75 Pa. C.S. § 6308

Current through P.A. Acts 2023-66

Section 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.

75 Pa.C.S. § 6308

Amended by P.L. 1645 2012 No. 203, § 3, eff. 12/24/2012.

1976, June 17, P.L. 162, No. 81, § 1, effective July 1, 1977. Amended 1983, July 22, P.L. 122, No. 32, § 4, imd. effective; 1984, Feb. 12, P.L. 26, No. 11, § 4, effective Oct. 1, 1984; 1985, June 19, P.L. 49, No. 20, § 10, effective in 60 days; 1990, Feb. 2, P.L. 2, No. 2, § 2, effective in 60 days; 1998, Dec. 21, P.L. 1126, No. 151, § 54, effective in 60 days; 2003, Sept. 30, P.L. 120, No. 24, § 17, effective Feb. 1, 2004.