PRINTER'S NO. 2698
No. 2055 Session of 1997
INTRODUCED BY GANNON, CHADWICK, HENNESSEY AND ORIE,
DECEMBER 10, 1997
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 10, 1997
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(c) and (d) of Title 75 of the
7 Pennsylvania Consolidated Statutes are amended and the section
8 is amended by adding a subsection to read:
9 § 6308. Investigation by police officers.
10 * * *
11 (c) Inspection [of garages and dealer premises].--Any police
12 officer or authorized department employee may, during regular
13 business or usual business hours or at any time business is
14 being conducted or work is being performed, inspect any vehicle
15 or part for which records are required to be kept under
16 subsection (d) in any garage [or], repair shop [or], on the
17 premises of any dealer, miscellaneous motor vehicle business,
18 salvage motor vehicle auction or pool operator, salvor, scrap
1 metal processor, motor vehicle parts business, or in any area
2 used to store vehicles, vehicle parts, tools used in the
3 business and business records thereof or other public place of
4 business for the purpose of [locating stolen vehicles or parts
5 or vehicles or vehicle parts with identification numbers removed
6 or falsified.]:
7 (1) locating stolen vehicles, parts of vehicles or
8 vehicle parts with identification numbers, Federal
9 certification labels, anti-theft labels or parts stickers
10 removed, altered or falsified; or
11 (2) inspecting the records required to be kept under
12 subsection (d).
13 The owner [of the garage or repair shop or the dealer], operator
14 or representative of the owner or operator of the business or
15 other person shall permit any police officer or authorized
16 department employee to make investigations under this
17 subsection.
18 (d) Records.--Every salvor, miscellaneous motor vehicle
19 business, salvage motor vehicle auction or pool operator, scrap
20 metal processor, motor vehicle parts business, garage, repair
21 shop and dealer shall keep accurate records of [motor vehicle
22 sales and dispositions] the purchase, acquisition, sale and
23 disposition of motor vehicles and motor vehicle parts. The
24 records shall include the make, year and type of vehicle or
25 vehicle part, from whom purchased or acquired [and date, vehicle
26 identification number and date of sale or disposition of
27 vehicle], sold to or disposed of, the date, location and place
28 purchased, acquired, sold or disposed of, the amount paid or
29 other tender exchanged for the purchase, acquisition, sale or
30 disposition, and the vehicle identification number or other
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1 serial numbers or manufacturer's identification numbers. The
2 records shall be available on the premises of the salvor,
3 miscellaneous motor vehicle business, salvage motor vehicle
4 auction or pool operator, scrap metal processor, motor vehicle
5 parts business, garage, repair shop and dealer and open to
6 inspection by any police officer or authorized department
7 employee. The records shall be maintained for three years from
8 the date of disposition of the vehicle or the vehicle parts.
9 (d.1) Seizure.--If inspection under subsection (c) reveals
10 stolen vehicles, stolen vehicle parts or vehicle or vehicle
11 parts with identification numbers, Federal certification labels,
12 anti-theft labels or parts stickers removed, altered or
13 falsified, any police officer or authorized department employee
14 may seize those vehicles or vehicle parts, records relating to
15 the seized vehicles or vehicle parts and the business, including
16 proof of ownership or operation of the business, as well as any
17 instrumentalities used to facilitate criminal activity.
18 * * *
19 Section 2. This act shall take effect in 60 days.
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