§ 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)
Notes of Decisions
Cited in
3
cases, 1990–1992 · leading case:
Commonwealth v. Leet, 585 A.2d 1033 (Pa. Super. Ct. 1991).
Commonwealth v. Leet, 585 A.2d 1033 (Pa. Super. Ct. 1991).
· cites it 2× “§ 7123 (authorizing police officers to confiscate certificates or other documents issued by the department which are unlawfully possessed or used); 75 Pa.C.S. § 7310 (authorizing police officers to remove or direct removal of abandoned or wrecked vehicles and spilled cargo from…”
Norbert v. Com., State Police, 611 A.2d 1353 (Pa. Commw. Ct. 1992).
· cites it 2× “ Police officers may remove or direct removal of abandoned or wrecked vehicles and spilled cargo from any roadway to the nearest point off the roadway where the vehicle or spilled cargo will not interfere with or obstruct traffic.”
Susko v. Pennsylvania State Police, 572 A.2d 831 (Pa. Commw. Ct. 1990).
“75 Pa.C.S. § 7310(a) (emphasis added). Adams and Susko failed to allege that Hershberger, for whatever reason, either refused or failed to have his vehicle removed within a reasonable time, the effect of which would have been to activate the second sentence of Section 7310(a).”
— 75 Pa. Cons. Stat. § 7310(a) — 2 cases
Norbert v. Com., State Police, 611 A.2d 1353 (Pa. Commw. Ct. 1992).
“ Police officers may remove or direct removal of abandoned or wrecked vehicles and spilled cargo from any roadway to the nearest point off the roadway where the vehicle or spilled cargo will not interfere with or obstruct traffic.”
Susko v. Pennsylvania State Police, 572 A.2d 831 (Pa. Commw. Ct. 1990).
“75 Pa.C.S. § 7310(a) (emphasis added). Adams and Susko failed to allege that Hershberger, for whatever reason, either refused or failed to have his vehicle removed within a reasonable time, the effect of which would have been to activate the second sentence of Section 7310(a).”
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.