Md. Code Regs. 14.28.09.09

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.28.09.09 - Towing, Impoundment, and Sale

A. The State Police, the City of Cumberland police or their agents, or Authority parking control officers or agents, may take into custody an abandoned motor vehicle, or a vehicle parked in violation of this chapter, which is parked so as to constitute a nuisance or hazard to public safety, impede or obstruct the normal movement of vehicular or pedestrian traffic on Authority property, or deny Canal Place patrons full use and enjoyment of Canal Place property. For this purpose, the State Police, the City of Cumberland police, or Authority parking control officers or agents may use their own personnel, equipment, or facilities, for removing, preserving, and storing the vehicles. The Authority or its agents are not liable for any losses or damages resulting from these actions to the extent provided under Courts and Judicial Proceedings Article, §§ 5-301 -5-304 and 5-522, Annotated Code of Maryland.

B. As soon as reasonably possible and within 7 days after the State Police or the City of Cumberland police or their agents take a vehicle into custody under this regulation, the State Police or the City of Cumberland police or their agents shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to:

(1) The last known registered owner of the vehicle; and

(2) Each secured party, as shown on the records of the Maryland Motor Vehicle Administration.

C. The notice shall:

(1) State that the vehicle has been taken into custody;

(2) Give the name, address, and telephone number of the individual providing the notice;

(3) Describe the motor vehicle, including year, model, and vehicle identification number;

(4) Give the location of the facility where the vehicle is held;

(5) State the authority and reason for the removal, towing, or storage of the motor vehicle;

(6) Inform the motor vehicle owner and secured parties of the owner's or secured parties' rights to reclaim the vehicle on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody, upon:

(a) Presentation of proof of identity and ownership or security interest, and

(b) Signing a receipt for the motor vehicle; and

(7) Be sent by certified mail, return receipt requested.

D. The Authority or its agent may seek to recover costs of impoundment or storage, and removal under this regulation. If the Authority seeks to apply the provisions of this regulation, the notice required by §B of this regulation shall also state that the failure of the motor vehicle owner or secured party to exercise the right to reclaim the vehicle may cause continuing liability of the owner for reasonable costs of impoundment and storage.

Md. Code Regs. 14.28.09.09

Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 27)