OCTOBER 17, 2005

Secretary of State Terri Lynn Land today unveiled a powerful tool in the battle to rid Michigan's roadsides and communities of junk cars.

The Michigan Auto Lost & Found Web site, www.Michigan.gov/sos, is a database of abandoned vehicles that residents can search by entering the vehicle identification or license plate number. The site also reflects when abandoned vehicles are sold at auction or relegated to scrap or salvage. It is one component of a new, comprehensive law that streamlines the removal and processing of abandoned vehicles.

"Junk cars pose a safety threat, lower property values and are a blight on the landscape," said Land, who had campaigned on a promise to help communities clean up abandoned vehicles. "Residents, insurance agencies, banks or anyone with an interest can easily check to see if a vehicle is abandoned. I commend the Legislature, law enforcement and towing agencies for supporting a solution that will work to keep Michigan beautiful."

William Byers, Michigan Towing Association president, commended the law, saying it benefits towing agencies.

"This law is the best thing that has happened to Michigan and the towing industry," Byers said. "The old laws regarding abandoned vehicles were cumbersome. These changes are welcomed and place Michigan in the forefront of other states."

The concerns for law enforcement agencies centered on the hazards that abandoned vehicles present to communities.

"This is much more than a beautification project," said Terry Jungel, Michigan Sheriffs' Association executive director. "This is a public safety issue. Junk and abandoned vehicles serve as magnets for problems."

New fines related to abandoned vehicles include $15 for failing to keep accurate records about the sale or transfer of a vehicle, $50 for failing to redeem an abandoned vehicle and up to $2,500 for littering with an abandoned vehicle.

"We will not allow abandoned vehicles to erode the high quality of life that we enjoy in Michigan," said state Sen. Gerald Van Woerkom, a primary sponsor of the law. "Providing law enforcement with greater tools to crack down on violators sends a strong message that we will vigorously protect our families, neighborhoods and environment."

The law requires the Department of State to maintain a Web site that provides information and resources about abandoned vehicles for the public's use. Visitors will find the following on the site:

• The Michigan Auto Lost & Found search engine for identifying an abandoned vehicle - the vehicle identification or license plate number is required to conduct a search
• The definition of an abandoned vehicle
• Information for reclaiming an abandoned vehicle
• Instructions for contesting the status of an abandoned vehicle
• Information for towing companies and other vehicle custodians about setting up an account with the department to transfer information and fees
• The form used by law enforcement when an abandoned vehicle is sold
• A glossary of terms

The law makes the tagging of abandoned vehicles by law enforcement optional rather than mandatory. Police agencies also may designate an agent, such as a towing company, to handle any tagging, removal, processing and auctioning of abandoned vehicles, freeing up officers for other important public-service matters. The responsibility for checking to see if a vehicle is stolen remains with law enforcement.

The law also transfers the responsibility of notifying vehicle owners from police agencies to the Department of State. The 30-day waiting period for impounded vehicles is eliminated, allowing law enforcement to deem them as abandoned within 24 hours. Furthermore, vehicles towed from private property are considered abandoned immediately rather than in 7 days as required under the old law.

Once a vehicle is taken into custody, law enforcement must notify the department within 24 hours. The information is entered into the Michigan Lost & Found Web site via the Law Enforcement Information Network. The department then has seven days to send a written notice to the last titled owner on record and any secured party. Within 20 days of receiving notice, owners must either redeem their vehicles or request a court hearing. Vehicles that are not claimed may be sold at auction.

The Web site also provides information about the steps individuals should take when selling a vehicle to protect themselves from liability if the vehicle is ever abandoned. A vehicle seller is required to accompany the buyer to a Secretary of State office to transfer the title, or keep a photocopy of the reassigned title or a bill of sale for at least 18 months. A bill of sale must document the name, address, driver's license number and signature of the vehicle's purchaser. Owners may be liable for all fees and penalties associated with an abandoned vehicle if they are unable to provide either a bill of sale or a copy of the reassigned title to the court.

Public Acts 493, 494 and 495 were sponsored by former Rep. Ken Daniels, Sen. Van Woerkom and former Rep. James Koetje, respectively.

"The new Abandoned Vehicle law speeds up the process of getting a vehicle either back into the owner's hands or out to auction," Land concluded. "This is a real benefit to communities because it keeps law enforcement out patrolling the streets rather than dealing with junk cars."

RELATED LINK
> Michigan Auto Lost and Found