Title 40, Chapter 11, Section 9
( 40-11-9)
(a) If a motor vehicle has been left unattended on private property
for not less than two days or on public property for not less than
three days without the owner or driver making any attempt to recover
such vehicle or to leave a conspicuously placed note that such owner
or driver intends to return for such vehicle; or, if a conspicuous
note was left, if the motor vehicle has been left unattended for not
less than five days and if because of damage, vandalism, theft, or
fire the vehicle is damaged to the extent that its restoration to an
operable condition would require the replacement of one or more
major component parts or involves any structural damage that would
affect the safety of the vehicle; or if there is evidence that the
vehicle was inoperable due to major mechanical breakdown at the time
it was left on the property, such as the engine, transmission, or
wheels missing, no coolant in the cooling system, no oil in the
engine, or burned fluid in the transmission; or if the vehicle is
seven or more years old; or if the vehicle is not currently tagged
or is not verifiable by the state as to who is the current owner or
lienholder of the vehicle; or if the vehicle has been abandoned to a
wrecker service by an insurance company and the owner following the
insurance company's making a total loss payment, then any person
removing such vehicle shall within 72 hours of removing such vehicle
obtain the identity of and address of the last known registered
owner of the vehicle, the owner of the vehicle as recorded on the
certificate of title of such vehicle, and any security interest
holder or lienholder on such vehicle from the local law enforcement
agency of the jurisdiction in which the vehicle was located. If the
law enforcement agency shows no information on the vehicle, then a
request for such information shall be sent to the Department of
Motor Vehicle Safety. Within 72 hours after obtaining such
information, the person removing such vehicle shall, by certified
mail or statutory overnight delivery, return receipt requested,
notify the registered owner, title owner, and security interest
holder or lienholder of the vehicle that such vehicle will be
declared a derelict vehicle and the title to such vehicle will be
canceled by the Department of Motor Vehicle Safety if such person or
persons fail to respond within ten days of receipt of such notice.
The commissioner of motor vehicle safety shall prescribe the form
and content of such notice. If the registered owner, title owner,
or security interest holder or lienholder fails to respond within 30
days from the date of such notice by certified mail or statutory
overnight delivery, and if the vehicle is appraised as having a
total value of less than $300.00, the vehicle shall be considered to
be a derelict vehicle. The value of the vehicle shall be determined
as 50 percent of the wholesale value of a similar car in the rough
section of the National_Auto_Research_Black_Book,_Georgia_Edition,
or if a similar vehicle is not listed in such book or, regardless of
the model year or book value of the vehicle, if the vehicle is
completely destroyed by fire, flood, or vandalism or is otherwise
damaged to the extent that restoration of the vehicle to a safe
operable condition would require replacement of more than 50 percent
of its major component parts, the person shall obtain an appraisal
of the motor vehicle from the local law enforcement agency's auto
theft section with jurisdiction in the county or municipality where
such vehicle is located. Any person removing a vehicle shall
complete a form, to be provided by the Department of Motor Vehicle
Safety, indicating that the vehicle meets at least four of the
above-stated eight conditions for being a derelict vehicle and
shall file such form with the Department of Motor Vehicle Safety and
the law enforcement agency with jurisdiction from which such vehicle
was removed. (b) Upon determination that a vehicle is a derelict motor vehicle as
provided in subsection (a) of this Code section, it may be disposed
of by sale to a person who scraps, dismantles, or demolishes motor
vehicles, provided that such vehicle may be sold for scrap or parts
only and shall in no event be rebuilt or sold to the general public.
Any person disposing of a derelict motor vehicle shall, prior to
disposing of such vehicle, photograph such vehicle and retain with
such photograph the appraisal required in subsection (a) of this
Code section and the notice to the Department of Motor Vehicle
Safety required in this subsection for a period of three years after
its disposition. Such person shall also notify the Department of
Motor Vehicle Safety of the disposition of such vehicle in such
manner as may be prescribed by the commissioner of motor vehicle
safety. The Department of Motor Vehicle Safety shall cancel the
certificate of title for such vehicle and shall not issue a rebuilt
or salvage title for such vehicle. (c) For purposes of this Code section, the term "derelict vehicle"
shall not include a vehicle which does not bear a manufacturer's
vehicle identification number plate or a vehicle identification
number plate assigned by a state jurisdiction. (d) Any person who abandons a derelict motor vehicle on public or
private property shall be guilty of a misdemeanor and upon
conviction shall be fined not more than $500.00 and shall pay all
costs of having such derelict motor vehicle removed, stored, and
sold as provided for in this Code section. Notwithstanding any other
provision of law to the contrary, such fines shall be disposed as
follows: (1) If the abandoned motor vehicle was removed other than at the
request of a peace officer, the moneys arising from the fine shall
be divided equally and paid into the general fund of the county in
which the offense was committed and into the general fund of the
municipality, if any, in which the offense was committed; (2) If the abandoned motor vehicle was removed at the request of a
police officer of a municipality, the moneys arising from the fine
shall be paid into the general fund of the municipality; (3) If the abandoned motor vehicle was removed at the request of a
county sheriff, deputy sheriff, or county police officer, the
moneys arising from the fine shall be paid into the general fund
of the county in which the offense was committed; and (4) If the abandoned motor vehicle was removed at the request of a
member of the Georgia State Patrol or other employee of the State
of Georgia, the moneys arising from the fine shall be paid into
the general fund of the county in which the offense was committed. (e) Any person removing a derelict motor vehicle who fails to comply
with the requirements of this Code section or who knowingly provides
false or misleading information when providing any notice or
information required by this Code section shall be guilty of a
misdemeanor. (f) Neither the State of Georgia nor any state agency nor the person
removing, storing, and processing the vehicle unless recklessly or
grossly negligent shall be liable to the owner of a vehicle declared
to be a derelict motor vehicle pursuant to this Code section or an
abandoned motor vehicle. |