PRIOR PRINTER'S NOS. 2563, 2676 PRINTER'S NO. 3303
No. 2042 Session of 1978
INTRODUCED BY MESSRS. ENGLEHART, BELLOMINI, PRENDERGAST,
LETTERMAN, PRATT, BITTLE, POLITE, LINCOLN, CASSIDY, DeMEDIO,
MILLER, NOYE, DiCARLO, STEWART, REED, ARTHURS AND BITTINGER,
FEBRUARY 1, 1978
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 1, 1978
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for removal of vehicles and <--
3 procedures relating thereto BY A PROPERTY OWNER AND PROVIDING <--
4 AN IMPLIED LIEN FOR THE COSTS OF REMOVAL.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definitions of "abandoned vehicle" and <--
8 "salvor" in section 102, SECTIONS 3352(B) AND 3353(B) AND (C) of <--
9 Title 75, act of November 25, 1970 (P.L.707, No.230), known as
10 the Pennsylvania Consolidated Statutes, are amended and a <--
11 definition is added to read:
12 § 102. Definitions. <--
13 Subject to additional definitions contained in subsequent
14 provisions of this title which are applicable to specific
15 provisions of this title, the following words and phrases when
16 used in this title shall have, unless the context clearly
17 indicates otherwise, the meanings given to them in this section:
1 "Abandoned vehicle."
2 (1) A vehicle (other than a pedalcycle):
3 (i) that is inoperable and is left unattended on
4 public property for more than 48 hours;
5 (ii) that has remained illegally on public property
6 for a period of more than 48 hours;
7 (iii) without a valid registration plate or
8 certificate of inspection or title left unattended on or
9 along a highway; [or] <--
10 (iv) [that has remained on private property without <--
11 the consent of the owner or person in control of the
12 property for more than 48 hours]; or <--
13 (v) that has remained unclaimed at a salvor's or
14 tower's storage facility for more than 30 days.
15 (2) Vehicles and equipment used or to be used in
16 construction or in the operation or maintenance of public
17 utility facilities, which are left in a manner which does not
18 interfere with the normal movement of traffic, shall not be
19 considered to be abandoned.
20 * * *
21 "Salvor." A person [engaged in the business of acquiring
22 abandoned] authorized by the department to remove vehicles from
23 public or private property or acquire abandoned vehicles for the
24 purpose of taking apart, junking, selling, rebuilding or
25 exchanging the vehicles or parts thereof.
26 * * *
27 "Tower." A person authorized by the department to remove
28 vehicles from public or private property.
29 * * *
30 Section 2. Sections 3352 and 3353(c) of Title 75 are amended
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1 to read:
2 § 3352. Removal of vehicle by or at direction of police.
3 (a) Outside business and residence districts.--Whenever any <--
4 police officer finds a vehicle in violation of any of the
5 provisions of section 3351 (relating to stopping, standing and
6 parking outside business and residence districts), the officer
7 may move the vehicle, or cause the vehicle to be moved, or
8 require the driver or other person in charge of the vehicle to
9 move the vehicle, to a position off the roadway where the
10 vehicle will not interfere unduly with the normal movement of
11 traffic or constitute a safety hazard.
