SubTitle14-150-1_14-150-15. Hearings Procedures for Motor Vehicles Taken into Custody Pursuant to Section 14-150, Title14 Motor Vehicles. Use of the Highway by Vehicles. Gasoline, Regulations of Connecticut State Agencies

Regulations of Connecticut State Agencies (Last Updated: June 14,2023)

Title14 Motor Vehicles. Use of the Highway by Vehicles. Gasoline

SubTitle14-150-1_14-150-15. Hearings Procedures for Motor Vehicles Taken into Custody Pursuant to Section 14-150

Sec. 14-150-1. Definitions

Latest version.

(a) "Hearing officer" means that person duly and properly appointed, according to these regulations and Section 14-150 to conduct hearings under the provisions of Sections 14-150 and 14-307 of the General Statutes.

(b) "Appointing official" means that person or persons authorized to appoint hearing officers pursuant to Section 14-150 of the General Statutes.

(Effective January 26, 1977; Amended December 8, 1997)

Sec. 14-150-2. Qualifications, appointment and removal of hearing officers

Latest version.

(a) Hearing officers shall be appointed by the chief executive officer of each town, except that when two or more towns join in making such appointment they shall appoint one hearing officer among the several towns involved.

(b) No person shall be appointed to the position of hearing officer unless such person is:

(1) At least eighteen years of age;

(2) In the opinion of the appointing official, a person capable of fairly administering the applicable provisions of law based on such person's background and experience, including but not limited to his education, special skills and training, and history of criminal and motor vehicle violations.

(c) The names and addresses of the hearing officers shall be sent by the appointing official to the commissioner of motor vehicles.

(d) Any hearing officer whose personal interests do or may give the appearance of conflict with his official responsibilities herein enumerated shall remove himself from presiding over any such hearing, and in such case the appointing official shall appoint a substitute hearing officer for that hearing.

(e) Any hearing officer may be removed at any time by the appointing official for whatever reason such official deems sufficient.

(Effective January 26, 1977)

Sec. 14-150-3. Hearing procedures

Latest version.

(a) Upon receipt of an application for hearing pursuant to subsection (e) of section 14-150 of the general statutes, or section 14-307 the hearing officer shall promptly schedule a hearing.

(b) Any party may for good cause request a continuance of a hearing, but the decision to allow such continuance will be at the reasonable discretion of the hearing officers.

(c) At the hearing, the owner of the motor vehicle may produce any relevant evidence to show that the towing of his vehicle was not authorized by section 14-150 or 14-307 of the General Statutes.

(d) At the hearing, the authority which made the decision to tow the motor vehicle may produce any relevant evidence to show that such towing was authorized by section 14-150 or 14-307 of the General Statutes.

(Effective April 27, 1988; Amended December 8, 1997)

Sec. 14-150-4. Final decision

Latest version.

(a) The hearing officer shall proceed with reasonable dispatch to conclude any matter pending before him and render a decision.

(b) The hearing officer shall provide both parties with written notice of his decision, which shall state the reason for his determination.

(Effective January 26, 1977)

Sec. 14-150-5. Report of sale of an unclaimed motor vehicle

Latest version.

Any garage owner, keeper, bailee for hire, tower or storage facility reporting the sale of an unclaimed motor vehicle to the commissioner of motor vehicles pursuant to section 14-150, 14-307 or section 49-61 of the General Statutes, shall include the following information:

(a) The sales price;

(b) The charges for storing, towing, repairs, if any, any other charges, and the total of all charges;

(d) The make, model and vehicle identification number of the motor vehicle, and the number plate, if any;

(e) The name and address of the motor vehicle owner on the records of the Department of Motor Vehicles, if available, at the time the motor vehicle came into possession of the garage owner, keeper, bailee for hire, tower or storage facility; and

(f) The name and address of the publication in which a notice of auction or advertisement of sale was published, the date of such publication, and a copy of the notice.

(Effective November 26, 1980; Amended December 8, 1997)

Sec. 14-150-6. Towers in compliance

Latest version.

The provisions of Sec. 14-150-6 to 14-150-8, inclusive, of this regulation shall apply to a tower who is the operator of a motor vehicle wrecker business who is in compliance with the provisions of section 14-66 of the General Statutes who:

(a) Tows and stores a motor vehicle abandoned within the limits of a highway as provided in section 14-150 of the General Statutes.

(b) Tows a motor vehicle abandoned within the limits of a highway as provided in section 14-150 to a storage facility for which the storage operator has filed a schedule of storage charges pursuant to section 14-66.

(Effective April 24, 1987)

Sec. 14-150-7. Issuance of certificate of title

Latest version.

