§ 20‑108. Vehicles orcomponent parts of vehicles without manufacturer's numbers.
(a) Any person whoknowingly buys, receives, disposes of, sells, offers for sale, conceals, or hasin his possession any motor vehicle, or engine or transmission or componentpart which has been stolen or removed from a motor vehicle and from which themanufacturer's serial or engine number or other distinguishing number oridentification mark or number placed thereon under assignment from the Divisionhas been removed, defaced, covered, altered, or destroyed for the purpose ofconcealing or misrepresenting the identity of said motor vehicle or engine ortransmission or component part is guilty of a Class 2 misdemeanor.
(b) The Commissionerand such officers and inspectors of the Division of Motor Vehicles as he hasdesignated may take and possess any motor vehicle or component part if itsengine number, vehicle identification number, or manufacturer's serial numberhas been altered, changed, or obliterated or if such officer has probable causeto believe that the driver or person in charge of the motor vehicle orcomponent part has violated subsection (a) above. Any officer who so takespossession of a motor vehicle or component part shall immediately notify theDivision of Motor Vehicles and the rightful owner, if known. The notificationshall contain a description of the motor vehicle or component part and anyother facts that may assist in locating or establishing the rightful ownershipthereof or in prosecuting any person for a violation of the provisions of thisArticle.
(c) Within 15 daysafter seizure of a motor vehicle or component part pursuant to this section,the Division shall send notice by certified mail to the person from whom theproperty was seized and to all claimants to the property whose interest ortitle is in the registration records in the Division of Motor Vehicles that theDivision has taken custody of the motor vehicle or component part. The noticeshall also contain the following information:
(1) The name and addressof the person or persons from whom the motor vehicle or component part wasseized;
(2) A statement that themotor vehicle or component part has been seized for investigation as providedin this section and that the motor vehicle or component part will be releasedto the rightful owner:
a. Upon a determinationthat the identification number has not been altered, changed, or obliterated;or
b. Upon presentation ofsatisfactory evidence of the ownership of the motor vehicle or component part ifno other person claims an interest in it within 30 days of the date the noticeis mailed. Otherwise, a hearing regarding the disposition of the motor vehicleor component part may take place in a court having jurisdiction.
(3) The name and addressof the officer to whom evidence of ownership of the motor vehicle or componentpart may be presented; and
(4) A copy statement ofthe text contained in this section.
(d) Whenever a motorvehicle or component part comes into the custody of an officer, the Division ofMotor Vehicles may commence a civil action in the District Court in the countyin which the motor vehicle or component part was seized to determine whetherthe motor vehicle or component part should be destroyed, sold, converted to theuse of the Division or otherwise disposed of by an order of the court. TheDivision shall give notice of the commencement of such an action to the personfrom whom the motor vehicle or component part was seized and all claimants tothe property whose interest or title is in the registration records of theDivision of Motor Vehicles. Notice shall be by certified mail sent within 10days after the filing of the action. In addition, any possessor of a motorvehicle or component part described in this section may commence a civil actionunder the provisions of this section, to which the Division of Motor Vehiclesmay be made a party, to provide for the proper disposition of the motor vehicleor component part.
(e) Nothing in thissection shall preclude the Division of Motor Vehicles from returning a seizedmotor vehicle or component part to the owner following presentation ofsatisfactory evidence of ownership, and, if determined necessary, requiring theowner to obtain an assignment of an identification number for the motor vehicleor component part from the Division of Motor Vehicles.
(f) No court orderproviding for disposition shall be issued unless the person from whom the motorvehicle or component was seized and all claimants to the property whoseinterest or title is in the registration records in the Division of MotorVehicles are provided a postseizure hearing by the court having jurisdiction. Ten days' notice of the postseizure hearing shall be given by certified mail tothe person from whom the motor vehicle was seized and all claimants to theproperty whose interest or title is in the registration records in the Divisionof Motor Vehicles. If such motor vehicle or component part has been held oridentified as evidence in a pending civil or criminal action or proceeding, nofinal disposition of such motor vehicle or component part shall be orderedwithout prior notice to the parties in said proceeding.
(g) At a hearing heldpursuant to any action filed by the Division to determine the disposition ofany motor vehicle or component part seized pursuant to this section, the courtshall consider the following:
(1) If the evidencereveals either that the motor vehicle or component part identification numberhas not been altered, changed or obliterated or that the identification numberhas been altered, changed, or obliterated but satisfactory evidence ofownership has been presented, the motor vehicle or component part shall bereturned to the person entitled to it. If ownership cannot be established,nothing in this section shall preclude the return of said motor vehicle orcomponent part to a good faith purchaser following the presentation ofsatisfactory evidence of ownership thereof and, if necessary, upon the goodfaith purchaser's obtaining an assigned number from the Division of MotorVehicles and posting a reasonable bond for a period of three years. The amountof the bond shall be set by the court.
