BILL AS INTRODUCED H.329
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H.329 1
Introduced by Representative Rachelson of Burlington 2
Referred to Committee on 3
Date: 4
Subject: Motor vehicles; involuntary towing and storage; abandoned vehicles; 5
consumer protection 6
Statement of purpose of bill as introduced: This bill proposes to establish 7
certain consumer protections related to the towing and storage of abandoned 8
motor vehicles. 9
An act relating to the towing and storage of abandoned motor vehicles 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 23 V.S.A. § 2151 is amended to read: 12
§ 2151. DEFINITIONS 13
As used in this subchapter: 14
(1)(A) “Abandoned motor vehicle” means: 15
(i) a motor vehicle that has remained on public or private property 16
or on or along a highway for more than 48 96 hours without the consent of the 17
owner or person in control of the property and has a valid registration plate or 18
public vehicle identification number that has not been removed, destroyed, or 19
altered; or 20 BILL AS INTRODUCED H.329
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(ii) a motor vehicle that has remained on public or private property 1
or on or along a highway without the consent of the owner or person in control 2
of the property for any period of time if: 3
(I) the vehicle does not have a valid registration plate or the 4
public vehicle identification number has been removed, destroyed, or altered; 5
or 6
(II) a law enforcement officer has requested that the vehicle be 7
removed by a towing business. 8
(B) “Abandoned motor vehicle” does not include: 9
(i) a vehicle or other equipment used or to be used in construction 10
or in the operation or maintenance of highways or public utility facilities, 11
which is left in a manner that does not interfere with the normal movement of 12
traffic; or 13
(ii) a vehicle that is towed from a private tow-away zone. 14
* * * 15
Sec. 2. 23 V.S.A. § 2152 is amended to read: 16
§ 2152. AUTHORIZED REMOVAL OF ABANDONED MOTOR 17
VEHICLES 18
(a) Public property. A law enforcement officer is authorized to remove or 19
cause removal of an abandoned motor vehicle from public property, and may 20 BILL AS INTRODUCED H.329
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contact a towing service for its removal, based upon personal observation by 1
the officer that the vehicle is an abandoned motor vehicle. 2
(b) Private property. 3
(1) A law enforcement officer is authorized to remove or cause removal 4
of an abandoned motor vehicle from private property, and may contact a 5
towing service for its removal, based upon the request of the landowner on 6
whose property the vehicle is located and information indicating that the 7
vehicle is an abandoned motor vehicle. 8
(2) A landowner of private property is authorized to remove or cause 9
removal of an abandoned motor vehicle from that property or to any other 10
place on any property of the landowner, and may contact a towing service for 11
its removal. A landowner who removes or causes removal of an abandoned 12
motor vehicle shall immediately notify the police agency in the jurisdiction 13
from which the vehicle is removed and provide the registration plate number, 14
the public vehicle identification number, if available, and the make, model, and 15
color of the vehicle. The landowner may remove the vehicle from the place 16
where it is discovered to any other place on any property owned by him or her 17
the landowner, or cause the vehicle to be removed by a towing service under 18
the provisions of this subsection, without incurring any civil liability to the 19
owner of the abandoned vehicle. 20 BILL AS INTRODUCED H.329
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(c) Record of caller. 1
(1) If a towing service is summoned to tow an abandoned motor vehicle 2
by the landowner of private property, the towing service shall record the first 3
name, last name, and telephone number of the individual who summoned it to 4
the scene and the make, model, year, color, vehicle identification number 5
(VIN), and license plate number of the towed vehicle. 6
(2) If a towing company is summoned to tow an abandoned motor 7
vehicle by a law enforcement officer, the towing service shall record the 8
identity of the law enforcement officer and the log number, call number, 9
incident number, or dispatch number assigned to the incident as applicable. 10
(d) Visual documentation. Prior to towing a vehicle under this section, a 11
towing service shall take photographs, video, or other visual documentation to 12
evidence the location of the vehicle and any damages. 13
(e) Record retention and production. 14
(1) The towing service shall maintain a record of the information 15
described in subsections (c) and (d) of this section and shall retain that 16
information for three years from the date on which it tows the vehicle. 17
(2) The towing service shall make the records required to be maintained 18
under subdivision (1) of this subsection available within 48 hours after receipt 19
of a written request from law enforcement or the Department of Motor 20
Vehicles. 21 BILL AS INTRODUCED H.329
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(f) Storage. The towing service shall properly secure all towed vehicles 1
