CHAPTER 14

FORMERLY

HOUSE BILL NO. 24

AS AMENDED BY HOUSE AMENDMENT NOS. 1, 2 AND 3

AN ACT TO AMEND CHAPTER 44, TITLE 21, DELAWARE CODE RELATING TO ABANDONED VEHICLES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (two-thirds of all members elected to each House thereof concurring therein):

Section I. Amend §4415, Chapter 44, Title 21, Delaware Code by striking Subsection

"(c)" in its entirety and substituting in lieu thereof a new Subsection to read as follows:

"(c) The wrecker owner in possession of a Motor Vehicle and requesting a Delaware Certificate of Title shall contact the Delaware Divisiuii of Motor Vehicle to determine the owner(s) of any vehicle with undetermined ownership within five calendar days of towing the vehicle."

Section 2. Amend §4415, Chapter 44, Title 21, Delaware Code by adding new Subsections "(j)", "(k)", and "(1)" to read as follows:

"(j) Or, any wrecker owner may transfer a vehicle described in Subsection (a) directly to a licensed automotive recycler when said vehicle has been in his possession for 30 days, without owner notification, only after the vehicle has been inspected by the State Police Auto Theft Unit and upon receipt of a Certificate Of Authority To Dispose Of A Towed Vehicle Form issued by the Department. A wrecker owner shall be issued a Certificate Of Authority To Dispose A Towed Vehicle Form when he submits to the Department the approved application form, (I) along with the State Police Vehicle Inspection Report and a copy of the corresponding Police Tow Form, or, (2) when towed from private property other documentary evidence of his right to the possession, containing description of vehicle, date towed, location towed from, and person authorizing the towing.

(k) Any wrecker owner who violates this Section shall, for the first offense, be fined not less than $25 nor more than $50 for each vehicle violation. For each subsequent like offense within one year he or she shall, be fined not less than $50 nor more than $100 for each vehicle violation.

(1) Presumption of ownership - The last known registered owner of an abandoned vehicle is considered to be the prima facie owner of the vehicle at the time it was abandoned and the person who abandoned it."

Section 3. Amend §4414(a), Chapter 44, Title 21, Delaware Code by striking the phrase or be imprisoned not less than 2 nor more than 10 days or both" as it appears at the end of said Subsection.

Approved May 11, 1987.