23.1025.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2300
of North Dakota
Introduced by
Senators Klein, Larsen, Vedaa
Representatives Kasper, Louser
1 A BILL for an Act to amend and reenact sections 23.1-15-01 and 23.1-15-05 of the North
2 Dakota Century Code, relating to notice to owner and law enforcement of abandoned vehicles.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 23.1-15-01 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 23.1-15-01. Definitions.
7 For purposes of this chapter, unless the context otherwise requires:
8 1. "Abandoned motor vehicle" means a motor vehicle, as defined in section 39-01-01,
9 that has remained for a period of more than forty-eight hours on public property
10 illegally or lacking vital component parts, or is located on private property without
11 consent of the person in control of the property or in an inoperable condition such that
12 it has no substantial potential further use consistent with its usual functions, unless it is
13 kept in an enclosed garage or storage building. It also means a motor vehicle
14 voluntarily surrendered by its owner to a person duly licensed under section
15 23.1-15-09. An antique automobile, as defined in section 39-04-10.4, and other motor
16 vehicles to include parts car and special interest vehicles, may not be considered an
17 abandoned motor vehicle within the meaning of this chapter.
18 2. "Collector" means the owner of one or more special interest vehicles that collects,
19 purchases, acquires, trades, or disposes of special interest vehicles or parts of special
20 interest vehicles for the person's own use in order to restore, preserve, and maintain a
21 special interest vehicle or antique vehicle.
22 3. "Commercial towing service" means a registered business in North Dakota that tows
23 motor vehicles.
24 4. "Department" means the department of environmental quality.
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Sixty-eighth
Legislative Assembly
1 5. "Emergency towing" means the towing of a vehicle due to a motor vehicle accident,
2 mechanical breakdown on public roadway, or other emergency-related incident
3 necessitating vehicle removal for public safety with or without the owner's consent.
4 6. "Parts car" means a motor vehicle generally in nonoperable condition which is owned
5 by the collector to furnish parts to restore, preserve, and maintain a special interest
6 vehicle or antique vehicle.
7 7. "Secured party" means an insurer covering the abandoned motor vehicle under an
8 insurance policy.
9 8. "Special interest vehicle" means a motor vehicle that is at least twenty years old and
10 has not been altered or modified from original manufacturer's specifications and,
11 because of its historic interest, is being preserved by hobbyists.
12 8.9. "Unit of government" includes a state department or agency, a county, city, township,
13 or other political subdivision.
14 9.10. "Vital component parts" means those parts of a motor vehicle that are essential to the
15 mechanical functioning of the vehicle, including, but not limited to, the motor, drive
16 train, and wheels.
17 SECTION 2. AMENDMENT. Section 23.1-15-05 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 23.1-15-05. Notice to owner and law enforcement of abandoned vehicle.
20 1. When an abandoned motor vehicle does not fall within the provisions of section
21 23.1-15-04, the unit of government or commercial towing service taking it into custody
22 shall give notice of the taking within ten days. The notice must set forth the date and
23 place of the taking, the year, make, model, and serial number of the abandoned motor
24 vehicle, and the place where the vehicle is being held, must inform the owner and any
25 lienholders or secured parties of their right to reclaim the vehicle under section
26 23.1-15-06, must state that failure of the owner, lienholders, or secured parties to
27 exercise their right to reclaim the vehicle within thirty days is deemed a waiver by the
28 owner, lienholders, or secured parties of all right, title, and interest in the vehicle and a
29 consent to the disposal of the vehicle pursuant to section 23.1-15-07, and must state
30 the end date of the thirty-day period during which the owner may reclaim the
31 abandoned vehicle.
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Legislative Assembly
1 2. The notice must be sent by certified mail, return receipt requested, to the registered
2 owner, if any, of the abandoned motor vehicle and to all readily identifiable lienholders
3 or secured parties of record. If it is impossible to determine with reasonable certainty
4 the identity and address of the registered owner and all lienholders, the notice must be
5 published once in a newspaper of general circulation in the area where the motor
6 vehicle was abandoned or placed on the official website for the unit of government that
7 initiated the impound process from public property. When posted on a website, the
8 notice must be placed in a designated area on the official website for a minimum of
9 thirty days and must include the information in subsection 1. Published notices may be
10 grouped together for convenience and economy. Failure of the owner, lienholders, or
11 secured parties to exercise the right to reclaim the vehicle by the end of the public
12 notice period is deemed a waiver by the owner, lienholders, or secured parties of all
13 right, title, and interests in the vehicle and a consent to the disposal of the vehicle
14 pursuant to section 23.1-15-07.
15 3. Subject to section 23.1-15-04, a commercial towing service that takes an abandoned
16 motor vehicle into custody shall provide notice to the law enforcement agency having
17 jurisdiction in the location from which the motor vehicle was towed within twelve hours
18 after completing the tow.
19 4. Notice under subsection 3 must include:
20 a. The license plate number and state of registration;
21 b. The location from which the motor vehicle was towed;
22 c. The location to which the motor vehicle was towed;
23 d. The name, address, and telephone number of the commercial towing service that
24 towed and is storing the motor vehicle; and
25 e. A description of the motor vehicle, including make, model, year, and color.
26 5. A commercial towing service that violates subsection 3 may not collect a storage fee
27 under section 23.1-15-06 and shall return the motor vehicle to the registered owner at
28 no cost to the owner, lienholder, or secured party.
29 6. This section also applies to emergency towing.
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Statutes affected: INTRODUCED: 23.1-15-01, 23.1-15-05