See other bills
under the
same topic
                                                      PRINTER'S NO. 2539

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2004 Session of 1999


        INTRODUCED BY EVANS, GEIST, BATTISTO, DeWEESE, VEON, M. COHEN,
           BELARDI, MYERS, KENNEY, RAMOS, O'BRIEN, LEDERER, DONATUCCI,
           BELFANTI, CASORIO, LAUGHLIN, J. TAYLOR, SAINATO, BUXTON,
           TRAVAGLIO, MANN, RIEGER, SHANER, TANGRETTI, SANTONI,
           YOUNGBLOOD, READSHAW, BEBKO-JONES, CAPPABIANCA, ROBINSON,
           MICHLOVIC, GODSHALL, SCRIMENTI, WOJNAROSKI, OLIVER, KELLER,
           LUCYK, STURLA, JOSEPHS, VAN HORNE, DRUCE, SCHRODER, PRESTON,
           ARGALL, WRIGHT, GIGLIOTTI, MELIO, HERSHEY, JAMES, BUTKOVITZ,
           CALTAGIRONE, THOMAS, McGEEHAN, SOLOBAY, WOGAN, GRUITZA,
           WATERS, BISHOP, LaGROTTA, GRUCELA, ROONEY, WASHINGTON, CARN,
           WALKO, ROEBUCK, PETRONE, FRANKEL, MANDERINO, PESCI, McCALL
           AND DeLUCA, OCTOBER 26, 1999

        REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 26, 1999

                                     AN ACT

     1  Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of
     2     the Pennsylvania Consolidated Statutes, providing for
     3     stripping abandoned vehicles; further providing for
     4     definitions, for vehicles destroyed, dismantled, salvaged or
     5     recycled, for suspension of operating privilege and for
     6     abandonment and stripping of vehicles; providing for civil
     7     liability for abandonment of vehicles, for reports to
     8     department of possession of abandoned and derelict vehicles,
     9     for reports and removal of abandoned vehicles within the
    10     boundaries of a city of the first class, for notice to owner
    11     and lienholders of abandoned and derelict vehicles, for
    12     payment of costs upon reclaiming vehicle, for public sale of
    13     unclaimed vehicles with value, for disposal of unclaimed
    14     vehicles and for restrictions on public sale of unclaimed
    15     vehicles; further providing for salvaging of derelict
    16     vehicles; providing for local authority to remove abandoned
    17     vehicles, for rights of property owners and residents, for
    18     abandoned and derelict vehicles on vacant, abandoned or other
    19     lots and for repeat abandoned vehicles; and adding provisions
    20     relating to derelict vehicles.

    21     The General Assembly of the Commonwealth of Pennsylvania
    22  hereby enacts as follows:

     1     Section 1.  Title 18 of the Pennsylvania Consolidated
     2  Statutes is amended by adding a section to read:
     3  § 3935.  Stripping abandoned vehicles.
     4     (a)  Offense defined.--
     5         (1)  Except as provided in paragraph (2), a person
     6     commits the offense of stripping an abandoned vehicle if the
     7     person intentionally removes any part of an abandoned
     8     vehicle.
     9         (2)  Paragraph (1) does not apply if the person:
    10             (i)  is the owner of the vehicle or the owner's
    11         agent; or
    12             (ii)  is authorized to make the removal under 75
    13         Pa.C.S. (relating to vehicles).
    14     (b)  Penalties.--Any person violating subsection (a):
    15         (1)  For a first offense, commits a misdemeanor of the
    16     third degree and shall, upon conviction, be subject to
    17     suspension of operating privileges pursuant to 75 Pa.C.S. §
    18     1532(e) (relating to suspension of operating privilege).
    19         (2)  For a subsequent offense, commits a felony of the
    20     third degree and shall, upon conviction, be subject to
    21     suspension of operating privileges pursuant to 75 Pa.C.S. §
    22     1532(e).
    23     (c)  Complaints.--In a case involving a violation of this
    24  section, the municipality in which the vehicle is located may
    25  file the complaint with the appropriate issuing authority.
    26     (d)  Allocation of fines.--Fifty percent of all fines imposed
    27  under subsection (b) shall be transferred to the municipality
    28  where the abandoned vehicle was found, and the remaining 50%
    29  shall be transferred and deposited in the Motor License Fund.
    30     Section 2.  The definitions of "abandoned vehicle," and
    19990H2004B2539                  - 2 -

