Which South Carolina procedure governed a broken-down vehicle tagged as abandoned by police?

Plain-English summary

In 2003, South Carolina's Attorney General said the abandoned-vehicle procedure in Section 56-5-5850 governed vehicles that broke down, were left on a highway, and were then tagged by law enforcement. That statute allowed an officer to place a colored tag giving notice that the vehicle could be considered abandoned or derelict and become subject to the article's disposition process.

The office distinguished Section 56-5-5635, which addressed an officer's direction that a vehicle be towed following a law-enforcement action, such as a collision, breakdown, or recovery after arrest. For the tagged, abandoned vehicles described by the requester, the AG said the abandoned-vehicle statute controlled.

Currency note

This opinion was issued in 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Sheriffs and towing operators

The opinion separated a vehicle tagged as abandoned from an officer-directed law-enforcement tow. It placed the first category under the abandoned-vehicle article, while describing the latter as governed by the jurisdiction's established towing procedure.

Vehicle owners

The colored tag served as notice to the owner, possessor, or lienholder that a vehicle left unattended could be treated as abandoned or derelict. The opinion did not set out a new deadline or decide a particular forfeiture.

Common questions

Which rule applied when police tagged a broken-down vehicle left on the highway?
The AG said Section 56-5-5850, the abandoned-vehicle tagging provision, controlled the described disposition.

Did the newer towing statute replace the tagging law?
No. The opinion read Section 56-5-5635 as applying to officer-directed towing from law-enforcement actions, while the separate tagging statute covered vehicles treated as abandoned.

What did the colored tag tell the owner?
It notified the owner or other interested person that the unattended vehicle could be considered abandoned or derelict and subject to forfeiture under the statute.

Background and statutory framework

The Sheriffs' Association asked which of two provisions controlled vehicles tagged after breakdown and abandonment. The AG compared Section 56-5-5635's officer-directed towing process with Section 56-5-5850's colored-tag notice and concluded that the latter addressed the requester's facts.

Citations and references

The opinion discussed Section 56-5-5635 and Section 56-5-5850.

Official title

Regarding vehicles tagged by law enforcement after breaking down and being abandoned on the highways.

Requester

Jeffrey B. Moore, Executive Director, South Carolina Sheriffs’ Association

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/september-12-2003-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/03/03sept-12-Moore.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY MCMASTER
ATTORNEY GENERAL

'

L.
~

~

September 12, 2003

Jeffrey B. Moore, Executive Director
South Carolina Sheriffs' Association
P. 0. Box 21428
Columbia, South Carolina 29221-1428
Dear Jeff:
In a letter to this office you raised a question regarding vehicles tagged by law enforcement. According to your letter, the vehicles are tagged after breaking down and then being abandoned on the highways.

You referenced the provisions of newly enacted Act No. 71 of 2003 which included a provision detailing the disposition of vehicles ordered towed by law enforcement, S.C. Code Ann. Section 56-5-5635. That provision states in part: Notwithstanding another provision oflaw, a law enforcement officer who directs that a vehicle be towed for any reason, whether on public or private property, shall use the established towing procedure for his jurisdiction. A request by a law enforcement officer resulting from a law enforcement action including, but not limited to, a motor vehicle collision, vehicle breakdown, or vehicle recovery incident to an arrest, is deemed a law enforcement towing for purposes of recovering costs associated with the towing and storage of the vehicle or other property, unless the request for towing is made by a law enforcement officer at the direct request of the owner or operator of the vehicle. You questioned whether the disposition of the tagged vehicles referenced in your letter is controlled by Section 56-5-5635 or previously enacted S.C. Code Ann. Section 56-5-5850 (Supp. 2003) which provides in part: When any vehicle is left unattended on a highway or on other public or private property without the consent of the owner or person in control of the property, an officer may place a colored tag on the vehicle which shall be notice to the owner, the person in possession of the vehicle or any lienholder that it may be considered to be derelict or abandoned and is subject to forfeiture to the State.

'

I/'~, , - ·'*

.

~ s~ DENNIS BUUDING

•

POST OFFICE Box 11549

•

COLUMBlA , S.C. 29211-1549

•

TELEPHONE: 803-734-3970

•

FACSIMILE : 803-253-6283

Mr. Moore
Page2
September 12, 2003

Section 56-5-5850 is included in the provisions ofS.C. Code Ann. Sections 56-5-5810 et seq. (Supp. 2003) which deal with the disposition of abandoned or derelict vehicles on private or public property. Pursuant to Section 56 -5-5840 "(a)ll abandoned and derelict vehicles shall be subject to removal from public or private property and disposed of in accordance with the provisions of this article."

I

As to you question as to whether a vehicle tagged by a law enforcement officer is to be disposed of pursuant to newly-enacted Section 56-5-5635 or 56-5-5850, it appears that Section 56-55850 would control. Section 56-5-5635 controls as to those vehicles directed to be towed by law enforcement officers in situations resulting from a law enforcement action, such as a collision, vehicle breakdown or vehicle recovery incident to arrest. Section 56-5-5850 applies as to vehicles considered abandoned or derelict and left on the highway or other public or private property which are then tagged by law enforcement.

If there are any questions, please advise.
Sincerely,

Charles H. Richardson
Senior Assistant Attorney General

I

I

cc:

The Honorable William H. Womble, Jr.