PHILADELPHIA POLICE · PDF filePHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.6 SUBJECT:...

DIRECTIVE 12.6 - 1

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.6

SUBJECT: ABANDONED VEHICLES

1. POLICY

A. All abandoned vehicle information shall be recorded on an Abandoned Vehicle Report

(75-140).

B. It is the primary responsibility of the Neighborhood Services Unit (NSU) to process an

abandoned vehicle as defined in the Pennsylvania Vehicle Code. They will be guided

by the procedures outlined in this Directive. Vehicles that pose an imminent safety or

health hazard, or are found to have a registration and an inspection sticker both of

which are expired for a period exceeding 90 days, shall be removed immediately by the

Police Department or by an authorized salvor. All other Districts/Unit police officers

will submit to the Neighborhood Services Unit a Complaint or Incident Report (75-48)

for an Unoccupied Vehicle Investigation.

NOTE: Non- NSU personnel are required to obtain District Control (DC#) numbers

when submitting a vehicle investigation 75-48 report to the Neighborhood

Services Unit.

C. By law, the owner of a vehicle, which has been identified as abandoned, has the right to

a hearing to declare why the vehicle is not abandoned. To abide by this, each certified

letter to the last known registered owner and/or lienholders on record will state, “Any

questions regarding the status of your vehicle should be directed to the Neighborhood

Services Unit. This will constitute a hearing.”

2. ON-LINE INCIDENT TRANSMITTAL SYSTEM

A. The on-line computer Incident Transmittal System (INCT) is the computerized record

of an initial complaint, incident, or offense (refer to Computer Training Bulletin 97-3).

All applicable information supplied on the 75-140 (paper copy) will be entered into the

(INCT) 75-48 screen by the Operations Room Supervisor (ORS) or designee wherein

the complaint or incident occurred or exists. District personnel must make any and all

changes to the ‘update screen’ within five (5) days of the reported incident.

B. All personnel responsible for the integrity of the INCT will ensure that all entries are

accurate and complete.

Issued Date: 01-21-10 Effective Date: 01-21-10 Updated Date:

DIRECTIVE 12.6 - 2

3. DEFINITION OF AN ABANDONED VEHICLE A. Motor Vehicle:

1. One that is physically inoperable and is left unattended on a highway or other

public property for more than forty-eight (48) hours.

2. Has remained illegally parked on a highway or other public property for a period

of more than forty-eight (48) hours.

3. That is left unattended on or along a highway or other public property for more

than forty-eight (48) hours and does not bear all of the following:

a. Valid registration plate.

b. A current certificate of inspection.

c. An ascertainable vehicle identification number.

4. Has remained on private property without the consent of the owner or person in

control of the property for more than twenty-four (24) hours.

5. Is found to have a vehicle registration and inspection sticker, both of which are

expired for a period exceeding ninety (90) days.

B. Imminent Health and Safety Hazard

1. Any vehicle exhibiting any one or a combination of the following factors will

be towed immediately:

a. Fluid(s) leaking from the vehicle.

b. Missing or broken windows.

c. One or more missing tires or wheels (i.e., on milk crates, braces, etc.).

d. Missing or seriously damaged (jagged) body parts.

e. Rodents and/or vermin present in or around the vehicle.

f. Known and documented storage container for drugs or drug paraphernalia in

the vehicle.

g. Vehicle possesses readily apparent unsanitary conditions and/or excessive

amount of refuse, garbage or debris.

DIRECTIVE 12.6 - 3

h. The vehicle presents a traffic hazard.

4. ENFORCEMENT PROCEDURES FOR ABANDONED VEHICLES A. Neighborhood Services Unit (NSU) personnel observing or receiving a Complaint or

Incident Report (75-48) for an apparent abandoned vehicle will:

1. Prepare an Abandoned Vehicle Report (75-140). Under the Details Section, record

the following information:

a. The year, make, model and color of the vehicle.

b. Vehicle registration number (license tag number) if available.

c. Vehicle identification number (manufacturer's serial number) if available. The

Abandoned Vehicle Officer will search the known locations on the vehicle to

determine this number.

d. Condition of the vehicle (no wheels, engine missing, etc).

