(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.
Rights of buyer of vehicle at 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.
Sales receipt sufficient title for transfer of vehicle
(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.
Reimbursement of police department from proceeds of sale
(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.
Vehicle retained and used for public purposes
(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.
Dismantling or disassembly of retained vehicles
(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.
Credits
Added by Acts 1977, c. 14, § 2, eff. July 1, 1977. Amended by Acts 1984, c. 698, § 2; Acts 1987, c. 11, § 1; Acts 1990, c. 324; Acts 1993, c. 602; Acts 1995, c. 524, § 2, eff. July 1, 1995.
Formerly Art. 66 ½, § 11-1002.2.
MD Code, Transportation, § 25-207, MD TRANS § 25-207
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
