How is an abandoned car removed from someone's private property in Utah?
Full Question:
How is an abandoned car removed from someone’s private property? What is the law on this in the states of Utah?
04/19/2017 |
Category: Abandoned Pr... » Vehicles |
State: Utah |
#35911
Answer:
Here is the relevant law for more details:
Utah Code Ann. § 41-6a-1408:
Abandoned vehicles -- Removal by peace officer -- Report -- Vehicle identification.
(1) As used in this section, "abandoned vehicle, vessel, or outboard motor" means a vehicle, vessel, or outboard motor that is left unattended:
(a) on a highway or on or in the waters of the state for a period in excess of 48 hours; or
(b) on public or private property for a period in excess of seven days without express or implied consent of the owner or person in lawful possession or control of the property.
(2) A person may not abandon a vehicle, vessel, or outboard motor on a highway or on or in the waters of the state.
(3) A person may not abandon a vehicle, vessel, or outboard motor on public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.
(4) A peace officer who has reasonable grounds to believe that a vehicle, vessel, or outboard motor has been abandoned may remove the vehicle, vessel, or outboard motor or cause it to be removed in accordance with Section 41-6a-1406 or 73-18-20.1.
(5) If the motor number, manufacturer's number or identification mark of the abandoned vehicle, vessel, or outboard motor has been defaced, altered or obliterated, the vehicle, vessel, or outboard motor may not be released or sold until:
(a) the original motor number, manufacturer's number or identification mark has been replaced; or
(b) a new number assigned by the Motor Vehicle Division has been stamped on the vehicle, vessel, or outboard motor.
(6) A violation of this section is an infraction.
Utah Code Ann. § 41-6a-1409:
Vehicle immobilization devices -- Definitions -- Notice requirements -- Maximum removal fee.
(1) As used in this section:
(a) "Immobilize" means to affix and lock a vehicle immobilization device to the exterior of a motor vehicle.
(b) "Vehicle immobilization device" means a device that may be affixed and locked to the exterior of a motor vehicle for the purpose of prohibiting the movement or removal of the vehicle from its location.
(c) "Vehicle immobilizer" means a person who or entity that uses or causes to be used a vehicle immobilization device for the purpose of enforcing parking restrictions with prior authorization from the owner or person in lawful possession or control of the real property.
(2) (a) A vehicle immobilizer may not immobilize a vehicle without the motor vehicle owner's knowledge at either of the following locations without signage that meets the requirements of Subsection (2)(b):
(i) a mobile home park as defined in Section 57-16-3; or
(ii) a multifamily dwelling of more than eight units.
(b) Signage under Subsection (2)(a) shall display:
(i) where parking is subject to being immobilized; and
(ii) one of the following:
(A) the name and phone number of the vehicle immobilizer that immobilizes a vehicle for the locations listed under Subsection (2)(a)(i); or
(B) the name of the mobile home park or multifamily dwelling and the phone number of the mobile home park or multifamily dwelling manager or management office that authorized the vehicle immobilizer to immobilize the motor vehicle.
(c) Signage is not required under Subsection (2)(b) for parking in a location:
(i) that is prohibited by law; or
(ii) if it is reasonably apparent that the location is not open to parking.
(d) Nothing in Subsection (2)(b) restricts the ability of a mobile home park as defined in Section 57-16-3 or a multifamily dwelling from instituting and enforcing regulations on parking.
(3) (a) Upon immobilizing a vehicle, the vehicle immobilizer shall affix a notice to the immobilized vehicle in a conspicuous place so as to be plainly visible to a person seeking to operate the vehicle.
(b) The notice under Subsection (3)(a) shall include:
(i) the name and phone number of the vehicle immobilizer;
(ii) a phone number that the owner of the vehicle may call to arrange for release of the vehicle; and
(iii) applicable fees.
(4) (a) The maximum fee that a vehicle immobilizer may charge to remove a vehicle immobilization device may not exceed:
(i) $ 75 for the first 24-hour period a vehicle is immobilized; plus
(ii) $ 25 for each additional 24-hour period a vehicle is immobilized.
