PRINTER'S NO. 3658
No. 2642 Session of 1990
INTRODUCED BY STISH, TIGUE, JAROLIN, BELARDI, STABACK, CAWLEY,
GEORGE, ARGALL, BATTISTO, STUBAN, ROBINSON, McCALL, BLAUM AND
FREEMAN, JUNE 6, 1990
REFERRED TO COMMITTEE ON CONSERVATION, JUNE 6, 1990
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for motor carrier vehicles and
3 for removal of vehicle by or at direction of police;
4 providing for forfeiture of certain motor carrier vehicles;
5 further providing for unlawful activities, for operation of
6 vehicles without certificate of inspection, for inspection by
7 police or Commonwealth personnel, for weighing and
8 measurement of vehicles, for impoundment of vehicles for
9 nonpayment of fines and disposition of impounded vehicles and
10 loads, for removal of vehicles, for removal of vehicles and
11 spilled cargo from roadway; and providing for penalties.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The definition of "motor carrier vehicle" in
15 section 102 of Title 75 of the Pennsylvania Consolidated
16 Statutes is amended to read:
17 § 102. Definitions.
18 Subject to additional definitions contained in subsequent
19 provisions of this title which are applicable to specific
20 provisions of this title, the following words and phrases when
21 used in this title shall have, unless the context clearly
22 indicates otherwise, the meanings given to them in this section:
1 * * *
2 "Motor carrier vehicle." A truck, truck tractor or
3 combination having a gross weight or registered gross weight in
4 excess of [17,000] 10,000 pounds.
5 * * *
6 Section 2. Section 3352 of Title 75 is amended to read:
7 § 3352. Removal of vehicle by or at direction of police.
8 (a) Outside business and residence districts.--Whenever any
9 police officer finds a vehicle in violation of any of the
10 provisions of section 3351 (relating to stopping, standing and
11 parking outside business and residence districts), the officer
12 may move the vehicle, or cause the vehicle to be moved, or
13 require the driver or other person in charge of the vehicle to
14 move the vehicle, to a position off the roadway where the
15 vehicle will not interfere unduly with the normal movement of
16 traffic or constitute a safety hazard.
17 (b) Unattended vehicle [obstructing traffic].--
18 (1) Any police officer may remove or cause to be removed
19 to a place of safety any unattended vehicle illegally left
20 standing upon any highway, bridge, causeway or in any tunnel,
21 in such position or under such circumstances as to interfere
22 unduly with the normal movement of traffic or constitute a
23 safety hazard.
24 (2) A member of the Pennsylvania State Police may remove
25 or cause to be removed to a place of safety any vehicle left
26 standing on a limited access highway for 12 hours.
27 (c) Removal to garage or place of safety.--Any police
28 officer may remove or cause to be removed to the place of
29 business of the operator of a wrecker or to a nearby garage or
30 other place of safety any vehicle found upon a highway under any
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1 of the following circumstances:
2 (1) Report has been made that the vehicle has been
3 stolen or taken without the consent of its owner.
4 (2) The person or persons in charge of the vehicle are
5 physically unable to provide for the custody or removal of
6 the vehicle.
7 (3) The person driving or in control of the vehicle is
8 arrested for an alleged offense for which the officer is
9 required by law to take the person arrested before an issuing
10 authority without unnecessary delay.
11 (4) The vehicle is in violation of section 3353
12 (relating to prohibitions in specified places) except for
13 overtime parking.
14 (5) The vehicle has been abandoned as defined in this
15 title. The officer shall comply with the provisions of
16 subsection (d) and Chapter 73 (relating to abandoned vehicles
17 and cargos).
