2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 37 - Miscellaneous Provisions
3745.1 - Accident scene clearance.

     § 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 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)

        2004 Amendment.  Act 237 added section 3745.1.