May 24, 2007, Introduced by Rep. Farrah and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 11, 208c, 252a, 252d, 252e, 252f, 252g, and
252l (MCL 257.11, 257.208c, 257.252a, 257.252d, 257.252e, 257.252f,
257.252g, and 257.252l), section 11 as amended by 2003 PA 37,
section 208c as amended by 2004 PA 362, sections 252a, 252d, 252e,
and 252f as amended by 2004 PA 495, and section 252g as amended and
section 252l as added by 2004 PA 493.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) Except as otherwise provided in this section,
"dealer" means a person who is 1 or more of the following:
(a) A person who in a 12-month period did 1 or more of the
following:
(i) Engaged in the business of purchasing, selling, exchanging,
brokering, leasing, or dealing in vehicles of a type required to be
titled under this act.
(ii) Engaged in the business of purchasing, selling,
exchanging, brokering, or dealing in salvageable parts of 5 or more
vehicles.
(iii) Engaged in the business of buying 5 or more vehicles to
sell vehicle parts or process into scrap metal.
(b) A person engaged in the actual remanufacturing of engines
or transmissions.
(2) There is a rebuttable presumption that a person who in a
12-month period buys and sells, exchanges, brokers, leases, or
deals in 5 or more vehicles, or buys and sells, exchanges, brokers,
or deals in salvageable parts for 5 or more vehicles, or buys 5 or
more vehicles to sell vehicle parts or to process into scrap metal
is engaged in a business of being a dealer as described in
subsection (1).
(3) Dealer does not include any of the following:
(a) A financial institution, as defined in section 10 of 1909
PA 99, MCL 129.40, or an entity wholly owned by 1 or more financial
institutions.
(b) A bank holding company.
(c) A person who buys or sells remanufactured vehicle engine
and transmission salvageable vehicle parts or who receives in
exchange used engines or transmissions if the primary business of
the person is the selling of new vehicle parts and the person is
not engaged in any other activity that requires a dealer license
under this act.
(d) For purposes of dealer licensing, a person who negotiates
the lease of a vehicle of a type required to be titled under this
act for a lease term of less than 120 days.
(e) A person whose business is the financing of the purchase,
sale, or lease of vehicles of a type required to be titled under
this act and that is not otherwise engaged in activities of a
dealer as described in subsection (1).
(f) An employee or agent of a dealer acting in the scope of
his or her employment or agency.
(g) An insurer, as defined in section 106 of the insurance
code of 1956, 1956 PA 218, MCL 500.106.
(h) A person engaged in leasing vehicles solely for commercial
or other nonhousehold use.
(i) A lessor selling 1 or more off lease vehicles.
(j) A person engaged in the incidental sale of vehicles that
are considered abandoned as defined in section 252a(2) and are
valued at $2,500.00 or less.
Sec. 208c. (1) Except as provided in this section and in
section 232, personal information in a record maintained under this
act shall not be disclosed, unless the person requesting the
information furnishes proof of identity satisfactory to the
secretary of state and certifies that the personal information
requested will be used for a permissible purpose identified in this
section or in section 232. However, highly restricted personal
information shall be used and disclosed only as expressly permitted
in section 307 or as otherwise expressly provided by law.
(2) Personal information in a record maintained under this act
shall be disclosed by the secretary of state if required to carry
out the purposes of federal law or federal regulations.
(3) Personal information in a record maintained under this act
may be disclosed by the secretary of state as follows:
(a) For use by a federal, state, or local governmental agency,
including a court or law enforcement agency, in carrying out the
agency's functions, or by a private person or entity acting on
behalf of a governmental agency in carrying out the agency's
functions.
(b) For use in connection with matters of motor vehicle and
driver safety or auto theft; motor vehicle emissions; motor vehicle
product alterations, recalls, or advisories; performance monitoring
of motor vehicles; motor vehicle market research activities,
including survey research; and the removal of nonowner records from
the original records of motor vehicle manufacturers.
(c) For use in the normal course of business by a legitimate
business, including the agents, employees, and contractors of the
business, but only to verify the accuracy of personal information
submitted by an individual to the business or its agents,
employees, or contractors, and if the information as so submitted
is no longer correct, to obtain the correct information, for the
sole purpose of preventing fraud by pursuing legal remedies
against, or recovering on a debt against, the individual.
