2 Del. Admin. Code § 2284-4.0

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

Section 2284-4.0 - Disposals Under Title 21, Chapter 44, Section 4415

4.1 Vehicle must be 8 years of age or older on the date of towing.

4.2 Wrecker owner(s) shall contact the Division of Motor Vehicles to determine the owner(s) of any vehicle within 5 calendar days of towing the vehicle. Division of Motor Vehicle Form MV580 must be completed when requesting this information.

4.3 The vehicle owner and all secured parties shall be notified by registered or certified mail by the wrecker/towing company within 10 days of receipt of ownership/secured party information from the Division. The letter shall include the make, year, body style and serial number of the vehicle, in addition to, towing charge, compensation for storage claimed and the daily storage charge.

4.4 The owner and all secured parties shall within 5 calendar days from receipt of the notification shall either satisfy the lien established by the towing/wrecker company or provide a signed release of interest in the vehicle according to procedures in Title 25, Section 3904 or provide a signed letter contesting the disposal:

4.4.1 Owners/secured parties contesting the lien or the disposal must contest at the nearest Justice of the Peace Court to the wrecker/towing company.

4.4.2 If the owner and/or secured party does not reply within 5 days from the receipt of the notification, the towing/wrecker company may proceed to sell by following the procedures in Title 25, Section 3903, or proceed under Title 21, Section 6902, procedures to obtain a "salvage title", or proceed under Item 4.7 below.

4.5 If the name and address of the owner or secured party is not known or recorded by the Division of Motor Vehicles, the towing/wrecker company assumes an unencumbered title after holding the vehicle for 30 days. Procedures under Title 25, Section 3903 or Title 21, Section 6902, or Item 4.7 below may be followed to dispose of the vehicle.

4.6 Towing/wrecker companies authorized to sell the motor vehicle or trailer shall keep detailed records of all costs for removing/towing, storage and costs of the sale. Proceeds from the sale shall be used to pay all police agency or towing, wrecker company costs. Funds left over will be used to pay any and all liens on the motor vehicle. Funds remaining will be sent to the Division of Motor Vehicles for deposit to the State Treasurer.

4.7 A towing/wrecker company may transfer a vehicle described under Item 4.1 directly to a licensed automotive recycler when the vehicle has been in their possession for 30 days without owner notification. The Division will provide a Certificate of Authority to Dispose of a Towed Vehicle when the following is provided:

4.7.1 State Police Vehicle Inspection Report; and

4.7.2 Police tow form; or

4.7.3 when vehicle has been towed from private property, documented evidence of right to possession, which shall contain a description of the vehicle, date towed, location towed from and person authorizing the towing; and

4.7.4 Division of Motor Vehicles application form. (form MV525A)

Requests for Chapter 69 Hearing, Certificates of Authority to Dispose of a Towed Vehicle, or other questions will be addressed to the Delaware Division of Motor Vehicle Administrative Office, Registration Section, PO Box 698, Dover, Delaware 19903. Telephone requests: (302) 744-2503.

2 Del. Admin. Code § 2284-4.0