§ 3352. Removal of vehicle by or at direction of police.
(a) Outside business and residence districts.--Whenever any police officer finds a vehicle in violation of any of the provisions
of section 3351 (relating to stopping, standing and parking outside business and residence
districts), the officer may move the vehicle, or cause the vehicle to be moved, or
require the driver or other person in charge of the vehicle to move the vehicle, to
a position off the roadway where the vehicle will not interfere unduly with the normal
movement of traffic or constitute a safety hazard.
(b) Unattended vehicle obstructing traffic.--Any police officer may remove or cause to be removed to a place of safety any unattended
vehicle illegally left standing upon any highway, bridge, causeway or in any tunnel,
in such position or under such circumstances as to interfere unduly with the normal
movement of traffic or constitute a safety hazard.
(c) Removal to garage or place of safety.--Any police officer may remove or cause to be removed to the place of business of the
operator of a wrecker or to a nearby garage or other place of safety any vehicle found
upon a highway under any of the following circumstances:
(1) Report has been made that the vehicle has been stolen or taken without the consent
of its owner.
(2) The person or persons in charge of the vehicle are physically unable to provide for
the custody or removal of the vehicle.
(3) The person driving or in control of the vehicle is arrested for an alleged offense
for which the officer is required by law to take the person arrested before an issuing
authority without unnecessary delay.
(4) The vehicle is in violation of section 3353 (relating to prohibitions in specified
places) except for overtime parking.
(5) The vehicle has been abandoned as defined in this title. The officer shall comply
with the provisions of Chapter 73 (relating to abandoned vehicles and cargos).
(d) Notice to owner prior to removal.--
(1) Prior to removal of an abandoned vehicle bearing a registration plate, current certificate
of inspection or vehicle identification number plate by which the last registered
owner of the vehicle can be determined, the police department shall send a notice
by certified mail to the last registered owner of the vehicle informing the owner
that unless the vehicle is moved to a suitable location within seven days of the date
notice is mailed, the vehicle will be removed under this section and held at a suitable
facility where it may be reclaimed by the owner in accordance with the provisions
of section 7306 (relating to payment of costs upon reclaiming vehicle). If the abandoned
motor vehicle does not bear an identifiable registration plate, current certificate
of inspection or vehicle identification number plate, the notice may be secured to
the vehicle.
(2) If, within the seven-day period, the owner so requests, the owner shall be given an
opportunity to explain to the police officer or department why the owner believes
the vehicle should not be removed. If the police officer or department determines
that the vehicle shall, nonetheless, be removed, the owner shall be given an additional
48 hours to remove the vehicle, have it removed or demand a hearing, which shall conform
to the requirements of 2 Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure
of local agencies). The police officer or department shall inform the owner of the
right to a hearing by delivering to the owner a notice warning the owner that, unless
the vehicle is removed or a hearing is demanded, the owner shall be subject to the
provisions of section 7306. If, as a result of the hearing, it is determined that
the vehicle will be removed, the owner shall be given an additional 48 hours to remove
the vehicle or have it removed. The hearing shall be before a civilian officer or
employee of the municipality in which the vehicle is located.
(3) The provision for notice set forth in this subsection is applicable only if the vehicle
is abandoned upon a highway and is not in violation of subsection (b) or section 3351(a)
or 3353. Notice under this subsection is in addition to any other notice requirements
provided in Chapter 73.
(4) This subsection does not apply to nonrepairable vehicles.
(Apr. 3, 1984, P.L.181, No.33, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152, eff.
60 days)
2002 Amendment. Act 152 amended subsecs. (c) and (d).
Notes of Decisions
Cited in
30
cases (
11 in the last 5 years), 1979–2025 · leading case:
Commonwealth v. Bailey, 986 A.2d 860 (Pa. Super. Ct. 2009).
Commonwealth v. Bailey, 986 A.2d 860 (Pa. Super. Ct. 2009).