     1  "vehicle identification number" in section 102 of Title 75 are
     2  amended and the section is amended by adding definitions to
     3  read:
     4  § 102.  Definitions.
     5     Subject to additional definitions contained in subsequent
     6  provisions of this title which are applicable to specific
     7  provisions of this title, the following words and phrases when
     8  used in this title shall have, unless the context clearly
     9  indicates otherwise, the meanings given to them in this section:
    10     "Abandoned vehicle."
    11         (1)  A vehicle (other than a pedalcycle) shall be
    12     presumed to be abandoned under any of the following
    13     circumstances, but the presumption is rebuttable by a
    14     preponderance of the evidence:
    15             (i)  The vehicle is physically inoperable and is left
    16         unattended on a highway or other public property for more
    17         than 48 hours.
    18             (ii)  The vehicle has remained illegally on a highway
    19         or other public property for a period of more than 48
    20         hours.
    21             (iii)  The vehicle is left unattended on or along a
    22         highway or other public property for more than 48 hours
    23         and does not bear [all] both of the following:
    24                 (A)  A valid registration plate.
    25                 (B)  A current certificate of inspection.
    26                 [(C)  An ascertainable vehicle identification
    27             number.]
    28             (iv)  The vehicle has remained on private property
    29         without the consent of the owner or person in control of
    30         the property for more than 48 hours.
    19990H2004B2539                  - 3 -

     1         (2)  Vehicles and equipment used or to be used in
     2     construction or in the operation or maintenance of highways
     3     or public utility facilities, which are left in a manner
     4     which does not interfere with the normal movement of traffic,
     5     shall not be considered to be abandoned.
     6     * * *
     7     "Derelict vehicle."  An abandoned vehicle, other than a
     8  vehicle which would qualify as an antique or classic vehicle
     9  except for its lack of restoration or maintenance, which has any
    10  of the following characteristics:
    11         (1)  has been stripped and defaced or otherwise so
    12     dilapidated that it is just a shell, is burned out,
    13     vandalized or deteriorated and has no value other than scrap;
    14     or
    15         (2)  has a wholesale value of $750 or less in 2000 or, in
    16     subsequent years, an amount annually adjusted for inflation
    17     by the Department of Transportation using the Consumer Price
    18     Index as published by the Bureau of Labor Statistics of the
    19     United States Department of Labor.
    20     * * *
    21     "Hidden vehicle identification number" or "hidden VIN."  The
    22  true vehicle identification number which may have been hidden in
    23  one or more places or incorporated into the vehicle by the
    24  manufacturer of the vehicle for the purpose of identification in
    25  the event the public VIN has been removed.
    26     * * *
    27     "Public vehicle identification number" or "public VIN." The
    28  vehicle identification number that has been placed by the
    29  manufacturer in a prominent place, such as on the dashboard, in
    30  plain view and not in other places where the VIN may be located,
    19990H2004B2539                  - 4 -

