2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 33 - Rules of the Road in General
3352 - Removal of vehicle by or at direction of police.

     § 3352.  Removal of vehicle by or at direction of police.
        (a)  Outside business and residence districts.--Whenever any
     police officer finds a vehicle in violation of any of the
     provisions of section 3351 (relating to stopping, standing and
     parking outside business and residence districts), the officer
     may move the vehicle, or cause the vehicle to be moved, or
     require the driver or other person in charge of the vehicle to
     move the vehicle, to a position off the roadway where the
     vehicle will not interfere unduly with the normal movement of
     traffic or constitute a safety hazard.
        (b)  Unattended vehicle obstructing traffic.--Any police
     officer may remove or cause to be removed to a place of safety
     any unattended vehicle illegally left standing upon any highway,
     bridge, causeway or in any tunnel, in such position or under
     such circumstances as to interfere unduly with the normal
     movement of traffic or constitute a safety hazard.
        (c)  Removal to garage or place of safety.--Any police
     officer may remove or cause to be removed to the place of
     business of the operator of a wrecker or to a nearby garage or
     other place of safety any vehicle found upon a highway under any
     of the following circumstances:
            (1)  Report has been made that the vehicle has been
        stolen or taken without the consent of its owner.
            (2)  The person or persons in charge of the vehicle are
        physically unable to provide for the custody or removal of
        the vehicle.
            (3)  The person driving or in control of the vehicle is
        arrested for an alleged offense for which the officer is
        required by law to take the person arrested before an issuing
        authority without unnecessary delay.
            (4)  The vehicle is in violation of section 3353
        (relating to prohibitions in specified places) except for
        overtime parking.
            (5)  The vehicle has been abandoned as defined in this
        title. The officer shall comply with the provisions of
        Chapter 73 (relating to abandoned vehicles and cargos).
        (d)  Notice to owner prior to removal.--
            (1)  Prior to removal of an abandoned vehicle bearing a
        registration plate, current certificate of inspection or
        vehicle identification number plate by which the last
        registered owner of the vehicle can be determined, the police
        department shall send a notice by certified mail to the last
        registered owner of the vehicle informing the owner that
        unless the vehicle is moved to a suitable location within
        seven days of the date notice is mailed, the vehicle will be
        removed under this section and held at a suitable facility
        where it may be reclaimed by the owner in accordance with the
        provisions of section 7306 (relating to payment of costs upon
        reclaiming vehicle). If the abandoned motor vehicle does not
        bear an identifiable registration plate, current certificate
        of inspection or vehicle identification number plate, the
        notice may be secured to the vehicle.
            (2)  If, within the seven-day period, the owner so
        requests, the owner shall be given an opportunity to explain
        to the police officer or department why the owner believes
        the vehicle should not be removed. If the police officer or
        department determines that the vehicle shall, nonetheless, be
        removed, the owner shall be given an additional 48 hours to
        remove the vehicle, have it removed or demand a hearing,
        which shall conform to the requirements of 2 Pa.C.S. Ch. 5
        Subch. B (relating to practice and procedure of local
        agencies). The police officer or department shall inform the
        owner of the right to a hearing by delivering to the owner a
        notice warning the owner that, unless the vehicle is removed
        or a hearing is demanded, the owner shall be subject to the
        provisions of section 7306. If, as a result of the hearing,
        it is determined that the vehicle will be removed, the owner
        shall be given an additional 48 hours to remove the vehicle
        or have it removed. The hearing shall be before a civilian
        officer or employee of the municipality in which the vehicle
        is located.
            (3)  The provision for notice set forth in this
        subsection is applicable only if the vehicle is abandoned
        upon a highway and is not in violation of subsection (b) or
        section 3351(a) or 3353. Notice under this subsection is in
        addition to any other notice requirements provided in Chapter
        73.
            (4)  This subsection does not apply to nonrepairable
        vehicles.
     (Apr. 3, 1984, P.L.181, No.33, eff. 60 days; Dec. 9, 2002,
     P.L.1278, No.152, eff. 60 days)

        2002 Amendment.  Act 152 amended subsecs. (c) and (d).