12 (b) Unattended vehicle obstructing traffic.--Any police <--
13 officer may remove or cause to be removed to a nearby garage or
14 other nearby place of safety any unattended vehicle illegally
15 left standing upon FOUR LANE OR DIVIDED any highway, bridge, <--
16 causeway or in any tunnel, in such position or under such
17 circumstances as to interfere unduly with the normal movement of
18 traffic or constitute a safety hazard. ANY POLICE OFFICER MAY <--
19 REMOVE OR CAUSE TO BE REMOVED TO A NEARBY GARAGE OR OTHER NEARBY
20 PLACE OF SAFETY ANY UNATTENDED VEHICLE ILLEGALLY LEFT STANDING
21 UPON ANY OTHER HIGHWAY IN SUCH POSITION OR UNDER SUCH
22 CIRCUMSTANCES AS TO INTERFERE UNDULY WITH THE NORMAL MOVEMENT OF
23 TRAFFIC OR CONSTITUTE A SAFETY HAZARD, PROVIDING A REASONABLE
24 EFFORT IS MADE BY SUCH POLICE OFFICER TO ASSIST IN REMOVING THE
25 VEHICLE TO A PLACE OF SAFETY AND A REASONABLE EFFORT IS MADE BY
26 SUCH POLICE OFFICER TO LOCATE THE OWNER OR OPERATOR THEREOF
27 BEFORE REMOVAL TO A NEARBY GARAGE.
28 (c) Removal to garage or place of safety.--Any police <--
29 officer may remove or cause to be removed to a nearby garage or
30 other place of safety any vehicle [found upon a highway] under
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1 any of the following circumstances:
2 (1) Report has been made that the vehicle has been
3 stolen or taken without the consent of its owner.
4 (2) The person or persons in charge of the vehicle are
5 physically unable to provide for the custody or removal of
6 the vehicle.
7 (3) The person driving or in control of the vehicle is
8 arrested for an alleged offense for which the officer is
9 required by law to take the person arrested before an issuing
10 authority without unnecessary delay.
11 (4) The vehicle is in violation of section 3353
12 (relating to prohibitions in specified places) except for
13 overtime parking.
14 (5) The vehicle has been abandoned as defined in this
15 title. The officer shall comply with the provisions of
16 subsection (d) and Chapter 73 (relating to abandoned vehicles
17 and cargos).
18 (d) Notice to owner prior to removal.--
19 (1) Prior to removal under subsection (c)(5) of [an
20 abandoned] a vehicle which is abandoned upon a highway and is
21 not in violation of subsection (b), section 3351(a) (relating
22 to stopping, standing and parking outside business and
23 residence districts) or section 3353 bearing a registration
24 plate by which the last registered owner of the vehicle can
25 be determined, notice shall be sent by certified mail to the
26 last registered owner of the vehicle informing the owner that
27 unless the vehicle is moved to a suitable location within
28 five days of the date notice is mailed, the vehicle will be
29 removed under this section and held at a suitable facility
30 where it may be reclaimed by the owner in accordance with the
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1 provisions of section 7306 (relating to payment of costs upon
2 reclaiming vehicle). If the abandoned motor vehicle does not
3 bear an identifiable registration plate, the notice may be
4 secured to the vehicle.
5 (2) If, within the five-day period, the owner so
6 requests, the owner shall be given an opportunity to explain
7 to the police officer or department why the owner believes
8 the vehicle should not be moved. If the police officer or
9 department determines that the vehicle shall, nonetheless, be
10 moved, the owner shall be given an additional 48 hours to
11 move the vehicle or have it moved.
12 (3) The provision for notice set forth in this
13 subsection is in addition to any other notice requirements
14 provided in Chapter 73.
15 § 3353. Prohibitions in specified places.
