In this subtitle the following words have the meanings indicated. “Abandoned vehicle” means any motor vehicle, trailer, or semitrailer: That is inoperable and left unattended on public property for more than 48 hours; That has remained illegally on public property for more than 48 hours; That has remained on private property for more than 48 hours without the consent of the owner or person in control of the property; That has remained in a garage for more than 10 days after the garage keeper has given the owner of the vehicle notice by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to remove the vehicle; That has remained in a garage for more than 10 days after the period when, by contract, the vehicle was to remain in the garage; That was left for more than 10 days in a garage by: Someone other than its registered owner; or A person authorized to have possession of the vehicle under a contract of use, service, storage, or repair; That has remained on public property for more than 48 hours and: Is not displaying currently valid registration plates; or Is displaying registration plates of another vehicle; That has been left unattended on any portion of a “controlled access highway” as defined in § 8–101(f) of this article for more than 24 hours; That has been left unattended on any portion of a primary or secondary highway or controlled access highway, as defined in § 8–101 of this article, and is in violation of any of the provisions of § 22–408 of this article; or That is not reclaimed as provided under § 16–303.1 of this article. “Garage” means any of the following, if operated for commercial purposes: A parking place or establishment; A vehicle storage facility; or An establishment for the servicing, repair, or maintenance of vehicles. “Lessor” means a person who regularly leases or offers to lease motor vehicles. “Lessor” includes: An assignee of leases; and A person who during any 12–month period offers to lease 5 or more motor vehicles or who is assigned 5 or more leases. “Police department” means: The Department of State Police; The police department of any political subdivision of this State; In Baltimore City, the appropriate agency designated by the Board of Estimates; The police forces of public colleges and universities; In Prince George’s County, an appropriate agency or department designated by the County Executive; In any municipality in Prince George’s County or Montgomery County, an appropriate agency or department designated by the governing body of the municipality; and The police force of any State government agency.

A person may not abandon a vehicle: On any public property; or On any property other than his own without the permission of the owner or lessee of the property. The last known registered owner of an abandoned vehicle is considered to be the prima facie owner of the vehicle at the time it was abandoned and the person who abandoned it.

A police department may take any abandoned vehicle into custody. For this purpose, the police department may use its own personnel, equipment, and facilities or, subject to the provisions of subsection (b) of this section and except as provided in § 25–115 of this title, use other persons, equipment, and facilities for removing, preserving, and storing abandoned vehicles. A police department may not authorize the use of a tow truck under subsection (a) of this section unless the tow truck is registered under § 13–920 of this article.

As soon as reasonably possible and within 7 days at most after it takes an abandoned vehicle into custody, a police department shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to: Subject to paragraph (2) of this subsection, the last known registered owner of the vehicle; and Subject to paragraph (3) of this subsection, each secured party, as shown on the records of the Administration. A police department may notify the last known registered owner electronically through the Administration if: The Administration sends the notice to the owner using the e–mail address the owner provided to the Administration, as shown in the records of the Administration; and The police department sends the owner notice by certified mail, return receipt requested, and first–class mail, if the owner does not respond within 7 days after the electronic notice was sent by the Administration. A police department may send notice to any secured party electronically, if that form of notice is agreed to by the police department, the tower, and the secured party in writing or by electronic communication. The notice shall: State that the abandoned vehicle has been taken into custody; Describe the year, make, model, and vehicle identification number of the vehicle; Give the location of the facility where the vehicle is held; Inform the owner and secured party of the owner’s and secured party’s right to reclaim the vehicle within 3 weeks after the date of the notice, on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody; or In Baltimore City and Montgomery County, subject to subsection (a)(2) and (3) of this section, be sent by certified mail, return receipt requested, and inform the owner and secured party of the owner’s and secured party’s right to reclaim the vehicle within 11 working days after the receipt of the notice, on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody; and State that the failure of the owner or secured party to exercise this right in the time provided is: A waiver by the owner or secured party of all of the owner’s or secured party’s right, title, and interest in the vehicle; A consent to the sale of the vehicle at public auction; and A consent by the owner other than a lessor to the retention of the vehicle for public purposes as provided in § 25–207 of this subtitle. In Baltimore City, Prince George’s County, and Montgomery County, a police department or its agent may seek to recover costs of impoundment, storage, and sale of a vehicle as provided by §§ 25–206.1 and 25–206.2 of this subtitle. If a police department or its agent seeks to apply the provisions of §§ 25–206.1 and 25–206.2 of this subtitle, the notice required by this section shall also state that the failure of the owner or secured party to exercise the right to reclaim the vehicle in the time provided may cause: Continuing liability of the owner for costs of: Impoundment; Storage within the chargeable limit for storage as provided in § 25–206.1(b) of this subtitle; and Sale of the vehicle; and Denial of any application by the owner to renew the registration of any vehicle as required by § 25–206.2 of this subtitle. The Administration shall adopt regulations to allow for electronic notification to the last known registered owner of a vehicle under subsection (a)(2) of this section.

