EXPLANA7'ORY NOTE 
Ahaiitloiied and tlerclict motor vehicles are ntiisances. They obstrocl the h.ce flow of 
traffic on tlie street on wliich they lay abandoned. They prevent the Ti-ee ingress aiid egress ol'rzal 
property owners when they are lefl unallended in f h t  of driveways arid gates. They prevciit the 
free use orreal properly wlien lliey are clumped and abandoried on the sainc. They are a source or 
lost iiicoine to aulomobile repair, towirrg and storage facilities a 4 4 m  their uiviiers abscond. 
'This bill seeks to protect the public froin the poteiitial harm tlrat may beMl tliein as a 
resiilt ofabaiitloned and dcrelicl inotor vehicles. 
IRIAM DEF d - b p  
SOR SANTIAC 


___--- 
___. 
lntrod ticed by Senator Miriam DeTensor &intiago 
___ 
AN ACT 
GOVERNING ABANDONED MOTOR VEHICLES 
AND DERELICT MOTOR VEHICLES 
SECTION 1 .  ,Thor.t Tide, - This Act shall be known as the “Ahandoiied Motor Vehicle 
Act of 2006”. 
SECTION 2. Dec/nr.atio/i of Policy. - It is the policy of the State to promote !he gciicral 
welhre ol‘tlie people. Pursualit to this policy, this Act seeks to create a law goveniing abandoned 
motor vehicles aiid derelict iiiolor vehicles. 
SECTION 3. Defir/ition of Terms. --For purposes of this Act: 
(A) “Ab;iiitloiicd motor vehicle” means a motor vehicle or trailer and its contents: 
(1) Which has been left by the owner or some pel-son acting for the owlier with an 
aiitomobile dcalcr, or my autoiiiobile repair hci lity Tor repair oi for somc 
olhcr reasoli and has no1 becii called for by such owner or other persorl within 
a period of thirty (30) days alter the time agreed upoii; or within 30 days aller 
such vehicle is turiied over to such dcalcr, or auloiiiobili: repair facility when 
no time is agreed upon; or within thirty (30) days after the completion ol‘ 
necessary repairs; 
(2) has bceii left by the owiicr or soiiie person acting [or tIic ovi.iicr with a towing 
and storagc facility Tor a period oT not lcss tliaii thirty (30) days witliout 


anyolie Iiaviiig paid all reasoliable ctirrcnl cliaxges lor such towing and 
storage; 
(3) Which lias beeii lawhilly towed to an automotive storage facility at thc requesL 
ofa jaw eiilbr&iieiil officer and IeR there for a period ol‘not less than 30 days 
without anyon3 having paid all reasonable cui-reo1 charges for such towing 
arid storage; 
(4) Which has bJ6n lawfiilly towed from private propcrty to ai automotive 
storage facility at the request of a property owner or person acting for the 
properly owiic%’aiid IcR there for a period of IIOI less than tliirly (30) days 
without aiiyoiiJ having paid all reasonable cui-rent charges Cor such towing 
and slorage; 
(5) Which was behg stored by agreemeiit for an insurance conipaiiy providing 
insura1lce to cover damages to the vehicle and was lcll for a period of not less 
tliaii thirty (30) days past the agreed upon date. 
(B) “Derelict motor vehicle” means any motor vehicle which has been lell unatlcndcd on 
private property [or not less than LWO (2) days or on public property for not less than 
three (3) days without the owner or driver niiiliing any attciiipl to recover such vcliicle 
or to leave a cotispicnoasly placed note thut such owner or di-ivcr intends to return for 
sticli vehicle. It shall also include any inolor vehicle which, il‘a conspicuous note was 
left, hus been left uiiattended Cor not less than five (5) days and il‘because or damage, 
vandalisin, theit, or fire the vehicle is dariiagcd fo the extent that its ~cstontlio~~ 
to a11 
operable codition would requil-e the rcplaceiilenl or one or mol-c major componcnl 
parts or involves ally structural ciainage tliat would aflect the safcty olthe vehicle. 
The term shall not include a vehicle which does riot bear a niaiiukturer’s vehiclc 
itlen~ificatioii ~icirnb~r 
plate or a vehicle itlentificalion auinlicr plate assigiml by the 
Land ‘Transportation Office. 
(C) “Motor vehiclc” or “vehicle” iiieaiis a motor veliiclc or trailer and its contmls 


