§ 3745.1. Accident scene clearance.
(a) General rule.--Notwithstanding any other provision of law to the contrary, the driver of any vehicle in an accident that does not result in apparent serious bodily injury or death shall immediately remove the vehicle from the roadway to a safe refuge on the shoulder, emergency lane or median or to a place otherwise removed from the roadway whenever, in the judgment of the driver:
(1) The motor vehicle does not require towing and can be normally and safely driven under its own power in its customary manner without further damage or hazard to the motor vehicle, traffic elements or the roadway.
(2) The motor vehicle can be moved safely.
(b) Driver request.--The driver of a motor vehicle involved in a traffic accident may request any individual who possesses a valid driver's license to remove the vehicle from the roadway in order to comply with this section. Such individual is not required to comply with the request and shall not be subject to any liability, either civil or criminal, for refusing the request.
(c) Police officers.--A police officer may immediately remove or direct removal of a wrecked vehicle if the owner or operator cannot remove the wrecked vehicle or refuses or fails to have the vehicle removed as required under this section. In carrying out the provisions of this subsection, no liability shall attach to the police officer or, absent a showing of gross negligence, to any person acting under the direction of the police officer for damage to any vehicle or damage to or loss of any portion of the contents of the vehicle.
(d) No liability.--The driver or any other person who has removed a vehicle from the roadway as provided in this section before the arrival of a law enforcement officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this section.
(e) Other driver duties.--Compliance with this section shall not affect a driver's duty to comply with section 3742 (relating to accidents involving death or personal injury), 3743 (relating to accidents involving damage to attended vehicle or property), 3744 (relating to duty to give information and render aid), 3745 (relating to accidents involving damage to unattended vehicle or property), 3746 (relating to immediate notice of accident to police department) or 3747 (relating to written report of accident by driver or owner).
(f) Other police duties.--This section shall not relieve any law enforcement officer of an investigating police department, including the Pennsylvania State Police, from complying with section 3746 or 3751 (relating to reports by police).
(g) Penalty.--Any person violating this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $50.
(Dec. 8, 2004, P.L.1791, No.237, eff. 150 days; Oct. 19, 2010, P.L.557, No.81, eff. 60 days)
2010 Amendment. Act 81 amended subsec. (a). The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael C. Weigand Law.
2004 Amendment. Act 237 added section 3745.1.