{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1209.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1209.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1209.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1209.html"}],"law_id":74116,"edition_id":1,"section_id":74116,"structure_id":15956,"section_number":"46.2-1209","catch_line":"Unattended or immobile vehicles, generally","history":"Code 1950, \u00a7 46-5; 1952, c. 508; 1958, c. 541, \u00a7 46.1-2; 1964, c. 103; 1972, cc. 267, 402, 408; 1976, c. 454; 1978, cc. 47, 605; 1988, c. 293; 1989, cc. 256, 727; 2006, cc. 874, 891; 2012, c. 474; 2020, c. 977; 2021, Sp. Sess. I, c. 374; 2024, c. 232.","full_text":"A\n\nThe provisions of this article shall not apply to any motor vehicle, trailer, semitrailer, or part or combination thereof that weighs less than 75 pounds.B\n\nNo person shall leave any motor vehicle, trailer, semitrailer, or part or combination thereof immobilized or unattended on or adjacent to any roadway if it constitutes a hazard in the use of the highway. No person shall leave any immobilized or unattended motor vehicle, trailer, semitrailer, or part or combination thereof longer than 24 hours on or adjacent to any roadway outside the corporate limits of any city or town, or on an interstate highway or limited access highway, expressway, or parkway inside the corporate limits of any city or town. Any law-enforcement officer or other uniformed employee of the local law-enforcement agency who specifically is authorized to do so by the chief law-enforcement officer or his designee may remove it or have it removed to a storage area for safekeeping and shall report the removal to the Department and to the owner of the motor vehicle, trailer, semitrailer, or combination as promptly as possible. Before obtaining possession of the motor vehicle, trailer, semitrailer, or combination, its owner or successor in interest to ownership shall pay to the parties entitled thereto all costs incidental to its removal or storage. In any violation of this section the owner of such motor vehicle, trailer, semitrailer or part or combination of a motor vehicle, trailer, or semitrailer, shall be presumed to be the person committing the violation; however, this presumption shall be rebuttable by competent evidence.C\n\nWhen a motor vehicle, trailer, semitrailer, or part or combination of a motor vehicle, trailer, or semitrailer was stolen or illegally used by a person other than the owner of the vehicle at the time of the theft or used without his authorization, express or implied, it shall be forthwith returned to its owner or the owner’s successor in interest, other than an insurance company, who shall be relieved of the payment of any costs charged by the towing operator or storage facility for its daily storage, towing, and recovery fees, provided that the owner removes the vehicle within five business days following the owner’s receipt of written notice by certified mail, return receipt requested. If the vehicle’s owner fails to remove the vehicle within five days of receipt of such notice, the vehicle shall be released to the owner upon payment of the full costs of storage, towing, and recovery fees, and the owner shall then be entitled to seek reimbursement from the state treasury from the appropriation for criminal charges. The owner shall provide the report number and the name of the law-enforcement agency receiving the report that the motor vehicle was stolen, illegally used, or used without his permission and produce a valid motor vehicle registration or other proof of ownership to the employees of the facility wherein the motor vehicle, trailer, semitrailer or part or combination thereof is being stored. In any case in which the identity of the violator cannot be determined, or where it is found by a court that this section was not violated, the costs of daily storage, towing, and recovery fees of the vehicle shall be reimbursed to the towing and recovery operator and paid out of the state treasury from the appropriation for criminal charges. Payment from the treasury shall be made no later than 45 days from the application for such payment. In all cases where an insurance company is the stolen vehicle owner’s successor in interest, the motor vehicle, trailer, semitrailer, or part or combination thereof shall be released to the insurance company upon presentation of a valid motor vehicle registration and payment by the insurance company to the towing operator or storage facility for its daily storage, towing, and recovery fees. The insurance company shall be entitled to seek reimbursement for the costs of the daily storage, towing, and recovery fees through the state treasury from the appropriation for criminal charges. If any person convicted of violating this section fails or refuses to pay these costs or if the identity or whereabouts of the owner is unknown and unascertainable after a diligent search has been made, the locality or its authorized agent in possession of the motor vehicle, trailer, semitrailer, or combination thereof shall treat the vehicle as an abandoned vehicle under the provisions of Article 1 (§ 46.2-1200 et seq.).","order_by":null,"text":{"0":{"id":266522,"text":"The provisions of this article shall not apply to any motor vehicle, trailer, semitrailer, or part or combination thereof that weighs less than 75 pounds.