18 (d) Notice to owner prior to removal.--
19 (1) Prior to removal of an abandoned vehicle bearing a
20 registration plate, certificate of inspection or vehicle
21 identification number plate by which the last registered
22 owner of the vehicle can be determined, the police department
23 shall send a notice by certified mail to the last registered
24 owner of the vehicle informing the owner that unless the
25 vehicle is moved to a suitable location within seven days of
26 the date notice is mailed, the vehicle will be removed under
27 this section and held at a suitable facility where it may be
28 reclaimed by the owner in accordance with the provisions of
29 section 7306 (relating to payment of costs upon reclaiming
30 vehicle). If the abandoned motor vehicle does not bear an
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1 identifiable registration plate, certificate of inspection or
2 vehicle identification number plate, the notice may be
3 secured to the vehicle.
4 (2) If, within the seven-day period, the owner so
5 requests, the owner shall be given an opportunity to explain
6 to the police officer or department why the owner believes
7 the vehicle should not be removed. If the police officer or
8 department determines that the vehicle shall, nonetheless, be
9 removed, the owner shall be given an additional 48 hours to
10 remove the vehicle, have it removed or demand a hearing,
11 which shall conform to the requirements of 2 Pa.C.S. Ch. 5
12 Subch. B (relating to practice and procedure of local
13 agencies). The police officer or department shall inform the
14 owner of the right to a hearing by delivering to the owner a
15 notice warning the owner that, unless the vehicle is removed
16 or a hearing is demanded, the owner shall be subject to the
17 provisions of section 7306. If, as a result of the hearing,
18 it is determined that the vehicle will be removed, the owner
19 shall be given an additional 48 hours to remove the vehicle
20 or have it removed. The hearing shall be before a civilian
21 officer or employee of the municipality in which the vehicle
22 is located.
23 (3) The provision for notice set forth in this
24 subsection is applicable only if the vehicle is abandoned
25 upon a highway and is not in violation of subsection (b) or
26 section 3351(a) or 3353. Notice under this subsection is in
27 addition to any other notice requirements provided in Chapter
28 73.
29 Section 3. Title 75 is amended by adding a section to read:
30 § 3736. Forfeiture of motor carrier vehicle.
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1 Whenever a pedestrian or an occupant of another vehicle
2 suffers a serious injury, as defined in section 1702 (relating
3 to definitions), in an accident caused by or involving a motor
4 carrier vehicle, the motor carrier vehicle shall be forfeited to
5 the Commonwealth if it had any of the critical vehicle defects
6 enumerated in section 4704(c.1) (relating to inspection by
7 police or Commonwealth personnel) or if the driver was in
8 violation of section 4704(c.2) and if the critical vehicle
9 defect or driver violation was a contributory factor in causing
10 the accident.
11 (1) If the investigating police officer has reason to
12 believe that there was a serious injury, the motor carrier
13 vehicle shall be impounded and inspected for critical
14 defects. If the inspection reveals one or more critical
15 defects, it shall remain impounded until a court determines
16 whether this section is applicable.
17 (2) The load shall be handled as provided in section
18 6310 (relating to disposition of impounded vehicles and
19 loads).
20 Section 4. Sections 4107, 4703(a), (b), (c) and (h), 4704,
21 4981, 6309, 6310 and 7310 of Title 75 are amended to read:
22 § 4107. Unlawful activities.
23 (a) Violation of vehicle equipment standards.--
24 (1) It is unlawful for any person to sell, offer for
25 sale, lease, install or replace, either separately or as part
26 of the equipment of a vehicle, any item of vehicle equipment
27 affecting the operation of the vehicle which does not comply
28 with this title or regulations promulgated thereunder, or
29 which does not comply with an applicable Federal motor
30 vehicle safety standard adopted by regulation by the
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1 department.
2 (2) Any person convicted of violating this subsection
3 shall be subject to a civil penalty of not more than $100 for
4 each violation. Each violation of the provisions of this
5 subsection shall constitute a separate violation with respect
6 to each motor vehicle or item of motor vehicle equipment or
7 with respect to each failure or refusal to allow or perform
8 an act required thereby, except that the maximum civil
9 penalty shall not exceed $10,000 for any related series of
10 violations.
