PRINTER'S NO. 1515

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1346 Session of 1979


        INTRODUCED BY REED AND STEWART, MAY 21, 1979

        REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 21, 1979

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for removal of vehicles and
     3     procedures relating thereto.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  The definitions of "abandoned vehicle" and
     7  "salvor" in section 102 of Title 75, act of November 25, 1970
     8  (P.L.707, No.230), known as the Pennsylvania Consolidated
     9  Statutes, are amended and a definition is added to read:
    10  § 102.  Definitions.
    11     Subject to additional definitions contained in subsequent
    12  provisions of this title which are applicable to specific
    13  provisions of this title, the following words and phrases when
    14  used in this title shall have, unless the context clearly
    15  indicates otherwise, the meanings given to them in this section:
    16     "Abandoned vehicle."
    17         (1)  A vehicle (other than a pedalcycle):
    18             (i)  that is inoperable and is left unattended on
    19         public property for more than 48 hours;

     1             (ii)  that has remained illegally on public property
     2         for a period of more than 48 hours;
     3             (iii)  without a valid registration plate or
     4         certificate of inspection or title left unattended on or
     5         along a highway; [or]
     6             (iv)  that has remained on private property without
     7         the consent of the owner or person in control of the
     8         property for more than 48 hours; or
     9             (v)  that has remained unclaimed at a salvor's or
    10         tower's storage facility for more than 30 days.
    11         (2)  Vehicles and equipment used or to be used in
    12     construction or in the operation or maintenance of public
    13     utility facilities, which are left in a manner which does not
    14     interfere with the normal movement of traffic, shall not be
    15     considered to be abandoned.
    16     * * *
    17     "Salvor."  A person [engaged in the business of acquiring
    18  abandoned] authorized by the department to remove vehicles from
    19  public or private property or acquire abandoned vehicles for the
    20  purpose of taking apart, junking, selling, rebuilding or
    21  exchanging the vehicles or parts thereof.
    22     * * *
    23     "Tower."  A person authorized by the department to remove
    24  vehicles from public or private property.
    25     * * *
    26     Section 2.  Sections 3352 and 3353(c) of Title 75 are amended
    27  to read:
    28  § 3352.  Removal of vehicle by or at direction of police.
    29     (a)  Outside business and residence districts.--Whenever any
    30  police officer finds a vehicle in violation of any of the
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     1  provisions of section 3351 (relating to stopping, standing and
     2  parking outside business and residence districts), the officer
     3  may move the vehicle, or cause the vehicle to be moved, or
     4  require the driver or other person in charge of the vehicle to
     5  move the vehicle, to a position off the roadway where the
     6  vehicle will not interfere unduly with the normal movement of
     7  traffic or constitute a safety hazard.
     8     (b)  Unattended vehicle obstructing traffic.--Any police
     9  officer may remove or cause to be removed to a nearby garage or
    10  other nearby place of safety any unattended vehicle illegally
    11  left standing upon any highway, bridge, causeway or in any
    12  tunnel, in such position or under such circumstances as to
    13  interfere unduly with the normal movement of traffic or
    14  constitute a safety hazard.
    15     (c)  Removal to garage or place of safety.--Any police
    16  officer may remove or cause to be removed to a nearby garage or
    17  other place of safety any vehicle [found upon a highway] under
    18  any of the following circumstances:
    19         (1)  Report has been made that the vehicle has been
    20     stolen or taken without the consent of its owner.
    21         (2)  The person or persons in charge of the vehicle are
    22     physically unable to provide for the custody or removal of
    23     the vehicle.
    24         (3)  The person driving or in control of the vehicle is
    25     arrested for an alleged offense for which the officer is
    26     required by law to take the person arrested before an issuing
    27     authority without unnecessary delay.
    28         (4)  The vehicle is in violation of section 3353
    29     (relating to prohibitions in specified places) except for
    30     overtime parking.
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     1         (5)  The vehicle has been abandoned as defined in this
     2     title. The officer shall comply with the provisions of
     3     subsection (d) and Chapter 73 (relating to abandoned vehicles
     4     and cargos).
