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ARIZONA ABANDONDED VEHICLE STATUTES

CHAPTER 11

Abandoned, Seized, and Junk Vehicles

1. General Provisions
2. Regulation
3. Junk Vehicles

ARTICLE 1. GENERAL PROVISIONS

Section
 
28-4801. Definitions.
28-4802. Fees.

28-4803. Public vehicle; fee exemption.
 
28-4804. Abandoned vehicle administration monies; deposit.

28-4805. Towing company; reimbursement.

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.

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.

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.

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.

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.


ARTICLE 2. REGULATION


Section
 
28-4831. Abandonment prohibited.
28-4832. Exemption.

28-4833. Local ordinances.
28-4834. Vehicle removal.

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.

28-4847. Insurance companies; release; fees; vehicle repair facilities; applicability; violation; classification; definition
28-4848. Access to Vehicle; ignition interlock device installer; lienholder; fee prohibited; violation; classification

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.

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.  

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.

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.

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.

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.

C. A person who fails to comply with subsection A of this section forfeits all claims for towing and storing the vehicle and is guilty of a class 1 misdemeanor.

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.  

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 electronic 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 electronic application for transfer of ownership on a form prescribed by the director.
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.

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.

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.

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.

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.

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.

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.

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.

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.

28-4847 . Insurance companies; release; fees; vehicle repair facilities; applicability; violation; classification; definition.

A. The towing company shall release a towed vehicle to a person designated in writing by an insurance company during normal business hours on the day the request for release is provided to the towing company, the detailed statement of charges is provided by the towing company at no cost and payment for all reasonable towing, storage and related fees is received by the towing company. The request for release shall be in writing and:

1. Shall indicate the name of the insurer as well as the name, address, telephone number and fax number of a representative of the insurer.
2. Shall include the name, address and telephone number of the owner, the owner's written consent for release of the vehicle and the name of the insured, if different from the owner.
3. Shall include the insurer's claim number and the name of the person to whom the insurer authorizes release of the vehicle.
4. Shall be signed by the owner except as provided in paragraph 6 of this subsection.
5. May be faxed, mailed or hand delivered to the towing company.
6. If the written consent of the owner is not obtained pursuant to paragraph 2 of this subsection, the request for release shall include a statement that the insurer has authorization from the vehicle owner to remove the vehicle from the towing company's storage premises.
7. Shall include a statement that the owner has been informed that pursuant to this section the towing company is presumptively not responsible for any loss of personal property or damage to the vehicle that is not disclosed to the towing company before the insurer or the insurer's authorized agent removes the vehicle from the towing company's storage premises. The notice shall also include a statement that the owner or person designated in writing by the owner and witnessed by a third party may inspect the vehicle at the towing company's storage premises, may remove any personal property from the vehicle and may report any damage to the vehicle to the towing company at the time of inspection. The towing company shall not require payment for the removal of personal property that is inside the vehicle if the removal is during business hours. For the purposes of this paragraph, personal property does not include any vehicle parts, vehicle equipment or vehicle accessories.

B. After an insurance company has completed a request for release of a vehicle and before payment is made for the release of that vehicle, the towing company shall provide to the insurance company at no cost a detailed written statement of all charges for towing, storage and related fees. Additional storage charges may accrue until final payment is made and the vehicle is removed from the premises by the vehicle owner or the insurance company or the person designated in writing by the insurance company.

C. If the vehicle owner does not inspect the vehicle pursuant to subsection A, paragraph 7 of this section before removal of the vehicle to another premises, or has inspected the vehicle and has had the opportunity to remove personal property in the vehicle, a rebuttable presumption shall be created that damage to the vehicle and any loss of personal property in the vehicle occurred while the vehicle was not in the custody of the towing company. The presumption may be overcome by a preponderance of evidence to the contrary.

D. Except for proration for partial days, a towing company shall not charge additional storage fees for a vehicle after a request for release and payment has been made pursuant to subsection A of this section if both of the following apply:

1. The insurance company or its representative provides the written request for release as prescribed in this section.
2. The insurance company or its representative removes the vehicle from the towing company's storage premises during normal business hours on the day the towing company receives the request for release.

E. A person in this state may choose any vehicle repair facility for the repair of a motor vehicle. At the same time a towing company or operator of a towing vehicle provides information about a vehicle repair facility, the company or operator shall inform the person of both of the following:

1. The person's right to choose any vehicle repair facility for the repair of a motor vehicle.
2. Any commonality of ownership between the vehicle repair facility and either the towing company or the operator of the towing vehicle.

F. A towing company shall not tow or transport a vehicle from its storage lot without the prior permission of the vehicle owner or the insurance company. The towing company may move a vehicle between its own storage lots without obtaining prior permission. The towing company shall not charge any additional fee or other monies to a vehicle owner or an insurance company as a result of any change in location of the vehicle between its own storage lots.