16 * * *
17 (B) UNATTENDED VEHICLE ON PUBLIC OR PRIVATE PROPERTY.--NO <--
18 PERSON SHALL PARK OR LEAVE UNATTENDED A VEHICLE ON PUBLIC OR
19 PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OR OTHER
20 PERSON IN CONTROL OR POSSESSION OF THE PROPERTY EXCEPT IN THE
21 CASE OF EMERGENCY OR DISABLEMENT OF THE VEHICLE, IN WHICH CASE
22 THE OPERATOR SHALL ARRANGE FOR THE REMOVAL OF THE VEHICLE AS
23 SOON AS POSSIBLE.
24 (c) Property owner may remove vehicle.--[The owner or other <--
25 person in charge or possession of any property on which a
26 vehicle is parked or left unattended in violation of the
27 provisions of subsection (b) may remove or have removed the
28 vehicle at the reasonable expense of the owner of the vehicle.] <--
29 SUCH PERSON OR HIS AGENT WHO REMOVES A VEHICLE LEFT PARKED OR <--
30 UNATTENDED IN VIOLATION OF THE PROVISIONS OF SUBSECTION (B)
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1 SHALL HAVE A POSSESSORY LIEN AGAINST THE OWNER OF THE VEHICLE,
2 IN THE AMOUNT OF THE REASONABLE COSTS OR CHARGES OF REMOVING AND
3 STORING THE VEHICLE
4 (1) The owner or other person in charge or possession of <--
5 any property on which a vehicle is parked or left unattended
6 in violation of the provisions of subsection (b) may have a
7 salvor or tower remove the vehicle at the reasonable expense
8 of the owner or registrant of the vehicle if the property is:
9 (i) used exclusively PRIVATE AND USED for parking <--
10 EXCLUSIVELY in connection with a private dwelling <--
11 DWELLING OR DWELLINGS or not open to the public USE BY <--
12 MOTOR VEHICLES; or
13 (ii) open to the public with or without charge or <--
14 used for parking in connection with a business WITH OR <--
15 WITHOUT CHARGE and posted in accordance with department <--
16 regulations.
17 (2) Any salvor or tower removing a vehicle pursuant to
18 paragraph (1) shall immediately notify the police having
19 jurisdiction of the place where the vehicle was found of the
20 new location of the vehicle.
21 (3) No storage costs shall be assessed pursuant to
22 paragraph (1) for the first 24 hours of possession of a
23 vehicle.
24 * * *
25 Section 3 2. Title 75 is amended by adding sections to read: <--
26 § 3355. Movement of vehicles without owner's consent.
27 (a) General rule.--No person except a salvor or a tower <--
28 shall move a vehicle without the consent of the owner or
29 registrant or a person authorized by the owner or registrant,
30 unless directed by a police officer in accordance with section
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1 3352 (relating to removal of vehicle by or at direction of
2 police). A tower shall not move an abandoned vehicle unless
3 directed by a police officer, EXCEPT THAT A SALVOR OR TOWER MAY <--
4 REMOVE A VEHICLE FROM PUBLIC OR PRIVATE PROPERTY IN ACCORDANCE
5 WITH SECTION 3353(C) (RELATING TO PROHIBITIONS IN SPECIFIED
6 PLACES). A SALVOR IS NOT AVAILABLE.
7 (b) Authorization of towers.--The department shall authorize <--
8 and issue a certificate of authorization to every tower that
9 complies with regulations adopted by the department.
10 (c) Place of business.--Every tower shall have and maintain
11 an established place of business.
12 (d) Towers to be bonded.--
13 (1) Each tower shall furnish and maintain a bond
14 indemnifying the public and the department in the amount of
15 $5,000.
16 (2) A tower who has filed a bond with the Commonwealth
17 is not required to file a separate bond under this section if
18 the bond already on file with the Commonwealth is comparable
19 in amount and coverage to the bond required under this
20 section.
21 § 3356. Implied lien.
22 Every driver, owner and registrant of a vehicle in this
23 Commonwealth shall be deemed to have given consent to having the
24 vehicle removed at their reasonable expense and detained to
25 insure payment if the vehicle is removed under the provisions of
26 section 3352(a), (b) or (c) (relating to removal of vehicle by
27 or at direction of police) or section 3353(c) (relating to
28 prohibitions in specified places).
29 Section 4 3. Sections 4729, 6308(c), 7301, 7302(c), Section <--
30 7304, 7305(b), 7306 and section 7308(b) and (c) of Title 75 are <--
19780H2042B3303 - 7 -
1 IS amended to read: <--
2 § 4729. Removal of certificate of inspection. <--
3 No certificate of inspection shall be removed from a vehicle
4 for which the certificate was issued except to replace it with a
5 new certificate of inspection issued in accordance with the
6 provisions of this chapter or as follows:
7 (1) The police officer may remove a certificate of
8 inspection in accordance with the provisions of section
9 4703(d) (relating to operation of vehicle without official
10 certificate of inspection).