11 (b) Other violations.--It is unlawful for any person to do
12 any of the following:
13 (1) Willfully or intentionally remove (other than for
14 purposes of repair and replacement) or render inoperative, in
15 whole or in part, any item of vehicle equipment which was
16 required to be installed at the time of manufacture or
17 thereafter upon any vehicle, by any law, rule, regulation or
18 requirement of any officer or agency of the United States or
19 of the Commonwealth, if it is intended that the vehicle be
20 operated upon the highways of this Commonwealth unless the
21 removal or alteration is specifically permitted by this title
22 or by regulations promulgated by the department.
23 (2) Operate, or cause or permit another person to
24 operate, on any highway in this Commonwealth any vehicle or
25 combination [which] in violation of department regulations
26 pertaining to drivers or if the vehicle is not equipped as
27 required under this part or under department regulations or
28 [which] is otherwise in an unsafe condition or in violation
29 of department regulations.
30 (3) Do any act forbidden by this part or fail to perform
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1 any act required under this part.
2 (c) Use of certain equipment unaffected.--This part shall
3 not be construed to:
4 (1) Prohibit the use of parts or equipment required by
5 the National Traffic and Motor Vehicle Safety Act of 1966 (80
6 Stat. 718, 15 U.S.C. § 1381) or the use of any other parts or
7 accessories on any vehicle not inconsistent with the
8 provisions of this title or regulations promulgated
9 thereunder.
10 (2) Limit the use of independent after market repair and
11 service parts in the repair of vehicles and items of vehicle
12 equipment unless in violation of the provisions of this title
13 or regulations promulgated thereunder.
14 (d) Penalty.--
15 (1) A person who operates a motor carrier vehicle or a
16 bus in violation of subsection (b)(2) commits a summary
17 offense and, upon conviction, shall be sentenced to pay a
18 fine of $25 per violation, except that the fine for a
19 violation which causes the vehicle or driver to be placed out
20 of service under section 4704(c) (relating to inspection by
21 police or Commonwealth personnel) shall be $50 per violation.
22 The maximum fine which may be levied on the basis of multiple
23 charges filed together shall be $500.
24 (2) A person who causes or permits another person to
25 operate a motor carrier vehicle or a bus in violation of
26 subsection (b)(2) commits a summary offense and, upon
27 conviction, shall be sentenced to pay a fine of $50 per
28 violation, except that the minimum fine for a violation which
29 causes the vehicle or driver to be placed out of service
30 under section 4704(c) shall be $100 per violation. The
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1 maximum fine which may be levied on the basis of multiple
2 charges filed together shall be $1,000.
3 § 4703. Operation of vehicle without official certificate of
4 inspection.
5 (a) General rule.--
6 (1) Except as otherwise provided in this section, no
7 motor vehicle required to bear current registration plates
8 issued by this Commonwealth shall be driven and no trailer
9 required to bear current registration plates issued by this
10 Commonwealth shall be moved on a highway and no mass transit
11 vehicle shall be operated unless the vehicle displays a
12 currently valid certificate of inspection issued under this
13 chapter.
14 (2) A motor carrier vehicle which is not registered in
15 this Commonwealth and which transports or hauls "solid
16 waste," as that term is defined in section 103 of the act of
17 July 7, 1980 (P.L.380, No.97), known as the Solid Waste
18 Management Act, shall not be operated on a highway unless it
19 displays a currently valid certificate of inspection issued
20 by a state which has an inspection program which has been
21 determined by the Federal Government to be comparable to, or
22 as effective as, the periodic inspection requisites contained
23 in Federal regulations. Motor carrier vehicles coming from
24 outside of this Commonwealth and which, at the time of
25 entering this Commonwealth, do not bear a currently valid
26 certificate of inspection issued by the state with a program
27 qualifying under this subsection shall be required to be
28 inspected within six hours after entering this Commonwealth.
