DMV: Non-Consensual Towing Procedures

Non-Consensual Towing Procedures -
Notification and Vehicle Disposal

 
 

Below are the procedures in state law for automobiles placed in the custody of licensed dealers and repairers.   

Section 1: Vehicles abandoned or menace to traffic, will be towed by order of a police officer or traffic authority under Connecticut State Law Title 14 Sec. 14-150.

A nonconsensual tow is the towing or transporting of a motor vehicle (in accordance with the provisions of Connecticut State Law Title 14 Sec. 14-145) for which arrangements are made by order of a law enforcement officer or traffic authority (defined in Connecticut State Law Title 14 Sec. 14-297).

The police agency shall complete DMV "Notice of Motor Vehicle Tow" (form H-114) and mail a copy of said form to the vehicle owner and all lien holders of record if any such vehicle remains unclaimed after 48 hours. The pink copy of the "Notice of Motor Vehicle Tow" must be given to the tower if the vehicle remains unclaimed after 48 hours.  If the vehicle remains unclaimed, the tower must notify the owner and lien holder that the vehicle remains in the tower's possession prior to the filing of DMV "Notice of Intent to Sell or Artificer's Lien" (form H-100).

Note: DMV provides "Notice of Motor Vehicle Tow" (form H-114), "Notice of Intent to Sell or Artificer's Lien" (form H-100), "Affidavit of Compliance" (form H-76).

Section 2: Vehicles towed by order of a municipality for Violation of municipal ordinances per Connecticut State Law Title 14 sec. 14-307 and Connecticut State Law Title 14 Sec. 14-150.

Any owner of a vehicle may request a hearing before a municipal hearing officer by filing DMV "Request for Hearing Contested Tow" (form A-25), (available at any Department of Motor Vehicle Office or any Police Department) and submitting it to the municipality.

  1. The hearing is conducted under the provision of Connecticut State Law Title 14 Sec. 14-150 (e), (o) and Sec. 14-150-1 to 14-150-4 inclusive of the Regulations of Connecticut State Agencies.
  2. Procedure:
A. The owner of the vehicle must notify the tower in possession of the vehicle that he or she has applied for a hearing. No sale or action may be taken against the vehicle until a hearing decision is rendered.

B. The hearing officer shall promptly schedule the hearing upon receipt of the
hearing application.

C. Hold hearing:
i. If it is determined that the vehicle was not a menace to traffic, abandoned, or unregistered: the owner of such vehicle is not liable for any expenses. The department which placed the vehicle in the towers custody is responsible for all expenses.
 
ii. If the owner has already paid all charges and claimed the vehicle: the department which took the vehicle into custody shall reimburse the vehicle owner of all charges based on the hearing officer's decision. Should the vehicle remain unclaimed, storage charges continue to accrue while the hearing and the decision are pending.
 
iii. If the hearing officer decides that the vehicle was improperly towed: the owner of the vehicle may immediately take possession of it. The lien is dissolved upon the decision of the hearing officer.
D. No action (sale, "Notice of Intent to Sell or Artificer's Lien" (form H-100) filing, etc.) may be taken against a vehicle by the tower while a hearing or hearing decision is pending.

Section 3: Vehicles towed or removed from private property upon request of the owners or lessee of the property per Connecticut State Law Title 14 Sec. 14-145.

  1. The non-consensual tow of a motor vehicle left without authorization on private property.

  2. Excluded vehicles are law enforcement, firefighting, rescue, ambulance or emergency vehicles.

  3. Tower must notify the local police department within 2 hours of towing the vehicle:
  1. The notification must be in writing, by fax or by email and the tower must maintain a record of the notification for 2 years.

  2. Within 48 hours of being notified of the tow, the police department must check the VIN in NCIC to see if the vehicle has been reported stolen, and if so, police must notify the reporting department.

  3. Vehicle must be identified to the police department - this includes make, model, year, color, registration number (to the extent available), vehicle identification number (VIN), and name and address of registrant.

  4. No storage may be charged prior to giving notice of possession to police department.

  1. If vehicle is not claimed within 48 hours, the tower must complete the DMV form "Motor Vehicle Notice of Tow" (form H-114) and shall mail, by certified mail, copies of the completed form to the owner and to all lien holders of record.

The following procedures apply to unclaimed vehicles that the vehicle owner has placed in the custody of the licensee.

  1. If the licensee has received no application to dissolve the lien (payment) on a motor vehicle within 30 days after the date of the completion of work upon such vehicle:

  2. Within 30 days of the completion of the work, the licensee shall notify the commissioner, using Department of Motor Vehicles form "Notice of Intent to Sell or Artificer's Lien" (form H-100), that the vehicle is in his or her possession. A fee of $5 shall be enclosed, along with the repair slip/work order that establishes the lien. An "Affidavit of Compliance" (form H-76) will be issued to the tower by the DMV.