11 (2) A person replacing a windshield or repairing a
12 windshield in such a manner as to require removal of a
13 certificate of inspection shall at the option of the
14 registrant of the vehicle cut out the portion of the
15 windshield containing the certificate and deliver it to the
16 registrant of the vehicle or destroy the certificate. The
17 vehicle may be driven for up to five days if it displays the
18 portion of the old windshield containing the certificate as
19 prescribed in department regulations. Within the five day
20 period an official inspection station may affix to the
21 vehicle another certificate of inspection for the same
22 inspection period without reinspecting the vehicle in
23 exchange for the portion of the old windshield containing the
24 certificate of inspection. A fee of no more than $1 may be
25 charged for the exchanged certificate of inspection.
26 (3) [A salvor] Every applicant for a certificate of junk
27 pursuant to section 1117(a) (relating to vehicle destroyed or
28 junked) shall remove and destroy the certificate of
29 inspection on [every vehicle in his possession except
30 vehicles used in the operation of the business of the salvor]
19780H2042B3303 - 8 -
1 the vehicle.
2 § 6308. Investigation by police officers.
3 * * *
4 (c) Inspection of garages and dealer premises.--Any police
5 officer or authorized department employee may inspect any
6 vehicle in any public garage or repair shop or on the premises
7 of any dealer tower, salvor, scrap metal processor, or other
8 public place of business for the purpose of locating stolen
9 vehicles or parts. The owner of the garage or repair shop or the
10 dealer or other person shall permit any police officer or
11 authorized department employee to make investigations under this
12 subsection.
13 § 7301. Authorization of salvors.
14 (a) General rule.--The department shall authorize and shall
15 issue a certificate of authorization to every salvor that
16 complies with the requirements of this chapter and regulations
17 adopted by the department [and is a vehicle salvage dealer as <--
18 defined in section 1337(c)(2) (relating to use of "Miscellaneous
19 Motor Vehicle Business" registration plates)]. <--
20 (b) Unauthorized operation prohibited.--No person shall
21 operate as a salvor unless authorized.
22 (c) Duty of salvor.--Upon written request of a police
23 department, a salvor shall take possession of and remove to the
24 storage facility of the salvor any abandoned vehicle located
25 within 30 miles of the place of business of the salvor[.] :
26 (1) on public property; or
27 (2) on private property, if the vehicle has value other
28 than for junk.
29 (d) Storage facility.--A salvor may rent or own a storage
30 facility, which shall comply with the act of [December 15, 1971
19780H2042B3303 - 9 -
1 (P.L.596, No.160), known as the "Outdoor Advertising Control Act
2 of 1971," where applicable, and with regulations promulgated by
3 the department.] July 28, 1966 (3rd Sp.Sess., P.L.91, No.4),
4 referred to as the Junkyard and Automotive Recycler Screening
5 Law.
6 § 7302. Certificate of authorization.
7 * * *
8 (c) Bonding required.--
9 (1) Before issuing a certificate of authorization, the
10 department shall require the applicant to furnish and
11 maintain a bond indemnifying the public and the department in
12 the amount of $10,000.
13 (2) An individual bond for each place of business is not
14 required, but all places of business shall be covered by the
15 bond.
16 * * *
17 § 7304. Reports to department of possession of abandoned
18 vehicles.
19 [ANY] UNLESS THE OWNER OR REGISTRANT HAS REVEALED THEIR <--
20 IDENTITY TO THE SALVOR OR TOWER, ANY salvor [taking] or tower in <--
21 possession of an abandoned vehicle [pursuant to section 7301(c)
22 (relating to authorization of salvors)] shall within 48 hours
23 [after taking possession] report to the department the make,
24 model, vehicle identification number and registration plate
25 number of the abandoned vehicle, and the name and address of the
26 owner or person who abandoned the vehicle, if known, together
27 with any other information or documents which the department may
28 by regulation require. The report shall include a statement
29 whether the vehicle is valueless except for junk. Where the
30 report indicates the vehicle is valueless except for junk, the
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1 salvor shall include a photograph of the vehicle to be prepared
2 in a manner prescribed by the department. A report by a salvor
3 that a vehicle is valueless except for junk shall be verified by
4 the police department which authorized transfer of the vehicle
5 to the salvor.
