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 (§ 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. 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.
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 § 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.
1997, c. 431; 2017, c. 350; 2021, Sp. Sess. I, c. 374.
Structure Code of Virginia
Chapter 12 - Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking
§ 46.2-1200.1. Abandoning motor vehicles prohibited; penalty
§ 46.2-1200.2. Vehicles registered to active duty military personnel
§ 46.2-1200.3. Limitation on removal and sale of abandoned vehicles
§ 46.2-1202. Search for owner and secured party; notice
§ 46.2-1202.1. Vehicle Removal Certificates
§ 46.2-1202.2. Notice of intent to auction and sale of vehicle; posting requirements
§ 46.2-1203. Sale of vehicle at public auction by locality; disposition of proceeds
§ 46.2-1205. Disposition of inoperable abandoned vehicles
§ 46.2-1207. Certification of disposal; reimbursement of locality by Commissioner
§ 46.2-1209. Unattended or immobile vehicles, generally
§ 46.2-1210. Motor vehicles immobilized by weather conditions, accidents, or emergencies
§ 46.2-1211. Removal of motor vehicles obstructing movement; storage; payment of costs
§ 46.2-1214. Sale of personal property found in unattended or abandoned vehicles
§ 46.2-1217. Local governing body may regulate certain towing
§ 46.2-1217.1. Towing of certain large vehicles; civil penalty
§ 46.2-1218. Reports by persons in charge of garages, parking places, etc.; unclaimed vehicles
§ 46.2-1219. Regulation of vehicular and pedestrian traffic on certain parking lots
§ 46.2-1222. Regulation of parking on secondary highways by certain counties
§ 46.2-1222.2. Local ordinances prohibiting parking of certain vehicles
§ 46.2-1224. County ordinances prohibiting certain parking in streets and highways
§ 46.2-1224.1. Local ordinances regulating certain parking; penalty
§ 46.2-1225. Enforcement provisions in city or county parking ordinances
§ 46.2-1226. Enforcement of regulations governing parking in Capitol Square
§ 46.2-1227. Enforcement of state regulations governing parking on primary and secondary highways
§ 46.2-1228. Enforcement of parking regulations of boards of visitors of educational institutions
§ 46.2-1230. Authority of counties, cities, and towns to issue parking permits
§ 46.2-1231.1. Immunity from liability for certain towing
§ 46.2-1232. Localities may regulate removal or immobilization of trespassing vehicles
§ 46.2-1233. Localities may regulate towing fees
§ 46.2-1233.1. Limitation on charges for towing and storage of certain vehicles
§ 46.2-1233.3. Improper towing; penalty
§ 46.2-1235. Authority of Chesterfield County law-enforcement officers to issue parking tickets
§ 46.2-1239. Parking in certain locations; penalty
§ 46.2-1239.1. (Contingent expiration date - See Editor's note) Potomac River Bridge Towing Compact