§ 14-150 — Abandoned or unregistered motor vehicles and motor vehicles which are a menace to traffic. Notice. Removal. Storage. Hearing. Lien. Affidavit of compliance. Sale. Regulations re title to abandoned motor vehicles and re disposal of motor homes or recreational vehicles abandoned at campgrounds.

Connecticut § 14-150

• Jurisdiction: Connecticut
• Title 14: Motor Vehicles. Use of the Highway By Vehicles. Gasoline
• Ch. 246: Motor Vehicles

Text

(a) Any person who abandons any motor vehicle within the limits of any highway or upon property other than such person's own without the consent of the owner thereof for a period longer than twenty-four hours shall have committed an infraction and shall be fined not less than eighty-five dollars. The last owner of record of a motor vehicle found abandoned, as shown by the files of the Department of Motor Vehicles, shall be deemed prima facie to have been the owner of such motor vehicle at the time it was abandoned and the person who abandoned the same or caused or procured its abandonment. (b) Any inspector of the Department of Motor Vehicles, any officer attached to an organized police department, any enforcement officer of a parking authority authorized under an ordinance adopted pursuant to section 7-204a to enforce parking regulations in the municipality in which it is located or any state police officer upon discovery of any motor vehicle, whether situated within or without any highway of this state, which is a menace to traffic or public health or safety, shall take such motor vehicle into such inspector's or officer's custody and cause the same to be taken to and stored in a suitable place. (c) Any inspector of the Department of Motor Vehicles, any officer attached to an organized police department, any enforcement officer of a parking authority authorized under an ordinance adopted pursuant to section 7-204a to enforce parking regulations in the municipality in which it is located or any state police officer, upon discovery of any motor vehicle apparently abandoned or a motor vehicle without proper registration, whether situated within or without any highway of this state, shall affix to such motor vehicle a notification sticker in a manner so as to be readily visible. This notification sticker shall contain the following information: (1) The date and time the notification sticker was affixed to the motor vehicle; (2) a statement that pursuant to this section, if the motor vehicle is not removed within twenty-four hours of the time the sticker was affixed, it shall be taken into custody and stored at the owner's expense; (3) the location and telephone number where additional information may be obtained; and (4) the identity of the affixing officer. If the motor vehicle is not removed within such twenty-four-hour period, the affixing department or parking authority shall take such motor vehicle into its custody and cause the same to be stored in a suitable place, except that such department or parking authority shall make a reasonable attempt to notify the owner of any such motor vehicle which is determined to be stolen prior to taking such vehicle into its custody and shall allow such owner to make arrangements for removal of such vehicle. (d) If the motor vehicle has no registration marker plates or invalid registration marker plates, and if such inspector or officer makes a determination in good faith that (1) the motor vehicle is apparently abandoned, (2) the market value of such motor vehicle in its current condition is five hundred dollars or less, and (3) the motor vehicle is so vandalized, damaged, or in disrepair as to be unusable as a motor vehicle, title to such motor vehicle shall, upon taking custody of such motor vehicle, immediately vest in the municipality in which the motor vehicle was discovered. Within forty-eight hours of the time that such motor vehicle is taken into custody, the affixing department or parking authority shall notify the Commissioner of Motor Vehicles, in writing, of the vehicle identification number and a description of the motor vehicle and thereafter shall immediately sell or transfer such motor vehicle to a recycler licensed in accordance with section 14-67 l . Upon sale or other disposition of the motor vehicle, the affixing department or parking authority shall give written notice by certified mail, return receipt requested, to the person who was the owner of such motor vehicle at the time of abandonment, if known, which notice shall state that the motor vehicle has been sold or otherwise disposed of. The proceeds of the sale or disposition, or the fair market value of the motor vehicle in its current condition, whichever is greater, less the towing and sale or disposal expenses and the amount of any fines due, shall be paid to such person or such person's representatives, if claimed by such person or such person's representatives within one year from the date of sale. If such balance is not claimed within such period, it shall escheat to the municipality. If the expenses incurred by the municipality for towing and the sale or disposition of such motor vehicle and any such fines exceed the proceeds of such sale or