6 § 7305. Notice to owner and lienholders of abandoned vehicles.
7 * * *
8 (b) Contents of notice.--The notice shall:
9 (1) Describe the make, model, title number, vehicle
10 identification number and registration plate number of the
11 abandoned vehicle, if known.
12 (2) State the location where the vehicle is being held.
13 (3) Inform the owner and any lienholders of their right
14 to reclaim the vehicle within 30 days after the date of the
15 notice at the place where the vehicle is being held by the
16 salvor or tower, upon payment of all towing and storage
17 charges and the fee authorized in section 7306 (relating to
18 payment of costs upon reclaiming vehicle).
19 (4) State that the failure of the owner or lienholder to
20 reclaim the vehicle is deemed consent by the owner to the
21 destruction, sale or other disposition of the abandoned
22 vehicle and of all lienholders to dissolution of their liens.
23 * * *
24 § 7306. Payment of costs upon reclaiming vehicle.
25 In the event the owner or lienholder of an abandoned vehicle
26 reclaims the vehicle, the reclaiming party shall pay the costs
27 for towing and storage, plus a fee of [$25 of which $10] $15
28 which shall be transmitted to the department by the salvor or
29 tower.
30 § 7308. Public sale of unclaimed vehicles with value.
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1 * * *
2 (b) Title of purchaser.--The salvor or tower shall give the
3 purchaser a sales receipt and shall apply to the department for
4 a title which shall be free and clear of all previous liens and
5 claims of ownership.
6 (c) Disposition of proceeds.--From the proceeds of the sale
7 of the abandoned vehicle, the salvor or tower shall be
8 reimbursed for the costs of towing, storage, notice and
9 publication costs and expenses of auction. The remainder of the
10 proceeds of a sale shall be held for the owner of the vehicle or
11 record lienholder for 60 days from the date of sale and if not
12 properly claimed shall then be paid to the department and
13 transmitted to the State Treasurer for deposit in the Motor
14 License Fund.
15 Section 5. Subsections (a) and (c) of section 7309 of Title
16 75 are amended to read:
17 § 7309. Junking of vehicles valueless except for junk.
18 (a) Application for certificate of junk.--If an abandoned
19 vehicle is valueless except for junk, the salvor or tower shall
20 note that fact in the report to the department required in
21 section 7304 (relating to reports to department of possession of
22 abandoned vehicles) and shall apply for issuance of a
23 certificate of junk as provided for in section 1117 (relating to
24 vehicle destroyed or junked).
25 * * *
26 (c) Reimbursement of expenses of salvor or tower.--
27 (1) Salvors.--Upon receipt within six months of evidence
28 that a salvor has removed an abandoned vehicle which is
29 valueless except for junk upon the request of a police
30 department and has applied for a certificate of junk, the
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1 department shall pay to the salvor from the Motor License
2 Fund the sum of $15 for the expenses incurred in the removal
3 and towing of the abandoned vehicle. No portion of the $15
4 payment or any separate consideration shall be reimbursed or
5 paid to any government agency or municipality by the salvor.
6 (2) Towers.--Upon evidence that a tower has removed an
7 abandoned vehicle which is valueless except for junk upon the
8 request of a police department and has obtained a certificate
9 of junk and has transferred the vehicle within 30 days of the
10 receipt of such certificate, the department shall pay to the
11 tower from the Motor License Fund the sum of $15 for the
12 expenses incurred in removal and towing of the abandoned
13 vehicle. No portion of the $15 payment or any other separate
14 consideration shall be reimbursed or paid to any government
15 agency or municipality by the tower.
16 * * *
17 Section 6. Subsection (b) of section 7312 of Title 75 is
18 amended to read:
19 § 7312. Penalty for violation of chapter.
20 * * *
21 (b) Suspension.--For violation of any of the provisions of
22 this chapter, the salvor or tower shall be subject to suspension
23 of the privilege to receive abandoned vehicles under this
24 chapter.
25 Section 7 4. This act shall take effect in 60 days. <--
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