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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 72 - Alternative Fuels (Repealed) › Section 7201 - § 7205 - (Repealed)

2004 Repeal.
Chapter 72 (§§ 7201 - 7205) was added December 16, 1992, P.L.1250, No.166, and repealed November 29, 2004, P.L.1376, No.178, effective immediately. The subject matter is now contained in the act of November 29, 2004 (P.L.1376, No.178), known as the Alternative Fuels Incentive Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Extra - Chapter Notes

Enactment.
Unless otherwise noted, Chapter 73 was added June 17, 1976, P.L.162, No.81, effective
            July 1, 1977.
Cross References.
Chapter 73 is referred to in sections 3352, 3712, 3712.2 of this title.
Enactment.
Subchapter B was added July 7, 2006, P.L.365, No.79, effective in 120 days.
Cross References.
Subchapter B is referred to in section 5331 of Title 30 (Fish).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7301 - Authorization of salvors

§ 7301. Authorization of salvors.
(a) General rule.--
The department shall authorize and shall issue a certificate of authorization to every salvor that complies with the requirements of this chapter and regulations adopted by the department and is a currently registered vehicle salvage dealer as defined in section 1337(c)(2) (relating to use of "Miscellaneous Motor Vehicle Business" registration plates).
(a.1) Repair or towing business.--
The department may authorize and issue a certificate of authorization to a currently registered repair or towing business under section 1337(c)(1) if there is no qualified vehicle salvage dealer in a county.
(b) Unauthorized operation prohibited.--
No person shall operate as a salvor unless authorized.
(c) Duty of salvor.--
(Deleted by amendment).
(d) Storage facility.--
(Deleted by amendment).
(July 11, 1996, P.L.660, No.115, eff. imd.; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7302 - Certificate of authorization

§ 7302. Certificate of authorization.
(a) Application and issuance.--
Application for a certificate of authorization shall be made on a form prescribed by the department. The department shall investigate the qualifications and fitness of the applicant and shall issue a certificate of authorization if it determines that the applicant is capable of performing the duties of a salvor in a manner consistent with the public interest.
(b) Place of business.--
Every applicant shall have and maintain an established place of business. If the applicant has or intends to have one or more places of business or branch offices, the application shall contain complete information for each location.
(c) Bonding required.--
Before issuing a certificate of authorization, the department shall require the applicant to furnish and maintain a bond indemnifying the public and the department in the amount of $10,000. An individual bond for each place of business is not required, but all places of business shall be covered by the bond.
(d) Duration and renewal.--
Certificates of authorization shall be issued for a period of one year and shall be subject to annual renewal, including a review of the salvor's status as a vehicle salvage dealer under section 1337(c)(2) (relating to use of "Miscellaneous Motor Vehicle Business" registration plates).
(e) Storage facility.--
A salvor shall rent or own a storage facility which shall comply with the act of July 28, 1966 (3rd Sp.Sess., P.L.91, No.4), referred to as the Junkyard and Automotive Recycler Screening Law, where applicable and with regulations promulgated by the department.
(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7303 - Suspension of authorization

§ 7303. Suspension of authorization.
(a) General rule.--
The department shall supervise salvors and, after providing an opportunity for a hearing, shall suspend the authorization of any salvor which the department finds is not properly operated or which has violated or failed to comply with any of the provisions of this chapter or regulations adopted by the department. A suspended certificate of authorization shall be returned to the department immediately except an appeal from suspension as provided in subsection (b) shall operate as a supersedeas of any suspension by the department.
(b) Judicial review.--
Any person whose certificate of authorization has been denied or suspended under this chapter shall have the right to appeal to the court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure). The court shall set the matter for hearing upon 30 days' written notice to the department and take testimony and examine into the facts of the case and determine whether the petitioner is entitled to a certificate of authorization or is subject to suspension of the certificate of authorization under the provisions of this chapter.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment.
Act 53 amended subsec. (b).
Cross References.
Section 7303 is referred to in section 933 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7303.1 - Duty of police and salvors

