PRINTER'S NO. 3577
No. 2631 Session of 1996
INTRODUCED BY DRUCE, GEIST, GAMBLE, HESS, STRITTMATTER, MARKOSEK
AND SURRA, MAY 20, 1996
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 20, 1996
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
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] 24 hours.
6 (ii) The vehicle has remained illegally on a highway
7 or other public property for a period of more than [48]
8 24 hours.
9 (iii) The vehicle is left unattended on or along a
10 highway or other public property for more than [48] 24
11 hours and does not bear all of the following:
12 (A) A valid registration plate.
13 (B) A certificate of inspection.
14 (C) An ascertainable vehicle identification
15 number.
16 (iv) The vehicle has remained on private property
17 without the consent of the owner or person in control of
18 the property for more than [48] 24 hours.
19 (2) Vehicles and equipment used or to be used in
20 construction or in the operation or maintenance of highways
21 or public utility facilities, which are left in a manner
22 which does not interfere with the normal movement of traffic,
23 shall not be considered to be abandoned.
24 * * *
25 "Nonrepairable vehicle." Any abandoned motor vehicle which
26 is incapable of safe operation for use on roads or highways and
27 which has no resale value except as a source of parts or scrap
28 only, or what the salvor irreversibly designates as a source of
29 parts or scrap or which is abandoned and damaged to the extent
30 that the total estimated or actual cost of parts and labor to
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1 repair the motor vehicle to its normal condition and for legal
2 operation on the roads or highways exceeds 90% of the retail
3 value. Such vehicle may only be transferred to a salvor, vehicle
4 salvage dealer or scrap metal processor and shall never again
5 qualify for a certificate of title.
6 * * *
7 "Salvage vehicle." Any motor vehicle which is or has been
8 damaged to the extent that the total estimated or actual cost of
9 parts and labor to repair or rebuild the motor vehicle to its
10 predamaged condition and for legal operation on the roads or
11 highways exceeds 75% of the replacement value of the motor
12 vehicle. The value of repair parts shall be determined by using
13 the current published retail cost of the manufacturer's original
14 equipment parts or the actual retail cost of the parts to be
15 used in the repair. The labor cost of the repair shall be
16 computed by using the hourly rate and time allocations that are
17 reasonable and customary in the automobile repair industry in
18 the community where the repairs are performed. The term also
19 includes any motor vehicle to which an insurance company
20 acquires ownership pursuant to a damage settlement, or any
21 vehicle whose owner may wish to designate as a salvage vehicle
22 by obtaining a salvage certificate, without regard to extent of
23 the motor vehicle's damage and repairs. The term does not
24 include a vehicle which would qualify as an antique or classic
25 vehicle except for lack of restoration or maintenance.
26 * * *
27 ["Valueless except for salvage." A vehicle which is
28 inoperable or unable to meet the vehicle equipment and
29 inspection standards under Part IV (relating to vehicle
30 characteristics) to the extent that the cost of repairs would
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1 exceed the value of the repaired vehicle. The term does not
2 include a vehicle which would qualify as an antique or classic
3 vehicle except for its lack of restoration or maintenance.]
4 * * *
5 Section 2. Sections 1117(e), 1118(b), 3352(c) and (d),
6 3353(c), 3712(d), 4729, 7301 and 7302 of Title 75 are amended to
7 read:
8 § 1117. Vehicle destroyed, dismantled, salvaged or recycled.
9 * * *
10 (e) Transfer to scrap metal processor.--
11 (1) When a vehicle has been flattened, crushed or
12 processed to the extent that it is no longer identifiable as
13 a vehicle, its certificate of title [or salvage], certificate
14 of salvage or nonrepairable certificate shall be attached to
15 a form provided by the department and immediately sent to the
16 department. The form shall include such information as the
17 owner's name, date processed, vehicle make, model, year and
18 VIN number. A copy of the form shall be retained for record
19 in accordance with section 6308(d) (relating to investigation
20 by police officers). The vehicle scrap material shall no
21 longer be considered a vehicle and shall be removed from
22 department records and shall not be retitled or
23 reconstructed.