disposition, such person shall be liable to such municipality for such excess amount. (e) Within forty-eight hours of the time that a motor vehicle is taken into custody and stored pursuant to subsection (b) or (c) of this section, the affixing department or parking authority shall give written notice by certified mail, return receipt requested, to the owner and any lienholders of such motor vehicle, if such motor vehicle appears on the records of the Department of Motor Vehicles. The notice shall state: (1) That the motor vehicle has been taken into custody and stored, (2) the location of storage of the motor vehicle, (3) that, unless title has already vested in the municipality pursuant to subsection (d) of this section, such motor vehicle may be sold after (A) fifteen days if the market value of such motor vehicle does not exceed one thousand five hundred dollars, or (B) forty-five days if the value of such motor vehicle exceeds one thousand five hundred dollars, and (4) that the owner has a right to contest the validity of such taking by application, on a form prescribed by the Commissioner of Motor Vehicles, to the hearing officer named in such notice within ten days from the date of such notice. Such application forms shall be made readily available to the public at all offices of the Department of Motor Vehicles, parking authorities authorized under an ordinance adopted pursuant to section 7-204a to enforce parking regulations and state and local police departments. (f) (1) The chief executive officer of each town shall appoint a suitable person, who shall not be a member of any state or local police department, to be a hearing officer to hear applications to determine whether or not the towing within such municipality of such motor vehicle was authorized under the provisions of this section. Two or more towns may join in appointing such hearing officer; provided any such hearing shall be held at a location which is as near to the town within which such motor vehicle was towed as is reasonable and practicable. The commissioner shall establish by regulation the qualifications necessary for hearing officers and procedures for the holding of such hearings. If it is determined at such hearing that the vehicle was not a menace to traffic, abandoned or unregistered, as the case may be, the owner of such motor vehicle shall not be liable for any expenses incurred as a result of the taking and storage of such motor vehicle, the lien provisions of this section shall not apply to such owner, and the department which took and stored such motor vehicle shall be liable for such expenses. If the owner, prior to such determination, pays such expenses and the storage charges of such motor vehicle, and it is determined at such hearing that the motor vehicle was not a menace to traffic, abandoned or unregistered, as the case may be, the department or parking authority which took such motor vehicle shall be liable to such owner for the amount paid by such owner. Any person aggrieved by the decision of such hearing officer may, within fifteen days of the notice of such decision, appeal to the superior court for the judicial district wherein such hearing was held. (2) The chief executive officer of each municipality shall designate a suitable person who shall be responsible for the collection of data concerning abandoned motor vehicles within such municipality and the preparation and submission of periodic reports to the Commissioner of Motor Vehicles which shall contain such information as the commissioner may require. (g) The owner or keeper of any garage or other place where such motor vehicle is stored shall have a lien upon such motor vehicle for such owner's or keeper's towing or storage charges, or both, that result from towing or storage under this section. (1) Except as provided in subsection (d) of this section, if the current market value of such motor vehicle as determined in good faith by such owner or keeper does not exceed one thousand five hundred dollars and such motor vehicle has been stored for a period of not less than fifteen days, such owner or keeper shall, unless an application filed by the owner pursuant to subsection (e) of this section is pending and the owner of such motor vehicle has notified such owner or keeper that such application for hearing has been filed, send a notice of intent to sell that complies with subsection (h) of this section to the commissioner, the owner of such motor vehicle and any known lienholder of record of such motor vehicle within such period. Upon approval by the commissioner of the notice of intent to sell, the commissioner shall issue such owner or keeper an affidavit of compliance. Such owner or keeper shall sell such motor vehicle not less than five business days after the mailing date of the notice of intent to sell, and apply the proceeds of the sale toward such owner's or keeper's towing and storage charges. (2) If the current market value of such motor vehicle as determined in good faith by such owner or keeper exceeds one thousand five hundred dollars and if such motor vehicle has been stored for a period of not less than forty-five days, such owner or keeper