PRINTER'S NO. 2201
No. 1764 Session of 1989
INTRODUCED BY WILLIAMS, FARGO, NAILOR, GIGLIOTTI, PESCI, MELIO,
KOSINSKI, TRELLO, NAHILL, ROBINSON, ARGALL, ALLEN, BLAUM,
D. W. SNYDER, CIVERA, FEE, PRESTON, WESTON, TIGUE, ACOSTA,
JOHNSON, PERZEL, KUKOVICH, RAYMOND, BATTISTO, LEE AND
J. TAYLOR, JUNE 27, 1989
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 27, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for removal of vehicle by the
3 police.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3352(d)(1) and (2) of Title 75 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 3352. Removal of vehicle by or at direction of police.
9 * * *
10 (d) Notice to owner prior to removal.--
11 (1) Prior to removal of an abandoned vehicle bearing a
12 registration plate, certificate of inspection or vehicle
13 identification number plate by which the last registered
14 owner of the vehicle can be determined, the police department
15 shall send a notice by certified mail to the last registered
16 owner of the vehicle informing the owner that unless the
17 vehicle is moved to a suitable location within [seven] five
1 days of the date notice is mailed, the vehicle will be
2 removed under this section and held at a suitable facility
3 where it may be reclaimed by the owner in accordance with the
4 provisions of section 7306 (relating to payment of costs upon
5 reclaiming vehicle). If the abandoned motor vehicle does not
6 bear an identifiable registration plate, certificate of
7 inspection or vehicle identification number plate, the notice
8 may be secured to the vehicle.
9 (2) If, within the [seven-day] five-day period, the
10 owner so requests, the owner shall be given an opportunity to
11 explain to the police officer or department why the owner
12 believes the vehicle should not be removed. If the police
13 officer or department determines that the vehicle shall,
14 nonetheless, be removed, the owner shall be given an
15 additional 48 hours to remove the vehicle, have it removed or
16 demand a hearing, which shall conform to the requirements of
17 2 Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure
18 of local agencies). The police officer or department shall
19 inform the owner of the right to a hearing by delivering to
20 the owner a notice warning the owner that, unless the vehicle
21 is removed or a hearing is demanded, the owner shall be
22 subject to the provisions of section 7306. If, as a result of
23 the hearing, it is determined that the vehicle will be
24 removed, the owner shall be given an additional 48 hours to
25 remove the vehicle or have it removed. The hearing shall be
26 before a civilian officer or employee of the municipality in
27 which the vehicle is located.
28 * * *
29 Section 2. This act shall take effect in 60 days.
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