Any tower, as provided in section 14-150-6, who complies with the provisions of section 14-150-6 and this section shall be entitled to the issuance of a Connecticut certificate of title to such towed motor vehicle provided the tower submits to the commissioner of motor vehicles certification that such tower or storage operator towed such motor vehicle from within the limits of a highway and has complied with the provisions of subsection (g) of section 14-150 of the General Statutes as amended by Section 1 of Public Act No. 87-372 governing the sale of an abandoned motor vehicle. The certification shall include a statement as to the reasons why the public sale pursuant to section 14-150 did not result in the abandoned motor vehicle being sold. In addition, if the value of the motor vehicle exceeds the storage charges, the certification shall include a statement that any amount in excess of the storage charges has been paid to the owner of the motor vehicle or if the owner cannot be identified or located, that such excess has been deposited in a bank licensed to do business in this state. Any amount so deposited shall remain on deposit for a period of one year during which the motor vehicle owner may make demand on the depositor for the payment of such funds and any accrued interest. If a period of one year elapses without such funds being paid to the owner they shall escheat to the state.

(Effective April 27, 1988)

Sec. 14-150-8. Value of vehicle; issuance of certificate of title

Latest version.

No title to any motor vehicle with a value in excess of $500.00 shall be issued in the name of any tower if such tower claimed to have more than one hundred and fifty days of storage charges due the tower at the time such motor vehicle was offered at auction pursuant to section 14-150-7 have been complied with, the vehicle has been presented for and passed the same inspection as is required of used motor vehicles not previously registered in Connecticut and a hearing held by the commissioner or his designee for the purpose of determining that the applicable requirements of sectfion 14-150 of the general statutes and sections 14-150-6 to sections 14-150-8, inclusive, of the Regulations of Connecticut State Agencies have been met. If the commissioner or his designee conducting such hearing determines that the current market value of the motor vehicle on the date of the advertised auction sale was at least $2,500.00, he or she shall order such motor vehicle to be auctioned at a "dealer to dealer auction" as provided in section 14-65-2 of the Regulations of Connecticut State Agencies. In the event the motor vehicle is not sold at such auction, the commissioner or his designee shall order that a certificate of title be issued in the name of the tower.

(Effective April 24, 1987)

Sec. 14-150-9. Acquired title to abandoned motor vehicle

Latest version.

When any municipality that has acquired title to an abandoned motor vehicle pursuant to subsection (d) of section 14-150 of the General Statutes, as amended by section 1 of Public Act 87-372, transfers the ownership of said vehicle, it shall complete the form H-109 supplied by the commissioner and furnish the same to the transferee in lieu of a certificate of title.

(Effective April 27, 1988)

Sec. 14-150-10. Definitions

Latest version.

As used in Sections 14-150-10 through 14-150-15, inclusive, the following words and phrases shall have the following meanings:

(1) “Abandon” means to leave at a campground, without the consent of the campground owner, any recreational vehicle for a period of not less than thirty (30) days after (a) the expiration of a campground agreement, or (b) the failure to pay rental fees in accordance with the terms of any campground agreement in effect;

(2) "Camper” means a person, or the lessee, successor or assignee of a person, entitled to the use of a site at a campground under a campground agreement, to the exclusion of others;

(3) “Campground” means a recreational place or site where a person or groups of people are lodged temporarily;

(4) “Campground agreement” means any written agreement or lease that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a site at a campground;

(5) “Campground owner” means the owner or operator of a campground, such owner’s agent, or any other person authorized by such owner to manage the campground or to receive rent from a camper under a rental agreement;

(6) “Commissioner” means the Commissioner of Motor Vehicles;

(7) “Department” means the Department of Motor Vehicles;

(8) “Lienholder” means a person recorded in the title records of the department as holding a security interest in a recreational vehicle;

(9) “Recreational vehicle” has the same meaning as defined in section 14-1 of the Connecticut General Statutes;

(10) “Recreational vehicle owner” means the person or persons named on a recreational vehicle certificate of title and any registration documents;

(11) “Secured party” means a person with a security interest in a recreational vehicle duly recorded with the Secretary of the State; and

(12) "VIN" means the vehicle identification number of a recreational vehicle.

(Effective June 30, 2015)

Sec. 14-150-11. Registration of campground

Latest version.