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":266523,"text":"No person shall leave any motor vehicle, trailer, semitrailer, or part or combination thereof immobilized or unattended on or adjacent to any roadway if it constitutes a hazard in the use of the highway. No person shall leave any immobilized or unattended motor vehicle, trailer, semitrailer, or part or combination thereof longer than 24 hours on or adjacent to any roadway outside the corporate limits of any city or town, or on an interstate highway or limited access highway, expressway, or parkway inside the corporate limits of any city or town. Any law-enforcement officer or other uniformed employee of the local law-enforcement agency who specifically is authorized to do so by the chief law-enforcement officer or his designee may remove it or have it removed to a storage area for safekeeping and shall report the removal to the Department and to the owner of the motor vehicle, trailer, semitrailer, or combination as promptly as possible. Before obtaining possession of the motor vehicle, trailer, semitrailer, or combination, its owner or successor in interest to ownership shall pay to the parties entitled thereto all costs incidental to its removal or storage. In any violation of this section the owner of such motor vehicle, trailer, semitrailer or part or combination of a motor vehicle, trailer, or semitrailer, shall be presumed to be the person committing the violation; however, this presumption shall be rebuttable by competent evidence.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":266524,"text":"When a motor vehicle, trailer, semitrailer, or part or combination of a motor vehicle, trailer, or semitrailer was stolen or illegally used by a person other than the owner of the vehicle at the time of the theft or used without his authorization, express or implied, it shall be forthwith returned to its owner or the owner’s successor in interest, other than an insurance company, who shall be relieved of the payment of any costs charged by the towing operator or storage facility for its daily storage, towing, and recovery fees, provided that the owner removes the vehicle within five business days following the owner’s receipt of written notice by certified mail, return receipt requested. If the vehicle’s owner fails to remove the vehicle within five days of receipt of such notice, the vehicle shall be released to the owner upon payment of the full costs of storage, towing, and recovery fees, and the owner shall then be entitled to seek reimbursement from the state treasury from the appropriation for criminal charges. The owner shall provide the report number and the name of the law-enforcement agency receiving the report that the motor vehicle was stolen, illegally used, or used without his permission and produce a valid motor vehicle registration or other proof of ownership to the employees of the facility wherein the motor vehicle, trailer, semitrailer or part or combination thereof is being stored. In any case in which the identity of the violator cannot be determined, or where it is found by a court that this section was not violated, the costs of daily storage, towing, and recovery fees of the vehicle shall be reimbursed to the towing and recovery operator and paid out of the state treasury from the appropriation for criminal charges. Payment from the treasury shall be made no later than 45 days from the application for such payment. In all cases where an insurance company is the stolen vehicle owner’s successor in interest, the motor vehicle, trailer, semitrailer, or part or combination thereof shall be released to the insurance company upon presentation of a valid motor vehicle registration and payment by the insurance company to the towing operator or storage facility for its daily storage, towing, and recovery fees. The insurance company shall be entitled to seek reimbursement for the costs of the daily storage, towing, and recovery fees through the state treasury from the appropriation for criminal charges. If any person convicted of violating this section fails or refuses to pay these costs or if the identity or whereabouts of the owner is unknown and unascertainable after a diligent search has been made, the locality or its authorized agent in possession of the motor vehicle, trailer, semitrailer, or combination thereof shall treat the vehicle as an abandoned vehicle under the provisions of Article 1 (§ 46.2-1200 et seq.).