and make all reasonable efforts to prevent further damage, weather damage, or 2
theft to all towed vehicles, including the vehicle’s cargo and contents. 3
(g) Recovery of personal items. 4
(1) The towing service shall promptly allow the vehicle owner, or with 5
the vehicle owner’s written authorization the vehicle owners’ spouse, child, 6
sibling, or parent, to recover the following personal items from a towed vehicle 7
prior to the payment of charges for the towing and storage of the vehicle: 8
(A) child restraint systems, as defined in 49 C.F.R. § 571.213, or 9
child booster seats; 10
(B) eyeglasses; 11
(C) food; 12
(D) medicine; 13
(E) personal medical and health care devices; 14
(F) hearing aids; 15
(G) perishable property; 16
(H) operator’s licenses or privilege cards; 17
(I) Social Security card or other identifying document; 18
(J) cash, credit cards, checks, or checkbooks; 19 BILL AS INTRODUCED H.329
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(K) wallet, purse, or other item containing an operator’s license or 1
privilege card, cash, credit card, check, checkbook, Social Security card, 2
identifying document; and 3
(L) higher education textbooks and study materials. 4
(2) The towing service shall promptly allow an individual other than the 5
vehicle owner to recover any of the individual’s personal property from the 6
vehicle if the individual provides adequate proof that the property belongs to 7
the individual. 8
(h) Hearing on vehicle removal. 9
(1) A vehicle owner may file a petition in the Superior Court for the 10
county in which the owner resides or in which the owner’s motor vehicle is 11
located, to: 12
(A) contest whether the owner’s vehicle was an abandoned motor 13
vehicle at the time of its removal pursuant to subsection (a) or (b) of this 14
section; 15
(B) determine the reasonableness of any fees or charges assessed 16
pursuant to section 2155 of this subchapter; 17
(C) seek compensation for any damages to the owner’s vehicle or 18
damage to or loss of personal property in the vehicle; and 19 BILL AS INTRODUCED H.329
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(D) seek relief from any charges or fees related to the towing or 1
storage of the vehicle that were assessed in violation of the provisions of 2
section 2155 of this subchapter. 3
(2) Notice of the hearing shall be provided to the towing service, the 4
municipality if the vehicle was removed from public property, the private 5
property owner if the vehicle was removed from private property, and any 6
known lienholder for the vehicle. 7
(3) The court may award relief as it determines to be appropriate to a 8
vehicle owner who prevails in an action brought under this subsection, 9
including: 10
(A) injunctive relief, including release of the vehicle or a reduction in 11
fees or charges assessed in relation to the removal, towing, or storage of the 12
vehicle; 13
(B) actual damages; 14
(C) costs and reasonable attorney’s fees; and 15
(D) other appropriate relief. 16
Sec. 3. 23 V.S.A. § 2154 is amended to read: 17
§ 2154. IDENTIFICATION AND RECLAMATION OF ABANDONED 18
MOTOR VEHICLES 19
(a) The Department shall make a reasonable attempt to locate and provide 20
notice to an owner of an abandoned motor vehicle. 21 BILL AS INTRODUCED H.329
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(1)(A) If the abandoned motor vehicle is not identifiable by its 1
registration plates or public vehicle identification number, and if the 2
Department shall not more than 10 days after the date of the receipt of the 3
abandoned motor vehicle form publish a notice containing the following 4
information in a newspaper of general circulation in the county where the 5
motor vehicle was abandoned: 6
(i) a description of the vehicle, including the color, year, make, 7
and model; 8
(ii) a statement that if the owner of the vehicle cannot be 9
determined within the time period established pursuant to subdivision (B) of 10
this subdivision (a)(1), the Commissioner will issue a certificate of abandoned 11
motor vehicle with an appropriate title or salvage title; and 12
(iii) information regarding how the towing service storing the 13
vehicle can be contacted to claim the vehicle. 14
(B) If no owner can be determined within 21 days after the date of 15
receipt of the abandoned motor vehicle certification form, the Commissioner 16
shall issue a certificate of abandoned motor vehicle with an appropriate title or 17
salvage title. 18
* * * 19
(3) The Department shall maintain and keep current on its website a list 20
of vehicles for which an application for a certificate of abandoned motor 21 BILL AS INTRODUCED H.329
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vehicle has been filed and contact information for Department personnel to 1
whom evidence of ownership may be presented under subsection (b) of this 2
section. At a minimum, the list shall include the vehicle’s make; registration 3
plate number or public vehicle identification number, or both if available; 4
model; model year; and the name and contact information of the person who 5
applied for the certificate of abandoned motor vehicle. 6
(b) An owner or lienholder may reclaim an abandoned motor vehicle by 7
