February 13, 2003, Introduced by Reps. Koetje and Stahl and referred to the Committee on Government Operations.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 252a, 252b, 252d, and 252g (MCL 257.252a,
257.252b, 257.252d, and 257.252g), section 252a as amended by
2002 PA 649, section 252b as amended and section 252g as added by
1981 PA 104, and section 252d as amended by 2000 PA 76.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 252a. (1) As used in this section, "public property
2 abandoned vehicle" means a vehicle that has remained on public
3 property or private
property for a period of 48 hours, after a
4 police agency or other governmental agency designated by the
5 police agency has affixed a written notice to the vehicle or on a
6 state trunk line highway as described in section 1 of 1951 PA 51,
7 MCL 247.651, as follows:
8 (a) If a valid registration plate is affixed to the vehicle,
1 for a period of 18 hours.
2 (b) If a valid registration plate is not affixed to the
3 vehicle.
4 (2) "Private property abandoned vehicle" means a vehicle that
5 has remained on private property for a period of 48 hours after a
6 written notice has been affixed to the vehicle.
7 (3) (2) If a
vehicle has remained on public or private
8 property for a period of time so that it appears to the police
9 agency to be abandoned, the police agency shall do all of the
10 following:
11 (a) Determine if the vehicle has been reported stolen.
12 (b) Affix a written notice to the vehicle. The written
13 notice shall contain the following information:
14 (i) The date and time the notice was affixed.
15 (ii) The name and address of the police agency taking the
16 action.
17 (iii) The name and badge number of the police officer
18 affixing the notice.
19 (iv) The date and time the vehicle may be taken into custody
20 and stored at the owner's expense or scrapped if the vehicle is
21 not removed.
22 (v) The year, make, and vehicle identification number of the
23 vehicle, if available.
24 (4) (3) If
the vehicle is an abandoned vehicle, the police
25 agency may have the vehicle taken into custody.
26 (5) (4) A
police agency that has a vehicle taken into
27 custody shall do all of the following:
1 (a) Recheck to determine if the vehicle has been reported
2 stolen.
3 (b) Within 24 hours after taking the vehicle into custody,
4 enter the vehicle as abandoned into the law enforcement
5 information network.
6 (c) Within 7 days after taking the vehicle into custody, send
7 to the registered owner and secured party, as shown by the
8 records of the secretary of state, by first-class mail or
9 personal service, notice that the vehicle is considered
10 abandoned. The form for the notice shall be furnished by the
11 secretary of state. Each notice form shall contain the following
12 information:
13 (i) The year, make, and vehicle identification number of the
14 vehicle if available.
15 (ii) The location from which the vehicle was taken into
16 custody.
17 (iii) The date on which the vehicle was taken into custody.
18 (iv) The name and address of the police agency that had the
19 vehicle taken into custody.
20 (v) The business address of the custodian of the vehicle.
21 (vi) The procedure to redeem the vehicle.
22 (vii) The procedure to contest the fact that the vehicle is
23 considered abandoned or the reasonableness of the towing fees and
24 daily storage fees.
25 (viii) A form petition that the owner may file in person or
26 by mail with the specified court that requests a hearing on the
27 police agency's action.
1 (ix) A warning that the failure to redeem the vehicle or to
2 request a hearing within 20 days after the date of the notice may
3 result in the sale of the vehicle and the termination of all
4 rights of the owner and the secured party to the vehicle or the
5 proceeds of the sale.
6 (6) (5) The
registered owner may contest the fact that the
7 vehicle is considered abandoned or the reasonableness of the
8 towing fees and daily storage fees by requesting a hearing. A
9 request for a hearing shall be made by filing a petition with the
10 court specified in the notice within 20 days after the date of
11 the notice. If the owner requests a hearing, the matter shall be
12 resolved after a hearing conducted under sections 252e and 252f.
13 An owner who requests a hearing may obtain release of the vehicle
14 by posting a towing and storage bond in an amount equal to the
15 accrued towing and storage fees with the court. The owner of a
16 vehicle who requests a hearing may obtain release of the vehicle
17 by paying the towing and storage fees instead of posting the
18 towing and storage bond.