§ 7303.1. Duty of police and salvors.
(a) Duty of police and authorized personnel.--
Police officers or personnel designated by ordinance of a municipality shall process all vehicles presumed to be abandoned. They shall complete an abandoned vehicle information report on a form prescribed by the department on each vehicle declared abandoned. The report shall include the make, model, vehicle identification number, registration plate number, name and address of the owner or person who abandoned the vehicle, if known, and any other information the department may require. The report shall also indicate the vehicle's status as a vehicle with value, a salvage vehicle or a nonrepairable vehicle. The report shall include the name, signature and badge number of the police officer and the name of the respective police department. The report shall serve as an authorized written request for a licensed salvor to remove, possess and further process the abandoned vehicle.
(b) Duty of salvors.--
Upon receipt of the written abandoned vehicle information report from any authorized person described in subsection (a), a salvor shall take possession of and remove to the storage facility of the salvor any abandoned vehicle located within 30 miles of the place of business of the salvor. The salvor shall also indicate on the abandoned vehicle information report the vehicle's status as a vehicle with value, a salvage vehicle or a nonrepairable vehicle.
(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)
2002 Amendment.
Act 152 added section 7303.1.
Cross References.
Section 7303.1 is referred to in section 7304 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7304 - Reports to department of possession of abandoned vehicles

§ 7304. Reports to department of possession of abandoned vehicles.
Any salvor taking possession of an abandoned vehicle pursuant to section 7303.1 (relating to duty of police and salvors) shall within 48 hours after taking possession send an abandoned vehicle information report to the department. If the report indicates the vehicle is a salvage vehicle, the salvor shall include a photograph of the vehicle to be prepared in a manner prescribed by the department. Any nonrepairable vehicle which does not display an identifiable registration plate, current certificate of inspection and ascertainable vehicle identification number shall be taken into possession and flattened or crushed immediately. There is no requirement to notify the department.
(Apr. 16, 1992, P.L.169, No.31, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)
Cross References.
Section 7304 is referred to in section 7309 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7304.1 - Reports and removal of abandoned vehicles within the boundaries of a city of the first class or second class

§ 7304.1. Reports and removal of abandoned vehicles within the boundaries of a city of the first class or second class.
(a) General rule.--
Any and all vehicles reported abandoned to the police department and/or the appropriate designated municipal agency or department that handles the abandoned vehicle and cargo process shall be investigated within five business days to determine if the reported vehicle is abandoned as defined in section 102 (relating to definitions). Upon the completion of the investigation, any and all reported vehicles that satisfy the requirements of the definition of "abandoned vehicle" shall be officially declared abandoned and removed within ten business days by the police department or by an authorized salvor pursuant to police or municipality directions. Proper notification of the removal of the vehicle shall be sent pursuant to section 7305 (relating to notice to owner and lienholders of abandoned vehicles).
(b) Certain vehicles.--
Any and all vehicles found to be abandoned vehicles pursuant to subsection (a) and found to have a vehicle registration and an inspection sticker, both of which are expired for a period exceeding 90 days, shall be removed immediately by the police department or by an authorized salvor pursuant to police or municipality directions. Proper notification of the removal of the vehicle shall be sent pursuant to section 7305.
(c) Applicability.--
This section shall apply only to vehicles reported abandoned within the boundaries of a city of the first class or a city of the second class.
(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; July 16, 2007, P.L.106, No.33, eff. 60 days)
2007 Amendment.
Act 33 amended the section heading and added subsec. (c).
1998 Amendment.
Act 151 added section 7304.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7305 - Notice to owner and lienholders of abandoned vehicles

§ 7305. Notice to owner and lienholders of abandoned vehicles.
(a) General rule.--
The department upon receipt of an abandoned vehicle information report shall notify by certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle is being held as abandoned.
(b) Contents of notice.--
The notice shall:
(1) Describe the make, model, title number, vehicle identification number and registration plate number of the abandoned vehicle, if known.
(1.1) State the location of the police department that processed the vehicle.
(2) State the location where the vehicle is being held.
(3) Inform the owner and any lienholders of their right to reclaim the vehicle and its contents within 30 days after the date the notice was mailed at the place where the vehicle is being held by the salvor, upon payment of all towing, storage charges, the fee authorized in section 7306 (relating to payment of costs upon reclaiming vehicle) and penalties under section 3712(d)(1) (relating to abandonment and stripping of vehicles).
(4) State that the failure of the owner or lienholder to reclaim the vehicle and its contents is deemed consent by the owner to the destruction, sale or other disposition of the abandoned vehicle and its contents and of all lienholders to dissolution of their liens.
(5) Inform the owner and any lienholders of their right, within 30 days of the mailing date of the notice, to request from the appropriate police department a copy of the abandoned vehicle information report and of their right to a hearing conforming to the requirements of 2 Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure of local agencies). The hearing shall be before a civilian officer or employee of the municipality in which the vehicle was reported as abandoned. If as a result of the hearing it is determined that the vehicle was not abandoned, the owner or lienholder may retrieve the vehicle within 48 hours without payment of any of the fees and penalties under paragraph (3).
(c) Notice by publication.--
If the identity of the last registered owner and of all lienholders cannot be determined with reasonable certainty, the contents of the notice set forth in subsection (b) shall be published one time in one newspaper of general circulation in the area where the vehicle was abandoned. The notice may contain multiple listings of abandoned vehicles. Notice by publication locally shall be the responsibility of the salvor. The notice shall have the same effect as notice sent by certified mail.
(Apr. 16, 1992, P.L.169, No.31, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)
Cross References.
Section 7305 is referred to in section 7304.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7306 - Payment of costs upon reclaiming vehicle