(D) “Owiici-” o i ‘  “ o w ~ i c ~ ”  
means the registered owner, the owiicr as rccorded on the tille, 
Icssor, lessee, sccm-ity iiitcrcst lioldcrs, atid all lieniiuldcrs as sliowii 011 the rcco~~ls 
0 1  
the 1,aiid ‘Transpoi-tation Office; 
(E) “Uiiaiiciicled vehicle check” shall consist of‘sudi actions as are reasonably necessary 
to deteriiiine that the nnatleiided vehicle does not contain an inj tired or incapacitated 
pcrsoii and lo tletemiiiic that the arlattendcd vehicle docs not pose a theat to public 
healll1 or safety. 
SECTION 4. Dzit~i ofPecice OfJicer to PeL‘yfiiriii nil Uritrtteniled Vehicle Check. - It shall 
be tlie duty of any peace officer who discovers a motor vehicle wliicli has bcen leIi unatkutled 
on a public street, road, or highway or other public property to iinrnetiiately perform an 
uiiatteiided vehicle chcck on sticli motor vehicle,  inl less tliet-c is displayed oil stich motor vehicle 
an ui~~ttended 
vehicle check card indicating that aiiolher peace ofliccr has already performed 
such an iinaltcudcd vehicle check. 
SEC1’ION 5. Reiimvtrl ojmi Ahrrndoticd A4ootor Veliiclc by n Pence or Lnw /i@rrenicnt 
OJficer, A~ny p i c e  officer wlio liiads a iiiolor vehicle which has becii leti unattendcd on a piiblic 
street, road, or Iiighway or other public property for a period of at least live (5) days shall be 
authorized to came such motor vehicle to be removed to a garage or other place of safety, ilsucti 
peace officer reasoiwbly believes that the pelsoti who lefi such motor vehicle unattc!lded does 
not iiiteiiil to return atid remove such motor vehicle. 
Any law enfoi-ccmcnl ol‘ticer wlio linds a motor vcbiclc wl~ich has been left trnatlcnded 
on tlii, state highway system shall be authorized to came SLIC~I motor vehicle Lo be removcd 
iiiiincdiatcly Lo a gauge or other place ofs;tfdy whcn such motor vehicle poses a thveat to public 
Iieallh or sikty or to niitigate congestion. Any peace officer who finds a motor vehicle wliich 
has been left uiiatleiided on a public street, road, or highway or ollicr public property, olher t l m  
tlie state highway system, sliall be authorized ililniediately lo cause such niotor vdiiclc to be 
removed iii~iiiediately to a garage or other place of safety when such iiiotor vchicle poses a threat 
to public health or safcty or to mitigate congestion. 


SECTION 6. J'osse.sso~y Licjr .~ Any persoil or fiicilily who Icgi~lly tows, h q ) o r f s ,  or 
stores any motor veliicle sliall have a possessory lien on tlic vehicle. ?'he lie11 shall ren1aitl in 
effect while the motor vehicle is in the possession of the person or facility a11d is limited LO 
reasonable towing and stovage kes, plus iioti fication, advertisement, or disposal costs where 
applicable. Such lien shall include vchicle contents with the followiiig exceptiolls: presci-iptioli 
drugs or eyewcar, child passenger restraining system, house keys, and personal doctnnenkitioii 
such as birth or death records. This lien altaches wlieii the person or lacility acts: 
(A) Under a contract with tlie owner or someone representing the owner; 
(B) At the direction o r a  law enforcement officer; or 
(C) At the direciioii of an owner or lessor, or a person aulliorized by tlie owner or lessor, 
of private property on which such vehicle is wrongfully located, and tlie vehicle was 
removed iii accordance with Section 5. 
SECTION 7. Duty ojPe/..soti or Facilily d i i c l ~  
Stores the Ahl/dopied Motor Vehicle. .- 
Any person or hcility who stores a motor veliicle that was removed fiom public or private 
property at thc rcquest of sonieorit other than the vehicle owner or some person acting for the 
owner shall notify iii writing a IoOd law eiiforcenicrit agency or the locntioii of the vchicle, the 
manufacturer's ve~iic~e 
idcntilicadoii number, license iiuinber, iiiocIe1, year, atid inalte of t ~ i e  
vehicle within thee business days of the removal of such vehicle and shall scek lioiii tlrc local 
law enrorcemcnt agency ~Iic iduidty and address of all knowri OWIICI'S of sticli vcliicle, aid any 
inforuiatioii iiiilicating t~iat sucli trcliicle is a stolen nioior veliicle. Tlie local law cnfoi-cement 
agency shall hi-iiish such iiifoiination to tlie person or hilily storing siich veliicle witlii~i tliree 
business days allex rcceipt o€sucIi request. 
When any motor vehicle is removed uiider conditions set forlli in Section 5 of this Ad, 
tlie pcrsoii or facility storing such motor vehicle shall, within seven (7) busiiicss days of the day 
such motor veliicle was removed or one business day after tlie information is riiriiislied to the 
storer pursuant to Paragraph 1 of' this Section, wliichever is later, notify all owiicrs, if luiowii, by 
written acknowlcdgmeiit signed thereby or by certified or registered mail 01- statutory wmiglit 