If the court finds that the vehicle
19 was not properly
considered abandoned, the police agency shall
20 reimburse the owner of
the vehicle for the accrued towing and
21 storage fees.
22 (7) (6) If
the owner does not request a hearing, he or she
23 may obtain the release of the vehicle by paying the accrued
24 charges to the custodian of the vehicle.
25 (8) (7) If
the owner does not redeem the vehicle or request
26 a hearing within 20 days after the date of the notice, the
27 secured party may obtain the release of the vehicle by paying the
1 accrued charges to the custodian of the vehicle and the police
2 agency for its accrued costs.
3 (9) If a vehicle has remained on private property for a
4 period of time so that it appears to the owner of the private
5 property to be abandoned, the owner of the private property shall
6 affix or cause to be affixed a written notice to the vehicle.
7 The written notice shall contain the following information:
8 (a) The date and time the written notice was affixed.
9 (b) The name, address, and telephone number of the property
10 owner taking the action.
11 (c) The date and time the vehicle may be taken into custody
12 and stored at the owner's expense or scrapped if the vehicle is
13 not removed.
14 (d) The year, make, and vehicle identification number of the
15 vehicle, if available.
16 (10) If the vehicle is not removed within 48 hours after the
17 date the notice was affixed, the vehicle is considered abandoned
18 and the owner of the private property may have the vehicle taken
19 into custody.
20 (11) Before removing the vehicle from private property, the
21 towing service shall notify a police agency to determine if the
22 vehicle has been reported stolen and have the vehicle entered
23 into the law enforcement information network as an abandoned
24 vehicle.
25 (12) Within 24 hours after taking the abandoned vehicle into
26 custody, the custodian shall notify a court officer from within
27 the jurisdiction from where the vehicle was towed of the location
1 of the abandoned vehicle.
2 (13) Within 7 days after being notified, the court officer
3 shall send to the registered owner and secured party, as shown by
4 the records of the secretary of state, by first-class mail or
5 personal service, notice that the vehicle is considered
6 abandoned. The form for the notice shall be furnished by the
7 secretary of state. Each notice form shall contain the following
8 information:
9 (a) The year, make, and vehicle identification number of the
10 vehicle if available.
11 (b) The location from which the vehicle was taken into
12 custody.
13 (c) The date on which the vehicle was taken into custody.
14 (d) The name and address of the private property owner or
15 towing service that had the vehicle taken into custody.
16 (e) The business address of the custodian of the vehicle.
17 (f) The procedure to redeem the vehicle.
18 (g) The procedure to contest the fact that the vehicle is
19 considered abandoned or the reasonableness of the towing fees and
20 daily storage fees.
21 (h) A form petition that the owner may file in person or by
22 mail with the specified court that requests a hearing on the
23 custodian's action.
24 (i) A warning that the failure to redeem the vehicle or to
25 request a hearing within 20 days after the date of the notice may
26 result in the sale of the vehicle and the termination of all
27 rights of the owner and the secured party to the vehicle or the
1 proceeds of the sale.
2 (14) The registered owner may contest the fact that the
3 vehicle is considered abandoned or the reasonableness of the
4 towing fees and daily storage fees by requesting a hearing. A
5 request for a hearing shall be made by filing a petition with the
6 court specified in the notice within 20 days after the date of
7 the notice. If the owner requests a hearing, the matter shall be
8 resolved after a hearing conducted under sections 252e and 252f.
9 An owner who requests a hearing may obtain release of the vehicle
10 by posting a towing and storage bond in an amount equal to the
11 accrued towing and storage fees with the court. The owner of a
12 vehicle who requests a hearing may obtain release of the vehicle
13 by paying the towing and storage fees instead of posting the
14 towing and storage bond.
15 (15) If the owner does not request a hearing, he or she may
16 obtain the release of the vehicle by paying the accrued charges
17 to the custodian of the vehicle.
18 (16) If the owner does not redeem the vehicle or request a
19 hearing within 20 days after the date of the notice, the secured
20 party may obtain the release of the vehicle by paying the accrued
21 charges to the custodian of the vehicle for its accrued costs.