· cites it 6× “¶ 11 The right for the police to tow a car is derived from 75 Pa.C.S. § 3352. Specifically relevant to this case is section 3352(c)(3): (c) Removal to garage or place of safety.”
Com. v. Floyd, D., 313 A.3d 1061 (Pa. Super. Ct. 2024).
· cites it 8× “75 Pa.C.S. § 3352. This statutory power is above the traditional caretaking function which allowed police to remove cars which presented some hazard to the public or impaired the movement of traffic.”
Commonwealth v. Hennigan, 753 A.2d 245 (Pa. Super. Ct. 2000).
· cites it 4× “Under 75 Pa.C.S. § 3352(c)(3), police could remove to a garage or place of safety any vehicle found after "the person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before the issuing…”
Commonwealth v. Henley, 909 A.2d 352 (Pa. Super. Ct. 2006).
· cites it 4× “The factual situation present here fully supports the exercise of the traditional care-taking functions, as well as the statutory authority to tow the vehicle under 75 Pa.C.S. § 3352. ¶ 8 Here, Henley was pulled over, in part, because the registration sticker on his vehicle was…”
Mays v. Scranton City Police Dep't, 87 F.R.D. 310 (M.D. Penn. 1979).
· cites it 9× “Plaintiff contends that the taking of his automobile under 75 Pa.Cons.Stat.Ann. § 3352 (Purdon 1977) and the de facto creation of a mechanic’s lien in favor of the tower under 75 Pa.”
In the Interest of: M.W., a Minor, 194 A.3d 1094 (Pa. Super. Ct. 2018).
· cites it 2× “Under 75 Pa.C.S. § 3352(c)(3), police could remove to a garage or place of safety any vehicle found after "the person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before the issuing…”
Commonwealth v. Collazo, 654 A.2d 1174 (Pa. Super. Ct. 1995).
· cites it 2× “§ 3352(c)(3), police could remove to a garage or place of safety any vehicle found after “[t]he person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before an issuing authority without…”
Commonwealth v. Thurman, 872 A.2d 838 (Pa. Super. Ct. 2005).
· cites it 2× “These concerns are further embodied in 75 Pa.C.S. § 3352 which sets forth allowable.”
Commonwealth v. Leet, 585 A.2d 1033 (Pa. Super. Ct. 1991).
· cites it 2× “[4] Other provisions of the Vehicle Code which vest in police officers the authority to enforce traffic laws include the following: 75 Pa.C.S. § 3352 (authorizing police officers to remove stopped, standing, or parked vehicles); 75 Pa.”
Harkovich v. Pfirrmann, 627 A.2d 776 (Pa. Super. Ct. 1993).
· cites it 3× “The Majority begins its discussion by asserting that the Harkoviches’ vehicles were towed pursuant to the Vehicle Code, 75 Pa.C.S. § 3352. However, the Majority does not indicate which of the four subsections of § 3352 it is applying.”
Cent. Transp., LLC v. Atlas Towing, Inc., 884 F. Supp. 2d 207 (E.D. Pa. 2012).
“We note, however, that in construing an analogous statute — 75 Pa. Cons. Stat. Ann. § 3352(d)(1), concerning the removal and storage of abandoned vehicles — the Fayette County Court of Common Pleas concluded that the statute imposed a lien on the vehicle in favor of the towing…”
— 75 Pa. Cons. Stat. § 3352(a) — 1 case
Com. v. Floyd, D., 313 A.3d 1061 (Pa. Super. Ct. 2024).
“75 Pa.C.S. § 3352. This statutory power is above the traditional caretaking function which allowed police to remove cars which presented some hazard to the public or impaired the movement of traffic.”
— 75 Pa. Cons. Stat. § 3352(b) — 3 cases
Commonwealth v. Henley, 909 A.2d 352 (Pa. Super. Ct. 2006).
