PRINTER'S NO. 4387
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2870
Session of
2020
INTRODUCED BY SCHMITT, MILLARD AND YOUNGBLOOD,
SEPTEMBER 17, 2020
REFERRED TO COMMITTEE ON TRANSPORTATION, SEPTEMBER 17, 2020
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; and, in abandoned vehicles and cargos, further
providing for authorization of salvors, for reports to
department of possession of abandoned vehicles, for reports
and removal of abandoned vehicles within the boundaries of a
city of the first class or second class and for reports by
private property owners of abandoned vehicles and providing
for abandoned vehicles at wholesale vehicle auctions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "abandoned vehicle" and
"dealer" in section 102 of Title 75 of the Pennsylvania
Consolidated Statutes are amended and the section is amended by
adding a definition to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
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"Abandoned vehicle."
(1) A vehicle (other than a pedalcycle) shall be
presumed to be abandoned under any of the following
circumstances, but the presumption is rebuttable by a
preponderance of the evidence:
(i) The vehicle is physically inoperable and is left
unattended on a highway or other public property for more
than 48 hours.
(ii) The vehicle has remained illegally on a highway
or other public property for a period of more than 48
hours.
(iii) The vehicle is left unattended on or along a
highway or other public property for more than 48 hours
and does not bear all of the following:
(A) A valid registration plate.
(B) A current certificate of inspection.
(C) An ascertainable vehicle identification
number.
(iv) The vehicle has remained on private property
without the consent of the owner or person in control of
the property for more than 24 hours.
(v) The vehicle has remained on the private property
of a salvor for 20 days.
(vi) The vehicle has remained on the property of a
wholesale vehicle auction without the consent of the
wholesale vehicle auction for more than three business
days.
(2) Vehicles and equipment used or to be used in
construction or in the operation or maintenance of highways
or public utility facilities, which are left in a manner
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which does not interfere with the normal movement of traffic,
shall not be considered to be abandoned.
* * *
"Dealer." [A person engaged in the business of buying,
selling or exchanging vehicles.] The term includes a dealer, as
defined in the act of December 22, 1983 (P.L.306, No.84), known
as the Board of Vehicles Act. The term shall also include a
person acting or authorized as a dealer in another state and not
licensed as a dealer by the department.
* * *
"Wholesale vehicle auction." A person required to be
licensed for commission, compensation or other consideration in
the business of providing wholesale vehicle auction services at
an established place of business, regardless of whether the
person has custody or control of the vehicles, and who has the
authority of the buyer or seller of a vehicle to negotiate or
conduct a transaction on behalf of the buyer or seller, as
defined in the Board of Vehicles Act.
* * *
Section 2. Sections 7301(a), 7304 and 7304.1(a) of Title 75
are amended to read:
§ 7301. Authorization of salvors.
(a) General rule.--[The] Except for a wholesale vehicle
auction, the department shall authorize and shall issue a
certificate of authorization to every salvor that complies with
the requirements of this chapter and regulations adopted by the
department and is a currently registered vehicle salvage dealer
as defined in section 1337(c)(2) (relating to use of
"Miscellaneous Motor Vehicle Business" registration plates).
* * *
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§ 7304. Reports to department of possession of abandoned
vehicles.
(a) General rule.--Any salvor taking possession of an
abandoned vehicle pursuant to section 7303.1 (relating to duty
of police and salvors) shall within 48 hours after taking
possession send an abandoned vehicle information report to the
department. If the report indicates the vehicle is a salvage
vehicle, the salvor shall include a photograph of the vehicle to
be prepared in a manner prescribed by the department. Any
nonrepairable vehicle which does not display an identifiable
registration plate, current certificate of inspection and
ascertainable vehicle identification number shall be taken into
possession and flattened or crushed immediately. There is no
requirement to notify the department.
(b) Reports of abandoned vehicles at wholesale vehicle
auctions.--Any salvor taking possession of an abandoned vehicle
shall comply with section 7311.3(d) (relating to abandoned
vehicles at wholesale vehicle auctions).
§ 7304.1. Reports and removal of abandoned vehicles within the
boundaries of a city of the first class or second
class.
(a) General rule.--[Any] Except for vehicles declared to be
abandoned vehicles in accordance with section 7311.3 ( relating
to abandoned vehicles at wholesale vehicle auctions), any and
all vehicles reported abandoned to the police department and/or
the appropriate designated municipal agency or department that
handles the abandoned vehicle and cargo process shall be
investigated within five business days to determine if the
reported vehicle is abandoned as defined in section 102
(relating to definitions). Upon the completion of the
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investigation, any and all reported vehicles that satisfy the
requirements of the definition of "abandoned vehicle" shall be
officially declared abandoned and removed within ten business
days by the police department or by an authorized salvor
pursuant to police or municipality directions. Proper
notification of the removal of the vehicle shall be sent
pursuant to section 7305 (relating to notice to owner and
lienholders of abandoned vehicles).