tlclivcry, or tlic lotidioii OT w c l i  niotoi vcliicle, llic hes conncclcd with removal a ~ ~ d  
siorage ol 
SIN !I iiwtor vehicle, and the fact that such motor vehicle will be dccii~ctl abandolled [i~~dcr 
tliis 
chapter unlcss the owner, security iiitcrest holder, or lie~iliolder redeems such niotor veliicle 
witliiii 30 days of llie day such vehicle was removed. Further, such notifitiaiioli sl~all not be 
required if the veliicle is being rCpaired by a repair Facility or being stored at tlic requesl of tlre 
vehicle owner or soiiieoiie actirlg loor [lie owner or an insuratice company that is providing 
insuraiice to cover daliiages to tlie’veliiclc. No such iioticc or written demand shall be rcquired if, 
after a good hiih effort, the identity orthe owner caiinot be ascerlainetl. 
I 
IC iioiic of tlie owncrs redeems such motor vehicle iis described in Parilgfiipll 2 of this 
Section, or if ii vehicle being repaired by it repair facility UT being storcd at the request or the 
vehicle owner or someone acting Tor the owner 01- by an insurance company that is providing 
iiisurance to covcx daiiiages to the vehicle becomes abandoned, the persoil or fxility storing siich 
motor vehicle shall, within seven business days or the day such vehicle became an abandomd 
motor vehicle, give notice iri writing, by sworn slatement, oii the form prescribed by. h e  
Chairman of the Land ‘Iraiisportation Oflice, staling the inaiiufachrrer’s vcliicle identific&xi 
number, (lie license iiuml)er, the fact that such vehicle is an abaiidoiied uiotor vehicle, Uic iuotlel, 
year, and make of the vehicle, the date tlie vchicle became an abandoned motor vehicle, tlic date 
the vchicle was reiiioved, and the prcsent location of‘ such vehicle aiid requesting tht: name aiid 
address of all owners of siich veliicle. If the form subinitled is rejected bccause of inaccurate or 
iiiissiiig iiilbrmation, the person or facility storing the veliiclc shall rcstibmit, within sever1 
business clays of (lie dare orthe rejection, a cor-rectcd riolice form. 
If tlic ideiility of the owners or such motor vehicle cannot be ascertained, the person or 
facility storing such vehicle shall place an advertiseiiiciif iri a newspnpcr uf’general circulation in 
the county where such veliiclc was obtaiirccl or, if tlicrc is: 110 iiewspapcr iii such county, shall 
post such advcrtiscmciit at the cotiiity courtliouse in such place where other public notices are 
posted. Such atlverlisement sllall riii in the iiewspaper once a week for two consecutive wceks or 
sliall rcmain posted at tlie courthouse Cor two consecutive weeks. Tlic atlvertisemeiit shall conlaiii 
a complete dcscription of llie motor vehicle, its license and manut:dctiireis vcliicle idcntilicatiou 
nuiiibers, [lie location fioiii where such vcliicle was iiiitially removed, the present localion of 


