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 (Misuse of Plates) or C.G.S. 14-12a (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 >24 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 24-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 24 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: 10 days from owner’s receipt of tow notification.
- Hearings conducted by DMV-designated hearing officer; A-25 forms available at NPD HQ.
- 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 (4th 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.).