In most cases, abandoned vehicle removals in Virginia are initiated by the local police department, sheriff’s office, code enforcement office, or property manager for the site where the abandoned vehicle is located.
Virginia considers a motor vehicle, trailer, or semitrailer that weighs 75 lb. or more and is illegally parked on private property for more than 48 hours, illegally parked on public property for more than 48 hours, or abandoned on the shoulder of a primary highway to be an abandoned vehicle. The Virginia DMV Abandoned Vehicle Program allows an individual or company with possession of the abandoned vehicle to obtain a search of the registered owner and lienholder, send certified notice, and proceed with disposition once they satisfy the applicable waiting periods specified by statute.
In cases where the vehicle is currently located on public property or on the shoulder of a primary highway, local government or law enforcement typically must be involved before removing or selling the vehicle. If the vehicle is located on your property, you may obtain legal ownership through the Virginia DMV Abandoned Vehicle Process, and then contact Virginia Car Buyers about selling your abandoned vehicle.
When a Sitting Vehicle Becomes Abandoned in Virginia
According to § 46.2-1200 of the Virginia Code, any vehicle, trailer, or semitrailer weighing over 75 lb. is considered to be abandoned if it is left parked on public property for more than 48 hours in violation of state law or local ordinance, or parked on private property without owner’s consent for more than 48 hours, or immediately if the vehicle is left unattended on the side of a primary highway. § 46.2-1213 gives counties, cities, and towns the authority to remove abandoned vehicles that are parked illegally, create traffic hazards; are immobilized due to emergency; have been left unattended for more than 10 days in a public right-of-way; or have been left unattended on private property without owner’s consent. Additionally, local ordinances may define any vehicle lacking a currently issued license or locality decal or that has had no valid Virginia safety inspection for four days without movement as abandoned.
Virginia’s Abandoned Vehicle Process
Virginia’s abandoned vehicle law creates two stages in the removal process: physical removal of the abandoned vehicle and later transfer of ownership through sale, title transfer, disposal, or auction. To enforce the removal stage, local governments can adopt an ordinance allowing them to take possession of an abandoned vehicle using their own employees or independent contractors.
A private citizen is not permitted to remove an abandoned vehicle from public property or the shoulder of a primary highway unless that citizen has entered into an agreement with either a local governing body or a law enforcement organization and has actual possession of the abandoned vehicle. An individual with possession of a qualifying abandoned vehicle must pay a $40 DMV record request fee unless the requester is an exempt local governing body with a DMV agreement. Upon receipt of the record request, the Virginia DMV searches its own records, as well as crime and title databases, to locate and send a certified notice to all owners and lienholders identified in the searches.
Standard abandoned vehicles must be reclaimed within 15 days of being taken into possession, while prefabricated homes must be reclaimed within 120 days of being taken into possession. After the 15-day or 120-day reclamation period expires, the abandoned vehicle must be posted with a notice of intent to auction for at least 21 days before auctioning, selling, titling, or demolishing the abandoned vehicle.
Starting a Virginia Abandoned Vehicle Request
Under Virginia’s process for requesting an abandoned vehicle title transfer from the Department of Motor Vehicles (DMV), you must have ownership of the qualifying vehicle(s) (vehicle, trailer, manufactured home), as well as a valid VIN assigned to the vehicle. The process begins with a search against DMV records or titleholders it is not simply an automatic title transfer to you as the owner/holder of the vehicle(s).
To obtain an abandoned vehicle title, you must provide a description of the vehicle(s) by the following: year; make; model; VIN if known and pay a $40 fee to the DMV pursuant to the Abandoned Vehicle Program (AVP). You may only use the AVP procedure to obtain an abandoned vehicle title if the vehicle is not subject to a mechanic’s or storage facility’s lien.
How Official Towing Works for Abandoned Vehicles in Virginia
Local authority governs official abandoned vehicle towing in Virginia. All counties, cities, and towns can authorize removal of a vehicle to ensure it is kept safe when it creates a traffic hazard, such as blocking a street, or is parked illegally; when an emergency immobilizes the vehicle; or when the automobile is left unattended for 10 days without permission.