NOTE: If the vehicle is an imminent safety or health hazard, record in the

remarks section of the Abandoned Vehicle Report (75-140) the specific

factors. Refer to Section 2-B for indicators.

e. Check the appropriate box for value of the vehicle. Refer to Appendix ‘A’ for

guidelines in determining value of vehicles.

f. Ascertain the owner and/or lien holder through Police Radio and record the

information on the Abandoned Vehicle Report (75-140).

g. Record the Salvor information on the Abandoned Vehicle Report (75-140)

when available.

EXCEPTION: If vehicle is an imminent safety or health hazard, contact an

NSU supervisor for immediate removal by a privately

contracted salvor. Otherwise, NSU operations personnel will

assign a salvor.

NOTE: Ensure that the vehicle identification number (VIN) and the

registration number (license plate number) are correctly recorded when

completing the Abandoned Vehicle Report (75-140).

DIRECTIVE 12.6 - 4

h. The NSU officer will obtain Abandoned Vehicle District Control (DC#)

numbers (UCR 3101) for the incident and record it on the Abandoned Vehicle

Report (75-140).

NOTE: Non-NSU Personnel are required to obtain District Control (DC#)

numbers when submitting an informational vehicle 75-48 report to the

NSU for an investigation of an unoccupied vehicle.

i. If it is determined that the vehicle is listed as stolen, officers will follow the

guidelines and procedures listed in Directive 12.7.

j. Give completed Abandoned Vehicle Report (75-140) yellow copy to tow

operator.

k. Give the completed Abandoned Vehicle Report (75-140) pink and gold copy to

the Operations Room Supervisor of District of Occurrence.

l. Give remaining copies of the Abandoned Vehicle Report (75-140) to the

Neighborhood Services Unit Operations Room Supervisor.

B. All Other District/Unit personnel observing a vehicle that meets the criteria of an

abandoned vehicle will:

1. Request a NSU officer to meet them at their location. If a divisional NSU unit is

not available have Police Radio notify a NSU supervisor.

2. If no NSU personnel are available prepare a Complaint or Incident report (75-48)

and record the following:

a. The year, make, model and color of the vehicle.

b. Vehicle Registration number (license tag) when available.

c. Vehicle Identification Number if available. The officer will search known

locations on the vehicle in an attempt to locate this number.

d. Condition of the vehicle.

NOTE: If it is determined by a patrol supervisor that the vehicle needs to be

towed to a safer location the supervisor will notify Police Radio and

request that Police Tow respond and relocate the vehicle.

e. Record location on the Complaint or Incident Report (75-48) where Police Tow

Squad relocated the vehicle.

DIRECTIVE 12.6 - 5

f. Ascertain the owner and/or lien holder through Police Radio and record all

information (if available) on the Complaint or Incident report (75-48).

g. If it is determine that the vehicle is listed as stolen, the officer will follow the

guidelines and procedures outlined in Directive 12.7.

h. Submit the completed Complaint or Incident report (75-48) to the Operations

Room Supervisor (ORS) in the district of occurrence.

C. Police Radio will:

1. Determine the owner of the vehicle if possible by making an inquiry of the CLEAN

system using the Vehicle Identification Number (VIN) when available.

2. Relay all owner and/or lien holder information to the requesting officer.

3. Notify a NSU supervisor and request they contact a privately contracted salvor to

remove the vehicle, relaying all pertinent information.

4. Notify the Police Tow Squad and request that the vehicle be removed when an

NSU supervisor is unavailable and patrol supervisor determined the vehicle to be

an imminent safety or health hazard.

NOTE: Tow Squad will record all pertinent information supplied to them by

Police Radio on their towing report.

D. The NSU Operations Room Supervisor (ORS) will:

1. Upon receipt of the completed Abandoned Vehicle Report (75-140):

a. Review the 75-140 for accuracy and completeness.

b. Distribute the completed copy of the 75-140 to the Abandoned Vehicle

Operations personnel for further processing.