sucli vcliiclc, and Llic fact ilial such v~:iiclc is tlezrned abauJoned aiid shall bc disposed or if noi 
rc11ec111ed. 
Any person or facility storing a vehicle under Llic provisions of this Scctioli shall iiotify 
the L,antl Transportation Office if tl& vehicle is recovered, is claiiried by the owner, is 
deterniincd to be stolen, or for any reason is no l o i i g ~ ~  
an iibandoiicd iirolor vehicle. Such notice 
shall be provided williin seven (7) business tlaps ol'stich event. 
be S'toleu. - 1f any iiioLor vehicle ternoved uiider conditions scl forlh ia Section 7 or 111js Act is 
delemined lo be a slolcn motor vehicle, the local law cnforccmenl officer or agency shall 
iiniiiediately notify llie storage facility of stich tleteriiiinalioii, and provide lo such storage Pdcility 
ihl: iiaiiies and addresses of all &ners, if ascertairmble, and shall futtlier notify the Georgia 
Crime Iiiforiiiatioii Center ol' the location of such inotor vehicle witliin three (3) days after 
receiving notice that such motor vehicle is a stolen vehicle. 
SECTION 9. Proccduw /UT Foi.eclosure os Liem 
All liens acquired under sliall bc 
foreclosed as follows: 
(A) Any proceeding to foreclose a lien on an abandoned motor vehicle must be iiislitutcd 
within one yaw fi.0111 llic Lillie the lieii is recorded or is asserted by relention; 
(E) The person desiring to foreclosc it lien on an abandoned iiiotor vehicle sliall, by 
cwlificd or registered inail or statutory overnight delivery, inalcc a demand upon Lhe 
owliers lor (he payment of ihe reasonable fees for rciiioval and storage plus the costs 
of my notification or adverlisement. Such written clcinand sliall include an itemized 
statement of all charges and may be iiiade coiiciirreiit with the iiolice required by 
Sectioii 7, Paragraph 2 ol'this Act. Such dciiimd shall be iii;ide on a form prescribed 
by rule or regulalion 0' the Uepar'.tnictit of Traiisporatioii arid Commnuiiicalion and 
shall notify the owner of his or her right to a Iiearing to determine the validity of the 
licii. The dciiiantl sliall liirllier state that failure to I-elum the wriftcii dciiiand lo flie 
lien claiinant, file with a coiirl of competent jurisdiction a pelitioii for a jiit1ic;ial 


IiearIiig:, arid provide tlic licti claimant with a copy of such petitioii, all witliiii ten (10) 
days of dclivuy of ilie lien claiinant’s written deinaiid, sliall e f f d  a waivcr of ihc 
owner’s right to such a heariiig prior to sale. The form sliall also provide the 
suspected owner will1 thc option of disclaiming any ownership of the vcliicle, and his 
or her affidavit to that effcct shall control over anytliiiig contrary ill tlie records of LIE 
Land Transportation Office. No such written deniand shall bc required if the identity 
of the owncr cannot be ascerlained and the notice requireiiicnts of Section 7, 
I’aragraph 4 have been complied with. 
(C) if, williin ten days of delivery to the appropriale address of tlie written deiiiand 
required by Paragraph (B) of this Seclion, the owner or the abandoned iiiolor vehicle 
t:,lils to pay or lile with the conrt a petition fur a judicial hearing with a copy Lo t l ~ c  
lieii claiimnt in accordance with the notice provided pursuant to Paragraph (E), or if 
the owner of the iibancloned motor vehicle cannot be ascertained, the person or 
facility sloring tlic abandoned motor vehicle may foreclose such lien. l h e  person or 
facility asserting snch lien may move to foreclose by ~iiaking an affidavit Lo a court of 
co~.npetcnt jarisdiction, on a form prescribed by rule or regulation of the Land 
‘T‘raiq>oilatioii Oflice, showing all facts necessary to constilute such lien and the 
amoinit claiiiied to be due. The person or rricility foreclosing shall verify the 
stakxieiit by oath or affilirmation and shall affix his or her sigiiature thereto. 
(D) If no tiiiicly pclitioii for a hearing has been filed with a court or coinpetent 
jurisdiction, then, npoii such affidavits being filed by the lien clainiant pursuant to 
I’aragrapli (C) o l  tliis Section, the lien will coiiclusivdy be ileemed a valid iriic and 
for~closure illereof allowed; 
(E) If a pctilion for a hearing is filed with a court of competent jurisdiction within ten 
clays after delivery of the lien claimant’s deniand, a copy of which deniand shall be 
attaclicd to tlic petition, tlie court shall set sucli a hearing within ten (10) days of filing 
ofthe petition; 
(I;) Upon the filing of such petilioii by an owncr, neitlier ll~e lien clainiaiit iior the court 
may sell the niotor vehicle, altliougli possession of the motor veliicle may be retained 