§ 7306. Payment of costs upon reclaiming vehicle.
In the event the owner or lienholder of an abandoned vehicle reclaims the vehicle, the reclaiming party shall pay the costs for towing and storage from the date the salvor submitted the abandoned vehicle report to the department, plus a fee of $50 of which $25 shall be transmitted to the department by the salvor.
(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)
Cross References.
Section 7306 is referred to in sections 3352, 7305, 7308 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7307 - Authorization for disposal of unclaimed vehicles

§ 7307. Authorization for disposal of unclaimed vehicles.
The department shall, after the expiration of 30 days from the date of notice sent by certified mail to the registered owner and all lienholders of record or 30 days after publication of notice, where applicable, and upon receipt of a written statement from the holder of the vehicle that the abandoned vehicle has not been reclaimed by the owner or lienholder within the 30-day period, authorize the disposal of the abandoned vehicle in accordance with the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7308 - Public sale of unclaimed vehicles with value

§ 7308. Public sale of unclaimed vehicles with value.
(a) General rule.--
If an abandoned vehicle having value has not been reclaimed as provided in this chapter, the vehicle shall be sold at a public auction.
(b) Title of purchaser.--
The salvor shall give the purchaser a sales receipt and shall apply to the department for an abandoned branded title which shall be free and clear of all previous liens and claims of ownership.
(c) Disposition of proceeds.--
From the proceeds of the sale of the abandoned vehicle, the salvor shall be reimbursed for the fee authorized in section 7306 (relating to payment of costs upon reclaiming vehicle) and the costs of towing, storage from the date the salvor submitted the abandoned vehicle report to the department, notice and publication costs and the expenses of auction. The remainder of the proceeds of a sale shall be paid to the department and transmitted to the State Treasurer for deposit in the Motor License Fund.
(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7309 - Processing of nonrepairable or salvage vehicles

§ 7309. Processing of nonrepairable or salvage vehicles.
(a) Application for certificate of salvage.--
If an abandoned vehicle is a salvage or nonrepairable vehicle as deemed by a police officer and salvor, the salvor and the police officer shall note that fact in the report to the department required in section 7304 (relating to reports to department of possession of abandoned vehicles) and shall apply for issuance of a certificate of salvage or nonrepairable vehicle as provided for in Subchapter D of Chapter 11 (relating to salvage vehicles, theft vehicles, reconstructed vehicles and flood vehicles).
(b) Notice and issuance of certificate.--
If the identity of the last registered owner cannot be determined with reasonable certainty and it is impossible to determine with reasonable certainty the identity and addresses of any lienholder, no notice shall be required. Under such circumstances, the department shall upon receipt of the report by the salvor pursuant to section 7304 issue a certificate of salvage as provided in Subchapter D of Chapter 11.
(c) Reimbursement of expenses of salvor.--
Within 60 days of the department's receipt of evidence that a salvor has removed an abandoned vehicle upon the request of a police department, the department shall pay to the salvor from the Motor License Fund the sum of $15 for the expenses incurred in the removal and towing of the abandoned vehicle. No portion of the $15 payment or any separate consideration shall be reimbursed or paid to any government agency or municipality by the salvor.
(d) Rights of owners and lienholders.--
Issuance by the department of a certificate of salvage, abandoned branded certificate of title or nonrepairable vehicle certificate for a vehicle processed under this section shall operate as a divestiture of all right, title and interest in the vehicle of the owner and all lienholders and any interest in the contents in the vehicle which have not been claimed by the owner.
(e) Police officers and authorized personnel.--
Police officers, authorized personnel, their departments or any government agency or municipality shall not assess or accept payment, consideration of any kind or portions of fees outlined in this chapter from any salvor or person for the processing of abandoned vehicles.
(Apr. 16, 1992, P.L.169, No.31, eff. 60 days; Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7310 - Removal of abandoned or presumed abandoned vehicles from roadway

