What Is an Abandoned Vehicle?
The law considers a vehicle to be abandoned on private property if it appears to be unattended and left in that location for a time period that has exceeded the limits proscribed by statute. Because statutes vary by state, the time periods can range from 0 days to 100 days to even longer, depending on local law. Nevertheless, there is a general consensus on the characteristics of an abandoned vehicle.
Most statutes require that an abandoned vehicle shall be capable of being driven prior to being defined as such. Thus, a damaged vehicle does not generally qualify as abandoned. Additionally, an abandoned vehicle will still retain all of its parts . This means that a vehicle with a missing tire or hubcap does not constitute an abandoned vehicle, unless there are other, further indications that the vehicle has been deliberately stripped of its parts. An abandoned vehicle also cannot be heavily burned or rusted – the same logic applies even if a vehicle appears to have been stripped of its parts. In other words, the seized abandoned vehicle must be essentially complete in order to fall within the scope of abandoned vehicles statutes. These guidelines are not without exception; statutes may vary somewhat between jurisdictions. But generally speaking, a vehicle that has been stripped or damaged to the point where it is no longer movable does not fall within the scope of abandoned vehicles laws.
Responsibilities Under the Law
When an abandoned vehicle is found on private property, the owner of the premises has a number of legal obligations. In addition to establishing whether the car is in fact abandoned, the owner must take certain actions to remedy the situation.
Step 1: Identify the Owner of the Vehicle
If the car bears recent license plates, the owner can easily be identified through the Department of Motor Vehicles (DMV). If the car cannot be identified, its VIN (vehicle identification number) can be traced through the DMV. In many cases, the identification of the owner is not necessary to take further steps to remove the vehicle. However, it may be helpful to have this information available in order to further pursue any damages that have occurred as a result of the presence of the vehicle on the property.
Step 2: Assess the Condition of the Vehicle
The owner of the property should assess whether the abandoned vehicle constitutes a safety hazard or nuisance due to its current condition. If this is the case, other steps may need to be taken in addition to notifying authorities and possibly removing the vehicle. In reviewing whether the abandoned vehicle creates a safety hazard or nuisance, the owner of the property should consider: If the vehicle meets one or more of these criteria, his or her legal responsibilities may include:
Step 3: Notify Authorities
Once the property owner has identified the owner of the vehicle and determined that the vehicle qualifies as a safety hazard or nuisance, he or she should notify local authorities. While individual cities and counties may have varying laws that apply, most municipalities will have some ordinance on the books that applies to the vehicle at issue. For example, ordinances commonly cover the abandonment of motor vehicles on a street, highway or alley. Another typical provision within the code is that covers the removal of abandoned motor vehicles from private property. This typically occurs in a set time period and in a specific manner. It can frequently prove difficult to locate the owner of an abandoned vehicle. Once the owner is found, the required time frames for providing notice and after that, the removal of the vehicle, can become burdensome for property owners, especially when they face multiple violations.
City And State Guidelines
The rules and regulations concerning the removal of an abandoned vehicle from private property are dependent on state and local laws. This can create a host of problems. Although Texas has the most extensive set of provisions in the country for the removal of an abandoned vehicle on private property, most states have some sort of structure in place. Keep in mind, however, that each locality — such as a county or municipality — may have its own ordinances, often modeled after state law, governing the removal of an abandoned vehicle on private property. As a result, the same circumstances may be handled differently, depending on whether an individual is dealing with an enacted statute or an ordinance.
For example, the State of Florida contains a traffic statute entitled Vehicles for Sale or Trade. Fla. Stat. § 706.111 consists of five paragraphs. Subsections (1) through (4) of Section 706.11 outline a detailed process for dealing with abandoned vehicles on public property. However, subsection (5) states: Notwithstanding subsections (1) through (4), any ordinance or regulation on the removal of unattended vehicles on private property shall not apply to a vehicle which is displayed for sale or trade.
The ordinance for Miami-Dade County, Florida, is one that does comply with Section 706.11. It states that to remove a vehicle that appears to be abandoned, it is necessary to give notice that it may be towed if not removed. The notice shall be affixed in a conspicuous place on the vehicle and shall contain specific information, including: Further, the ordinance requires that notice be mailed to the owner of the motor vehicle at the address for the registrant based on DMV vehicle registration records, within 10 days following placement of the notice on the vehicle. The notice shall advise the owner that if the vehicle remains on the property for more than 48 hours, it may be removed and impounded by the property owner at the owner’s expense. An affidavit attesting to notification and an invoice must be sent to all lien holders of record. The person desiring to impound the vehicle then must petition the circuit judge for an order authorizing impoundment. The court may award reasonable storage fees based upon tangible property lienholder’s invoice. The property owner must notify the person desiring the impoundment of the vehicle, and once the order for impounding is received, the owner of the property must contact the agency maintaining the facilities for maintenance of "forgotten property" to perform the removal and impoundment of the vehicle.