(d) For use in connection with a civil, criminal,
administrative, or arbitration proceeding in a federal, state, or
local court or governmental agency or before a self-regulatory
body, including use for service of process, investigation in
anticipation of litigation, and the execution or enforcement of
judgments and orders, or pursuant to an order of a federal, state,
or local court, an administrative agency, or a self-regulatory
body.
(e) For use in legitimate research activities and in preparing
statistical reports for commercial, scholarly, or academic purposes
by a bona fide research organization, if the personal information
is not published, redisclosed, or used to contact individuals.
(f) For use by an insurer or insurance support organization,
or by a self-insured entity, or its agents, employees, or
contractors, in connection with claims investigating activity,
antifraud activity, rating, or underwriting.
(g) For use in providing notice to the owner of an abandoned,
towed, or impounded vehicle or for use by the custodian of a
vehicle that is considered abandoned as defined in section 252a(2),
for the sole purpose of disposing of that vehicle.
(h) For use either by a private detective or private
investigator licensed under the private detective license act, 1965
PA 285, MCL 338.821 to 338.851, or by a private security guard
agency or alarm system contractor licensed under the private
security business and security alarm act, 1968 PA 330, MCL 338.1051
to 338.1083, only for a purpose permitted under this section.
(i) For use by an employer, or the employer's agent or
insurer, to obtain or verify information relating either to the
holder of a commercial driver license that is required under
federal law or to the holder of a chauffeur's license that is
required under chapter 3.
(j) For use by a car rental business, or its employees,
agents, contractors, or service firms, for the purpose of making
rental decisions.
(k) For use in connection with the operation of private toll
transportation facilities.
(l) For use by a news medium in the preparation and
dissemination of a report related in part or in whole to the
operation of a motor vehicle or public safety. "News medium"
includes a newspaper, a magazine or periodical published at regular
intervals, a news service, a broadcast network, a television
station, a radio station, a cablecaster, or an entity employed by
any of the foregoing.
(m) For any use by an individual requesting information
pertaining to himself or herself or requesting in writing that the
secretary of state provide information pertaining to himself or
herself to the individual's designee. A request for disclosure to a
designee, however, may be submitted only by the individual.
(4) Medical and disability information in a record maintained
under this act may be used and disclosed for purposes of subsection
(3)(a), (d), or (m).
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 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 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 provide
reasonable notice by telephone,
or otherwise, to 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 enter
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. 252d. (1) A police agency or a governmental agency
designated by the police agency may provide for the immediate
removal of a vehicle from public or private property to a place of
safekeeping at the expense of the registered owner of the vehicle
in any of the following circumstances:
(a) If the vehicle is in such a condition that the continued
operation of the vehicle upon the highway would constitute an
immediate hazard to the public.
(b) If the vehicle is parked or standing upon the highway in
such a manner as to create an immediate public hazard or an
obstruction of traffic.
(c) If a vehicle is parked in a posted tow away zone.
(d) If there is reasonable cause to believe that the vehicle
or any part of the vehicle is stolen.
(e) If the vehicle must be seized to preserve evidence of a
crime, or if there is reasonable cause to believe that the vehicle
was used in the commission of a crime.
(f) If removal is necessary in the interest of public safety
because of fire, flood, storm, snow, natural or man-made disaster,
or other emergency.
(g) If the vehicle is hampering the use of private property by
the owner or person in charge of that property or is parked in a
manner which impedes the movement of another vehicle.
(h) If the vehicle is stopped, standing, or parked in a space
designated as parking for persons with disabilities and is not
permitted by law to be stopped, standing, or parked in a space
designated as parking for persons with disabilities.
(i) If the vehicle is located in a clearly identified access
aisle or access lane immediately adjacent to a space designated as
parking for persons with disabilities.
(j) If the vehicle is interfering with the use of a ramp or a
curb-cut by persons with disabilities.
(k) If the vehicle has been involved in a traffic crash and
cannot be safely operated from the scene of the crash.
