2009 Louisiana Laws TITLE 32 Motor vehicles and traffic regulation :: RS 32:1728.2 Procedure for disposal of junk vehicles

§1728.2.  Procedure for disposal of junk vehicles

A.  The provisions of this Section shall provide an alternate procedure for disposing of junk vehicles.

B.  Repealed by Acts 2001, No. 1097, §2.

C.  As used in this Section:

(1)  "Crush or dismantle" means to render the vehicle in such a state that it cannot be used or rebuilt for use as a motor vehicle.

NOTE:  Paragraph (2) effective until July 1 2010.  See Acts 2009, No. 435, §1.

(2)  "Junk vehicle" means a vehicle in such a state of deterioration that it cannot be profitably restored and has a fair market value of five hundred dollars or less.

NOTE:  Paragraph (2) as amended by Acts 2009, No. 435, §1, effective July 1, 2010.

(2)  "Junk vehicle" means a vehicle in such a state of deterioration that it cannot be profitably restored and has a fair market value of five hundred dollars or less by using the rough trade-in value shown in the most recent National Automobile Dealers Association Guide.

(3)  "Owner-operator" means a person or legal entity who owns or operates a business engaged in the towing or storage of vehicles, and has a vehicle licensed as a towing vehicle under R.S. 32:1716.

NOTE:  Subsection (D)(intro. para.) and Paragraphs (1) and (2) effective until July 1, 2010.  See Acts 2009, No. 435, §1.

D.  Each owner-operator who possesses a vehicle which meets the criteria set forth in Paragraph (C)(2) of this Section may crush or dismantle that vehicle at the expiration of thirty days from mailing of the notice, by certificate of mailing, provided the owner-operator satisfies each of the following requirements:

(1)  The owner-operator has complied with the provisions of R.S. 32:1719 and R.S. 32:1720.

(2)  The owner-operator has the vehicle physically inspected by a full-time Peace Officer Standards and Training (P.O.S.T.) certified law enforcement officer.

NOTE:  Subsection (D)(intro. para.) and Paragraphs (1) and (2) as amended by Acts 2009, No. 435, §1, effective July 1, 2010.

D.  Each owner-operator who possesses a vehicle which meets the criteria set forth in Paragraph (C)(2) of this Section may make application for crushing of the vehicle at the expiration of thirty days or make application for dismantling of the vehicle at the expiration of thirty days from mailing of the notice, by certificate of mailing, on a form provided by the Department of Public Safety and Corrections, office of motor vehicles, upon satisfaction and submission of each of the following requirements:

(1)  The owner-operator has complied with the provisions of R.S. 32:1719 and 1720.

(2)  The owner-operator has the vehicle physically inspected by a full-time Peace Officer Standards and Training (P.O.S.T.) certified law enforcement officer,  who has been trained and certified by the Department of Public Safety and Corrections, office of state police, to inspect vehicles to be crushed or dismantled.

(3)  Repealed by Acts 2001, No. 1097, §2.

NOTE:  Paragraphs (4) and (5) effective until July 1, 2010.  See Acts 2009, No. 435, §1.

(4)  The owner-operator obtains an appraisal showing the vehicle has a fair market value of five hundred dollars or less.

(5)  The owner-operator takes a photograph of the vehicle prior to crushing or dismantling.

NOTE:  Paragraphs (4) and (5) as amended by Acts 2009, No. 435, §1, effective July 1, 2010.

(4)  The owner-operator obtains an appraisal showing the vehicle has a fair market value of five hundred dollars or less.  The appraisal shall be based on the rough trade-in value of the vehicle as determined by the most recent National Automobile Dealers Association Guide.

(5)  The owner-operator shall take photographs of all four sides of the vehicle prior to making application for permission to crush or dismantle.

NOTE:  Subsections E, F, and G effective until July 1, 2010.  See Acts 2009, No. 435, §1.

E.  Within seven business days following the crushing or dismantling of the vehicle, the owner-operator shall execute an affidavit and forward it to the office of motor vehicles, by certificate of mailing, stating:

(1)  That a vehicle has been crushed or dismantled.

(2)  A description of each vehicle.

(3)  The vehicle identification number.