(2) If the evidencereveals that the motor vehicle or component part identification number has beenaltered, changed, or obliterated and satisfactory evidence of ownership has notbeen presented, the motor vehicle or component part shall be destroyed, sold,converted to the use of the Division of Motor Vehicles or otherwise disposedof, as provided for by order of the court.
(h) At the hearing, theDivision shall have the burden of establishing, by a preponderance of theevidence, that the motor vehicle or component part has been stolen or that itsidentification number has been altered, changed, or obliterated.
(i) At the hearing anyclaimant to the motor vehicle or component part shall have the burden ofproviding satisfactory evidence of ownership.
(j) An officer takinginto custody a motor vehicle or component part under the provisions of thissection is authorized to obtain necessary removal and storage services, butshall incur no personal liability for such services. The person or company soemployed shall be entitled to reasonable compensation as a claimant under (e),and shall not be deemed an unlawful possessor under (a). (1937,c. 407, s. 72; 1965, c. 621, s. 2; 1973, c. 1149, ss. 1, 2; 1975, c. 716, s. 5;1983, c. 592; 1985, c. 764, s. 22; 1985 (Reg. Sess., 1986), c. 852, s. 17;1993, c. 539, s. 349; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 20‑108. Vehicles orcomponent parts of vehicles without manufacturer's numbers.
(a) Any person whoknowingly buys, receives, disposes of, sells, offers for sale, conceals, or hasin his possession any motor vehicle, or engine or transmission or componentpart which has been stolen or removed from a motor vehicle and from which themanufacturer's serial or engine number or other distinguishing number oridentification mark or number placed thereon under assignment from the Divisionhas been removed, defaced, covered, altered, or destroyed for the purpose ofconcealing or misrepresenting the identity of said motor vehicle or engine ortransmission or component part is guilty of a Class 2 misdemeanor.
(b) The Commissionerand such officers and inspectors of the Division of Motor Vehicles as he hasdesignated may take and possess any motor vehicle or component part if itsengine number, vehicle identification number, or manufacturer's serial numberhas been altered, changed, or obliterated or if such officer has probable causeto believe that the driver or person in charge of the motor vehicle orcomponent part has violated subsection (a) above. Any officer who so takespossession of a motor vehicle or component part shall immediately notify theDivision of Motor Vehicles and the rightful owner, if known. The notificationshall contain a description of the motor vehicle or component part and anyother facts that may assist in locating or establishing the rightful ownershipthereof or in prosecuting any person for a violation of the provisions of thisArticle.
(c) Within 15 daysafter seizure of a motor vehicle or component part pursuant to this section,the Division shall send notice by certified mail to the person from whom theproperty was seized and to all claimants to the property whose interest ortitle is in the registration records in the Division of Motor Vehicles that theDivision has taken custody of the motor vehicle or component part. The noticeshall also contain the following information:
(1) The name and addressof the person or persons from whom the motor vehicle or component part wasseized;
(2) A statement that themotor vehicle or component part has been seized for investigation as providedin this section and that the motor vehicle or component part will be releasedto the rightful owner:
a. Upon a determinationthat the identification number has not been altered, changed, or obliterated;or
b. Upon presentation ofsatisfactory evidence of the ownership of the motor vehicle or component part ifno other person claims an interest in it within 30 days of the date the noticeis mailed. Otherwise, a hearing regarding the disposition of the motor vehicleor component part may take place in a court having jurisdiction.
(3) The name and addressof the officer to whom evidence of ownership of the motor vehicle or componentpart may be presented; and
(4) A copy statement ofthe text contained in this section.
(d) Whenever a motorvehicle or component part comes into the custody of an officer, the Division ofMotor Vehicles may commence a civil action in the District Court in the countyin which the motor vehicle or component part was seized to determine whetherthe motor vehicle or component part should be destroyed, sold, converted to theuse of the Division or otherwise disposed of by an order of the court. TheDivision shall give notice of the commencement of such an action to the personfrom whom the motor vehicle or component part was seized and all claimants tothe property whose interest or title is in the registration records of theDivision of Motor Vehicles. Notice shall be by certified mail sent within 10days after the filing of the action. In addition, any possessor of a motorvehicle or component part described in this section may commence a civil actionunder the provisions of this section, to which the Division of Motor Vehiclesmay be made a party, to provide for the proper disposition of the motor vehicleor component part.
