ABANDONED VEHICLE OPERATIONS BY LAW ENFORCEMENT
Police authority refers to the state patrol, any law enforcement agency of a county or city, or any special security officer employed by the state board of regents.
Police authority for abandoned vehicle operations does not include Division of Narcotics Enforcement, Division of Criminal Investigation, Department of Natural Resources, or State Fire Marshall.
What is the police authority's RESPONSIBILITY for abandoned vehicles?
A police authority shall take into custody an abandoned vehicle on public property based on the following:
- Vehicle left unattended on public property for more than 24 hours, lacks current registration plates, or is totally inoperable.
- Vehicle illegally on public property for more than 24 hours.
- Vehicle legally impounded by order of a police authority, not reclaimed for 10 days. A police authority may declare the vehicle abandoned within 10 days by commencing the notification process.
- Vehicle parked on the highway, which is hazardous to other vehicle traffic.
- Vehicle impounded under Iowa Code, section 321J.4B (Operating While Intoxicated) by order of the court and whose owner has not paid the impoundment fees after notification by the person or agency responsible for carrying out the impoundment order.
A police authority may take into custody an abandoned vehicle on private property, based on the following
- Vehicle unlawfully parked on private property or placed on private property without the consent of the person in control of the property for more than 24 hours.
A police authority is not obligated by statute to take custody of an abandoned vehicle on private property, but it shall process applications for the private property owner’s attempt to dispose of the vehicle to a demolisher, as seen in pathway three below.
Most likely pathways for police authorities engaging in the abandoned vehicle process
While there are minor variations within these pathways, at a minimum, police authorities should understand and be prepared to execute the following:
1. Take into custody and sell at public auction or demolish
If claimants do not reclaim the abandoned vehicle after proper notification procedures, a police authority has the options to sell the vehicle at a public auction or to have it demolished. A police authority may handle every aspect of the process or hire a towing company only for the transport and/or storage of the vehicle, while the police authority follows the rest of the statutory abandoned vehicle process.
- Public auction: The police authority holds, or participates in, a public auction to sell the abandoned vehicle. The police authority provides the purchaser with page 2 of Form 411163- Certificate of Disposal of an Abandoned Vehicle When Initiated by a Police Authority with the top half completed (Abandoned Vehicle Sales Receipt) along with odometer documentation, when required.
- Sell for junking: The police authority sells, or transfers, the vehicle to a demolisher for the purpose of junking or scrapping. The police authority provides the purchaser or demolisher with page 2 of Form 411163 with either Section B (Abandoned Vehicle Sales Receipt) completed if sold at auction or Section C (Authority to Transfer and/or Demolish a Vehicle) completed if selling directly to demolisher
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2. Employ a private entity to finish abandoned vehicle process
“Private entity” is synonymous with “garage keeper,” which means any operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair, or maintenance of motor vehicles, including, most prevalently, towing companies.
A police authority may employ a private entity for the transport of the vehicle and to complete the statutory abandoned vehicle process. The police authority shall provide the private entity with a completed page 1 of Form 411163 and the names and addresses of the registered owners, all lienholders of record, and any other known claimant to the vehicle.
This information should be provided quickly to enable the private entity to conduct notifications within 20 days from the date of vehicle abandonment. The police authority is only authorized reimbursement for the towing expense in this situation.
3. Process applications to police for authority to demolish
Persons with an abandoned vehicle on their private property may complete Form 411104 Application for Authority to Transfer a Vehicle to a Demolisher to apply to local law enforcement for the authority to sell, give away, or otherwise dispose of the motor vehicle to a demolisher. The police authority will:
- Review the application form for accuracy.
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Notify all owners/claimants by certified mail. Notification must include:
- The year, make, model, and VIN of the vehicle.
- Location of the vehicle.
- A statement of the owner/claimants’ right to reclaim the vehicle with 10 days after the effective date of the notice.
- A statement that the failure of the owner/claimants to reclaim the vehicle within the time provided shall deemed a waiver by the owner/claimant of all right, title, claim and interest in the vehicle, and is deemed consent to the disposal of the vehicle to a demolisher.
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If the vehicle is not reclaimed, give the applicant a certificate of authority allowing the applicant to obtain a junking certificate.
Note: If the motor vehicle is totally inoperable, the police authority may provide the applicant with a certificate of authority without conducting the notification process.
Reimbursement
A police authority is only authorized reimbursement of expenses:
- That exceeds the proceeds of the sale at public auction or to a demolisher.
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For vehicles that were abandoned on a public highway. If it is not clear that the vehicle was abandoned on a public highway, the reimbursement request will be denied.
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With completed Form 411090 Abandoned Vehicle Report and proper documentation as evidence of compliant procedure.
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In a limited capacity by itemized expenses per Iowa Code.
Note: Date of abandonment must be accurate and tied to a definition of abandoned vehicle from from IA Code 389.89. Must remit unclaimed profits to DOT after 90 days unclaimed by vehicle owner/lienholders.
A police authority can request a copy of Form 411163 Certificate of Disposal of an Abandoned Vehicle when Initiated by a Police Authority by emailing central.vehicle@iowadot.us.