PRINTER'S NO. 2188
No. 1782 Session of 1999
INTRODUCED BY DRUCE, GEIST, BARD, BARRAR, BASTIAN, CLARK,
DeLUCA, DEMPSEY, FAIRCHILD, FARGO, HARHAI, HENNESSEY,
LAUGHLIN, MARKOSEK, McILHINNEY, RAMOS, ROSS, RUBLEY, SAYLOR,
SHANER, STEVENSON, J. TAYLOR, WILT AND WOJNAROSKI,
JULY 20, 1999
REFERRED TO COMMITTEE ON TRANSPORTATION, JULY 20, 1999
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for the treatment and destruction
3 of abandoned vehicles.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definitions of "abandoned vehicle" and
7 "valueless except for salvage" in section 102 of Title 75 of the
8 Pennsylvania Consolidated Statutes are amended and the section
9 is amended by adding definitions 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) shall be
1 presumed to be abandoned under any of the following
2 circumstances, but the presumption is rebuttable by a
3 preponderance of the evidence:
4 (i) The vehicle is physically inoperable and is left
5 unattended on a highway or other public property for more
6 than [48] 24 hours.
7 (ii) The vehicle has remained illegally on a highway
8 or other public property for a period of more than [48]
9 24 hours.
10 (iii) The vehicle is left unattended on or along a
11 highway or other public property for more than [48] 24
12 hours and does not bear all of the following:
13 (A) A valid registration plate.
14 (B) A certificate of inspection.
15 (C) An ascertainable vehicle identification
16 number.
17 (iv) The vehicle has remained on private property
18 without the consent of the owner or person in control of
19 the property for more than [48] 24 hours.
20 (2) Vehicles and equipment used or to be used in
21 construction or in the operation or maintenance of highways
22 or public utility facilities, which are left in a manner
23 which does not interfere with the normal movement of traffic,
24 shall not be considered to be abandoned.
25 * * *
26 "Nonrepairable vehicle." Any abandoned motor vehicle which
27 is incapable of safe operation for use on roads or highways and
28 which has no resale value except as a source of parts or scrap
29 only, or what the salvor irreversibly designates as a source of
30 parts or scrap or which is abandoned and damaged to the extent
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1 that the total estimated or actual cost of parts and labor to
2 repair the motor vehicle to its normal condition and for legal
3 operation on the roads or highways exceeds 90% of the retail
4 value. Such vehicle may only be transferred to a salvor, vehicle
5 salvage dealer or scrap metal processor and shall never again
6 qualify for a certificate of title.
7 * * *
8 "Salvage vehicle." Any motor vehicle which is or has been
9 damaged to the extent that the total estimated or actual cost of
10 parts and labor to repair or rebuild the motor vehicle to its
11 predamaged condition and for legal operation on the roads or
12 highways exceeds 75% of the replacement value of the motor
13 vehicle. The value of repair parts shall be determined by using
14 the current published retail cost of the manufacturer's original
15 equipment parts or the actual retail cost of the parts to be
16 used in the repair. The labor cost of the repair shall be
17 computed by using the hourly rate and time allocations that are
18 reasonable and customary in the automobile repair industry in
19 the community where the repairs are performed. The term also
20 includes any motor vehicle to which an insurance company
21 acquires ownership pursuant to a damage settlement, or any
22 vehicle whose owner may wish to designate as a salvage vehicle
23 by obtaining a salvage certificate, without regard to extent of
24 the motor vehicle's damage and repairs. The term does not
25 include a vehicle which would qualify as an antique or classic
26 vehicle except for lack of restoration or maintenance.
27 * * *
28 "Status." With respect to an abandoned vehicle, a
29 determination by police and a salvor as to the condition or
30 value of the abandoned vehicle. The determination shall be one
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1 of the following: vehicle with value, salvage vehicle or
2 nonrepairable vehicle.
3 * * *
4 ["Valueless except for salvage." A vehicle which is
5 inoperable or unable to meet the vehicle equipment and
6 inspection standards under Part IV (relating to vehicle
7 characteristics) to the extent that the cost of repairs would
8 exceed the value of the repaired vehicle. The term does not
9 include a vehicle which would qualify as an antique or classic
10 vehicle except for its lack of restoration or maintenance.]