presenting to the Department satisfactory evidence of ownership, and paying or 8
reimbursing, or making arrangements to pay or reimburse, the towing agency, 9
the Department, or the landowner, as the case may be, any towing fee or 10
storage charges permitted under section 2155 of this title. 11
Sec. 4. 23 V.S.A. § 2155 is amended to read: 12
§ 2155. FEES AND CHARGES 13
(a) Towing fees. For towing an abandoned motor vehicle from private 14
property, a towing service may charge a reasonable fee that is not more than 15
$130.00 or $4.50 per mile towed, whichever is greater, to be paid by the 16
vehicle owner or the landowner of the private property. 17
(b) Storage charges. In addition to any towing fee, an owner or lienholder 18
reclaiming an abandoned motor vehicle may be charged and shall pay a fee for 19
the costs of storage of the vehicle that is not more than $35.00 per day, except 20
that no fee may be charged for storage for any period preceding the date upon 21 BILL AS INTRODUCED H.329
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which the form for abandoned motor vehicle certification is sent to the 1
Department. 2
Sec. 5. ABANDONED MOTOR VEHICLE S; WORKING GROUP; 3
REPORT 4
(a) Creation. There is created the Abandoned Motor Vehicle Working 5
Group to develop an equitable system for the disposal and sale of unclaimed, 6
abandoned motor vehicles. 7
(b) Membership. The Working Group shall be composed of the following 8
members: 9
(1) the Treasurer or designee; 10
(2) the Commissioner of Motor Vehicles of designee; 11
(3) the Attorney General or designee; 12
(4) a representative of municipal government designated by the Vermont 13
League of Cities and Towns; 14
(5) a representative of municipal law enforcement designated by the 15
Vermont Association of Chiefs of Police; and 16
(6) an individual designated by the Vermont Towing Association to 17
represent the interests of towing service operators. 18
(c) Powers and duties. The Working Group shall study the potential for 19
amending the process for the disposal or sale of unclaimed, abandoned motor 20
vehicles, including the following: 21 BILL AS INTRODUCED H.329
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(1) the benefits and drawbacks of the current procedure set forth in 1
Vermont law for: 2
(A) the removal of abandoned motor vehicles; 3
(B) identification and location of the owner of an abandoned motor 4
vehicle; 5
(C) providing notice to the owner of an abandoned motor vehicle; 6
and 7
(D) disposal or sale of an abandoned motor vehicle if the vehicle’s 8
owner cannot be identified or located or if the vehicle is not claimed; 9
(2) potential changes to the Vermont statutes to improve the process of 10
identifying and locating the owner of an abandoned motor vehicle and 11
providing notice to that owner of the abandoned motor vehicle; 12
(3) a process for disposing of abandoned motor vehicles with sufficient 13
value through public auctions; 14
(4) potential options for the disposal of abandoned motor vehicles that 15
lack sufficient value to be sold at public auction; 16
(5) an equitable process for the distribution of any proceeds from the 17
sale of abandoned motor vehicles at auction, including: 18
(A) payment of charges and fees related to towing and storage of the 19
abandoned motor vehicle; 20
(B) satisfaction of any liens on the abandoned motor vehicle; and 21 BILL AS INTRODUCED H.329
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(C) potential options for providing any remaining amounts to the 1
owner of the abandoned motor vehicle, including the potential for the 2
Unclaimed Property Division in the Office of the Treasurer to provide 3
assistance; and 4
(6) other potential uses for any proceeds from the sale of an abandoned 5
motor vehicle if the owner of the abandoned motor vehicle cannot be identified 6
or located. 7
(d) Assistance. The Working Group shall have the administrative, 8
technical, and legal assistance of the Office of the Treasurer and the technical 9
and legal assistance of the Department of Motor Vehicles. 10
(e) Report. On or before January 15, 2026, the Working Group shall 11
submit a written report to the House and Senate Committees on Transportation 12
with its findings and any recommendations for legislative action. 13
(f) Meetings. 14
(1) The Treasurer or designee shall call the first meeting of the Working 15
Group to occur on or before September 1, 2025. 16
(2) The Treasurer or designee shall be the chair. 17
(3) A majority of the membership shall constitute a quorum. 18
(4) The Working Group shall cease to exist on February 15, 2026. 19
(g) Compensation and reimbursement. Members of the Working Group 20
who are not otherwise compensated for their attendance at meetings shall be 21 BILL AS INTRODUCED H.329
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entitled to per diem compensation and reimbursement of expenses as permitted 1
under 32 V.S.A. § 1010 for not more than four meetings. These payments 2
shall be made from monies appropriated to the Office of the Treasurer. 3
Sec. 6. EFFECTIVE DATES 4
(a) This section and Sec. 5 shall take effect on passage. 5
(b) The remaining sections shall take effect on July 1, 2026. 6