Code of Virginia - Title 46.2 Motor Vehicles - Section 46.2-1204 Vehicles abandoned in garages

§ 46.2-1204. Vehicles abandoned in garages

Notwithstanding § 46.2-1200, any motor vehicle, trailer, semitrailer, or part thereof shall be considered abandoned and may be reported by the garagekeeper to the political subdivision if it has been left in a garage for more than ten days or for more than ten days beyond the period the vehicle was to remain on the premises pursuant to a contract, after notice by registered or certified mail, return receipt requested, to the owner of record and all persons having security interests of record therein, to reclaim the vehicle within fifteen days of the notice. Any abandoned motor vehicle left in a garage may be taken into custody by the locality in accordance with § 46.2-1201 and shall be subject to the notice and sale provisions contained in §§ 46.2-1202 and 46.2-1203. If, however, the vehicle is reclaimed in accordance with § 46.2-1202, the person reclaiming it, in addition to the other charges required to be paid, shall pay the reasonable charges of the garagekeeper, unless otherwise provided by contract or ordinance. If the vehicle is sold pursuant to § 46.2-1203, any garagekeeper's charges shall be paid from, and to the extent of, the excess of the proceeds of sale after paying the expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody and all notice and publication costs incurred pursuant to § 46.2-1202. Except as otherwise provided in this article, nothing in this section shall restrict any rights conferred on any person under §§ 43-32 through 43-36.

For the purposes of this section, "garage" means any commercial parking place, motor vehicle storage facility, or establishment for the servicing, repair, maintenance, or sale of motor vehicles whether or not the vehicle had been brought to that location with the consent of the owner or person in control of the premises and "garagekeeper" means the operator of a garage.

(1968, c. 421, § 46.1-555.6; 1984, c. 143; 1989, c. 727.)

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Last modified: April 16, 2009