11 * * *
12 Section 2. Sections 1117(c) and (e), 1118(b), 3352(c) and
13 (d), 3353(c), 3712(d), 4729, 7301 and 7302 of Title 75 are
14 amended to read:
15 § 1117. Vehicle destroyed, dismantled, salvaged or recycled.
16 * * *
17 (c) Vehicles with defective or lost title.--Any person on
18 whose property is located a vehicle which is valueless except
19 for salvage and which has a faulty, lost or destroyed title may
20 transfer the vehicle to a salvor or to a salvage program
21 operated by a political subdivision for removal to a suitable
22 place of storage or for scrapping, provided the salvor or
23 salvage program complies with the requirements of section 7309
24 (relating to [salvaging of vehicles valueless except for
25 salvage] processing of unclaimed, unrepairable or salvage
26 vehicles), except that the report to the department that the
27 vehicle is valueless except for salvage shall be verified by the
28 transferor of the vehicle instead of the police department. The
29 transferee shall return the assigned certificate of title to the
30 department immediately with an application for certificate of
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1 salvage upon a form furnished and prescribed by the department.
2 * * *
3 (e) Transfer to scrap metal processor.--
4 (1) When a vehicle has been flattened, crushed or
5 processed to the extent that it is no longer identifiable as
6 a vehicle, its certificate of title [or salvage], certificate
7 of salvage or nonrepairable certificate shall be attached to
8 a form provided by the department and immediately sent to the
9 department. The form shall include such information as the
10 owner's name, date processed, vehicle make, model, year and
11 VIN number. A copy of the form shall be retained for record
12 in accordance with section 6308(d) (relating to investigation
13 by police officers). The vehicle scrap material shall no
14 longer be considered a vehicle and shall be removed from
15 department records and shall not be retitled or
16 reconstructed.
17 (2) Any owner who transfers a vehicle to a scrap metal
18 processor shall assign the certificate of title [or salvage],
19 certificate of salvage or nonrepairable certificate to the
20 processor. The processor shall attach the certificate to the
21 proper department form, immediately send it to the department
22 and retain a copy in accordance with the provisions of
23 paragraph (1).
24 * * *
25 § 1118. Suspension and cancellation of certificate of title.
26 * * *
27 (b) Vehicles sold to nonresidents or [junked] abandoned,
28 nonrepairable or salvage.--The department may cancel
29 certificates of title for vehicles sold to residents of other
30 states or foreign countries when the vehicle is to be registered
19990H1782B2188 - 5 -
1 in the other jurisdiction, or for abandoned [or destroyed
2 vehicles authorized to be junked as provided in this
3 subchapter.], nonrepairable or salvage vehicles authorized to be
4 processed as provided in this title.
5 * * *
6 § 3352. Removal of vehicle by or at direction of police.
7 * * *
8 (c) Removal to garage or place of safety.--Any police
9 officer may remove or cause to be removed to the place of
10 business of the operator of a wrecker or to a nearby garage or
11 other place of safety any vehicle found upon a highway under any
12 of the following circumstances:
13 (1) Report has been made that the vehicle has been
14 stolen or taken without the consent of its owner.
15 (2) The person or persons in charge of the vehicle are
16 physically unable to provide for the custody or removal of
17 the vehicle.
18 (3) The person driving or in control of the vehicle is
19 arrested for an alleged offense for which the officer is
20 required by law to take the person arrested before an issuing
21 authority without unnecessary delay.
22 (4) The vehicle is in violation of section 3353
23 (relating to prohibitions in specified places) except for
24 overtime parking.
25 (5) The vehicle has been abandoned as defined in this
26 title. The officer shall comply with the provisions of
27 [subsection (d) and] Chapter 73 (relating to abandoned
28 vehicles and cargos).
29 [(d) Notice to owner prior to removal.--
30 (1) Prior to removal of an abandoned vehicle bearing a
19990H1782B2188 - 6 -
1 registration plate, certificate of inspection or vehicle
2 identification number plate by which the last registered
3 owner of the vehicle can be determined, the police department
4 shall send a notice by certified mail to the last registered
5 owner of the vehicle informing the owner that unless the
6 vehicle is moved to a suitable location within seven days of
7 the date notice is mailed, the vehicle will be removed under
8 this section and held at a suitable facility where it may be
9 reclaimed by the owner in accordance with the provisions of
10 section 7306 (relating to payment of costs upon reclaiming
11 vehicle). If the abandoned motor vehicle does not bear an
12 identifiable registration plate, certificate of inspection or
13 vehicle identification number plate, the notice may be
14 secured to the vehicle.