(b) Notwithstanding Subsection (4)(a), the maximum fee that a vehicle immobilizer may charge to remove a vehicle immobilization device may not exceed $ 150 for each instance.
(c) A vehicle immobilizer may not charge a fee for the removal of a vehicle immobilization device or any service rendered, performed, or supplied in connection with the removal of the immobilization device in addition to the fees specified under this Subsection (4).
(d) A vehicle immobilizer may not charge a fee under this Subsection (4) for the immobilization of a vehicle for any period in which the vehicle has been towed and custody of the vehicle has been transferred to a vehicle impound yard.
(e) A vehicle immobilizer shall accept payment by cash and debit or credit card for the removal of a vehicle immobilization device or any service rendered, performed, or supplied in connection with the removal of the immobilization device.
(5) A county or municipal legislative or governing body may not enact or enforce any ordinance, regulation, rule, or fee pertaining to a vehicle immobilization device that conflicts with this part.
Utah Code Ann. § 41-6a-1403:
Motor vehicle left unattended -- Requirements.
(1) A person operating or in charge of a motor vehicle may not permit the vehicle to stand unattended without:
(a) stopping the engine;
(b) locking the ignition and removing the key;
(c) placing the transmission in "park" or the gears in "low" or "reverse" if the vehicle has a manual shift; or
(d) effectively setting the brakes thereon.
(2) A person shall turn the front wheels to the curb or side of the highway when standing a vehicle on any perceptible grade.
Utah Code Ann. § 41-6a-1406:
Removal and impoundment of vehicles -- Reporting and notification requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
(1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under Section 41-1a-1101, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an order of a peace officer or by an order of a person acting on behalf of a law enforcement agency or highway authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the expense of the owner.
(2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or impounded to:
(a) a state impound yard; or
(b) if none, a garage, docking area, or other place of safety.
(3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be removed by a tow truck motor carrier that meets standards established:
(a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
(b) by the department under Subsection (10).
(4) (a) Immediately after the removal of the vehicle, vessel, or outboard motor, a report of the removal shall be sent to the Motor Vehicle Division by:
(i) the peace officer or agency by whom the peace officer is employed; and
(ii) the tow truck operator or the tow truck motor carrier by whom the tow truck operator is employed.
(b) The report shall be in a form specified by the Motor Vehicle Division and shall include:
(i) the operator's name, if known;
(ii) a description of the vehicle, vessel, or outboard motor;
(iii) the vehicle identification number or vessel or outboard motor identification number;
(iv) the license number, temporary permit number, or other identification number issued by a state agency;
(v) the date, time, and place of impoundment;
(vi) the reason for removal or impoundment;
(vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or outboard motor; and
(viii) the place where the vehicle, vessel, or outboard motor is stored.
(c) Until the tow truck operator or tow truck motor carrier reports the removal as required under this Subsection (4), a tow truck motor carrier or impound yard may not:
(i) collect any fee associated with the removal; and
(ii) begin charging storage fees.
(5) (a) Except as provided in Subsection (5)(e) and upon receipt of the report, the Motor Vehicle Division shall give notice, in the manner described in Section 41-1a-114, to the following parties with an interest in the vehicle, vessel, or outboard motor, as applicable:
(i) the registered owner;
(ii) any lien holder; or
(iii) a dealer, as defined in Section 41-1a-102, if the vehicle, vessel, or outboard motor is currently operating under a temporary permit issued by the dealer, as described in Section 41-3-302.
(b) The notice shall:
(i) state the date, time, and place of removal, the name, if applicable, of the person operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal, and the place where the vehicle, vessel, or outboard motor is stored;
(ii) state that the registered owner is responsible for payment of towing, impound, and storage fees charged against the vehicle, vessel, or outboard motor;
(iii) state the conditions that must be satisfied before the vehicle, vessel, or outboard motor is released; and
(iv) inform the parties described in Subsection (5)(a) of the division's intent to sell the vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal or impoundment under this section, one of the parties fails to make a claim for release of the vehicle, vessel, or outboard motor.