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15956,"edition_id":1,"name":"Immobilized and Unattended Vehicles","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13248,"metadata":{},"date_created":"2026-06-26 04:02:39","date_modified":"2026-06-26 04:02:39","permalink":{"id":229767,"object_type":"structure","relational_id":15956,"identifier":"2","token":"46.2\/III\/12\/2","url":"\/46.2\/III\/12\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13248,"edition_id":1,"name":"Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:44:31","date_modified":"2026-06-26 03:44:31","permalink":{"id":229707,"object_type":"structure","relational_id":13248,"identifier":"12","token":"46.2\/III\/12","url":"\/46.2\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74116,"structure_id":15956,"section_number":"46.2-1209","catch_line":"Unattended or immobile vehicles, generally","url":"\/46.2-1209\/","token":"46.2\/III\/12\/2\/46.2-1209","metadata":false},{"id":74430,"structure_id":15956,"section_number":"46.2-1210","catch_line":"Motor vehicles immobilized by weather conditions, accidents, or emergencies","url":"\/46.2-1210\/","token":"46.2\/III\/12\/2\/46.2-1210","metadata":false},{"id":85250,"structure_id":15956,"section_number":"46.2-1211","catch_line":"Removal of motor vehicles obstructing movement; storage; payment of costs","url":"\/46.2-1211\/","token":"46.2\/III\/12\/2\/46.2-1211","metadata":false},{"id":69651,"structure_id":15956,"section_number":"46.2-1212","catch_line":"Authority to provide for temporary removal and disposition of vehicles involved in accidents","url":"\/46.2-1212\/","token":"46.2\/III\/12\/2\/46.2-1212","metadata":false},{"id":62123,"structure_id":15956,"section_number":"46.2-1212.1","catch_line":"Authority to provide for removal and disposition of vehicles and cargoes of vehicles involved in accidents","url":"\/46.2-1212.1\/","token":"46.2\/III\/12\/2\/46.2-1212.1","metadata":false},{"id":75425,"structure_id":15956,"section_number":"46.2-1213","catch_line":"Removal and disposition of unattended or immobile vehicles; ordinances in counties, cities, and towns","url":"\/46.2-1213\/","token":"46.2\/III\/12\/2\/46.2-1213","metadata":false},{"id":66076,"structure_id":15956,"section_number":"46.2-1214","catch_line":"Sale of personal property found in unattended or abandoned vehicles","url":"\/46.2-1214\/","token":"46.2\/III\/12\/2\/46.2-1214","metadata":false},{"id":79942,"structure_id":15956,"section_number":"46.2-1215","catch_line":"Leaving vehicles on private property prohibited; authority of counties, cities, and towns to provide for removal and disposition; notice of disposition","url":"\/46.2-1215\/","token":"46.2\/III\/12\/2\/46.2-1215","metadata":false}],"next_section":{"id":74430,"structure_id":15956,"section_number":"46.2-1210","catch_line":"Motor vehicles immobilized by weather conditions, accidents, or emergencies","url":"\/46.2-1210\/","token":"46.2\/III\/12\/2\/46.2-1210","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1209\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 508; in 1958, chapter 541; in 1964, chapter 103; in 1972, chapters 267, 402, and 408; in 1976, chapter 454; in 1978, chapters 47 and 605; in 1988, chapter 293; in 1989, chapters 256 and 727; in 2006, chapters 874<\/a> and 891<\/a>; in 2012, chapter 474<\/a>; in 2020, chapter 977<\/a>; in 2024, chapter 232<\/a>.<\/p>","references":[{"id":82474,"section_number":"46.2-118","catch_line":"Prohibited acts by tow truck drivers and towing and recovery operators","order_by":null,"url":"\/46.2-118\/"},{"id":75992,"section_number":"46.2-1202","catch_line":"Search for owner and secured party; notice","order_by":null,"url":"\/46.2-1202\/"},{"id":74430,"section_number":"46.2-1210","catch_line":"Motor vehicles immobilized by weather conditions, accidents, or emergencies","order_by":null,"url":"\/46.2-1210\/"},{"id":60919,"section_number":"46.2-1217","catch_line":"Local governing body may regulate certain towing","order_by":null,"url":"\/46.2-1217\/"},{"id":71754,"section_number":"46.2-644.01","catch_line":"Lien of keeper of vehicles","order_by":null,"url":"\/46.2-644.01\/"}],"refers_to":[{"id":61628,"section_number":"46.2-1200","catch_line":"Definitions","order_by":null,"url":"\/46.2-1200\/"}],"permalink":{"id":229769,"object_type":"law","relational_id":74116,"identifier":"46.2-1209","token":"46.2\/III\/12\/2\/46.2-1209","url":"\/46.2-1209\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1209\/","token":"46.2\/III\/12\/2\/46.2-1209","dublin_core":{"Title":"Unattended or immobile vehicles, generally","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1209","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The provisions of this article shall not apply to any motor vehicle<\/span>, trailer<\/span>, semitrailer<\/span>, or part or combination thereof that weighs less than 75 pounds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No person shall leave any motor