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& Recovery Association, Inc. |
(Including the year each statute was last
amended and/or became effective)
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CHAPTER 11
ABANDONED, SEIZED AND
JUNK VEHICLES
Article
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GENERAL PROVISIONS
Section
28-4803. Public vehicle;
fee exemption.
28-4804. Abandoned
vehicle administration monies; deposit.
28-4805. Towing company;
reimbursement.
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28-4801. Definitions.
In
this chapter, unless the context otherwise requires:
1.
"Abandoned vehicle" means a vehicle, trailer or semitrailer that is
of a type subject to registration under this title whether lost, stolen,
abandoned or otherwise unclaimed and that has been abandoned on a public
highway, public property or elsewhere in this state, including private
property. Evidence that a vehicle was left unattended for a period of
forty-eight hours within the right-of-way of any highway, road, street or other
public thoroughfare or for a period of seventy-two hours on public or private
property or elsewhere in this state is prima facie evidence of
abandonment.
2.
"Officer" means any police officer or other law enforcement
officer.
3.
"Vehicle registration agency" means the agency or department of any
state that has charge of the records of motor vehicle registration in that
state.
1997
28-4802. Fees.
A. Except as provided in subsection B of this
section, the owner of record of a vehicle at the time of abandonment of the
vehicle is liable to the department for the transfer of ownership or disposal
in the amount of fifty dollars if the vehicle was:
1.
Abandoned and junked pursuant to article 3 of this chapter on private property
or public land or on or within the right-of-way of a street or highway.
2.
Abandoned on private property or public land or on or within the right-of-way
of a street or highway and the department issues a transfer of ownership
pursuant to the procedures prescribed by this chapter.
3.
Abandoned and junked pursuant to article 3 of this chapter and towed with the
written permission of the state land commissioner from state trust land located
within the boundaries of an incorporated city or town.
B. The owner of record of a vehicle at the time
of abandonment is liable to the department for the transfer of ownership or
disposal in the amount of two hundred dollars if the vehicle was:
1.
Abandoned and junked pursuant to article 3 of this chapter and towed with the
written permission of the governing authority off of national forest, state
park, bureau of land management or state trust land located outside the
boundaries of an incorporated city or town.
2.
Abandoned and towed with the written permission of the governing authority off
of national forest, state park, bureau of land management or state trust land
located outside the boundaries of an incorporated city or town and the
department issues a transfer of ownership pursuant to the procedures prescribed
by this chapter.
3.
Abandoned outside the right-of-way of a street or highway located outside the
boundaries of an incorporated city or town.
C. In addition to the registration fee or driver
license fee prescribed by sections 28-2003 and 28-3002, the department shall
collect the fee prescribed in subsections A and B of this section as an
additional registration fee at the time the owner of the vehicle subsequently
registers another vehicle in this state or as an additional driver license fee
at the time the owner of the vehicle subsequently applies for or renews a
driver license issued by this state. The department shall deposit, pursuant to
sections 35-146 and 35-147, the additional fee collected for the transfer of
ownership or disposal in the abandoned vehicle administration fund established
by section 28-4804.
D. The department:
1.
Shall notify the owner of an abandoned vehicle for which ownership has been
transferred or of a junk vehicle that has been disposed of about the additional
fee at the time of a subsequent vehicle registration or driver license
application or renewal.
2.
Shall provide a complete description of the abandoned or junked vehicle, the
vehicle identification number of the vehicle and the date on which the vehicle
was disposed of or ownership was transferred by the department.
3.
May waive the additional fee if the person provides proof satisfactory to the
director that the vehicle had been transferred or assigned to another person
before the day of abandonment.
4.
May prescribe by rule a fee of not more than ten dollars for processing an
abandoned vehicle report.
2000
28-4803. Public vehicle; fee exemption.
Fees
as prescribed in this title shall not be collected if the transfer of ownership
is in the name of a state agency or political subdivision.
1995
28-4804. Abandoned vehicle administration monies; deposit.