* * *
Section 3. Section 7311.1 of Title 75 is amended by adding a
subsection to read:
§ 7311.1. Reports by private property owners of abandoned
vehicles.
* * *
(c) Applicability.--This section shall not apply to
abandoned vehicles on the property of a wholesale vehicle
auction.
Section 4. Title 75 is amended by adding a section to read:
§ 7311.3. Abandoned vehicles at wholesale vehicle auctions.
(a) General rule.--Notwithstanding any other provision of
this chapter to the contrary, a wholesale vehicle auction may
take action to remove, sell or legally obtain the ownership of a
vehicle that is declared an abandoned vehicle on the property of
the wholesale vehicle auction in accordance with this section.
(b) Applicability.--No vehicle shall be considered an
abandoned vehicle on the property of a wholesale vehicle auction
until the following conditions have been met:
(1) The vehicle is declared an abandoned vehicle.
(2) The person who retains the certificate of title or
is a lienholder of record of the vehicle has entered into an
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agreement with the wholesale vehicle auction that permits the
vehicle to be stored on the property of the wholesale vehicle
auction for a period longer than three business days.
(c) Notice to lienholder.--
(1) A wholesale vehicle auction that intends to remove,
sell or legally obtain ownership of an abandoned vehicle
under this section must submit a written notice to the last
known registered owner of the abandoned vehicle and all
lienholders of record that the abandoned vehicle is being
held as an abandoned vehicle. The written notice may not be
distributed by the wholesale vehicle auction until both
conditions under subsection (b) have been met.
(2) The written notice shall be sent by certified mail
and include return receipt requested.
(3) A wholesale vehicle auction shall provide the
recipient of the written notice a waiting period of no less
than 15 business days after the date the notice was
distributed to respond to the notice.
(4) The notice shall:
(i) Describe the make, model, title number, vehicle
identification number and registration plate number of
the abandoned vehicle, if known.
(ii) State the location where the abandoned vehicle
is being held.
(iii) Inform the owner and any lienholder of the
right to reclaim the abandoned vehicle and the contents
in the abandoned vehicle within 15 days after the date
the notice was mailed at the place where the abandoned
vehicle is being held by the wholesale vehicle auction,
upon payment of any reasonable fee set by the wholesale
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vehicle auction.
(iv) State that the failure of the owner or
lienholder to reclaim the abandoned vehicle and the
contents in the abandoned vehicle is deemed consent by
the owner to the destruction, sale or other disposition
of the abandoned vehicle and the contents in the
abandoned vehicle and of all lienholders to dissolution
of their liens.
(5) If the identity of the last registered owner and of
all lienholders of an abandoned vehicle cannot be determined
with reasonable certainty, the notice shall be published one
time in a newspaper of general circulation or electronic
newspaper of general circulation in the area where the
wholesale vehicle auction was located. The notice may contain
multiple listings of abandoned vehicles. Notice by
publication locally shall be the responsibility of the
wholesale vehicle auction. The notice shall have the same
effect as notice sent by certified mail.
(6) A copy of every written notice sent out in
accordance with this section shall also be provided, upon
request, to the department.
(7) A wholesale vehicle auction that complies with this
section shall not be subject to liability from the dealer or
other owner of an abandoned vehicle removed, sold or
otherwise disposed of under this section. A dealer that
purchases an abandoned vehicle at a wholesale vehicle auction
under this section is not subject to liability from the
dealer or other owner of the abandoned vehicle.
(d) Transferring of certificate of title for abandoned
vehicles.--For the purpose of facilitating expedited title
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transfer of an abandoned vehicle at a wholesale vehicle
auction's property, the department shall establish a form on
which a wholesale vehicle auction shall certify that a vehicle
is an abandoned vehicle under this section.
(e) Storage fees.--
(1) A wholesale vehicle auction may impose, charge and
collect reasonable storage fees from the owner or dealer
regarding an abandoned vehicle as a means of recovering the
costs of storing the abandoned vehicle.
(2) No wholesale vehicle auction may impose storage fees
of more than $25 per day.
(f) Use of salvors.--When requested by a wholesale vehicle
auction to remove from the property of the wholesale vehicle
auction an abandoned vehicle, a salvor may remove the vehicle in
accordance with this chapter.
(g) Duty of department.--The department may by regulation
adopt specific requirements for implementing this section and
any additional requirements, not inconsistent with this section,
that ensure compliance with this title relating to transferring
of certificates of title and registration for abandoned
vehicles.
Section 5. This act shall take effect in 120 days.
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