75 Pa.C.S. Ch. 63

in effect

75 Pa.C.S. § 6301 Prosecutions under local ordinances superseded by title.

Except for parking violations, when the same conduct is proscribed under this title and a local ordinance, the charge shall be brought under this title and not under the local ordinance. Prosecutions brought under any local ordinance, rule or regulation, which are based on a violation for which there is a specific penalty provided in this title, except for parking violations, shall be deemed as having been brought under this title and the assessment and disposition of the fines and forfeitures shall be so governed. Local ordinances relating to parking shall prescribe fines for violations and may authorize the payment of penalties in lieu of fines and costs under prescribed conditions. (Nov. 9, 1977, P.L.226, No.69, eff. imd; Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 overlooked the amendment by Act 69 of 1977, but the amendments do not conflict in substance and have both been given effect in setting forth the text of the section. Cross References. Section 6301 is referred to in section 3354 of this title.

75 Pa.C.S. § 6302 Time limitations.

A prosecution for any offense under this title must be commenced within the period limited by Chapter 55 of Title 42 (relating to limitation of time). (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 repealed former section 6302 and added present section 6302.

75 Pa.C.S. § 6303 Rights and liabilities of minors.

(a) General rule.--Except as provided in subsection (b), any person over the age of 16 years charged with the violation of any provisions of this title constituting a summary offense shall have all the rights of an adult and may be prosecuted under the provisions of this title in the same manner as an adult. (b) Exception.--No person shall be sentenced to a term of imprisonment for a violation of any provisions of this title constituting a summary offense committed while the person was under the age of 18 years. (Nov. 29, 2004, P.L.1369, No.177, eff. imd.) Cross References. Section 6303 is referred to in section 6322 of Title 42 (Judiciary and Judicial Procedure).

75 Pa.C.S. § 6304 Authority to arrest without warrant.

(a) Pennsylvania State Police.--A member of the Pennsylvania State Police who is in uniform may arrest without a warrant any person who violates any provision of this title in the presence of the police officer making the arrest. (b) Other police officers.--Any police officer who is in uniform may arrest without a warrant any nonresident who violates any provision of this title in the presence of the police officer making the arrest. (c) Other powers preserved.--The powers of arrest conferred by this section are in addition to any other powers of arrest conferred by law.

75 Pa.C.S. § 6305 Arrest of nonresident.

(a) General rule.--Upon arrest of a nonresident for any violation of this title, a police officer shall escort the defendant to the appropriate issuing authority for a hearing, posting of bond or payment of the applicable fine and costs, unless the defendant chooses to place the amount of the applicable fine (or the maximum fine in the case of a variable fine) and costs in a stamped envelope addressed to the appropriate issuing authority and mails the envelope in the presence of the police officer. (b) Procedure upon payment by mail.--If the defendant mails the amount of the fine prescribed in subsection (a), the defendant shall indicate on an accompanying form whether the payment constitutes a fine based on a plea of guilty or a bond for a hearing based on a plea of not guilty. If the plea is not guilty, the police officer shall notify the issuing authority by telephone and the issuing authority shall schedule a hearing for the following day (excluding Saturdays, Sundays and legal holidays), unless the defendant requests a continuance, in which case a hearing shall be scheduled to accommodate the defendant, the police officer and the issuing authority. (c) Form of payment.--The amount of the fine and costs may be paid in cash, personal or other check, credit card or guaranteed arrest bond, except that the Administrative Office of Pennsylvania Courts may enlarge or restrict the types of payment which may be made by mail. (d) Receipt for payment.--Except as otherwise provided or prescribed by law, the police officer shall give the defendant a receipt for the payment, a copy of which shall be mailed with the payment and a copy retained by the police officer. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsecs. (c) and (d).

75 Pa.C.S. § 6306 Costs for summary offenses.

(a) General rule.--Except as provided in subsection (c), costs for summary offenses shall be established by general rule pursuant to Chapter 17 of Title 42 (relating to governance of the system). (b) Costs of removing vehicle.--(Reserved). (c) Parking violations in first class cities.--The costs normally imposed for a summary parking violation of this title or of a parking ordinance shall be waived in the following situations: (1) When the defendant has been issued a parking ticket and he remits the fine within eight days of the parking ticket's issuance. (2) When the defendant, who has not been previously issued a parking ticket for the alleged parking violation, has been issued a citation and he remits the fine within eight days of the citation's issuance. If the fine is remitted by mail, then a remittance postmarked within the eight-day period shall be considered as meeting the requirements of this subsection. The provisions of this subsection shall only be applicable to summary parking violations occurring in cities of the first class. (Apr. 28, 1978, P.L.202, No.53, eff. 1 year; Feb. 15, 1980, P.L.12, No.8, eff. 60 days)

75 Pa.C.S. § 6307 Liability for costs not paid by defendant.

In any case of prosecution under the provisions of this title in which the defendant is found not guilty or for any other reason costs are not recovered from the defendant, all costs of prosecution shall be paid as provided by Part IV of Title 42 (relating to financial matters). (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

