March 15, 2005, Introduced by Reps. Pastor, Amos and Garfield and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 252a (MCL 257.252a), as amended by 2004 PA 495,
and by adding section 252n.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 252a. (1) A person shall not abandon a vehicle in this
state. It is presumed that the last titled owner of the vehicle is
responsible for abandoning the vehicle unless the person provides a
record of sale as that term is defined in section 240. A person who
violates this subsection and who fails to redeem the vehicle before
disposition of the vehicle under section 252g is responsible for a
civil infraction and shall be ordered to pay a civil fine of
$50.00.
(2) As used in this section and sections 252a through 252l,
"abandoned vehicle" means either of the following:
(a) A vehicle that has remained on private property without
the consent of the owner.
(b) A
Subject to section 252n, a vehicle that has remained
on public property for a period of not less than 48 hours, or on a
state trunk line highway as described in section 1 of 1951 PA 51,
MCL 247.651, as follows:
(i) If a valid registration plate is affixed to the vehicle,
for a period of not less than 18 hours.
(ii) If a valid registration plate is not affixed to the
vehicle.
(3) If a vehicle has remained on public property for the
period of time described in subsection (2)(b) so that it qualifies
as abandoned, a police agency having jurisdiction over the vehicle
or the agency's designee shall determine whether the vehicle has
been reported stolen and may affix a written notice to the vehicle.
The written notice shall contain the following information:
(a) The date and time the notice was affixed.
(b) The name and address of the police agency taking the
action.
(c) The name and badge number of the police officer affixing
the notice.
(d) The date and time the vehicle may be taken into custody
and stored at the owner's expense or scrapped if the vehicle is not
removed.
(e) The year, make, and vehicle identification number of the
vehicle, if available.
(4) If the vehicle is an abandoned vehicle, the police agency
or the agency's designee may have the towing agency take the
vehicle into custody.
(5) A police agency that has received a vehicle taken into
custody as abandoned shall do all of the following:
(a) Recheck to determine if the vehicle has been reported
stolen.
(b) Within 24 hours after the vehicle is taken into custody,
enter the vehicle as abandoned into the law enforcement information
network, and notify the secretary of state through the law
enforcement information network that the vehicle has been taken
into custody as abandoned. Each notification shall contain the
following information:
(i) The year, make, and vehicle identification number of the
vehicle, if available.
(ii) The address or approximate location from which the vehicle
was taken into custody.
(iii) The date on which the vehicle was taken into custody.
(iv) The name and address of the police agency that had the
vehicle taken into custody.
(v) The name and business address of the custodian of the
vehicle.
(vi) The name of the court that has jurisdiction over the case.
(c) Within 7 days after receiving notice under subdivision (b)
that the vehicle has been taken into custody, the secretary of
state shall do both of the following:
(i) Send to the last titled owner and secured party, as shown
by the records of the secretary of state as described in section
221 or 237, by first-class mail or personal service, notice that
the vehicle is considered abandoned. The form for the notice shall
be furnished by the secretary of state. Each notice form shall
contain the following information:
(A) The year, make, and vehicle identification number of the
vehicle if available.
(B) The address or approximate location from which the vehicle
was taken into custody.
(C) The date on which the vehicle was taken into custody.
(D) The name and address of the police agency that had the
vehicle taken into custody.
(E) The name and business address of the custodian of the
vehicle.
(F) The procedure to redeem the vehicle.
(G) The procedure to contest the fact that the vehicle is
considered abandoned or the reasonableness of the towing fees and
daily storage fees.
(H) A form petition that the owner may file in person or by
mail with the specified court that requests a hearing on the police
agency's action.
(I) A warning that the failure to redeem the vehicle or to
request a hearing within 20 days after the date of the notice may
result in the sale of the vehicle and the termination of all rights
of the owner and the secured party to the vehicle or the proceeds
of the sale.
(ii) Enter the information described in subparagraph (i) on a
website maintained by the department for public use in locating
vehicles that are removed under this section as abandoned. The
department shall maintain the data on the website for 1 year or
until the vehicle is disposed of under this act, whichever occurs
first.
(6) The owner may contest the fact that the vehicle is
considered abandoned or the reasonableness of the towing fees and
daily storage fees by requesting a hearing. A request for a hearing
shall be made by filing a petition with the court specified in the
notice described in subsection (5)(c) within 20 days after the date
of the notice. If the owner requests a hearing, the matter shall be
resolved after a hearing conducted under sections 252e and 252f. An
owner who requests a hearing may obtain release of the vehicle by
posting a towing and storage bond in an amount equal to the $40.00
plus the accrued towing and storage fees with the court. The owner
of a vehicle who requests a hearing may obtain release of the
vehicle by paying a fee of $40.00 to the court and the accrued
towing and storage fees instead of posting the towing and storage
bond.
(7) If the owner does not request a hearing under subsection
(6), he or she may obtain the release of the vehicle by paying a
fee of $40.00 and the accrued towing and storage fees to the
custodian of the vehicle. The custodian of the vehicle shall
forward $25.00 of the fee to the secretary of state within 30 days
after receipt in a manner prescribed by the secretary of state, who
shall deposit the fee into the abandoned vehicle fund created in
section 252h.
(8) If the owner does not redeem the vehicle or request a
hearing within 20 days after the date of the notice described in
subsection (5)(c), the secured party may obtain the release of the
vehicle by paying a $40.00 fee plus the accrued charges to the
custodian of the vehicle. The custodian of the vehicle shall
forward $25.00 of the fee to the secretary of state, who shall
deposit the fee into the abandoned vehicle fund created in section
252h.
