2025 Georgia Codes – Page 399

As used in this article, the term:
(1) “Abandoned motor vehicle” means a motor vehicle or trailer:
(A) Which has been left by the owner or some person acting for the owner with an automobile dealer, repair-
man, or wrecker service for repair or for some other reason and has not been called for by such owner or
other person within a period of 30 days after the time agreed upon; or within 30 days after such vehicle is
turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days
after the completion of necessary repairs;
(B) Which is left unattended on a public street, road, or highway or other public property for a period of at
least five days and when it reasonably appears to a law enforcement officer that the individual who left such
motor vehicle unattended does not intend to return and remove such motor vehicle. However, on the state
highway system, any law enforcement officer may authorize the immediate removal of vehicles posing a
threat to public health or safety or to mitigate congestion;
(C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer
and left there for a period of not less than 30 days without anyone having paid all reasonable current charg-
es for such towing and storage;
(D) Which has been lawfully towed onto the property of another at the request of a property owner on whose
property the vehicle was abandoned and left there for a period of not less than 30 days without anyone hav-
ing paid all reasonable current charges for such towing and storage; or
(E) Which has been left unattended on private property for a period of not less than 30 days.
(2) “Motor vehicle” or “vehicle” means a motor vehicle or trailer.
(3) “Owner” or “owners” means the registered owner, the owner as recorded on the title, lessor, lessee, secu-
rity interest holders, and all lienholders as shown on the records of the Department of Revenue or the records
from the vehicle’s state of registration.

As used in this article, the term:
(1) “Day” means a business day unless otherwise stated and shall not include Saturdays, Sundays, and legal
holidays recognized by the state.
(2) “Department” means the Department of Revenue or any entity that has an agreement with such depart-
ment to serve as an authorized entity to access information relating to motor vehicle ownership and dissemi-
nate such information upon request and which is identified as such an authorized entity on the website of the
Department of Revenue.
(3) “Motor vehicle” means every trailer and vehicle which is self-propelled.
(4) “Owner” means any secured interest holder with a current interest in a motor vehicle and person listed on
the registration of a motor vehicle found in the records of the department or in the records of the state where
the vehicle is registered.
(5) “Paid private parking lot” means private property where the owner or operator of a motor vehicle pays a
valuable consideration for the right to park in such location.
(6) “Repair facility” means any person maintaining physical custody of a motor vehicle for repairs that have
been requested or authorized by an owner or by an insurance company acting on behalf of an owner.
(7) “Salvage dealer” means any person taking possession of a motor vehicle from or upon request from
an insurance company which is damaged to the extent that its restoration to an operable condition would
require the replacement of two or more major component parts or for which the insurance company has paid
a total loss claim and has been unable to obtain a certificate of title.
(8) “Secured interest holder” means a secured party within the meaning of Code Section 11-9-102 or a person
with a perfected encumbrance pertaining to an interest in a motor vehicle.
(9) “Towing and storage firm” means any person regulated by the Department of Public Safety and in compli-
ance with requirements set forth in Code Section 44-1-13 who removes a motor vehicle from private or pub-
lic property with or without the consent of the motor vehicle owner or authorized user and provides storage
for such motor vehicle after removal.
(10) “Trailer” means a vehicle with or without motive power designed to be drawn by a motor vehicle;
provided, however, that such term shall not include a mobile home as such term is set forth in Code Section

(a) Any peace officer who finds a motor vehicle which has been left unattended on a highway for more than
five days, as evidenced by the date on an unattended vehicle check card, may cause such motor vehicle to be
removed to a garage or other place of safety.
(b) Any peace officer who finds a motor vehicle which has been left unattended on a highway and which
poses an immediate threat to public health or safety or traffic congestion may cause such motor vehicle to be
removed to a garage or other place of safety. Within 24 hours of causing an unattended motor vehicle to be
removed pursuant to this subsection, the peace officer shall query the criminal justice information system to
determine if the unattended motor vehicle has been entered into the criminal justice information system as a
stolen vehicle. If a removed vehicle has been reported as stolen, the peace officer shall place a phone call to
the law enforcement agency that filed such report, providing the name and address of the towing and storage
firm that removed the motor vehicle. The law enforcement agency receiving such phone call shall notify the
owner of the vehicle of the location of the motor vehicle.
(c) Any peace officer who causes an unattended motor vehicle to be removed pursuant to this Code section
shall be liable only for gross negligence.
(d) A towing and storage firm that has removed an unattended motor vehicle from public property at the
request of a peace officer shall, within three days of the removal, request from the department the identifica-
tion and addresses of all owners of such vehicle contained in the records of the department; provided, how-
ever, that if such vehicle has an out-of-state license plate, such request shall be made to the state where the
vehicle is registered or to an entity with access to such state’s vehicle registration information. The depart-
ment shall furnish the requested owner information no later than five days from the date the request was
received. The department may charge a fee of no more than $2.00 for such owner information. For purposes
of this subsection, an unattended motor vehicle shall include a motor vehicle required to be moved due to
arrest of the vehicle’s operator or any direction of a peace officer.
(e) Failure of a peace officer to comply with any provision of this Code section shall not limit the remedies
available to any person pursuant to this article.
Chapter 13
Prosecution of Traffic Offenses