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.