                                 CODE OF VIRGINIA

AUTHORITY TO PROVIDE FOR REMOVAL AND DISPOSITION OF VEHICLES AND CARGOES OF
VEHICLES INVOLVED IN ACCIDENTS (§ 46.2-1212.1)

A. 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:

   1. 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

   2. 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 (&#xA7; 10.1-1400 et seq.), the
   Hazardous Materials Transportation Act (49 U.S.C. &#xA7; 1808 et seq.), or the
   State Water Control Law (&#xA7; 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. 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 &#xA7; 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 &#xA7; 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. 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 &#xA7; 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.

HISTORY: 1997, c. 431; 2017, c. 350; 2021, Sp. Sess. I, c. 374.