75 Pa.C.S. § 6308 Investigation by police officers.

(a) Duty of operator or pedestrian.--The operator of any vehicle or any pedestrian reasonably believed to have violated any provision of this title shall stop upon request or signal of any police officer and shall, upon request, exhibit a registration card, driver's license and information relating to financial responsibility, or other means of identification if a pedestrian or driver of a pedalcycle, and shall write their name in the presence of the police officer if so required for the purpose of establishing identity. (b) Authority of police officer.--Whenever a police officer is engaged in a systematic program of checking vehicles or drivers or has reasonable suspicion that a violation of this title is occurring or has occurred, he may stop a vehicle, upon request or signal, for the purpose of checking the vehicle's registration, proof of financial responsibility, vehicle identification number or engine number or the driver's license, or to secure such other information as the officer may reasonably believe to be necessary to enforce the provisions of this title. (c) Inspection.--Any police officer or authorized department employee may, during business hours or at any other time in which work is being conducted or work is being performed, inspect any vehicle, or major component part for which records are required to be kept under subsection (d), in any garage or repair shop or on the premises of any dealer, miscellaneous motor vehicle business, salvage motor vehicle auction or pool operator, salvor, scrap metal processor, or other public place of business which deals in the trade of vehicles or major component parts for the purpose of: (1) locating stolen vehicles or parts of vehicles or major component parts with identification numbers, Federal certification labels, anti-theft labels or parts stickers removed, altered or falsified; or (2) inspecting the records required to be kept under subsection (d). The owner, operator, representative of the owner or operator of the business or other person shall permit any police officer or authorized department employee to make investigations under this subsection. (d) Records.-- (1) Every salvor, miscellaneous motor vehicle business, salvage motor vehicle auction or pool operator, scrap metal processor, garage, repair shop and dealer shall keep accurate records of the purchase, acquisition, sale and disposition of vehicles as required under sections 1103.1 (relating to application for certificate of title), 1111 (relating to transfer of ownership of vehicle), 1113 (relating to transfer to or from manufacturer or dealer), 1114 (relating to transfer of vehicle by operation of law), 1119 (relating to application for certificate of title by agent), 1161 (relating to certificate of salvage required), 1162 (relating to transfer to vehicle salvage dealer), 1163 (relating to transfer to scrap metal processor) and 1164 (relating to theft vehicles). The records shall also include a corresponding customer receipt with the vehicle identification number, make, year and type of vehicle, from whom the vehicle was purchased or acquired, sold to or disposed of, the date, location and place purchased, acquired, sold or disposed of and the amount paid or other tender exchanged for the purchase, acquisition, sale or disposition. (2) The records shall also include a photocopy of a government-issued form of photo identification from the person towing or selling the vehicle, driver's license number and location from where the vehicle was towed or sold and the business name, address, license number and contact number of the towing company. (3) The records shall be available on the premises of the salvor, miscellaneous motor vehicle business, salvage motor vehicle auction or pool operator, scrap metal processor, garage, repair shop and dealer and open to inspection by any police officer or authorized department employee. The records shall be maintained for three years from the date of disposition of the vehicle. (4) If inspection under subsection (c) reveals stolen vehicles, stolen major component parts, vehicles or major component parts with identification numbers, Federal certification labels, anti-theft labels or parts stickers removed, altered or falsified, any police officer or authorized department employee may seize those vehicles or vehicle parts, records relating to the seized vehicles or vehicle parts and the business, including proof of ownership or operation of the business, as well as any instrumentalities used to facilitate criminal activity. (d.1) Production to avoid penalty.--No person shall be convicted of failing to have in his possession a driver's license required to be exhibited under subsection (a) or (b) if the person: (1) produces at the headquarters of the police officer who demanded to see the person's license, within 15 days of the demand, a driver's license valid in this Commonwealth at the time of the demand; or (2) if a citation has been filed, produces at the office of the issuing authority, within 15 days of the filing of the citation, a driver's license valid in this Commonwealth on the date of the citation. (e) Penalty.--Any person violating subsection (d) commits a misdemeanor of the third degree. (July 22, 1983, P.L.122, No.32, eff. imd.; Feb. 12, 1984, P.L.26, No.11, eff. Oct. 1, 1984; June 19, 1985, P.L.49, No.20, eff. 60 days; Feb. 2, 1990, P.L.2, No.2, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Oct. 25, 2012, P.L.1645, No.203, eff. 60 days) 2012 Amendment. Act 203 amended subsecs. (c) and (d). 2003 Amendment. Act 24 amended subsec. (b). Cross References. Section 6308 is referred to in sections 1162, 1163, 1786, 6329 of this title; section 7706 of Title 18 (Crimes and Offenses).

75 Pa.C.S. § 6308.1 Payment to police or sheriff's office of one-half of reinstatement fee.

The police department or sheriff's office whose officers or deputies seize a suspended or revoked driver's license or vehicle registration shall, in every case where the driver's license or vehicle registration is reinstated, receive from the department one-half of the fee imposed under section 1960 (relating to reinstatement of operating privilege or vehicle registration). (Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990) 1990 Amendment. Act 6 added section 6308.1.

75 Pa.C.S. § 6309 Impoundment for nonpayment of fines; vehicles or combinations with a gross vehicle weight rating of 17,001 pounds or more.