by tlie lien claimant or obtained by the courl ill accordaim with the order of tlic courl 
wliicli sets the tliitc for tire bearing; 
(G) rc alter a full hearing, the couit finds that a valid tfebt exists, then the coort sllalf 
aulhorize foreclosure upon and sale of the iiiotor vehicle subject to ihe tier1 to satisfy 
tlic debt il'such debt is not otherwise inime:d~ately paid; 
(1-1) if the court finds the actions of the person or facility asserting h e  lien in rctairiilig 
possession of the inoLor vehiclc were not talcen iii good hith, then the court, in ils 
discrelion, iiiay award da~iiagcs to the owner, any party which has been depl-ived of 
the rightrIil nse of [lie vellicle, or the lessee due lo the deprivatioii of the use of the 
iriotor vcliicle; 
(1) 11' ail affidavit meeting tlic requirements of l'aragiapli (C) of' tliis Code section is filed 
arid no petition l i ~ r  a Iicar-ing is timely 1ilcc1, or if, after a full hearing, the court 
tleteniiines that a valid debt exists, the court shall issue air order authorizing the sale 
oi such mo1or vchicle. llowevcr, tlie holder of a security interest in or a lien on the 
vclricle, other than Lhe holder of a lien crcated by Section 6 ol' this Act, sliall have [he 
right, in the ordcr of priority of such security interest or lien, to pay the debt and court 
costs. If tlie holder of a sccurity inlcrest or lien does so pay the deb1 and court costs, 
he or she shaI1 fiavc the riglil to possession or the vehicle, and his 01- her seetilily 
iiitercst in or lien on such vehicle sliall be illcreased by {lie aiiionnt so paid. A court 
order shall be issiictl to this effect, and in this instance there sliall not be a sale or [lie 
vehicle; 
(J) l'lie p~~rcliascr 
at a sale as authorized in this article shall receive a ccutiG~il copy ortlic 
court order authorizing such sale. Any such purchaser may obtain a certificate of tille 
to such motor vehicle by filing the required application, paying the required f 
filing a certified copy of the order of the court with tlie 1,and 'I'ransportation Ol'fice. 
l'he I m d  'Traiispol-tai ion Office shall tlicn issol: a cei-tilicatc of title, wliicli shall be 
free and clear of all liciis and encuiiibraiices. 


SI~X’I’ION IO. I’rocetlLwe,/ii/~ Derelici hIotor Vehic1e.s. -- Derelict motor Vehicles slrall be 
dealt \villi iis lbllows: 
(A)If a iiiotor vehicle has bee11 lert unattended 011 private property for not I 
(2) two days or on public property for not less tlian tllrce (3) days without tl~c 
owner or driver malting ally attempt to recover such vehicle or to leave a 
conspicuously placcd tiole that such owiicr or driver iiitciids to retimi Lor such 
vehicle; or, iL a corispicrious note was left, if the motor vehicle has been left 
unattended Lor iiot less Uian five (5) days and if because of dainagc, vaiidalisin, 
theft, or firc the vcliiclc is damaged to the extcnt that its restoration to an operablc 
condition would require the Ieplacciiieiit of one 01- iiiwe major coiiipoiient parts or 
involves any ~[ructtiral llaniagc that wo~ild affect tlie safety of the vehicle; or if 
tlrere is evidence that the vehicle was illoperable due to major meclianical 
breulcdowii at the time it was left oii the property; or if the vehicle is seven or 
iiiorc pears old; or irtlie vchicle is not cuimitly tagged or is not verifiable by the 
state as to who is the curl-ent owner or lienholder of the vehicle; or if the vehicle 
11as becii abandoned to a wrecker service by an iiisuraiice company aiid the owner 
following tlie insurance company’s malting a total loss payment, tlieii any pcrson 
removiiig such vehicle shall within tlrree (3) busiiiess days of‘ removing such 
veliiclc obtain the identity of and atidrcss or the last known registcml OM’II~T of‘ 
the vehicle, the owner ortlrc vcliicle as recordcd on the ccrtiiicate of title ol‘ such 
vehicle, and m y  security interest holder or lieiiliolder on such vehicle fi-0111 the 
local law eiiforceiuent agency of the j iirisdictioii in which thc vchicle was located. 
(B) If the law ciiforcemcnt ageiicy shows no iiiforiiiation on the vchicle, tlicii ii 
reqticst lor siich inLomiation shall be suit to tlic Larid Traiisportalioti Office. 
Within tlirec (3) business days aRer obtaining such iiifoniiatioii. the person 
removing siich vehicle shall, by certified niail or statutory overnig1:llt delivery, 
return receipt requested, notify the registered owiier, title owner, and sccurity 
iiitcrest lioldcr or lieiiliolrler of the vehicle that such veliiclc will be tlecla~cd a 
derc~ict d c d l c  anci tile titie to suclr vcliicle will be canceled by tlic ~,:uid 


