SENATE AMENDED
PRIOR PRINTER'S NO. 1084 PRINTER'S NO. 2528
No. 946 Session of 1983
INTRODUCED BY HUTCHINSON, DININNI, PETRARCA, WAMBACH, MOWERY,
NOYE AND LAUGHLIN, MAY 3, 1983
SENATOR KUSSE, TRANSPORTATION, IN SENATE, AS AMENDED,
FEBRUARY 13, 1984
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, redefining "abandoned vehicles"; and further
3 providing for removal of vehicles.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "abandoned vehicle" in section
7 102 of Title 75 of the Pennsylvania Consolidated Statutes is
8 amended to read:
9 § 102. Definitions.
10 Subject to additional definitions contained in subsequent
11 provisions of this title which are applicable to specific
12 provisions of this title, the following words and phrases when
13 used in this title shall have, unless the context clearly
14 indicates otherwise, the meanings given to them in this section:
15 "Abandoned vehicle."
16 (1) A vehicle (other than a pedalcycle) shall be
17 presumed to be abandoned under any of the following
1 circumstances, but the presumption is rebuttable by a
2 preponderance of the evidence:
3 (i) [that is] The vehicle is physically inoperable
4 and is left unattended on A HIGHWAY OR OTHER public <--
5 property for more than 48 hours[;].
6 (ii) [that] The vehicle has remained illegally on A <--
7 HIGHWAY OR OTHER public property for a period of more
8 than 48 hours[;].
9 (iii) The vehicle is [without a valid registration <--
10 plate, [or] certificate of inspection [or title] or <--
11 ascertainable vehicle identification number and is left
12 unattended on or along a highway[;] or] OTHER PUBLIC <--
13 PROPERTY for more than 48 hours AND DOES NOT BEAR ALL OF <--
14 THE FOLLOWING:
15 (A) A VALID REGISTRATION PLATE.
16 (B) A CERTIFICATE OF INSPECTION.
17 (C) AN ASCERTAINABLE VEHICLE IDENTIFICATION
18 NUMBER.
19 (iv) [that] The vehicle has remained on private
20 property without the consent of the owner or person in
21 control of the property for more than 48 hours.
22 (2) Vehicles and equipment used or to be used in
23 construction or in the operation or maintenance of highways
24 or public utility facilities, which are left in a manner
25 which does not interfere with the normal movement of traffic,
26 shall not be considered to be abandoned.
27 * * *
28 Section 2. Section 3352(c) and (d) of Title 75 are amended
29 to read:
30 § 3352. Removal of vehicle by or at direction of police.
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1 * * *
2 (c) Removal to garage or place of safety.--Any police
3 officer may remove or cause to be removed to the place of
4 business of the operator of a wrecker or to a nearby garage or
5 other place of safety any vehicle found upon a highway under any
6 of the following circumstances:
7 (1) Report has been made that the vehicle has been
8 stolen or taken without the consent of its owner.
9 (2) The person or persons in charge of the vehicle are
10 physically unable to provide for the custody or removal of
11 the vehicle.
12 (3) The person driving or in control of the vehicle is
13 arrested for an alleged offense for which the officer is
14 required by law to take the person arrested before an issuing
15 authority without unnecessary delay.
16 (4) The vehicle is in violation of section 3353
17 (relating to prohibitions in specified places) except for
18 overtime parking.
19 (5) The vehicle has been abandoned as defined in this
20 title. The officer shall comply with the provisions of
21 subsection (d) and Chapter 73 (relating to abandoned vehicles
22 and cargos).
23 (d) Notice to owner prior to removal.--
24 (1) Prior to removal of an abandoned vehicle bearing a
25 registration plate, certificate of inspection or vehicle
26 identification number plate by which the last registered
27 owner of the vehicle can be determined, [notice shall be
28 sent] the police department shall send a notice by certified
29 mail to the last registered owner of the vehicle informing
30 the owner that unless the vehicle is moved to a suitable
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1 location within [five] seven days of the date notice is
2 mailed, the vehicle will be removed under this section and
3 held at a suitable facility where it may be reclaimed by the
4 owner in accordance with the provisions of section 7306
5 (relating to payment of costs upon reclaiming vehicle). If
6 the abandoned motor vehicle does not bear an identifiable
7 registration plate, certificate of inspection or vehicle
8 identification number plate, the notice may be secured to the
9 vehicle.
10 (2) If, within the [five-day] seven-day period, the
11 owner so requests, the owner shall be given an opportunity to
12 explain to the police officer or department why the owner
13 believes the vehicle should not be [moved] removed. If the
14 police officer or department determines that the vehicle
15 shall, nonetheless, be [moved] removed, the owner shall be
16 given an additional 48 hours to [move] remove the vehicle
17 [or], have it [moved.] removed or demand a hearing, which
18 shall conform to the requirements of 2 Pa.C.S. Ch. 5 Subch. B
19 (relating to practice and procedure of local agencies). The
20 police officer or department shall inform the owner of the
21 right to a hearing by delivering to the owner a notice
22 warning the owner that, unless the vehicle is removed or a
23 hearing is demanded, the owner shall be subject to the
24 provisions of section 7306 (relating to payment of costs upon
25 reclaiming vehicle). If, as a result of the hearing, it is
26 determined that the vehicle will be removed, the owner shall
27 be given an additional 48 hours to remove the vehicle or have
28 it removed. If the local police are involved, the hearing <--
29 shall be before a civilian officer or employee of the
30 municipality in which the vehicle is located. If the State
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1 Police are involved, the hearing shall be before an officer
2 superior in rank to the officer who determined that the
3 vehicle must be removed. THE HEARING SHALL BE BEFORE A <--
4 CIVILIAN OFFICER OR EMPLOYEE OF THE MUNICIPALITY IN WHICH THE
5 VEHICLE IS LOCATED.
6 (3) The provision for notice set forth in this
7 subsection is applicable only if the vehicle is abandoned
8 upon a highway and is not in violation of subsection (b) or
9 section 3351(a) (relating to stopping, standing and parking
10 outside business and residence districts) or 3353 (relating
11 to prohibitions in specified places). Notice under this
12 subsection is in addition to any other notice requirements
13 provided in Chapter 73.
14 Section 3. This act shall take effect in 60 days.
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