Sd Eform 1791 V3 - Notice Of Abandoned Motor Vehicle Page 2
Download a blank fillable Sd Eform 1791 V3 - Notice Of Abandoned Motor Vehicle in PDF format just by clicking the "DOWNLOAD PDF" button.
Open the file in any PDF-viewing software. Adobe Reader or any alternative for Windows or MacOS are required to access and complete fillable content.
Complete Sd Eform 1791 V3 - Notice Of Abandoned Motor Vehicle with your personal data - all interactive fields are highlighted in places where you should type, access drop-down lists or select multiple-choice options.
Some fillable PDF-files have the option of saving the completed form that contains your own data for later use or sending it out straight away.
ADVERTISEMENT
1
2Transfer of Ownership on Abandoned Vehicle
A. No removal agency may remove abandoned, wrecked, or impounded or junk motor vehicles or other scrap metals from
private property without written permission of the landowner or tenant.
B. The Department of Revenueshall provide the removal agency with the last known address of the record holder of title
and any readily identifiable lienholders free of charge.
C. If a removal agency removes any unattended vehicle from a public street or highway and the removal is not at the written
request of the owner, an authorized agent of the owner, or a law enforcement officer, the removal agency must report the
removal to the owner within 24 hours of removing the vehicle. If the removal agency is unable to contact the owner, the
removal agency must report the removal to the county sheriff, if the removal occurred outside any municipality, or to the
chief of police, if the removal occurred inside any municipality, within 24 hours of removing the vehicle. Failure to make a
report is a Class 2 misdemeanor. Further, if a removal agency fails to make a report, the removal agency is not entitled to
any towing or storage fees for the removed vehicle and no such fees may be billed or collected by the removal agency.
D. The following procedures shall apply:
1. Within *ten to forty five days after any abandoned, junk, wrecked or impounded motor vehicle or other scrap metal has
been removed, the removal agency shall send written notice by certified mail to the registered owner, if any, of the
abandoned, junk, wrecked or impounded motor vehicle or scrap metal and to all readily identifiable lien holders of
record at their last known address. The notice shall set forth the date and place of the taking, the year, the make,
model and serial number of the abandoned motor vehicle and the place where the vehicle is being held, and shall
inform the owner and any lien holders of their right to reclaim the vehicle. The notice shall be on a form provided by the
Department of Revenue. (*If the removal agency does not give notice within 10 days from the date of removal, no
storage may be charged beyond the 10-day period until the notice is mailed.) Failure to send written notice within
45 days of removal, or if owner information is not readily available, failure to publish notice within 45 days of removal,
prohibits application for an abandoned vehicle title.
2. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lien
holders, a notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was
abandoned. Published notices may be grouped together for convenience and economy. The notice shall set forth the
date and place of the taking, the year, make, model and serial number of the abandoned vehicle and the place where
the vehicle is being held. The notice shall inform the owner and any lienholders of their right to reclaim the vehicle.
3. If the record holder of title fails to claim and remove the vehicle within thirty (30) days, title to the vehicle is irrevocably
vested in the removal agency.
E. The removal agency shall then apply to the Department of Revenue for a regular or junk vehicle title. If the condition of the
vehicle does not deem it a junk vehicle, the agency shall apply for a standard certificate of title. Such title shall carry a
notation of “A” in the transaction field on the title document, to represent an abandoned vehicle.
F. If the owner or lienholder does not surrender the title of the vehicle or scrap metal to the removal agency, the agency shall
submit the following to the county treasurer:
1. A completed application for motor vehicle title.
2. Copy of the written notice sent to the registered owner of record and the lien holder (if applicable), or a copy of the
newspaper notice.
3. The original (green) return receipt indicating to whom the certified notice was sent (registered owner of record and lien
holder if applicable).
4. The landowners written permission if the vehicle was towed from private property.
5. A title fee in the amount of $5.00.
G. Prior to issuance of title, the Department of Revenue will verify the vehicle information against the stolen vehicle file. If
the vehicle is found to be stolen, title will not be issued.
H. The removal agency may elect to register the vehicle after the abandoned vehicle title is issued. At the time of registration,
the applicant must pay the 3% excise tax based on the NADA book value (if applicable), any license fees and a $5.00 title
fee.
I.
If a vehicle is left for repairs, an abandoned title cannot be obtained. Application should be made under the mechanics
lien procedures. For mechanics lien information, please contact your local county register of deeds.
J.
Any owner that abandons a vehicle on any public highway or right-of-way is civilly liable to the towing
company for the expense of towing and storing the vehicle. A violation is a class 1 misdemeanor. A person convicted of
abandoning a vehicle shall be ordered to pay a fine of $500. The court shall suspend the fine if the person pays the towing
and storage expenses. (SDCL 32-30-12.2 and 32-30-18.1)
1.
PRINT FOR MAILING
CLEAR FORM
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Financial