29 (b) Exceptions.--Subsection (a) does not apply to:
30 (1) Special mobile equipment.
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1 (2) Implements of husbandry.
2 (3) Motor vehicles being towed.
3 (4) Motor vehicles being operated or trailers being
4 towed by an official inspection station owner or employee for
5 the purpose of inspection.
6 (5) Trailers having a registered gross weight of 3,000
7 pounds or less.
8 (6) Motorized pedalcycles.
9 (7) Vehicles being repossessed by a financer or
10 collector-repossessor through the use of miscellaneous motor
11 vehicle business registration plates.
12 (8) New vehicles while they are in the process of
13 manufacture, including testing, and not in transit from the
14 manufacturer to a purchaser or dealer.
15 (9) Any military vehicle used for training by a private,
16 nonprofit, tax exempt military educational institution when
17 such vehicle does not travel on public roads in excess of one
18 mile and the property on both sides of the public road is
19 owned by the institution.
20 (10) Antique vehicles.
21 (11) Any motor carrier vehicle not registered in this
22 Commonwealth which has passed and displays a valid
23 certificate of inspection indicating it has passed the
24 Commercial Vehicle Safety Alliance safety inspection.
25 (c) Inspection of vehicles reentering this Commonwealth.--
26 (1) Vehicles, other than motor carrier vehicles, subject
27 to registration and inspection in this Commonwealth which
28 have been outside this Commonwealth continuously for 30 days
29 or more and which, at the time of reentering this
30 Commonwealth, do not bear a currently valid certificate of
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1 inspection shall not be required to be inspected until ten
2 days after reentering this Commonwealth.
3 (2) Motor carrier vehicles subject to registration and
4 inspection in this Commonwealth, which have been outside this
5 Commonwealth continuously for 30 days or more and which, at
6 the time of reentering this Commonwealth do not bear a
7 currently valid certificate of inspection, shall be required
8 to be inspected within six hours after entering this
9 Commonwealth.
10 * * *
11 (h) Penalty.--[Any]
12 (1) Except as provided in paragraph (2), any person
13 violating this section is guilty of a summary offense and
14 shall, upon conviction, be sentenced to pay a fine of up to
15 $25.
16 (2) Any person violating any of the provisions of this
17 section with a motor carrier vehicle is guilty of a summary
18 offense and shall, upon conviction, be sentenced to pay a
19 fine of $500.
20 § 4704. Inspection by police or Commonwealth personnel.
21 (a) Authority to inspect.--
22 (1) Inspection in conjunction with vehicle weighing.--
23 Any police officer or Commonwealth employee engaged in
24 weighing vehicles as provided in Subchapter E of Chapter 49
25 (relating to measuring and adjusting vehicle size and
26 weights) is authorized to inspect any items of a vehicle's
27 equipment to determine whether they meet the standards
28 established in department regulations.
29 (2) Systematic vehicle inspection programs.--Any
30 Pennsylvania State Police officer or qualified Commonwealth
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1 employee engaged in a systematic vehicle inspection program
2 may inspect any vehicle, driver, documents, equipment and
3 load to determine whether they meet standards established in
4 department regulations.
5 (3) Probable cause.--
6 (i) Any State Police officer or qualified
7 Commonwealth employee having probable cause to believe
8 that a vehicle, driver, documents, equipment or load are
9 unsafe, not equipped as required or otherwise not in
10 compliance with the law or regulations may inspect the
11 vehicle, driver, documents, equipment or load.
12 (ii) Any police officer having probable cause to
13 believe that a vehicle or its equipment is unsafe, not
14 equipped as required or otherwise not in compliance with
15 the law or regulations may inspect the vehicle or its
16 equipment.
