7105 - Seizure of vehicles with removed or falsified numbers.
§ 7105. Seizure of vehicles with removed or falsified numbers. (a) Duty of police.--Every police officer having knowledge of a vehicle on which the vehicle identification number has been removed or falsified shall immediately seize and take possession of the vehicle and arrest or file a complaint for the arrest of the suspected owner or custodian. In all actions involving seizure or possession of such vehicles, vehicle identification information shall be transmitted to the Federal or other agencies involved in recovery of stolen vehicles. (b) Proceedings if owner known.--The court, upon petition of the owner or of the person entitled to possession of a seized vehicle, may relinquish custody of the vehicle to the person legally entitled to the vehicle. Any vehicle in the possession or custody of a police officer shall not be released to the owner or person legally entitled to possession of a seized vehicle pursuant to this section until such time as a replacement vehicle identification number plate has been obtained. Proof of the replacement vehicle identification number must be exhibited to the police officer at the time of release, together with the court order relinquishing custody. The provisions with regard to the securance of a replacement vehicle identification number shall not apply when the vehicle is titled in a foreign state and will be removed from this State immediately upon release. If the foreign vehicle will not be removed immediately, the exception does not apply and a replacement vehicle identification number must be obtained. Except as otherwise provided in this section, the court shall retain in custody the seized vehicle pending prosecution of the person arrested. In case the person is found guilty, the vehicle shall remain in the custody of the court until the fine and costs of prosecution are paid, except that if 90 days have elapsed after the verdict has been rendered and the fine and costs have not been paid, the court shall proceed to advertise and sell the vehicle in the manner provided by law for the sale of personal property under execution. The proceeds from the sale shall be used to pay the fine and costs of prosecution and the balance, if any, shall be forwarded to the department to be transmitted to the State Treasurer for deposit in the Motor License Fund. (c) Proceedings if owner unknown.--If ownership of the vehicle is not established to the satisfaction of the court, the vehicle shall be confiscated by the court and sold immediately, and the proceeds shall be used to pay the costs of proceedings and the balance, if any, shall be forwarded to the department to be transmitted to the State Treasurer for deposit in the Motor License Fund. (Feb. 14, 1990, P.L.56, No.8, eff. 60 days)