§ 46.2-1202. Search for owner and secured party; notice.
A. Any person in possession of an abandoned motor vehicle shall initiate withthe Department, in a manner prescribed by the Commissioner, a search for theowner and/or lienholder of record of the vehicle, requesting the name andaddress of the owner of record of the motor vehicle and all persons havingsecurity interests in the motor vehicle on record in the office of theDepartment, describing, if ascertainable, the motor vehicle by year, make,model, and vehicle identification number. A fee of $25 shall be paid to theDepartment at the time of application. Those fees shall be paid into thestate treasury and set aside as a special, nonreverting fund to be used tomeet the expenses of the Department. A local government agency with a writtenagreement with the Department shall be exempt from this fee.
The Department shall check: (i) its own records, (ii) the records of anationally recognized crime database, and (iii) records of a nationallyrecognized motor vehicle title database for owner and lienholder information.If a vehicle has been reported as stolen, the Department shall notify theappropriate law-enforcement agency of that fact. If a vehicle has been foundto have been titled in another jurisdiction, the Department shall notify theapplicant of that jurisdiction. In cases of motor vehicles titled in otherjurisdictions, the Commissioner shall issue certificates of title on proofsatisfactory to the Commissioner that the persons required to be notified byregistered or certified mail have received actual notice fully containing theinformation required by this section.
B. If the Department confirms owner or lienholder information, the Departmentshall notify the owner, at the last known address of record, and lienholder,at the last known address of record, of the notice of interest in theirvehicle, by certified mail, return receipt requested, and advise them toreclaim and remove the vehicle within 15 days, or, if the vehicle is amanufactured home or a mobile home, 120 days, from the date of notice. Suchnotice, when sent in accordance with these requirements, shall be sufficientregardless of whether or not it was ever received. Following the noticerequired in this subsection, if the motor vehicle remains unclaimed, theowner and all persons having security interests in the motor vehicle shallhave waived all right, title, and interest in the motor vehicle.
Whenever a vehicle is shown by the Department's records to be owned by aperson who has indicated that he is on active military duty or service, theDepartment shall notify the requestor of such information. Any person havingan interest in such vehicle under the provisions of this article shall complywith the provisions of the federal Servicemembers Civil Relief Act (50 U.S.C.app. 501 et seq.).
C. If records of the Department contain no address for the owner or noaddress of any person shown by the Department's records to have a securityinterest, or if the identity and addresses of the owner and all personshaving security interests cannot be determined with reasonable certainty, theperson in possession of the abandoned motor vehicle shall obtain from theDepartment in a manner prescribed by the Commissioner, a Vehicle RemovalCertificate. The vehicle may be sold or transferred to a licensee or a scrapmetal processor, as defined in § 46.2-1600.
(1968, c. 421, § 46.1-555.4; 1989, c. 727; 1997, c. 150; 2009, c. 664.)
§ 46.2-1202. Search for owner and secured party; notice.
A. Any person in possession of an abandoned motor vehicle shall initiate withthe Department, in a manner prescribed by the Commissioner, a search for theowner and/or lienholder of record of the vehicle, requesting the name andaddress of the owner of record of the motor vehicle and all persons havingsecurity interests in the motor vehicle on record in the office of theDepartment, describing, if ascertainable, the motor vehicle by year, make,model, and vehicle identification number. A fee of $25 shall be paid to theDepartment at the time of application. Those fees shall be paid into thestate treasury and set aside as a special, nonreverting fund to be used tomeet the expenses of the Department. A local government agency with a writtenagreement with the Department shall be exempt from this fee.
The Department shall check: (i) its own records, (ii) the records of anationally recognized crime database, and (iii) records of a nationallyrecognized motor vehicle title database for owner and lienholder information.If a vehicle has been reported as stolen, the Department shall notify theappropriate law-enforcement agency of that fact. If a vehicle has been foundto have been titled in another jurisdiction, the Department shall notify theapplicant of that jurisdiction. In cases of motor vehicles titled in otherjurisdictions, the Commissioner shall issue certificates of title on proofsatisfactory to the Commissioner that the persons required to be notified byregistered or certified mail have received actual notice fully containing theinformation required by this section.