“The factual situation present here fully supports the exercise of the traditional care-taking functions, as well as the statutory authority to tow the vehicle under 75 Pa.C.S. § 3352. ¶ 8 Here, Henley was pulled over, in part, because the registration sticker on his vehicle was…”
Commonwealth v. Thurman, 872 A.2d 838 (Pa. Super. Ct. 2005).
“These concerns are further embodied in 75 Pa.C.S. § 3352 which sets forth allowable.”
— 75 Pa. Cons. Stat. § 3352(c) — 3 cases
Mays v. Scranton City Police Dep't, 87 F.R.D. 310 (M.D. Penn. 1979).
“Plaintiff contends that the taking of his automobile under 75 Pa.Cons.Stat.Ann. § 3352 (Purdon 1977) and the de facto creation of a mechanic’s lien in favor of the tower under 75 Pa.”
— 75 Pa. Cons. Stat. § 3352(c)(2) — 2 cases
— 75 Pa. Cons. Stat. § 3352(c)(3) — 9 cases
Commonwealth v. Bailey, 986 A.2d 860 (Pa. Super. Ct. 2009).
“¶ 11 The right for the police to tow a car is derived from 75 Pa.C.S. § 3352. Specifically relevant to this case is section 3352(c)(3): (c) Removal to garage or place of safety.”
Commonwealth v. Hennigan, 753 A.2d 245 (Pa. Super. Ct. 2000).
“Under 75 Pa.C.S. § 3352(c)(3), police could remove to a garage or place of safety any vehicle found after "the person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before the issuing…”
Com. v. Floyd, D., 313 A.3d 1061 (Pa. Super. Ct. 2024).
“75 Pa.C.S. § 3352. This statutory power is above the traditional caretaking function which allowed police to remove cars which presented some hazard to the public or impaired the movement of traffic.”
In the Interest of: M.W., a Minor, 194 A.3d 1094 (Pa. Super. Ct. 2018).
“Under 75 Pa.C.S. § 3352(c)(3), police could remove to a garage or place of safety any vehicle found after "the person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before the issuing…”
Commonwealth v. Collazo, 654 A.2d 1174 (Pa. Super. Ct. 1995).
“§ 3352(c)(3), police could remove to a garage or place of safety any vehicle found after “[t]he person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before an issuing authority without…”
— 75 Pa. Cons. Stat. § 3352(c)(4) — 2 cases
— 75 Pa. Cons. Stat. § 3352(c)(5) — 1 case
— 75 Pa. Cons. Stat. § 3352(d) — 2 cases
Mays v. Scranton City Police Dep't, 87 F.R.D. 310 (M.D. Penn. 1979).
“Plaintiff contends that the taking of his automobile under 75 Pa.Cons.Stat.Ann. § 3352 (Purdon 1977) and the de facto creation of a mechanic’s lien in favor of the tower under 75 Pa.”
— 75 Pa. Cons. Stat. § 3352(d)(1) — 3 cases
Cent. Transp., LLC v. Atlas Towing, Inc., 884 F. Supp. 2d 207 (E.D. Pa. 2012).
“We note, however, that in construing an analogous statute — 75 Pa. Cons. Stat. Ann. § 3352(d)(1), concerning the removal and storage of abandoned vehicles — the Fayette County Court of Common Pleas concluded that the statute imposed a lien on the vehicle in favor of the towing…”
Mays v. Scranton City Police Dep't, 87 F.R.D. 310 (M.D. Penn. 1979).
“Plaintiff contends that the taking of his automobile under 75 Pa.Cons.Stat.Ann. § 3352 (Purdon 1977) and the de facto creation of a mechanic’s lien in favor of the tower under 75 Pa.”
— 75 Pa. Cons. Stat. § 3352(d)(3) — 1 case
Harkovich v. Pfirrmann, 627 A.2d 776 (Pa. Super. Ct. 1993).
“The Majority begins its discussion by asserting that the Harkoviches’ vehicles were towed pursuant to the Vehicle Code, 75 Pa.C.S. § 3352. However, the Majority does not indicate which of the four subsections of § 3352 it is applying.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.