17 (b) Notice of violation.--Any police officer or qualified
18 Commonwealth employee, having probable cause to believe that any
19 vehicle or mass transit vehicle, regardless of whether it is
20 being operated, or its equipment, documents or load, are unsafe,
21 not equipped as required, or are otherwise not in compliance
22 with the law or department regulations, may at any time submit a
23 written notice of the violations to the driver of the vehicle or
24 the mass transit vehicle or to the owner or registrant, or if
25 none of them is present, to an adult occupant of the vehicle or
26 the mass transit vehicle, or if the vehicle or the mass transit
27 vehicle is unoccupied, the notice shall be attached to the
28 vehicle or the mass transit vehicle in a conspicuous place.
29 (1) The notice shall specify the particulars of the
30 violations and require that the violations be corrected.
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1 Within five days or, in the case of a motor carrier vehicle
2 or bus, within 15 days or before commencement of the
3 vehicle's next trip, whichever occurs first, evidence must be
4 submitted to the police or the Commonwealth, whichever is
5 applicable, that the violations have been corrected.
6 (2) If the police officer or qualified Commonwealth
7 employee has probable cause to believe that a vehicle or mass
8 transit vehicle is unsafe or not in proper repair, he may
9 require in the written notice that the vehicle or mass
10 transit vehicle be inspected. The owner or driver shall,
11 within five days of the date of notification or, in the case
12 of a motor carrier vehicle or bus, within 15 days of the date
13 of notification or before commencement of the vehicle's next
14 trip, whichever occurs first, submit to the police or the
15 Commonwealth, whichever is applicable, certification from an
16 official inspection station that the vehicle or the mass
17 transit vehicle has been restored to safe operating condition
18 in relation to the particulars specified on the notice.
19 (3) After the expiration of the five-day or 15-day
20 period specified in paragraphs (1) and (2), whichever is
21 appropriate, the vehicle shall not be operated upon the
22 highways of this Commonwealth and a mass transit vehicle
23 shall not be operated until the owner or driver has submitted
24 to the police or the Commonwealth, whichever is applicable,
25 evidence of compliance with the requirements of paragraph (1)
26 or (2), whichever is applicable.
27 (c) Operation prohibited if hazardous.--In the event a
28 vehicle or a mass transit vehicle, or its equipment, load or
29 driver, in the reasonable judgment of the officer or qualified
30 Commonwealth employee, is in such condition that further
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1 operation would be hazardous, the officer or qualified
2 Commonwealth employee may require that the vehicle or the mass
3 transit vehicle not be operated under its own power or that the
4 driver discontinue driving, or both, and may so stipulate in the
5 notice given under subsection (b). In the case of motor carrier
6 vehicles or their drivers, all such determinations shall be
7 based on out-of-service criteria established in department
8 regulations.
9 (c.1) Critical vehicle defects.--It is unlawful for a person
10 to operate or cause or permit another person to operate on a
11 highway a motor carrier vehicle which has any of the following
12 critical vehicle defects:
13 (1) Inoperable or missing brake on any wheel required to
14 have a brake.
15 (2) No operable taillights on the vehicle, or on the
16 rear vehicle of a combination.
17 (3) No operable brakelights on the vehicle, or on the
18 rear vehicle of a combination.
19 (4) Unsecured load.
20 (5) Any tire is flat; or a tire on a steering axle has
21 less than 2/32" tread or any other tire has less than 1/32"
22 tread when measured in any two adjacent major tread grooves
23 at any location on the tire.
24 (6) A braking system with 20% or more of the brakes
25 beyond the readjustment limits as defined in department
26 regulations.
27 (c.2) Hours of service limitations.--It is unlawful for a
28 person to operate a motor carrier vehicle on a highway in excess
29 of the hours of service limitations established in department
30 regulations.