G. A vehicle repair facility or any employee of a vehicle repair facility shall not pay or agree to pay, and a towing company or any employee of a towing company shall not accept or agree to accept, any monies, fees, commissions, credits, gifts, gratuities, things of value or other compensation that is provided directly or indirectly for the purpose of inducing the towing company or any employee of a towing company to do any of the following:

1. Attempt to intimidate, unreasonably persuade or induce the person requesting the tow or transport of a vehicle to choose the services of the vehicle repair facility recommended by the towing company.
2. Refuse to tow or transport the vehicle unless the person requesting the tow or transport of a vehicle agrees to the vehicle repair facility recommended by the towing company.
3. Deliver a vehicle to a vehicle repair facility other than the vehicle repair facility chosen by the person requesting the tow or transport of the vehicle.
4. Make an intentional misrepresentation regarding the condition of the vehicle, the person's insurer or a specific vehicle repair facility.

H. Unless otherwise directed by a law enforcement officer, the towing company shall tow the vehicle to one of the following locations, in the following order of priority:

1. A location specified by the owner of the vehicle if the owner is present at the time of the tow and is capable of indicating the owner's preference.
2. A vehicle storage yard designated in the contract under which the towing company has responsibility for towing the vehicle.

I. Subsection E of this section does not create a private right or cause of action to or on behalf of any person.

J. This section does not create a cause of action or a right to bring an action against a towing company for releasing a motor vehicle to a person other than the owner if the written authorization as prescribed in this section is provided to the towing company by the owner or an insurance company.

K. This section only applies to tows resulting from motor vehicle accidents.

L. A person who violates this section is guilty of a petty offense. A person who subsequently violates this section within thirty-six months after a prior violation of this section is guilty of a class 3 misdemeanor.

M. For the purposes of this section:

1. "Gift" does not include an item of nominal value.
2. "Owner" has the same meaning prescribed in section 28-101.

28-4848 . Access to Vehicle; ignition interlock device installer; lienholder; fee prohibited; violation; classification.

A. A towing company, storage yard, facility or person that has physical possession of a vehicle that was removed pursuant to section 9-499.05, 11-251.04 or 28-872, that was impounded pursuant to chapter 8, article 9 of this title or that was abandoned shall provide access during normal business hours to a person who presents evidence that the person either:

1. Is certified by the department as an ignition interlock device manufacturer or installer and requires access to the vehicle for the purpose of removing the device from the vehicle.
2. Is listed as a lienholder on the department's records for the vehicle and requires access to the vehicle for the purpose of assessing the condition of the vehicle.

B. After complying with subsection C of this section, an ignition interlock device manufacturer or installer or a lienholder who is denied access to a vehicle by a towing company, storage yard, facility or person that has physical possession of the vehicle may report the denial to the impounding agency or a law enforcement agency that has jurisdiction in the city or county in which the vehicle is being stored and may submit a written request for assistance as prescribed by the impounding agency or law enforcement agency to obtain access to the vehicle for the purposes prescribed in this section. The impounding agency or the law enforcement agency shall provide assistance to the lienholder in obtaining access to the vehicle within five business days after the date the written request is received by the impounding agency or law enforcement agency.

C. A towing company, storage yard, facility or person that has physical possession of a vehicle as prescribed in subsection A of this section shall provide access during normal business hours to an ignition interlock device manufacturer or installer or lienholder who submits a request for access to a vehicle. The request for access shall be in writing, shall contain the name, address and telephone number of the person making the request for access to the vehicle and either:

1. For a lienholder, shall include a copy of a signed contract, loan agreement or credit agreement indicating the vehicle owner's name, the vehicle identification number, the vehicle make and model or other identifying indicia or a certified record issued by the department listing the person as a lienholder.
2. For an ignition interlock device manufacturer or installer, shall include a copy of a signed contract identifying the make and model or serial number of the ignition interlock device, the make and model of the vehicle or the vehicle identification number of the vehicle in which the device is installed.

D. If the vehicle owner does not inspect the vehicle before removal of the ignition interlock device by the manufacturer or installer, or has inspected the vehicle and has had the opportunity to remove personal property in the vehicle, a rebuttable presumption is created that damage to the vehicle and any loss of personal property in the vehicle occurred while the vehicle was not in the custody of the towing company, storage yard, facility or person that has physical possession of the vehicle. The presumption may be overcome by a preponderance of evidence to the contrary.

E. This section does not create a cause of action or a right to bring an action against a towing company, storage yard, facility or person that has physical possession of the vehicle for allowing access to a vehicle to a person other than the owner if the written request as prescribed in this section is provided to the towing company, storage yard, facility or person that has physical possession of the vehicle.

F. A towing company, storage yard, facility or person that has physical possession of a vehicle shall not charge a fee or require or request any compensation for providing access to a vehicle pursuant to this section.

G. A person who violates this section is guilty of a class 2 misdemeanor.


ARTICLE 3. 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.

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.

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.

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.

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.