2013 Maryland Code
TRANSPORTATION
§ 25-207 - Sale of vehicle; disposition of proceeds


MD Transp Code § 25-207 (2013) What's This?

§25-207.

(a) Except as provided in subsection (e) of this section, if an abandoned vehicle is not reclaimed as provided for in this subtitle, the police department shall sell the vehicle at public auction.

(b) The buyer of the vehicle at auction:

(1) Takes ownership of the vehicle free and clear of any claim of ownership or lien of any other person;

(2) Is entitled to a sales receipt, on a form that is approved by the Administration, from the police department;

(3) Is entitled to obtain a salvage certificate for the vehicle; and

(4) May obtain a certificate of title under § 13-507 of this article.

(c) The sales receipt, on a form that is approved by the Administration, is sufficient title for transferring the vehicle to an automotive dismantler and recycler or scrap processor for dismantling, destroying, or scrapping, in which case, a certificate of title is not required.

(d) Except as otherwise provided in this subtitle:

(1) From the proceeds of the sale of an abandoned vehicle, the police department shall reimburse itself for the costs of towing, preserving, and storing the vehicle and the expenses of the auction, including all notice and publication costs incurred under this subtitle; and

(2) Any remaining proceeds of the sale shall be held for 90 days for the owner of the vehicle and any entitled secured party, after which the remaining proceeds revert to:

(i) The treasury of the county in which the sale was made; or

(ii) In the case of a municipality that conducts the sale, the treasury of the municipality.

(e) (1) After satisfying the requirements for obtaining a certificate of title for an abandoned vehicle under § 25-207.1 of this subtitle, a police department may retain and use the vehicle for public purposes without any further notice or consent of the owner other than a lessor as provided in paragraph (2) of this subsection.

(2) (i) If there is a secured party with an interest in the vehicle as shown on the records of the Administration, the police department may not retain the vehicle for public purposes without the written consent of the secured party.

(ii) If the vehicle is owned by a lessor under a lease not intended as security, the police department may not retain the vehicle for public purposes without the written consent of the lessor.

(f) A vehicle retained for public purposes under subsection (e) of this section:

(1) May be dismantled or disassembled for the purpose of using its component parts; and

(2) When no longer usable for public purposes, may at the discretion of the police department, without further notice, be sold at public auction as provided in this subtitle or transferred by the police department to a scrap processor licensed under § 15-502 of this article.

§ 25-207 - 1. Abandoned or impounded vehicles with removed or defaced serial numbers

(a) Applicability. -- This section applies to any vehicle:

(1) Which is impounded by a police department either as abandoned or pursuant to other State or local law;

(2) From which the engine or vehicle serial number has been removed or defaced; and

(3) Of which neither the owner nor any secured party can be identified from records of the Administration or other reasonable steps taken by the police department.

(b) Application for assignment of identification number. -- The police department on whose authority the vehicle was impounded may apply to the Administration for an assignment of an identification number under §§ 13-106.1 and 14-107 of this article.

(c) Application for assignment of certificate of title. -- The police department on whose authority the vehicle was impounded may apply to the Administration for a certificate of title to a vehicle, and shall submit as evidence of ownership:

(1) A copy of the return receipt or certified mail notice returned as undeliverable, received under § 25-204 of this subtitle; or

(2) A copy of the notice published under § 25-205 of this subtitle.

(d) Public use of vehicle. -- Notwithstanding the provisions of § 25-207 of this subtitle, the police department, after satisfying the requirements of subsections (b) and (c) of this section, may retain and use the vehicle for public purposes.

(e) Dismantling or disassembling; disposition. -- Any vehicle retained for use under this section:

(1) May not be dismantled or disassembled for the purpose of using its component parts; and

(2) When no longer usable for public purposes, shall be transferred by the police department to a scrap processor licensed under § 15-502 of this article.

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