15 (2) If, within the seven-day period, the owner so
16 requests, the owner shall be given an opportunity to explain
17 to the police officer or department why the owner believes
18 the vehicle should not be removed. If the police officer or
19 department determines that the vehicle shall, nonetheless, be
20 removed, the owner shall be given an additional 48 hours to
21 remove the vehicle, have it removed or demand a hearing,
22 which shall conform to the requirements of 2 Pa.C.S. Ch. 5
23 Subch. B (relating to practice and procedure of local
24 agencies). The police officer or department shall inform the
25 owner of the right to a hearing by delivering to the owner a
26 notice warning the owner that, unless the vehicle is removed
27 or a hearing is demanded, the owner shall be subject to the
28 provisions of section 7306. If, as a result of the hearing,
29 it is determined that the vehicle will be removed, the owner
30 shall be given an additional 48 hours to remove the vehicle
19990H1782B2188 - 7 -
1 or have it removed. The hearing shall be before a civilian
2 officer or employee of the municipality in which the vehicle
3 is located.
4 (3) The provision for notice set forth in this
5 subsection is applicable only if the vehicle is abandoned
6 upon a highway and is not in violation of subsection (b) or
7 section 3351(a) or 3353. Notice under this subsection is in
8 addition to any other notice requirements provided in Chapter
9 73.]
10 § 3353. Prohibitions in specified places.
11 * * *
12 (c) Property owner may remove vehicle.--The owner or other
13 person in charge or possession of any property on which a
14 vehicle is parked or left unattended in violation of the
15 provisions of subsection (b) may remove or have removed the
16 vehicle at the reasonable expense of the owner of the vehicle.
17 Such person who removes or has removed a vehicle left parked or
18 unattended in violation of the provisions of subsection (b)
19 shall have a lien against the owner of the vehicle, in the
20 amount of the reasonable value of the costs of removing the
21 vehicle plus the costs of storage. Any city, borough,
22 incorporated town or township may, by ordinance, provide for
23 rates to be charged for removal of vehicles and for municipal
24 regulation of authorized towing services. If storage charges are
25 not set by the municipality, a maximum of $25 per day may be
26 charged for storage.
27 * * *
28 § 3712. Abandonment and stripping of vehicles.
29 * * *
30 (d) Penalties.--
19990H1782B2188 - 8 -
1 (1) [Any person violating] A violation of subsection (a)
2 or (b) [is guilty of a summary offense and shall, upon
3 conviction, be sentenced to pay a fine of $50 plus]
4 constitutes an offense under 18 Pa.C.S. § 6504 (relating to
5 public nuisance). In addition to any penalty under 18 Pa.C.S.
6 § 6504, the person shall be liable for all costs of disposing
7 of the vehicle under the provisions of Chapter 73 (relating
8 to abandoned vehicles and cargos) and a fine of $50.
9 (2) Any person violating subsection (c):
10 (i) For a first offense, is guilty of a summary
11 offense punishable by a fine of not less than $100 nor
12 more than $500.
13 (ii) For a subsequent offense, is guilty of a
14 misdemeanor of the third degree.
15 § 4729. Removal of certificate of inspection.
16 No certificate of inspection shall be removed from a vehicle
17 or a mass transit vehicle for which the certificate was issued
18 except to replace it with a new certificate of inspection issued
19 in accordance with the provisions of this chapter or as follows:
20 (1) The police officer may remove a certificate of
21 inspection in accordance with the provisions of section
22 4703(f) (relating to operation of vehicle without official
23 certificate of inspection).
24 (2) A person replacing a windshield or repairing a
25 windshield in such a manner as to require removal of a
26 certificate of inspection shall at the option of the
27 registrant of the vehicle or the owner of a mass transit
28 vehicle cut out the portion of the windshield containing the
29 certificate and deliver it to the registrant of the vehicle
30 or the owner of the mass transit vehicle or destroy the
19990H1782B2188 - 9 -
1 certificate. The vehicle or the mass transit vehicle may be
2 driven for up to five days if it displays the portion of the
3 old windshield containing the certificate as prescribed in
4 department regulations. Within the five day period an
5 official inspection station may affix to the vehicle or mass
6 transit vehicle another certificate of inspection for the
7 same inspection period without reinspecting the vehicle or
8 mass transit vehicle in exchange for the portion of the old
9 windshield containing the certificate of inspection. A fee of
10 no more than $2 plus the fee paid to the department may be
11 charged for exchanging the certificate of inspection.
