1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, further providing for the definition of "abandoned
3vehicle," for notice to owner prior to removal and for
4property owner's removal of vehicle.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1.  The definition of "abandoned vehicle" in section
8102 of Title 75 of the Pennsylvania Consolidated Statutes is
9amended to read:

10§ 102.  Definitions.

11Subject to additional definitions contained in subsequent
12provisions of this title which are applicable to specific
13provisions of this title, the following words and phrases when
14used in this title shall have, unless the context clearly
15indicates otherwise, the meanings given to them in this section:

16"Abandoned vehicle."

17(1)  A vehicle (other than a pedalcycle) shall be
18presumed to be abandoned under any of the following
19circumstances, but the presumption is rebuttable by a

1preponderance of the evidence:

2(i)  The vehicle is physically inoperable and is left
3unattended on a highway or other public property for more
4than 48 hours.

5(ii)  The vehicle has remained illegally on a highway
6or other public property for a period of more than 48
7hours.

8(iii)  The vehicle is left unattended on or along a
9highway or other public property for more than 48 hours
10and does not bear all of the following:

11(A)  A valid registration plate.

12(B)  A current certificate of inspection.

13(C)  An ascertainable vehicle identification
14number.

15(iv)  The vehicle has remained on private property
16without the consent of the owner or person in control of
17the property for more than 24 hours.

18(v)  A vehicle meeting any one of the criteria in
19subparagraph (iii)(A), (B) or (C) has remained on an
20abandoned private property, that meets the criteria set
21forth in section 3353(c) (relating to prohibitions in
22specified places), and the vehicle is located in a city
23of the second class.

24(2)  Vehicles and equipment used or to be used in
25construction or in the operation or maintenance of highways
26or public utility facilities, which are left in a manner
27which does not interfere with the normal movement of traffic,
28shall not be considered to be abandoned.

29* * *

30Section 2.  Sections 3352(d)(3) and 3353(c) of Title 75 are

1amended to read:

2§ 3352.  Removal of vehicle by or at direction of police.

3* * *

4(d)  Notice to owner prior to removal.--

5* * *

6(3)  The provision for notice set forth in this
7subsection is applicable only if the vehicle is abandoned
8upon a highway or if the vehicle is abandoned upon private 
9property in a city of the second class that meets the 
10criteria set forth under section 3353(c) for removal at the 
11authorization of a civilian representative that is also an 
12employee of the city, who has been authorized by legislation 
13of the city council, and is not in violation of subsection
14(b) or section 3351(a) or 3353. Notice under this subsection
15is in addition to any other notice requirements provided in
16Chapter 73.

17* * *

18§ 3353.  Prohibitions in specified places.

19* * *

20(c)  Property owner may remove vehicle.--The owner or other
21person in charge or possession of any property on which a
22vehicle is parked or left unattended in violation of the
23provisions of subsection (b) may remove or have removed the
24vehicle at the reasonable expense of the owner of the vehicle.
25For the purposes of this section, a representative designated by 
26a city of the second class is authorized, in lieu of the 
27property owner, to remove or to sign any required paperwork, on 
28behalf of a deceased or absent property owner, to have a vehicle 
29removed when the vehicle is parked on an abandoned private 
30property and the vehicle otherwise meets the criteria for being 

1an abandoned vehicle as set forth under section 102 (relating to 
2definitions). In order for an authorized civilian representative 
3of a city of the second class to authorize the removal of an 
4abandoned vehicle from private property at least one of the 
5following conditions must be met:

6(1)  the authorized city representative has a reasonable
7belief that the owner or owners of the private property on
8which the vehicle is located are deceased and no executor or
9administrator for an estate can be contacted; or

10(2)  the property is otherwise abandoned as evidenced by
11any of the following:

12(i)  failure by the property owner to pay taxes on
13the property for a period of two or more years;

14(ii)  the property is condemned;

15(iii)  the property has been cited for at least three
16property maintenance code violations, which have gone
17unabated for a period of 30 or more days; or

18(iv)  the property is visibly vacant, open or
19vandalized.

20The authorization of a civilian representative of a city of 
21the second class to authorize the removal of a vehicle from 
22private property, on behalf of a deceased or absent property 
23owner, for a property which meets any of the above criteria, 
24will not abrogate the need for police authorization of the 
25removal of the vehicle, where it would otherwise be required. 
26In cases where a representative of a city of the second class 
27is authorizing the removal of a vehicle from private 
28property, the representative of the city shall give notice to 
29the owner of the vehicle as set forth under section 3352(d)
30(1) (relating to removal of vehicle by or at direction of 

1police) prior to the removal of the vehicle, unless the 
2vehicle has otherwise met the criteria under section 7304.1 
3(relating to reports and removal of abandoned vehicles within 
4the boundaries of a city of the first class or second class) 
5which would allow for immediate removal of the vehicle. Such
6person or city who removes [or], has removed or authorized 
7the removal of a vehicle left parked or unattended in
8violation of the provisions of subsection (b) shall have a
9lien against the owner of the vehicle, in the amount of the
10reasonable value of the costs of removing the vehicle plus
11the costs of storage. Any city, borough, incorporated town or
12township may, by ordinance, provide for rates to be charged
13for removal of vehicles and for municipal regulation of
14authorized towing services. If storage charges are not set by
15the municipality, a maximum of $25 per day may be charged for
16storage.

17* * *

18Section 3.  This act shall take effect in 60 days.