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1 (d) Authority of police and qualified Commonwealth
2 employees.--Any police officer or qualified Commonwealth
3 employee shall be authorized to detain and inspect any sealed or
4 unsealed vehicle, container or shipment which they have probable
5 cause to believe may be in violation of the law or Commonwealth
6 regulations while in transit or in maintenance facilities,
7 terminals or other public or private property to ascertain if
8 commodities or materials are being unloaded, stored or
9 transported in an illegal manner; to inspect contents; to
10 inspect and copy documents and otherwise to ensure compliance
11 with the law and Commonwealth regulations, except that only
12 State Police and qualified Commonwealth employees shall have the
13 authority to enforce any law or regulation pertaining to
14 drivers, including, but not limited to, minimum driver
15 qualifications, maximum hours of service and driver records, or
16 pertaining specifically to hazardous materials. If a seal is
17 opened for inspection, the inspecting officer or Commonwealth
18 employee shall reseal any vehicle, container or shipment prior
19 to further transportation.
20 (e) Limitation of authority of qualified Commonwealth
21 employees.--The authority granted to qualified Commonwealth
22 employees under this section shall be exercised only when the
23 employee is in uniform and shall apply only to motor carrier
24 vehicles, buses and all vehicles and combinations carrying
25 hazardous materials in an amount and type which require the
26 vehicle to be placarded under Chapter 83 (relating to hazardous
27 materials transportation) and to the drivers of all such
28 vehicles. Qualified Commonwealth employees shall be regarded as
29 police officers for the purpose of instituting criminal
30 proceedings by citation under Chapter 50 of the Pennsylvania
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1 Rules of Criminal Procedure.
2 (f) Training of Commonwealth employees.--The department
3 shall establish a program to train and qualify Commonwealth
4 employees, including Pennsylvania State Police officers, to
5 inspect vehicles, equipment, documents, loads and drivers as
6 authorized under this section. After one year following the
7 effective date of this section, inspections under subsection
8 (a)(2) may be conducted only by personnel qualified under this
9 program. Until that time, such inspections may be conducted by
10 personnel designated by the department. A document executed by a
11 department official, or a photostatic copy thereof, indicating
12 that a person has been so qualified or designated shall be
13 competent and prima facie evidence of the qualification or
14 designation.
15 (g) Limitations.--Farm trucks not required to be registered,
16 implements of husbandry and special mobile equipment shall not
17 be subject to the systematic vehicle inspections authorized
18 under subsection (a).
19 (h) Penalties.--A person who operates or causes or permits
20 another person to operate a motor carrier vehicle or bus in
21 violation of subsection (c.1) or (c.2) commits a summary offense
22 and, upon conviction, shall be sentenced to pay:
23 (1) A fine of $1,000 for each violation of subsection
24 (c.1)(1) through (5).
25 (2) A fine of $300 for a violation of subsection
26 (c.1)(6).
27 (3) A fine of $500 for a violation of subsection (c.2).
28 § 4981. Weighing and measurement of vehicles.
29 (a) Authority of police officers and qualified department
30 employees.--Any police officer or qualified department employee
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1 is authorized to require the driver of any vehicle or
2 combination to stop and submit the vehicle or combination to be
3 measured and weighed. Weighing may be done by using either
4 portable or stationary scales, provided that when portable
5 scales more than one inch in height are used, sufficient ramp
6 blocks shall be made available to allow the vehicle or
7 combination to mount the scales safely. The weighing shall be
8 conducted by qualified personnel who have been trained in the
9 use of weighing equipment in a training program approved by the
10 Department of Agriculture. The personnel performing the weighing
11 on all highways and interstates in this Commonwealth shall
12 inform the drivers of the vehicle of the right to readjust or
13 rearrange the load under section 4982(c) (relating to reducing
14 or readjusting loads of vehicles). The driver or owner, if
15 present, of any vehicle or combination may, at the time of
16 weighing, witness in an orderly fashion the weighing procedure.
