HB 373 — An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; and, in abandoned vehicles and cargos, further providing for reports by private property owners of abandoned vehicles.

PRINTER'S NO.   329

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 373
                                                Session of
                                                  2025

     INTRODUCED BY SCHMITT AND KENYATTA, JANUARY 28, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 28, 2025


                                     AN ACT
 1   Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
 2      Statutes, in general provisions, further providing for
 3      definitions; and, in abandoned vehicles and cargos, further
 4      providing for reports by private property owners of abandoned
 5      vehicles.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    The definition of "abandoned vehicle" in section
 9   102 of Title 75 of the Pennsylvania Consolidated Statutes is
10   amended and the section is amended by adding a definition to
11   read:
12   § 102.   Definitions.
13      Subject to additional definitions contained in subsequent
14   provisions of this title which are applicable to specific
15   provisions of this title, the following words and phrases when
16   used in this title shall have, unless the context clearly
17   indicates otherwise, the meanings given to them in this section:
18      "Abandoned vehicle."
19            (1)   A vehicle (other than a pedalcycle) shall be
20      presumed to be abandoned under any of the following
 1    circumstances, but the presumption is rebuttable by a
 2    preponderance of the evidence:
 3              (i)    The vehicle is physically inoperable and is left
 4        unattended on a highway or other public property for more
 5        than 48 hours.
 6              (ii)    The vehicle has remained illegally on a highway
 7        or other public property for a period of more than 48
 8        hours.
 9              (iii)    The vehicle is left unattended on or along a
10        highway or other public property for more than 48 hours
11        and does not bear all of the following:
12                     (A)   A valid registration plate.
13                     (B)   A current certificate of inspection.
14                     (C)   An ascertainable vehicle identification
15              number.
16              (iv)    The vehicle has remained on private property
17        without the consent of the owner or person in control of
18        the property for more than 24 hours.
19              (v)    The vehicle has remained on the private property
20        of a salvor for 20 days.
21              (vi)    The vehicle has remained on the property of a
22        wholesale vehicle auction without the consent of the
23        wholesale vehicle auction for more than three business
24        days.
25        (2)   Vehicles and equipment used or to be used in
26    construction or in the operation or maintenance of highways
27    or public utility facilities, which are left in a manner
28    which does not interfere with the normal movement of traffic,
29    shall not be considered to be abandoned.
30    * * *

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 1      "Wholesale vehicle auction."      A person that:
 2            (1)    is required to be licensed for commission,
 3      compensation or other consideration in the business of
 4      providing wholesale vehicle auction services at an
 5      established place of business, regardless of whether the
 6      person has custody or control of the vehicles; and
 7            (2)    has the authority of the buyer or seller of a
 8      vehicle to negotiate or conduct a transaction on behalf of
 9      the buyer or seller under the act of December 22, 1983
10      (P.L.306, No.84), known as the Board of Vehicles Act.
11      * * *
12      Section 2.      Section 7311.1(a) of Title 75 is amended and the
13   section is amended by adding a subsection to read:
14   § 7311.1.      Reports by private property owners of abandoned
15                  vehicles.
16      (a)   Removal of abandoned vehicles.--
17            (1)    A person on whose private property is located a
18      vehicle which has remained on the property without the
19      consent of the property owner or [his] an agent for more than
20      24 hours may authorize the removal or processing of the
21      vehicle.
22            (2)    Prior to removal or processing of the vehicle,
23      [that] the person shall file a report, on a multipart form
24      prescribed by the department, with the local police
25      department declaring that an unauthorized vehicle has been
26      left unattended and on private property for at least 24
27      hours. One part of [such] the report shall be retained by
28      [that] the person[,] and the other part shall be filed with
29      the police department.
30            (3)    The police department shall, within five business