12 (3) A salvor shall remove and destroy the valid
13 certificate of inspection on every vehicle [or mass transit
14 vehicle in his possession except vehicles] processed as
15 abandoned in the salvor's possession except vehicles owned by
16 the salvor or used in the operation of the business of the
17 salvor.
18 (4) Every applicant for a certificate of salvage or
19 nonrepairable certificate pursuant to section 1117(a)
20 (relating to vehicle destroyed, dismantled, salvaged or
21 recycled) shall remove and destroy the valid certificate of
22 inspection.
23 § 7301. Authorization of salvors.
24 (a) General rule.--The department shall authorize and shall
25 issue a certificate of authorization to every salvor that
26 complies with the requirements of this chapter and regulations
27 adopted by the department and is a current registered vehicle
28 salvage dealer as defined in section 1337(c)(2) (relating to use
29 of "Miscellaneous Motor Vehicle Business" registration plates).
30 (a.1) Repair or towing business.--The department may
19990H1782B2188 - 10 -
1 authorize and issue a certificate of authorization to a
2 currently registered repair or towing business under section
3 1337(c)(1) if there is no qualified vehicle salvage dealer in a
4 particular area.
5 (b) Unauthorized operation prohibited.--No person shall
6 operate as a salvor unless authorized.
7 [(c) Duty of salvor.--Upon written request of a police
8 department, a salvor shall take possession of and remove to the
9 storage facility of the salvor any abandoned vehicle located
10 within 30 miles of the place of business of the salvor.
11 (d) Storage facility.--A salvor may rent or own a storage
12 facility, which shall comply with the act of July 28, 1966 (3rd
13 Sp.Sess., P.L.91, No.4), referred to as the Junkyard and
14 Automotive Recycler Screening Law, where applicable, and with
15 regulations promulgated by the department.]
16 § 7302. Certificate of authorization.
17 (a) Application and issuance.--Application for a certificate
18 of authorization shall be made on a form prescribed by the
19 department. The department shall investigate the qualifications
20 and fitness of the applicant and shall issue a certificate of
21 authorization if it determines that the applicant is capable of
22 performing the duties of a salvor in a manner consistent with
23 the public interest.
24 (b) Place of business.--Every applicant shall have and
25 maintain an established place of business. If the applicant has
26 or intends to have one or more places of business or branch
27 offices, the application shall contain complete information for
28 each location.
29 (c) Bonding required.--Before issuing a certificate of
30 authorization, the department shall require the applicant to
19990H1782B2188 - 11 -
1 furnish and maintain a bond indemnifying the public and the
2 department in the amount of $10,000. An individual bond for each
3 place of business is not required, but all places of business
4 shall be covered by the bond.
5 (d) Duration and renewal.--Certificates of authorization
6 shall be issued for a period of one year and shall be subject to
7 annual renewal[.], including a review of the salvor's status as
8 a vehicle salvage dealer under section 1337(c)(2) (relating to
9 use of "Miscellaneous Motor Vehicle Business" registration
10 plates).
11 (e) Storage facility.--A salvor shall rent or own a storage
12 facility, which shall comply with the act of July 28, 1966 (3rd
13 Sp.Sess., P.L.91, No.4), referred to as the Junkyard and
14 Automotive Recycler Screening Law, where applicable, and with
15 regulations promulgated by the department.
16 Section 3. Title 75 is amended by adding a section to read:
17 § 7303.1. Duty of police and salvors.
18 (a) Duty of police and authorized personnel.--Police
19 officers or personnel designated by ordinance of a municipality
20 shall process all vehicles presumed to be abandoned. They shall
21 complete an abandoned vehicle information form, prescribed by
22 the department, on each vehicle declared abandoned. The form
23 shall include the make, model, vehicle identification number,
24 registration plate number, name and address of the owner or
25 person who abandoned the vehicle, if known, and any other
26 information the department may require. The police officers and
27 designated personnel shall also indicate the vehicle's status as
28 a vehicle with value, a salvage vehicle or a nonrepairable
29 vehicle. This form shall serve as an authorized written request
30 for a licensed salvor to remove, possess and further process the
19990H1782B2188 - 12 -
1 abandoned vehicle.
