2 Del. Admin. Code § 2284-3.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2284-3.0 - Disposal Of Vehicles Under Title 21, Chapter 69

3.1 The towing/wrecker company shall by certified mail, return receipt requested, notify the owner and lienholder of the towing charges, compensation for storage claimed and per diem rate of storage charges. This notice shall be mailed within 5 days of the vehicle's removal. The notice shall also inform the owner/lienholder that all charges must be paid within 15 days of the date the certified letter was mailed. The letter shall include the make year, body style and serial number of the vehicle.

3.2 If the identity of the registered owner or lienholder cannot be determined, a notice shall be published one (1) time in the newspaper of general circulation in the area where the vehicle was removed. This notice shall include the make, year, body style and serial number of the vehicle, and towing charges, compensation for storage claimed and per diem rate of storage charges. In addition, the name, address, telephone number and office hours of towing company will also be provided.

3.3 The police agency or towing/wrecker company after the expiration of 15 days from the date of notification may request the Division of Motor Vehicles to schedule a hearing to determine the intentions of the registered owner and/or secured party. Towing/wrecker owners shall provide Motor Vehicle Form MV582 to the Division to request a hearing. The Division will notify all owners/lienholders by certified mail of the hearing date. The towing/wrecker company shall provide at the hearing the certified mail receipt or newspaper notice, police tow form, and State Police Vehicle Inspection Report.

3.4 The Division of Motor Vehicles hearing officer shall determine the disposition of the vehicle. A salvage certificate of title may be issued 15 days after the hearing in favor of the wrecker owner if the owner and/or secured party have not filed an appeal.

3.5 When an owner and/or secured party objects to the disposition of the vehicle, further proceedings by the Division will cease and all parties will be notified to file with a court of proper jurisdiction to seek judicial disposition.

2 Del. Admin. Code § 2284-3.0