TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 11. Abandoned, Derelict, and Civil Forfeiture of Motor Vehicles, 40-11-1 through 40-11-24.

ARTICLE 1 ABANDONED AND DERELICT VEHICLES

40-11-1. Definitions.

As used in this article, the term:

"Abandoned motor vehicle" means a motor vehicle or trailer:
1. Which has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 30 days after the time agreed upon; or within 30 days after such vehicle is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days after the completion of necessary repairs;
2. Which is left unattended on a public street, road, or highway or other public property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle. However, on the state highway system, any law enforcement officer may authorize the immediate removal of vehicles posing a threat to public health or safety or to mitigate congestion;
3. Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone having paid all reasonable current charges for such towing and storage;
4. Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of not less than 30 days without anyone having paid all reasonable current charges for such towing and storage; or
5. Which has been left unattended on private property for a period of not less than 30 days.
"Motor vehicle" or "vehicle" means a motor vehicle or trailer.
"Owner" or "owners" means the registered owner, the owner as recorded on the title, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Revenue or the records from the vehicle's state of registration.

(Ga. L. 1972, p. 342, § 1; Ga. L. 1977, p. 253, § 1; Ga. L. 1980, p. 995, § 1; Ga. L. 1981, p. 469, § 1; Ga. L. 1984, p. 548, § 1; Ga. L. 1985, p. 1265, § 1; Ga. L. 1993, p. 370, § 3; Ga. L. 2000, p. 951, § 7-1; Ga. L. 2002, p. 415, § 40; Ga. L. 2002, p. 563, § 1; Ga. L. 2005, p. 334, § 21-1/HB 501; Ga. L. 2011, p. 752, § 40/HB 142; Ga. L. 2011, p. 777, § 1/HB 114.)

Law reviews.

- For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 266 (2002).

JUDICIAL DECISIONS

Mobile home.

- Abandoned Motor Vehicle Act, O.C.G.A. § 40-11-1 et seq., did not apply in an action for a writ of possession of a mobile home brought by a creditor against a towing service since the mobile home was not "abandoned" as outlined by O.C.G.A. § 40-11-1. Coweta County Impound & Storage, Inc. v. Security Pacific Fin. Servs., 216 Ga. App. 664, 455 S.E.2d 370 (1995).

Failure to provide notice.

- Because an operator of a towing service provided no written notification to a lienholder as required by O.C.G.A. § 40-11-1 et seq., the operator forfeited any fees that the statute may have provided for towing and storing. Purser Truck Sales, Inc. v. Horton, 276 Ga. App. 17, 622 S.E.2d 405 (2005).

Notice not given for vehicle left at repair shop.

- Trial court erred by conditioning a finance company's writ of possession upon the payment of a repair company's storage fees because the repair company failed to provide the notice required by the Abandoned Motor Vehicle Act, O.C.G.A. § 40-11-2(f); thus, it was prevented from recovery of any storage fees. Further, the trial court erred by finding that the vehicle had not been abandoned since neither the finance company nor the title owner of the vehicle had called for the vehicle within 30 days after the vehicle was left with the repair company. Transworld Fin. Corp. v. Coastal Tire & Container Repair, LLC, 298 Ga. App. 286, 680 S.E.2d 143 (2009).

Cited in Miller v. Self, 137 Ga. App. 717, 224 S.E.2d 823 (1976); Shaw v. Wheat St. Baptist Church, 141 Ga. App. 883, 234 S.E.2d 711 (1977); Atlanta Truck Serv., Inc. v. Associates Com. Corp., 146 Ga. App. 170, 246 S.E.2d 2 (1978); Walker v. Crane, 243 Ga. App. 838, 534 S.E.2d 520 (2000).

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Abandoned, Lost, and Unclaimed Property, §§ 3, 4. 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 1, 2, 9.

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