2003 -- S 0552

=======

LC02362

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

____________

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ABANDONED VEHICLES

     Introduced By: Senators Paiva-Weed, and Walaska

     Date Introduced: February 13, 2003

     Referred To: Senate Commerce, Housing & Municipal Government

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 31-42-1 and 31-42-5 of the General Laws in Chapter 31-42

1-2

entitled "Abandoned Motor Vehicles" are hereby amended to read as follows:

1-3

     31-42-1. Definitions. -- (a) "Abandoned motor vehicle" means a motor vehicle that is

1-4

inoperable and over eight (8) years old and is left unattended on public property for more than

1-5

forty-eight (48) hours, or a motor vehicle that has remained illegally on public property for a

1-6

period of more than three (3) days, or a motor vehicle that has remained on private property

1-7

without the consent of the owner or person in control of the property for more than three (3) days.

1-8

      (b) "Abandoned motor vehicle of no value" means a motor vehicle that is inoperable and

1-9

over ten (10) years old and is left unattended on public property for more than forty-eight (48)

1-10

hours, or a motor vehicle that has remained illegally on public property for a period of more than

1-11

three (3) days, or a motor vehicle that has remained on private property without the consent of the

1-12

owner or person in control of the property for more than three (3) days, and meets the following

1-13

criteria:

1-14

      (1) The vehicle has no evidence of current registration in or upon the vehicle;

1-15

      (2) The vehicle has a fair market value of five hundred dollars ($500) or less; and

1-16

      (3) The vehicle does not have a valid inspection sticker.

1-17

      (c) "Demolisher" means any person whose business is to convert a motor vehicle into

1-18

processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles.

1-19

      (d) "Police department" means the police department of a city or town.

2-1

      (e) "Unlicensed junkyards" means any establishment or premises which are used for the

2-2

storing, keeping or accumulation of one or more inoperable, worn out, junked, or otherwise

2-3

discarded motor vehicles, which establishment or premises do not have a license as an auto

2-4

wrecking and salvage yard.

2-5

      (f) "Vehicle survey report" means a report printed in the following form:

2-6

     31-42-5. Garage keepers and abandoned motor vehicles. -- (a) Any motor vehicle left

2-7

for more than ten (10) days in a commercial garage, operated for commercial purposes auto body

2-8

shop, motor vehicle repair shop, parking place establishment, motor vehicle storage facility or

2-9

any other establishment charging per diem storage for motor vehicles shall be deemed an

2-10

abandoned vehicle and shall be reported by the garage keeper to the police department if: (1) the

2-11

vehicle is left for more than ten (10) days after notice by registered mail, return receipt requested

2-12

to the owner to pick up the vehicle, ; or (2) the vehicle is left for more than ten (10) days after the

2-13

period when, pursuant to contract, the vehicle was to remain on the premises,; and any motor or

2-14

(3) the vehicle is left for more than ten (10) days in the garage by someone other than the

2-15

registered owner or left by a person authorized to have possession of the motor vehicle, shall be

2-16

deemed an abandoned vehicle and shall be reported by the garage keeper to the police

2-17

department.

2-18

     (b) Any garage keeper who fails to report the possession of the vehicle within ten (10)

2-19

days after it becomes abandoned within the meaning of this section shall no longer have any

2-20

claim for storage of the vehicle.

2-21

      (b) (c) All abandoned vehicles left in garages may be taken into custody by the police

2-22

department and sold in accordance with the procedures set forth in this chapter unless the motor

2-23

vehicle is reclaimed and the garage keeper is paid. The proceeds of the sale shall be first applied

2-24

to the garage keepers' charges for storage and any surplus proceeds shall be distributed in

2-25

accordance with section 31-42-4. Except for the termination of a claim for storage for failure to

2-26

report an abandoned motor vehicle, nothing in this section shall be construed to impair any lien of

2-27

a garage keeper under the laws of this state, or the right of a lienholder to foreclose.

2-28

      (c) (d) For the purposes of this section, "garage keeper" means any operator of a an auto

2-29

body repair shop, motor vehicle repair shop, garage, parking place establishment, or motor

2-30

vehicle storage facility or any other establishment charging per diem storage for motor vehicles.

2-31

     SECTION 2. This act shall take effect upon passage.

=======

LC02362

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ABANDONED VEHICLES

***

3-1

     This act would broaden the definition of “abandoned motor vehicle” to include newer

3-2

vehicles and would also broaden the definition of “garage keeper” to include any establishment

3-3

charging per diem for the storage of motor vehicles.

3-4

     This act would take effect upon passage.

=======

LC02362

=======