Bill Text: PA SB1112 | 2011-2012 | Regular Session | Introduced

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Bill Title: In financial responsibility, further providing for required financial responsibility.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2012-09-04 - Referred to TRANSPORTATION [SB1112 Detail]

Download: Pennsylvania-2011-SB1112-Introduced.html

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PRINTER'S NO. 2370
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1112 Session of2012
INTRODUCED BY ALLOWAY, SOLOBAY AND FERLO, SEPTEMBER 4, 2012
REFERRED TO TRANSPORTATION, SEPTEMBER 4, 2012
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in financial responsibility, further providing for
required financial responsibility.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1786 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 1786. Required financial responsibility.
* * *
(i) Removal of registered motor vehicle at time of violation
for failure to produce financial responsibility.--
(1) A police officer may remove, tow and impound or
cause to be removed, towed and impounded a motor vehicle to a
place designated by the applicable chief law enforcement
officer, if the owner of the motor vehicle is stopped for an
alleged violation of this title, except for a parking
violation, and the owner fails to produce proof, upon request
of the police officer, that the motor vehicle registered has
the financial responsibility required by this chapter.
(2) A motor vehicle removed, towed and impounded under
this subsection shall be stored at a place designated by the
applicable chief law enforcement officer until application
for redemption is made by the owner or the owner's authorized
agent, who shall be entitled to possession of the motor
vehicle upon:
(i) production of proof that the motor vehicle has
the financial responsibility required by this chapter;
and
(ii) pays the costs of towing and impoundment.
(3) The law enforcement agency that tows and impounds a
motor vehicle shall charge to the owner of the motor vehicle:
(i) A towing fee in an amount that does not exceed
the actual expense of performing the tow.
(ii) An impoundment fee of $20 for each day or
portion of a day that the motor vehicle is impounded,
except that impoundment fee may not be charged for more
than one day if the motor vehicle remains at the
impoundment location for less than 12 hours.
(iii) A fine in the amount of $350, which fine shall
be in addition to the fine authorized under subsection
(f).
(4) The law enforcement agency that tows and impounds a
motor vehicle under this subsection shall, within 24 hours of
impounding the motor vehicle, submit written notice to the
owner of the motor vehicle that the motor vehicle has been
towed and impounded, the location where the motor vehicle is
placed, the fees for the tow and impoundment and the
procedure for applying for redemption of the motor vehicle.
(5) An impoundment fee on a stolen motor vehicle shall
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be charged as provided in this subsection beginning on the
second day following the date the notice required by this
subsection is received by the owner of the motor vehicle or
the owner's authorized agent.
(6) An impoundment fee may not be charged and collected
when a motor vehicle is not involved in an accident, but is
taken into protective custody because the operator of the
motor vehicle is incapacitated due to physical injury or
other illness to the extent that the operator is unable to
safely operate the motor vehicle.
(7) A chief law enforcement officer may release a motor
vehicle from impoundment without payment of a towing fee or
impoundment fee under any of the following circumstances:
(i) the motor vehicle was taken into protective
custody as a result of an incident that did not involve
an arrest, violation of this title or accident;
(ii) owner of the motor vehicle is not a citizen of
the United States, does not permanently reside in the
United States and is entitled to diplomatic immunity;
(iii) subsequent investigation results in a
determination that there was no violation of this title
or that the arrested individual did not commit a criminal
offense; or
(iv) the owner of the motor vehicle is a victim of a
violent crime and the motor vehicle was taken into
custody for evidentiary purposes.
Section 2. This act shall take effect in 60 days.
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