17 If the driver wishes to witness the procedure from outside the
18 cab of the vehicle, he shall be required to turn off the engine,
19 put the transmission in gear and set the emergency brake before
20 leaving the cab. A police officer or qualified department
21 employee may require that a vehicle or combination be driven to
22 the nearest available portable or stationary scales if the
23 scales are within two miles. For the purpose of enforcing this
24 chapter, qualified department employees shall be authorized to
25 institute criminal proceedings pursuant to the Pennsylvania
26 Rules of Criminal Procedure.
27 (b) Scales on freeways.--The Department of Transportation,
28 in cooperation with the Pennsylvania State Police, shall operate
29 on freeways at points which it deems necessary scales and other
30 equipment for detecting violations of the size and weight
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1 limitations prescribed by this chapter. The department may also
2 contract with persons or local authorities to use their scales.
3 (c) Tolerance when weighing axles.--A 3% tolerance per axle
4 shall be permitted when a vehicle is weighed on stationary or
5 portable scales. This tolerance shall not apply on any
6 interstate highway to vehicles weighed on stationary scales.
7 (d) Reweighing at request of driver or owner.--Whenever
8 scales operated by other than the department indicate that a
9 vehicle, wheel, axle or pair of axles is overweight, the driver
10 or owner may elect to have the vehicle reweighed on the nearest
11 available scales which have been certified by the Department of
12 Agriculture. The lower reading of the two scales shall determine
13 whether charges shall be filed under this section.
14 (e) [Calibration] Certification and accuracy of portable
15 scales.--Portable scales shall be [calibrated] checked every 30
16 days for the purpose of certification [and] of accuracy by the
17 Department of [Agriculture.] General Services. A certificate
18 from the Department of General Services showing that portable
19 scales were checked and found to be accurate and the date the
20 portable scales were certified shall be competent and prima
21 facie evidence of those facts in every proceeding in which a
22 violation of this chapter is charged. The weight of a vehicle or
23 combination, determined by using portable scales so certified,
24 shall not be contradicted except by clear and convincing
25 evidence.
26 (f) Certification of qualified personnel.--The competency of
27 a witness to testify concerning the weighing of a vehicle may be
28 established by a certificate from an agency of the Commonwealth,
29 showing that the person was trained in the use of weighing
30 equipment in a training program approved by a Commonwealth
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1 agency. This certification shall be admissible as competent and
2 prima facie evidence that the person is qualified and trained in
3 the use of weighing equipment in such a training program.
4 § 6309. Impoundment of vehicles for nonpayment of fines.
5 (a) General rule.--Upon [imposition of] issuance of a
6 citation to or arrest of a person for a violation punishable by
7 a fine in excess of $250 [imposed] pursuant to section 1301
8 (relating to registration and certificate of title required),
9 1371 (relating to operation following suspension of
10 registration), 4107(b) (relating to unlawful activities) or
11 Chapter 49 (relating to size, weight and load), the [defendant
12 shall be allowed 24 hours to obtain the funds and pay the fine
13 and costs of prosecution, during which time the vehicle or
14 combination shall be rendered temporarily inoperative by such
15 police officer or constable as the issuing authority shall
16 designate. On default of payment within the 24-hour period, the
17 issuing authority] police officer or qualified department
18 employee may impound the vehicle or combination [and order a
19 police officer or constable to seize it.
20 (b) Storage.--Upon impoundment, the issuing authority shall
21 forthwith notify the sheriff of the county in which the
22 violation occurred, who shall store the impounded vehicle or
23 combination.] until the matter is disposed of or until a bond is
24 posted in the full amount of the fine and costs.
25 (c) Notice of impoundment.--The [sheriff] police, or the
26 department, as the case may be, shall give immediate notice by
27 the most expeditious means and by certified mail, return receipt
28 requested, of the impoundment and location of the vehicle or
29 combination to the owner of the vehicle or combination and the
30 owner of the load if the names and addresses of the owner are
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1 known or can be ascertained [by the sheriff].
2 (d) Cost.--The [police officer's, constable's and sheriff's
3 costs] costs incurred by the police or the department,
4 reasonable storage costs and all other reasonable costs incident
5 to seizure and impounding under subsections (a) and (b) shall be
6 recoverable in addition to costs of prosecution.