     5     (d)  Notice to owner prior to removal.--
     6         (1)  Prior to removal under subsection (c)(5) of [an
     7     abandoned] a vehicle which is abandoned upon a highway and is
     8     not in violation of subsection (b), section 3351(a) or
     9     section 3353 bearing a registration plate by which the last
    10     registered owner of the vehicle can be determined, notice
    11     shall be sent by certified mail to the last registered owner
    12     of the vehicle informing the owner that unless the vehicle is
    13     moved to a suitable location within five days of the date
    14     notice is mailed, the vehicle will be removed under this
    15     section and held at a suitable facility where it may be
    16     reclaimed by the owner in accordance with the provisions of
    17     section 7306 (relating to payment of costs upon reclaiming
    18     vehicle). If the abandoned motor vehicle does not bear an
    19     identifiable registration plate, the notice may be secured to
    20     the vehicle.
    21         (2)  If, within the five-day period, the owner so
    22     requests, the owner shall be given an opportunity to explain
    23     to the police officer or department why the owner believes
    24     the vehicle should not be moved. If the police officer or
    25     department determines that the vehicle shall, nonetheless, be
    26     moved, the owner shall be given an additional 48 hours to
    27     move the vehicle or have it moved.
    28         (3)  The provision for notice set forth in this
    29     subsection is in addition to any other notice requirements
    30     provided in Chapter 73.
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     1  § 3353.  Prohibitions in specified places.
     2     * * *
     3     (c)  Property owner may remove vehicle.--[The owner or other
     4  person in charge or possession of any property on which a
     5  vehicle is parked or left unattended in violation of the
     6  provisions of subsection (b) may remove or have removed the
     7  vehicle at the reasonable expense of the owner of the vehicle.]
     8         (1)  The owner or other person in charge or possession of
     9     any property on which a vehicle is parked or left unattended
    10     in violation of the provisions of subsection (b) may have a
    11     salvor or tower remove the vehicle at the reasonable expense
    12     of the owner or registrant of the vehicle if the property is:
    13             (i)  used exclusively for parking in connection with
    14         a private dwelling or not open to the public; or
    15             (ii)  open to the public with or without charge or
    16         used for parking in connection with a business and posted
    17         in accordance with department regulations.
    18         (2)  Any salvor or tower removing a vehicle pursuant to
    19     paragraph (1) shall immediately notify the police having
    20     jurisdiction of the place where the vehicle was found of the
    21     new location of the vehicle.
    22         (3)  No storage costs shall be assessed pursuant to
    23     paragraph (1) for the first 24 hours of possession of a
    24     vehicle.
    25     * * *
    26     Section 3.  Title 75 is amended by adding sections to read:
    27  § 3355.  Movement of vehicles without owner's consent.
    28     (a)  General rule.--No person except a salvor or a tower
    29  shall move a vehicle without the consent of the owner or
    30  registrant or a person authorized by the owner or registrant,
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     1  unless directed by a police officer in accordance with section
     2  3352 (relating to removal of vehicle by or at direction of
     3  police). A tower shall not move an abandoned vehicle unless
     4  directed by a police officer.
     5     (b)  Authorization of towers.--The department shall authorize
     6  and issue a certificate of authorization to every tower that
     7  complies with regulations adopted by the department.
     8     (c)  Place of business.--Every tower shall have and maintain
     9  an established place of business.
    10     (d)  Towers to be bonded.--
    11         (1)  Each tower shall furnish and maintain a bond
    12     indemnifying the public and the department in the amount of
    13     $5,000.
    14         (2)  A tower who has filed a bond with the Commonwealth
    15     is not required to file a separate bond under this section if
    16     the bond already on file with the Commonwealth is comparable
    17     in amount and coverage to the bond required under this
    18     section.
    19  § 3356.  Implied lien.
    20     Every driver, owner and registrant of a vehicle in this
    21  Commonwealth shall be deemed to have given consent to having the
    22  vehicle removed at their reasonable expense and detained to
    23  insure payment if the vehicle is removed under the provisions of
    24  section 3352(a), (b) or (c) (relating to removal of vehicle by
    25  or at direction of police) or section 3353(c) (relating to
    26  prohibitions in specified places).
    27     Section 4.  Sections 4729, 6308(c), 7301, 7302(c), 7304,
    28  7305(b), 7306 and section 7308(b) and (c) of Title 75 are
    29  amended to read:
    30  § 4729.  Removal of certificate of inspection.