The
department may receive monies pursuant to section 28-4802 and all monies
collected pursuant to this chapter for deposit in the state highway fund
established by section 28-6991. The department shall use monies collected
pursuant to this chapter to carry out the duties prescribed by this
chapter.
1997
28-4805. Towing company; reimbursement.
If
a vehicle is abandoned pursuant to section 28-4802 on national forest, state
park, bureau of land management or state trust land and a fee is collected by
the department, the towing company that towed the abandoned vehicle off of the
land, if still in business, is entitled to receive one hundred dollars from the
fee collected.
1995
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REGULATION
Section
28-4831. Abandonment
prohibited.
28-4835. Presumption of
responsibility.
28-4836. Towed vehicles;
notification; violation; classification.
28-4837. Towing and
storage costs.
28-4838. Report;
abandoned and seized vehicles; violation; classification.
28-4839. Report; vehicle
abandoned in storage; violation; classification; disposition.
28-4840. Report; vehicle
abandoned in repair facility; disposition.
28-4841. Abandoned
vehicle; notice of intent to transfer vehicle.
28-4842. Unclaimed
vehicle; transfer of ownership; immunity.
28-4843. Reclaimed
vehicle; payment of costs.
28-4844. Affidavit;
stolen vehicle; suspension of registration.
28-4845. Stolen and
recovered vehicles; record and report; distribution.
28-4846. Stolen vehicles;
inspection; violation; classification.
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28-4831. Abandonment prohibited.
A
person shall not abandon a vehicle on any street or highway or on any other
public, federal, state trust, national forest, state park or bureau of land
management land or private property.
1995
28-4832. Exemption.
A
motor vehicle eligible for licensing pursuant to chapter 7, article 14 of this
title or section 28-2411 is not an abandoned vehicle and shall not be seized
pursuant to this chapter or any ordinance authorized by this chapter while the
vehicle is stored or maintained on the vehicle owner's private property.
1996
28-4833. Local ordinances.
Subject
to the limitations imposed by section 28-4832, an incorporated city or town may
provide by ordinance for the removal and custody of abandoned vehicles on
public or private property within its jurisdiction. The disposal of these
vehicles shall be pursuant to this chapter.
1997
28-4834. Vehicle removal.
A. An officer who has reasonable grounds to
believe that a vehicle has been lost, stolen, abandoned or otherwise unclaimed
may remove or cause the removal of the vehicle from any street or highway or on
any other public, federal, state trust, national forest, state park or bureau
of land management land or private property.
B. In counties with a population of less than
one million five hundred thousand persons, before an officer removes or causes
the removal of a vehicle that is abandoned as provided in section 28-4839 from
the person in possession of the vehicle, the owner or lienholder of the vehicle
or any other person who has an interest in the vehicle shall pay the person on
whose property the vehicle was discovered an amount that does not exceed five
dollars for each day of storage up to a maximum of five hundred dollars for the
storage of the vehicle and the fee for processing an abandoned vehicle report
as prescribed by section 28-4802 if the person on whose property the vehicle
was discovered does both of the following:
1.
Notifies a law enforcement agency by telephone in the jurisdiction where the
vehicle was discovered of the presence of the vehicle on the person's property
within forty-eight hours after the property owner discovered the vehicle.
2.
Gives notice of abandonment of the vehicle in the manner prescribed by
law.
C. This section does not require a law
enforcement agency to pay any charges related to a vehicle that a law
enforcement agency is required or otherwise authorized by law to impound or
remove.
D. If a person removes or causes the removal of
an abandoned vehicle from private property, the person shall both:
1.
Obtain written authorization from the owner or lessee of the property on a form
prescribed by the director.
2.
Submit the form and the vehicle identification form to the department.
E. An officer who is employed by a public agency
or political subdivision and who has removed an abandoned vehicle pursuant to
this section or who has removed or caused to be removed a vehicle pursuant to
section 28-872 shall inspect the vehicle and shall complete the vehicle
identification form prescribed or approved by the director. The agency or
political subdivision shall make an inquiry to determine whether the abandoned
vehicle is a stolen abandoned vehicle.