In order to dispose of any recreational vehicle abandoned at a campground, the campground owner shall comply with all procedures set forth in sections 14-150-10 to 14-150-15, inclusive, of the Regulations of Connecticut State Agencies. Prior to the sale or other disposition of a recreational vehicle under sections 14-150-10 to 14-150-15, inclusive, of the Regulations of Connecticut State Agencies, the campground owner shall be required to register its business with the commissioner by submitting such information pertaining to the campground as the commissioner requires including, but not limited to, a copy of the campground agreement used by the campground owner for the use and occupancy of a site or sites at the campground. Such information shall be provided on a form approved by the commissioner and shall be kept in the records of the department. The campground owner shall notify the commissioner not later than ten (10) days after any change in the information submitted to the department under this section. Upon successfully registering with the department, the owner shall be assigned an identifying number.

(Effective June 30, 2015)

Sec. 14-150-12. Preliminary requirements. Sale or other disposition of an abandoned recreational vehicle

Latest version.

(a) Upon registering with the commissioner and prior to disposing of an abandoned recreational vehicle in accordance with sections 14-150-10 to 14-150-15, inclusive, of the Regulations of Connecticut State Agencies, the campground owner shall contact the Title Division of the department, in writing, for the purpose of determining the name and address of such recreational vehicle owner, and the name and address of any lienholder that are reflected in the records of the department. When contacting the department, the campground owner shall be required to provide, in writing:

(1) The campground owner’s identifying number as designated by the department;

(2) The make and model of each abandoned recreational vehicle and the VIN that appears on such vehicle; and

(3) If number plates are on or in an abandoned recreational vehicle, any registration number that appears on such number plates or any registration number that appears on a registration certificate if such certificate is available to the campground owner.

(b) When the campground owner provides the department with the information specified in subsection (a) of this section, the department shall provide the name and address of each recreational vehicle owner and lienholder reflected in its records for each recreational vehicle for which a VIN is provided by the campground owner. If the department has no recreational vehicle owner or lienholder information on file for any recreational vehicle for which the campground owner has provided a VIN, such recreational vehicle shall not be disposed of under the procedures specified in sections 14-150-10 to 14-150-15, inclusive, of the Regulations of Connecticut State Agencies.

(c) Prior to disposing of an abandoned recreational vehicle in accordance with sections 14-150-10 to 14-150-15, inclusive, of the Regulations of Connecticut State Agencies, the campground owner shall conduct a search of the records of the Secretary of the State to determine the identity of any secured party to the abandoned recreational vehicle.

(Effective June 30, 2015)

Sec. 14-150-13. Notice to camper, recreational vehicle owner, lienholder and secured party

Latest version.

Not later than ten (10) days after the department provides information pertaining to any recreational vehicle owner and lienholder, the campground owner shall send a written notice to: (1) the recreational vehicle owner and lienholder identified in subsection (b) of section 14-150-12 of the Regulations of Connecticut State Agencies; (2) if different from such recreational vehicle owner, the camper upon whose site the recreational vehicle was abandoned; and (3) to any secured party identified in the records of the Secretary of the State. The notice shall contain the campground owner’s contact information, shall be sent by certified mail, return receipt requested, and shall contain the following:

(1) The make, model, year and VIN of the recreational vehicle;

(2) The date of abandonment by the camper;

(3) The name of each camper identified in the campground agreement;

(4) The amount, if any, the camper or recreational vehicle owner owes to the campground owner under a campground agreement and the date by which the camper or recreational vehicle owner must claim the recreational vehicle and pay the amount owed, if any; and

(5) A statement that the campground owner intends to dispose of the recreational vehicle in accordance with the requirements of sections 14-150-14 and 14-150-15 of the Regulations of Connecticut State Agencies if such vehicle is not claimed by the date specified.

(Effective June 30, 2015)

Sec. 14-150-14. Filing notice of intent to transfer title with the commissioner

Latest version.

(a) Not sooner than sixty (60) days after the date of abandonment by the camper, the campground owner shall file with the department, on a form approved by the commissioner, a notice of intent to transfer title for each recreational vehicle which the campground owner claims has been abandoned and for which the campground owner has sent the notice required in section 14-150-13 of the Regulations of Connecticut State Agencies. The notice of intent to transfer shall contain the following:

(1) The make, model, year and VIN of such recreational vehicle;

(2) The date such recreational vehicle arrived at the campground as evidenced by any campground agreement;

(3) The date of abandonment by the camper;

(4) The registration number, if any number plates are on or displayed in the recreational vehicle; and

(5) The name of the recreational vehicle owner and, if different from such vehicle owner, the name of the camper who has abandoned such recreational vehicle.