§ 7310. Removal of abandoned or presumed abandoned vehicles from roadway.
(a) General rule.--
Police officers may immediately remove or direct removal of any vehicle abandoned or presumed to be abandoned from any roadway, including the roadway's berm or shoulder, to the nearest point off the roadway where the vehicle will not interfere with or obstruct traffic.
(b) Storage of cargo.--
(Deleted by amendment).
(c) Liability for damage or loss.--
In carrying out the provisions of this section, 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 a presumed abandoned vehicle or damage to or loss of any portion of the contents of the vehicle.
(d) Removal from Pennsylvania Turnpike System.--
Notwithstanding the other provisions of this section, any vehicle on the Pennsylvania Turnpike System presumed to be abandoned as defined in section 102 (relating to definitions) shall immediately be removed by or at the direction of the Pennsylvania State Police to the contract garage providing service for that area. In all cases, the Pennsylvania State Police shall remove or direct the removal of any such vehicle within 24 hours of the time of the vehicle's presumption of abandonment.
(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; Dec. 8, 2004, P.L.1791, No.237, eff. 150 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7311 - Reports by garage keepers of abandoned vehicles

§ 7311. Reports by garage keepers of abandoned vehicles.
The person in charge of any garage or repair shop in which a vehicle of unknown ownership has been left for a period of 15 consecutive days or, in the case of repair or storage, 15 consecutive days following the completion of repairs or storage agreement without being removed by the owner or any other person duly authorized to remove the vehicle shall report to the department within 24 hours of the expiration of the 15-day period giving the make, vehicle identification number, registration plate number and the name and address of the person abandoning the vehicle if known. Upon receipt of the report the department shall make a distinctive record of the report and issue a private property abandoned vehicle information report under section 7311.1 (relating to reports by private property owners of abandoned vehicles) to the garage keeper to complete and file with the police.
(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7311.1 - Reports by private property owners of abandoned vehicles

§ 7311.1. Reports by private property owners of abandoned vehicles.
(a) Removal of abandoned vehicles.--
(1) A person on whose private property is located a vehicle which has remained on the property without the consent of the property owner or his agent for more than 24 hours may authorize the removal or processing of the vehicle.
(2) Prior to removal or processing of the vehicle, that person shall file a report, on a multipart form prescribed by the department, with the local police department declaring that an unauthorized vehicle has been left unattended and on private property for at least 24 hours. One part of such report shall be retained by that person, and the other part shall be filed with the police department.
(3) The police department shall, within five business days, process the vehicle as abandoned under this chapter and attach a copy of the report to the abandoned vehicle information report.
(b) Salvors.--
(1) An unauthorized vehicle that has been left unattended and on private property includes a vehicle towed to a salvor's property that has remained on the salvor's property for a period of 20 days.
(2) After the 20-day period, the salvor may file a report as provided under subsection (a). If the salvor elects to file a report, the salvor shall retain and process the vehicle for which the report has been filed.
(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; Nov. 4, 2016, P.L.1277, No.165, eff. imd.)
Cross References.
Section 7311.1 is referred to in section 7311 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7311.2 - Salvors to remove abandoned vehicles in good faith

§ 7311.2. Salvors to remove abandoned vehicles in good faith.
When requested to remove an abandoned vehicle, no salvor shall relocate and subsequently abandon the vehicle. The salvor shall move the vehicle to a facility for the purpose of storage of abandoned vehicles or another place as directed by the police or approved by the department.
(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)
2002 Amendment.
Act 152 added section 7311.2.
Cross References.
Section 7311.2 is referred to in section 7312 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7312 - Penalty for violation of chapter

§ 7312. Penalty for violation of chapter.
(a) Fines and imprisonment.--
Any person violating any of the provisions of this chapter is guilty of a summary offense, punishable:
(1) For a first offense, by a fine of $100.
(2) For a subsequent offense, by a fine of not less than $200 nor more than $500 or imprisonment for not more than 90 days, or both.
(a.1) Specific violation.--
In addition to any other criminal or civil penalties provided for in this title or in department regulations, any salvor who violates section 7311.2 (relating to salvors to remove abandoned vehicles in good faith) shall be fined not less than $1,000 nor more than $10,000, one-half to be paid to the department and the other one-half to be paid to the municipality where the vehicle was abandoned.
(b) Suspension.--
For violation of any of the provisions of this chapter, the salvor shall be subject to suspension of the privilege to receive abandoned vehicles under this chapter.
(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7321 - Scope of subchapter and legislative intent