(a) General rule.--Upon imposition of a fine in excess of $250 imposed pursuant to section 1301 (relating to registration and certificate of title required), 1371 (relating to operation following suspension of registration), 4107(b) (relating to unlawful activities) or Chapter 49 (relating to size, weight and load), the defendant shall be allowed 24 hours either to obtain the funds and pay the fine and costs of prosecution or to make arrangements with the issuing authority to pay in installments as provided by the Pennsylvania Rules of Criminal Procedure, during which time the defendant's vehicle or combination shall be rendered temporarily inoperable by such police officer, sheriff or constable as the issuing authority shall designate or, in the interest of public safety, such police officer, sheriff or constable shall direct that the vehicle or combination be towed and stored by the appropriate towing and storage agent with prompt notice to the issuing authority. If the defendant neither makes payment nor makes arrangements for payment within the 24-hour period or defaults on such payment, the issuing authority may issue an impoundment order and direct enforcement of the order by a police officer, constable or the appropriate towing and storage agent. In cities of the first class, the issuing authority shall direct enforcement of the impoundment order by the Philadelphia Parking Authority. (b) Storage.--Upon impoundment, the issuing authority shall forthwith notify the appropriate law enforcement officer of the county in which the violation occurred, who shall store the impounded vehicle or combination. In cities of the first class, notification shall be made to the Philadelphia Parking Authority, which shall store the impounded vehicle or combination. (c) Notice of impoundment.--Except in cities of the first class, the appropriate law enforcement officer shall give immediate notice by the most expeditious means and by certified mail, return receipt requested, of the impoundment and location of the vehicle or combination to the owner of the vehicle or combination and the owner of the load and any lienholders if the names and addresses of the owner and any lienholder are known or can be ascertained by investigation. In cities of the first class, the Philadelphia Parking Authority shall give immediate notice by first class mail, proof of mailing, of the impoundment and location of the vehicle or combination to the owner and the lienholder of the vehicle or combination using reasonably available State databases. (d) Costs.--The costs of the police officer, constable, impoundment official, appropriate law enforcement officer or the Philadelphia Parking Authority, reasonable storage costs and all other reasonable costs incident to seizure and impounding under subsections (a) and (b) shall be recoverable in addition to costs of prosecution. (e) Recovery of impounded vehicle.-- (1) The owner of any vehicle or combination which has been impounded under this section may obtain possession of the vehicle or combination by: (i) furnishing proof of valid registration and financial responsibility; and (ii) paying all fines and costs associated with the impoundment of the vehicle or making arrangements with the appropriate judicial authority to make payments of all fines and costs by installments as provided by the Pennsylvania Rules of Criminal Procedure. (2) Any vehicle or combination not recovered under this subsection may be sold as an unclaimed vehicle, combination or load under section 6310 (relating to disposition of impounded vehicles, combinations and loads). (f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Appropriate towing and storage agent." Either of the following: (1) In cities of the first class, the Philadelphia Parking Authority or its authorized agent. (2) In municipalities other than cities of the first class, a towing and storage agent designated by local ordinance. "Costs." The term shall include reasonable fees. (June 19, 1985, P.L.49, No.20, eff. 60 days; July 2, 1996, P.L.535, No.93, eff. 60 days; Oct. 4, 2002, P.L.845, No.123, eff. imd.; July 14, 2005, P.L.285, No.50, eff. 60 days) 2005 Amendment. Act 50 amended subsecs. (a), (c), (e)(2) and (f).

75 Pa.C.S. § 6309.1 Impoundment for nonpayment of fines; vehicles or combinations with a gross vehicle weight rating of 17,000 pounds or less.

(a) Applicability.-- (1) This section shall be mandatory in cities of the first class. (2) This section shall be applicable in municipalities other than counties, and other than cities of the first class, within which the governing body has adopted an ordinance electing to be subject to the provisions of this section. (b) General rule.--Upon conviction of or entry of a plea of guilty or nolo contendere for one or more of the following offenses and upon imposition of a fine or fines which, separately or together with any other outstanding or unpaid fines imposed for the following offenses, total in excess of $250, the defendant shall be allowed 24 hours either to obtain the funds and pay the fine or fines and costs of prosecution or to make arrangements with the issuing authority to pay in installments as provided by the Pennsylvania Rules of Criminal Procedure, during which time the defendant's vehicle or combination may be rendered temporarily inoperable by such police officer, sheriff or constable as the issuing authority shall designate: Section 1301 (relating to registration and certificate of title required). Section 1332 (relating to display of registration plate). Section 1371 (relating to operation following suspension of registration). Section 1501 (relating to drivers required to be licensed). Section 1543 (relating to driving while operating privilege is suspended or revoked). Section 1786 (relating to required financial responsibility). Section 7124 (relating to fraudulent use or removal of registration plate). If the defendant neither makes payment nor makes arrangements for payment within the 24-hour period or defaults upon such payment, the issuing authority may issue an impoundment order for the defendant's vehicle and direct enforcement of the order by a police officer, constable or an impoundment official as authorized by the issuing authority. In cities of the first class, the issuing authority shall direct enforcement of the impoundment order by the Philadelphia Parking Authority. (c) Storage.--Upon impoundment, the issuing authority shall forthwith notify the appropriate law enforcement officer of the county in which the violation occurred, who shall store the impounded vehicle or combination. In cities of the first class, such notification shall be made to the Philadelphia Parking Authority, which shall store the impounded vehicle or combination. (d) Notice of impoundment.--Except in cities of the first class, the appropriate law enforcement officer shall give immediate notice by the most expeditious means and by certified mail, return receipt requested, of the impoundment and location of the vehicle or combination to the owner of the vehicle or combination and any lienholder and, if applicable, any owner of the load, if the names and addresses of the owner and any lienholder are known or can be ascertained by investigation. In cities of the first class, the Philadelphia Parking Authority shall give immediate notice by first class mail, proof of mailing, of the impoundment and location of the vehicle or combination to the owner and the lienholder of the vehicle or combination using reasonably available State databases. (e) Costs.--The costs of the police officer, constable, impoundment official, appropriate law enforcement officer or Philadelphia Parking Authority, reasonable storage costs and all other reasonable costs incident to seizure and impounding under subsections (b) and (c) shall be recoverable in addition to costs of prosecution. (f) Recovery of impounded vehicle.-- (1) The owner of any vehicle or combination which has been impounded under this section may obtain possession of the vehicle or combination by: (i) furnishing proof of valid registration and financial responsibility; and (ii) paying all fines and costs associated with the impoundment of the vehicle or making arrangements with the appropriate judicial authority to make payments of all fines and costs by installments as provided by the Pennsylvania Rules of Criminal Procedure. (2) Any vehicle or combination not recovered under this subsection may be sold as an unclaimed vehicle, combination or load under section 6310 (relating to disposition of impounded vehicles, combinations and loads). (g) Definition.--As used in this section, the term "costs" shall include reasonable fees. (July 2, 1996, P.L.535, No.93, eff. 60 days; Oct. 4, 2002, P.L.845, No.123, eff. imd.; July 14, 2005, P.L.285, No.50, eff. 60 days) 2018 Correction. Subsec. (g) was not carried with the 2005 amendment of subsecs. (d) and (f)(2). Subsec. (g) is now carried in this publication. 2005 Amendment. Act 50 amended subsecs. (d) and (f)(2).