(b) Each notice of intent to transfer shall be accompanied by the abandoning camper’s signed campground agreement and such other documents as the commissioner may require, including the notice or notices to the camper, lienholder, secured party and the recreational vehicle owner if such recreational vehicle owner is not the camper, sent in accordance with section 14-150-13 of the Regulations of Connecticut State Agencies. A fee of five dollars ($5.00) shall be payable to the department for each notice of intent to transfer that the campground owner files.

(c) Each recreational vehicle for which the department receives a notice of intent to transfer under subsection (a) of this section shall be subject to such checks of its VIN as the commissioner may require. If any check of the VIN reveals that a recreational vehicle that is subject to transfer has been reported as stolen, the commissioner shall immediately notify the campground owner, and the campground owner shall not dispose of the recreational vehicle under the procedures set forth in sections 14-150-10 to 14-150-15, inclusive, of the Regulations of Connecticut State Agencies.

(d) Not later than ten (10) days after receipt of information pursuant to subsections (a),(b) and (c) of this section, the commissioner shall notify the campground owner whether the requirements of subsections (a), (b) and (c) of this section have been met for each recreational vehicle that the campground owner intends to transfer. Notice from the department that the campground owner has not met the requirements in such subsections for any recreational vehicle shall result in the department’s refusal to issue title in the event of a transfer of such recreational vehicle.

(Effective June 30, 2015)

Sec. 14-150-15. Sale or other disposition of recreational vehicles

Latest version.

(a) In order to remove from the campground an abandoned recreational vehicle that has been approved for transfer of title pursuant to section 14-150-14 of the Regulations of Connecticut State Agencies, the campground owner may sell such recreational vehicle at a public sale or dispose of such vehicle by any other legal means. The campground owner shall allocate the proceeds in the following order: (1) to pay the expenses of such sale or other disposition; (2) to satisfy any lien or liens that are recorded on the title records of the department; (3) to satisfy the amount claimed under a security interest duly recorded with the Secretary of the State and (4) to pay any amounts owed to the campground owner under the campground agreement for the site occupied by the abandoned recreational vehicle.

(b) For each recreational vehicle that is to be sold or disposed of under subsection (a) of this section, the campground owner shall publish an advertisement or notice of the date, time and place of the public sale or other disposition of such recreational vehicle in a newspaper of substantial circulation in or near the municipality where the campground is located. Such advertisement or notice shall be published at least twice within a period of not less than ten (10) days preceding the date of such sale or other disposition. The notice or advertisement shall include:

(1) A description of the abandoned recreational vehicle;

(2) The name of the camper, the address of the campground and the name or number, if any, of the site where the recreational vehicle is located; and

(3) The date, time, place and manner of the sale or other disposition.

(c) The campground owner shall send a copy of the advertisement or notice of sale or other disposition described in subsection (b) of this section to the recreational vehicle owner, lienholder, secured party and the camper, if different from the vehicle owner, at their addresses of record, by certified mail, return receipt requested.

(d) At any time prior to the sale or other disposition of a recreational vehicle that has been deemed abandoned, the lienholder, recreational vehicle owner, or camper who has written authorization from the recreational vehicle owner may remove the recreational vehicle from the campground owner’s property after payment to the campground owner of all fees associated with preparing the recreational vehicle for sale as set forth in sections 14-150-13 to 14-150-15, inclusive, of the Regulations of Connecticut State Agencies, and any fees that are owed to the campground owner under a campground agreement.

(e) The campground owner shall provide to the purchaser or person taking possession of a recreational vehicle sold or disposed of under this section proof that notice of the sale or other disposition was published in accordance with subsection (b) of this section and that notice of the sale or other disposition was sent to the recreational vehicle owner, the lienholder, secured party and the camper, if different from the vehicle owner, in accordance with subsection (c) of this section. Copies of advertisements or notices from any newspaper in which the advertisements or notices were published shall satisfy the requirements for subsection (b) of this section, and copies of notices and certified mail receipts to the recreational vehicle owner, lienholder, secured party and the camper, if different from the vehicle owner shall satisfy the requirements of subsection (c) of this section.

(f) The campground owner shall provide the purchaser of a recreational vehicle sold under this section with a bill of sale.

(g) The campground owner shall provide the purchaser or person taking possession of a recreational vehicle sold or disposed of under this section with an affidavit, on a form approved by the commissioner, in which the campground owner provides such information as the commissioner may require regarding the sale or other disposition of the vehicle, and attests that the campground owner has allocated the proceeds in accordance with subsection (a) of this section.

(h) If any proceeds remain from the sale of an abandoned recreational vehicle after the distribution specified in subsection (a) of this section, such remaining proceeds shall be returned to the recreational vehicle owner or, if no owner is known, shall escheat to the state.

(Effective June 30, 2015)