     1  or in the absence of a manufacturer-assigned number, which the
     2  Department of Transportation assigns to a vehicle for
     3  identification purposes.
     4     * * *
     5     "Vehicle identification number" or "VIN."  A combination of
     6  numerals or letters or both which the manufacturer assigns to a
     7  vehicle for identification purposes, or, in the absence of a
     8  manufacturer-assigned number, which the department assigns to a
     9  vehicle for identification purposes.
    10     * * *
    11     Section 3.  Section 1117(c) of Title 75 is amended to read:
    12  § 1117.  Vehicle destroyed, dismantled, salvaged or recycled.
    13     * * *
    14     (c)  Vehicles with defective or lost title.--Any person on
    15  whose property is located a derelict vehicle [which is valueless
    16  except for salvage] and which has a faulty, lost or destroyed
    17  title may transfer the vehicle to a salvor or to a salvage
    18  program operated by a political subdivision for removal to a
    19  suitable place of storage or for scrapping, provided the salvor
    20  or salvage program complies with the requirements of section
    21  7309 (relating to salvaging of derelict vehicles [valueless
    22  except for salvage]), except that the report to the department
    23  that the vehicle is [valueless except for salvage] a derelict
    24  vehicle shall be verified by the transferor of the vehicle
    25  instead of the police department. The transferee shall return
    26  the assigned certificate of title to the department immediately
    27  with an application for certificate of salvage upon a form
    28  furnished and prescribed by the department.
    29     * * *
    30     Section 4.  Section 1532 of Title 75 is amended by adding a
    19990H2004B2539                  - 5 -

     1  subsection to read:
     2  § 1532.  Suspension of operating privilege.
     3     * * *
     4     (e)  Suspension for abandoning a vehicle or stripping an
     5  abandoned vehicle.--The department shall suspend the operating
     6  privilege of any person convicted of a violation of section 3712
     7  (relating to abandonment of vehicles) and 18 Pa.C.S. § 3935
     8  (relating to stripping abandoned vehicles). The duration of the
     9  suspension shall be as follows:
    10         (1)  For a first offense, the department shall impose a
    11     suspension for a period of 30 days.
    12         (2)  For a second offense, the department shall impose a
    13     suspension for a period of 90 days.
    14         (3)  For a third and subsequent offense, the department
    15     shall impose a suspension for a period of one year.
    16  Any multiple suspensions imposed shall be served consecutively.
    17     Section 5.  Section 3352(d) of Title 75 is amended and the
    18  section is amended by adding a subsection to read:
    19  § 3352.  Removal of vehicle by or at direction of police.
    20     * * *
    21     (d)  Notice to owner prior to removal.--
    22         (1)  Prior to removal of an abandoned vehicle [bearing a
    23     registration plate, certificate of inspection or vehicle
    24     identification number plate by which the last registered
    25     owner of the vehicle can be determined], the police
    26     department shall [send a notice by certified mail to the last
    27     registered owner of the vehicle] place a notice on the
    28     vehicle in a prominent location informing the owner that
    29     unless the vehicle is moved to a suitable location within
    30     [seven] three days of the date notice is [mailed] placed on
    19990H2004B2539                  - 6 -

     1     the vehicle, the vehicle will be removed under this section
     2     and held at a suitable facility where it may be reclaimed by
     3     the owner in accordance with the provisions of section 7306
     4     (relating to payment of costs upon reclaiming vehicle). [If
     5     the abandoned motor vehicle does not bear an identifiable
     6     registration plate, certificate of inspection or vehicle
     7     identification number plate, the notice may be secured to the
     8     vehicle.
     9         (2)  If, within the seven-day period, the owner so
    10     requests, the owner shall be given an opportunity to explain
    11     to the police officer or department why the owner believes
    12     the vehicle should not be removed. If the police officer or
    13     department determines that the vehicle shall, nonetheless, be
    14     removed, the owner shall be given an additional 48 hours to
    15     remove the vehicle, have it removed or demand a hearing,
    16     which shall conform to the requirements of 2 Pa.C.S. Ch. 5
    17     Subch. B (relating to practice and procedure of local
    18     agencies). The police officer or department shall inform the
    19     owner of the right to a hearing by delivering to the owner a
    20     notice warning the owner that, unless the vehicle is removed
    21     or a hearing is demanded, the owner shall be subject to the
    22     provisions of section 7306. If, as a result of the hearing,
    23     it is determined that the vehicle will be removed, the owner
    24     shall be given an additional 48 hours to remove the vehicle
    25     or have it removed. The hearing shall be before a civilian
    26     officer or employee of the municipality in which the vehicle
    27     is located.]
    28         (3)  The provision for notice set forth in this
    29     subsection is [applicable only if the vehicle is abandoned
    30     upon a highway and is not in violation of subsection (b) or
    19990H2004B2539                  - 7 -

