Title 40, Chapter 11, Section 2
( 40-11-2)
(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 the last
known registered owner of such vehicle, the owner of the vehicle as
recorded on the title of such vehicle, and any security interest
holder or lienholder from the law enforcement officer requesting
removal of such or from such officer's agency within 72 hours of
removal. The local law enforcement agency shall furnish such
information to the person removing such vehicle within 72 hours
after receipt of such request. (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
72 hours of the removal of such vehicle and shall seek from the
local law enforcement agency the identity and address of the last
known registered owner of such vehicle, the owner of the vehicle as
recorded on the title, and any security interest holder or
lienholder 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
72 hours 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, notify the owner and any
security interest holder or lienholder, if known, 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 lienholder redeems such motor vehicle within 30
days of the day such vehicle was removed. (e) If the owner, security interest holder, or lienholder fails to
redeem 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, lessors, lessees, security interest
holders, and lienholders of such vehicle. If the form submitted to
the Department of Motor Vehicle Safety 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 to the Department of Motor
Vehicle Safety 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. (f) Upon ascertaining the owner 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 the owner, lessors, lessees, security interest holders, and
lienholders 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. (g) If the identity of the owner 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. (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. |