Kentucky Statutes 189.753 – Abandonment of motor vehicle on state highway — Presumption — Notification — Removal
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(1) Any motor vehicle left upon the right-of-way of a state highway for three (3)
consecutive days shall be presumed an abandoned vehicle.
(2) The Department of Kentucky State Police shall locate abandoned vehicles on the right-of-way of state highways. Upon determination that a vehicle is abandoned, and notwithstanding the provisions of KRS § 189.450, the Department of Kentucky State Police may order any person engaged in the business of storing or towing motor vehicles to remove the abandoned vehicle to a site chosen by the person. The department shall determine, if possible, the ownership of the vehicle through the abandoned vehicle’s license plates, serial number, or other methods of determining ownership. As soon as practicable, the owner shall be notified by mail, whether he or she is a Kentucky resident or a resident of another state, that the abandoned vehicle was illegally upon public property; the name and the address where the storage facility is located; that removal of the vehicle from the storage facility will involve payment of towing and storage charges; and that the vehicle may be sold pursuant to provisions of KRS § 376.275 if not claimed within sixty (60) days. A notification shall not be required if ownership cannot be determined. In the event of such sale, the state shall receive any proceeds after the satisfaction of all liens placed on the vehicle.
(3) The commissioner of the Department of Kentucky State Police shall promulgate administrative regulations pursuant to KRS Chapter 13A to carry out the provisions of this section.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 212, effective June 26, 2007. — Amended
1998 Ky. Acts ch. 179, sec. 3, effective July 15, 1998. — Amended 1986 Ky. Acts ch.
322, sec. 3, effective July 15, 1986. — Amended 1974 Ky. Acts ch. 74, Art. IV, sec.
20(1), (7). — Created 1972 Ky. Acts ch. 299, sec. 2.
consecutive days shall be presumed an abandoned vehicle.
Terms Used In Kentucky Statutes 189.753
- Department: means the Department of Highways. See Kentucky Statutes 189.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Right-of-way: means the right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. See Kentucky Statutes 189.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- State Police: includes any agency for the enforcement of the highway laws established pursuant to law. See Kentucky Statutes 189.010
- Vehicle: includes :
1. See Kentucky Statutes 189.010
(2) The Department of Kentucky State Police shall locate abandoned vehicles on the right-of-way of state highways. Upon determination that a vehicle is abandoned, and notwithstanding the provisions of KRS § 189.450, the Department of Kentucky State Police may order any person engaged in the business of storing or towing motor vehicles to remove the abandoned vehicle to a site chosen by the person. The department shall determine, if possible, the ownership of the vehicle through the abandoned vehicle’s license plates, serial number, or other methods of determining ownership. As soon as practicable, the owner shall be notified by mail, whether he or she is a Kentucky resident or a resident of another state, that the abandoned vehicle was illegally upon public property; the name and the address where the storage facility is located; that removal of the vehicle from the storage facility will involve payment of towing and storage charges; and that the vehicle may be sold pursuant to provisions of KRS § 376.275 if not claimed within sixty (60) days. A notification shall not be required if ownership cannot be determined. In the event of such sale, the state shall receive any proceeds after the satisfaction of all liens placed on the vehicle.
(3) The commissioner of the Department of Kentucky State Police shall promulgate administrative regulations pursuant to KRS Chapter 13A to carry out the provisions of this section.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 212, effective June 26, 2007. — Amended
1998 Ky. Acts ch. 179, sec. 3, effective July 15, 1998. — Amended 1986 Ky. Acts ch.
322, sec. 3, effective July 15, 1986. — Amended 1974 Ky. Acts ch. 74, Art. IV, sec.
20(1), (7). — Created 1972 Ky. Acts ch. 299, sec. 2.