22 (17) (8) Not Subject
to subsection (18), not less than 20
23 days after the disposition of the hearing described in subsection
24 (5) or, if a hearing is not requested, not less than 20 days
25 after the date of the notice, the police agency if the abandoned
26 vehicle is found on public property or, except as provided in
27 subsection (18), a court officer if the property is found on
1 private property shall offer the vehicle for sale at a public
2 sale pursuant to section 252g.
3 (18) Notwithstanding the provisions of subsection (17)
4 pertaining to the sale of abandoned vehicles, a local unit of
5 government that maintains a vehicle storage or impound lot for
6 abandoned vehicles may adopt an ordinance that requires that the
7 public sale of abandoned vehicles found on private property be
8 conducted by a court officer of a court within the jurisdiction
9 of the local unit of government in the same manner as prescribed
10 under section 252g. In the absence of an ordinance authorized
11 under this subsection, the police agency of a local unit of
12 government shall offer the vehicle for sale.
13 (19) (9) If
the ownership of a vehicle that is considered
14 abandoned under this section cannot be determined either because
15 of the condition of the vehicle identification numbers or because
16 a check with the records of the secretary of state does not
17 reveal ownership, the police agency may sell the vehicle at
18 public sale pursuant to section 252g, not less than 30 days after
19 public notice of the sale has been published.
20 Sec. 252b. (1) As used in this section:
21 (a) "Registered abandoned scrap vehicle" means a vehicle
22 which that meets all of the following requirements:
23 (i) Is on public or private property.
24 (ii) Is 7 or more years old.
25 (iii) Is apparently inoperable or is extensively damaged, to
26 the extent that the cost of repairing the vehicle so that it is
27 operational and safe as required by section 683 would exceed the
1 fair market value of that vehicle.
2 (iv) Is currently registered in the state of Michigan or
3 displays current year registration plates from another state.
4 (v) Is not removed within 48 hours after a written notice as
5 described in section 252a(2)(b) is affixed to the vehicle.
6 (b) "Unregistered abandoned scrap vehicle" means a vehicle
7 which that meets all of the following requirements:
8 (i) Is on public or private property.
9 (ii) Is 7 or more years old.
10 (iii) Is apparently inoperable or is extensively damaged, to
11 the extent that the cost of repairing the vehicle so that it is
12 operational and safe as
required by section 683 , would exceed
13 the fair market value of that vehicle.
14 (iv) Is not currently registered in this state and does not
15 display current year registration plates from another state.
16 (v) Is not removed within 48 hours after a written notice as
17 described in section 252a(2)(b) is affixed to the vehicle.
18 (2) A police agency may have an unregistered abandoned scrap
19 vehicle taken into custody, in which case the police agency shall
20 do all of the following:
21 (a) Determine if the vehicle has been reported stolen.
22 (b) Take 2 photographs of the vehicle.
23 (c) Make a report to substantiate the vehicle as an
24 unregistered abandoned scrap vehicle. The report shall contain
25 the following information:
26 (i) The year, make, and vehicle identification number if
27 available.
1 (ii) The date of abandonment.
2 (iii) The location of abandonment.
3 (iv) A detailed listing of the damage or the missing
4 equipment.
5 (v) The reporting officer's name and title.
6 (vi) The location where the vehicle is being held.
7 (d) Within 24 hours after taking the vehicle into custody,
8 enter the vehicle into the law enforcement information network.
9 (3) Within 24 hours, excluding Saturday, Sunday, and legal
10 holidays, after taking the vehicle into custody, the police
11 agency or court officer, as appropriate, shall complete a release
12 form and release the vehicle to the towing service or a used
13 vehicle parts dealer or vehicle scrap metal processor, who shall
14 then transmit that release form to the secretary of state and
15 apply for a certificate of the title or a certificate of
16 scrapping. Upon receipt of the release form and application, the
17 secretary of state shall issue a certificate of title or a
18 certificate of scrapping.