§ 7321. Scope of subchapter and legislative intent.
(a) General rule.--
This subchapter covers forfeitures of watercraft trailers left in the possession of watercraft trailer dealers.
(b) Legislative intent.--
It is the intent of the General Assembly that this subchapter act in concert with 30 Pa.C.S. Ch. 53 Subch. C (relating to boat and marine forfeiture).
(c) Applicability.--
(1) The provisions of this subchapter shall only apply to a watercraft trailer with a resale value based upon established industry standards equal to or less than the maximum amount set forth in this subsection.
(2) The maximum amount for the year 2006 shall be $1,000. Thereafter, the maximum amount shall be fixed annually by the department based upon the maximum amount in the prior year as adjusted to reflect the change in the Consumer Price Index for All Urban Consumers (CPI-U) for the United States for all items as published by the United States Department of Labor, Bureau of Labor Statistics, for the previous 12-month period. The maximum amount as adjusted shall be rounded to the nearest multiple of $5.
(3) The department shall give notice of the new maximum amount by publication in the Pennsylvania Bulletin in the third publication in March of each year.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7322 - Definitions

§ 7322. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Customer."
A person who contracts for the services of a watercraft trailer dealer concerning a boat, related equipment or a watercraft trailer.
"Terminal date."
Either of the following:
(1) In the case of any repair, remanufacture, restoration, alteration, cleaning or storage, absent a written agreement to the contrary, the term means the date upon which a bill is mailed or otherwise provided to the customer for a completed repair, remanufacture, restoration, alteration, cleaning or storage for a boat, related equipment or watercraft trailer.
(2) In the case of consignment or brokerage, the term means the last date under the brokerage or consignment contract or agreement.
"Watercraft trailer."
A trailer designed or used to transport watercraft.
"Watercraft trailer dealer."
A person registered with the department as a watercraft trailer dealer in accordance with section 1337 (relating to use of "Miscellaneous Motor Vehicle Business" registration plates).
Cross References.
Section 7322 is referred to in section 5332 of Title 30 (Fish).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7323 - Liens

§ 7323. Liens.
A watercraft trailer dealer shall have a lien, dependent upon possession, on a watercraft trailer for the balance due the watercraft trailer dealer for any repair, remanufacture, restoration, alteration, storage, cleaning, consignment or brokerage of a boat, any related equipment or a watercraft trailer. The watercraft trailer dealer may retain possession of a watercraft trailer until the charges are paid.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7324 - Notification by watercraft trailer dealer

§ 7324. Notification by watercraft trailer dealer.
(a) General rule.--
If a customer does not claim possession of a watercraft trailer within 30 days of the terminal date, a watercraft trailer dealer may initiate the forfeiture procedure by sending written notice on the same day by certified mail, return receipt requested, to the department and the customer.
(b) Notice to the customer.--
Notice to the customer shall be mailed to the address designated in writing by the customer or, if not so designated, to the last known address of the customer. If a watercraft trailer dealer sends notice to the customer pursuant to 30 Pa.C.S. § 5334 (relating to notice for boats and related equipment), the watercraft trailer dealer may send the notice required by this section in the same mailing.
(c) Notice to the department.--
Notice to the department shall be made on a form approved by the department.
(d) Content of notice.--
The notice shall contain the following:
(1) The name and address of the watercraft trailer dealer.
(2) A description of the watercraft trailer, including any registration plate number and vehicle identification number.
(3) Notice that the watercraft trailer dealer intends to terminate the rights, title and interest of the owner and lienholder in the watercraft trailer by operation of law in accordance with this subchapter.
(4) The amount which must be paid to the watercraft trailer dealer to redeem the watercraft trailer as of the date of the notice.
(5) The telephone number of the watercraft trailer dealer.
Cross References.
Section 7324 is referred to in sections 7325, 7327 of this title; sections 5334, 5335 of Title 30 (Fish).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7325 - Responsibility of department