     1     section 3351(a) or 3353. Notice under this subsection is] in
     2     addition to any other notice requirements provided in Chapter
     3     73.
     4         (4)  This subsection does not apply to derelict vehicles
     5     with no identification as defined in subsection (e).
     6     (e)  Special provision for derelict vehicles with no
     7  identification.--If the abandoned vehicle is deemed to be a
     8  derelict vehicle and bears no registration plate, current
     9  certificate of inspection or public vehicle identification
    10  number plate by which the last registered owner of the vehicle
    11  can be determined, then the police officer may order the
    12  immediate removal of the vehicle pursuant to Chapter 73.
    13     Section 6.  Section 3712 of Title 75 is amended to read:
    14  § 3712.  Abandonment [and stripping] of vehicles.
    15     (a)  Abandonment on highway.--No person shall abandon a
    16  vehicle upon any highway.
    17     (b)  Abandonment on public or private property.--No person
    18  shall abandon a vehicle upon any public or private property,
    19  including, but not limited to, any common or shared neighborhood
    20  lot, vacant lot or abandoned property, without the express or
    21  implied consent of the owner or person in lawful possession or
    22  control of the property.
    23     [(c)  Stripping abandoned vehicle.--It is unlawful for any
    24  person, except the owner or his agent or as otherwise provided
    25  in this title, to remove any part of an abandoned vehicle.]
    26     (d)  Penalties.--
    27         [(1)  Any person violating subsection (a) or (b) is
    28     guilty of a summary offense and shall, upon conviction, be
    29     sentenced to pay a fine of $50 plus all costs of disposing of
    30     the vehicle under the provisions of Chapter 73 (relating to
    19990H2004B2539                  - 8 -

     1     abandoned vehicles and cargos).
     2         (2)  Any person violating subsection (c):
     3             (i)  For a first offense, is guilty of a summary
     4         offense punishable by a fine of not less than $100 nor
     5         more than $500.
     6             (ii)  For a subsequent offense, is guilty of a
     7         misdemeanor of the third degree.]
     8         (1)  Any person violating subsection (a) or (b):
     9             (i)  For a first offense, is guilty of a summary
    10         offense punishable by a fine of $500 plus all costs of
    11         disposing of the vehicle under the provisions of Chapter
    12         73 (relating to abandoned vehicles and cargos) and shall
    13         be subject to suspension of operating privileges pursuant
    14         to section 1532(e) (relating to suspension of operating
    15         privilege).
    16             (ii)  For a second offense, is guilty of a summary
    17         offense punishable by a fine of $1,000 plus all costs of
    18         disposing of the vehicle under the provisions of Chapter
    19         73, and shall be subject to suspension of operating
    20         privileges pursuant to section 1532(e).
    21             (iii)  For a third or subsequent offense, is guilty
    22         of a misdemeanor of the third degree and shall be ordered
    23         to pay all costs of disposing of the vehicle under the
    24         provisions of Chapter 73, and shall be subject to
    25         suspension of operating privileges pursuant to section
    26         1532(e).
    27         (2)  In a case involving a violation of this section, the
    28     municipality in which the vehicle is located may file the
    29     complaint with the appropriate issuing authority.
    30     (e)  Allocation of fines.--Fifty percent of all fines imposed
    19990H2004B2539                  - 9 -