' I ' ~ : I I I s ~ ~ ~ ~ I ~ ~ ~ ~ ~ o I I  
OJIice ifsclcli pcrs011 or ~~crsoi~s 
fail Io respond witlli~i Len days 01 
rcccipt of sucli notice. 
(C) Upon deterniination that a vcliicle is a derelict motor vcliicle as provitied in 
Paragraph (A) of this Section, it nlay be disposed of by salc to a persol1 who 
scraps, clisniantles, or demolislies motor vehicles, providcd that such veliicle may 
be sold for scrap or par[s only and shall in no event be rebuilt or sold to the 
gencral public. Any person disposing of a derelict motor veliicle shall, prior to 
disposing of sucli vehicle, pliotograpli sucli vcliicle for a period of tliree ycars 
after its disposition. Such person sliitil also notify the Departmelit of Reveiiue of 
the disposition of such vchicle in sucli manner as may be prcscribcd by the 
Chaivnian of the Land Tramporbtion Office. It shall cancel the certificate ol' title 
for stlcli vcliicle and shall 1101 issue a rcbuilt or salvage title for such vcliicle. 
SECTION 11, Prohibited Act ~ozd Penalties tlrerejore. ~- Xie following arts are unlawful 
and shall be penalized as follows: 
(A) Any person or facility who fails to provide notice and information requircd by 
Section 7 of this Act shall be fined an arnounl of not inox than Ten l'housand 
h s o s  (P10,000.00) at the discretion of the court, taking into co~~sideration 
all 
attending circuinstances. 
(B) A fine of not more Lliat Five Tliousaiid Pesos (1'5,000.00) shall be imposed oil 
any person or fkility who luiowiiigly provides false or misleading iarormation 
w11cn providing any iiotice or iiifoniiation as required by Section 7 oftiiis ACL 
In adtlilion, to the penallies provided ill J'aragi-aplis (A) and (U), such 
persoi~ or facility shall not be eligible to contract with 01- serve on a rotation list 
providing wrecker scivices for tlie SLalc or any poliiical subdivision Illereof, and 
sliall not be licensed by any municipal ;iritliority to provide ~c~iioval 
of improperly 
parked cars for six nioiitlis and ~itilil legal disposition of all abandoned vehiclcs in 
that pcrson's or facility's possession. 


(C) AIIJ' pci8011 wlro iil~ritloils 3 derclicl motor vehicle OII piblic or privaie property 
sl~dl 
be li11ct1 ~II 
211ilotmt or not IIIO~C tlian Teii Tl~~tis~tnd 
Pcsos (l'6,OOO.OO) at tlic 
discretion of thc court, taltiiig into consideration all attendilig circun~stances and 
shall pay all costs of liaviiig such derelict niotor vcliicle removed, stored, a11d sold 
as provided for in Section 10. 
(D) Any person removing a derelict motor vehicle who hails to coinply with the 
requireinents or this Act or who kuowiugly provides Pdse or misleading 
inloriiiafion when providing any notice or iiiforiiiatioti required by Section 10 
sliall be liiietl an amount of not more than Five Tlionsand Pesos (P5,OOO.OO) at the 
discretion of the court, taking into consideration all attending circumstances 
SECTION 12. Linbility,/i,r Negligetzce, -- Any peace officer who, tinder Act, causes any 
iiiofor veliiclc to be rctnoved to an automotive storage facility shall be liable for gross negligence 
Any person or t o h t g  service that is instructed by a law enCorcc~~rcnt 
officer or an official 
of the Delmrtnrcnt of Transportation to rcinove vehicles and cargo that pose a threat to public 
lienltli or safety or to mitigate congestion shall be liable for gross negligence only. 
only. 
Neitlier the Stale 1101' any state agency nor the person temoving, storing, aiid processing 
the vehicle uiilcss rccklcssly or grossly negligent shall 1)c liable to llie owner of a vcliicle 
declared to be a n  ahlidotied motor vehicle or a derelict iiiotor vehicle. 
SFCTlON 13. Sepmubility Clnuse. - If any provision, or put liereof, is held invalid or 
unconstitutional, the rcinainder of the law or the provision not otherwise ail'ectctl sball reruaiir 
valid iiiid subsisting. 
SEC'TlON 14. dcpoliiry (bise. -- Any law, 111-esidcntial decree 01- issucliice, excculive 
order, letler of iiislmction, adiiiiuistl-ative onler, rule or regulation contrary to or iticoiisisteiit 
with the provisions of this act is hereby repealed, modified or aiiiendcd accordingly. 


Approved,