2016 Delaware Code
Title 21 - Motor Vehicles
CHAPTER 69. REMOVAL OF MOTOR VEHICLES FROM PUBLIC HIGHWAYS BY POLICE
§ 6902. Notification to owner of removal of vehicle; disposal of removed vehicle.
(a) Anyone rendering services under this chapter or Chapter 44 of this title has the right to detain the vehicle or motor vehicle rendered services to, about or for, to secure the payment of such services and shall have a lien upon said vehicle or motor vehicle.
(b) The lienor shall, by certified mail, return receipt requested, notify the lienee of the towing charges and, if compensation for storage is claimed, the per diem rate of storage charges, and a statement that the lienee must pay such charges on or before the date mentioned in the notice, said date not to be less than 15 days from service thereof. Notice shall be sent to last known address of the lienee and secured party. If the identity of the last registered owner or secured party cannot be determined with reasonable certainty, the contents of the notice set forth in this subsection shall be published 1 time in the newspaper of general circulation in the area where the vehicle was removed. The notice may contain multiple listings of removed vehicles. Notice by publication locally shall be the responsibility of the lienor. The notice shall have the same effect as notice sent by certified mail.
(c) The lienor may, after the expiration of 15 days from date of notification, request the Division of Motor Vehicles to schedule a hearing to determine the intentions of the registered owner and/or secured party as to the disposition of said vehicle.
(1) Upon receiving such request the Division of Motor Vehicles shall, by certified mail, notify the owner of record if known and each secured party as shown on the records of the Division of Motor Vehicles of the date and time of the hearing and the right to be present and contest said proposed disposition of such vehicle.
(2) The hearing officer of the Division of Motor Vehicles shall notify the lienor and the Delaware State Police Auto Theft Unit of the date and time of the hearing.
(3) If identity of the last registered owner and of all secured parties cannot be determined with reasonable certainty the Division of Motor Vehicles shall notify the Delaware State Police Auto Theft Unit.
(4) The nonappearance of the owner and/or secured party at the scheduled hearing is:
a. A waiver of all rights, title, interest in the vehicle; and
b. A consent to dispose of the vehicle.
(5) The hearing officer shall determine the disposition of the vehicle if there is no objection at the hearing and shall certify that all applicable regulations of the Division have been met. The owner and/or secured party shall have 15 days from the date of the hearing with the Division of Motor Vehicles to appeal such disposition of said vehicle to the Director of Motor Vehicles. If after 15 days the owner and/or secured party has not filed an appeal to the Director of the Division of Motor Vehicles, the Division of Motor Vehicles shall issue a salvage certificate of title to the lienor.
(6) If, however, the owner and/or secured party objects to the disposition of the vehicle at the hearing, further proceedings by the Division of Motor Vehicles shall cease and all parties will be notified of their right to file with a court of proper jurisdiction to seek judicial disposition.
61 Del. Laws, c. 247, § 2; 70 Del. Laws, c. 186, § 1.;
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