Legality of Taking Abandoned Cars from Highway

Often, abandoned cars can be seen on the side of highways or roads. However, the legal situation surrounding such vehicles can be quite complex. This article will explore whether one can legally take abandoned cars off the road after a period of time, along with the procedures and legal implications involved.

Understanding a Vehicle's VIN

A vehicle has a unique VIN (Vehicle Identification Number) that is registered with the government. This identification number can be used to determine the current owner of the vehicle. If you are not the owner of the vehicle, taking it without permission would be considered theft. Theft is a serious offense that can lead to significant legal consequences.

Legal Procedures for Abandoned Vehicles in NSW, Australia

In New South Wales (NSW), Australia, the process for dealing with abandoned vehicles involves several steps: Notification: The police, a private citizen, or a local council informs the Council Ranger about the abandoned vehicle's existence. Tagging and Check: The Council will tag the vehicle, conduct a registration/VIN check, and contact the last recorded owner. Owner's Responsibility: The owner has the opportunity to remove the vehicle. The owner is also advised that any costs incurred after this point will be their responsibility. Third-Party Interests: If the VIN check reveals a third-party interest (like a bank or finance company), they are expected to take possession of the vehicle. Auction: The third party will typically auction the vehicle to recover any outstanding debt. Costs are still the owner's responsibility. Auction Participation: If the owner does not come forward, the vehicle is then sold. In this situation, you might be allowed to make a bid. Depending on the auction process, the buyer may need to pay for removal, storage, and preparation for auction over and above the sale price. Once the vehicle is purchased, it is legally yours.

It is important to note that vehicles sold at auction usually sell for much less than their wholesale or retail value. Dealers often buy these vehicles, prepare them for sale, and sell them through their lots with minimal maintenance.

Why Taking Abandoned Cars is Not Allowed

No one, including private individuals, has the legal right to take or remove someone else's property from a public street or highway. If a car is abandoned, the police must take the necessary steps to remove it. Taking a car without proper authorization is illegal and can result in charges of theft.

Only Towing Companies Can Legally Remove Abandoned Cars

The only legal way to remove an abandoned car from the highway is through a contracted towing company. However, even towing companies must comply with the storage and impoundment requirements as outlined by the relevant authorities.

Conclusion

Abandoned cars are a significant issue in many communities. However, if you wish to deal with a vehicle in such a situation legally, it is crucial to follow the prescribed procedures. Unauthorized removal and possession of abandoned vehicles can result in legal complications and penalties. If you find an abandoned vehicle and wish to take further action, contact the appropriate authorities or a licensed towing company.