(e) Nothing in thissection shall preclude the Division of Motor Vehicles from returning a seizedmotor vehicle or component part to the owner following presentation ofsatisfactory evidence of ownership, and, if determined necessary, requiring theowner to obtain an assignment of an identification number for the motor vehicleor component part from the Division of Motor Vehicles.
(f) No court orderproviding for disposition shall be issued unless the person from whom the motorvehicle or component was seized and all claimants to the property whoseinterest or title is in the registration records in the Division of MotorVehicles are provided a postseizure hearing by the court having jurisdiction. Ten days' notice of the postseizure hearing shall be given by certified mail tothe person from whom the motor vehicle was seized and all claimants to theproperty whose interest or title is in the registration records in the Divisionof Motor Vehicles. If such motor vehicle or component part has been held oridentified as evidence in a pending civil or criminal action or proceeding, nofinal disposition of such motor vehicle or component part shall be orderedwithout prior notice to the parties in said proceeding.
(g) At a hearing heldpursuant to any action filed by the Division to determine the disposition ofany motor vehicle or component part seized pursuant to this section, the courtshall consider the following:
(1) If the evidencereveals either that the motor vehicle or component part identification numberhas not been altered, changed or obliterated or that the identification numberhas been altered, changed, or obliterated but satisfactory evidence ofownership has been presented, the motor vehicle or component part shall bereturned to the person entitled to it. If ownership cannot be established,nothing in this section shall preclude the return of said motor vehicle orcomponent part to a good faith purchaser following the presentation ofsatisfactory evidence of ownership thereof and, if necessary, upon the goodfaith purchaser's obtaining an assigned number from the Division of MotorVehicles and posting a reasonable bond for a period of three years. The amountof the bond shall be set by the court.
(2) If the evidencereveals that the motor vehicle or component part identification number has beenaltered, changed, or obliterated and satisfactory evidence of ownership has notbeen presented, the motor vehicle or component part shall be destroyed, sold,converted to the use of the Division of Motor Vehicles or otherwise disposedof, as provided for by order of the court.
(h) At the hearing, theDivision shall have the burden of establishing, by a preponderance of theevidence, that the motor vehicle or component part has been stolen or that itsidentification number has been altered, changed, or obliterated.
(i) At the hearing anyclaimant to the motor vehicle or component part shall have the burden ofproviding satisfactory evidence of ownership.
(j) An officer takinginto custody a motor vehicle or component part under the provisions of thissection is authorized to obtain necessary removal and storage services, butshall incur no personal liability for such services. The person or company soemployed shall be entitled to reasonable compensation as a claimant under (e),and shall not be deemed an unlawful possessor under (a). (1937,c. 407, s. 72; 1965, c. 621, s. 2; 1973, c. 1149, ss. 1, 2; 1975, c. 716, s. 5;1983, c. 592; 1985, c. 764, s. 22; 1985 (Reg. Sess., 1986), c. 852, s. 17;1993, c. 539, s. 349; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 20‑108. Vehicles orcomponent parts of vehicles without manufacturer's numbers.
(a) Any person whoknowingly buys, receives, disposes of, sells, offers for sale, conceals, or hasin his possession any motor vehicle, or engine or transmission or componentpart which has been stolen or removed from a motor vehicle and from which themanufacturer's serial or engine number or other distinguishing number oridentification mark or number placed thereon under assignment from the Divisionhas been removed, defaced, covered, altered, or destroyed for the purpose ofconcealing or misrepresenting the identity of said motor vehicle or engine ortransmission or component part is guilty of a Class 2 misdemeanor.
(b) The Commissionerand such officers and inspectors of the Division of Motor Vehicles as he hasdesignated may take and possess any motor vehicle or component part if itsengine number, vehicle identification number, or manufacturer's serial numberhas been altered, changed, or obliterated or if such officer has probable causeto believe that the driver or person in charge of the motor vehicle orcomponent part has violated subsection (a) above. Any officer who so takespossession of a motor vehicle or component part shall immediately notify theDivision of Motor Vehicles and the rightful owner, if known. The notificationshall contain a description of the motor vehicle or component part and anyother facts that may assist in locating or establishing the rightful ownershipthereof or in prosecuting any person for a violation of the provisions of thisArticle.
