SOS - Instructions for Owners

The legal definition of "abandoned vehicle" has a slightly different meaning than what is generally understood. According to state statute, the term abandoned vehicles applies not only to t he "junkers" that are dumped on the roadside, but vehicles on private or public property that have been towed away either by request of the property owner or because the vehicle was parked or left in violation of a law.

As defined by Michigan law [MCL 257.252a(2)], an abandoned vehicle is a vehicle that was left on:

Michigan law [MCL 257.252d] outlines circumstances under which a police agency may have a vehicle on private or public property removed to a place of safekeeping (usually an impound lot) at the expense of the vehicle's owner. If the vehicle is not claimed immediately by the driver or owner before the vehicle is towed away or removed from the site, it is then deemed abandoned. A vehicle may be taken into custody if it is:

If the vehicle's owner or driver arrives on the scene before the vehicle is removed, the vehicle will be disconnected from the tow truck and the person may take possession of it. However, the owner or driver may have to pay a service fee. The tower will provide a receipt upon payment of the service fee. If the owner or driver does not immediately claim the vehicle, the police agency that authorizes its removal will check to determine if it has been reported stolen, and if not, report it as abandoned according to MCL 257.252a.

When a vehicle is taken into custody, the vehicle owner and any secured party (most often a lending institution) are notified by mail of the vehicle's status and location. To claim an abandoned vehicle, as the owner you must:

If you do not redeem the vehicle or request a hearing within 20 days, the secured party may obtain release of the vehicle by paying the towing, storage and abandoned vehicle fee.

If you or the secured party does not redeem the vehicle, it may be sold at public auction, and you lose all rights to the vehicle. Public notice will be published at least five days before the sale in a newspaper within the county where the vehicle was abandoned.

You may challenge whether your vehicle was properly deemed abandoned or the reasonableness of the towing and storage fees by filing a petition with the court having jurisdiction over the location from which the vehicle was removed.

A petition can be filed with the appropriate court either by mail or in person and must be filed within 20 days from the date you first received notice in the mail. A copy of the petition will be included with the notice or may be obtained by clicking here.

Effective Oct. 1, 2005, owners who abandon a vehicle risk new fines and penalties. Michigan law (MCL 257.252a) states:

"A person shall not abandon a vehicle in this state. It is presumed that the last titled owner of the vehicle is responsible for abandoning the vehicle unless the person provides a record of sale as that term is defined in section 240. A person who violates this subsection and who fails to redeem the vehicle before disposition of the vehicle under section 252g is responsible for a civil infraction and shall be ordered to pay a civil fine of $50.00 plus costs, state assessments, and other statutory penalties."

To provide a "record of sale," you must do either of the following when you sell or transfer ownership of a vehicle:

If you fail to maintain proper records of the sale, you are subject to the following penalties if a subsequent owner abandons the vehicle:

Abandoned vehicle	A vehicle: On private property without the property owner's consent That has remained on public property for at least 48 hours On a state road (e.g. M-99, U.S. 23, I-96) for at least 18 hours if a valid registration plate is on the vehicle On a state road if a valid registration plate is not on the vehicle
Bond	A monetary surety made to guarantee a court appearance.
Custodian	The person or business/legal entity responsible for storing an abandoned vehicle taken into custody. Usually, this is the towing agency.
Disposition	The final arrangement for an abandoned vehicle.
EFT	Electronic Funds Transfer.
Impounded vehicle	A vehicle that was removed to a place of safekeeping because it was illegally parked, is stolen or contains stolen parts, is being used as evidence or was used in a crime, or is a hazard or obstruction to safety and traffic. See MCL 257.252d.
LEIN	Law Enforcement Information Network - a computer network used by law enforcement agencies to exchange information.
Lienholder	An agency or creditor to which an owner has given a pledge of payment or obligation. Also known as a secured party.
Littering	The act of illegally leaving rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris, or other foreign substances or a vehicle that is considered abandoned under MCL 257.252a.
Owner of record	The person named on the Secretary of State's motor vehicle records as the title-holder or registrant of a vehicle.
Petition	A formal written request made to an official person or organized body (such as a court) .
Record of sale	A photocopy of the reassigned title or a document that includes the name, address, driver's license number and signature of the person to whom the vehicle was sold, along with the purchase price and date of the sale .
Redeemed	The owner or a secured party has paid all fees and charges and obtained release of the vehicle from the custodian.
Registered abandoned scrap vehicle	Vehicle is abandoned, at least 7 years old, is inoperable or extensively damaged so that repairing it for safe operation exceeds the fair market value, and is currently registered or titled in Michigan or has current-year registration plates from another state.
Salvage vehicle	A vehicle for which a salvagecertificate has been issued by the Secretary of State.
Scrap vehicle	A vehicle with a "scrap certificate of title" issued by the Secretary of State. It may be assigned only to a scrap metal processor, an automotive recycler, used or secondhand vehicle parts dealer, or a foreign salvagevehicle dealer and is reassignable only to a vehicle scrap metal processor.
Secured party	An agency or creditor to which an owner has given a pledge of payment or obligation. Also known as lienholder.
Signage Requirement	Under MCL 257.252k, each apartment complex or private property owner that has a vehicle towed must have a warning sign posted that unauthorized vehicles will be towed at the owner's expense. The notice must include the name and telephone number of the towing agency that is responsible for removing vehicles from that property and be in letters at least two inches high on a contrasting background. Notices must be permanently installed with the bottom of the notice at least four feet or higher from the ground and prominently displayed at a point of entry for vehicles. If the property does not have curbs or access barriers, there must be at least one notice for every 100' of road frontage. The notice must be in place at least 24 hours before vehicles can be towed from the property.
Tagged vehicle	A vehicle with a written notice affixed by a law enforcement agency. The written notice served as a warning that the vehicle is subject to being taken into custody at the owner's expense or scrapped. Under the revised abandoned vehicle laws, tagging a vehicle before having it removed is now optional.
The law	As used here, "the law" refers to Public Acts 493, 494 and 495 of 2004.
Towed vehicle	A vehicle that was removed from a location because it met the definition of an abandoned vehicle (MCL 257.252a) or qualified to be immediately removed (under the conditions outlined in MCL 257.252d) .
TR52	A 5-part carbonless form used by law enforcement agencies. This form may still be used as needed but has been replaced by the TR-52E Notice of Abandoned Vehicle, TR-52P Petition for Hearing on Abandoned Vehicle, TR-52L Abandoned Vehicle - Bill of Sale and TR-208 Certificate of Scrapping which are now mailed by the Secretary of State.
Unlicensed dealer	A person or business/legal entity that is not legally licensed by the Secretary of State as a dealer, but is required by law to have a dealer's license because of the person or business/legal entity's business practices.
Unregistered abandoned scrap vehicle	Is abandoned, at least 7 years old, is inoperable or extensively damaged so that repairing the vehicle for safe operation exceeds the fair market value, and is not currently registered in Michigan or does not display current-year registration plates from another state.
VIN	Vehicle Identification Number - A unique identifier for a vehicle. For modern vehicles, the VIN is seventeen characters long.