G.O. 5.21 - Abandoned Motor Vehicles

Purpose

  • Establishes standardized guidelines for Norwich Police Department (NPD) personnel when dealing with abandoned motor vehicles (AMVs).
  • Ensures compliance with Connecticut General Statute (C.G.S.) § 14-150, thereby minimizing civil liability and safeguarding public safety.
  • Reinforces that violations of this General Order (GO) lead only to departmental discipline; civil or criminal penalties derive from statutory law, not the order itself.

Policy

  • NPD will process and dispose of every motor vehicle deemed "abandoned" on public or private property according to the procedures in this GO and C.G.S. § 14-150.
  • Vehicles constituting an immediate traffic or safety hazard can be removed without the standard 24-hour waiting period.
  • NPD involvement begins upon a complaint by the owner, owner’s lawful agent, or lessee of the affected property.

Key Definitions

  • Intentionally Abandoned Motor Vehicles
    • Stripped or partially stripped; no/invalid plates; or damaged to the point of being a public nuisance.
    • Left with no intent of removal.
  • Unintentionally Abandoned Motor Vehicles
    • Disabled by mechanical failure, blocking snow removal, traffic flow, or illegally parked when the operator cannot be located.
  • Accident-Related Vehicles
    • Inoperable due to collisions.
  • Unregistered Motor Vehicles
    • Not registered per motor-vehicle statutes; often involve C.G.S. 14-147\text{C.G.S. } 14\text{-147} (Misuse of Plates) or C.G.S. 14-12a\text{C.G.S. }14\text{-12a} (Operating Unregistered MV).
  • Abandoned Motor Vehicle Officer (AMV Officer)
    • Officer designated by the Chief of Police to investigate and manage AMV issues.

Procedure

A. Abandoned Motor Vehicles – General
  • Abandonment for >2424 hours on any highway or non-owner property (without consent) is an infraction (C.G.S. § 14-150(a)).
  • "Last owner of record" in DMV files is presumed the person who abandoned the vehicle.
  • Immediate removal allowed if the AMV is a traffic/public-health hazard—no 2424-hour wait.
  • Private-property AMV complaints must be investigated before telling the owner it is strictly a civil matter.
  • If a tenant owns the vehicle or had permission to leave it, the situation is civil; NPD action ceases and the property owner must pursue civil remedies.
B. Responsibilities
1. Initial Responding Officer
  • Have complaining party complete "Request for Inspection of Abandoned Motor Vehicle – Private Property."
  • Run registration and stolen-vehicle checks; tow immediately if stolen.
  • Generate a case number and preliminary report; forward to AMV Officer.
  • Affix an NPD AMV notification sticker in a conspicuous spot; include case number.
  • Attempt to contact last registered owner; advise that towing occurs after 2424 hours if not removed.
2. Abandoned Motor Vehicle Officer
  • Verify case meets AMV criteria; if not, advise property owner of self-removal duty under C.G.S. § 14-145.
  • Issue H-109 form to property owner.
  • Complete Case Incident Report including:
    • Date/time sticker affixed.
    • Year, make, model, color, registration or VIN.
    • Vehicle condition and exact location.
    • Notification status of the vehicle owner (and why not notified, if applicable).
  • Arrange tow per C.G.S. § 14-150; only Boyd’s Auto or Kleemann’s Auto may tow via H-109.
  • Notify vehicle owner (if known) by registered mail re: tow and next steps.
  • File all statutory/departmental paperwork (H-109 to tow company and DMV).
  • Take enforcement (e.g., infraction ticket) against last registered owner when possible.
  • Ensure Records Division logs every officer-initiated removal, storage, or tow.
C. Towing Guidelines
  • No AMV tows on Fridays, Saturdays, or the day before a holiday. Rationale: administrative offices are closed, delaying mandatory notifications.
  • Officer must finish the full police report before end of shift on tow day.
  • Prior to tow: complete motor-vehicle inventory and photograph vehicle (per Motor Vehicle Inventory directive).
  • If circumstances stop an officer or Records Division from finishing required paperwork/notification the same or next day, the vehicle must not be towed.
  • Post-tow, officer completes H-114 form.
  • Tow selection:
    • Meets H-109 prerequisites → Boyd’s or Kleemann’s.
    • Does not meet H-109 → next rotational wrecker on NPD list.
D. Owner’s Right to Contest
  • Owner may challenge legality of the tow via DMV form A-25.
  • Filing deadline: 1010 days from owner’s receipt of tow notification.
  • Hearings conducted by DMV-designated hearing officer; A-25 forms available at NPD HQ.

Forms, Records & Documentation

  • H-109 – Authorization / notification of abandoned-vehicle tow (property-owner copy, tow-operator copy, DMV copy, NPD file copy).
  • H-114 – Post-tow documentation (completed by towing officer).
  • Request for Inspection of Abandoned Motor Vehicle – Private Property – Initial complaint form.
  • DMV A-25 – Owner’s appeal form.
  • All paperwork retained by Records Division; provides evidentiary chain and protects against liability.

Statutory Framework & Legal Significance

  • C.G.S. § 14-150: Core authority to remove AMVs; details infractions, owner liability, notice requirements.
  • C.G.S. § 14-145: Property owner’s independent right to remove non-AMV vehicles parked without consent.
  • C.G.S. § 14-147 & § 14-12a: Related offenses concerning misuse of plates and operating unregistered vehicles—often discovered during AMV investigations.
  • Department accreditation reference: Standard 2.5.18 a, c—requires agencies to have written directives on towing and motor-vehicle inventories.

Practical / Ethical Implications

  • Swift removal of hazardous AMVs safeguards motorists and pedestrians.
  • Clear due-process (notification & appeal) protects owners’ property rights, avoiding unlawful seizure claims (4th4\text{th} Amendment).
  • Restricting weekend/holiday tows balances enforcement with fairness—ensures owners can timely contest or retrieve vehicles.
  • Thorough documentation and photographs mitigate departmental liability by proving legal compliance.

Connections to Broader Patrol Functions

  • Integrates with existing Motor Vehicle Inventory Policy (search & asset protection while in police custody).
  • Supports community-policing goals: removes neighborhood blight, fosters positive relations with property owners.
  • Cross-references GO 5.x series on Patrol Functions, evidencing holistic patrol procedures (traffic control, accident response, parking enforcement, etc.).