vehicle<\/span>, trailer<\/span>, semitrailer<\/span>, or part or combination thereof immobilized or unattended on or adjacent to any roadway<\/span> if it constitutes a hazard in the use of the highway<\/span>. No person shall leave any immobilized or unattended motor vehicle<\/span>, trailer<\/span>, semitrailer<\/span>, or part or combination thereof longer than 24 hours on or adjacent to any roadway<\/span> outside the corporate limits of any city or town, or on an interstate highway<\/span> or limited access highway<\/span>, expressway, or parkway inside the corporate limits of any city or town. Any law<\/span>-enforcement officer<\/span> or other uniformed employee of the local law<\/span>-enforcement agency who specifically is authorized to do so by the chief law<\/span>-enforcement officer<\/span> or his designee may remove it or have it removed to a storage area for safekeeping and shall report the removal to the Department<\/span> and to the owner<\/span> of the motor vehicle<\/span>, trailer<\/span>, semitrailer<\/span>, or combination as promptly as possible. Before obtaining possession<\/span> of the motor vehicle<\/span>, trailer<\/span>, semitrailer<\/span>, or combination, its owner<\/span> or successor in interest to ownership shall pay to the parties entitled thereto all costs incidental to its removal or storage. In any violation of this section the owner<\/span> of such motor vehicle<\/span>, trailer<\/span>, semitrailer<\/span> or part or combination of a motor vehicle<\/span>, trailer<\/span>, or semitrailer<\/span>, shall be presumed to be the person committing the violation; however, this presumption<\/span> shall be rebuttable by competent evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When a motor vehicle<\/span>, trailer<\/span>, semitrailer<\/span>, or part or combination of a motor vehicle<\/span>, trailer<\/span>, or semitrailer<\/span> was stolen or illegally used by a person other than the owner<\/span> of the vehicle at the time of the theft or used without his authorization, express or implied, it shall be forthwith returned to its owner<\/span> or the owner<\/span>’s successor in interest, other than an insurance company, who shall be relieved of the payment of any costs charged by the towing operator or storage facility for its daily storage, towing, and recovery fees, provided that the owner<\/span> removes the vehicle within five business days following the owner<\/span>’s receipt of written notice by certified mail, return receipt requested. If the vehicle’s owner<\/span> fails to remove the vehicle within five days of receipt of such notice, the vehicle shall be released to the owner<\/span> upon payment of the full costs of storage, towing, and recovery fees, and the owner<\/span> shall then be entitled to seek reimbursement from the state treasury from the appropriation for criminal charges. The owner<\/span> shall provide the report number and the name of the law<\/span>-enforcement agency receiving the report that the motor vehicle<\/span> was stolen, illegally used, or used without his permission and produce a valid motor vehicle<\/span> registration or other proof of ownership to the employees of the facility wherein the motor vehicle<\/span>, trailer<\/span>, semitrailer<\/span> or part or combination thereof is being stored. In any case in which the identity of the violator cannot be determined, or where it is found by a court<\/span> that this section was not violated, the costs of daily storage, towing, and recovery fees of the vehicle shall be reimbursed to the towing and recovery operator<\/span> and paid out of the state treasury from the appropriation for criminal charges. Payment from the treasury shall be made no later than 45 days from the application for such payment. In all cases where an insurance company is the stolen vehicle owner<\/span>’s successor in interest, the motor vehicle<\/span>, trailer<\/span>, semitrailer<\/span>, or part or combination thereof shall be released to the insurance company upon presentation of a valid motor vehicle<\/span> registration and payment by the insurance company to the towing operator or storage facility for its daily storage, towing, and recovery fees. The insurance company shall be entitled to seek reimbursement for the costs of the daily storage, towing, and recovery fees through the state treasury from the appropriation for criminal charges. If any person convicted of violating this section fails or refuses to pay these costs or if the identity or whereabouts of the owner<\/span> is unknown and unascertainable after a diligent search has been made, the locality or its authorized agent<\/span> in possession<\/span> of the motor vehicle<\/span>, trailer<\/span>, semitrailer<\/span>, or combination thereof shall treat the vehicle as an abandoned vehicle under the provisions of Article 1 (§ 46.2-1200<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNATTENDED OR IMMOBILE VEHICLES, GENERALLY (\u00a7 46.2-1209)\n\nA. The provisions of this article shall not apply to any motor vehicle, trailer,\nsemitrailer, or part or combination thereof that weighs less than 75 pounds.