(2) If the owner or other person who is legally entitled to
possess the vehicle arrives at the location where a vehicle is
located before the actual towing or removal of the vehicle, the
vehicle shall be disconnected from the tow truck, and the owner or
other person who is legally entitled to possess the vehicle may
take possession of the vehicle and remove it without interference
upon the payment of the reasonable service fee, for which a receipt
shall be provided.
(3) A police agency that authorizes the removal of a vehicle
under subsection (1) shall do all of the following:
(a) Check to determine if the vehicle has been reported stolen
prior to authorizing the removal of the vehicle.
(b)
Follow Except for vehicles
impounded under subsection
(1)(d), (e), or (k), a police agency shall enter the vehicle into
the law enforcement information network as abandoned not less than
7 days after authorizing the removal and follow the procedures set
forth in section 252a.
(4) A vehicle impounded under subsection (1)(d), (e), or (k)
must first be released by the police agency that authorized the
removal prior to the towing agency or custodian releasing the
vehicle to the vehicle owner.
(5) Not less than 20 days but not more than 30 days after a
vehicle has been released under subsection (4), the towing agency
or custodian shall notify the police agency to enter the vehicle as
abandoned and the police agency shall follow the procedures set
forth in section 252a if the impounded vehicle has not been
redeemed.
Sec. 252e. (1) The following courts have jurisdiction to
determine if a police agency, towing agency or custodian, or
private property owner has acted properly in reporting or
processing a vehicle under section 252a, 252b(6) to (11), or 252d:
(a) The district court.
(b) A municipal court.
(2) The court specified in the notice prescribed in section
252a(5)(b) or 252b(7) or as provided in section 252d(3)(b) shall be
the court that has territorial jurisdiction at the location from
where
the vehicle was removed or deemed considered abandoned. Venue
in the district court shall be governed by section 8312 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.8312.
(3) If the owner fails to pay the accrued towing and storage
fees, the towing and storage bond posted with the court to secure
release of the vehicle under section 252a, 252b, or 252d shall be
used to pay the towing and storage fees.
Sec. 252f. (1) Upon the filing of a petition prescribed in
section 252a, 252b, or 252d, signed by the owner of the vehicle
which has been taken into custody, the court shall do both of the
following:
(a) Schedule a hearing within 30 days for the purpose of
determining whether the police agency, towing agency or custodian,
or private property owner acted properly.
(b)
Notify the owner, towing service, agency or custodian, of
the
vehicle, and police agency or if the vehicle was removed from
private property, notify the private property owner also of the
time and place of the hearing.
(2) At the hearing specified in subsection (1), the police
agency, towing agency or custodian, or, if the vehicle was removed
from private property, the private property owner shall have the
burden of showing by a preponderance of the evidence that it has
complied with the requirements of this act in reporting or
processing the abandoned vehicle or vehicle removed under section
252d.
(3) After the hearing, the court shall make a decision that
includes 1 or more of the following:
(a) A finding that the police agency complied with the
procedures established for the processing of an abandoned vehicle
or a vehicle removed under section 252a, 252b, or 252d, and an
order providing a period of 20 days after the decision for the
owner to redeem the vehicle. If the owner does not redeem the
vehicle within 20 days, the police agency shall dispose of the
vehicle under section 252b or 252g. The court shall forward $25.00
of the fee collected under section 252b or 252g to the secretary of
state within 30 days after the court's decision in a manner
prescribed by the secretary of state. The towing and storage fees
and $15.00 of the fee collected under section 252b or 252g shall be
forwarded to the towing agency.
(b) A finding that the police agency did not comply with the
procedures established for the processing of an abandoned vehicle
or a vehicle removed under section 252a, 252b, or 252d. After
making the finding, the court shall issue an order directing that
the vehicle immediately be released to the owner, and that the
police agency is responsible for the accrued towing and storage
charges. The court shall also order any fee or bond posted by the
owner to be returned to the owner.
(c) A finding that the towing fees and daily storage fees were
reasonable.
(d) A finding that the towing fees and daily storage fees were
unreasonable and issue an order directing the towing agency or
custodian of the vehicle to provide the last titled owner of the
vehicle with an appropriate reduction or refund.
(e) A finding that the owner of the real property complied
with the provisions of section 252k or 252l.