24 (2) Any owner who transfers a vehicle to a scrap metal
25 processor shall assign the certificate of title [or salvage],
26 certificate of salvage or nonrepairable certificate to the
27 processor. The processor shall attach the certificate to the
28 proper department form, immediately send it to the department
29 and retain a copy in accordance with the provisions of
30 paragraph (1).
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1 * * *
2 § 1118. Suspension and cancellation of certificate of title.
3 * * *
4 (b) Vehicles sold to nonresidents or junked.--The department
5 may cancel certificates of title for vehicles sold to residents
6 of other states or foreign countries when the vehicle is to be
7 registered in the other jurisdiction, or for abandoned [or
8 destroyed vehicles authorized to be junked as provided in this
9 subchapter.], nonrepairable or salvage vehicles authorized to be
10 processed as provided in this title.
11 * * *
12 § 3352. Removal of vehicle by or at direction of police.
13 * * *
14 (c) Removal to garage or place of safety.--Any police
15 officer may remove or cause to be removed to the place of
16 business of the operator of a wrecker or to a nearby garage or
17 other place of safety any vehicle found upon a highway under any
18 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
4 vehicles and cargos).
5 [(d) Notice to owner prior to removal.--
6 (1) Prior to removal of an abandoned vehicle bearing a
7 registration plate, certificate of inspection or vehicle
8 identification number plate by which the last registered
9 owner of the vehicle can be determined, the police department
10 shall send a notice by certified mail to the last registered
11 owner of the vehicle informing the owner that unless the
12 vehicle is moved to a suitable location within seven days of
13 the date notice is mailed, the vehicle will be removed under
14 this section and held at a suitable facility where it may be
15 reclaimed by the owner in accordance with the provisions of
16 section 7306 (relating to payment of costs upon reclaiming
17 vehicle). If the abandoned motor vehicle does not bear an
18 identifiable registration plate, certificate of inspection or
19 vehicle identification number plate, the notice may be
20 secured to the vehicle.
21 (2) If, within the seven-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 removed. If the police officer or
25 department determines that the vehicle shall, nonetheless, be
26 removed, the owner shall be given an additional 48 hours to
27 remove the vehicle, have it removed or demand a hearing,
28 which shall conform to the requirements of 2 Pa.C.S. Ch. 5
29 Subch. B (relating to practice and procedure of local
30 agencies). The police officer or department shall inform the
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1 owner of the right to a hearing by delivering to the owner a
2 notice warning the owner that, unless the vehicle is removed
3 or a hearing is demanded, the owner shall be subject to the
4 provisions of section 7306. If, as a result of the hearing,
5 it is determined that the vehicle will be removed, the owner
6 shall be given an additional 48 hours to remove the vehicle
7 or have it removed. The hearing shall be before a civilian
8 officer or employee of the municipality in which the vehicle
9 is located.
10 (3) The provision for notice set forth in this
11 subsection is applicable only if the vehicle is abandoned
12 upon a highway and is not in violation of subsection (b) or
13 section 3351(a) or 3353. Notice under this subsection is in
14 addition to any other notice requirements provided in Chapter
15 73.]
16 § 3353. Prohibitions in specified places.
17 * * *
18 (c) Property owner may remove vehicle.--The owner or other
19 person in charge or possession of any property on which a
20 vehicle is parked or left unattended in violation of the
21 provisions of subsection (b) may remove or have removed the
22 vehicle at the reasonable expense of the owner of the vehicle.