shall, unless an application filed by the owner pursuant to subsection (e) of this section is pending and the owner of such motor vehicle has notified such owner or keeper that such application for hearing has been filed, send a notice of intent to sell that complies with subsection (h) of this section to the commissioner, the owner of such motor vehicle and any known lienholder of record of such motor vehicle within such period. Upon approval by the commissioner of the notice of intent to sell, the commissioner shall issue such owner or keeper an affidavit of compliance. Such owner or keeper shall sell such motor vehicle at public auction for cash, at such owner's or keeper's place of business not less than five business days after the mailing date of the notice of intent to sell. Such owner or keeper shall apply the proceeds of such sale toward the payment of such owner's or keeper's towing and storage charges and the payment of any debt or obligation incurred by the officer who placed such motor vehicle in storage. At any public auction held pursuant to this subsection, such owner or keeper may set a minimum bid equal to the amount of such owner's or keeper's charges and obligations with respect to the tow and storage of the motor vehicle. If no such bid is made, such owner or keeper may sell or dispose of such vehicle. (h) The notice of intent to sell described in subsection (g) of this section shall include the make, model and vehicle identification number of such motor vehicle, the date such motor vehicle was left with the owner or keeper of the garage for storage and by whom and the registration number thereof if any number plates are on such motor vehicle, and shall be placed on file by the commissioner and subject to public inspection. The notice of intent to sell shall be accompanied by a statement to the owner and known lienholder of such motor vehicle indicating the date, time and place of the sale of such motor vehicle, and the manner of the sale, as specified in subdivision (1) or (2) of subsection (g) of this section. Such owner or keeper shall give such notice and accompanying statement to such motor vehicle owner and lienholder by certified mail, return receipt requested. Such statement shall indicate that any proceeds in excess of such owner's or keeper's charges and obligations may be claimed by the owner of such motor vehicle within one year from the date of such sale. The fee for filing such notice of intent and accompanying statement shall be ten dollars. Any sale under the provisions of this section shall be void, unless such owner or keeper provides the notice required by this section. (i) At the time of a sale conducted under subsection (g) of this section, such owner or keeper shall provide the purchaser of such motor vehicle with the affidavit of compliance issued by the commissioner. Except for a thirty-day period immediately following the date such motor vehicle was placed in storage under subdivision (1) of subsection (g) of this section, or a sixty-day period immediately following the date such motor vehicle was placed in storage under subdivision (2) of subsection (g) of this section, the commissioner may limit the number of days that such owner or keeper may charge for storage of the motor vehicle prior to the time such motor vehicle was sold unless such owner or keeper provides evidence to the commissioner that the storage charges accrued as a result of such owner or keeper's reliance upon statements or representations made by the owner or lienholder of the motor vehicle or as a result of such owner's or keeper's good faith effort to negotiate the return of such motor vehicle to such owner or lienholder. (j) The owner or keeper of such garage shall report the sales price, storing, towing and repair charges, if any; buyer's name and address; identification of the vehicle and such other information as may be required in regulations adopted pursuant to this section, to the commissioner within fifteen days after the sale of the motor vehicle. The proceeds of such sale, after deducting the amount due such owner or keeper and all expenses connected with such sale, including the expenses of the officer who placed such motor vehicle in storage, shall be paid to the owner of such motor vehicle or such owner's legal representatives, if claimed by such owner or such owner's legal representatives at any time within one year from the date of such sale. If such balance is not claimed within said period, it shall escheat to the state. (k) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section. The regulations shall (1) specify the circumstances under which title to any motor vehicle abandoned within the limits of any highway may be transferred to any person, firm or corporation towing such vehicle, (2) establish the procedure whereby such person, firm or corporation may obtain title to such motor vehicle, and (3) specify the circumstances under which the owner of a campground may dispose of a motor home or recreational vehicle abandoned on such owner's property and establishing procedures governing such disposal. See Sec. 14-197 re reports of stolen, recovered, unclaimed or abandoned vehicles.