How To Legally Have An Abandoned Vehicle Removed
The process for the legal removal of an abandoned vehicle from your property is as follows:
- You must post a notice on the vehicle advising the owner that you will seek its removal, and allowing it no less than 10 days to remove the vehicle
- You must send a copy of this notice to the owner via certified mail (if you do not know the owner, you may contact DMV for the name and address)
- If upon the expiration of 10 days the owner has not removed the vehicle, and you have complied with 1 and 2 above, you may then have the vehicle towed .
The property owner does not have to pay for the towing, but the towing company can keep the vehicle until the charges are paid. If the company does not remove the vehicle, or if there is a dispute over the charges, the property owner remains liable for the charges.
The logic behind this process is to avoid an owner being surprised to find their vehicle has been removed, and to even allow the owner to remove the vehicle after the owner may have expected, thereby protecting both the motorist and the property owner.
Penalties For Improper Removal
In such cases, property owners may find themselves on the receiving end of a lawsuit from the vehicle’s owner. If the vehicle was sold without first obtaining lawful title, the owner may even decide to sue the property owner, alleging conversion of his or her property. While converting an automobile can technically be done in certain circumstances, it is unlikely that an unlawful seizure-without following a proper procedure-can be lawful. Depending on the state in question, conversion claims may be brought in small claims court.
Beyond the fine, a minimal civil penalty may also be accessed to the landowner. It is a rare occasion-in most jurisdictions-in which a landowner is granted any sort of criminal liability for the removal of a vehicle, however. The law may allow for a small monetary penalty or civil penalty to be imposed if a statute has not been adhered to, but that is the full extent of the consequences.
If improper removal has transpired, and the landowner is still in possession of the abovementioned abandoned vehicle, this can have additional negative consequence to the landowner. Besides being presented as evidence in a conversion lawsuit in small claims court (as mentioned above), the removal of the abandoned vehicle without active involvement from a local agency has now arguably made the situation worse. Now, the vehicle on the property is likely subject to other penalties, including detention fees, an impoundment fee, and a consider removal fee. A vehicle may be considered abandoned if unlicensed and left unattended on a public street for over 96 hours, though the definition may vary from jurisdiction to jurisdiction. The vehicle may be impounded by a private company at the behest of a law enforcement agency or the municipality. These additional fees may be levied whether the vehicle is unregistered, parked on the property, or otherwise.
Where to Go For Help
Owners of private property facing abandoned vehicles on their lands have several resources at their disposal to assist them with the resolution of disputes and issues arising from these vehicles. The various government agencies, organizations and private service providers all act to provide information about abandoned cars, procedural assistance, and often direct action toward the prompt removal of the vehicle should the owner fail to remove it.
The Department of Motor Vehicles oversees the sale of abandoned vehicles through either a public auction or a private bid process. This process requires notice to the vehicle owner of the pending disposition and an opportunity for the owner to retrieve it. The law provides a number of protections to vehicle owners to which property owners must conform and, similarly, numerous restrictions upon property owners that must be observed if the disposal of the abandoned vehicle by the property owner is to have any force under law. If the car is to be sold through private bid, the property owner may contract with a licensed automotive dismantler or scrap metal processor to arrange for these formalities.
Law enforcement officers from your local police department, sheriff’s office, or the California Highway Patrol are often available to assist in the investigation of the ownership of the abandoned vehicle . Should you seek to enforce an impoundment, sale, or other requirement upon the vehicle owner, you may find it necessary to enlist the assistance of these officers to obtain the information you need.
Vehicle auctions are regularly held at sale yards, towing companies, and automotive dismantlers in every county and within broad geographic ranges across multiple counties and regions. In addition to providing facilities for the sale or scrapping of vehicles, many of these organizations also provide other ancillary services, such as tow services, automobile auctions, graveled storage lots, and other similar offerings. Often, the fee structures for these operations in combination with the vehicle sale revenues may permit you to offset to a great extent the costs necessary for the sale or scrapping of your abandoned vehicle.
Numerous professional services operate in the fields of automotive valuation and damage evaluation, sales and purchases of disposed vehicles, and other related services. Such services may be tagged onto other matters or used as a standalone service. These services may offer valuable assistance in the valuation of abandoned vehicles, aid in the determination of whether tactics such as sale and impairment would result in a gain or loss to you, and often are qualified to perform the damages evaluations necessary to seek reimbursement of damages to your property resulting from the abandoned vehicle.