75 Pa. C. S. § 3352. Removal of vehicle by or at direction ofpolice. PA TicketInformation-Title75PAStatutes

TITLE 75 - PENNSYLVANIA TRAFFIC TICKET &
SPEEDING RESOURCES - VEHICLE CODE STATUTES

75 Pa. C. S. § 3352. Removal of vehicle by or at direction of police

Find a lawyer here! or Post your Case!

Zip Code :

75 Pa. C. S. § 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.

Full text statute provided. Reading the law does not substitute for professional legal advice, and PATICKET.COM does not provide legal advice or help. You should consider hiring or consulting with an attorney. Further, all statutes are interpreted by case law which is not included here, and which may or may not change the plain language of the vehicle code statute in question, and or effect the various burdens, presumptions, defenses, and prosecution theories applicable to the statute in any given setting or hearing. Traffic Court is a serious matter, and a conviction for a violation can result in fines, costs, insurance premium increases, license suspension, and even jail time.

Case Post - post your legal problem, and then lawyers contact you!! This no cost service is an excellent way to see if you have a case, and to get multiple quotes. - FREE to TRY!