75 Pa.C.S. § 6309.2 Immobilization, towing and storage of vehicle for driving without operating privileges or registration.

(a) General rule.--Subject to subsection (d), the following shall apply: (1) If a person operates a motor vehicle or combination on a highway or trafficway of this Commonwealth while the person's operating privilege is suspended, revoked, canceled, recalled or disqualified or where the person is unlicensed, as verified by an appropriate law enforcement officer in cooperation with the department, the law enforcement officer shall immobilize the vehicle or combination or, in the interest of public safety, direct that the vehicle be towed and stored by the appropriate towing and storage agent pursuant to subsection (c), and the appropriate judicial authority shall be so notified. (2) If a motor vehicle or combination for which there is no valid registration or for which the registration is suspended, as verified by an appropriate law enforcement officer, is operated on a highway or trafficway of this Commonwealth, the law enforcement officer shall immobilize the motor vehicle or combination or, in the interest of public safety, direct that the vehicle be towed and stored by the appropriate towing and storing agent pursuant to subsection (c), and the appropriate judicial authority shall be so notified. (b) Procedure upon immobilization.-- (1) When a vehicle is immobilized pursuant to subsection (a)(1), the operator of the vehicle may appear before the appropriate judicial authority within 24 hours from the time the vehicle was immobilized. The appropriate judicial authority may issue a certificate of release upon: (i) the furnishing of proof of registration and financial responsibility by the owner of the vehicle; and (ii) receipt of evidence that the operator of the vehicle has complied with the pertinent provisions of Title 42 (relating to judiciary and judicial procedure) and this title. (2) When a vehicle is immobilized pursuant to subsection (a)(2), the owner of the vehicle may appear before the appropriate judicial authority within 24 hours from the time the vehicle was immobilized. The appropriate judicial authority may issue a certificate of release upon: (i) the furnishing of proof of registration and financial responsibility by the owner of the vehicle; and (ii) receipt of evidence that the operator of the vehicle has complied with the pertinent provisions of Title 42 and this title. (3) If a certification of release is not obtained within 24 hours from the time the vehicle was immobilized, the vehicle shall be towed and stored by the appropriate towing and storage agent under subsection (c). (c) Procedure upon towing and storage.-- (1) Except as provided in paragraph (2), the following steps shall be taken: (i) The appropriate judicial authority shall notify the appropriate law enforcement officer of the county in which the violation occurred. (ii) The officer notified under subparagraph (i) shall notify the appropriate towing and storage agent to tow and store the vehicle or combination and provide notice by the most expeditious means and by first class mail, proof of service, of the towing, storage and location of the vehicle or combination to the owner of the vehicle or combination and any lienholder and, if applicable, the owner of the load, if the names and addresses of the owner and any lienholder are known or can be ascertained by investigation. (2) In a city of the first class, the following steps shall be taken: (i) The appropriate judicial authority or appropriate law enforcement officer shall notify the appropriate towing and storage agent. (ii) The appropriate towing and storage agent shall tow and store the vehicle or combination and provide notice by first class mail, proof of mailing, of the towing, storage and location of the vehicle or combination to the owner and the lienholder of the vehicle or combination using a reasonably available State database. (d) Recovery of towed and stored vehicle.-- (1) The owner or lienholder of any vehicle or combination which has been towed and stored under this section may obtain possession of the vehicle or combination by: (i) furnishing proof of valid registration and financial responsibility; and (ii) (A) if the towing and storage resulted from the operation of the vehicle or combination by the owner, paying all fines and costs associated with the towing and storage of the vehicle or combination and any other than outstanding fines and costs of the owner or making arrangements with the appropriate judicial authority to make payments of all other outstanding fines and costs immediately or, in the discretion of the appropriate judicial authority, by installments as provided by the Pennsylvania Rules of Criminal Procedures; or (B) if the towing and storage resulted from the operation of the vehicle or combination by a party other than the owner, paying all costs associated with the towing and storage of the vehicle or combination and fines associated with citations issued by the law enforcement officer related to the towing and storage and any other outstanding fines and costs of the owner or making arrangements with the appropriate judicial authority to make payments of all such fines and costs or, in the discretion of the appropriate judicial authority, by installments as provided by the Pennsylvania Rules of Criminal Procedure. (1.1) In cities of the first class, the appropriate judicial authority shall not issue an order for the release of any vehicle towed and stored pursuant to this section until provisions are made for payment of all fines and penalties associated with violations of any local parking regulation or ordinance or applicable section of this chapter or Chapter 61 (relating to powers of department and local authorities). (2) Any vehicle not recovered under this subsection may be sold as an unclaimed vehicle, combination or load under section 6310 (relating to disposition of impounded vehicles, combinations and loads). The proceeds of the sale shall be applied to the payment of the fines and costs associated with the towing and storage of the vehicle. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Appropriate judicial authority." In counties of the first class, the Philadelphia Traffic Court. In all other counties, the magisterial district judge in whose district the violation occurred. "Appropriate towing and storage agent." In counties of the first class, the Philadelphia Parking Authority or its authorized agent. In other municipalities, a towing and storage agent designated by local ordinance. "Costs." The term shall include reasonable fees. (July 2, 1996, P.L.535, No.93; Dec. 10, 1996, P.L.925, No.149, eff. imd.; Oct. 4, 2002, P.L.845, No.123, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; July 14, 2005, P.L.285, No.50, eff. 60 days) 2005 Amendment. Act 50 amended subsecs. (a), (c)(2) and (d). 2004 Amendment. Act 207 amended the def. of "appropriate judicial authority" in subsec. (e). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. References in Text. The Traffic Court of Philadelphia, referred to in this section, was abolished by Joint Resolution No.2 of 2016. Cross References. Section 6309.2 is referred to in section 6506 of this title.