§ 7325. Responsibility of department.
(a) General rule.--
Upon receipt of the notice specified in section 7324 (relating to notification by watercraft trailer dealer), the department shall send by certified mail, return receipt requested, a notice containing the information set forth in section 7324(d)(1), (2) and (3) to the last known owner and all lienholders of record.
(b) Watercraft trailers from other states.--
If the watercraft trailer displays a registration plate or other identifying indicia evidencing that the watercraft trailer is titled or registered in another state, the department shall use databases to which it has access to ascertain the name and address of the owner and lienholders of record.
(c) Notice to watercraft trailer dealers.--
The department shall notify the watercraft trailer dealer:
(1) upon mailing notice to the owner and lienholders; or
(2) after conclusion of a reasonable investigation, that the department has been unable to determine the name and address of any lienholder or owner.
Cross References.
Section 7325 is referred to in section 7326 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7326 - Publication

§ 7326. Publication.
(a) General rule.--
At any time after the date the watercraft trailer dealer receives notice from the department pursuant to section 7325 (relating to responsibility of department), the watercraft trailer dealer shall publish a notice, once a week for two consecutive weeks, in a newspaper of general circulation published in the county where the watercraft trailer dealer is located, describing the watercraft trailer and any identifying number.
(b) Contents of notice.--
The notice shall include information that all rights, title and interest in the watercraft trailer shall be transferred to a watercraft trailer dealer by operation of law unless the watercraft trailer is redeemed within 30 days of the date of the second publication. This notice may be combined with a publication of notice pursuant to 30 Pa.C.S. § 5337 (relating to publication for boats and related equipment).
Cross References.
Section 7326 is referred to in sections 7327, 7328 of this title; sections 5337, 5338 of Title 30 (Fish).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7327 - Redemption

§ 7327. Redemption.
(a) Notice.--
Upon request of the customer, any lienholder or the owner of a watercraft trailer, the watercraft trailer dealer shall provide the amount necessary under subsection (b), at the time of the request, to redeem the watercraft trailer.
(b) Charges and expenses.--
Prior to the forfeiture of a watercraft trailer under this subchapter, the customer, any lienholder or the owner of the watercraft trailer may pay the amount necessary to satisfy:
(1) All charges due the watercraft trailer dealer for the repair, remanufacture, restoration, alteration, storage, cleaning, consignment or brokerage of the watercraft trailer.
(2) Reasonable expenses associated with the mailing of notices under section 7324 (relating to notification by watercraft trailer dealer) and the publication of notice under section 7326 (relating to publication).
(c) Return of property.--
Upon payment of all charges and expenses under subsection (b), the watercraft trailer dealer shall return the watercraft trailer to the customer, lienholder or owner and shall thereafter have no liability to any person with respect to the watercraft trailer dealer.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7328 - Forfeiture

§ 7328. Forfeiture.
A watercraft trailer that is not redeemed within 30 days of the second publication under section 7326 (relating to publication) is deemed forfeited to the watercraft trailer dealer, and any prior right, title or interest in the watercraft trailer is terminated. The watercraft trailer dealer shall make application for a certificate of title to the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7329 - Rights acquired by good faith purchaser

§ 7329. Rights acquired by good faith purchaser.
A purchaser in good faith of a watercraft trailer sold by a watercraft trailer dealer after forfeiture under this subchapter takes the watercraft trailer free of all liens and encumbrances despite noncompliance by the watercraft trailer dealer with the requirements of this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7330 - Other remedies

§ 7330. Other remedies.
The provisions of this subchapter are in addition to any and all other remedies available to a watercraft trailer dealer. This subchapter shall not foreclose any other remedies available to a watercraft trailer dealer at law or in equity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 73 - Abandoned Vehicles and Cargos › Section 7331 - Construction

§ 7331. Construction.
Nothing in this subchapter shall be construed to authorize a watercraft trailer dealer to transfer any right, title or interest in a watercraft trailer in violation of section 307 of the Servicemembers Civil Relief Act (Public Law 108-89, 50 App. U.S.C. § 537) or 51 Pa.C.S. § 4105 (relating to exemption from civil process).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 75 - Messenger Service › Section 7501 - Authorization of messenger and agent services

§ 7501. Authorization of messenger and agent services.
(a) General rule.--
The department shall enter into contracts for messenger and agent services.
(b) Unauthorized operation prohibited.--
No person shall operate a messenger or agent service without a valid contract.
(c) Penalty.--
Any person operating a messenger or agent service without a valid contract is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $500.
(Dec. 9, 2002, P.L.1278, No.152)
2002 Amendment.
Act 152 amended the entire section, effective in six months as to subsec. (a) and two years as to the remainder of the section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 75 - Messenger Service › Section 7502 - Certificate of authorization (Deleted by amendment)