Legislative History

(1949 Rev., S. 2475; 1963, P.A. 272; 1967, P.A. 877; 1969, P.A. 350; 1971, P.A. 817, S. 2; P.A. 73-131; P.A. 76-381, S. 7; 76-402, S. 1, 3; P.A. 77-452, S. 50, 72; P.A. 78-280, S. 1, 127; P.A. 80-119; P.A. 86-119; P.A. 87-372, S. 1, 2; P.A. 88-270, S. 4, 8; P.A. 91-408, S. 16; June Sp. Sess. P.A. 91-13, S. 11, 21; P.A. 98-215, S. 4; P.A. 99-27; P.A. 00-35, S. 2; P.A. 03-264, S. 4; P.A. 04-30, S. 1; P.A. 07-167, S. 31; P.A. 13-271, S. 58; P.A. 14-130, S. 22; P.A. 17-79, S. 17.) History: 1963 act authorized sale of vehicle for storage and towing charges after 30 days where value of vehicle is not more than $35; 1967 act included reference to deliberate abandonment, increased fine from $50 to $100 maximum and imprisonment from 60 to 90 days and added provision re determination of owner as last owner of record in Subsec. (a); 1969 act changed applicable current market value of vehicle from $35 to $100; 1971 act deleted “wilfully and deliberately” to describe abandonment in Subsec. (a); P.A. 73-131 deleted phrase “apparently has been involved in an accident” describing vehicles which are a menace to traffic in Subsec. (b); P.A. 76-381 replaced fine and imprisonment provision in Subsec. (a) with statement that violator has committed an infraction; P.A. 76-402 made Subsec. (b) applicable to vehicles which are a menace to traffic, deleting other descriptive phrases, and deleted provisions re liability for vehicle in officer's custody and charges as lien on vehicle, inserted new Subsecs. (c) and (d) re procedure for dealing with abandoned or unregistered vehicles, placed storage provisions formerly in Subsec. (b) in new Subsec. (e) and included references to application for hearing and redesignated Subsec. (c) as Subsec. (f); P.A. 77-452 replaced court of common pleas with superior court in Subsec. (d); P.A. 78-280 deleted reference to counties in Subsec. (d); P.A. 80-119 made auction sale of vehicle mandatory rather than optional if storage limit reached without owner taking action to regain vehicle and added provisions re required report of sale to commissioner in Subsec. (e); P.A. 86-119 amended Subsecs. (b) and (c) to require such motor vehicles to be taken into custody and stored and added Subsec. (g), requiring motor vehicle commissioner to adopt regulations re title to abandoned motor vehicles; P.A. 87-372 inserted new provisions as Subsec. (d), requiring immediate vesting of title to an abandoned, unusable motor vehicle with a current market value of $100 or less in the municipality where the vehicle was discovered and specifying procedures for notice and distribution of proceeds from sale or disposition, and relettering remaining Subsecs., and amended Subsecs. (e) and (g), providing vehicle may be sold after 15 days if market value does not exceed $500 or after 90 days if such value exceeds $500; P.A. 88-270 amended Subsec. (a) to require that the fine be not less than $85; amended Subsec. (b) to require removal of any vehicle which is a menace to public health or safety; amended Subsec. (d) to require the deduction of the amount of any fines due from the proceeds of the sale or disposition, and added Subsec. (f)(2), requiring municipal chief executive officer to designate person responsible for collecting abandoned vehicle data and reporting to motor vehicle commissioner; P.A. 91-408 amended Subsec. (c) to add provision requiring department to attempt to notify the owner of a stolen vehicle and to allow the owner to remove the vehicle; June Sp. Sess. P.A. 91-13 added $5 fee for filing of notice; (Revisor's note: In 1997 references throughout the general statutes to “Motor Vehicle(s) Commissioner” and “Motor Vehicle(s) Department” were replaced editorially by the Revisors with “Commissioner