     1  under subsection (d) shall be transferred to the municipality
     2  where the abandoned vehicle was found and the remaining 50%
     3  shall be transferred and deposited in the Motor License Fund.
     4     Section 7.  Title 75 is amended by adding a section to read:
     5  § 3712.1.  Civil liability for abandonment of vehicles.
     6     Any person who abandons or strips a vehicle is liable for
     7  civil damages from property owners, residents where the vehicle
     8  is abandoned, residents or neighborhood organizations within the
     9  vicinity of the abandoned vehicle or local authorities. These
    10  claims may be filed pursuant to 42 Pa.C.S. §§ 1123 (relating to
    11  jurisdiction and venue) and 1515 (relating to jurisdiction and
    12  venue).
    13     Section 8.  Sections 7304, 7305(a), 7306, 7307, 7308 and 7309
    14  of Title 75 are amended to read:
    15  § 7304.  Reports to department of possession of abandoned and
    16             derelict vehicles.
    17     Any salvor taking possession of an abandoned or derelict
    18  vehicle pursuant to section 7301(c) (relating to authorization
    19  of salvors) shall within 48 hours after taking possession report
    20  to the department the make, model, vehicle identification number
    21  and registration plate number of the abandoned vehicle, and the
    22  name and address of the owner or person who abandoned the
    23  vehicle, if known, together with any other information or
    24  documents which the department may by regulation require. The
    25  report shall include a statement whether the vehicle is
    26  [valueless except for salvage] a derelict vehicle. Where the
    27  report indicates the vehicle is [valueless except for salvage] a
    28  derelict vehicle, the salvor shall include a photograph of the
    29  vehicle to be prepared in a manner prescribed by the department.
    30  A report and photograph by a salvor that a vehicle is [valueless
    19990H2004B2539                 - 10 -

     1  except for salvage] a derelict vehicle shall be verified by the
     2  police department which authorized transfer of the vehicle to
     3  the salvor.
     4  § 7305.  Notice to owner and lienholders of abandoned vehicles.
     5     (a)  General rule.--Except as provided in section 7309
     6  (relating to salvaging of derelict vehicles [valueless except
     7  for salvage]), the department, upon receipt of notice that an
     8  abandoned vehicle has been taken into possession pursuant to
     9  this chapter, shall notify by certified mail, return receipt
    10  requested, the last known registered owner of the vehicle and
    11  all lienholders of record that the vehicle is abandoned.
    12     * * *
    13  § 7306.  Payment of costs upon reclaiming vehicle.
    14     In the event the owner or lienholder of an abandoned vehicle
    15  reclaims the vehicle, the reclaiming party shall pay the costs
    16  for towing and storage, plus a fee of [$25] $75 of which [$10]
    17  $30 shall be transmitted to the department by the salvor and $30
    18  shall be transmitted by the salvor to the municipality where the
    19  vehicle was abandoned.
    20  § 7307.  Authorization for disposal of unclaimed vehicles.
    21     The department shall, after the expiration of [30] 20 days
    22  from the date of notice sent by certified mail to the registered
    23  owner and all lienholders of record or [30] 20 days after
    24  publication of notice, where applicable, and upon receipt of a
    25  written statement from the holder of the vehicle that the
    26  abandoned vehicle has not been reclaimed by the owner or
    27  lienholder within the [30-day] 20-day period, authorize the
    28  disposal of the abandoned vehicle in accordance with the
    29  provisions of this chapter.
    30  § 7308.  Public sale of unclaimed vehicles with value.
    19990H2004B2539                 - 11 -

     1     (a)  General rule.--If an abandoned vehicle [having value],
     2  other than a derelict vehicle, has not been reclaimed as
     3  provided in this chapter, the vehicle shall be sold at a public
     4  auction.
     5     (b)  Title of purchaser.--The salvor shall give the purchaser
     6  a sales receipt and shall apply to the department for a title
     7  which shall be free and clear of all previous liens and claims
     8  of ownership.
     9     (c)  Disposition of proceeds.--From the proceeds of the sale
    10  of the abandoned vehicle, the salvor shall be reimbursed for the
    11  costs of towing, storage, notice and publication costs and
    12  expenses of auction. The remainder of the proceeds of a sale
    13  shall be held for the owner of the vehicle or record lienholder
    14  for 60 days from the date of sale and if not properly claimed
    15  shall then be paid to the department and transmitted to the
    16  State Treasurer for deposit in the Motor License Fund.
    17     (d)  Public sale of derelict vehicles prohibited.--A derelict
    18  vehicle may not be auctioned as a vehicle but may be sold for
    19  parts or scrap materials or otherwise destroyed pursuant to
    20  section 7309 (relating to salvaging of derelict vehicles).
    21  § 7309.  Salvaging of derelict vehicles [valueless except for
    22             salvage].
    23     (a)  Application for certificate of salvage.--If an abandoned
    24  vehicle is [valueless except for salvage] deemed a derelict
    25  vehicle by a police officer, salvor or municipality, the salvor
    26  or municipality shall note that fact in the report to the
    27  department required in section 7304 (relating to reports to
    28  department of possession of abandoned and derelict vehicles) and
    29  shall apply for issuance of a certificate of salvage as provided
    30  for in section 1117 (relating to vehicle destroyed, dismantled,
    19990H2004B2539                 - 12 -