75 Pa.C.S. § 6310 Disposition of impounded vehicles, combinations and loads.

(a) Rights of owner of load.--The title to the load on an impounded vehicle or combination remains in the owner who may repossess the load at any time upon presentation of proof of ownership to the sheriff. If the load spoils during impoundment, the loss shall be on the owner subject to any right of recovery of damages that the owner may have against the owner of the vehicle or combination or against any other party, and the costs of disposition of the load shall be recoverable in addition to the costs of prosecution. (b) Sale of unclaimed vehicle or load.--Except in a city of the first class, in case any impounded vehicle or combination is unredeemed, or the load is unclaimed, for a period of 60 days after notice of impoundment is given, or for a period of 30 days after the expiration or termination of the impoundment order under section 3367 (relating to racing on highways and trafficways), it shall be sold at a public sale by the sheriff upon order of the issuing authority and after ten days' notice of sale to the owners, lienholders or secured parties of the vehicle or load except that, if the sheriff determines it to be necessary to preserve their value, goods which may spoil may be sold in any commercially reasonable manner prior to expiration of the 60-day period or prior to the 30-day period after the expiration or termination of the impoundment order under section 3367 and, if impractical to do so, without giving notice to the owners, lienholders or secured parties. (b.1) Sale of unclaimed vehicle or load in cities of the first class.--In case any impounded vehicle or combination is unredeemed, or the load is unclaimed, for a period of 15 days after notice of impoundment is given or for a period of 30 days after the expiration or termination of the impoundment order under section 3367, it shall be sold at a public sale by the Philadelphia Parking Authority upon order of the issuing authority and after 10 days' notice of the sale to the owners, lienholders or secured parties of the vehicle or load except that, if the Philadelphia Parking Authority determines it necessary to preserve their value, goods which may spoil may be sold in any commercially reasonable manner prior to expiration of the 15-day period or prior to the 30-day period after the expiration or termination of the impoundment order under section 3367 and, if impractical to do so, without giving notice to the owners, lienholders or secured parties. (c) Disposition of proceeds of sale.--The proceeds of sale shall first be applied to the payment of all fines and costs and, secondly, to the payment of the encumbrances. The balance, if any, shall be remitted to the owner. (d) Sale of unclaimed vehicle or load in cities of the first class.--In case any impounded vehicle or combination is unredeemed, or the load is unclaimed, for a period of 15 days after notice of impoundment is given, it shall be sold at a public sale by the Philadelphia Parking Authority upon order of the issuing authority and after ten days' notice of the sale to the owners, lienholders or secured parties of the vehicle or load except that, if the Philadelphia Parking Authority determines it to be necessary to preserve their value, goods which may spoil may be sold in any commercially reasonable manner prior to expiration of the 15-day period and, if impractical to do so, without giving notice to the owners, lienholders or secured parties. (e) Disposition of proceeds of sale in cities of the first class.--The proceeds of sale shall first be applied to the payment of all fines and costs and then to the owner or lienholder, whichever is the first to appear. If not claimed within one year, any remaining proceeds shall be forfeited to the appropriate towing and storage agent for purposes of funding its costs associated with this chapter. (f) Definition.--As used in this section, the term "costs" shall include reasonable fees. (June 19, 1985, P.L.49, No.20, eff. 60 days; Oct. 4, 2002, P.L.845, No.123, eff. imd.; July 14, 2005, P.L.285, No.50, eff. 60 days; Oct. 16, 2024, P.L.992, No.103, eff. 11 months) 2024 Amendment. Act 103 amended subsec. (b) and added subsec. (b.1). 2005 Amendment. Act 50 amended subsec. (e). Cross References. Section 6310 is referred to in sections 3367, 6309, 6309.1, 6309.2 of this title; section 3310 of Title 66 (Public Utilities).

75 Pa.C.S. § 6311 Enforcement authority.

If a driver fails or refuses to comply with the requirements of a police officer or qualified Commonwealth employee given pursuant to this title, the police officer or Commonwealth employee shall have authority to take the vehicle into temporary custody for the purpose of inspecting, testing or weighing the vehicle, its equipment, documents or load. In addition to any fine or penalty attributable to the weight, inspection, test or other offense, any driver who fails or refuses to comply commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500. Any costs incurred in weighing, testing or inspecting shall be paid by the driver to the person or agency incurring the costs or to the issuing authority for payment to the person or agency incurring the costs. (June 19, 1985, P.L.49, No.20, eff. 60 days; Dec. 16, 1992, P.L.1250, No.166) 1992 Amendment. See section 9 of Act 166 in the appendix to this title for special provisions relating to effective date.

75 Pa.C.S. § 6312 Liquor or malt or brewed beverages.

(a) General rule.--In an action or proceeding under this title or as provided in subsection (b) in which a material element of the offense is that a substance is liquor or a malt or brewed beverage, all of the following apply: (1) Chemical analysis is not required to prove that the substance is liquor or a malt or brewed beverage. (2) Circumstantial evidence is sufficient to prove that the substance is liquor or a malt or brewed beverage. (b) Evidence presented by defendant.--Notwithstanding subsection (a), nothing shall prevent a defendant from presenting evidence that the substance is not liquor or a malt or brewed beverage. (c) Applicability.--The provisions of subsection (a) shall apply to proceedings under Titles 18 (relating to crimes and offenses) and 42 (relating to judiciary and judicial procedure) and under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code. (Dec. 18, 1992, P.L.1411, No.174, eff. 60 days) 1992 Amendment. Act 174 added section 6312.