  3. The Department of Motor Vehicles will send the licensee the name and address of any lien holder recorded on the certificate of title.

  4. If payment is not made within 90 days, the vehicle may be sold at auction subject to the following:

  1. Notification by certified mail to the owner, lessee, and lien holder at least 10 days prior to sale giving the date, time and place of the auction.
  2. Advertisement three times in a local newspaper where licensee's place of business is located, commencing at least 10 days prior to sale.

  1. Vehicle may be sold.

  2. Tower must complete the "Affidavit of Compliance" (form H-76) issued by the Department of Motor Vehicles for the new owner/purchaser.

  3. Tower must maintain copies of all documentation regarding the vehicle sale for two years.

  4. Any sale in violation of the notice requirements of the general statutes or of the Regulations of State Agencies shall be void.

Section 5:  Disposal of unclaimed vehicles subject to Connecticut State Law Title 14 Sec. 14-150, 14-145 or 14-307.

   1.   Disposal of vehicle with market value of $1,500 or less:

  1. Notify owner and lien holder (if any) of possession of vehicle prior to filing of the "Notice of Intent to Sell or Artificer's Lien" (form H-100).

  2. If vehicle has been in possession of the tower for at least 15 days--

  3. Tower must file "Notice of Intent to Sell or Artificer's Lien" (form H-100) with the DMV and enclose a check for $5.

  4. The DMV will send tower the "Affidavit of Compliance" (form H-76) when "Notice of Intent to Sell or Artificer's Lien" (form H-100) is received.

  5. Notification must be given to owner and lien holder by certified mail of pending sale at least five days prior to sale date.

  6. Tower may sell the vehicle.

  7. Tower must complete the "Affidavit of Compliance" (issued by the Department of Motor Vehicles) and provide  "Abandoned Motor Vehicle Sale Notification" (form H-110) to the new owner (purchaser).

  8. Tower must maintain copies of all documentation regarding vehicle in file for two years.

2. Disposal of vehicle with market value over $1,500:

A. Vehicle must be in possession of tower for more than 30 but less than 40 days.


B. Notice to DMV must be given on the "Notice of Intent to Sell or Artificer's Lien" (form H-100) during the 30 to 40 day window.

 
C. Tower must notify owner and lien holder of possession of vehicle prior to filing the Department of Motor Vehicle "Notice of Intent to Sell or Artificer's Lien" (form H-100).

D. Tower must file "Notice of Intent to Sell or Artificer's Lien" (form H-100) and enclose a check for $5. 
 
E. An "Affidavit of Compliance" (form H-76) will be sent to tower by the DMV.
 
F. Tower must hold the unclaimed vehicle a total of 45 days:

i. A registered or certified letter must be sent to the owner of
record and any lien holder at least five days prior to sale informing them of the auction date, place, and time.

G. Vehicle may be sold at auction.
 
H. Tower must execute the "Affidavit of Compliance" (form H-76) and provide it to the new owner (purchaser).
 
I. Tower must attach "Abandoned Motor Vehicle Sale Notification" (form H-110) to the "Affidavit of Compliance" (form H-76) at the time of sale/ownership transfer.
 
J. Tower must maintain copies of all documentation regarding the vehicle in file for
   two years.
3.  A tower may not part out, repair, dismantle or sell any abandoned vehicle unless the proper 
     procedure set forth in law is followed. The following legal requirements also apply to private 
     property tows:
A. The tower shall not rebate or pay money or any other consideration for
the privilege of towing or removing vehicles from private property.
 
B. The vehicle must be stored at the site of the tower's business in a
secured storage lot which shall be open 8 a.m. to 5 p.m. Monday
through Friday and be reasonably available on Saturday, Sunday and
holidays for the purpose of vehicle redemption.

C. To claim the vehicle, proof of ownership may be requested. Any vehicle owner or agent of the owner shall have the right to inspect the vehicle before accepting its return.

D. Conditional releases, which would release the tower from liability for
damages, are prohibited as a condition of release of the vehicle.

E. Itemized receipts are required.

4.   The value of the vehicle is "market value". This is the average trade-in value appearing in the current month's edition of the N.A.D.A. Official Used Car Guide, Eastern Edition. Any disposition of the vehicle is based on "market value."

Should the tower determine that the "market value" is not an accurate estimate of the vehicle's value, the tower must:

  1. Prepare a reasonable estimate of current value.

  2. Provide a statement of the facts on which the estimate is based.

  3. Take pictures of the vehicle to be retained for record-keeping purposes. All licensees are required to retain documents for a period of no less than two years.





 





Content Last Modified on 3/16/2016 3:46:12 PM