(f) A finding that the owner of the real property did not
comply with the provisions of section 252k or 252l, and issue an
order requiring the owner of the real property to reimburse the
last titled owner of the vehicle for the accrued towing and storage
charges.
(g) A finding that the towing agency did not comply with the
procedures established for the proper removal and reporting of an
abandoned vehicle removed under section 252a(10), 252b, or 252d.
After making the finding, the court shall issue an order directing
that the vehicle immediately be released to the owner and that the
towing agency is responsible for the accrued towing and storage
charges. The court shall also order any fee or bond posted by the
owner to be returned to the owner.
Sec. 252g. (1) Subject to section 252a(16), a public sale for
a vehicle and its contents that has been determined to be abandoned
under section 252a or removed under section 252d shall be conducted
in the following manner:
(a) It shall be under the control of the police agency or the
agency's designee or the custodian of the vehicle or the
custodian's designee.
(b) It shall be open to the public and consist of open auction
bidding or bidding by sealed bids. If sealed bids are received, the
person submitting the bid shall receive a receipt for the bid from
the police agency or the agency's designee or, if the vehicle is
being sold under section 252a(16), the custodian of the vehicle.
(c)
Except as otherwise provided in sections 252a(17) 252a(16)
and (17) and 252b(7), it shall be held not less than 5 days after
public notice of the sale has been published.
(d) The public notice shall be published at least once in a
newspaper having a general circulation within the county in which
the vehicle was abandoned. The public notice shall give a
description of the vehicle for sale and shall state the time, date,
and location of the sale.
(2) The money received from the public sale of the vehicle
shall be applied in the following order of priority:
(a) Towing and storage charges.
(b) Expenses incurred by the police agency or the custodian of
the vehicle.
(c) Payment of the $40.00 abandoned vehicle fee described in
section 252f(3)(a).
(d) Any extra money shall be sent to the department of
treasury's unclaimed property division to be disbursed as follows:
(i) To the secured party, if any, in the amount of the debt
outstanding on the vehicle.
(ii) Remainder to the owner. A reasonable attempt shall be made
to mail the remainder to the last titled owner. If delivery of the
remainder cannot be accomplished, the remainder shall become the
property of the unit of government governing the location from
which the vehicle was towed.
(3) If there are no bidders on the vehicle, the police agency
or the custodian of the vehicle may do 1 of the following:
(a) Turn the vehicle over to the towing firm or the custodian
of the vehicle to satisfy charges against the vehicle. However, if
the value of the vehicle does not satisfy the towing fees and
accrued daily storage fees, the custodian of the vehicle may
collect the balance of those unpaid fees from the last titled
owner, subject to section 252i.
(b) Obtain title to the vehicle for the police agency or the
unit of government the police agency represents, by doing the
following:
(i) Paying the towing and storage charges.
(ii) Applying for title to the vehicle.
(c) Hold another public sale under subsection (1).
(4) A person who acquires ownership of a vehicle under
subsection (1) or (3) that has been designated as a distressed
vehicle shall apply for a salvage certificate of title within 15
days after obtaining the vehicle.
(5) Upon disposition of the vehicle, the police agency or
towing agency or custodian shall provide the secretary of state and
the police agency, if that police agency did not conduct the sale,
with the vehicle's disposition and the name of the agency that
disposed of it and the police agency shall cancel the entry in the
law enforcement information network.
(6) Not less than 25 days after the date of notice required
under section 252a, if the police agency does not provide a copy of
the bill of sale by the police agency for the abandoned vehicle to
the towing agency or custodian or police agency's designee, the
towing agency or custodian or police agency designee may obtain an
original of the bill of sale by submitting an application to the
secretary of state in a form as determined by the secretary of
state.
Sec.
252l. Section 252k does not apply to either any of
the
following:
(a) Real property that is appurtenant to and obviously part of
a single- or dual-family residence.
(b) An instance when notice is personally given to the owner
or other legally entitled person in control of a vehicle that the
area where the vehicle is parked is reserved or otherwise
unavailable to unauthorized vehicles and that the vehicle is
subject to towing or removal from the private real property without
the consent of the owner or other legally entitled person in
control of the vehicle.
(c) A vehicle removed from private property under section
252d.