor vehicle by filing the required application,
paying the required fees, and filing a certified copy of the order of the court
with the Department of Revenue. The Department of Revenue shall then issue a
certificate of title, which shall be free and clear of all liens and
encumbrances.
40-11-8.
The
clerk of the court shall retain the remaining balance of the proceeds of a sale
under Code Section 40-11-6, after satisfaction of liens, security interests, and
debts, for a period of 12 months; and, if no claim has been filed against such
proceeds by the owner of the abandoned motor vehicle or any interested party,
then he or she shall
pay
return
such remaining balance
as
follows:
to the repair
or towing and storage facility that initiated the foreclosure.
(1)
If the abandoned motor vehicle came into the possession of the person creating
the lien other than at the request of a peace officer, the proceeds of the sale
shall be divided equally and paid into the general fund of the county in which
the sale was made and into the general fund of the municipality, if any, in
which the sale was made;
(2)
If the abandoned motor vehicle came into the possession of the person creating
the lien at the request of a police officer of a municipality, the proceeds of
the sale shall be paid into the general fund of the municipality;
(3)
If the abandoned motor vehicle came into the possession of the person creating
the lien at the request of a county sheriff, deputy sheriff, or county police
officer, the proceeds of the sale shall be paid into the general fund of the
county in which the sale was made;
(4)
If the abandoned motor vehicle came into the possession of the person creating
the lien at the request of a member of the Georgia State Patrol or other
employee of the State of Georgia, the proceeds of the sale shall be paid into
the general fund of the county in which the sale was made.
40-11-9.
(a)
If a motor vehicle has been left unattended on private property for not less
than two days or on public property for not less than three days without the
owner or driver making any attempt to recover such vehicle or to leave a
conspicuously placed note that such owner or driver intends to return for such
vehicle; or, if a conspicuous note was left, if the motor vehicle has been left
unattended for not less than five days and if because of damage, vandalism,
theft, or fire the vehicle is damaged to the extent that its restoration to an
operable condition would require the replacement of one or more major component
parts or involves any structural damage that would affect the safety of the
vehicle; or if there is evidence that the vehicle was inoperable due to major
mechanical breakdown at the time it was left on the property, such as the
engine, transmission, or wheels missing, no coolant in the cooling system, no
oil in the engine, or burned fluid in the transmission; or if the vehicle is
seven or more years old; or if the vehicle is not currently tagged or is not
verifiable by the state as to who is the current owner or lienholder of the
vehicle; or if the vehicle has been abandoned to a wrecker service by an
insurance company and the owner following the insurance company's making a total
loss payment, then any person
or
facility removing such vehicle shall
within 72
hours
three business
days of removing such vehicle obtain the
identity of and address of the last known registered owner of the vehicle, the
owner of the vehicle as recorded on the certificate of title of such vehicle,
and any security interest holder or lienholder on such vehicle from the local
law enforcement agency of the jurisdiction in which the vehicle was located. If
the law enforcement agency shows no information on the vehicle, then a request
for such information shall be sent to the Department of Revenue. Within
72
hours
three business
days after obtaining such information, the
person or
facility removing such vehicle shall, by
certified mail
or
statutory overnight delivery, return
receipt requested,
or personal
written acknowledgment, or other third-party verifiable delivery method
requiring signature, notify the registered
owner, title owner, and security interest holder or lienholder of the vehicle
that such vehicle
will
shall
be declared a derelict vehicle and the title to such vehicle
will
shall
be canceled by the Department of Revenue if such person or persons fail to
respond within ten
business
days of receipt of such notice. The state revenue commissioner shall prescribe
the form and content of such notice. If the registered owner, title owner, or
security interest holder or lienholder fails to respond within 30
business
days from the date of such notice by certified mail or
statutory
overnight delivery
other
third-party verifiable delivery method,
and if the vehicle is appraised as having a total value of less than $300.00,
the vehicle shall be considered to be a derelict vehicle. The value of the
vehicle shall be determined as 50 percent of the wholesale value of a similar
car in the rough section of the
National Auto Research
Black Book, Georgia Edition, or if a
similar vehicle is not listed in such book or, regardless of the model year or
book value of the vehicle, if the vehicle is completely destroyed by fire,
flood, or vandalism or is otherwise damaged to the extent that restoration of
the vehicle to a safe operable condition would require replacement of more than
50 percent of its major component parts, the person
or
facility shall obtain an appraisal of the
motor vehicle from the local law enforcement agency's auto theft section with
jurisdiction in the county or municipality where such vehicle is located. Any
person or
facility removing a vehicle shall complete
a form, to be provided by the Department of Revenue, indicating that the vehicle
meets at least four of the above-stated eight conditions for being a derelict
vehicle and shall file such form with the Department of Revenue and the law
enforcement agency with jurisdiction from which such vehicle was
removed.
(b)
Upon determination that a vehicle is a derelict motor vehicle as provided in
subsection (a) of this Code section, it may be disposed of by sale to a
person
who
or facility
which scraps, dismantles, or demolishes
motor vehicles, provided that such vehicle may be sold for scrap or parts only
and shall in no event be rebuilt or sold to the general public. Any person
disposing of a derelict motor vehicle shall, prior to disposing of such vehicle,
photograph such vehicle and retain with such photograph the appraisal required
in subsection (a) of this Code section and the notice to the Department of
Revenue required in this subsection for a period of three years after its
disposition. Such person shall also notify the Department of Revenue of the
disposition of such vehicle in such manner as may be prescribed by the state
revenue commissioner. The Department of Revenue shall cancel the certificate of
title for such vehicle and shall not issue a rebuilt or salvage title for such
vehicle.
(c)
For purposes of this Code section, the term 'derelict vehicle' shall not include
a vehicle which does not bear a manufacturer's vehicle identification number
plate or a vehicle identification number plate assigned by a state
jurisdiction.
(d)
Any owner
or person
acting for the
owner who abandons a derelict motor
vehicle on public or private property shall be
guilty of a
misdemeanor and upon conviction shall be fined not more than $500.00 and shall
pay
liable
for all costs of having such derelict
motor vehicle removed, stored, and sold as provided for in this Code section.
Notwithstanding
any other provision of law to the contrary, such fines shall be disposed as
follows:
(1)
If the abandoned motor vehicle was removed other than at the request of a peace
officer, the moneys arising from the fine shall be divided equally and paid into
the general fund of the county in which the offense was committed and into the
general fund of the municipality, if any, in which the offense was
committed;
(2)
If the abandoned motor vehicle was removed at the request of a police officer of
a municipality, the moneys arising from the fine shall be paid into the general
fund of the municipality;
(3)
If the abandoned motor vehicle was removed at the request of a county sheriff,
deputy sheriff, or county police officer, the moneys arising from the fine shall
be paid into the general fund of the county in which the offense was committed;
and
(4)
If the abandoned motor vehicle was removed at the request of a member of the
Georgia State Patrol or other employee of the State of Georgia, the moneys
arising from the fine shall be paid into the general fund of the county in which
the offense was committed.
(e)
Any person or
facility removing a derelict motor vehicle
who fails to comply with the requirements of this Code section or who knowingly
provides false or misleading information when providing any notice or
information required by this Code section shall be guilty of a
misdemeanor.
(f)
Neither the State of Georgia nor any state agency nor the person
or
facility removing, storing, and processing
the vehicle unless recklessly or grossly negligent shall be liable to the owner
of a vehicle declared to be a derelict motor vehicle pursuant to this Code
section or an abandoned motor vehicle."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.