\n\nB. No person shall leave any motor vehicle, trailer, semitrailer, or part or\ncombination thereof immobilized or unattended on or adjacent to any roadway if\nit constitutes a hazard in the use of the highway. No person shall leave any\nimmobilized or unattended motor vehicle, trailer, semitrailer, or part or\ncombination thereof longer than 24 hours on or adjacent to any roadway outside\nthe corporate limits of any city or town, or on an interstate highway or limited\naccess highway, expressway, or parkway inside the corporate limits of any city\nor town. Any law-enforcement officer or other uniformed employee of the local\nlaw-enforcement agency who specifically is authorized to do so by the chief\nlaw-enforcement officer or his designee may remove it or have it removed to a\nstorage area for safekeeping and shall report the removal to the Department and\nto the owner of the motor vehicle, trailer, semitrailer, or combination as\npromptly as possible. Before obtaining possession of the motor vehicle, trailer,\nsemitrailer, or combination, its owner or successor in interest to ownership\nshall pay to the parties entitled thereto all costs incidental to its removal or\nstorage. In any violation of this section the owner of such motor vehicle,\ntrailer, semitrailer or part or combination of a motor vehicle, trailer, or\nsemitrailer, shall be presumed to be the person committing the violation;\nhowever, this presumption shall be rebuttable by competent evidence.\n\nC. When a motor vehicle, trailer, semitrailer, or part or combination of a motor\nvehicle, trailer, or semitrailer was stolen or illegally used by a person other\nthan the owner of the vehicle at the time of the theft or used without his\nauthorization, express or implied, it shall be forthwith returned to its owner\nor the owner’s successor in interest, other than an insurance company, who\nshall be relieved of the payment of any costs charged by the towing operator or\nstorage facility for its daily storage, towing, and recovery fees, provided that\nthe owner removes the vehicle within five business days following the\nowner’s receipt of written notice by certified mail, return receipt\nrequested. If the vehicle’s owner fails to remove the vehicle within five\ndays of receipt of such notice, the vehicle shall be released to the owner upon\npayment of the full costs of storage, towing, and recovery fees, and the owner\nshall then be entitled to seek reimbursement from the state treasury from the\nappropriation for criminal charges. The owner shall provide the report number\nand the name of the law-enforcement agency receiving the report that the motor\nvehicle was stolen, illegally used, or used without his permission and produce a\nvalid motor vehicle registration or other proof of ownership to the employees of\nthe facility wherein the motor vehicle, trailer, semitrailer or part or\ncombination thereof is being stored. In any case in which the identity of the\nviolator cannot be determined, or where it is found by a court that this section\nwas not violated, the costs of daily storage, towing, and recovery fees of the\nvehicle shall be reimbursed to the towing and recovery operator and paid out of\nthe state treasury from the appropriation for criminal charges. Payment from the\ntreasury shall be made no later than 45 days from the application for such\npayment. In all cases where an insurance company is the stolen vehicle\nowner’s successor in interest, the motor vehicle, trailer, semitrailer, or\npart or combination thereof shall be released to the insurance company upon\npresentation of a valid motor vehicle registration and payment by the insurance\ncompany to the towing operator or storage facility for its daily storage,\ntowing, and recovery fees. The insurance company shall be entitled to seek\nreimbursement for the costs of the daily storage, towing, and recovery fees\nthrough the state treasury from the appropriation for criminal charges. If any\nperson convicted of violating this section fails or refuses to pay these costs\nor if the identity or whereabouts of the owner is unknown and unascertainable\nafter a diligent search has been made, the locality or its authorized agent in\npossession of the motor vehicle, trailer, semitrailer, or combination thereof\nshall treat the vehicle as an abandoned vehicle under the provisions of Article\n1 (§ 46.2-1200 et seq.).\n\nHISTORY: Code 1950, \u00a7 46-5; 1952, c. 508; 1958, c. 541, \u00a7 46.1-2; 1964, c.\n103; 1972, cc. 267, 402, 408; 1976, c. 454; 1978, cc. 47, 605; 1988, c. 293;\n1989, cc. 256, 727; 2006, cc. 874, 891; 2012, c. 474; 2020, c. 977; 2021, Sp.\nSess. I, c. 374; 2024, c. 232.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}