§ 7502. Certificate of authorization (Deleted by amendment).
2002 Amendment.
Section 7502 was deleted by amendment December 9, 2002, P.L.1278, No.152, effective in six months.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 75 - Messenger Service › Section 7502.1 - Supersession

§ 7502.1. Supersession.
(a) Regulations.--
Regulations pertaining to messengers and agents regarding the amount of a bond, hearings, written warnings, suspensions, revocations or fines shall not apply to messengers and agents who enter into contracts with the department to provide messenger or agent services.
(b) Previous authorization.--
Any certificate of authorization previously issued to a person to provide messenger or agent services shall be invalid 30 days after the effective date of this section.
(c) Commonwealth employees ineligible.--
No official or employee of the Commonwealth shall be eligible to enter into a contract with the department to own or operate a messenger or agent service nor shall a messenger or agent service employ an official or employee of the Commonwealth. Nothing in this subsection prohibits the department from entering into an agreement with another government agency to allow the agency to provide agent services for its own use.
(Dec. 9, 2002, P.L.1278, No.152)
2002 Amendment.
Act 152 added section 7502.1, effective in six months as to subsecs. (a) and (c) and two years as to subsec. (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 75 - Messenger Service › Section 7503 - Suspension of authorization (Deleted by amendment)

§ 7503. Suspension of authorization (Deleted by amendment).
2002 Amendment.
Section 7503 was deleted by amendment December 9, 2002, P.L.1278, No.152, effective in two years.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 75 - Messenger Service › Section 7503.1 - Bond required

§ 7503.1. Bond required.
Before entering into a contract with any person to act as a messenger or agent service, the department shall require a person to furnish and maintain a bond indemnifying the public and the department in an amount specified by the department.
(Dec. 9, 2002, P.L.1278, No.152, eff. 6 months)
2002 Amendment.
Act 152 added section 7503.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 75 - Messenger Service › Section 7504 - Place of business (Deleted by amendment)

§ 7504. Place of business (Deleted by amendment).
2002 Amendment.
Section 7504 was deleted by amendment December 9, 2002, P.L.1278, No.152, effective in two years.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 75 - Messenger Service › Section 7504.1 - Agent duties and responsibilities

§ 7504.1. Agent duties and responsibilities.
(a) General rule.--
An agent shall faithfully abide by and comply with all laws pertaining to the issuance of temporary registration plates and cards.
(b) Return or surrender of temporary registration cards and plates.--
(1) An agent who discontinues the business shall, within five days of discontinuance, return to the department all temporary registration cards and plates in the agent's possession. The department shall make appropriate refunds under paragraph (3).
(2) An agent whose contract has been terminated shall surrender all registration cards and plates in the agent's possession as directed by the department or its designee.
(3) The fee paid by an agent for a temporary registration plate shall be refunded to the agent upon the return of the plate if the plate is accompanied by the appropriate form provided by the department except when the contract to operate as an agent is terminated. The department shall deduct $25 from the refund to cover processing of the request for refund.
(c) Seizure of registration plates.--
Designated department employees and designees of the department may seize temporary registration plates and related documents from a messenger or agent who does not have a contract with the department to provide agent services.
(d) Display of sign and certificate.--
Every messenger or agent service shall display on the outside of each place of business an identifying sign conforming to regulations of the department and shall prominently display within each place of business its certificate of authorization. No person other than an authorized messenger or agent service shall display a similar identifying sign or certificate.
(Dec. 9, 2002, P.L.1278, No.152, eff. 6 months)
2002 Amendment.
Act 152 added section 7504.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 75 - Messenger Service › Section 7505 - Transaction of business with department

§ 7505. Transaction of business with department.
The department may designate those locations, facilities and hours of operation at which messenger or agent services may transact business with the department. Every messenger or agent service with whom a contract has been signed pursuant to this chapter shall be permitted to transact business with the department at the locations and facilities and during the hours of operation designated by the department. The department may prescribe such regulations as may be necessary for the administration of this chapter.
(Dec. 9, 2002, P.L.1278, No.152, eff. 2 years)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 75 - Messenger Service › Section 7506 - Violations and penalties