75 Pa.C.S. § 6313 Enforcement of summary offenses in State park and forest lands.

(a) General rule.--Notwithstanding any provision of law to the contrary, individuals appointed and commissioned by the Department of Conservation and Natural Resources to preserve order in the State park or State forest lands are specifically authorized to enforce those provisions of this title which designate violations as summary offenses while acting within the State park or State forest lands. The authority includes the power to stop vehicles suspected of summary offenses, to issue citations for summary offenses and, if a vehicle is stopped for a suspected summary offense, to make arrests where evidence appears of additional offenses designated as misdemeanors or felonies. (b) Construction.--Nothing in this section shall be construed to limit the powers granted these individuals by law. (June 25, 2001, P.L.701, No.68, eff. imd.) 2001 Amendment. Act 68 added section 6313.

75 Pa.C.S. § 6321 Records of issuing authorities.

Every issuing authority shall conform to such procedures and standards with respect to records of proceedings arising under this title as may be prescribed pursuant to Title 42 (relating to judiciary and judicial procedure). (Apr. 28, 1978, P.L.202, No.53, eff. 2 years) 1978 Amendment. Act 53 added present section 6321 and repealed former section 6321 relating to the same subject matter.

75 Pa.C.S. § 6322 Reports by issuing authorities.

(a) General rule.--Subject to any inconsistent procedures and standards relating to reports and transmission of funds prescribed pursuant to Title 42 (relating to judiciary and judicial procedure): (1) Following the fifteenth and last days of each month, every issuing authority shall prepare a statement, upon forms prescribed and furnished by the department, of all fines collected, bail forfeited, sentence imposed and final disposition for all cases on violations of any provisions of this title decided by the issuing authority in the semimonthly reporting period just concluded. The statement shall be certified by the issuing authority to be true and correct and shall be forwarded to the department within the following week, with a copy sent to the police department which filed the charge. Any fines and bail forfeited payable to the Commonwealth under Subchapter E of Chapter 35 of Title 42 (relating to fines, etc.) shall accompany the report to the department. (2) The report shall include the identifying number of the citation, the name and residence address of the party charged, the driver's license number, the registration number of the vehicle involved, a description of the offense, the section and subsection of the statute or ordinance violated, the date of conviction, the plea, the judgment or whether bail was forfeited, the sentence or amount of forfeiture and such other information as the department may require. (b) Use of reports by department.--Other than reports of parking convictions, the department shall promptly enter all relevant information contained in the reports in the records of the persons who were not commercial drivers at the time of the violation and shall promptly enter all information contained in the reports in the records of person who were commercial drivers at the time of the violation. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; July 5, 2005, P.L.100, No.37) 2005 Amendment. Act 37 amended subsec. (b). Section 10(2) of Act 37 provided that Act 37 shall take effect 90 days after publication of a notice in the Pennsylvania Bulletin. The notice was published July 16, 2005, at 35 Pa.B. 4029. 1998 Amendment. Act 151 amended subsec. (a)(2). Suspension by Court Rule. Section 6322 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(2), adopted March 1, 2000, insofar as it is inconsistent with Rule 470. Cross References. Section 6322 is referred to in section 1585 of this title.

75 Pa.C.S. § 6323 Reports by courts.

Subject to any inconsistent procedures and standards relating to reports and transmission of funds prescribed pursuant to Title 42 (relating to judiciary and judicial procedure): (1) The following shall apply: (i) The clerk of any court of this Commonwealth, within ten days after final judgment of conviction or acquittal or other disposition of charges under any of the provisions of this title or under section 13 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, including an adjudication of delinquency or the granting of a consent decree, shall send to the department a record of the judgment of conviction, acquittal or other disposition. (ii) The following shall apply: (A) The clerk of any court of this Commonwealth shall, by January 1, 2016, send to the department each record of the following, including an adjudication of delinquency or the granting of a consent decree, that was not sent within ten days after final judgment of conviction or acquittal or other disposition: (I) A judgment of conviction, adjudication of delinquency or a granting of a consent decree under section 13 of The Controlled Substance, Drug, Device and Cosmetic Act. (II) A judgment of conviction, adjudication of delinquency or a granting of a consent decree under section 1532(c) (relating to suspension of operating privilege) for a conviction of any offense involving the possession, sale, delivery, offering for sale, holding for sale or giving away of any controlled substance under the laws of the United States, this Commonwealth or any other state. (B) A filing made under this subparagraph shall be valid for the purposes of this title. (2) A record of the judgment shall also be forwarded to the department upon conviction or acquittal of a person of a felony, a misdemeanor of the first degree or a misdemeanor of the second degree in the commission of which the judge determines that a motor vehicle was essentially involved. (3) The fines and bail forfeited under any of the provisions of this title payable to the Commonwealth under Subchapter E of Chapter 35 of Title 42 (relating to fines, etc.) shall accompany the record sent to the department. (4) The record of judgment required to be sent to the department by paragraphs (1) and (2) shall indicate if the vehicle driven by the person was a commercial motor vehicle. (5) The record of judgment required to be sent to the department by paragraphs (1) and (2) shall indicate if the court ordered the defendant to a term of prison. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; June 28, 1993, P.L.137, No.33, eff. 60 days; July 2, 1993, P.L.408, No.58, eff. 60 days; Feb. 10, 1994, P.L.20, No.3, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Oct. 27, 2014, P.L.2905, No.189, eff. imd.) 2014 Amendment. Act 189 amended par. (1). 1998 Amendment. Act 151 added par. (5). Suspension by Court Rule. Section 6323 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(2), adopted March 1, 2000, insofar as it is inconsistent with Rule 470. Cross References. Section 6323 is referred to in sections 1553, 1585 of this title.