F. A person who has removed or caused to be
removed an abandoned vehicle from public land pursuant to section 28-4802 or
private property shall have the vehicle inspected by an officer or agent of the
department who shall complete the vehicle identification form prescribed by the
director. The officer or agent designated by the director shall make an inquiry
to determine whether the abandoned vehicle is a stolen abandoned vehicle.
2001
28-4835. Presumption of responsibility.
The
abandonment of a vehicle in a manner provided in this chapter is a presumption that
the last registered owner of record is responsible for the abandonment and is
subject to this chapter, unless either:
1.
An affidavit has been filed that the vehicle was stolen pursuant to section
28-4844.
2.
A stolen report has been accepted by a local law enforcement agency.
3.
A report has been filed pursuant to section 28-2058.
1996
28-4836. Towed vehicles; notification; violation; classification.
A. Except if acting under the direction of a
peace officer, a person who moves or tows a vehicle into a public garage,
parking lot, storage yard or automotive recycling yard or on private property
without the consent of the vehicle owner or the owner's agent shall notify the
law enforcement agency of the jurisdiction where the vehicle was located before
the moving or towing. The notification shall be by telephone within one hour of
the time the vehicle is moved or towed.
B. A person who fails to comply with this
section forfeits all claims for towing and storing the vehicle and is guilty of
a class 1 misdemeanor.
1997
28-4837. Towing and storage costs.
A. The public agency employing an officer who
has removed or causes the removal of a vehicle under this chapter is not liable
for the cost of towing or storing the vehicle if the officer acts under color
of the officer's lawful authority.
B. The owner of a vehicle that is removed or
caused to be removed under this chapter is liable for any reasonable costs
incurred in towing or storing the vehicle.
1995
28-4838. Report; abandoned and seized vehicles; violation;
classification.
A. A person who has knowledge and custody of a
vehicle that is either lost, stolen, abandoned or otherwise unclaimed, that has
been seized pursuant to law or removed from the right-of-way of any highway, road,
street or other public thoroughfare or other public property by order of an
officer of the department of public safety, sheriff's officer or city or town
police officer and that has been held for a period of ten days and a claim has
not been made for the return or possession of the vehicle by a person legally
entitled to the vehicle shall do all of the following within five days after
the expiration of the ten day retention period:
1.
Submit an abandoned vehicle report to the director that is on a form prescribed
by the director and that contains all of the following:
(a)
A complete description of the vehicle.
(b)
The vehicle license or registration number, if any.
(c)
The circumstances of the person's or officer's removal or custody.
(d)
Other information the director requires.
2.
Provide a completed application for transfer of ownership.
3.
Submit a vehicle identification form as prescribed by the director.
4.
If applicable, submit the authorization form signed by the private property owner
as prescribed in section 28-4834.
5.
Pay all fees prescribed by this title.
B. Except if the vehicle inspection as
prescribed in section 28-4834 is not completed within the time prescribed in subsection
A of this section due to no fault of the person, a person who fails to submit
the documents for the purpose of transferring ownership by the time specified
in subsection A of this section:
1.
Forfeits all claims for towing and storing the vehicle.
2.
Is guilty of a class 2 misdemeanor.
1997
28-4839. Report; vehicle abandoned in storage; violation;
classification; disposition.
A. A vehicle that is left in a public garage or
parking lot for storage or parking more than ten days, that has not been left
under a written contract of storage and that has not during that period been
removed by the person leaving it is an abandoned vehicle. The party in
possession of such a vehicle shall:
1.
Report the vehicle on forms prescribed by the director of the department of
transportation.
2.
Submit the report to the director of the department of transportation.
3.
Submit a copy of the report to the director of the department of public
safety.
B. Except if the vehicle inspection prescribed
in section 28-4834 is not completed within the prescribed time period due to no
fault of the person, a person who fails to make the report to the director of
the department of transportation and the director of the department of public
safety at the end of five days after the ten day period forfeits all claims for
storage of the vehicle and is guilty of a class 2 misdemeanor.