23 Such person who removes or has removed a vehicle left parked or
24 unattended in violation of the provisions of subsection (b)
25 shall have a lien against the owner of the vehicle, in the
26 amount of the reasonable value of the costs of removing the
27 vehicle plus the costs of storage. Any city, borough,
28 incorporated town or township may, by ordinance, provide for
29 rates to be charged for removal of vehicles and for municipal
30 regulation of authorized towing services. If storage charges are
19960H2631B3577 - 7 -
1 not set by the municipality, a maximum of $25 per day may be
2 charged for storage.
3 * * *
4 § 3712. Abandonment and stripping of vehicles.
5 * * *
6 (d) Penalties.--
7 (1) [Any person violating] A violation of subsection (a)
8 or (b) [is guilty of a summary offense and shall, upon
9 conviction, be sentenced to pay a fine of $50 plus]
10 constitutes an offense under 18 Pa.C.S. § 6504 (relating to
11 public nuisance). In addition to any penalty under 18 Pa.C.S.
12 § 6504, the person shall be liable for all costs of disposing
13 of the vehicle under the provisions of Chapter 73 (relating
14 to abandoned vehicles and cargos) and a fine of $50.
15 (2) Any person violating subsection (c):
16 (i) For a first offense, is guilty of a summary
17 offense punishable by a fine of not less than $100 nor
18 more than $500.
19 (ii) For a subsequent offense, is guilty of a
20 misdemeanor of the third degree.
21 § 4729. Removal of certificate of inspection.
22 No certificate of inspection shall be removed from a vehicle
23 or a mass transit vehicle for which the certificate was issued
24 except to replace it with a new certificate of inspection issued
25 in accordance with the provisions of this chapter or as follows:
26 (1) The police officer may remove a certificate of
27 inspection in accordance with the provisions of section
28 4703(f) (relating to operation of vehicle without official
29 certificate of inspection).
30 (2) A person replacing a windshield or repairing a
19960H2631B3577 - 8 -
1 windshield in such a manner as to require removal of a
2 certificate of inspection shall at the option of the
3 registrant of the vehicle or the owner of a mass transit
4 vehicle cut out the portion of the windshield containing the
5 certificate and deliver it to the registrant of the vehicle
6 or the owner of the mass transit vehicle or destroy the
7 certificate. The vehicle or the mass transit vehicle may be
8 driven for up to five days if it displays the portion of the
9 old windshield containing the certificate as prescribed in
10 department regulations. Within the five day period an
11 official inspection station may affix to the vehicle or mass
12 transit vehicle another certificate of inspection for the
13 same inspection period without reinspecting the vehicle or
14 mass transit vehicle in exchange for the portion of the old
15 windshield containing the certificate of inspection. A fee of
16 no more than $2 plus the fee paid to the department may be
17 charged for exchanging the certificate of inspection.
18 (3) A salvor shall remove and destroy the valid
19 certificate of inspection on every vehicle [or mass transit
20 vehicle in his possession except vehicles] processed as
21 abandoned in the salvor's possession except vehicles owned by
22 the salvor or used in the operation of the business of the
23 salvor.
24 (4) Every applicant for a certificate of salvage or
25 nonrepairable certificate pursuant to section 1117(a)
26 (relating to vehicle destroyed, dismantled, salvaged or
27 recycled) shall remove and destroy the valid certificate of
28 inspection.
29 § 7301. Authorization of salvors.
30 (a) General rule.--The department shall authorize and shall
19960H2631B3577 - 9 -
1 issue a certificate of authorization to every salvor that
2 complies with the requirements of this chapter and regulations
3 adopted by the department and is a current registered vehicle
4 salvage dealer as defined in section 1337(c)(2) (relating to use
5 of "Miscellaneous Motor Vehicle Business" registration plates).
6 (b) Unauthorized operation prohibited.--No person shall
7 operate as a salvor unless authorized.
8 [(c) Duty of salvor.--Upon written request of a police
9 department, a salvor shall take possession of and remove to the
10 storage facility of the salvor any abandoned vehicle located
11 within 30 miles of the place of business of the salvor.
