PRINTER'S NO. 1427
No. 1239 Session of 1989
INTRODUCED BY TRELLO, PETRARCA, DeWEESE, GEIST, PRESTON, FARGO,
GIGLIOTTI, COLAFELLA, HALUSKA, CORRIGAN, MERRY, CORNELL,
JOHNSON, J. TAYLOR, E. Z. TAYLOR, McVERRY, PISTELLA, VROON,
ROBINSON, CARLSON, BILLOW AND SERAFINI, APRIL 19, 1989
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 19, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further defining the term "abandoned vehicle"; and
3 providing for the removal of vehicles abandoned on the
4 Pennsylvania Turnpike System.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definition of "abandoned vehicle" in section
8 102 of Title 75 of the Pennsylvania Consolidated Statutes is
9 amended 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
18 presumed to be abandoned under any of the following
1 circumstances, but the presumption is rebuttable by a
2 preponderance of the evidence:
3 (i) The vehicle is physically inoperable and is left
4 unattended on a highway or other public property for more
5 than 48 hours, or more than 24 hours when such vehicle is
6 located on the Pennsylvania Turnpike System.
7 (ii) The vehicle has remained illegally on a highway
8 or other public property for a period of more than 48
9 hours, or more than 24 hours when such vehicle is located
10 on the Pennsylvania Turnpike System.
11 (iii) The vehicle is left unattended on or along a
12 highway or other public property for more than 48 hours,
13 or more than 24 hours when such vehicle is located on the
14 Pennsylvania Turnpike System, and does not bear all of
15 the following:
16 (A) A valid registration plate.
17 (B) A certificate of inspection.
18 (C) An ascertainable vehicle identification
19 number.
20 (iv) The vehicle has remained on private property
21 without the consent of the owner or person in control of
22 the property for more than 48 hours.
23 (2) Vehicles and equipment used or to be used in
24 construction or in the operation or maintenance of highways
25 or public utility facilities, which are left in a manner
26 which does not interfere with the normal movement of traffic,
27 shall not be considered to be abandoned.
28 * * *
29 Section 2. Section 7310 of Title 75 is amended by adding a
30 subsection to read:
19890H1239B1427 - 2 -
1 § 7310. Removal of vehicles and spilled cargo from roadway.
2 * * *
3 (d) Removal from Turnpike System.--Notwithstanding the other
4 provisions of this section, any vehicle on the Pennsylvania
5 Turnpike System presumed to be abandoned pursuant to section 102
6 (relating to definitions) shall immediately be removed by, or at
7 the direction of, the Pennsylvania State Police to the contract
8 garage providing service for that area. In all cases, the
9 Pennsylvania State Police shall remove or direct removal of any
10 such vehicle within 24 hours of the time of the vehicle's
11 presumption of abandonment.
12 Section 3. This act shall take effect in 60 days.
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