C. A vehicle that is abandoned by being left in
a public garage or parking lot as provided by this section shall be disposed of
pursuant to sections 28-4841 and 28-4842.
2000
28-4840. Report; vehicle abandoned in repair facility;
disposition.
A. A vehicle that is left in a repair facility
operated for commercial purposes for more than ten days after notice to pick up
the vehicle has been mailed to the owner by certified restricted mail to be
delivered to the addressee only, return receipt requested, at the address
listed on the vehicle registration is deemed an abandoned vehicle. Unless the
vehicle is left under a written or oral contract for repair, the party in
possession of such a vehicle shall:
1.
Report the vehicle to the director.
2.
File all other applicable documents.
3.
Pay all fees prescribed by this title.
B. Except if the vehicle inspection prescribed
in section 28-4834 is not completed within the prescribed time period due to no
fault of the person, an operator of a repair facility who fails to make the
report to the director by the end of the succeeding thirty days forfeits all
claims for towing, repair estimates or storage of the vehicle.
C. A vehicle that is abandoned by being left in
a repair facility as provided by this section shall be disposed of pursuant to
sections 28-4841 and 28-4842.
D. This section does not impair any lien of a
proprietor of a garage or repair or service station under the laws of this
state or the right of a lienholder to foreclose, and a proprietor of a garage
or repair or service station shall not use this section instead of section
33-1022. For the purposes of this subsection, "service station" means
a place operated primarily for the purpose of delivering motor vehicle fuel
into the fuel tanks of motor vehicles.
2000
28-4841. Abandoned vehicle; notice of intent to transfer vehicle.
A. On receipt of a report as required by this
chapter the director shall determine the name and address of the owner and
lienholder, if any, or any other person identified on the department's record
by either:
1.
Searching the department records.
2.
Asking the vehicle registration agency of another state if the vehicle is
registered in that state.
B. On receipt of information from reports
pursuant to section 28-4838 or 28-4839 and after determining the name and
address of the owner and lienholder, if any, or any other person identified on
the department's record who may have an interest in the vehicle, the director
shall notify all interested persons by mail within five days for a vehicle with
a record in this state or within thirty days for all other vehicles. The
director shall make the notice on a form prescribed by the director. The notice
shall include:
1.
A complete description of the vehicle.
2.
A notice of intent to transfer ownership of the vehicle to the person in
possession of the vehicle if within thirty days from the date placed on the
notification by the department the owner or lienholder or a person who has an
interest in the vehicle does not notify the department of the owner's,
lienholder's or person's interest in the vehicle or claim the vehicle.
3.
The vehicle identification number.
4.
The place and date the vehicle was found, seized or taken into possession.
5.
The storage location of the vehicle.
6.
A statement that the owner is liable to the department for the amounts provided
in section 28-4802 if the vehicle was abandoned and removed pursuant to section
28-4802 and that the cost will be collected if the owner subsequently registers
another vehicle in this state or subsequently applies for or renews a driver
license issued by this state.
C. If the records of the department or out of
state jurisdiction do not disclose the name and address of the owner and
lienholder, if any, or any other person identified on the department's record
who may have an interest in the vehicle, or if the notice is returned marked
unclaimed or addressee unknown, the department shall publish the notice of the
intent of the director to transfer ownership of abandoned vehicles pursuant to
this chapter once in a newspaper of general circulation in the county in which
the vehicle was found or seized. The published notice shall include a statement
of the intent of the director to transfer ownership of abandoned vehicles after
ten days of the published notice and that the department will make available to
the public a complete vehicle description of abandoned vehicles subject to
transfer of ownership.
D. A person who has filed a report of an
abandoned vehicle pursuant to section 28-4838, 28-4839 or 28-4840 shall notify
the director within twenty-four hours and in the manner prescribed by the
director if the vehicle is released or returned to or redeemed or repossessed
by the lawful owner or lienholder, if any, or any other person who is
identified on the department's record and who may have an interest in the vehicle.