§ 7506. Violations and penalties.
A person violating any provision of this chapter or the rules and regulations promulgated thereunder for which a specific penalty is not provided is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $100.
(Dec. 9, 2002, P.L.1278, No.152, eff. 6 months)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 75 - Messenger Service › Section 7507 - Certified checks may be required

§ 7507. Certified checks may be required.
The department may, in its discretion, require certified checks, postal or other money orders or cash from a messenger or agent service after a default in the payment of checks or drafts of the messenger or agent service.
(Dec. 9, 2002, P.L.1278, No.152, eff. imd.)
2002 Amendment.
Act 152 added section 7507.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 75 - Messenger Service › Section 7508 - Nonperformance

§ 7508. Nonperformance.
(a) Nonperformance factors.--
It shall not be a breach of contract by a messenger or agent service if the department determines that the failure to timely submit an application, taxes or fees was the result of:
(1) an act of God;
(2) criminal or fraudulent action by an employee of the messenger or agent service which was unknown and could not have been prevented by the messenger or agent service unless the department determines that the messenger or agent service, or an employee of the messenger or agent service, altered the date of the purchase of a vehicle upon an application;
(3) a failure by a lienholder to forward a title as required by section 1135 (a)(1) (relating to satisfaction of security interest) provided the lienholder received prompt satisfaction; or
(4) criminal, fraudulent or negligent action by a messenger service of the department if the agent and messenger service are not controlled by the same person and the agent submitted the application, taxes or fees to the messenger service within 15 days of receipt by the agent service.
(b) Burden of proof.--
A messenger or agent service has the burden to prove the existence of subsection (a)(1), (2), (3) or (4). The messenger or agent service shall also prove that its submission was in accordance with business practices requiring prompt submission of applications, taxes or fees to the department.
(Dec. 9, 2002, P.L.1278, No.152, eff. 6 months)
2002 Amendment.
Act 152 added section 7508.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 75 - Messenger Service › Section 7509 - Messenger and Agent Advisory Committee

§ 7509. Messenger and Agent Advisory Committee.
(a) Purpose.--
The Messenger and Agent Advisory Committee, consisting of 13 members, shall be created by the department to develop contract language and propose regulations governing messenger and agent services.
(b) Membership.--
The advisory committee shall consist of the following members:
(1) One member appointed by the Governor from names submitted by each of the following organizations to represent the messenger and agent services industries and the needs of the motoring public:
(i) The Pennsylvania AAA Federation.
(ii) The Pennsylvania Automotive Association.
(iii) The Pennsylvania Association of Notaries.
(iv) The Pennsylvania Independent Auto Dealers Association.
(v) The Pennsylvania Association of Auto License Brokers.
(2) Two members from the general public appointed by the Governor.
(3) The Secretary of Transportation or the secretary's designee.
(4) The Commissioner of the Pennsylvania State Police or the commissioner's designee.
(5) The chairman and minority chairman of the Transportation Committee of the Senate and the chairman and minority chairman of the Transportation Committee of the House of Representatives.
(c) Meetings.--
The advisory committee shall meet from time to time as necessary to resolve issues pertaining to development of contract language and proposal of regulations. The first meeting shall take place within 60 days of the effective date of this section.
(d) Termination.--
The advisory committee shall terminate upon the department's issuance of proposed regulations governing messenger and agent services.
(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)
2002 Amendment.
Act 152 added section 7509.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 77 - Snowmobiles and All-Terrain Vehicles › Extra - Chapter Notes

Enactment.
Chapter 77 was added June 17, 1976, P.L.162, No.81, effective July 1, 1977.
Cross References.
Chapter 77 is referred to in section 1302 of this title; sections 3571, 3573 of Title
            42 (Judiciary and Judicial Procedure).
Cross References.
Subchapter C is referred to in section 3722 of this title.
Enactment.
Chapter 77A was added November 29, 2017, P.L.1184, No.57, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 77 - Snowmobiles and All-Terrain Vehicles › Section 7701 - Short title of chapter

§ 7701. Short title of chapter.
This chapter shall be known and may be cited as the Snowmobile and All-Terrain Vehicle Law.
(July 11, 1985, P.L.220, No.56, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 77 - Snowmobiles and All-Terrain Vehicles › Section 7705 - Records and reports

§ 7705. Records and reports.
The provisions of Subchapter B of Chapter 63 (relating to records of traffic cases) relating to records and reports shall be applicable to proceedings under this chapter.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment.
Act 53 repealed former section 7705 relating to disposition of fines and penalties and added present section 7705.