An Act To Amend Maine's Abandoned Vehicle Laws
Maine Legislature, Session 123, LD 0666
Committee: Transportation
Sponsors: FISHER
Amends: 29-A MRSA §1851, 29-A MRSA §1852, 29-A MRSA §1854, 29-A MRSA §1856, 29-A MRSA §1857, 29-A MRSA §1858, 29-A MRSA §1861, 29-A MRSA §1862, 29-A MRSA §1863

Legislative Document 
No. 666 
H.P.SIS 
House of Representatives, February 8, 2007 
An Act To Amend Maine's Abandoned Vehicle Laws 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative FISHER of Brewer. 
PrmteJ on rel:ydeJ paper 
7J1~ 
1J7.17!ac~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of MaiRE'as follows: 
Sec. 1. 29-A MRSA §1851, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
2; Towed because illegally parked or left standing or at officer's discretion. 
Towed pursuant to section 2068 or 2069 or at the direction of a law enforcement officer; 
Sec. 2. 29-A MRSA §1852, as amended by PL 1999, c. 137, §I, is further 
amended to read: 
§1852. Abandonment defined 
For the purposes of this subchapter, a vehicle is considered "abandoned" if the owner 
or lienholder does not retrieve it and pay all reasonable charges for towing, storing and 
authorized repair of the vehicle within +41 days after the ~ 
notices to the owner and 
lienholder are sent by the Secretary of State or +4 1 days after the advertisement is 
published as required in section 1854, subsection 4. The last owner of record of a motor 
vehicle found abandoned as shown in the files of the office of the Secretary of State is 
deemed to be the owner of the motor vehicle at the time it was abandoned and to be the 
person who abandoned it. 
Sec. 3. 29-A MRSA §1854, sub-§l, as amended by PL 1999, c. 137, §I, IS 
further amended to read: 
1. Notification in writing. The owner of the premises where an abandoned vehicle 
is located or the owner's agent shall notify the Secretary of State that the owner or the 
owner's agent is in possession of an abandoned vehicle. The notification must be in 
writing and on a form provided by the Secretary of State. 
Sec. 4. 29-A MRSA §1854, sub-§2, as amended by PL 1999, c. 137, §I, IS 
further amended to read: 
2. 
Contents of notification. This notification must include the vehicle's make, 
model, year, body type, vehicle identification number and any registration and plates on 
the vehicle. This notification also must include the date the vehicle came into possession 
of the owner, the owner's agent or person in charge of the premises where the vehicle is 
located, under what circumstances the vehicle came into that person's possession and 
whether the vehicle is salvage. 
Sec. 5. 29-A MRSA §1854, sub-§4, ~, as amended by PL 1999, c. 137, § I, is 
further amended to read: 
B. 
State that if the owner of the vehicle or lienholder has not properly retrieved it 
and paid all reasonable charges for its towing, storage and repair within +4 1 days 
from the publication, ownership of the vehicle will pass passes to the owner of the 
premises where the vehicle is located; and 
Sec. 6. 29-A MRSA §1856, sub-§l, as amended by PL 1999, c. 137, §3, IS 
further amended to read: 
1. 
Evidence of compliance. 
A person who has complied with section 1854, 
subsection 4 shall present evidence of compliance to the Secretary of State immediately 
after the +4--6ay 7-day notice period. The Secretary of State may not issue a letter of 
ownership or certificate of title until at least J.() 12 days after the date on which the person 
who has possession of and control over the vehicle notified the Secretary of State by 
. complying with section 1854, subsections I and 2. 
Sec. 7. 29-A MRSA §1857, as amended by PL 1999, c. 137, §3, is repealed and 
the following enacted in its place: 
§1857. Limits 
Storage and towing charges with respect to an abandoned vehicle under this 
subchapter must be reasonable. 
Sec. 8. 29-A MRSA §1858, as amended by PL 1995, c. 65, Pt. A, §103 and 
affected by Pt. A, § 153 and Pt. C, § 15, is further amended to read: 
§1858. Abandonment of vehicle on public way 
Abandonment of a vehicle on a public way is a traffic infraction. A person who is 
found to have abandoned a vehicle under this section is responsible for any towing or 
other charges that are directly related to the abandonment of the vehicle. 
Sec. 9. 29-A MRSA §1861 is enacted to read: 
§1861. Clarify current law about holding vehicle and its accessories 
A person holding or storing an abandoned vehicle, holding or storing a vehicle towed 
at the request of the vehicle's operator, owner or owner's agent or holding or storing a 
vehicle stored at the request of a law enforcement officer is permitted to hold the vehicle 
and all its accessories, contents and equipment, not including the personal effects of the 
registered owner, until all fees are paid. 
For purposes of this section, "personal effects" includes medications, medical 
equipment, clothing. mail, child safety seats and similar items. Except for child safety 
seats, items attached to the vehicle and business equipment, machinery and tools are not 
considered personal effects. 
Sec. 10. 29-A MRSA §1862 is enacted to read: 
§ 1862. Loss of driver's license and registration 
If a vehicle is abandoned, the Secretary of State shall suspend the owner's driver's 
license or that person's right to operate a motor vehicle in this State and that person's right 
to register a motor vehicle upon certification by the person towing, holding or storing th~ 
vehicle that not all toviing, recovery. storage and related fees have been paid in full. If 
I 
the registered owner is not an individual, the owner's right to register a motor vehicle in 
this State is suspended. 
If the owner is involved in the transporting of freight, 
merchandise, household goods or passengers for hire, the owner's operating authority 
pursuant to chapter 5, subchapter 2 is suspended. The suspensions remain in effect until 
satisfactory proof of payment is received by the Secretary of State. For pumoses of this 
section, the last owner of record, as shown by the Secretary of State's records, is deemed 
to be the owner of the vehicle at the time it was abandoned. If the vehicle is towed or 
impounded at the request of a law enforcement officer in connection with· a traffic 
infraction, civil violation or criminal violation by the operator, the Secretary of State shall 
suspend the operator's driver's license and that person's right to register a motor vehicle 
I I 
upon certification by the person towing, holding or storing the vehicle that not all towing, 
recovery, storage and related fees are paid in full. The suspensions remain in effect until 
satisfactory proof of payment is received by the Secretarv of State. 
Sec. 11. 29-A MRSA §1863 is enacted to read: 
§1863. Impound; additional fees 
If a vehicle is towed at the request of a law enforcement officer and was used in the 
commission of a crime. the person towing and storing the abandoned vehicle is entitled to 
receive an impound fee not to exceed $250. One half of the fee must be paid over to the 
Secretary of State for the Secreta,,' of State's use. 
SUMMARY 
This bill clarifies who may initiate the towing of a vehicle and who is the owner of an 
abandoned vehicle. The bill clarifies that not only the owner of the premises where an 
abandoned vehicle is located but also the owner's agent may initiate and sign a 
notification to the Secretary of State indicating that the owner or owner's agent is in 
possession of an abandoned motor vehicle, 
The bill shortens the period of time for 
retrieving the abandoned property from 14 days to 7 days. The bi II also shortens the time 
that the Secretary of State has to wait to issue a certificate of title from 30 days to 15 
days. The bill changes the standard and the limits on towing charges. The bill defines 
the term "personal effects." The bill requires the Secretary of State to suspend the license 
or right to operate and right to register a motor vehicle of the person who has abandoned 
the vehicle until the fees for the towing. holding or storing of the vehicle arc paid,