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 1    days, process the vehicle as abandoned under this chapter and
 2    attach a copy of the report to the abandoned vehicle
 3    information report.
 4    * * *
 5    (c)   Wholesale vehicle auction.--
 6          (1)   An unauthorized vehicle that has been left
 7    unattended on private property shall include a vehicle
 8    intended for sale or that has been sold through a wholesale
 9    vehicle auction if the vehicle has remained on the property
10    of the wholesale vehicle auction without the consent or
11    authorization of the wholesale vehicle auction for a period
12    exceeding three business days.
13          (2)   After the three-day period under paragraph (1), the
14    wholesale vehicle auction may file a report under subsection
15    (a). If the wholesale vehicle auction elects to file a
16    report, the wholesale vehicle auction may remove, sell or
17    legally obtain the ownership and title of a vehicle that is
18    declared an abandoned vehicle on the property of the
19    wholesale vehicle auction for which the report has been
20    filed. The following shall apply:
21                (i)    A wholesale vehicle auction that intends to sell
22          or legally obtain ownership of an abandoned vehicle shall
23          indicate the auction's intention on the report that has
24          been filed.
25                (ii)    If a wholesale vehicle auction follows the
26          procedures outlined in this subchapter and the abandoned
27          vehicle remains unclaimed, the wholesale vehicle auction
28          may submit an application for a certificate of title to
29          the department.
30                (iii)    If the department determines that a new

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 1        certificate of title should be issued, the department
 2        shall issue an abandoned vehicle branded title to the
 3        wholesale vehicle auction.
 4              (iv)    After an abandoned vehicle branded title is
 5        issued under subparagraph (iii), the wholesale vehicle
 6        auction shall offer the vehicle for sale at auction and
 7        provide notice to prospective buyers that the title has
 8        been branded as a former abandoned vehicle.
 9              (v)    A wholesale vehicle auction that complies with
10        this section shall not be subject to liability from the
11        owner or seller of an abandoned vehicle removed, sold or
12        otherwise disposed of under this section. A purchaser of
13        an abandoned vehicle at a wholesale vehicle auction under
14        this section shall not be subject to liability from the
15        owner or seller of the abandoned vehicle.
16        (3)   The wholesale vehicle auction shall be reimbursed
17    for all applicable costs related to the storage and
18    processing of the vehicle under this subsection from the
19    proceeds of the sale of the vehicle. The wholesale vehicle
20    auction shall pay any remaining proceeds of the sale to the
21    department for deposit into the Motor License Fund.
22        (4)   A wholesale vehicle auction may impose, charge and
23    collect reasonable fees from the owner or seller regarding an
24    abandoned vehicle. The following shall apply:
25              (i)    A wholesale vehicle auction may not impose
26        storage fees of more than $25 per day and may not impose
27        storage fees for the first three business days that the
28        vehicle has remained on the property of the wholesale
29        vehicle auction without the consent or authorization of
30        the wholesale vehicle auction.

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 1              (ii)    If the title for the abandoned vehicle has been
 2        transferred to the wholesale vehicle auction, the fees
 3        associated with the storage and processing of the vehicle
 4        shall be deemed to have been satisfied.
 5              (iii)    Information regarding the fees under this
 6        paragraph shall be posted on the wholesale vehicle
 7        auction's publicly accessible Internet website or
 8        provided directly to each person utilizing the wholesale
 9        vehicle auction's services.
10        (5)   The wholesale vehicle auction may not impose storage
11    fees on or after the date of transfer of the vehicle to a
12    salvor, if applicable. If the abandoned vehicle has been
13    transferred to a salvor and the vehicle is subsequently sold
14    at a salvage auction:
15              (i)    The salvor shall recover the appropriate costs
16        of towing and storage.
17              (ii)    The wholesale vehicle auction shall be
18        reimbursed for the cost of storing, obtaining a title and
19        processing related to the vehicle when the additional
20        funds are available as the result of the salvor's
21        auction. The wholesale vehicle auction shall pay any
22        remaining proceeds of the sale to the department for
23        deposit into the Motor License Fund.
24    Section 3.      This act shall take effect in 120 days.




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