of Motor Vehicles” or “Department of Motor Vehicles”, as the case may be, for consistency with customary statutory usage); P.A. 98-215 amended Subsecs. (e) and (g) to reduce from 90 to 45 days the time after which a vehicle may be sold re vehicles with market value over $500; P.A. 99-27 amended Subsec. (d)(2) by increasing the required value of a motor vehicle from $100 to $500, amended Subsecs. (e) and (g) by applying provisions to motor vehicles valued at $1,500, increased from $500, and made technical changes re gender neutrality; P.A. 00-35 deleted provisions in Subsec. (g) re advertising sale, and added provisions re minimum bids at public auction and provision that if no bid is made the owner or keeper may sell or dispose of such vehicle; P.A. 03-264 amended Subsecs. (b) to (f), inclusive, to add provisions re enforcement by parking authority authorized to enforce municipal parking regulations, replaced “such officer” with “such hearing officer” in Subsec. (f)(1) and made technical changes in Subsec. (j); P.A. 04-30 amended Subsec. (e) to require that written notice by certified mail be given to any lienholders of such motor vehicle if the same appears on the records of the department and amended Subsec. (g) to make technical changes and to require that notice of intent to sell be sent to any lienholder of record of motor vehicle, effective April 28, 2004; P.A. 07-167 amended Subsec. (g) by inserting reference to owner's or keeper's towing charges; P.A. 13-271 amended Subsec. (j) to allow commissioner to adopt regulations re disposal of motor home or recreational vehicle abandoned at campground, effective July 1, 2013; P.A. 14-130 amended Subsec. (g) to add provision allowing charges for both towing and storage, amended Subsec. (i) to replace “engine number and chassis” with “vehicle identification”, and made technical changes, effective July 1, 2014; P.A. 17-79 amended Subsec. (d) by adding provision re sale or transfer of motor vehicle to recycler, amended Subsecs. (d) and (e) by adding “return receipt requested”, further amended Subsec. (e) by designating provisions re 15 days and 45 days as Subparas. (A) and (B), respectively, substantially amended Subsec. (g) including by designating provisions re current market value does not exceed $1,500 as Subdiv. (1) and amending same to replace provision re owner or keeper may sell for storage and towing charges with provisions re owner or keeper shall send notice of intent to sell and affidavit of compliance, designating provisions re current market value exceeds $1,500 as Subdiv. (2) and amending same by adding “not less than” re 45 days, replacing “sell the same” with provision re sending notice of intent to sell and affidavit of compliance, adding provision re owner or keeper to apply proceeds toward payment of towing and storage and deleting provision re notice at last usual place of abode, added new Subsec. (h) re notice of intent to sell, added new Subsec. (i) re affidavit of compliance and number of days owner or keeper may charge for storage, redesignated existing Subsec. (h) re report of information as Subsec. (j), deleted former Subsec. (i) re notice to commissioner, redesignated Subsec. (j) re regulations as Subsec. (k) and made technical and conforming changes, effective January 1, 2018. Provisions relate to sale of a car placed in storage by an officer. 139 C. 706. Cited. 241 C. 678. Cited. 1 CA 709; 10 CA 22; 17 CA 216; 35 CA 455. Held unconstitutional in violation of due process for failure to provide notice by mail of proposed sale to lienholders; notice by publication deemed inadequate. 36 CA 123. Cited. 42 CA 599. Cited. 34 CS 272; 41 CS 484. Subsec. (b): Gravamen of Subsec. is the menace to traffic caused by the vehicle. 34 CS 270.