This section applies if: The identity of the last registered owner of an abandoned vehicle cannot be determined; The registration of the vehicle gives no address for the owner; It is impossible to determine with reasonable certainty the identity and address of each secured party; The certified mail notice required by § 25–204 of this subtitle is returned as undeliverable; or The electronic notices authorized under § 25–204(a)(2) or (3) of this subtitle are not acknowledged or are returned as undeliverable. Under one of the conditions described in subsection (a) of this section, a police department that takes an abandoned vehicle into custody shall give the required notice by posting a notice complying with the provisions of subsection (c) of this section in the circuit court of the county where the abandoned vehicle was found. The notice: May contain multiple listings of abandoned vehicles; Shall contain the information required by § 25–204 of this subtitle; and Shall be posted: Within 15 days of the taking into custody of the vehicle; or If the notice by posting under this section is made because of the return as undeliverable of a prior notice by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, within 7 days of the return of that prior notice.

If the owner or secured party fails to reclaim an abandoned vehicle within 3 weeks after notice is given under this subtitle, the owner or secured party is deemed to have waived all of the owner’s or secured party’s right, title, and interest in the vehicle and to have consented to the sale of the vehicle at public auction, and the owner other than a lessor is deemed to have consented to the retention of the vehicle for public purposes as provided in § 25-207 of this subtitle. In Baltimore City and Montgomery County, if the owner or secured party fails to reclaim an abandoned vehicle within 11 working days after receipt of notice given under § 25-204(b)(4)(ii) of this subtitle, the owner or secured party is deemed to have waived all of the owner’s or secured party’s right, title, and interest in the vehicle and to have consented to the sale of the vehicle at public auction, and the owner other than a lessor is deemed to have consented to the retention of the vehicle for public purposes as provided in § 25-207 of this subtitle.

This section applies to any vehicle sold by a police department of Baltimore City, Prince George’s County, Montgomery County, or a municipal corporation in Prince George’s County or Montgomery County under this subtitle as an abandoned vehicle, and to any vehicle sold pursuant to an ordinance of the Mayor and City Council of Baltimore, an ordinance or local law enacted by Prince George’s County or Montgomery County, or an ordinance enacted by a municipal corporation in Prince George’s County or Montgomery County governing vehicles that are: Abandoned and unclaimed; Reported stolen, recovered, and subsequently unclaimed; or Involved in an accident, removed by police, and subsequently unclaimed. If the money collected from the sale of a vehicle subject to this section is not enough to reimburse a police department or its agent for the costs of towing, preserving, and storing the vehicle and for the expenses of sale, including all publication and notice costs, the last registered owner shall be liable to the police department or its agent for the deficiency. For purposes of this subsection, the costs chargeable to an owner for the preservation and storage of a vehicle may not exceed $300. If a vehicle subject to this section is transferred by the registered owner after it has been towed or impounded and before its sale at auction, and the transferee is given a copy of the notice required under § 25-204 of this subtitle, by the transferor or by the towing or impounding agency, then the transferee shall be liable for the costs provided by this section. The liability provided by this section does not apply to the registered owner of a vehicle who has made a bona fide sale or gift of the vehicle to another person prior to its being towed or impounded. The registered owner has the burden of showing that a bona fide sale or gift of the vehicle has occurred. The liability provided by this section does not apply in any case in which notice as required by § 25-204(c) of this subtitle has not been provided.

