Section 28.11.020. Presumption of abandonment.

   (a) A vehicle registered or titled as required under AS 28.10 that reasonably appears to have been left unattended, standing, parked upon or within 10 feet of the traveled portion of a highway or vehicular way or area in excess of 48 hours, or a vehicle registered or titled as required under AS 28.10 that reasonably appears to have been left standing or parked on private property in excess of 24 hours or upon other public property for more than 30 days, without the consent of the owner or person in charge of the property, notwithstanding other statutory provisions, may be removed under AS 28.11.030 and treated as an abandoned vehicle, unless the vehicle is reclaimed and removed before removal occurs under AS 28.11.030. The department for good cause may make provisions for parking of vehicles on state property other than specified in this section and under the provisions of AS 44.62.
   (b) Notwithstanding other provisions of law, a wrecked or junk vehicle that reasonably appears to have been left unattended, standing, parked upon or within 10 feet of the traveled portion of a highway or vehicular way or area in excess of 24 hours, or a wrecked or junk vehicle that reasonably appears to have been left standing or parked on private property or other public property in excess of 24 hours and without the consent of the owner or person in charge of the property, may be removed under AS 28.11.030 and treated as an abandoned vehicle, unless the vehicle is reclaimed and removed before removal occurs under AS 28.11.030.
   (c) In this section,
        (1) "junk vehicle" means a vehicle that
             (A) is not currently registered under AS 28.10, except for a vehicle not currently registered under AS 28.10 and used exclusively for competitive racing;
             (B) is stripped, wrecked, or otherwise inoperable due to mechanical failure;
             (C) has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle; or
             (D) is in a condition that exhibits more than one of the following elements:
                  (i) broken glass;
                  (ii) missing wheels or tires;
                  (iii) missing body panels or parts; or
                  (iv) missing drive train parts.
        (2) "wrecked vehicle" means a vehicle that is disabled and cannot be used as a vehicle without substantial repair or reconstruction.

Authorities

28.11.025

Notes

References

13 AAC 02.345
AS 28.11.025 Claim of ownership by private property owner.

History

(Sec. 1 ch 61 SLA 1976; am Sec. 10 ch 178 SLA 1978; am Sec. 1, 2 ch 108 SLA 1997)