19 (4) The release form described in subsection (3) shall be
20 furnished by the secretary of state and shall include a
21 certification executed by the applicable police agency or court
22 officer, as appropriate, when the abandoned scrap vehicle is
23 released. The certification shall state that the police agency
24 has complied with all the requirements of subsection (2)(b) and
25 (c).
26 (5) The secretary of state shall retain the records relating
27 to an abandoned scrap vehicle for not less than 2 years. The 2
1 photographs taken pursuant to subsection (2)(b) shall be retained
2 by the police agency or court officer for not less than 2 years.
3 After the certificate of scrapping has been issued, a certificate
4 of title for the vehicle shall not be issued again.
5 (6) A police agency or private property owner may have a
6 registered abandoned scrap vehicle taken into custody, in which
7 case the police agency or the towing service shall do all of the
8 following:
9 (a) Determine if the vehicle has been reported stolen.
10 (b) Take 2 photographs of the vehicle.
11 (c) Make a report to substantiate the vehicle as a registered
12 abandoned scrap vehicle. The report shall contain the following
13 information:
14 (i) The year, make, and vehicle identification number if
15 available.
16 (ii) The date of abandonment.
17 (iii) The location of abandonment.
18 (iv) A detailed listing of the damage or the missing
19 equipment.
20 (v) The reporting officer's individual's
name and title.
21 (vi) The location where the vehicle is being held.
22 (d) Within 24 hours after taking the vehicle into custody,
23 enter cause the vehicle to be entered into
the law enforcement
24 information network.
25 (e) Within 7 days after taking the vehicle into custody, send
26 to the registered owner and secured party, as shown by the
27 records of the secretary of state, by first-class mail or
1 personal service, notice
that the vehicle has been deemed is
2 considered abandoned. The form for the notice shall be furnished
3 by the secretary of state. Each notice form shall contain the
4 following information:
5 (i) The year, make, and vehicle identification number of the
6 vehicle if available.
7 (ii) The location from which the vehicle was taken into
8 custody.
9 (iii) The date on which the vehicle was taken into custody.
10 (iv) The name and address of the police agency which or
the
11 private property owner that had the vehicle taken into custody.
12 (v) The business address of the custodian of the vehicle.
13 (vi) The procedure to redeem the vehicle.
14 (vii) The procedure to contest the fact that the vehicle has
15 been deemed is considered abandoned or the reasonableness
of the
16 towing fees and daily storage fees.
17 (viii) A form petition which the owner may file in person or
18 by mail with the specified court which requests a hearing on the
19 police agency's
action custody of the vehicle.
20 (ix) A warning that the failure to redeem the vehicle or to
21 request a hearing within 20 days after the date of the notice may
22 result in the termination of all rights of the owner and the
23 secured party to the vehicle.
24 (7) The registered owner of a registered abandoned scrap
25 vehicle may contest the
fact that the vehicle has been deemed
26 is considered abandoned or the reasonableness of the towing fees
27 and daily storage fees by requesting a hearing. A request for a
1 hearing shall be made by filing a petition with the court
2 specified in the notice within 20 days after the date of the
3 notice. If the owner requests a hearing, the matter shall be
4 resolved after a hearing conducted pursuant to sections 252e and
5 252f. An owner who requests a hearing may obtain release of the
6 vehicle by posting a towing and storage bond with the court in an
7 amount as determined by the court. The owner of a vehicle who
8 requests a hearing may obtain release of the vehicle by paying
9 the towing and storage fees instead of posting the towing and
10 storage bond. If the
court finds that the vehicle was not
11 properly deemed
abandoned, the police agency shall reimburse the
12 owner of the vehicle
for the accrued towing and storage fees.
13 (8) If the owner does not request a hearing, he or she may
14 obtain the release of the vehicle by paying the accrued charges
15 to the custodian of the vehicle.
16 (9) If the owner does not redeem the vehicle or request a
17 hearing within 20 days after the date of the notice, the secured
18 party may obtain the release of the vehicle by paying the accrued
19 charges to the custodian of the vehicle.