F.  The owner-operator shall maintain the following records on all vehicles crushed or dismantled under the provisions of this Section:

(1)  Completed physical inspection form as prepared by a full-time Peace Officer Standards and Training (P.O.S.T.) certified law enforcement officer.

(2)  One appraisal showing the vehicle has a fair market value of five hundred dollars or less.

(3)  A photograph of each side of the vehicle prior to crushing or dismantling.

(4)  A copy of the original report of a stored vehicle as required in R.S. 32:1719.

(5)  A copy of the notice required by R.S. 32:1720 which was sent to the registered owner of the vehicle, the holder of any lien on the vehicle, and any other person with an ownership interest in the vehicle.

(6)  The original signed post office receipt of delivery, if the letter required to be sent by this Section has been delivered, or the returned unopened envelope with the postal marking indicating attempt to deliver the letter required by this Section.  If either of these items could not be furnished, other documented proof that the storage or parking facility owner sent notice to the stored vehicle owner shall be retained by the owner-operator.  These records shall be open to inspection by any peace officer any time the business is open.  All records required by this Section shall be maintained for a period of at least three years.

G.  Neither the state of Louisiana nor the office of motor vehicles shall incur any liability as a result of the disposal of a vehicle under these provisions.

NOTE:  Subsections E, F, and G as amended by Acts 2009, No. 435, §1, effective July 1, 2010.

E.  Upon approval from the department or ten business days from the mailing of the application, the owner-operator may release the vehicle to a licensed crusher or licensed dismantler.  Receipt of sale to a licensed crusher or licensed dismantler shall be submitted electronically to the office of motor vehicles on a form provided by the Department of Public Safety and Corrections.

F.  Within seven business days following the crushing or dismantling of the vehicle, the licensed crusher or licensed dismantler shall execute a certification for each vehicle, on the form provided by the Department of Public Safety and Corrections, office of motor vehicles, and forward it to the office of motor vehicles, by certificate of mailing, providing the following information:

(1)  That a vehicle has been crushed or dismantled.

(2)  A description of the vehicle to be crushed or dismantled and each part to be dismantled for salvage.

(3)  The vehicle identification number.

(4)  A photograph of all four sides of the vehicle prior to crushing or dismantling.

G.  The owner-operator shall maintain copies of the following records on all vehicles crushed or dismantled under the provisions of this Section:

(1)  Completed physical inspection form as prepared by a full-time Peace Officer Standards and Training (P.O.S.T.) certified law enforcement officer who has been trained and certified by the Department of Public Safety and Corrections, office of state police, to inspect vehicles to be crushed or dismantled.

(2)  One appraisal showing the vehicle has a fair market value of five hundred dollars or less.  The appraisal shall be based on the standard value of the vehicle as determined by the most recent National Automobile Dealers Association Guide.

(3)  A photograph of all four sides of the vehicle prior to crushing or dismantling.

(4)  A copy of the original report of a stored vehicle as required in R.S. 32:1719.

(5)  A copy of the notice required by R.S. 32:1720 which was sent to the registered owner of the vehicle, the holder of any lien on the vehicle, and any other person with an ownership interest in the vehicle.

(6)  The original signed post office receipt of delivery, if the letter required to be sent by this Section has been delivered, or the returned unopened envelope with the postal marking indicating attempt to deliver the letter required by this Section.  If either of these items could not be furnished, other documented proof that the storage or parking facility owner sent notice to the stored vehicle owner shall be retained by the owner-operator.  These records shall be open to inspection by any peace officer any time the business is open.  All records required by this Section shall be maintained for a period of at least three years.

NOTE:  Subsection H as enacted by Acts 2009, No. 435, §1, effective July 1, 2010.

H.  Neither the state of Louisiana nor the office of motor vehicles shall incur any liability as a result of the disposal of a vehicle under these provisions.

Acts 1997, No. 892, §1; Acts 2001, No. 1097, §§1 and 2; Acts 2003, No. 101, §1; Acts 2004, No. 886, §1; Acts 2009, No. 435, §1, eff. July 1, 2010.

NOTE:  See Acts 2009, No. 435, §4, re implementation of Subsection E.