WHY WAS MY VEHICLE IMPOUNDED?

Indiana law provides that law enforcement agencies to impound ("tow") a motor vehicle when the driver is in violation of certain provisions. Some of these are as follows:

 

Indiana Code 9-13-2-1 Abandoned Vehicle

 

Sec. 1. "Abandoned vehicle" means the following:

        (1) A vehicle located on public property illegally.

        (2) A vehicle left on public property without being moved for twenty-four (24) hours.

        (3) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way.

        (4) A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than forty-eight (48) hours.

        (5) A vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property.

        (6) A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than this chapter if the impounded vehicle is not claimed or redeemed by the owner or the owner's agent within twenty (20) days after the vehicle's removal.

        (7) A vehicle that is at least three (3) model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than twenty (20) days.  For the purpose of this subdivision, a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.

 

Indiana Code 9-22-1-11 Tagging Abandoned Vehicle or Parts

 

Sec. 11. An officer who finds or is notified of a vehicle or parts believed to be abandoned shall attach in a prominent place a notice tag containing the following information:

         (1) The date, time, officer's name, public agency, and address and telephone number to contact for information.

         (2) That the vehicle or parts are considered abandoned.

         (3) That the vehicle or parts will be removed: 

              (A) twenty-four (24) hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the   

              state highway system under IC 8-23-4; or

              (B) seventy-two (72) hours, for any other vehicle.

         (4) That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle.

         (5) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within:

              (A) twenty-four (24) hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the

              state highway system under IC 8-23-4; or

              (B) seventy-two (72) hours, for any other vehicle.

 

Indiana Code 9-22-1-5 Discovery of possession by person other than vehicle owner

 

Sec. 5. When an officer discovers a vehicle in the possession of a person other than the owner of the vehicle and the person cannot establish the right to possession of the vehicle, the vehicle shall be taken to and stored in a suitable place determined by the officer.

 

Indiana Code 9-18-2-43 Impounding vehicles; improper certificates of registration and plates

 

Sec. 43. (a) Notwithstanding any law to the contrary but except as provided in subsection (b), a law enforcement officer authorized to enforce motor vehicle laws who discovers a vehicle required to be registered under this article that does not have the proper certificate of registration or license plate:

         (1) shall take the vehicle into the officer's custody; and

         (2) may cause the vehicle to be taken to and stored in a suitable place until:

                  (A) the legal owner of the vehicle can be found; or

                  (B) the proper certificate of registration and license plates have been procured.

(b) Except as provided in IC 9-21-21-7(b), a law enforcement officer who discovers a vehicle in violation of the registration provisions of this article has discretion in the impoundment of any of the following:

         (1) Perishable commodities.

         (2) Livestock.

Indiana Code 9-21-16-3 Removal of vehicle from traveled portion of highway

 

Sec. 3. Whenever a police officer finds a vehicle standing upon a highway in violation of this chapter, the officer may require the person driving the vehicle or other person in charge of the vehicle to move the vehicle to a position off the paved, improved, or main traveled part of the highway. If:

         (1) a person directed by an officer fails or refuses to move the vehicle; or

         (2) the vehicle is unattended;

the officer may provide for the removal of the vehicle to the nearest available garage or other place of safety.

Indiana Code 9-18-8-7 Inspections; impoundment

 

Sec. 7. If a law enforcement officer is unable to determine the manufacturer's identification number or the special identification number by an external inspection of a vehicle, the law enforcement officer may impound the vehicle for up to forty-eight (48) hours for the purpose of determining the manufacturer's identification number or special identification number by an inspection of the internal or otherwise hidden identification numbers.

 
Other Reasons
 
(1) The driver's license is suspended/revoked for any reason and he or she does not have a passenger with a valid license.
 
(2) The driver's license is expired and he or she does not have a passenger with a valid license.
 
(3) The driver is under the legal age for consuming alcohol and has tested positive for alcohol or controlled substances.
 
(4) The driver is in a vehicle crash and does not have proof of financial responsibility such as, but not limited to, automobile insurance.
 
(5) The operator of a motorcyle, as defined by Indiana Statute:
     (a) does not have a motorcycle endorsement;
     (b) has a motorcycle endorsement , but:
           (i) is not wearing a proper helmet;
           (ii) is riding between dusk and dawn; and/or
           (iii) is transporting a passenger.
 
(6) The operator of ANY motor vehicle, requiring a driver's license, as defined by Indiana Statute that is in violation of the Bureau of Motor Vehicle's imposed license restrictions.  Some of those restrictions are, but not limited to:
      (a) Outside rearview mirror;
      (b) Glasses or Contact Lenses (prescription); and/or
      (c) Hand Controls
 
 
 
 
 
 
Disclaimer:  This page is not being provided as legal advice.  Individuals needing legal advice should consult with a competent attorney. 


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