2. Evaluate all 311 service requests for sufficient information. If information is

insufficient (e.g. no location, no vehicle information) request will be rejected

back to a 311 supervisor with explanation for necessary action. Otherwise, the

request will be processed and completed according to the guidelines set forth in

this Directive.

3. Upon receipt of a completed Complaint or Incident report (75-48) will:


DIRECTIVE 12.6 - 6

b. Distribute the completed copy of the 75-48 to the Abandoned Vehicle Officer

assigned to the district of occurrence.

E. The Operations Room Supervisor of the District of Occurrence will:

1. Upon receipt of the completed Complaint or Incident report will:


b. Distribute the 75-48 as follows:

1) White Copy – Reports Control Unit, PHQ’s Room 302

2) Yellow Copy – District File

3) Pink Copy – Forward to Neighborhood Services Unit

2. Upon receipt of a completed Abandoned Vehicle Report (75-140) will:


b. Distribute the 75-140 as follows:

1) Pink –Reports Control Unit, PHQ’s Room 302.

2) Gold – Retain in district file.

F. NSU Abandon Vehicle Operations personnel upon receipt of a completed Abandoned

Vehicle report (75-140) that does or does not have a salvor assigned will:

1. Determine the owner through the computer terminal using the CLEAN system and

enter the Vehicle Identification Number when available.

NOTE: If the vehicle is listed as stolen, follow guidelines and procedures outlined

in Directive 12.7.

2. Record name and address of owner and/or lien holder on the Abandoned Vehicle

report (75-140). If unable to determine an owner indicate this on the Abandoned

Vehicle report (75-140).

3. Any vehicle seven (7) years old or newer and the Vehicle Identification Number

(VIN) is unavailable, will assign the Abandoned Vehicle report (75-140) for further

investigation.

DIRECTIVE 12.6 - 7

NOTE: Any vehicle seven (7) years old or newer where an owner has not been

determined, NSU will contact the National Insurance Crime Bureau

(N.I.C.B) to establish ownership. The NICB is a not-for-profit

organization that receives support from law enforcement agencies to

facilitate the identification, detection and prosecution of insurance

criminals.

4. Assign a salvor if one has not been assigned, record this information on the

Abandoned Vehicle report (75-140) and forward the yellow copy to the tow

operator who will tow the vehicle.

5. Enter information from the Abandoned Vehicle report (75-140) into the pre-

formatted abandoned vehicle file (ABVE) as a towed vehicle when a salvor has

been assigned. When there is no salvor assigned, enter the vehicle information

from the Abandoned Vehicle report (75-140) into the computer Abandoned Vehicle

File (ABVE) as a report prepared and file in a forty-eight (48) hour tickler file.

NOTE: At the expiration of the forty-eight (48) hours, attach the returned

completed yellow copy of the 75-140 and update the ABVM file as the

vehicle being towed or not towed.

6. Vehicles that are towed will follow procedures for further processing. Vehicles not

towed will be filed in the “closed files”.

G. Preparation of Commonwealth of Pennsylvania Form MV-952 and MV-952S by NSU

personnel:

1. Prepare in duplicate MV-952 (07-03) “Police Request for Removal of Abandoned

Vehicle” and MV-952S (03-00) “Abandoned Vehicle Indemnity Agreement” (for

vehicles valued less then $500) NSU officers after inspecting the vehicle will

complete Sections “A” and “B” on this form.

2. A copy of the MV-952 and MV-952S when applicable will be picked up at the

Neighborhood Services Unit by the Salvor.

3. A copy of the MV-952 and MV-952S when applicable will placed in the

Neighborhood Services Unit’s “closed files”.

4. Send a certified letter to the registered owner and/or lien holder.

5. Enter the certified receipt number and date sent next to the register owners and on

the transmittal sheets.

6. File certified receipts, transmittals and undeliverable certified letters for Abandoned

Vehicles in the unit’s “closed files”.