     1  salvaged or recycled).
     2     [(b)  Notice and issuance of certificate.--If the identity of
     3  the last registered owner cannot be determined with reasonable
     4  certainty and it is impossible to determine with reasonable
     5  certainty the identity and addresses of any lienholder, no
     6  notice shall be required. Under such circumstances, the
     7  department shall upon receipt of the report by the salvor
     8  pursuant to section 7304 issue a certificate of salvage as
     9  provided in section 1117.]
    10     (b.1)  Issuance of certificate.--
    11         (1)  Upon receipt of an application for salvage of a
    12     derelict vehicle, the department shall issue a certificate
    13     for salvage within ten business days if it is satisfied that
    14     the vehicle is a derelict vehicle.
    15         (2)  No application shall be rejected if the police
    16     officer and either the salvor or municipality agree that the
    17     vehicle is a derelict vehicle.
    18         (3)  No application shall be rejected for lack of a
    19     vehicle identification number when the public VIN is missing
    20     as verified by a police officer, but such verification shall
    21     not be construed as releasing the police or local authorities
    22     or agents for the local authority from searching for a hidden
    23     VIN. In such cases, the police officer or local authority
    24     shall notify the department that the derelict vehicle was
    25     searched and found to be missing any public or hidden VIN.
    26     For the cases where no search for a hidden VIN is made, the
    27     department may send its own representatives, members of the
    28     Pennsylvania State Police, representatives from other
    29     agencies or private consultants to search for a hidden VIN
    30     within ten business days from the receipt of the application.
    19990H2004B2539                 - 13 -

     1     (b.2)  Vehicles stolen or part of criminal investigation.--
     2         (1)  If it is found that a derelict vehicle was reported
     3     stolen, the department shall follow the procedures in
     4     Subchapter B of Chapter 71 (relating to stolen vehicles). In
     5     such cases, the law enforcement agency where the vehicle was
     6     stolen shall notify the salvor or local authority within ten
     7     business days of any intentions to take possession or make
     8     arrangement for storage of the said valueless vehicle, and
     9     the department shall clearly state the ten-business-day
    10     restriction in the notification to the law enforcement
    11     agency. If the case has been closed, or if the said law
    12     enforcement agency does not express its intentions for
    13     possession or other arrangements, the salvor or local
    14     authority may request a certificate for salvage from the
    15     department pursuant to subsection (b.1).
    16         (2)  If an abandoned vehicle turns out to be stolen and
    17     the owner has not been compensated through an insurance
    18     policy, then the owner may request and is entitled to 90% of
    19     the value for the parts and materials from the salvor, and
    20     the salvor shall be eligible for reimbursement under
    21     subsection (c).
    22     (c)  Reimbursement of expenses of salvor.--Upon receipt
    23  within [six months] 30 days of evidence that a salvor has
    24  removed [an abandoned] a derelict vehicle upon the request of a
    25  police department, the department shall pay to the salvor from
    26  the Motor License Fund the sum of [$15] $72 in 2000, or in
    27  subsequent years, an amount annually adjusted for inflation by
    28  the department using the Consumer Price Index as published by
    29  the Bureau of Labor Statistics of the United States Department
    30  of Labor for the expenses incurred in the removal and towing of
    19990H2004B2539                 - 14 -