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     1     No certificate of inspection shall be removed from a vehicle
     2  for which the certificate was issued except to replace it with a
     3  new certificate of inspection issued in accordance with the
     4  provisions of this chapter or as follows:
     5         (1)  The police officer may remove a certificate of
     6     inspection in accordance with the provisions of section
     7     4703(d) (relating to operation of vehicle without official
     8     certificate of inspection).
     9         (2)  A person replacing a windshield or repairing a
    10     windshield in such a manner as to require removal of a
    11     certificate of inspection shall at the option of the
    12     registrant of the vehicle cut out the portion of the
    13     windshield containing the certificate and deliver it to the
    14     registrant of the vehicle or destroy the certificate. The
    15     vehicle may be driven for up to five days if it displays the
    16     portion of the old windshield containing the certificate as
    17     prescribed in department regulations. Within the five day
    18     period an official inspection station may affix to the
    19     vehicle another certificate of inspection for the same
    20     inspection period without reinspecting the vehicle in
    21     exchange for the portion of the old windshield containing the
    22     certificate of inspection. A fee of no more than $1 may be
    23     charged for the exchanged certificate of inspection.
    24         (3)  [A salvor] Every applicant for a certificate of junk
    25     pursuant to section 1117(a) (relating to vehicle destroyed or
    26     junked) shall remove and destroy the certificate of
    27     inspection on [every vehicle in his possession except
    28     vehicles used in the operation of the business of the salvor]
    29     the vehicle.
    30  § 6308.  Investigation by police officers.
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     1     * * *
     2     (c)  Inspection of garages and dealer premises.--Any police
     3  officer or authorized department employee may inspect any
     4  vehicle in any public garage or repair shop or on the premises
     5  of any dealer, tower, salvor, scrap metal processor, or other
     6  public place of business for the purpose of locating stolen
     7  vehicles or parts. The owner of the garage or repair shop or the
     8  dealer or other person shall permit any police officer or
     9  authorized department employee to make investigations under this
    10  subsection.
    11  § 7301.  Authorization of salvors.
    12     (a)  General rule.--The department shall authorize and shall
    13  issue a certificate of authorization to every salvor that
    14  complies with the requirements of this chapter and regulations
    15  adopted by the department [and is a vehicle salvage dealer as
    16  defined in section 1337(c)(2) (relating to use of "Miscellaneous
    17  Motor Vehicle Business" registration plates)].
    18     (b)  Unauthorized operation prohibited.--No person shall
    19  operate as a salvor unless authorized.
    20     (c)  Duty of salvor.--Upon written request of a police
    21  department, a salvor shall take possession of and remove to the
    22  storage facility of the salvor any abandoned vehicle located
    23  within 30 miles of the place of business of the salvor[.] :
    24         (1)  on public property; or
    25         (2)  on private property, if the vehicle has value other
    26     than for junk.
    27     (d)  Storage facility.--A salvor may rent or own a storage
    28  facility, which shall comply with the act of [December 15, 1971
    29  (P.L.596, No.160), known as the "Outdoor Advertising Control Act
    30  of 1971," where applicable, and with regulations promulgated by
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     1  the department.] July 28, 1966 (3rd Sp.Sess., P.L.91, No.4),
     2  referred to as the Junkyard and Automotive Recycler Screening
     3  Law.
     4  § 7302.  Certificate of authorization.
     5     * * *
     6     (c)  Bonding required.--
     7         (1)  Before issuing a certificate of authorization, the
     8     department shall require the applicant to furnish and
     9     maintain a bond indemnifying the public and the department in
    10     the amount of $10,000.
    11         (2)  An individual bond for each place of business is not
    12     required, but all places of business shall be covered by the
    13     bond.
    14     * * *
    15  § 7304.  Reports to department of possession of abandoned
    16           vehicles.
    17     Any salvor [taking] or tower in possession of an abandoned
    18  vehicle [pursuant to section 7301(c) (relating to authorization
    19  of salvors)] shall within 48 hours [after taking possession]
    20  report to the department the make, model, vehicle identification
    21  number and registration plate number of the abandoned vehicle,
    22  and the name and address of the owner or person who abandoned
    23  the 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 junk. Where the report indicates the
    27  vehicle is valueless except for junk, the salvor shall include a
    28  photograph of the vehicle to be prepared in a manner prescribed
    29  by the department. A report by a salvor that a vehicle is
    30  valueless except for junk shall be verified by the police
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     1  department which authorized transfer of the vehicle to the
     2  salvor.