(9) If
Subject to section 252n, if a vehicle has remained on
private property without the consent of the property owner, the
owner of the private property may have the vehicle taken into
custody as an abandoned vehicle by contacting a local towing
agency.
(10) Before removing the vehicle from private property, the
towing agency shall notify a police agency having jurisdiction over
the vehicle that the vehicle is being removed. The police agency
shall determine if the vehicle has been reported stolen and have
the vehicle entered into the law enforcement information network as
an abandoned vehicle.
(11) Within 24 hours after taking the abandoned vehicle into
custody, the police agency shall notify the secretary of state
through the law enforcement information network that the vehicle
has been taken into custody as abandoned. Each notification shall
contain the following information:
(a) The year, make, and vehicle identification number of the
vehicle if available.
(b) The address or approximate location from which the vehicle
was taken into custody.
(c) The date on which the vehicle was taken into custody.
(d) The name and address of the police agency that had the
vehicle taken into custody.
(e) The name and business address of the custodian of the
vehicle.
(f) The name of the court that has jurisdiction over the case.
(12) Within 7 days after being notified under subsection (11),
the secretary of state shall do both of the following:
(a) Send to the owner and secured party, as shown by the
records of the secretary of state, by first-class mail or personal
service, notice that the vehicle is considered abandoned. The form
for the notice shall be furnished by the secretary of state. Each
notice form shall contain the following information:
(i) The year, make, and vehicle identification number of the
vehicle if available.
(ii) The location from which the vehicle was taken into
custody.
(iii) The date on which the vehicle was taken into custody.
(iv) The name of the towing agency that had the vehicle taken
into custody.
(v) The business address of the custodian of the vehicle.
(vi) The procedure to redeem the vehicle.
(vii) The procedure to contest the fact that the vehicle is
considered abandoned or the reasonableness of the towing fees and
daily storage fees.
(viii) A form petition that the owner may file in person or by
mail with the specified court that requests a hearing on the
custodian's action.
(ix) A warning that the failure to redeem the vehicle or to
request a hearing within 20 days after the date of the notice may
result in the sale of the vehicle and the termination of all rights
of the owner and the secured party to the vehicle or the proceeds
of the sale.
(b) Enter the information described in subdivision (a) on a
website maintained by the department for public use in locating
vehicles that are removed under this section as abandoned.
(13) The owner may contest the fact that the vehicle is
abandoned or, unless the towing fees and daily storage fees are
established by contract with the local governmental unit or local
law enforcement agency and comply with section 252i, the
reasonableness of the towing fees and daily storage fees by
requesting a hearing. A request for a hearing shall be made by
filing a petition with the court specified in the notice within 20
days after the date of the notice. If the owner requests a hearing,
the matter shall be resolved after a hearing conducted under
section 252f. An owner who requests a hearing may obtain release of
the vehicle by posting with the court a towing and storage bond in
an amount equal to $40.00 plus the accrued towing and storage fees.
The owner of a vehicle who requests a hearing may obtain release of
the vehicle by paying a fee of $40.00 to the court plus the towing
and storage fees instead of posting the towing and storage bond.
(14) If the owner does not request a hearing, he or she may
obtain the release of the vehicle by paying a fee of $40.00 plus
the accrued charges to the custodian of the vehicle. The custodian
shall forward $25.00 of the fee collected under this subsection to
the secretary of state within 30 days after receipt in a manner
prescribed by the secretary of state, who shall deposit the fee
into the abandoned vehicle fund created in section 252h.
(15) If the owner does not redeem the vehicle or request a
hearing within 20 days after the date of the notice, the secured
party may obtain the release of the vehicle by paying a fee of
$40.00 and the accrued towing and storage fees to the custodian of
the vehicle. The custodian shall forward $25.00 of the fee
collected under this subsection to the secretary of state within 30
days after receipt in a manner prescribed by the secretary of
state, who shall deposit the fee into the abandoned vehicle fund
created in section 252h.
(16) Not less than 20 days after the disposition of the
hearing described in subsection (6) or, if a hearing is not
requested, not less than 20 days after the date of the notice, the
police agency if the abandoned vehicle is found on public property,
or the custodian of the vehicle if the vehicle is found on private
property, shall offer the vehicle for sale at a public sale under
section 252g.
(17) If the ownership of a vehicle that is considered
abandoned under this section cannot be determined either because of
the condition of the vehicle identification numbers or because a
check with the records of the secretary of state as described in
section 221 or 237 does not reveal ownership, the police agency may
sell the vehicle at public sale as provided in section 252g not
less than 30 days after public notice of the sale has been
published.
(18) The secretary of state shall release a vehicle for
disposition under section 252b or 252g within 45 days after the
vehicle is entered into the law enforcement information network as
an abandoned vehicle.
Sec. 252n. (1) An owner of private property that is open to
the public for business purposes, or his or her agent, shall not
tow or cause a vehicle to be towed from that property during normal
business hours unless the owner or agent of that property has
placed a sign on the property that is visible and legible from the
location on which the vehicle to be towed is located stating that
vehicles on that property are subject to being towed. A sign
substantially stating either of the following meets the
requirements of this section:
(a) Private property; unauthorized vehicles will be towed.
(b) Parking for customers only.
(2) An owner of private property, or his or her agent, who
tows or causes a vehicle to be towed in violation of this section
is liable to the owner of the vehicle for the actual costs of
towing and storing the vehicle, including any fees or penalties
arising out of that towing or storage.