7 (e) Applicability.--This section shall not apply in the case
8 of a vehicle duly registered in this Commonwealth.
9 § 6310. Disposition of impounded vehicles and loads.
10 (a) Rights of owner of load.--The title to the load on an
11 impounded vehicle or combination remains in the owner who may
12 repossess the load at any time upon presentation of proof of
13 ownership to the sheriff. If the load spoils or otherwise loses
14 its value during impoundment, the loss shall be on the owner
15 subject to any right of recovery of damages that the owner may
16 have against the owner of the vehicle or combination or against
17 any other party, and the costs of disposition of the load shall
18 be recoverable in addition to the costs of prosecution.
19 (b) Sale of unclaimed vehicle or load.--In case any
20 impounded vehicle or combination is unredeemed, or the load is
21 unclaimed, for a period of 60 days after notice of impoundment
22 is given, it shall be sold at a public sale by the sheriff upon
23 order of the issuing authority and after ten days' notice of
24 sale to the owners, lienholders or secured parties of the
25 vehicle or load except that[, if] loads which the sheriff
26 determines [it to be necessary to preserve their value, goods
27 which may spoil may be sold] have little or no value or will
28 spoil or otherwise require prompt action to preserve their value
29 may be disposed of in any commercially reasonable manner prior
30 to expiration of the 60-day period and, if impractical to do so,
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1 without giving notice to the owners, lienholders or secured
2 parties.
3 (c) Disposition of proceeds of sale.--The proceeds of sale
4 shall first be applied to the payment of the [fine and] costs
5 [and], secondly, to the payment of the fine, and, thirdly, to
6 payment of any encumbrances. The balance shall be remitted to
7 the owner. If the costs exceed the proceeds of sale, the owner
8 of the vehicle and load shall be jointly liable for the costs.
9 (d) Other provisions of law not superseded.--This section is
10 not intended to supersede the requirements of Chapter 83
11 (relating to hazardous materials transportation) or the act of
12 July 7, 1980 (P.L.380, No.97), known as the Solid Waste
13 Management Act.
14 § 7310. Removal of vehicles and spilled cargo from roadway.
15 (a) General rule.--Police officers may remove or direct
16 removal of vehicles which have been placed out of service,
17 whether because of the condition of the vehicle or driver, and
18 abandoned or wrecked vehicles and spilled cargo from any
19 [roadway] highway to the nearest [point off the roadway] place
20 where the vehicle or spilled cargo will not interfere with or
21 obstruct traffic. Immediately following an accident, the wrecked
22 vehicle or spilled cargo shall be removed or directed to be
23 removed from the roadway by a police officer if the owner or
24 operator cannot remove the wrecked vehicle or refuses or fails
25 to have the vehicle removed within a reasonable time.
26 (b) Storage of cargo.--When, in the opinion of a police
27 officer, it is deemed necessary for the protection of the
28 contents or load of a vehicle which has been placed out of
29 service, a wrecked vehicle or spilled cargo from the elements,
30 spoilage or theft, the police officer may remove or direct to be
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1 removed and have stored at the expense of the owner the contents
2 or load or spilled cargo at the nearest practical place of
3 storage.
4 (c) Liability for damage or loss.--In carrying out the
5 provisions of this section, no liability shall attach to the
6 police officer or, absent a showing of gross negligence, to any
7 person acting under the direction of the police officer for
8 damage to a vehicle or damage to or loss of any portion of the
9 contents or load or spilled cargo.
10 Section 5. The definition of "motor vehicle" in section 9602
11 of Title 75 is amended to read:
12 § 9602. Definitions.
13 The following words and phrases when used in this chapter
14 shall have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 * * *
17 "Motor vehicle." A motor carrier vehicle having a gross
18 weight or registered gross weight in excess of 17,000 pounds.
19 * * *
20 Section 6. This act shall take effect in 60 days.
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