2 (b) Duty of salvors.--Upon receipt of the written abandoned
3 vehicle information form from any authorized person described in
4 subsection (a), a salvor shall take possession of and remove to
5 the storage facility of the salvor any abandoned vehicle located
6 within 30 miles of the place of business of the salvor. The
7 salvor shall also indicate on the abandoned vehicle information
8 form the vehicle's status as a vehicle with value, a salvage
9 vehicle or a nonrepairable vehicle.
10 Section 4. Sections 7304, 7305, 7306, 7307, 7308 and 7309 of
11 Title 75 are amended to read:
12 § 7304. Reports to department of possession of abandoned
13 vehicles.
14 (a) Report within 48 hours.--Any salvor taking possession of
15 an abandoned vehicle pursuant to section [7301(c) (relating to
16 authorization of salvors)] 7303.1 (relating to duty of police
17 and salvors) shall within 48 hours after taking possession send
18 the abandoned vehicle information report to the department. [the
19 make, model, vehicle identification number and registration
20 plate number of the abandoned vehicle, and the name and address
21 of the owner or person who abandoned the vehicle, if known,
22 together with any other information or documents which the
23 department may by regulation require. The report shall include a
24 statement whether the vehicle is valueless except for salvage.
25 Where the report indicates the vehicle is valueless except for
26 salvage, the salvor shall include a photograph of the vehicle to
27 be prepared in a manner prescribed by the department. A report
28 by a salvor that a vehicle is valueless except for salvage shall
29 be verified by the police department which authorized transfer
30 of the vehicle to the salvor.]
19990H1782B2188 - 13 -
1 (b) Status of the vehicle.--
2 (1) If the report indicates that the police and salvor
3 agree on the status of the vehicle, then it is not necessary
4 that photographs of the vehicle accompany the form.
5 (2) In the event the police and salvor disagree on the
6 status of the vehicle, the salvor shall submit four color
7 photographs of the vehicle and an explanation why the status
8 differs. In this case, the department shall, after reviewing
9 the form and photographs, determine the qualification status
10 of the vehicle.
11 § 7305. Notice to owner and lienholders of abandoned vehicles.
12 (a) General rule.--[Except as provided in section 7309
13 (relating to salvaging of vehicles valueless except for
14 salvage), the] The department, upon receipt of notice that an
15 abandoned vehicle has been taken into possession pursuant to
16 this chapter, shall notify by certified mail, return receipt
17 requested, the last known registered owner of the vehicle and
18 all lienholders of record that the vehicle is being held as
19 abandoned.
20 (b) Contents of notice.--The notice shall:
21 (1) Describe the make, model, title number, vehicle
22 identification number and registration plate number of the
23 abandoned vehicle, if known.
24 (1.1) State the location of the police department that
25 processed the vehicle.
26 (2) State the location where the vehicle is being held.
27 (3) Inform the owner and any lienholders of their right
28 to reclaim the vehicle [within 30] and its contents within 20
29 days after the mail date of the notice at the place where the
30 vehicle is being held by the salvor, upon payment of all
19990H1782B2188 - 14 -
1 towing [and], storage charges [and], the fee authorized in
2 section 7306 (relating to payment of costs upon reclaiming
3 vehicle)[.] and penalties under section 3712(d)(1) (relating
4 to abandonment and stripping of vehicles).
5 (4) State that the failure of the owner or lienholder to
6 reclaim the vehicle and its contents is deemed consent by the
7 owner to the destruction, sale or other disposition of the
8 abandoned vehicle and its contents and of all lienholders to
9 dissolution of their liens.
10 (5) Inform the owner and any lienholders of their right,
11 within seven days of the mail date of the notice, to request
12 a copy of the abandoned vehicle information report and to a
13 hearing conforming to the requirements of 2 Pa.C.S. Ch. 5
14 Subch. B (relating to practice and procedure of local
15 agencies). The hearing shall be before a civilian officer or
16 employee of the municipality in which the vehicle is located.