(c) Within 15 daysafter seizure of a motor vehicle or component part pursuant to this section,the Division shall send notice by certified mail to the person from whom theproperty was seized and to all claimants to the property whose interest ortitle is in the registration records in the Division of Motor Vehicles that theDivision has taken custody of the motor vehicle or component part. The noticeshall also contain the following information:
(1) The name and addressof the person or persons from whom the motor vehicle or component part wasseized;
(2) A statement that themotor vehicle or component part has been seized for investigation as providedin this section and that the motor vehicle or component part will be releasedto the rightful owner:
a. Upon a determinationthat the identification number has not been altered, changed, or obliterated;or
b. Upon presentation ofsatisfactory evidence of the ownership of the motor vehicle or component part ifno other person claims an interest in it within 30 days of the date the noticeis mailed. Otherwise, a hearing regarding the disposition of the motor vehicleor component part may take place in a court having jurisdiction.
(3) The name and addressof the officer to whom evidence of ownership of the motor vehicle or componentpart may be presented; and
(4) A copy statement ofthe text contained in this section.
(d) Whenever a motorvehicle or component part comes into the custody of an officer, the Division ofMotor Vehicles may commence a civil action in the District Court in the countyin which the motor vehicle or component part was seized to determine whetherthe motor vehicle or component part should be destroyed, sold, converted to theuse of the Division or otherwise disposed of by an order of the court. TheDivision shall give notice of the commencement of such an action to the personfrom whom the motor vehicle or component part was seized and all claimants tothe property whose interest or title is in the registration records of theDivision of Motor Vehicles. Notice shall be by certified mail sent within 10days after the filing of the action. In addition, any possessor of a motorvehicle or component part described in this section may commence a civil actionunder the provisions of this section, to which the Division of Motor Vehiclesmay be made a party, to provide for the proper disposition of the motor vehicleor component part.
(e) Nothing in thissection shall preclude the Division of Motor Vehicles from returning a seizedmotor vehicle or component part to the owner following presentation ofsatisfactory evidence of ownership, and, if determined necessary, requiring theowner to obtain an assignment of an identification number for the motor vehicleor component part from the Division of Motor Vehicles.
(f) No court orderproviding for disposition shall be issued unless the person from whom the motorvehicle or component was seized and all claimants to the property whoseinterest or title is in the registration records in the Division of MotorVehicles are provided a postseizure hearing by the court having jurisdiction. Ten days' notice of the postseizure hearing shall be given by certified mail tothe person from whom the motor vehicle was seized and all claimants to theproperty whose interest or title is in the registration records in the Divisionof Motor Vehicles. If such motor vehicle or component part has been held oridentified as evidence in a pending civil or criminal action or proceeding, nofinal disposition of such motor vehicle or component part shall be orderedwithout prior notice to the parties in said proceeding.
(g) At a hearing heldpursuant to any action filed by the Division to determine the disposition ofany motor vehicle or component part seized pursuant to this section, the courtshall consider the following:
(1) If the evidencereveals either that the motor vehicle or component part identification numberhas not been altered, changed or obliterated or that the identification numberhas been altered, changed, or obliterated but satisfactory evidence ofownership has been presented, the motor vehicle or component part shall bereturned to the person entitled to it. If ownership cannot be established,nothing in this section shall preclude the return of said motor vehicle orcomponent part to a good faith purchaser following the presentation ofsatisfactory evidence of ownership thereof and, if necessary, upon the goodfaith purchaser's obtaining an assigned number from the Division of MotorVehicles and posting a reasonable bond for a period of three years. The amountof the bond shall be set by the court.
(2) If the evidencereveals that the motor vehicle or component part identification number has beenaltered, changed, or obliterated and satisfactory evidence of ownership has notbeen presented, the motor vehicle or component part shall be destroyed, sold,converted to the use of the Division of Motor Vehicles or otherwise disposedof, as provided for by order of the court.
(h) At the hearing, theDivision shall have the burden of establishing, by a preponderance of theevidence, that the motor vehicle or component part has been stolen or that itsidentification number has been altered, changed, or obliterated.
(i) At the hearing anyclaimant to the motor vehicle or component part shall have the burden ofproviding satisfactory evidence of ownership.
(j) An officer takinginto custody a motor vehicle or component part under the provisions of thissection is authorized to obtain necessary removal and storage services, butshall incur no personal liability for such services. The person or company soemployed shall be entitled to reasonable compensation as a claimant under (e),and shall not be deemed an unlawful possessor under (a). (1937,c. 407, s. 72; 1965, c. 621, s. 2; 1973, c. 1149, ss. 1, 2; 1975, c. 716, s. 5;1983, c. 592; 1985, c. 764, s. 22; 1985 (Reg. Sess., 1986), c. 852, s. 17;1993, c. 539, s. 349; 1994, Ex. Sess., c. 24, s. 14(c).)
