PRIOR PRINTER'S NO. 914 PRINTER'S NO. 3527
No. 814 Session of 1997
INTRODUCED BY PETRONE, PESCI, STABACK, BATTISTO, BELARDI, RAMOS
AND PRESTON, MARCH 12, 1997
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 4, 1998
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for abandonment and stripping of
3 vehicles.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "abandoned vehicle" in section
7 102 of Title 75 of the Pennsylvania Consolidated Statutes is
8 amended to read:
9 § 102. Definitions.
10 Subject to additional definitions contained in subsequent
11 provisions of this title which are applicable to specific
12 provisions of this title, the following words and phrases when
13 used in this title shall have, unless the context clearly
14 indicates otherwise, the meanings given to them in this section:
15 "Abandoned vehicle."
16 (1) A vehicle (other than a pedalcycle) shall be
17 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 Section 2. Section 3712(d) of Title 75 is amended to read:
26 § 3712. Abandonment and stripping of vehicles.
27 * * *
28 (d) Penalties.--
29 (1) [Any person violating] A violation of subsection (a)
30 or (b) [is guilty of a summary offense and shall, upon
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1 conviction, be sentenced to pay a fine of $50 plus]
2 constitutes an offense under 18 Pa.C.S. § 6504 (relating to
3 public nuisances). In addition to any penalty under 18
4 Pa.C.S. § 6504, the person shall be liable for all costs of
5 disposing of the vehicle under the provisions of Chapter 73
6 (relating to abandoned vehicles and cargos).
7 (2) Any person violating subsection (c):
8 (i) For a first offense, is guilty of a summary
9 offense punishable by a fine of not less than $100 nor
10 more than $500.
11 (ii) For a subsequent offense, is guilty of a
12 misdemeanor of the third degree.
13 SECTION 3. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ: <--
14 § 7304.1. REPORTS AND REMOVAL OF ABANDONED VEHICLES WITHIN THE
15 BOUNDARIES OF CITIES OF THE FIRST CLASS.
16 ANY AND ALL VEHICLES REPORTED ABANDONED TO THE POLICE
17 DEPARTMENT AND/OR THE APPROPRIATE DESIGNATED MUNICIPAL AGENCY OR
18 DEPARTMENT THAT HANDLES THE ABANDONED VEHICLE AND CARGO PROCESS
19 SHALL BE INVESTIGATED WITHIN FIVE BUSINESS DAYS TO DETERMINE IF
20 THE REPORTED VEHICLE IS ABANDONED AS DEFINED IN SECTION 102
21 (RELATING TO DEFINITIONS). UPON THE COMPLETION OF THE
22 INVESTIGATION, ANY AND ALL REPORTED VEHICLES THAT SATISFY THE
23 REQUIREMENTS OF THE DEFINITION OF "ABANDONED VEHICLE" SHALL BE
24 OFFICIALLY DECLARED ABANDONED AND REMOVED WITHIN TEN BUSINESS
25 DAYS BY THE POLICE DEPARTMENT OR BY AN AUTHORIZED SALVOR
26 PURSUANT TO POLICE OR MUNICIPALITY DIRECTIONS. PROPER
27 NOTIFICATION OF THE REMOVAL OF THE VEHICLE SHALL BE SENT
28 PURSUANT TO SECTION 7305 (RELATING TO NOTICE TO OWNER AND
29 LIENHOLDERS OF ABANDONED VEHICLES).
30 Section 3 4. The provisions of 75 Pa.C.S. § 3712(d) shall <--
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1 apply to sentences imposed on or after the effective date of
2 this act.
3 Section 4 5. This act shall take effect in 60 days. <--
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