PRINTER'S NO. 1576

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1360 Session of 1995


        INTRODUCED BY PHILLIPS, GEIST, McCALL, FARGO, BAKER,
           M. N. WRIGHT, HERSHEY, BOYES, SCHRODER, SCHULER, STISH,
           STERN, MILLER, BELARDI, GANNON, STABACK, CLARK, BARD, TRELLO,
           LEVDANSKY, ALLEN, OLASZ, HERMAN, LEH, MERRY, MICOZZIE,
           E. Z. TAYLOR AND HENNESSEY, APRIL 19, 1995

        REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 19, 1995

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for investigation by police
     3     officers.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6308 of Title 75 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 6308.  Investigation by police officers.
     9     (a)  Duty of operator or pedestrian.--The operator of any
    10  vehicle or any pedestrian reasonably believed to have violated
    11  any provision of this title shall stop upon request or signal of
    12  any police officer and shall, upon request, exhibit a
    13  registration card, driver's license and information relating to
    14  financial responsibility, or other means of identification if a
    15  pedestrian or driver of a pedalcycle, and shall write their name
    16  in the presence of the police officer if so required for the
    17  purpose of establishing identity.

     1     (b)  Authority of police officer.--Whenever a police officer
     2  is engaged in a systematic program of checking vehicles or
     3  drivers or has articulable and reasonable grounds to suspect a
     4  violation of this title, he may stop a vehicle, upon request or
     5  signal, for the purpose of checking the vehicle's registration,
     6  proof of financial responsibility, vehicle identification number
     7  or engine number or the driver's license, or to secure such
     8  other information as the officer may reasonably believe to be
     9  necessary to enforce the provisions of this title.
    10     (c)  Inspection of garages and dealer premises.--Any police
    11  officer or authorized department employee may inspect any
    12  vehicle in any garage or repair shop or on the premises of any
    13  dealer, miscellaneous motor vehicle business, salvage motor
    14  vehicle auction or pool operator, salvor, scrap metal processor,
    15  or other public place of business for the purpose of locating
    16  stolen vehicles or parts or vehicles or vehicle parts with
    17  identification numbers removed or falsified. The owner of the
    18  garage or repair shop or the dealer or other person shall permit
    19  any police officer or authorized department employee to make
    20  investigations under this subsection.
    21     (d)  Records.--Every salvor, miscellaneous motor vehicle
    22  business, salvage motor vehicle auction or pool operator, scrap
    23  metal processor and dealer shall keep accurate records of motor
    24  vehicle sales and dispositions. The records shall include the
    25  make, year and type of vehicle, from whom purchased or acquired
    26  and date, vehicle identification number and date of sale or
    27  disposition of vehicle. The records shall be available on the
    28  premises of the salvor, miscellaneous motor vehicle business,
    29  salvage motor vehicle auction or pool operator, scrap metal
    30  processor and dealer and open to inspection by any police
    19950H1360B1576                  - 2 -

     1  officer or authorized department employee. The records shall be
     2  maintained for three years from the date of disposition of the
     3  vehicle.
     4     (d.1)  Production to avoid penalty.--No person shall be
     5  convicted of violating subsection (a) or (b) if the person
     6  produces at the office of the issuing authority or the arresting
     7  officer within 15 days the requested documents if the documents
     8  were valid in this Commonwealth at the time of the request.
     9     (e)  Penalty.--Any person violating subsection (d) commits a
    10  misdemeanor of the third degree.
    11     Section 2.  This act shall take effect immediately.













    C8L75MRD/19950H1360B1576         - 3 -