12 (d) Storage facility.--A salvor may rent or own a storage
13 facility, which shall comply with the act of December 15, 1971
14 (P.L.596, No.160), known as the "Outdoor Advertising Control Act
15 of 1971," where applicable, and with regulations promulgated by
16 the department.]
17 § 7302. Certificate of authorization.
18 (a) Application and issuance.--Application for a certificate
19 of authorization shall be made on a form prescribed by the
20 department. The department shall investigate the qualifications
21 and fitness of the applicant and shall issue a certificate of
22 authorization if it determines that the applicant is a current
23 registered vehicle salvage dealer and capable of performing the
24 duties of a salvor in a manner consistent with the public
25 interest.
26 (b) Place of business.--Every applicant shall have and
27 maintain an established place of business. If the applicant has
28 or intends to have one or more places of business or branch
29 offices, the application shall contain complete information for
30 each location.
19960H2631B3577 - 10 -
1 (c) Bonding required.--Before issuing a certificate of
2 authorization, the department shall require the applicant to
3 furnish and maintain a bond indemnifying the public and the
4 department in the amount of $10,000. An individual bond for each
5 place of business is not required, but all places of business
6 shall be covered by the bond.
7 (d) Duration and renewal.--Certificates of authorization
8 shall be issued for a period of one year and shall be subject to
9 annual renewal[.], including a review of the salvor's status as
10 a vehicle salvage dealer under section 1337(c)(2) (relating to
11 use of "Miscellaneous Motor Vehicle Business" registration
12 plates).
13 (e) Storage facility.--A salvor shall rent or own a storage
14 facility, which shall comply with the act of December 15, 1971
15 (P.L.596, No.160), known as the Outdoor Advertising Control Act
16 of 1971, where applicable, and with regulations promulgated by
17 the department.
18 Section 3. Title 75 is amended by adding a section to read:
19 § 7303.1. Duty of police and salvors.
20 (a) Duty of police and authorized personnel.--Police
21 officers or personnel designated by ordinance of a municipality
22 shall process all vehicles presumed to be abandoned. They shall
23 complete an abandoned vehicle information form, prescribed by
24 the department, on each vehicle declared abandoned. The form
25 shall include the make, model, vehicle identification number,
26 registration plate number, name and address of the owner or
27 person who abandoned the vehicle, if known, and any other
28 information the department may require. An authorized person
29 shall also indicate whether the vehicle qualifies as a vehicle
30 with value, a salvage vehicle or a nonrepairable vehicle. This
19960H2631B3577 - 11 -
1 form shall serve as an authorized written request for a licensed
2 salvor to remove, possess and further process the abandoned
3 vehicle.
4 (b) Duty of salvors.--Upon receipt of the written abandoned
5 vehicle information form from any authorized person described in
6 subsection (a), a salvor shall take possession of and remove to
7 the storage facility of the salvor any abandoned vehicle located
8 within 30 miles of the place of business of the salvor. The
9 salvor shall also indicate on the abandoned vehicle information
10 form whether the vehicle qualifies as a vehicle with value, a
11 salvage vehicle or a nonrepairable vehicle.
12 Section 4. Sections 7304, 7305, 7306, 7307, 7308 and 7309 of
13 Title 75 are amended to read:
14 § 7304. Reports to department of possession of abandoned
15 vehicles.
16 (a) Report within 48 hours.--Any salvor taking possession of
17 an abandoned vehicle pursuant to section [7301(c) (relating to
18 authorization of salvors)] 7303.1 (relating to duty of police
19 and salvors) shall within 48 hours after taking possession send
20 the abandoned vehicle information report to the department. [the
21 make, model, vehicle identification number and registration
22 plate number of the abandoned vehicle, and the name and address
23 of the owner or person who abandoned the vehicle, if known,
24 together with any other information or documents which the
25 department may by regulation require. The report shall include a
26 statement whether the vehicle is valueless except for salvage.
