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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ALLOWAY, SOLOBAY AND FERLO, SEPTEMBER 4, 2012 |
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| REFERRED TO TRANSPORTATION, SEPTEMBER 4, 2012 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, in financial responsibility, further providing for |
3 | required financial responsibility. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 1786 of Title 75 of the Pennsylvania |
7 | Consolidated Statutes is amended by adding a subsection to read: |
8 | § 1786. Required financial responsibility. |
9 | * * * |
10 | (i) Removal of registered motor vehicle at time of violation |
11 | for failure to produce financial responsibility.-- |
12 | (1) A police officer may remove, tow and impound or |
13 | cause to be removed, towed and impounded a motor vehicle to a |
14 | place designated by the applicable chief law enforcement |
15 | officer, if the owner of the motor vehicle is stopped for an |
16 | alleged violation of this title, except for a parking |
17 | violation, and the owner fails to produce proof, upon request |
18 | of the police officer, that the motor vehicle registered has |
19 | the financial responsibility required by this chapter. |
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1 | (2) A motor vehicle removed, towed and impounded under |
2 | this subsection shall be stored at a place designated by the |
3 | applicable chief law enforcement officer until application |
4 | for redemption is made by the owner or the owner's authorized |
5 | agent, who shall be entitled to possession of the motor |
6 | vehicle upon: |
7 | (i) production of proof that the motor vehicle has |
8 | the financial responsibility required by this chapter; |
9 | and |
10 | (ii) pays the costs of towing and impoundment. |
11 | (3) The law enforcement agency that tows and impounds a |
12 | motor vehicle shall charge to the owner of the motor vehicle: |
13 | (i) A towing fee in an amount that does not exceed |
14 | the actual expense of performing the tow. |
15 | (ii) An impoundment fee of $20 for each day or |
16 | portion of a day that the motor vehicle is impounded, |
17 | except that impoundment fee may not be charged for more |
18 | than one day if the motor vehicle remains at the |
19 | impoundment location for less than 12 hours. |
20 | (iii) A fine in the amount of $350, which fine shall |
21 | be in addition to the fine authorized under subsection |
22 | (f). |
23 | (4) The law enforcement agency that tows and impounds a |
24 | motor vehicle under this subsection shall, within 24 hours of |
25 | impounding the motor vehicle, submit written notice to the |
26 | owner of the motor vehicle that the motor vehicle has been |
27 | towed and impounded, the location where the motor vehicle is |
28 | placed, the fees for the tow and impoundment and the |
29 | procedure for applying for redemption of the motor vehicle. |
30 | (5) An impoundment fee on a stolen motor vehicle shall |
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1 | be charged as provided in this subsection beginning on the |
2 | second day following the date the notice required by this |
3 | subsection is received by the owner of the motor vehicle or |
4 | the owner's authorized agent. |
5 | (6) An impoundment fee may not be charged and collected |
6 | when a motor vehicle is not involved in an accident, but is |
7 | taken into protective custody because the operator of the |
8 | motor vehicle is incapacitated due to physical injury or |
9 | other illness to the extent that the operator is unable to |
10 | safely operate the motor vehicle. |
11 | (7) A chief law enforcement officer may release a motor |
12 | vehicle from impoundment without payment of a towing fee or |
13 | impoundment fee under any of the following circumstances: |
14 | (i) the motor vehicle was taken into protective |
15 | custody as a result of an incident that did not involve |
16 | an arrest, violation of this title or accident; |
17 | (ii) owner of the motor vehicle is not a citizen of |
18 | the United States, does not permanently reside in the |
19 | United States and is entitled to diplomatic immunity; |
20 | (iii) subsequent investigation results in a |
21 | determination that there was no violation of this title |
22 | or that the arrested individual did not commit a criminal |
23 | offense; or |
24 | (iv) the owner of the motor vehicle is a victim of a |
25 | violent crime and the motor vehicle was taken into |
26 | custody for evidentiary purposes. |
27 | Section 2. This act shall take effect in 60 days. |
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