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PRINTER'S NO. 88
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
103
Session of
2023
INTRODUCED BY SCHMITT, IRVIN, JAMES AND ZIMMERMAN, MARCH 7, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 7, 2023
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; and, in abandoned vehicles and cargos, further
providing for reports by private property owners of abandoned
vehicles.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "abandoned vehicle" in section
102 of Title 75 of the Pennsylvania Consolidated Statutes are
amended and the section is amended by adding a definition to
read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
"Abandoned vehicle."
(1) A vehicle (other than a pedalcycle) shall be
presumed to be abandoned under any of the following
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circumstances, but the presumption is rebuttable by a
preponderance of the evidence:
(i) The vehicle is physically inoperable and is left
unattended on a highway or other public property for more
than 48 hours.
(ii) The vehicle has remained illegally on a highway
or other public property for a period of more than 48
hours.
(iii) The vehicle is left unattended on or along a
highway or other public property for more than 48 hours
and does not bear all of the following:
(A) A valid registration plate.
(B) A current certificate of inspection.
(C) An ascertainable vehicle identification
number.
(iv) The vehicle has remained on private property
without the consent of the owner or person in control of
the property for more than 24 hours.
(v) The vehicle has remained on the private property
of a salvor for 20 days.
(vi) The vehicle has remained on the property of a
wholesale vehicle auction without the consent of the
wholesale vehicle auction for more than three business
days.
(2) Vehicles and equipment used or to be used in
construction or in the operation or maintenance of highways
or public utility facilities, which are left in a manner
which does not interfere with the normal movement of traffic,
shall not be considered to be abandoned.
* * *
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"Wholesale vehicle auction." A person that:
(1) is required to be licensed for commission,
compensation or other consideration in the business of
providing wholesale vehicle auction services at an
established place of business, regardless of whether the
person has custody or control of the vehicles; and
(2) has the authority of the buyer or seller of a
vehicle to negotiate or conduct a transaction on behalf of
the buyer or seller under the act of December 22, 1983
(P.L.306, No.84), known as the Board of Vehicles Act.
* * *
Section 2. Section 7311.1 of Title 75 is amended to read:
§ 7311.1. Reports by private property owners of abandoned
vehicles.
(a) Removal of abandoned vehicles.--
(1) A person on whose private property is located a
vehicle which has remained on the property without the
consent of the property owner or [his] an agent for more than
24 hours may authorize the removal or processing of the
vehicle.
(2) Prior to removal or processing of the vehicle,
[that] the person shall file a report, on a multipart form
prescribed by the department, with the local police
department declaring that an unauthorized vehicle has been
left unattended and on private property for at least 24
hours. One part of [such] the report shall be retained by
[that] the person[,] and the other part shall be filed with
the police department.
(3) The police department shall, within five business
days, process the vehicle as abandoned under this chapter and
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attach a copy of the report to the abandoned vehicle
information report.
(b) Salvors.--
(1) An unauthorized vehicle that has been left
unattended and on private property includes a vehicle towed
to a salvor's property that has remained on the salvor's
property for a period of 20 days.
(2) After the 20-day period, the salvor may file a
report as provided under subsection (a). If the salvor elects
to file a report, the salvor shall retain and process the
vehicle for which the report has been filed.
(c) Wholesale vehicle auction.--
(1) An unauthorized vehicle that has been left
unattended on private property shall include a vehicle
intended for sale or that has been sold through a wholesale
vehicle auction if the vehicle has remained on the property
of the wholesale vehicle auction without the consent or
authorization of the wholesale vehicle auction for a period
exceeding three business days.
(2) After the three-day period under paragraph (1), the
wholesale vehicle auction may file a report under subsection
(a). If the wholesale vehicle auction elects to file a
report, the wholesale vehicle auction may remove, sell or
legally obtain the ownership and title of a vehicle that is
declared an abandoned vehicle on the property of the
wholesale vehicle auction for which the report has been
filed. The following shall apply:
(i) A wholesale vehicle auction that intends to sell
or legally obtain ownership of an abandoned vehicle shall
indicate the auction's intention on the report that has
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been filed.
(ii) If a wholesale vehicle auction follows the
procedures outlined in this subchapter and the abandoned
vehicle remains unclaimed, the wholesale vehicle auction
may submit an application for a certificate of title to
the department.
(iii) If the department determines that a new
certificate of title should be issued, an abandoned
vehicle branded title shall be issued to the wholesale
vehicle auction.
(iv) After an abandoned vehicle branded title is
issued under subparagraph (iii), the vehicle shall be
offered for sale at auction by the wholesale vehicle
auction. Notice shall be provided to prospective buyers
that the title has been branded as a former abandoned
vehicle.
(v) A wholesale vehicle auction that complies with
this section shall not be subject to liability from the
owner or seller of an abandoned vehicle removed, sold or
otherwise disposed of under this section. A purchaser of
an abandoned vehicle at a wholesale vehicle auction under
this section shall not be subject to liability from the
owner or seller of the abandoned vehicle.
(3) The wholesale vehicle auction shall be reimbursed
for all applicable costs related to the storage and
processing of the vehicle under this subsection from the
proceeds of the sale of the vehicle. The remaining proceeds
of the sale shall be paid to the department and transmitted
to the State Treasurer for deposit into the Motor License
Fund.
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(4) A wholesale vehicle auction may impose, charge and
collect reasonable fees from the owner or seller regarding an
abandoned vehicle. The following shall apply:
(i) A wholesale vehicle auction may not impose
storage fees of more than $25 per day and may not impose
storage fees for the first three business days that the
vehicle has remained on the property of the wholesale
vehicle auction without the consent or authorization of
the wholesale vehicle auction.
(ii) If the title for the abandoned vehicle has been
transferred to the wholesale vehicle auction, the fees
associated with the storage and processing of the vehicle
shall be deemed to have been satisfied.
(iii) Information regarding the fees under this
paragraph shall be posted on the wholesale vehicle
auction's publicly accessible Internet website or
provided directly to each person utilizing the wholesale
vehicle auction's services.
(5) Storage fees may not be imposed by the wholesale
vehicle auction on or after the date of transfer of the
vehicle to a salvor, if applicable. If the abandoned vehicle
has been transferred to a salvor and the vehicle is
subsequently sold at a salvage auction:
(i) The salvor shall recover the appropriate costs
of towing and storage.
(ii) The wholesale vehicle auction shall be
reimbursed for the cost of storing, obtaining a title and
processing related to the vehicle when the additional
funds are available as the result of the salvor's
auction. The remaining proceeds of the sale shall be paid
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to the department and transmitted to the State Treasurer
for deposit into the Motor License Fund.
Section 3. This act shall take effect in 120 days.
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