75 Pa.C.S. § 6324 Failure to comply with provisions of subchapter.

(a) General rule.--Failure, refusal or neglect of any issuing authority or clerk of court to comply with any of the requirements of this subchapter is 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. (b) Removal from office.--Conviction shall be grounds for removal from office. Suspension by Court Rule. Section 6324 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(2), adopted March 1, 2000, insofar as it is inconsistent with Rule 470.

75 Pa.C.S. § 6325 Department records.

The department shall file all reports and records received under the provisions of this subchapter and shall maintain suitable records or facsimiles of the records. Suspension by Court Rule. Section 6325 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(2), adopted March 1, 2000, insofar as it is inconsistent with Rule 470.

75 Pa.C.S. § 6326 Traffic citation forms (Repealed).

1976 Repeal. Section 6326 was repealed December 2, 1976, P.L.1238, No.275, eff. imd.

75 Pa.C.S. § 6327 Inspection of records.

The records of the issuing authority, department and each police department required under this subchapter shall be open for inspection by any police officer or authorized employee of the department, the Department of Justice, the Department of Revenue, the Auditor General and the Court Administrator of the Supreme Court. References in Text. The Department of Justice, referred to in this section, was reorganized into the Office of Attorney General by the act of October 15, 1980 (P.L.950, No.164).

75 Pa.C.S. § 6328 Admissibility of department records.

The department may send to any authorized user by electronic transmission any certification of record or abstract of records maintained by the department. Permissible uses shall include, but not be limited to, certifications of driving records and motor vehicle records. The department may also certify electronically any documents certified to it electronically. Authorized users include State and local police, district attorneys, employees of the department and the Office of Attorney General and other persons or entities as determined by the department and listed by notice in the Pennsylvania Bulletin. In any proceeding before the courts or administrative bodies of this Commonwealth, documents certified by the department under this section and offered into evidence by an authorized user shall be admissible into evidence. (Dec. 21, 1998, P.L.1126, No.151, eff. imd.) 1998 Amendment. Act 151 added section 6328. Cross References. Section 6328 is referred to in section 3802 of this title.

75 Pa.C.S. § 6329 Data collection and reporting relating to traffic stops.

(a) Data collection.--Notwithstanding any law to the contrary, a Pennsylvania State Police officer or a local police officer shall collect, in a form and manner determined by the Pennsylvania State Police, the following information for any self-initiated traffic stop made under this title as authorized under section 6308 (relating to investigation by police officers): (1) The reason for the traffic stop. (2) The perceived race and ethnicity of the driver subject to the traffic stop. (3) The gender and age of the driver subject to the traffic stop. (4) Whether a search was initiated, including a search of a vehicle or the vehicle operator or passengers, and, if a search was initiated, whether the search was conducted with the consent of the operator or passengers. (5) The results of a search. (6) Whether the traffic stop or subsequent search resulted in a warning, citation, arrest or other action. (7) Any additional information the Pennsylvania State Police deems necessary. (b) Effect of failure to collect data.--The failure of a member of the Pennsylvania State Police or a local police officer to collect the data under subsection (a) shall not affect the validity of the underlying traffic stop. (c) Report by local police departments.--On an annual basis, a local police department shall transmit the data collected under subsection (a) by the local police officers employed by the local police department to the Pennsylvania State Police, or a third party designated by the Pennsylvania State Police with experience in the analysis of such data, for the preparation of an annual analysis and report based on the data. Upon receipt of the data, the Pennsylvania State Police or the third party shall immediately make the annual analysis and report, including any aggregate analysis of the data, publicly available by posting the annual analysis and report on a publicly accessible Internet website and transmitting a copy of the annual analysis and report to all of the following: (1) The chair and minority chair of the Transportation Committee of the Senate. (2) The chair and minority chair of the Transportation committee of the House of Representatives. (3) The Pennsylvania Commission on Crime and Delinquency. (4) The Pennsylvania Human Relations Commission. (d) Guidance and directives.--The Pennsylvania State Police shall issue guidance to all of the following: (1) If applicable, a third party designated by the Pennsylvania State Police on the organization and appearance of an analysis and report required under subsection (c). (2) Each local police department on the required method, manner and schedule for transmitting the data collected under subsection (a) to the Pennsylvania State Police or a third party designated by the Pennsylvania State Police under subsection (c). (e) Interdepartmental cooperation.--Local police departments may enter into agreements and jointly cooperate for the purpose of developing, sharing or implementing a system that satisfies this section. (f) Applicability.-- (1) The requirements under this section do not apply to a local police department that, on the effective date of this paragraph, is collecting the data specified in subsection (a), providing the data to a third party for analysis and making the results available to the public. (2) If a local police department stops collecting the data under subsection (a), providing the data to a third party for analysis or making the results available to the public, the local police department shall be subject to the requirements under this section. (g) Construction.--Nothing in this section shall be construed to prohibit data collected under this section from being shared with organizations that compile national data statistics. Data collected under subsection (a) shall not be accessible under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. (h) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Local police department." A police department that is: (1) a regional police department that provides police services to more than one municipality pursuant to an agreement or contract and serves a total population of more than 5,000 according to the 2020 Federal decennial census; or (2) a municipal police department for a municipality with a population of more than 5,000 according to the 2020 Federal decennial census. "Local police officer." An employee of a local police department who is empowered to: (1) Enforce 18 Pa.C.S. (relating to crimes and offenses) and this title. (2) Make traffic stops under section 6308. "Self-initiated traffic stop." A traffic stop, regardless of the outcome, that was initiated as a result of a reasonable suspicion or probable cause of a violation of traffic or criminal law. (June 5, 2024, P.L.366, No.18, eff. 18 months) 2024 Amendment. Act 18 added section 6329. The preamble of Act 18 provided that Act 18 may be referred to as Paul Miller's Law.