The Administration may not renew the registration of any vehicle subject to this section if it is notified by a police department of Baltimore City, Prince George’s County, Montgomery County, or a municipal corporation in Prince George’s County or Montgomery County that the applicant has failed to satisfy a liability arising under § 25-206.1 of this subtitle to the police department or its agent. The restriction provided by this section shall apply to all vehicles registered to the applicant at the time that notification is made by a police department as provided in subsection (a) of this section. The restriction provided by this section may not apply solely to those vehicles provided for under § 25-206.1 of this subtitle. The Administration shall continue to refuse an application as required by subsection (a) of this section until it is notified by the police department that the applicant is no longer subject to the restriction imposed by this section. The penalty provided in this section does not apply to the registered owner of a vehicle who has made a bona fide sale or gift of the vehicle to another person prior to its being towed or impounded. The registered owner has the burden of showing that a bona fide sale or gift of the vehicle has occurred. The penalty provided by this section does not apply in any case in which notice as required by § 25-204(c) of this subtitle has not been provided. The Administration shall adopt procedures by which a police department shall notify it of any restriction or rescission of a restriction under this section on a person’s ability to register or transfer the registration of a vehicle. The restrictions and procedures provided by this section are in addition to any other penalty provided by law for the abandonment of, or failure to reclaim impounded vehicles.

Except as provided in subsection (e) of this section, if an abandoned vehicle is not reclaimed as provided for in this subtitle, the police department shall sell the vehicle at public auction. The buyer of the vehicle at auction: Takes ownership of the vehicle free and clear of any claim of ownership or lien of any other person; Is entitled to a sales receipt, on a form that is approved by the Administration, from the police department; Is entitled to obtain a salvage certificate for the vehicle; and May obtain a certificate of title under § 13-507 of this article. The sales receipt, on a form that is approved by the Administration, is sufficient title for transferring the vehicle to an automotive dismantler and recycler or scrap processor for dismantling, destroying, or scrapping, in which case, a certificate of title is not required. Except as otherwise provided in this subtitle: From the proceeds of the sale of an abandoned vehicle, the police department shall reimburse itself for the costs of towing, preserving, and storing the vehicle and the expenses of the auction, including all notice and publication costs incurred under this subtitle; and Any remaining proceeds of the sale shall be held for 90 days for the owner of the vehicle and any entitled secured party, after which the remaining proceeds revert to: The treasury of the county in which the sale was made; or In the case of a municipality that conducts the sale, the treasury of the municipality. After satisfying the requirements for obtaining a certificate of title for an abandoned vehicle under § 25-207.1 of this subtitle, a police department may retain and use the vehicle for public purposes without any further notice or consent of the owner other than a lessor as provided in paragraph (2) of this subsection. If there is a secured party with an interest in the vehicle as shown on the records of the Administration, the police department may not retain the vehicle for public purposes without the written consent of the secured party. If the vehicle is owned by a lessor under a lease not intended as security, the police department may not retain the vehicle for public purposes without the written consent of the lessor. A vehicle retained for public purposes under subsection (e) of this section: May be dismantled or disassembled for the purpose of using its component parts; and When no longer usable for public purposes, may at the discretion of the police department, without further notice, be sold at public auction as provided in this subtitle or transferred by the police department to a scrap processor licensed under § 15-502 of this article.

