General Orders Details

G10.3.5 Abandoned Vehicles

Chapter: Chapter 10: Traffic and Parking Services
Sub-Chapter: 10.3 - Ancillary Traffic Services
Effective Date: 05/24/2024
Revised Date: 05/24/2024
Rescinds: None

Purpose

To establish the guidelines the Indiana University Police Department (IUPD) will follow when towing abandoned or impounded vehicles.

General Order

The IUPD will tow vehicles in accordance with Indiana state statute or established University regulations. Records of vehicles that are towed under the authority of an IUPD officer will be maintained.

Definition

Abandoned vehicle – defined by Indiana Code (IC) 9-13-2-1 as meaning the following:

• A vehicle located on public property illegally.
• A vehicle left on public property without being moved for twenty-four (24) hours.
• A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way.
• A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than forty-eight (48) hours.
• A vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property.
• A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than this chapter if the impounded vehicle is not claimed or redeemed by the owner or the owner’s agent within twenty (20) days after the vehicle’s removal.
• A vehicle that is at least three (3) model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than twenty (20) days. For the purposes of this subdivision, a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.
• A vehicle:
  • that was repaired or stored at the request of the owner;
  • that has not been claimed by the owner; and
  • for which the reasonable value of the charges associated with the repair or storage remain unpaid more than thirty (30) days after the date on which the repair work is completed or the vehicle is first stored.

Identification of the circumstances and authority under which a vehicle may be removed (10.3.5 a)

IC 21-39-5-2 grants the Board of Trustees with the authority to regulate the traffic of motor vehicles, bicycles, other vehicles, and pedestrians on all streets, roads, paths, and grounds of real property owned, used, occupied, or controlled by Indiana University. Additionally, IC 21-39-5-3 grants the Board of Trustees authority to adopt regulations applicable to traffic and parking.

Indiana University Parking Operations (or the campus equivalent department) is primarily responsible for the enforcement of Indiana University’s regulations governing parking on all real property owned, used, occupied, or controlled by Indiana University. The IUPD may also enforce IU’s parking regulations on an as needed basis, including the removing and impounding of abandoned or illegally parked vehicles.

The decision to remove or impound a vehicle will not be conducted as a punitive measure, nor will it be based upon a person’s attitude or treatment of the officer(s). Removal and towing of vehicles from public property will be conducted in accordance with existing state statutes, university regulations, and departmental directives. Vehicle towing and/or impounds are accomplished with the goal of protecting personal property (the vehicle and contents) and protecting the University from the liability associated with separating the owner or person in rightful possession of a vehicle from their property. Officers will not normally tow vehicles from private property.

Any vehicle may be removed, towed, or otherwise impounded by officers of the IUPD which:

• violate state law and the applicable law enables this action;
• poses a traffic or safety hazard, including instances when the officer has a reasonable and good faith belief that the driver’s continued operation of the vehicle would be unsafe or pose a hazard to others;
• is stolen or improperly registered;
• is needed for evidence;
• is seized for forfeiture proceedings;
• is a vehicle where the arrest of the occupants leaves the vehicle unattended on a public roadway;
• is a vehicle where an arrest of the driver would leave the vehicle in the possession of an unqualified driver;
• is a vehicle where the arrest of the driver would leave the vehicle exposed to theft, vandalism or cause the vehicle to become a nuisance if not impounded; or
• violate established University parking regulations.

The removal of abandoned vehicles will be in accordance with procedures set forth in IC 9-22.

Maintaining records of a removed vehicle, its condition and location (10.3.5 b)

The tow file in the IUPD’s Records Management System (RMS) will be completed for each impounded vehicle. The tow file is an electronic form used to document the following, at minimum:

• the reason for the tow,
• the towed status with indication for any holds placed on the vehicle,
• the description and condition of the vehicle with a notation of any observed damage,
• towing company name,
• location where the vehicle was towed from and to, and
• the contents of the vehicle.

In accordance with IC 9-22-1-12, officers will complete a case report in the IUPD’s Records Management System for all abandoned vehicles that are towed.

Property inventory (10.3.5 c)

Officers will complete an inventory pursuant to tow in accordance with the procedures described in G2.2.5 Search and Seizure without a Warrant.

Related Information

Indiana Code

• 9-13-2-1 “Abandoned vehicle”
• 9-22 Abandoned, Salvaged, and Scrap Vehicles
• 21-39-5-2 Traffic regulations
• 21-39-5-3 Traffic and parking regulations

Indiana University Police Department

• F10.3.5-1 Abandoned Vehicle Notice Tag
• F10.3.5-2 Vehicle Release Indemnification
• G2.2.5 Search and Seizure without a Warrant