(c) Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort to notify the parties described in Subsection (5)(a) of the removal and the place where the vehicle, vessel, or outboard motor is stored.
(d) The Motor Vehicle Division shall forward a copy of the notice to the place where the vehicle, vessel, or outboard motor is stored.
(e) The Motor Vehicle Division is not required to give notice under this Subsection (5) if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck service in accordance with Subsection 72-9-603(1)(a)(i).
(6) (a) The vehicle, vessel, or outboard motor shall be released after a party described in Subsection (5)(a):
(i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of the State Tax Commission;
(ii) presents identification sufficient to prove ownership of the impounded vehicle, vessel, or outboard motor;
(iii) completes the registration, if needed, and pays the appropriate fees;
(iv) if the impoundment was made under Section 41-6a-527, pays an administrative impound fee of $ 400; and
(v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard motor is stored.
(b) (i) Twenty-nine dollars of the administrative impound fee assessed under Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
(ii) $ 147 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall be deposited in the Department of Public Safety Restricted Account created in Section 53-3-106;
(iii) $ 20 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall be deposited in the Traumatic Spinal Cord and Brain Injury Rehabilitation Fund; and
(iv) the remainder of the administrative impound fee assessed under Subsection (6)(a)(iv) shall be deposited in the General Fund.
(c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be waived or refunded by the State Tax Commission if the registered owner, lien holder, or owner's agent presents written evidence to the State Tax Commission that:
(i) the Driver License Division determined that the arrested person's driver license should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter or other report from the Driver License Division presented within 30 days of the final notification from the Driver License Division; or
(ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the stolen vehicle report presented within 30 days of the impoundment.
(d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept payment by cash and debit or credit card for a removal or impoundment under Subsection (1) or any service rendered, performed, or supplied in connection with a removal or impoundment under Subsection (1).
(e) The owner of an impounded vehicle may not be charged a fee for the storage of the impounded vehicle, vessel, or outboard motor if:
(i) the vehicle, vessel, or outboard motor is being held as evidence; and
(ii) the vehicle, vessel, or outboard motor is not being released to a party described in Subsection 5(a), even if the party satisfies the requirements to release the vehicle, vessel, or outboard motor under this Subsection (6).
(7) (a) An impounded vehicle, vessel, or outboard motor not claimed by a party described in Subsection (5)(a) within the time prescribed by Section 41-1a-1103 shall be sold in accordance with that section and the proceeds, if any, shall be disposed of as provided under Section 41-1a-1104.
(b) The date of impoundment is considered the date of seizure for computing the time period provided under Section 41-1a-1103.
(8) A party described in Subsection (5)(a) that pays all fees and charges incurred in the impoundment of the owner's vehicle, vessel, or outboard motor has a cause of action for all the fees and charges, together with damages, court costs, and attorney fees, against the operator of the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
(9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel, or outboard motor.
(10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules setting the performance standards for towing companies to be used by the department.
(11) (a) The Motor Vehicle Division may specify that a report required under Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and retrieval of the information.
(b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the administrator of the database may adopt a schedule of fees assessed for utilizing the database.
(ii) The fees under this Subsection (11)(b) shall:
(A) be reasonable and fair; and
(B) reflect the cost of administering the database.
Utah Code Ann. § 73-18-20.1:
Seizure of a vessel.
(1) A peace officer, without a warrant, may seize and take possession of a vessel:
(a) that is placed or being operated on the waters of this state with improper registration;
(b) that the peace officer has reason to believe has been stolen;
(c) on which any hull identification number or serial number for an engine or outboard motor has been defaced, altered, or obliterated;
(d) that has been abandoned on public land, highways, or waters of this state; or
(e) if the registration or title fees for the vessel or outboard motor have not been paid.
(2) If necessary for the transportation of a seized vessel, the vessel's trailer may be seized to transport and store the vessel.
(3) Any peace officer seizing or taking possession of a vessel under this section shall comply with the provisions of Section 41-6a-1406.