{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1212.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1212.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1212.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1212.1.html"}],"law_id":62123,"edition_id":1,"section_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","history":"1997, c. 431; 2017, c. 350; 2021, Sp. Sess. I, c. 374.","full_text":"A\n\nAs a result of a motor vehicle accident or incident, the Department of State Police and\/or local law-enforcement agency in conjunction with other public safety agencies may, without the consent of the owner or carrier, remove:1\n\nA vehicle, cargo, or other personal property that has been (i) damaged or spilled within the right-of-way or any portion of a roadway in the primary state highway system and (ii) is blocking the roadway or may otherwise be endangering public safety; or2\n\nCargo or personal property that the Department of Transportation, the Department of Emergency Management, or the fire officer in charge has reason to believe is a hazardous material, hazardous waste, or regulated substance as defined by the Virginia Waste Management Act (§ 10.1-1400 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. § 1808 et seq.), or the State Water Control Law (§ 62.1-44.2 et seq.), if the Department of Transportation or applicable person complies with the applicable procedures and instructions defined either by the Department of Emergency Management or the fire officer in charge.B\n\nThe Department of Transportation, individuals or entities acting on behalf of a Department of Transportation safety service patrol program as defined in subsection B of § 46.2-920.1, individuals or entities acting pursuant to a contract with the Department of Transportation for, or that includes, traffic incident management services as defined in subsection B of § 46.2-920.1, the Department of State Police, the Department of Emergency Management, local law-enforcement agencies and other local public safety agencies and their officers, employees, and agents, and towing and recovery operators operating under the lawful direction of a law-enforcement officer or the Department of Transportation shall not be held responsible for any damages or claims that may result from the exercise of or the failure to exercise any authority granted under this section, provided they are acting reasonably.C\n\nThe owner and carrier, if any, of the vehicle, cargo, or personal property removed or disposed of under the authority of this section shall reimburse the Department of Transportation, individuals or entities acting on behalf of a Department of Transportation safety service patrol program as defined in subsection B of § 46.2-920.1, individuals or entities acting pursuant to a contract with the Department of Transportation for, or that includes, traffic incident management services as defined in 46.2-920.1, the Department of State Police, the Department of Emergency Management, local law-enforcement agencies, and local public safety agencies for all costs incurred in the removal and subsequent disposition of such property.","order_by":null,"text":{"0":{"id":226646,"text":"As a result of a motor vehicle accident or incident, the Department of State Police and\/or local law-enforcement agency in conjunction with other public safety agencies may, without the consent of the owner or carrier, remove:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":226647,"text":"A vehicle, cargo, or other personal property that has been (i) damaged or spilled within the right-of-way or any portion of a roadway in the primary state highway system and (ii) is blocking the roadway or may otherwise be endangering public safety; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":226648,"text":"Cargo or personal property that the Department of Transportation, the Department of Emergency Management, or the fire officer in charge has reason to believe is a hazardous material, hazardous waste, or regulated substance as defined by the Virginia Waste Management Act (§ 10.1-1400 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. § 1808 et seq.), or the State Water Control Law (§ 62.1-44.2 et seq.), if the Department of Transportation or applicable person complies with the applicable procedures and instructions defined either by the Department of Emergency Management or the fire officer in charge.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":226649,"text":"The Department of Transportation, individuals or entities acting on behalf of a Department of Transportation safety service patrol program as defined in subsection B of § 46.2-920.1, individuals or entities acting pursuant to a contract with the Department of Transportation for, or that includes, traffic incident management services as defined in subsection B of § 46.2-920.1, the Department of State Police, the Department of Emergency Management, local law-enforcement agencies and other local public safety agencies and their officers, employees, and agents, and towing and recovery operators operating under the lawful direction of a law-enforcement officer or the Department of Transportation shall not be held responsible for any damages or claims that may result from the exercise of or the failure to exercise any authority granted under this section, provided they are acting reasonably.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":226650,"text":"The owner and carrier, if any, of the vehicle, cargo, or personal property removed or disposed of under the authority of this section shall reimburse the Department of Transportation, individuals or entities acting on behalf of a Department of Transportation safety service patrol program as defined in subsection B of § 46.2-920.1, individuals or entities acting pursuant to a contract with the Department of Transportation for, or that includes, traffic incident management services as defined in 46.2-920.1, the Department of State Police, the Department of Emergency Management, local law-enforcement agencies, and local public safety agencies for all costs incurred in the removal and subsequent disposition of such property.","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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1212.1\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 431<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. 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. That modification is as follows: in 2017, chapter 350<\/a>.<\/p>","references":[{"id":81284,"section_number":"46.2-1231.2","catch_line":"Attorney fees and costs; towing and recovery operators","order_by":null,"url":"\/46.2-1231.2\/"},{"id":57236,"section_number":"46.2-841","catch_line":"When overtaking vehicle may pass on right","order_by":null,"url":"\/46.2-841\/"}],"refers_to":[{"id":84539,"section_number":"10.1-1400","catch_line":"Definitions","order_by":null,"url":"\/10.1-1400\/"},{"id":79642,"section_number":"46.2-920.1","catch_line":"Operation of tow trucks or vehicles owned or controlled by the Department of Transportation under certain circumstances; incident management","order_by":null,"url":"\/46.2-920.1\/"},{"id":54640,"section_number":"62.1-44.2","catch_line":"Short title; purpose","order_by":null,"url":"\/62.1-44.2\/"}],"permalink":{"id":229785,"object_type":"law","relational_id":62123,"identifier":"46.2-1212.1","token":"46.2\/III\/12\/2\/46.2-1212.1","url":"\/46.2-1212.