2000
28-4842. Unclaimed vehicle; transfer of ownership; immunity.
A. If a vehicle remains unclaimed at the
expiration of the dates prescribed in section 28-4841, subsections B and C, the
director shall make an inquiry to determine if the vehicle is a stolen vehicle.
On receiving notice that the vehicle has not been reported stolen, the director
may transfer ownership of the vehicle free and clear of all liens or
encumbrances on compliance with this chapter to the person in possession of the
vehicle.
B. An application for transfer of ownership
shall be signed by the applicant or authorized agent of the applicant and shall
contain a certified statement that includes the following:
1.
As of the date of application, no person has presented proof of ownership or
proof of interest in the vehicle and entered into an agreement for the release
or return of the vehicle.
2.
The applicant is currently in possession of the vehicle.
C. This state and its agencies, employees and
agents are not liable for relying in good faith on the contents of the
abandoned vehicle report or affidavits as prescribed by this chapter.
D. A person in possession of a vehicle is not
liable for obtaining a transfer of ownership of an abandoned vehicle if the
person in possession of the vehicle complies with this chapter.
2000
28-4843. Reclaimed vehicle; payment of costs.
Except
as provided in section 28-4834, on proof by the person in possession of an
abandoned vehicle that notice of the abandonment and intention to transfer
ownership has been given in the manner provided by law, the person in
possession of the vehicle is entitled to be paid a reasonable amount for
storage of the vehicle and the fee for processing an abandoned vehicle report
as prescribed by section 28-4802 from the owner, lienholder or person who has
an interest in the vehicle if this person reclaims the vehicle before the
transfer of ownership.
2001
28-4844. Affidavit; stolen vehicle; suspension of registration.
A. When the owner of a motor vehicle, trailer or
semitrailer that is stolen or embezzled files an affidavit with the department
alleging the vehicle is stolen or embezzled, the department shall immediately
suspend registration of the vehicle and shall not transfer the registration or reregister
the vehicle until it is notified that the owner has recovered the vehicle.
B. The affidavit is effective only during the
current registration year in which given, but if during that year the vehicle
is not recovered, the owner may file a new affidavit with like effect for the
ensuing year.
C. An owner who has filed an affidavit of theft
or embezzlement shall immediately notify the department of the recovery of the
vehicle.
1995
28-4845. Stolen and recovered vehicles; record and report;
distribution.
A. The director of the department of public
safety shall maintain a record of stolen and recovered vehicles. On request by
any law enforcement agency of this state or of any political subdivision of this
state, the director of the department of public safety shall provide the
requesting agency with information in the record. On receipt by the director of
the department of public safety, the information shall be forwarded to the
appropriate agency of the federal government.
B. Each law enforcement agency of this state or
any political subdivision of this state authorized to accept stolen vehicle
reports shall provide all information in the report to the director of the
department of public safety immediately on receipt of the report.
1995
28-4846. Stolen vehicles; inspection; violation; classification.
A. For the purposes of enforcing this title or
locating stolen vehicles or parts of those vehicles, peace officers may:
1.
Inspect a vehicle to examine any vehicle identification number, serial number
or other unique distinguishing number, sign or symbol in any public garage,
vehicle storage, repair, leasing or rental lot or facility, vehicle equipment
rental yard, vehicle salvage pool or other similar establishment.
2.
Inspect the title or registration of those vehicles in order to establish their
rightful ownership or possession.
B. Peace officers may also inspect a bicycle, an
implement of husbandry, special construction equipment and a motor vehicle
designed for off-highway use that is on the premises described in Subsection A
or if such a vehicle is incidentally operated or transported on a highway.
C. Inspections shall be conducted at a time and
in a manner that minimizes any unreasonable interference with or delay of the
business operation.
D. If information comes to the attention of the
person conducting an inspection pursuant to this section that may necessitate
obtaining a search warrant and if steps are promptly initiated for the
procurement of a search warrant, the persons conducting the inspection may take
all necessary steps to secure the premises under inspection until the warrant
application is acted on by a judicial officer.