This section applies to any vehicle: Which is impounded by a police department either as abandoned or pursuant to other State or local law; From which the engine or vehicle serial number has been removed or defaced; and Of which neither the owner nor any secured party can be identified from records of the Administration or other reasonable steps taken by the police department. The police department on whose authority the vehicle was impounded may apply to the Administration for an assignment of an identification number under §§ 13-106.1 and 14-107 of this article. The police department on whose authority the vehicle was impounded may apply to the Administration for a certificate of title to a vehicle, and shall submit as evidence of ownership: A copy of the return receipt or certified mail notice returned as undeliverable, received under § 25-204 of this subtitle; or A copy of the notice published under § 25-205 of this subtitle. Notwithstanding the provisions of § 25-207 of this subtitle, the police department, after satisfying the requirements of subsections (b) and (c) of this section, may retain and use the vehicle for public purposes. Any vehicle retained for use under this section: May not be dismantled or disassembled for the purpose of using its component parts; and When no longer usable for public purposes, shall be transferred by the police department to a scrap processor licensed under § 15-502 of this article.

In this section, “abandoned” means abandoned in a garage, as described in § 25-201(b)(4), (5), or (6) of this subtitle. A garage keeper shall report any vehicle abandoned in the garage to the appropriate police department. Any garage keeper who fails to report the vehicle within 10 days after it becomes abandoned no longer has any claim for servicing, storage, or repair of the vehicle. The police department may take the abandoned vehicle into custody and sell it in accordance with the procedures set forth in this subtitle, unless: The vehicle is reclaimed by the owner or secured party; and The garage keeper is paid. As to the proceeds of the sale: They shall be applied, first, to the garage keeper’s charges for servicing, storage, or repair; and Any surplus proceeds shall be distributed in accordance with § 25-207(d) of this subtitle. This section does not impair any: Lien of a garage keeper under the laws of this State; or The right of any secured party to foreclose.

A person who owns a vehicle, on whose property is found an abandoned vehicle, or who has lawful, documented possession of a vehicle for which the certificate of title is defective, lost, or destroyed, may apply to a law enforcement agency for the jurisdiction in which the vehicle is located for authority to transfer the vehicle to an automotive dismantler and recycler or scrap processor. The application shall be made under penalty of perjury and shall include: The name and address of the applicant; The year, make, model, and vehicle identification number of the vehicle, if ascertainable, and any other identifying features of the vehicle; A concise statement of the facts about the abandonment of the vehicle or the loss, destruction, or defect of the certificate of title of the vehicle; and An affidavit stating that the facts alleged in the application are true and that no material fact has been withheld. If a law enforcement agency finds that the application is executed in proper form and shows either that the vehicle has been abandoned on the property of the applicant or, if the vehicle is not abandoned, that the applicant appears to be the rightful owner, the law enforcement agency may: If the applicant appears to be the rightful owner, approve the request on verification of the information in the application; or If the application is made by a person other than the rightful owner, follow the notification procedures of §§ 25–204 and 25–205 of this subtitle. If the applicant submits with the application documentary proof that the notification procedures of §§ 25–204 and 25–205 of this subtitle already have been complied with, the law enforcement agency shall accept the document as proof of compliance and the agency is not required to provide this notification. If an abandoned vehicle is not reclaimed in the time required by this subtitle or notice has already been provided to the owner and any secured party, the law enforcement agency shall give the applicant a certificate of authority to transfer the vehicle to: Any automotive dismantler and recycler for: Dismantling, destroying, or scrapping; or Salvaging as authorized under § 13–506 of this article; or Any scrap processor for dismantling, destroying, or scrapping. The automotive dismantler and recycler or scrap processor shall accept the certificate of authority instead of the certificate of title of the vehicle. The automotive dismantler and recycler may apply for a salvage certificate as provided in § 13–506 of this article. A person may not knowingly make a false statement on an application for a certificate of authority under this section. A person who violates subsection (e) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.