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1212.1\/","token":"46.2\/III\/12\/2\/46.2-1212.1","dublin_core":{"Title":"Authority to provide for removal and disposition of vehicles and cargoes of vehicles involved in accidents","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1212.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As a result of a motor vehicle<\/span> accident or incident, the Department<\/span> of State Police and\/or local law<\/span>-enforcement agency in conjunction with other public safety agencies may, without the consent of the owner<\/span> or carrier, remove: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A vehicle, cargo, or other personal property that has been (i) damaged or spilled within the right-of-way or any portion of a roadway<\/span> in the primary state highway<\/span> system and (ii) is blocking the roadway<\/span> or may otherwise be endangering public safety; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Cargo or personal property that the Department<\/span> of Transportation, the Department<\/span> of Emergency Management, or the fire officer in charge has reason to believe is a hazardous material<\/span>, hazardous waste, or regulated substance as defined by the Virginia Waste Management Act (§ 10.1-1400<\/a> et seq.), the Hazardous Materials<\/span> Transportation Act (49 U.S.C. § 1808 et seq.), or the State Water Control Law<\/span> (§ 62.1-44.2<\/a> et seq.), if the Department<\/span> of Transportation or applicable person complies with the applicable procedures and instructions defined either by the Department<\/span> of Emergency Management or the fire officer in charge. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> of Transportation, individuals or entities acting on behalf of a Department<\/span> of Transportation safety service patrol program as defined in subsection B of § 46.2-920.1<\/a>, individuals or entities acting pursuant to a contract<\/span> with the Department<\/span> of Transportation for, or that includes, traffic incident management services as defined in subsection B of § 46.2-920.1<\/a>, the Department<\/span> of State Police, the Department<\/span> of Emergency Management, local law<\/span>-enforcement agencies and other local public safety agencies and their officers, employees, and agents<\/span>, and towing and recovery operators<\/span> operating under the lawful direction of a law<\/span>-enforcement officer<\/span> or the Department<\/span> of Transportation shall not be held responsible for any damages<\/span> or claims that may result from the exercise of or the failure to exercise any authority granted under this section, provided they are acting reasonably. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The owner<\/span> and carrier, if any, of the vehicle, cargo, or personal property removed or disposed of under the authority of this section shall reimburse the Department<\/span> of Transportation, individuals or entities acting on behalf of a Department<\/span> of Transportation safety service patrol program as defined in subsection B of § 46.2-920.1<\/a>, individuals or entities acting pursuant to a contract<\/span> with the Department<\/span> of Transportation for, or that includes, traffic incident management services as defined in 46.2-920.1<\/a>, the Department<\/span> of State Police, the Department<\/span> of Emergency Management, local law<\/span>-enforcement agencies, and local public safety agencies for all costs incurred in the removal and subsequent disposition<\/span> of such property. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY TO PROVIDE FOR REMOVAL AND DISPOSITION OF VEHICLES AND CARGOES OF\nVEHICLES INVOLVED IN ACCIDENTS (\u00a7 46.2-1212.1)\n\nA. As a result of a motor vehicle accident or incident, the Department of State\nPolice and\/or local law-enforcement agency in conjunction with other public\nsafety agencies may, without the consent of the owner or carrier, remove:\n\n 1. A vehicle, cargo, or other personal property that has been (i) damaged or\n spilled within the right-of-way or any portion of a roadway in the primary\n state highway system and (ii) is blocking the roadway or may otherwise be\n endangering public safety; or\n\n 2. Cargo or personal property that the Department of Transportation, the\n Department of Emergency Management, or the fire officer in charge has reason\n to believe is a hazardous material, hazardous waste, or regulated substance as\n defined by the Virginia Waste Management Act (§ 10.1-1400 et seq.), the\n Hazardous Materials Transportation Act (49 U.S.C. § 1808 et seq.), or the\n State Water Control Law (§ 62.1-44.2 et seq.), if the Department of\n Transportation or applicable person complies with the applicable procedures\n and instructions defined either by the Department of Emergency Management or\n the fire officer in charge.\n\nB. The Department of Transportation, individuals or entities acting on behalf of\na Department of Transportation safety service patrol program as defined in\nsubsection B of § 46.2-920.1, individuals or entities acting pursuant to a\ncontract with the Department of Transportation for, or that includes, traffic\nincident management services as defined in subsection B of § 46.2-920.1,\nthe Department of State Police, the Department of Emergency Management, local\nlaw-enforcement agencies and other local public safety agencies and their\nofficers, employees, and agents, and towing and recovery operators operating\nunder the lawful direction of a law-enforcement officer or the Department of\nTransportation shall not be held responsible for any damages or claims that may\nresult from the exercise of or the failure to exercise any authority granted\nunder this section, provided they are acting reasonably.\n\nC. The owner and carrier, if any, of the vehicle, cargo, or personal property\nremoved or disposed of under the authority of this section shall reimburse the\nDepartment of Transportation, individuals or entities acting on behalf of a\nDepartment of Transportation safety service patrol program as defined in\nsubsection B of § 46.2-920.1, individuals or entities acting pursuant to a\ncontract with the Department of Transportation for, or that includes, traffic\nincident management services as defined in 46.2-920.1, the Department of State\nPolice, the Department of Emergency Management, local law-enforcement agencies,\nand local public safety agencies for all costs incurred in the removal and\nsubsequent disposition of such property.\n\nHISTORY: 1997, c. 431; 2017, c. 350; 2021, Sp. Sess. I, c. 374.","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}}