As used in this article:
"Abandoned motor vehicle" means a motor vehicle, trailer, or semitrailer that:
1. Weighs at least 75 pounds; and
2. (i) Is left unattended on public property for more than 48 hours in violation of a state law or local ordinance;
(ii) has remained for more than 48 hours on private property without the consent of the property's owner, regardless of whether it was brought onto the private property with the consent of the owner or person in control of the private property; or
(iii) is left unattended on the shoulder of a primary highway.
"Scrap metal processor" means any person who is engaged in the business of processing motor vehicles into scrap for remelting purposes who, from a fixed location, utilizes machinery and equipment for processing and manufacturing ferrous and nonferrous metallic scrap into prepared grades, and whose principal product is metallic scrap.
"Vehicle removal certificate" means a transferable document issued by the Department for any abandoned motor vehicle that authorizes the removal and destruction of the vehicle.
1968, c. 421, § 46.1-555.1; 1978, c. 348; 1989, c. 727; 1997, c. 431; 2009, c. 664; 2011, cc. 487, 824; 2020, c. 977.
Notes of Decisions
Vasaio v. Dep't of Motor Vehs., 590 S.E.2d 596 (Va. Ct. App. 2004).
· cites it 2× “If the legislature had wished to exclude vehicles designed for self-propulsion that were presently inoperable, it could have done so, just as it did in Code § 46.2-1200, in which it defined the term “abandoned inoperable motor vehicle” to mean, inter alia, one “whose fair market…”
CB & PB Enter., LLC v. Bryant McCants, 882 S.E.2d 484 (Va. Ct. App. 2023).
· cites it 9× “In this case of first impression, we address the application of the Virginia Abandoned Vehicle Act, Code §§ 46.2-1200 to -1207, in an action for conversion of personal property.”
Ronald Dean Northcraft v. Commonwealth of Virginia, 892 S.E.2d 351 (Va. Ct. App. 2023).
· cites it 8× “BACKGROUND Virginia’s Abandoned Vehicle Process Code §§ 46.2-1200 through -1207 establish Virginia’s abandoned vehicle process (“AVP”) allowing applicants to dispose of an abandoned motor vehicle, trailer, or manufactured home left on a highway, public property, or private…”
McCants v. CD & PB Enter., LLC, 897 S.E.2d 209 (Va. 2024).
· cites it 12× “To understand how conversion determines the outcome of this case, we must focus on one of Code § 46.2-1200’s definitions of an “[a]bandoned motor vehicle.”
Edward A. Vasaio v. Dept. Motor Vehs., Commonweal, No. 0707032 (Va. Ct. App. Jan. 13, 2004).
· cites it 2× “If the legislature had wished to exclude vehicles designed for self-propulsion that were presently inoperable, it could have done so, just as it did in Code § 46.2-1200, in which it defined the term “abandoned inoperable motor vehicle” to mean, inter alia, one “whose fair market…”
Va. Code Ann. § 46.2-1200(2): 3 cases
CB & PB Enter., LLC v. Bryant McCants, 882 S.E.2d 484 (Va. Ct. App. 2023).
“In this case of first impression, we address the application of the Virginia Abandoned Vehicle Act, Code §§ 46.2-1200 to -1207, in an action for conversion of personal property.”
Ronald Dean Northcraft v. Commonwealth of Virginia, 892 S.E.2d 351 (Va. Ct. App. 2023).
“BACKGROUND Virginia’s Abandoned Vehicle Process Code §§ 46.2-1200 through -1207 establish Virginia’s abandoned vehicle process (“AVP”) allowing applicants to dispose of an abandoned motor vehicle, trailer, or manufactured home left on a highway, public property, or private…”
McCants v. CD & PB Enter., LLC, 897 S.E.2d 209 (Va. 2024).
“To understand how conversion determines the outcome of this case, we must focus on one of Code § 46.2-1200’s definitions of an “[a]bandoned motor vehicle.”
Va. Code Ann. § 46.2-1200(2)(ii): 1 case
McCants v. CD & PB Enter., LLC, 897 S.E.2d 209 (Va. 2024).
“To understand how conversion determines the outcome of this case, we must focus on one of Code § 46.2-1200’s definitions of an “[a]bandoned motor vehicle.”
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