75 Pa.C.S. § 6341 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: "Commission." The Municipal Police Officers' Education and Training Commission established under the act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law. "Commissioner." The Commissioner of the Pennsylvania State Police. "Motor vehicle pursuit." An active attempt by a police officer operating a motor vehicle to apprehend one or more occupants of a motor vehicle when the driver of the vehicle is resisting the apprehension by maintaining or increasing his speed or by ignoring the police officer's audible or visual signal to stop. References in Text. The act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law, referred to in the def. of "commission," was repealed by the act of December 19, 1996 (P.L.1158, No.177). The subject matter is now contained in Subchapter D of Chapter 21 of Title 53 (Municipalities Generally).

75 Pa.C.S. § 6342 Written policies required.

(a) General rule.--Each police department shall develop and implement a written emergency vehicle response policy governing the procedures under which a police officer should initiate, continue and terminate a motor vehicle pursuit. This policy may be the model policy endorsed by a national or state organization or association of police chiefs or police officers. The written policy shall incorporate the guidelines under this section. (b) Intent of guidelines.--The guidelines under this section are solely intended to direct police departments to maintain pursuit policies and outline the content of those pursuit policies. The guidelines contained in this section are not intended to mandate the actions of individual police officers during any particular pursuit. (c) Policy guidelines.--Each police department policy shall include, but not be limited to, the following procedural elements: (1) Decision making criteria or principles for initiation of pursuit. These criteria or principles may include, but not be limited to: (i) The potential for harm or immediate or potential danger to others if the fleeing individual or individuals escape. (ii) The seriousness of the offense committed or believed to have been committed by the individual or individuals attempting to flee. (iii) Safety factors that pose a risk to police officers, other motorists, pedestrians and other persons. (2) Responsibilities of the pursuing officers. (3) Responsibilities for the communications center. (4) Responsibilities of the field supervisor. (5) Traffic regulations during pursuit, including, but not limited to, the use of emergency equipment, audio signals and visual signals. (6) Pursuit tactics. (7) Roadblock usage. (8) Communication and coordination of pursuit protocol for interjurisdictional pursuit. (9) Decision making criteria or principles for termination of pursuit. These criteria or principles may include, but not be limited to, safety factors that pose a risk to police officers, other motorists, pedestrians and other persons. (d) Biennial certification.--The commission shall certify every other year whether each department has a pursuit policy in force. The commission shall provide to the Pennsylvania State Police a list of those municipal police departments that have and have not notified or certified to the commission that that department has a pursuit policy. The biennial certification may be implemented simultaneously with other certifications conducted by the commission. (e) Policy confidential.--A policy adopted under this section shall be confidential and shall not be made available to the general public. (f) Limitations.--No police departmental policy may violate or supersede the requirements of section 3105 (relating to drivers of emergency vehicles). Cross References. Section 6342 is referred to in section 6344 of this title.

75 Pa.C.S. § 6343 Pursuit records.

(a) General rule.--All police departments shall maintain records of all motor vehicle pursuits. (b) Procedure.--The commissioner, in consultation with the Pennsylvania Chiefs of Police Association and the Fraternal Order of Police, shall develop a reporting mechanism for which all police departments must comply and submit records of all motor vehicle pursuits. The commissioner, with the approval of the commission, shall determine the most efficient and least burdensome procedure for which this reporting requirement shall be carried out. This procedure may be incorporated at the discretion of the commissioner within existing or forthcoming uniform crime reporting functions, including a national incident-based reporting system. (c) Content.--The report shall include, but not be limited to, the following information: (1) Reason for pursuit. (2) Injuries, if any, and to what persons. (3) Property damage, if any. (4) Deaths, if any. (5) Suspect information, including statute violations and apprehension status of the suspect. (6) Any other information deemed necessary by the commissioner to evaluate and improve pursuit policies. (d) Implementation.--The commissioner may implement the reporting requirements to coincide with the timing of the implementation of a national incident-based reporting system within this Commonwealth. Cross References. Section 6343 is referred to in section 6344 of this title.

75 Pa.C.S. § 6344 Pennsylvania State Police report.

(a) Annual report.--The Pennsylvania State Police shall compile pursuit data sent to it by individual police departments on an annual basis. The Pennsylvania State Police shall make an annual report based on Statewide data to the Appropriations Committee, the Transportation Committee and the Judiciary Committee of the Senate, the Appropriations Committee, the Transportation Committee and the Judiciary Committee of the House of Representatives, the Department of Transportation, the Office of Attorney General, the Law and Justice Committee of the Senate and all police departments which contribute to the report. (b) Contents.--The Statewide report shall include, but not be limited to, the following information: (1) Statewide totals or averages of information collected under section 6343(b) (relating to pursuit record). (2) The total number and percentage of pursuits involving accidents. (3) The total number and percentage of pursuits involving injuries. (4) The total number and percentage of pursuits involving deaths. (5) The percentage of fleeing individuals who are charged with nonpursuit-related offenses and a numerically totaled breakdown of those nonpursuit-related charges. (6) A list of police departments which have not notified or certified to the commission that they have a pursuit policy as required by section 6342 (relating to written policies required). (c) Submission of annual report.--The Pennsylvania State Police shall submit the first annual report after the first full calendar year of data collection.

75 Pa.C.S. § 6345 Liability.

This subchapter does not increase the liability nor decrease the protection afforded municipalities and their employees under 42 Pa.C.S. Ch. 85 Subch. C (relating to matters affecting government units).

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75Fetched: 10/16/2026