PRINTER'S NO. 2783
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2372
Session of
2022
INTRODUCED BY SCHMITT, MILLARD AND ZIMMERMAN, MARCH 8, 2022
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 8, 2022
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 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:
"Abandoned vehicle."
(1) A vehicle (other than a pedalcycle) shall be
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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
which does not interfere with the normal movement of traffic,
shall not be considered to be abandoned.
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* * *
"Dealer." [A person engaged in the business of buying,
selling or exchanging vehicles.] The following:
(1) A dealer, as defined in section 102 of the act of
December 22, 1983 (P.L.306, No.84), known as the Board of
Vehicles Act.
(2) 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. 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) Wholesale vehicle auction.--An unauthorized vehicle that
has been left unattended and on private property includes a
vehicle intended for sale or that has been sold through a
wholesale vehicle auction when the vehicle has remained on the
property of the wholesale vehicle auction without the consent or
authorization of the wholesale vehicle auction for a period
exceeding three business days.
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Section 3. 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 not entered into
an 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) Removal process.--
(1) 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.
(2) A wholesale vehicle auction that intends to sell or
legally obtain ownership of an abandoned vehicle under this
section must do all of the following:
(i) Submit a written or electronic notice to the
last known owner of the abandoned vehicle as determined
by the title, including any reassignments or the dealer
of record selling or purchasing the vehicle through the
wholesale vehicle auction, and all lienholders of record
that the abandoned vehicle is being held as an abandoned
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vehicle. The written or electronic notice may not be
distributed by the wholesale vehicle auction until both
conditions under subsection (b) have been met.
(ii) The written notice shall be sent by certified
mail and include return receipt requested.
(iii) Electronic notice shall be typed on an
official document and sent by electronic mail and include
return receipt requested if an electronic mail address is
known.
(iv) If an electronic mail address is not known,
written notice shall be sent as specified under
subparagraph (ii).
(v) A wholesale vehicle auction shall provide the
recipient of the written or electronic notice a waiting
period of no less than 15 business days after the date
the notice was distributed to respond to the notice.
(vi) The notice shall:
(A) Describe the make, model, title number,
vehicle identification number and registration plate
number of the abandoned vehicle, if known.
(B) State the location where the abandoned
vehicle is being held.
(C) Inform the owner or dealer of record 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 vehicle
auction.
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(D) State that the failure of the owner, dealer
of record or lienholder to reclaim the abandoned
vehicle and the contents in the abandoned vehicle is
deemed consent by the owner or dealer of record 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.
(vii) If the identity of the last owner or dealer of
record 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 is 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.
(viii) A copy of every written notice sent out in
accordance with this section shall also be provided to
the department.
(ix) 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.
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(d) Transferring of certificate of title for abandoned
vehicles.--For the purpose of facilitating expedited title
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. The form shall
contain a full description of the vehicle, the vehicle
identification number, odometer reading, date of purchase by
dealer and any other information or documents the department
requires to identify the vehicle and shall be accompanied with
the required fee. Upon receipt of an application by a wholesale
vehicle auction for an expedited title, the department shall
process and send a certificate within 15 days. The following
shall apply:
(1) If a wholesale vehicle auction follows the
procedures outlined in this section and the abandoned vehicle
remains unclaimed, the wholesale vehicle auction may submit
an application for certificate of title to the department.
(2) The proper form, along with copies of all
documentation required under this subsection, shall be
forwarded to the department.
(3) If the department determines that a new certificate
of title should be issued, an abandoned vehicle branded title
shall be issued to the wholesale vehicle auction.
(4) After an abandoned vehicle branded title is issued
under paragraph (3), the vehicle shall be offered for sale at
auction by the wholesale vehicle auction. Notice shall be
provided to prospective buyers that the title has been
branded as a former abandoned vehicle.
(5) The wholesale vehicle auction shall be reimbursed
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for the cost of storing, providing notice, obtaining title
and processing the vehicle from the proceeds of the sale of
the vehicle. The remaining proceeds of the sale shall be paid
to the department and transmitted to the State Treasurer for
deposit in the Motor License Fund.
(6) No certificate of title shall be issued under this
subsection to a wholesale vehicle auction unless proper
notice related to the provisions of this section is provided
to persons utilizing the services of the wholesale vehicle
auction.
(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.
(3) Storage fees may not be collected for any period of
time for which an agreement to store the vehicle on the
property of the wholesale vehicle auction was in effect,
unless specifically included in the agreement.
(4) Storage fees may not be imposed for the first three
business days the vehicle remained on the property of the
wholesale vehicle auction.
(5) Storage fees may not be imposed by the wholesale
vehicle auction on or after the date of transfer of the
vehicle to a salvor.
(6) When the title for the abandoned vehicle has been
transferred to the wholesale vehicle auction, all fees
associated with the storage and processing of the vehicle
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shall be deemed to have been satisfied.
(7) When the abandoned vehicle has been transferred to a
salvor and the vehicle is subsequently sold at auction:
(i) The salvor shall recover the appropriate costs
of towing and storage.
(ii) The wholesale vehicle auction shall be
reimbursed for the cost of storing, providing notice,
obtaining title and processing related to the vehicle
when the additional funds are available as the result of
the salvor's auction. The remaining proceeds of the sale
shall be paid to the department and transmitted to the
State Treasurer for deposit in the Motor License Fund.
(8) No storage fees may be collected by a wholesale
vehicle auction unless proper notice related to the
provisions of this subsection and notice indicating the daily
fee for storage is provided. The information required under
this paragraph shall be posted on the wholesale vehicle
auction's publicly accessible Internet website or provided
directly to each person utilizing the wholesale vehicle
auction services.
(f) Prior sale.--When a vehicle has been sold through a
wholesale vehicle auction and is subsequently abandoned by the
buyer on the property of the wholesale vehicle auction, and when
the buyer has failed to pay the agreed purchase price, the
wholesale vehicle auction may seek compensation due from the
sale by appropriate judicial process.
(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 the
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transferring of certificates of title and registration for
abandoned vehicles.
Section 4. This act shall take effect in 120 days.
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