     1  the abandoned vehicle. No portion of [$15] the $72 payment or
     2  any separate consideration shall be reimbursed or paid to any
     3  government agency or municipality by the salvor.
     4     (d)  Rights of owners and lienholders.--Issuance by the
     5  department of a certificate of salvage for a vehicle salvaged
     6  under this section shall operate as a divestiture of all right,
     7  title and interest in the vehicle of the owner and all
     8  lienholders.
     9     Section 11.  Title 75 is amended by adding sections to read:
    10  § 7313.  Local authority to remove abandoned vehicles.
    11     (a)  General rule.--A municipality shall have the police
    12  power to and may at its option remove and dispose of abandoned
    13  vehicles and derelict vehicles pursuant to section 7309
    14  (relating to salvaging of derelict vehicles). A municipality may
    15  designate other departments or authorities with the power to
    16  remove and process derelict vehicles.
    17     (b)  Construction.--Nothing in this chapter shall be
    18  construed to prohibit a municipality from adopting a plan and
    19  process for the removal and disposition of abandoned vehicles
    20  and derelict vehicles, provided that the removal and disposition
    21  is performed by the municipality and not by salvors.
    22  § 7314.  Salvors to remove abandoned and derelict vehicles in
    23             good faith.
    24     (a)  General rule.--When requested to remove an abandoned or
    25  derelict vehicle, no salvor shall relocate and abandon the
    26  vehicle. The salvor shall move the vehicle to a facility for the
    27  purpose of storage of abandoned and derelict vehicles or another
    28  place as directed by the police or approved by the department.
    29     (b)  Penalty.--Any salvor who violates this section shall be
    30  subject to the penalties in section 3712 (relating to
    19990H2004B2539                 - 15 -

     1  abandonment of vehicles) in addition to any disciplinary action
     2  from the department and shall pay an additional fine of not less
     3  than $1,000 and not more than $10,000, half of which fine shall
     4  be paid to this department and the other half to be paid to the
     5  municipality where the vehicle was abandoned.
     6  § 7315.  Rights of property owners and residents.
     7     (a)  General rule.--An owner of any real property or resident
     8  or leaseholder thereof or person in control of the property on
     9  which there is an abandoned vehicle may request removal of the
    10  abandoned vehicle. Upon such request, the police department may
    11  order the local authority or salvor to remove the vehicle
    12  pursuant to the provisions of this chapter.
    13     (b)  Sworn statement.--Whenever a request under this section
    14  is made directly to a salvor without the aid of a police
    15  officer, the salvor shall sign a written statement, subject to
    16  the penalty prescribed under 18 Pa.C.S. § 4904 (relating to
    17  unsworn falsification to authorities), that the information
    18  relating to the abandoned vehicle was reported to the
    19  department.
    20  § 7316.  Abandoned and derelict vehicles on vacant, abandoned or
    21             other lots.
    22     Police officers shall have the authority and power to order
    23  the removal of abandoned and derelict vehicles on lots that are
    24  vacant, common or shared neighborhood lots, or where the owner
    25  cannot be reasonably ascertained or found. Upon such a request,
    26  a salvor or municipality shall remove the abandoned vehicle or
    27  derelict vehicle pursuant to the provisions of this chapter.
    28  § 7317.  Repeat abandoned vehicles.
    29     A vehicle that has been abandoned more than once shall not be
    30  auctioned as a vehicle but must be sold for parts or scrap
    19990H2004B2539                 - 16 -

     1  material or simply destroyed by the salvor or local authority.
     2  The owner of said vehicle forfeits that owner's rights to the
     3  vehicle or proceeds from the parts or scrap materials.
     4     Section 12.  This act shall take effect as follows:
     5         (1)  The amendment or addition of 75 Pa.C.S. §§ 102,
     6     3352, 3712.1, 7313, 7314, 7315 and 7316 shall take effect
     7     immediately.
     8         (2)  This section shall take effect immediately.
     9         (3)  The remainder of this act shall take effect in 30
    10     days.














    J18L75DMS/19990H2004B2539       - 17 -