B. If the Department confirms owner or lienholder information, the Departmentshall notify the owner, at the last known address of record, and lienholder,at the last known address of record, of the notice of interest in theirvehicle, by certified mail, return receipt requested, and advise them toreclaim and remove the vehicle within 15 days, or, if the vehicle is amanufactured home or a mobile home, 120 days, from the date of notice. Suchnotice, when sent in accordance with these requirements, shall be sufficientregardless of whether or not it was ever received. Following the noticerequired in this subsection, if the motor vehicle remains unclaimed, theowner and all persons having security interests in the motor vehicle shallhave waived all right, title, and interest in the motor vehicle.
Whenever a vehicle is shown by the Department's records to be owned by aperson who has indicated that he is on active military duty or service, theDepartment shall notify the requestor of such information. Any person havingan interest in such vehicle under the provisions of this article shall complywith the provisions of the federal Servicemembers Civil Relief Act (50 U.S.C.app. 501 et seq.).
C. If records of the Department contain no address for the owner or noaddress of any person shown by the Department's records to have a securityinterest, or if the identity and addresses of the owner and all personshaving security interests cannot be determined with reasonable certainty, theperson in possession of the abandoned motor vehicle shall obtain from theDepartment in a manner prescribed by the Commissioner, a Vehicle RemovalCertificate. The vehicle may be sold or transferred to a licensee or a scrapmetal processor, as defined in § 46.2-1600.
(1968, c. 421, § 46.1-555.4; 1989, c. 727; 1997, c. 150; 2009, c. 664.)
§ 46.2-1202. Search for owner and secured party; notice.
A. Any person in possession of an abandoned motor vehicle shall initiate withthe Department, in a manner prescribed by the Commissioner, a search for theowner and/or lienholder of record of the vehicle, requesting the name andaddress of the owner of record of the motor vehicle and all persons havingsecurity interests in the motor vehicle on record in the office of theDepartment, describing, if ascertainable, the motor vehicle by year, make,model, and vehicle identification number. A fee of $25 shall be paid to theDepartment at the time of application. Those fees shall be paid into thestate treasury and set aside as a special, nonreverting fund to be used tomeet the expenses of the Department. A local government agency with a writtenagreement with the Department shall be exempt from this fee.
The Department shall check: (i) its own records, (ii) the records of anationally recognized crime database, and (iii) records of a nationallyrecognized motor vehicle title database for owner and lienholder information.If a vehicle has been reported as stolen, the Department shall notify theappropriate law-enforcement agency of that fact. If a vehicle has been foundto have been titled in another jurisdiction, the Department shall notify theapplicant of that jurisdiction. In cases of motor vehicles titled in otherjurisdictions, the Commissioner shall issue certificates of title on proofsatisfactory to the Commissioner that the persons required to be notified byregistered or certified mail have received actual notice fully containing theinformation required by this section.
B. If the Department confirms owner or lienholder information, the Departmentshall notify the owner, at the last known address of record, and lienholder,at the last known address of record, of the notice of interest in theirvehicle, by certified mail, return receipt requested, and advise them toreclaim and remove the vehicle within 15 days, or, if the vehicle is amanufactured home or a mobile home, 120 days, from the date of notice. Suchnotice, when sent in accordance with these requirements, shall be sufficientregardless of whether or not it was ever received. Following the noticerequired in this subsection, if the motor vehicle remains unclaimed, theowner and all persons having security interests in the motor vehicle shallhave waived all right, title, and interest in the motor vehicle.
Whenever a vehicle is shown by the Department's records to be owned by aperson who has indicated that he is on active military duty or service, theDepartment shall notify the requestor of such information. Any person havingan interest in such vehicle under the provisions of this article shall complywith the provisions of the federal Servicemembers Civil Relief Act (50 U.S.C.app. 501 et seq.).
C. If records of the Department contain no address for the owner or noaddress of any person shown by the Department's records to have a securityinterest, or if the identity and addresses of the owner and all personshaving security interests cannot be determined with reasonable certainty, theperson in possession of the abandoned motor vehicle shall obtain from theDepartment in a manner prescribed by the Commissioner, a Vehicle RemovalCertificate. The vehicle may be sold or transferred to a licensee or a scrapmetal processor, as defined in § 46.2-1600.
(1968, c. 421, § 46.1-555.4; 1989, c. 727; 1997, c. 150; 2009, c. 664.)