17 If as a result of the hearing it is determined that the
18 vehicle was not abandoned, the owner or lienholder may
19 retrieve the vehicle within 48 hours without payment of any
20 of the fees under subsection (b)(3) except for the towing and
21 storage charges.
22 (c) Notice by publication.--If the identity of the last
23 registered owner and of all lienholders cannot be determined
24 with reasonable certainty, the contents of the notice set forth
25 in subsection (b) shall be published one time in one newspaper
26 of general circulation in the area where the vehicle was
27 abandoned. The notice may contain multiple listings of abandoned
28 vehicles. Notice by publication locally shall be the
29 responsibility of the salvor. The notice shall have the same
30 effect as notice sent by certified mail.
19990H1782B2188 - 15 -
1 § 7306. Payment of costs upon reclaiming vehicle.
2 In the event the owner or lienholder of an abandoned vehicle
3 reclaims the vehicle, the reclaiming party shall pay the costs
4 for towing [and], storage and penalties, plus a fee of [$25] $50
5 of which [$10] $25 and the penalties shall be transmitted to the
6 department by the salvor.
7 § 7307. Authorization for disposal of unclaimed vehicles.
8 The department shall, after the expiration of [30] 20 days
9 from the date of notice sent by certified mail to the registered
10 owner and all lienholders of record or [30] 20 days after
11 publication of notice, where applicable, and upon receipt of a
12 written statement from the holder of the vehicle that the
13 abandoned vehicle has not been reclaimed by the owner or
14 lienholder within the [30-day] 20-day period, authorize the
15 disposal of the abandoned vehicle in accordance with the
16 provisions of this chapter.
17 § 7308. Public sale of unclaimed vehicles with value.
18 (a) General rule.--If an abandoned vehicle having value has
19 not been reclaimed as provided in this chapter, the vehicle and
20 its contents shall be sold at a public auction. A salvor may bid
21 on such vehicle.
22 (b) Title of purchaser.--The salvor shall give the purchaser
23 a sales receipt and shall apply to the department for [a] an
24 abandoned branded title which shall be free and clear of all
25 previous liens and claims of ownership.
26 (c) Disposition of proceeds.--From the proceeds of the sale
27 of the abandoned vehicle, the salvor shall be reimbursed for the
28 fee authorized in section 7306 (relating to payment of costs
29 upon reclaiming vehicle) and the costs of towing, storage,
30 notice and publication costs and the expenses of auction. The
19990H1782B2188 - 16 -
1 remainder of the proceeds of a sale shall be [held for the owner
2 of the vehicle or record lienholder for 60 days from the date of
3 sale and if not properly claimed shall then be] paid to the
4 department and transmitted to the State Treasurer for deposit in
5 the Motor License Fund.
6 § 7309. [Salvaging of vehicles valueless except for salvage.
7 (a) Application for certificate of salvage.--] Processing of
8 unclaimed, unrepairable or salvage vehicles.
9 (a) Application for a certificate of salvage or
10 nonrepairable certificate.--If an abandoned vehicle [is
11 valueless except for salvage, the] qualifies as a salvage or
12 nonrepairable vehicle and that vehicle has not been reclaimed as
13 provided in this chapter, the vehicle and its contents shall
14 become the property of the salvor. The salvor shall note that
15 fact in [the] a report to the department [required in section
16 7304 (relating to reports to department of possession of
17 abandoned vehicles)] and shall apply for issuance of [a] an
18 abandoned certificate of salvage or nonrepairable certificate as
19 provided for in section 1117 (relating to vehicle destroyed,
20 dismantled, salvaged or recycled).
21 (b) Notice and issuance of certificate.--If the identity of
22 the last registered owner cannot be determined with reasonable
23 certainty and it is impossible to determine with reasonable
24 certainty the identity and addresses of any lienholder, no
25 notice shall be required. Under such circumstances, the
26 department shall upon receipt of the report by the salvor
27 pursuant to section 7304 (relating to reports to department of
28 possession of abandoned vehicles) issue a certificate of salvage
29 or nonrepairable certificate [of salvage] as provided in section
30 1117.
19990H1782B2188 - 17 -
1 [(c) Reimbursement of expenses of salvor.--Upon receipt
2 within six months of evidence that a salvor has removed an
3 abandoned vehicle upon the request of a police department, the
4 department shall pay to the salvor from the Motor License Fund
5 the sum of $15 for the expenses incurred in the removal and
6 towing of the abandoned vehicle. No portion of $15 payment or
7 any separate consideration shall be reimbursed or paid to any
8 government agency or municipality by the salvor.
