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).