Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 189.450, 189.751, 189.752, 189.753,
376.275
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.753(3) requires
the Department of Kentucky State Police to promulgate administrative
regulations to carry out the provisions of KRS 189.753, relating to abandoned
vehicles. This administrative regulation establishes the procedures for
location, removal, notification of owners and sale of abandoned
vehicles.
Section 1. Definitions.
(1) "Department" is defined by KRS 16.010(8).
(2) "Presumed abandoned"
means a vehicle that has been left upon the right-of-way of a state highway,
county road, or city street for a period of three (3) consecutive
days.
(3) "Rights-of-way" means, in
addition to the actual width of a state highway and the area between any
separated highway, those areas lying outside the shoulders and ditch lines and
within any landmarks, such as fences, fence posts, cornerstones, or other
similar monuments indicating the boundary line.
Section 2. The department shall locate, order
removal of, and send notification to the owner of vehicles that are abandoned
on the rights-of-way of state highways, county roads, or city streets. This
administrative regulation shall not affect vehicles abandoned on toll roads,
interstate highways, or other fully controlled access highways as defined in
603 KAR 5:025.
Section 3. Location
of Abandoned Vehicles. The department, upon a determination that a vehicle is
presumed abandoned on a state highway, county road, or city street shall affix
a notice to the vehicle documenting the date and location.
Section 4. Removal and Storage of Abandoned
Vehicles.
(1) If a vehicle is presumed
abandoned, the department may order any person engaged in the business of
storing or towing motor vehicles to remove the abandoned vehicle to a site
chosen by the person removing the vehicle.
(2) As soon as practicable, the department
shall, if possible, notify the owner by certified mail:
(a) That the vehicle was illegally upon
public property;
(b) The present
location of the vehicle;
(c)
Retrieval will require payment of towing and storage charges; and
(d) The vehicle may be sold if not claimed
within sixty (60) days.
(3) A notification shall not be required if
ownership cannot be determined.
(4)
Notice by the department shall constitute substantial compliance of the notice
requirement by the towing and storing business.
Section 5. Sale of Abandoned Vehicles.
(1) If after a period of sixty (60) days the
reasonable charges for towing and storing the vehicle have not been paid, the
vehicle may be sold by the owner of the towing or storing facility to pay the
charges.
(2) Prior to setting any
date for sale, the towing or storage facility shall:
(a) Contact the state police and determine if
the vehicle is part of an ongoing investigation that would preclude sale;
and
(b) Inform the state police of
any anticipated date of sale.
(3) Ten (10) days prior to the sale, the
towing or storing facility shall send a certified letter to the owner stating
the time and place of the sale.
(4)
If the owner fails to respond to this second notice or make provisions to pay
the towing and storage charges, the vehicle may be sold pursuant to KRS 376.275.
(5) In the event of such
sale, the state shall receive any proceeds after the satisfaction of all liens
placed on the vehicle.
(6) The
towing or storage facility selling any vehicle shall by affidavit inform the
department of the towing and storage charges, the proceeds of the sale, and
transmit any excess funds which shall be deposited in the state police agency
fund account.
STATUTORY AUTHORITY: KRS 189.753(3)