Camber of Ponta Grossa approves project that toughens rules for removal of abandoned vehicles
Proposed by the Executive revokes 2012 law and expands objective criteria to characterize abandonment; matter received favorable opinions from three permanent committees
During the Ordinary Session of this Monday (05) the plenary of the Câmara Municipal de Ponta Grossa (CMPG) approved in first discussion the bill 320/2026 that disposes on the removal of vehicles in a situation of abandonment in the public buildings of the municipality. By the Municipal Executive, the proposal repeals Lei Municipal no 11.198/2012 and establishes new parameters for the supervision and removal of these vehicles.
According to the justification of the Executive, the Brazilian Transit Code (CTB) has expressly provided, in its article 279, that the vehicle in a state of abandonment or accident may be removed to the deposit fixed by the competent body, regardless of the existence of an infraction to the traffic legislation. The Brazilian Manual of Traffic Control has a similar provision.
Although federal legislation authorizes administrative removal, it does not establish objective criteria for characterizing the situation of abandonment, limiting itself to presenting a generic concept. Therefore, it is up to the Municipality to discipline the supervision procedures and define parameters that guide the actions of the agents, giving greater legal certainty to the Administration and the owners.
Wider Criteria
The proposal replaces the model of the previous law, considered excessively restrictive because it requires specific conditions, such as the absence of a plate or two empty tires. The new text defines as abandoned a vehicle that, due to the visible poor state of conservation, does not have conditions for locomotion or to transit safely, characterized by one or more aspects, such as broken glass, missing headlights, broken bumper, signs of vandalism, accumulation of debris, growth of vegetation under the vehicle, burnt bodywork or with less significant rust, and absence of the vehicle.
The text also provides that the vehicle without any of these characteristics will be considered abandoned if it remains parked in the same place for a period of more than 60 days, counted from the official finding or the formalization of a complaint by any citizen.
Notification and removal
Once the situation of abandonment has been established and it is possible to identify the owner, the competent body must notify it, granting a period of five days for the voluntary removal of the vehicle, under penalty of compulsory removal. If the owner is not present, the notification will be posted on the vehicle itself and published in the Official Journal of the Municipality.
In cases where it is not possible to identify the vehicle, its owner or responsible, due to the absence or lack of identifying elements, the removal may be made immediately, without prior notification. This applies especially to hand-made trailers without plates, human propulsion carts or abandoned wagons, as well as vehicle fractions such as chassis, bodywork and chests.
The removed vehicle will be taken to the collection yard, and its release will be conditioned on the presentation of documents proving ownership and the payment of the relevant fees. If it is not claimed by the owner within the period provided for in art. 328 of the CTB, the vehicle will be auctioned.
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