9 (d) Rights of owners and lienholders.--Issuance by the
10 department of a certificate of salvage for a vehicle salvaged
11 under this section shall operate as a divestiture of all right,
12 title and interest in the vehicle of the owner and all
13 lienholders.]
14 Section 5. Title 75 is amended by adding a section to read:
15 § 7309.1. Payments and rights.
16 (a) Police officers and authorized personnel.--Police
17 officers, authorized personnel, their departments or any
18 government agency or municipality shall not assess or accept
19 payment, consideration of any kind or portions of fees outlined
20 in this chapter from any salvor or person for the processing of
21 abandoned vehicles.
22 (b) Rights of owners and lienholders.--Issuance by the
23 department of an abandoned branded title, salvage certificate,
24 or nonrepairable vehicle certificate for a vehicle processed
25 under this section shall operate as a divestiture of all right,
26 title and interest of the owner in the vehicle and its contents
27 and of all lienholders.
28 (c) Reimbursement of expenses of salvor.--Upon receipt
29 within six months of evidence that a salvor has processed an
30 abandoned vehicle and was required by this chapter to comply
19990H1782B2188 - 18 -
1 with section 7304(b)(2) (relating to reports to department of
2 possession of abandoned vehicles), 7305(c) (relating to notice
3 to owner and lienholders of abandoned vehicles) or 7308
4 (relating to public sale of unclaimed vehicles with value), the
5 department shall pay to the salvor from the Motor License Fund
6 the sum of $25 for the expenses incurred in compliance with
7 those sections. No portion of the $25 payment or any separate
8 consideration shall be reimbursed or paid to any government
9 agency or municipality by the salvor.
10 Section 6. Section 7310 of Title 75 is amended by adding a
11 subsection to read:
12 § 7310. Removal of vehicles and spilled cargo from roadway.
13 * * *
14 (d) Removal from Pennsylvania Turnpike System.--
15 Notwithstanding the other provisions of this section, any
16 vehicle on the Pennsylvania Turnpike System presumed to be
17 abandoned as defined in section 102 (relating to definitions)
18 shall immediately be removed by or at the direction of the
19 Pennsylvania State Police to the contract garage providing
20 service for that area. In all cases, the Pennsylvania State
21 Police shall remove or direct the removal of any such vehicle
22 within 24 hours of the time of the vehicle's presumption of
23 abandonment.
24 Section 7. Section 7311 of Title 75 is amended to read:
25 § 7311. Reports by garage keepers of abandoned vehicles.
26 The person in charge of any garage or repair shop in which a
27 vehicle of unknown ownership, or a vehicle of known ownership
28 which is being repaired or stored, has been left for a period of
29 15 consecutive days or, in the case of repair or storage, 15
30 consecutive days following the completion of repairs or storage
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1 agreement without being removed by the owner or any other person
2 duly authorized to remove the vehicle shall report to the
3 department within 24 hours of the expiration of the 15-day
4 period giving the make, engine number, vehicle identification
5 number, registration plate number and the name and address of
6 the person abandoning the vehicle if known. Upon receipt of the
7 report the department shall make a distinctive record of the
8 report and [file the report in the manner provided in section
9 7114 (relating to records of stolen vehicles).] issue a private
10 property abandoned vehicle form under section 7311.1 (relating
11 to reports by private property owners of abandoned vehicles) to
12 the garage keeper to complete and file with the police.
13 Section 8. Title 75 is amended by adding a section to read:
14 § 7311.1. Reports by private property owners of abandoned
15 vehicles.
16 Any person, including a salvor, on whose property is located
17 a vehicle which is abandoned may authorize the removal or
18 processing of the vehicle under this chapter. Prior to removal
19 or processing of the vehicle the private property owner shall
20 file a report, on a two-part form prescribed by the department,
21 with the local police department declaring that an unauthorized
22 vehicle has been left unattended and on private property for at
23 least 24 hours. One part of such report shall be retained by the
24 private property owner and the other part shall be filed with
25 the police department. The police department shall process the
26 vehicle as abandoned under this chapter and attach a copy of the
27 report to the abandoned vehicle information form.
28 Section 9. This act shall take effect in one year.
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