27 Where the report indicates the vehicle is valueless except for
28 salvage, the salvor shall include a photograph of the vehicle to
29 be prepared in a manner prescribed by the department. A report
30 by a salvor that a vehicle is valueless except for salvage shall
19960H2631B3577 - 12 -
1 be verified by the police department which authorized transfer
2 of the vehicle to the salvor.]
3 (b) Status of the vehicle.--
4 (1) If the report indicates that the police and salvor
5 agree on the status of the vehicle, then it is not necessary
6 that photographs of the vehicle accompany the form.
7 (2) In the event the police and salvor disagree on the
8 status of the vehicle, the salvor shall submit four color
9 photographs of the vehicle and an explanation why the status
10 differs. In this case, the department shall, after reviewing
11 the form and photographs, determine the qualification status
12 of the vehicle.
13 § 7305. Notice to owner and lienholders of abandoned vehicles.
14 (a) General rule.--[Except as provided in section 7309
15 (relating to salvaging of vehicles valueless except for
16 salvage), the] The department, upon receipt of notice that an
17 abandoned vehicle has been taken into possession pursuant to
18 this chapter, shall notify by certified mail, return receipt
19 requested, the last known registered owner of the vehicle and
20 all lienholders of record that the vehicle is being held as
21 abandoned.
22 (b) Contents of notice.--The notice shall:
23 (1) Describe the make, model, title number, vehicle
24 identification number and registration plate number of the
25 abandoned vehicle, if known.
26 (1.1) State the location of the police department that
27 processed the vehicle.
28 (2) State the location where the vehicle is being held.
29 (3) Inform the owner and any lienholders of their right
30 to reclaim the vehicle [within 30] and its contents within 20
19960H2631B3577 - 13 -
1 days after the mail date of the notice at the place where the
2 vehicle is being held by the salvor, upon payment of all
3 towing [and], storage charges [and], the fee authorized in
4 section 7306 (relating to payment of costs upon reclaiming
5 vehicle)[.] and penalties under section 3712(d)(1) (relating
6 to abandonment and stripping of vehicles).
7 (4) State that the failure of the owner or lienholder to
8 reclaim the vehicle and its contents is deemed consent by the
9 owner to the destruction, sale or other disposition of the
10 abandoned vehicle and its contents and of all lienholders to
11 dissolution of their liens.
12 (5) Inform the owner and any lienholders of their right,
13 within seven days of the mail date of the notice, to request
14 a copy of the abandoned vehicle information report and to a
15 hearing conforming to the requirements of 2 Pa.C.S. Ch. 5
16 Subch. B (relating to practice and procedure of local
17 agencies). The hearing shall be before a civilian officer or
18 employee of the municipality in which the vehicle is located.
19 If as a result of the hearing it is determined that the
20 vehicle was not abandoned, the owner or lienholder may
21 retrieve the vehicle within 48 hours without payment of any
22 of the fees under subsection (b)(3) except for the towing and
23 storage charges.
24 (c) Notice by publication.--If the identity of the last
25 registered owner and of all lienholders cannot be determined
26 with reasonable certainty, the contents of the notice set forth
27 in subsection (b) shall be published one time in one newspaper
28 of general circulation in the area where the vehicle was
29 abandoned. The notice may contain multiple listings of abandoned
30 vehicles. Notice by publication locally shall be the
19960H2631B3577 - 14 -
1 responsibility of the salvor. The notice shall have the same
2 effect as notice sent by certified mail.
3 § 7306. Payment of costs upon reclaiming vehicle.
4 In the event the owner or lienholder of an abandoned vehicle
5 reclaims the vehicle, the reclaiming party shall pay the costs
6 for towing [and], storage and penalties, plus a fee of [$25] $50
7 of which [$10] $25 and the penalties shall be transmitted to the
8 department by the salvor.
9 § 7307. Authorization for disposal of unclaimed vehicles.