     3  § 7305.  Notice to owner and lienholders of abandoned vehicles.
     4     * * *
     5     (b)  Contents of notice.--The notice shall:
     6         (1)  Describe the make, model, title number, vehicle
     7     identification number and registration plate number of the
     8     abandoned vehicle, if known.
     9         (2)  State the location where the vehicle is being held.
    10         (3)  Inform the owner and any lienholders of their right
    11     to reclaim the vehicle within 30 days after the date of the
    12     notice at the place where the vehicle is being held by the
    13     salvor or tower, upon payment of all towing and storage
    14     charges and the fee authorized in section 7306 (relating to
    15     payment of costs upon reclaiming vehicle).
    16         (4)  State that the failure of the owner or lienholder to
    17     reclaim the vehicle is deemed consent by the owner to the
    18     destruction, sale or other disposition of the abandoned
    19     vehicle and of all lienholders to dissolution of their liens.
    20     * * *
    21  § 7306.  Payment of costs upon reclaiming vehicle.
    22     In the event the owner or lienholder of an abandoned vehicle
    23  reclaims the vehicle, the reclaiming party shall pay the costs
    24  for towing and storage, plus a fee of [$25 of which $10] $15
    25  which shall be transmitted to the department by the salvor or
    26  tower.
    27  § 7308.  Public sale of unclaimed vehicles with value.
    28     * * *
    29     (b)  Title of purchaser.--The salvor or tower shall give the
    30  purchaser a sales receipt and shall apply to the department for
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     1  a title which shall be free and clear of all previous liens and
     2  claims of ownership.
     3     (c)  Disposition of proceeds.--From the proceeds of the sale
     4  of the abandoned vehicle, the salvor or tower shall be
     5  reimbursed for the costs of towing, storage, notice and
     6  publication costs and expenses of auction. The remainder of the
     7  proceeds of a sale shall be held for the owner of the vehicle or
     8  record lienholder for 60 days from the date of sale and if not
     9  properly claimed shall then be paid to the department and
    10  transmitted to the State Treasurer for deposit in the Motor
    11  License Fund.
    12     Section 5.  Subsections (a) and (c) of section 7309 of Title
    13  75 are amended to read:
    14  § 7309.  Junking of vehicles valueless except for junk.
    15     (a)  Application for certificate of junk.--If an abandoned
    16  vehicle is valueless except for junk, the salvor or tower shall
    17  note that fact in the report to the department required in
    18  section 7304 (relating to reports to department of possession of
    19  abandoned vehicles) and shall apply for issuance of a
    20  certificate of junk as provided for in section 1117 (relating to
    21  vehicle destroyed or junked).
    22     * * *
    23     (c)  Reimbursement of expenses of salvor or tower.--
    24         (1)  Salvors.--Upon receipt within six months of evidence
    25     that a salvor has removed an abandoned vehicle which is
    26     valueless except for junk upon the request of a police
    27     department and has applied for a certificate of junk, the
    28     department shall pay to the salvor from the Motor License
    29     Fund the sum of $15 for the expenses incurred in the removal
    30     and towing of the abandoned vehicle. No portion of the $15
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     1     payment or any separate consideration shall be reimbursed or
     2     paid to any government agency or municipality by the salvor.
     3         (2)  Towers.--Upon evidence that a tower has removed an
     4     abandoned vehicle which is valueless except for junk upon the
     5     request of a police department and has obtained a certificate
     6     of junk and has transferred the vehicle within 30 days of the
     7     receipt of such certificate, the department shall pay to the
     8     tower from the Motor License Fund the sum of $15 for the
     9     expenses incurred in removal and towing of the abandoned
    10     vehicle. No portion of the $15 payment or any other separate
    11     consideration shall be reimbursed or paid to any government
    12     agency or municipality by the tower.
    13     * * *
    14     Section 6.  Subsection (b) of section 7312 of Title 75 is
    15  amended to read:
    16  § 7312.  Penalty for violation of chapter.
    17     * * *
    18     (b)  Suspension.--For violation of any of the provisions of
    19  this chapter, the salvor or tower shall be subject to suspension
    20  of the privilege to receive abandoned vehicles under this
    21  chapter.
    22     Section 7.  This act shall take effect in 60 days.






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