E. Off-duty officers and officers employed in a
law enforcement capacity to conduct inspections pursuant to this section,
including peace officers designated by the director pursuant to section 28-369,
may access any state or national criminal information system to determine if a
vehicle is stolen.
F. A person who refuses to permit inspection
under this section is guilty of a class 1 misdemeanor.
2001
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JUNK VEHICLES
Section
28-4881. Definition of
junk vehicle.
28-4882. Junk vehicle;
disposition.
28-4883. Vehicle crusher
required.
28-4884. Destroyed
vehicles; certificates of title.
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28-4881. Definition of junk vehicle.
For
the purposes of this article, "junk vehicle" means a vehicle that is in
such a state of deterioration that it cannot be profitably dismantled or
salvaged for parts and cannot be profitably restored.
1995
28-4882. Junk vehicle; disposition.
A. If a vehicle has been reported abandoned under
section 28-4838, the person making the report may request that the vehicle be
processed as a junk vehicle. An agent of the department shall inspect the
vehicle to determine if the vehicle is a junk vehicle.
B. On making a determination that the vehicle is
a junk vehicle, the director shall cause a search of department records to be
made, or if a junk vehicle is registered in another state, make inquiry of the
vehicle registration agency in that state, to ascertain the name and address of
the owner and lienholder, if any, or any other person identified on the
department's record.
C. On receipt of information disclosing the name
and address of the owner and lienholder, if any, or any other person identified
on the department's record who may have an interest in the vehicle, the
director shall give notice to all interested persons of the director's
intention to allow the disposition of the junk vehicle as prescribed by this
section. The director shall give the notice by mail within five days for a vehicle
with a record in this state or within thirty days for all other vehicles.
D. If the records of the department or out of
state jurisdiction do not disclose the name and address of the owner and
lienholder, if any, or any other person who is identified on the department's
record and who may have an interest in the vehicle, or if the notice is
returned marked unclaimed or addressee unknown, the department shall publish
the notice of the intention of the director to allow the disposition of the
junk vehicle as prescribed by this article once in a newspaper of general
circulation in the county in which the junk vehicle was found. The published
notice shall include a statement that the department will make available to the
public a complete vehicle description of junk vehicles.
E. If the vehicle is unclaimed at the expiration
of thirty days after the date placed on the notification mailed by the
department or within ten days of the publication as provided in subsections C
and D of this section, the director shall determine if the vehicle is a stolen
vehicle. On receiving notification that the vehicle has not been reported
stolen, the director shall issue written authorization to the owner of the
property authorizing the owner of the property or a licensed automotive
recycler to dispose of the junk vehicle pursuant to section 28-4883.
2000
28-4883. Vehicle crusher required.
A. The junk vehicle shall not be restored or
dismantled for parts for resale but shall be disposed of by a vehicle crusher.
The person authorized by the director to dispose of the junk vehicle shall
enter on the person's copy of the written authorization the name of the person
crushing the junk vehicle.
B. The person crushing the junk vehicle shall
mail a copy of the written authorization to the department within five days of
receipt of the written authorization certifying that the vehicle has been
crushed and including the certificate of title,
registration card and license plate or plates assigned to the vehicle.
If the certificate of title, registration card or license plate or plates are
not available, the person authorized to dispose of the junk vehicle shall
forward the available documents and plates with a description of the vehicle,
including the make, model, year, vehicle identification number, color and last
known owner of the vehicle.
C. A person disposing of a junk vehicle is
exempt from paying fees prescribed in this chapter.
1997
28-4884. Destroyed vehicles; certificates of title.
A. On receipt of the written authorization,
documents, license plates and information prescribed in section 28-4883, the
department shall void the certificate of title to the vehicle and shall
maintain a record of all vehicles destroyed pursuant to this article.
B. A certificate of title shall not be issued
for a vehicle destroyed pursuant to this article.
C. A certificate of title voided pursuant to
this section removes all liens or encumbrances, including any liens relating to
titling and registration.