Georgia’s
Abandoned Motor Vehicle Laws
In 2002, the Georgia General Assembly drastically revised state laws governing abandoned motor vehicles. The following is a summary of the new provisions.
O.C.G.A. § 40-11-1 provides the following definitions, as used in Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles.
As
used in this article, the term:
(1) "Abandoned
motor vehicle" means a motor
vehicle or trailer:
(A) Which has been left by the owner or some person acting for the owner
with an automobile dealer, repairman, or wrecker service 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 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 or employee of the Department of Motor
Vehicle Safety to whom enforcement authority has been designated
pursuant to Code Section 40-16-4 may authorize the immediate removal of vehicles
posing a threat to public health or safety or to mitigate congestion;
(C) Which has been lawfully towed onto the property of another 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 at the
request of a property owner on whose property the vehicle
was abandoned 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.
(2) "Motor
vehicle" or "vehicle" means motor
vehicle or trailer.
(3) "Owner" or "owners" means the registered owner, the owner as recorded on the title, lessor, lessee, security interest holders, and all lien holders as shown on the records of the Department of Motor Vehicle Safety.
O.C.G.A.
§ § 40-11-2 provides that the person removing or storing motor vehicle shall
be responsible for the following:
(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, or
from a local law enforcement agency for the jurisdiction in which the
remover's or storer's place of business is located, 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.
Click
here to download required Notice of Abandoned Vehicle and Request for
Information Form
(b) Any person who removes a motor vehicle from 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, 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 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 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 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 any motor vehicle 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 storing such motor vehicle shall, within seven calendar
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, 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 be deemed abandoned under this chapter unless the
owner, security interest holder, or lien holder redeems such motor vehicle
within 30 days of the day such vehicle was removed.
Click
here to download Notice to Owner of Right to Redeem form.
(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 by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, on the form prescribed by the commissioner, to the Department of Motor Vehicle Safety with a research fee of $2.00 payable to the Department of Motor Vehicle Safety, 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 storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form together with an additional research fee of $2.00 payable to the Department of Motor Vehicle Safety. Each subsequent corrected notice, if required, shall be submitted with an additional research fee of $2.00 payable to the Department of Motor Vehicle Safety. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person 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 Motor Vehicle Safety, but in like manner, if such office processes motor vehicle records of the Department of Motor Vehicle Safety.
Click
here to download Notice to Department of Revenue and GBI form.
(f) Upon ascertaining the owners of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail or statutory overnight delivery, 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.
Click
here to download Notice to Owner of Abandoned Vehicle Form
(g) If the identity of the owners of such motor vehicle cannot be ascertained, the person removing or 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.
Click here to download Newspaper Notice form.
(h) The Department of Motor Vehicle Safety 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 Motor
Vehicle Safety.
(i) Any person storing a vehicle under the provisions of this Code
section shall notify the Department of Motor Vehicle Safety 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 days of such event.
(j) If vehicle information on the abandoned motor vehicle is not in the
files of the Department of Motor Vehicle Safety, 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.
(l) Any person 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.
O.C.G.A.
§ 40-11-3 provides that peace officers may remove vehicles from public
property in the following circumstances and, when vehicles are removed by
peace officers, that the notification shall be given as indicated:
(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 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.
(b) Any law enforcement officer or employee of the Department of Motor
Vehicle Safety to whom law enforcement authority has been designated pursuant
to Code Section 40-16-4 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 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 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 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 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 Motor
Vehicle Safety 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 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 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.
O.C.G.A.
§ 40-11-3.1 authorizes unattended vehicle checks as enumerated:
(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.
(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.
O.C.G.A.
§ § 40-11-3.2 restricts towing vehicles within a paid parking facility
located within 500 feet of an establishment serving alcohol as follows:
(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.
O.C.G.A.
§ § 40-11-4 provides the following regarding creation and foreclosure of a
lien upon an abandoned motor vehicle:
(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 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.
O.C.G.A.
§ 40-11-5 sets for the following procedures for foreclosing a lien upon an
abandoned motor vehicle:
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
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, 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 Motor Vehicle Safety 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 Motor
Vehicle Safety. 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 removing or
storing the abandoned motor vehicle may foreclose such lien. The person
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 Motor Vehicle Safety, 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 foreclosing shall
verify the statement by oath or affirmation and shall affix his or her
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;
(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
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 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 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 Code Section 40-11-4, 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.
O.C.G.A.
§ § 40-11-6 authorizes sale of a vehicle following foreclosure, as follows:
(a) Upon order of the court, the person 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 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 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.
O.C.G.A.
§ 40-11-7 provides that the purchaser of an abandoned motor vehicle at the
foreclosure sale may obtain a certificate of title upon complying with the
following procedures:
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 Motor Vehicle Safety. The Department
of Motor Vehicle Safety shall then issue a certificate of title, which shall
be free and clear of all liens and encumbrances
O.C.G.A.
§ 40-11-8 requires that proceeds from the disposition sale shall be as
follows:
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 such remaining balance as follows:
(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.
O.C.G.A.
§ § 40-11-9 provides the following procedures for determining the state of
and disposing of derelict motor vehicles:
(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 removing such vehicle
shall within 72 hours 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 Motor Vehicle Safety.
Within 72 hours after obtaining such information, the person removing such
vehicle shall, by certified mail or statutory overnight delivery, return
receipt requested, notify the registered owner, title owner, and security
interest holder or lienholder of the vehicle that such vehicle will be
declared a derelict vehicle and the title to such vehicle will be canceled by
the Department of Motor Vehicle Safety if such person or persons fail to
respond within ten days of receipt of such notice. The commissioner of motor
vehicle safety 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 days from the date of such notice by certified mail or
statutory overnight delivery, 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 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 removing a vehicle shall complete a form, to be provided by the
Department of Motor Vehicle Safety, 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 Motor Vehicle Safety 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 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 Motor Vehicle
Safety required in this subsection for a period of three years after its
disposition. Such person shall also notify the Department of Motor Vehicle
Safety of the disposition of such vehicle in such manner as may be prescribed
by the commissioner of motor vehicle safety. The Department of Motor Vehicle
Safety 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 person 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 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 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
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.