16-222 C.M.R. ch. 10
CHIEF OF STATE POLICE
VEHICLES IMPOUNDED PURSUANT TO 29 MRSA S1312-G
SUMMARY: This chapter outlines the procedures governing the transportation, storage and release of vehicles impounded pursuant to the O.U.I. forfeiture statute, 29 M.R.S.A. §1312-G.
The purpose of this rule is to establish an orderly mechanism for the transportation, storage and release by the Chief of the State Police of vehicles seized pursuant to 29 MRSA S1312-G when the owner-operator has waived any claim for damage, other than intentional damage by an agent of the law enforcement agency seizing or storing the vehicle, and asks the State to impound the vehicle until the owner-operator's right to operate in this State has been restored.
The Chief of the State Police, once notified in writing by a District Attorney that an owner-operator has agreed to and the court has so ordered impoundment of at vehicle for a given period of time, may cause that vehicle to be transported to and stored at a designated facility, provided all towing and storage expenses accrued to date have been paid by the District Attorney's office. The Chief of the State Police will also require a copy of the waiver for a claim of damage by the owner-operator from the District Attorney before assuming possession.
The Chief of the State Police or his designee shall cause the vehicle to be stored at a State or private facility and may cause a vehicle to be secured in whatever manner he/she deems fit to provide for retention until it is to be released.
The vehicle need not be stored indoors and any damage done to the vehicle due to weather or other conditions shall not be the responsibility of the Bureau of State Police; unless it is intentional damage done by an agent of the State Police in the towing or storage of the vehicle.
The owner-operator may at any time change his/her election to have the vehicle
impounded and designate his/her desire to sell the vehicle by notifying the Chief of the State Police in writing. The Chief of the State Police, after notifying the District Attorney's office, shall release the vehicle when the owner-operator shows adequate proof of completed change of ownership, for example, but not limited to, a new title in the buyer's name and a -valid registration, if registration is required by the method of removal. The owner-operator shall also have paid all towing and storage costs accrued to the day of release.
The Chief of the State Police shall not allow the vehicle to be test-driven or otherwise removed from its storage area and is under no obligation to allow inspection by potential buyers of the vehicle.
All towing and storage costs accrued by the Bureau of State Police shall be paid by the District Attorney's Office if the impoundment is for -the entire duration of the owner-operator's license suspension (or by the owner-operator if he/she chooses to change his/her election and sell the vehicle. The Chief of the State Police, upon request by the District Attorney,, may waive any or all towing and storage charges which would otherwise be paid by the District Attorney's office.
Any vehicle impounded at the request of the owner-operator shall be deemed abandoned if not claimed by an owner within 30 days after the owner-operator's term of suspension has expired or the actual restoration of the owner-operator's right to operate, whichever occurs first. 'Vie Chief of the State Police shall notify the District Attorney when a vehicle remains unclaimed so that the District Attorney may seek title on behalf of the State. once notified that title has been obtained by the District Attorney and all towing and storage costs have been paid by his/her office, the Chief of the State Police shall cause the vehicle to be removed to State Surplus or another location designated by the District Attorney for auction.
AUTHORITY: 29 MRSA S1312-G (7).
EFFECTIVE DATE: June 17, 1989
EFFECTIVE DATE (ELECTRONIC CONVERSION): MAY 15, 1996