20 (10) Not less than 20 days after the disposition of the
21 hearing described in subsection (7), or if a hearing is not
22 requested, not less than 20 days after the date of the notice
23 described in subsection (6)(e), the police agency or court
24 officer shall follow the procedures established in subsections
25 (3) to (5).
26 Sec. 252d. (1) A police agency or a governmental agency
27 designated by the police agency may provide for the immediate
1 removal of a vehicle from public or private property to a place
2 of safekeeping at the expense of the registered owner of the
3 vehicle in any of the following circumstances:
4 (a) If the vehicle is in such a condition that the continued
5 operation of the vehicle upon the highway would constitute an
6 immediate hazard to the public.
7 (b) If the vehicle is parked or standing upon the highway in
8 such a manner as to create an immediate public hazard or an
9 obstruction of traffic.
10 (c) If a vehicle is parked in a posted tow away zone.
11 (d) If there is reasonable cause to believe that the vehicle
12 or any part of the vehicle is stolen.
13 (e) If the vehicle must be seized to preserve evidence of a
14 crime, or when there is reasonable cause to believe that the
15 vehicle was used in the commission of a crime.
16 (f) If removal is necessary in the interest of public safety
17 because of fire, flood, storm, snow, natural or man-made
18 disaster, or other emergency.
19 (g) If the vehicle is hampering the use of private property
20 by the owner or person in charge of that property or is parked in
21 a manner which impedes the movement of another vehicle.
22 (h) If the vehicle is stopped, standing, or parked in a space
23 designated as parking for persons with disabilities and is not
24 permitted by law to be stopped, standing, or parked in a space
25 designated as parking for persons with disabilities.
26 (i) If the vehicle is located in a clearly identified access
27 aisle or access lane immediately adjacent to a space designated
1 as parking for persons with disabilities.
2 (j) If the vehicle is interfering with the use of a ramp or a
3 curb-cut by persons with disabilities.
4 (2) A police agency which authorizes the removal of a vehicle
5 under subsection (1) shall do all of the following:
6 (a) Check to determine if the vehicle has been reported
7 stolen.
8 (b) Within 24 hours after removing the vehicle, enter the
9 vehicle into the law enforcement information network if the
10 vehicle has not been redeemed. This subdivision does not apply
11 to a vehicle that is removed from the scene of a motor vehicle
12 traffic accident.
13 (c) If the vehicle has not been redeemed within 10 days after
14 moving the vehicle, send to the registered owner and the secured
15 party as shown by the records of the secretary of state, by
16 first-class mail or personal service, a notice that the vehicle
17 has been removed; however, if the police agency or court officer
18 informs the owner or operator of the vehicle of the removal and
19 the location of the vehicle within 24 hours after the removal,
20 and if the vehicle has not been redeemed within 30 days and upon
21 complaint from the towing service, the police agency or court
22 officer shall send the notice within 30 days after the removal.
23 The notice shall be by a form furnished by the secretary of
24 state. The notice form shall contain the following information:
25 (i) The year, make, and vehicle identification number of the
26 vehicle.
27 (ii) The location from which the vehicle was taken into
1 custody.
2 (iii) The date on which the vehicle was taken into custody.
3 (iv) The name and address of the police agency which that
4 had the vehicle taken into custody.
5 (v) The location where the vehicle is being held.
6 (vi) The procedure to redeem the vehicle.
7 (vii) The procedure to contest the fact that the vehicle was
8 properly removed or the reasonableness of the towing and daily
9 storage fees.
10 (viii) A form petition which the owner may file in person or
11 by mail with the specified court that requests a hearing on the
12 police agency's action.
13 (ix) A warning that the failure to redeem the vehicle or to
14 request a hearing within 20 days after the date of the notice may
15 result in the sale of the vehicle and the termination of all
16 rights of the owner and the secured party to the vehicle or the
17 proceeds of the sale or to both the vehicle and the proceeds.
