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Towed Due to Expired Inspection Sticker

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  • 10-26-2011, 09:27 AM
    epshtielsl
    Towed Due to Expired Inspection Sticker
    My question involves a traffic citation from the state of: Virginia

    My car was towed this morning from in front of my apartment complex. I was parked legally and had my parking permit visibly displayed. I called the office to determine the reason why my car was towed and they stated that it was because my tags were expired. My tags are NOT expired, but my inspection is. The lease agreement only states, "No motor vehicle, trailer or such other vehicle shall be parked on the Property without current license plates and said vehicle must be in operating condition." Do I have a case to take them to small claims court?

    Thanks in advance.
  • 10-26-2011, 10:27 AM
    aaron
    Re: Towed Due to Expired Inspection Sticker
    If you choose, you have the legal right to sue them and argue that even though your sticker was expired your vehicle was "in operating condition". From what you've shared so far, I would expect them to respond that they disagree because, by failing to have your vehicle inspected, your vehicle could not be lawfully operated on public roads. Virginia Code, Sec. 46.2-1157. The judge will hear the testimony and review the evidence, and decide accordingly.

    If I were the judge, based on your quote of the lease and that statute, my inclination would be to find that the vehicle was technically operable, and that the failure to obtain an inspection is more analogous to the specified "current license plates" as opposed to the general "in operating condition", suggesting that there was no intention to include the inspection sticker in that latter category. But that said, other evidence might be presented that might shift my opinion and, alas, I won't be the judge.
  • 10-26-2011, 11:03 AM
    flyingron
    Re: Towed Due to Expired Inspection Sticker
    If it doesn't have a sticker it's not "in operating condition." It's illegal to operate the vehicle without a current inspection.
  • 10-26-2011, 11:10 AM
    epshtielsl
    Re: Towed Due to Expired Inspection Sticker
    Aaron,

    Thanks for your response. I just looked up the definition of an inoperable motor vehicle as per the Fairfax, VA Code of Ordinances and it states:

    Quote:

    Sec. 98-141. - Definitions

    Inoperable motor vehicle means any motor vehicle, trailer, or semitrailer which is not in operating condition; or which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal.
    My car's inspection has not been expired for over 60 days so it shouldn't be considered inoperable correct?


    *EDIT* I've reread it and I think the 60 days only applies to the disassembly of the car.
  • 10-26-2011, 03:37 PM
    Mr. Knowitall
    Re: Towed Due to Expired Inspection Sticker
    Why do you think that ordinance governs?

    That ordinance defined "inoperable motor vehicle," not "in operating condition" - and the first definition provided for an "inoperable motor vehicle" is one that "is not in operating condition".

    If you believe the second portion of the ordinance governs your landlord's right to tow, I would read "on which there are displayed neither valid license plates nor a valid inspection decal" independently of "which for a period of 60 days or longer", such that your vehicle is inoperable if it has "neither valid license plates nor a valid inspection decal" from the moment that occurs. However if you had valid plates it cannot be said that your vehicle "neither valid license plates nor a valid inspection decal". You had one but not the other.
  • 11-15-2011, 10:25 AM
    ltraub
    Re: Towed Due to Expired Inspection Sticker
    You may want to double check the lease. I know that in Texas (I'm an assistant apartment manager) we need to give you at lease 10 days to get the sticker updated. If that is the case you may have a case. If it's not in the lease then check to see what the local or state law says about expired stickers.
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