10 The department shall, after the expiration of [30] 20 days
11 from the date of notice sent by certified mail to the registered
12 owner and all lienholders of record or [30] 20 days after
13 publication of notice, where applicable, and upon receipt of a
14 written statement from the holder of the vehicle that the
15 abandoned vehicle has not been reclaimed by the owner or
16 lienholder within the [30-day] 20-day period, authorize the
17 disposal of the abandoned vehicle in accordance with the
18 provisions of this chapter.
19 § 7308. Public sale of unclaimed vehicles with value.
20 (a) General rule.--If an abandoned vehicle having value has
21 not been reclaimed as provided in this chapter, the vehicle and
22 its contents shall be sold at a public auction. A salvor may bid
23 on such vehicle.
24 (b) Title of purchaser.--The salvor shall give the purchaser
25 a sales receipt and shall apply to the department for [a] an
26 abandoned branded title which shall be free and clear of all
27 previous liens and claims of ownership.
28 (c) Disposition of proceeds.--From the proceeds of the sale
29 of the abandoned vehicle, the salvor shall be reimbursed for the
30 fee authorized in section 7305 (relating to notice to owner and
19960H2631B3577 - 15 -
1 lienholders of abandoned vehicles) and the costs of towing,
2 storage, notice and publication costs and the expenses of
3 auction. The remainder of the proceeds of a sale shall be [held
4 for the owner of the vehicle or record lienholder for 60 days
5 from the date of sale and if not properly claimed shall then be]
6 paid to the department and transmitted to the State Treasurer
7 for deposit in the Motor License Fund.
8 § 7309. [Salvaging of vehicles valueless except for salvage.
9 (a) Application for certificate of salvage.--] Processing of
10 unclaimed, unrepairable or salvage vehicles.
11 (a) Application for a certificate of salvage or
12 nonrepairable certificate.--If an abandoned vehicle [is
13 valueless except for salvage, the] qualifies as a salvage or
14 nonrepairable vehicle and that vehicle has not been reclaimed as
15 provided in this chapter, the vehicle and its contents shall
16 become the property of the salvor. The salvor shall note that
17 fact in [the] a report to the department [required in section
18 7304 (relating to reports to department of possession of
19 abandoned vehicles)] and shall apply for issuance of [a] an
20 abandoned certificate of salvage or nonrepairable certificate as
21 provided for in section 1117 (relating to vehicle destroyed,
22 dismantled, salvaged or recycled).
23 (b) Notice and issuance of certificate.--If the identity of
24 the last registered owner cannot be determined with reasonable
25 certainty and it is impossible to determine with reasonable
26 certainty the identity and addresses of any lienholder, no
27 notice shall be required. Under such circumstances, the
28 department shall upon receipt of the report by the salvor
29 pursuant to section 7304 (relating to reports to department of
30 possession of abandoned vehicles) issue a certificate of salvage
19960H2631B3577 - 16 -
1 or nonrepairable certificate [of salvage] as provided in section
2 1117.
3 [(c) Reimbursement of expenses of salvor.--Upon receipt
4 within six months of evidence that a salvor has removed an
5 abandoned vehicle upon the request of a police department, the
6 department shall pay to the salvor from the Motor License Fund
7 the sum of $15 for the expenses incurred in the removal and
8 towing of the abandoned vehicle. No portion of $15 payment or
9 any separate consideration shall be reimbursed or paid to any
10 government agency or municipality by the salvor.
11 (d) Rights of owners and lienholders.--Issuance by the
12 department of a certificate of salvage for a vehicle salvaged
13 under this section shall operate as a divestiture of all right,
14 title and interest in the vehicle of the owner and all
15 lienholders.]
16 Section 5. Title 75 is amended by adding a section to read:
17 § 7309.1. Payments and rights.