18 (3) The registered owner may contest the fact that the
19 vehicle was properly removed or the reasonableness of the towing
20 fees and daily storage fees by requesting a hearing. A request
21 for a hearing shall be made by filing a petition with the court
22 specified in the notice within 20 days after the date of the
23 notice. If the owner requests a hearing, the matter shall be
24 resolved after a hearing conducted pursuant to sections 252e and
25 252f. An owner who requests a hearing may obtain release of the
26 vehicle by posting a towing and storage bond with the court in an
27 amount equal to the accrued towing and storage fees. The owner
1 of a vehicle who requests a hearing may obtain release of the
2 vehicle by paying the towing and storage fees instead of posting
3 the towing and storage
bond. If the court finds that the
4 vehicle was not
properly removed, the police agency shall
5 reimburse the owner of
the vehicle for the accrued towing and
6 storage fees.
7 (4) If the owner does not request a hearing, he or she may
8 obtain the release of the vehicle by paying the accrued charges
9 to the custodian of the vehicle.
10 (5) If the owner does not redeem the vehicle or request a
11 hearing within 20 days, the secured party may obtain the release
12 of the vehicle by paying the accrued charges to the custodian of
13 the vehicle prior to the date of the sale.
14 (6) Not less than 20 days after the disposition of the
15 hearing described in subsection (3), or if a hearing is not
16 requested, not less than 20 days after the date of the notice
17 described in subsection (2)(c), the police agency or the court
18 officer shall offer the vehicle for sale at a public sale unless
19 the vehicle is redeemed. The public sale shall be held pursuant
20 to section 252g.
21 (7) If the ownership of a vehicle that was removed under this
22 section cannot be determined either because of the condition of
23 the vehicle identification numbers or because a check with the
24 records of the secretary of state does not reveal ownership, the
25 police agency or the court officer may sell the vehicle at public
26 sale pursuant to section 252g, not less than 30 days after public
27 notice of the sale has been published.
1 Sec. 252g. (1) A
Subject to section 252a(16) or (17), a
2 public sale for a vehicle
which has been deemed considered
3 abandoned under section 252a or 252c or removed under section
4 252d shall be conducted in the following manner:
5 (a) It shall be under the control of the police agency or
6 agent of the police agency or a court officer.
7 (b) It shall be open to the public and consist of open
8 auction bidding or bidding by sealed bids. If sealed bids are
9 received, the person submitting the bid shall receive a receipt
10 for the bid from the
police agency, or agent of the police
11 agency, or the court officer if being sold under section 252a(16)
12 or (17).
13 (c) Except as
provided by sections 252a(9) 252a(16) or (17)
14 and 252d(7), it shall be held not less than 5 days after public
15 notice of the sale has been published.
16 (d) The public notice shall be published at least once in a
17 newspaper having a general circulation within the county in which
18 the vehicle was abandoned. The public notice shall give a
19 description of the vehicle for sale and shall state the time,
20 date, and location of the sale.
21 (2) The money received from the public sale of the vehicle
22 shall be applied in the following order of priority:
23 (a) Towing and storage charges.
24 (b) Expenses incurred by the police agency or the court
25 officer.
26 (c) To the secured party, if any, in the amount of the debt
27 outstanding on the vehicle.
1 (d) Remainder to the owner. A reasonable attempt shall be
2 made to mail the remainder to the registered owner. If delivery
3 of the remainder cannot be accomplished, the remainder shall
4 become the property of the unit of government that the police
5 agency represents.
6 (3) If there are no bidders on the vehicle, the police agency
7 or the court officer may do 1 of the following:
8 (a) Turn the vehicle over to the towing firm or the custodian
9 of the vehicle to satisfy charges against the vehicle.
10 (b) Obtain title to the vehicle for the police agency or the
11 unit of government the police agency represents, by doing the
12 following:
13 (i) Paying the towing and storage charges.
14 (ii) Applying for title to the vehicle.
15 (c) Hold another public sale pursuant to subsection (1).
16 (4) A person who acquires ownership of a vehicle under
17 subsection (1) or (3), which vehicle has been designated as a
18 distressed vehicle, shall make application for a salvage
19 certificate of title within 15 days after obtaining the vehicle.
20 (5) Upon disposition of the vehicle, the police agency shall
21 cancel the entry into the law enforcement information network.