2013 Maryland Code
TRANSPORTATION
§ 25-206 - Effect of failure to reclaim vehicle

§25-206.

(a) 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.

(b) 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.

§ 25-206 - 1. Liability for costs of preservation and storage of vehicle

(a) Application. -- 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:

(1) Abandoned and unclaimed;

(2) Reported stolen, recovered, and subsequently unclaimed; or

(3) Involved in an accident, removed by police, and subsequently unclaimed.

(b) Costs chargeable to owner. -- 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.

(c) Costs chargeable to transferee. -- 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.

(d) Exception; bona fide sale or gift. -- 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.

(e) Notice required. -- 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.

§ 25-206 - 2. Restrictions on vehicle registration for liability incurred under § 25-206.1

(a) In general. -- 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.

(b) Application. --

(1) 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.

(2) The restriction provided by this section may not apply solely to those vehicles provided for under § 25-206.1 of this subtitle.

(c) Administration to continue to refuse application. -- 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.

(d) Exceptions; bona fide sale or gift. -- 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.

(e) Notice required under § 25-204(c). -- 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.

(f) Administration to be notified. -- 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.

(g) Restrictions in addition to other penalties provided by law. -- 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.