18 (a) Police officers and authorized personnel.--Police
19 officers, authorized personnel, their departments or any
20 government agency or municipality shall not assess to or accept
21 payment, consideration of any kind or portions of fees outlined
22 in this chapter from any salvor or person for the processing of
23 abandoned vehicles.
24 (b) Rights of owners and lienholders.--Issuance by the
25 department of an abandoned branded title, salvage certificate,
26 or nonrepairable vehicle certificate for a vehicle processed
27 under this section shall operate as a divestiture of all right,
28 title and interest of the owner in the vehicle and its contents
29 and of all lienholders.
30 (c) Reimbursement of expenses of salvor.--Upon receipt
19960H2631B3577 - 17 -
1 within six months of evidence that a salvor has processed an
2 abandoned vehicle and was required by this chapter to comply
3 with section 7304(b)(2) (relating to reports to department of
4 possession of abandoned vehicles), 7305(c) (relating to notice
5 to owner and lienholders of abandoned vehicles) or 7308
6 (relating to public sale of unclaimed vehicles with value), the
7 department shall pay to the salvor from the Motor License Fund
8 the sum of $25 for the expenses incurred in compliance with
9 those sections. No portion of the $25 payment or any separate
10 consideration shall be reimbursed or paid to any government
11 agency or municipality by the salvor.
12 Section 6. Section 7310 of Title 75 is amended by adding a
13 subsection to read:
14 § 7310. Removal of vehicles and spilled cargo from roadway.
15 * * *
16 (d) Removal from Pennsylvania Turnpike System.--
17 Notwithstanding the other provisions of this section, any
18 vehicle on the Pennsylvania Turnpike System presumed to be
19 abandoned as defined in section 102 (relating to definitions)
20 shall immediately be removed by or at the direction of the
21 Pennsylvania State Police to the contract garage providing
22 service for that area. In all cases, the Pennsylvania State
23 Police shall remove or direct the removal of any such vehicle
24 within 24 hours of the time of the vehicle's presumption of
25 abandonment.
26 Section 7. Section 7311 of Title 75 is amended to read:
27 § 7311. Reports by garage keepers of abandoned vehicles.
28 The person in charge of any garage or repair shop in which a
29 vehicle of unknown ownership or known ownership which is being
30 repaired or stored has been left for a period of 15 consecutive
19960H2631B3577 - 18 -
1 days or in the case of repair or storage, 15 consecutive days
2 following the completion of repairs or storage agreement without
3 being removed by the owner or any other person duly authorized
4 to remove the vehicle shall report to the department within 24
5 hours of the expiration of the 15-day period giving the make,
6 engine number, vehicle identification number, registration plate
7 number and the name and address of the person abandoning the
8 vehicle if known. Upon receipt of the report the department
9 shall make a distinctive record of the report and [file the
10 report in the manner provided in section 7114 (relating to
11 records of stolen vehicles).] issue a private property abandoned
12 vehicle form under section 7311.1 (relating to reports by
13 private property owners of abandoned vehicles) to the garage
14 keeper to complete and file with the police.
15 Section 8. Title 75 is amended by adding a section to read:
16 § 7311.1. Reports by private property owners of abandoned
17 vehicles.
18 Any person, including a salvor, on whose property is located
19 a vehicle which is abandoned may authorize the removal or
20 processing of the vehicle under this chapter. Prior to removal
21 or processing of the vehicle the private property owner shall
22 file a report, on a three-part form prescribed by the
23 department, with the local police department declaring that an
24 unauthorized vehicle has been left unattended and on private
25 property for at least 24 hours. One part of such report shall be
26 retained by the private property owner and the other part shall
27 be filed with the local district justice. The local police
28 department shall process the vehicle as abandoned under this
29 chapter and attach a part of the report to the abandoned vehicle
30 information form.
19960H2631B3577 - 19 -
1 Section 9. This act shall take effect January 1, 1997.
D18L75RZ/19960H2631B3577 - 20 -