To remove the vehicle, law enforcement, an approved uniformed law enforcement officer, or the civil code enforcement division is required to direct removal of the vehicle. To remove a vehicle from private property, the owner, lessee, or occupant must provide a written request.
What to Do After Receiving a Towed Vehicle Notice
The DMV will provide notice within 15 days if you do not reclaim a towed vehicle from the towing operator, or within 120 days if you do not reclaim a manufactured home. After the 15-day or 120-day period expires and you fail to reclaim the vehicle, the abandoned vehicle statute places ownership of the vehicle in the hands of the towing company.
You should contact the listed towing company/operator, local jurisdiction, or the DMV to confirm the vehicle identification number (VIN) and the storage location of the vehicle. Before releasing your vehicle, you must also have enough money available to pay for the removal of your vehicle, as well as the costs associated with the vehicle’s continuing storage and locating the owner.
Avoiding an Abandoned Vehicle Fee in Virginia
In Virginia, the best way to avoid paying an abandoned vehicle fee is to get your vehicle out before it triggers the fee by statute. If it is on private property, that means you must have clear permission from the property owner, lessee, or occupant to keep it there; if it is on public property, then you must avoid unlawful parking for more than 48 hours to avoid triggering the fee.
If your vehicle has already been removed, recovering it promptly will reduce your daily storage liability; however, you may still be charged in Virginia for removal, storage, and tracking down the owner before you can recover your vehicle.
Paying a Virginia Abandoned Vehicle Fee
A Virginia vehicle fee may refer either to (1) the record searching charge from the DMV to locate a vehicle as noted under their Abandoned Vehicle Program (AVP) or (2) the cost of towing and storing the vehicle after it is removed from the road by law enforcement. Most individuals requesting an abandoned vehicle search incur a $40 charge from the DMV; however, local governments that have a written agreement with the DMV do not incur the record search fee.
Towed vehicles also incur charges for towing and/or storage; however, payment for these costs must be made to that party (i.e., the towing or storage company) and paid before the vehicle is released.
How to Get Ownership of an Abandoned Vehicle in Virginia
In Virginia, ownership of abandoned vehicles is not established by finding or storing that vehicle, but rather occurs through the Virginia DMV process. Therefore, once an individual has possession of an abandoned vehicle, that person must:
- Begin the AVP record request process;
- Wait for the DMV to give notice to any possible owners and lienholders of the vehicle;
- Post their intent to auction the vehicle, also known as an abandoned vehicle notice, for at least 21 days if required;
- complete the AVP process; and
- Apply for title through the DMV by submitting, within 30 days of completing the AVP process, all the following: completed vehicle removal certificate; AVP receipt; title application; proof of address; and required fees.
How Law-Enforcement Removal Works in Smaller Virginia Counties
In smaller Virginia counties, laws are in place to allow law enforcement vehicles to be removed from parking areas using procedures similar to those established by the state for larger jurisdictions, unless a local ordinance specifically establishes another process. Under Virginia Code § 46.2-1213, authorized personnel remove a vehicle at the request of law enforcement officers, uniformed law enforcement employees acting in their official capacity, and authorized civil code enforcement personnel.
The administrative difference usually occurs because rural counties have their own unique way to process complaints regarding illegally parked vehicles through the sheriff’s office or county code officials, while larger cities have individual municipal parking divisions within city limits.
Where to Sell an Unwanted Vehicle in Virginia
If a vehicle is on the property of an apartment complex in Virginia for more than a 48-hour period without the consent of the owner or property management, the owner of the property can take action to begin the process of having the vehicle removed. For removal of a vehicle under a local ordinance to remove vehicles that are unattended, the owner, lessee, or occupant of the property must make a written request for removal of the vehicle from the property.
There may also be extenuating circumstances such as expired parking permits, disabled vehicles, and unauthorized use of spaces, which may negatively affect consent. Therefore, when management issues a parking notice to all residents of the complex, all residents should contact management regarding the notice before a tow truck or action plan is initiated.
