2006 Code of Virginia § 46.2-1212.1 - Authority to provide for removal and disposition of vehicles and cargoes of vehicles involved in ac...

46.2-1212.1. Authority to provide for removal and disposition of vehiclesand cargoes of vehicles involved in accidents.

A. As a result of a motor vehicle accident or incident, the Department ofState Police and/or local law-enforcement agency in conjunction with otherpublic safety agencies may, without the consent of the owner or carrier,remove:

1. A vehicle, cargo, or other personal property that has been (i) damaged orspilled within the right-of-way or any portion of a roadway in the statehighway system and (ii) is blocking the roadway or may otherwise beendangering public safety; or

2. Cargo or personal property that the Department of Transportation,Department of Emergency Management, or the fire officer in charge has reasonto believe is a hazardous material, hazardous waste or regulated substance asdefined by the Virginia Waste Management Act ( 10.1-1400 et seq.), theHazardous Materials Transportation Act (49 U.S.C. 1808 et seq.) or theState Water Control Law ( 62.1-44.2 et seq.), if the Department ofTransportation or applicable person complies with the applicable proceduresand instructions defined either by the Department of Emergency Management orthe fire officer in charge.

B. The Department of Transportation, Department of State Police, Departmentof Emergency Management, local law-enforcement agency and other local publicsafety agencies and their officers, employees and agents, shall not be heldresponsible for any damages or claims that may result from the failure toexercise any authority granted under this section provided they are acting ingood faith.

C. The owner and carrier, if any, of the vehicle, cargo or personal propertyremoved or disposed of under the authority of this section shall reimbursethe Department of Transportation, Department of State Police, Department ofEmergency Management, local law-enforcement agency, and local public safetyagencies for all costs incurred in the removal and subsequent disposition ofsuch property.

(1997, c. 431.)