- Under what circumstances can a stolen vehicle be seized in your country?
If the police have reasonable grounds or documentation to believe that a vehicle is stolen, they have authority to seize it.
If the police have reasonable grounds to believe that a vehicle is evidence of a criminal offence, they may seize it.
The lawful owner or his representative may also take possession of the vehicle in certain circumstances.
Civil courts may grant orders of repossession to the lawful owner.
- What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
Interpol and appropriate other International law enforcement channels. In the case of rental vehicles, a representative of the rental company will be contacted to take custody of the vehicle.
- Who is responsible for the storage of seized vehicles?
State, Local, and in some cases Federal law enforcement agencies upon seizure.
- Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
Yes, varies from agency to agency. Some law enforcement agencies utilize agency approved government or private storage facilities, and other agencies utilize their own police impound lots.
The cost of storage is usually the responsibility of the owner of the vehicle.
- How does a stolen vehicle get restored to its legal owner?
Do the police have authority to restore the vehicle?
It is released by the law enforcement agency to the owner upon proof of ownership.
Is it the local court who authorities release of the vehicle?
The local court only has a function when there is dispute about ownership that cannot easily be resolved.
Is it necessary to have a “commission rogatoire” to recover the vehicle?
N/A
What documentation does the owner have to provide in order to recover the vehicle?
The owner or his representative will be required to produce receipts, registration documents or any other documents sufficient to satisfy the police that he is the lawful owner.
- Are there any time limits associated with recovery of the vehicle? (i.e. after a certain period of time the vehicle becomes the property of the state or police, etc.)?
No. If the vehicle is not claimed in an appropriate time frame, it is considered abandoned. An abandoned vehicle can be disposed of as scrap or salvaged and re-titled for sale.
- Please give details of relevant legislation
Varies from state to state and local regulation.
- If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
In the U.S., property remains stolen until restored to the owner, or other lawful authority, such as the police. No rights of ownership can be transferred by theft. The innocent purchaser does not acquire rights of ownership. However, state laws do provide a criminal offense for possessing stolen vehicles and may be the basis for prosecution, especially if the person who has possession of the vehicle is linked to the crime.
- Does your country have any bilateral treaties, conventions, or agreements with other countries dealing with the recovery of stolen property? If so, please describe how they operate and give details of the countries concerned
Unknown. Repatriation of vehicles to the owner may involve insurance companies or become a civil matter.
- Reference point, for assistance in case of difficulties
Interpol-USNCB.
Last update: January 2008