DIRECTIVE 12.6 - 8

7. If a vehicle has been removed and owner established, a PVR – Philadelphia Traffic

Code – Title 12 Section 1120 will be issued.

8. If the vehicles owner has not been established (VIN missing) do not issue a TVR.

9. All cases where certified letters are unclaimed, notifications will be kept on file for

one (1) calendar year.

H. Neighborhood Services Unit personnel receiving a request to remove an abandoned

vehicle from private property will:

1. If request is from a private property owner:

a. Follow procedures in “Enforcement of Abandoned Vehicles” listed in Section

4-A-1 of this Directive.

b. Have the property owner fill out Section “A” of the MV-952PP (06-03)

“Abandoned Vehicle on Private Property report by Property Owner” Form.

c. Neighborhood Services Unit personnel will fill out Section “B” of the form.

d. Distribution of the MV-952PP is as follows:

1) Property owner retains the pink copy.

2) Neighborhood Services Unit retains the yellow copy along with the

completed 75-140, MV-952, MV-952S (when applicable) and certified

letter to the registered owner in the unit’s “closed files”.

3) Neighborhood Services Unit Operations personnel will attach the white

copy of the MV-952PP to the completed MV-852 form (salvors copy).

2. If request is from any other City Agency:

a. Follow procedures in “Enforcement of Abandoned Vehicles” listed in

Section 4-A-1 of this Directive.

b. Neighborhood Services Unit retains the documentation of the request along

with the completed 75-140, MV-952, MV-952S (when applicable) and

certified letter to registered owner in the unit’s “closed files”.

DIRECTIVE 12.6 - 9

RELATED PROCEDURES: Directive 12.7, Vehicle Theft Investigations

BY COMMAND OF THE POLICE COMMISSIONER

DIRECTIVE 12.6 - 1 APPENDIX “A”


APPENDIX “A”

SUBJECT: DETERMINING VALUE FOR ABANDONED VEHICLES

1. POLICY

A. All vehicles that qualify as “salvage vehicles” should be stated as so and not be given a

value. The following are guidelines for determining the value of abandoned vehicles

from the Pennsylvania Department of Transportations (Penn DOT’s) procedure manual.

These specifications for determining the value of an abandoned vehicle are only

guidelines; you must use your own judgment in determining a fair value for the

vehicle.

**NOTE: If the vehicle is valueless, and there is no known owner and no vehicle identification

number, (example: burned vehicle) check “Non-repairable (No Vin).” Non-Repairable

vehicles may never be re-titled. If the vehicle is not of a value of at least $500 for resale as a

total vehicle or for parts, check “Salvage Vehicle.” If the vehicle has a value over $501 for

resale or for parts, check the proper estimated value box.

1 POLICE DEPARTMENT – Complete name and address of Police Department

including district if appropriate, that declared the vehicle abandoned.

2 POLICE CONTROL # - If applicable to your Department.


POLICE DEPARTMENT POLICE 2

___________________________________ CONTROL #___________________________

NAME 1

ADDRESS

__________________________________________________________________________

ADDRESS

VALUE**

3

Salvage Vehicle (with a vin) for $500 or less Value $501 to $1000

NOTE: If vehicle is being crushed, Form MV-952S must

Be attached. (photo required) Value $1001 to $5000

Non-repairable (No Vin)(See information note

On reverse side of form.) Value $5001 and greater


3. GUIDELINES FOR USE IN DETERMINING THE VALUE OF

ABANDONED VEHICLES:

Non-Repairable Vehicle – A “Non-Repairable” does not have a VEHICLE

IDENTIFICATION NUMBER and does not have a KNOWN OWNER and is

normally more than NINE (9) YEARS OLD and showing any of the following:

a. Major key items of value are missing.

b. Severe damage from fire.

c. Severe damage from accident or vandalism.

NOTE: You may have a new vehicle that could be a Non-Repairable. Non-

Repairable may never be re-titled.

2. DETERMINING VALUE

A. The presence or absence of key items of value, and the condition of these items should

be your main guideline in determining the total value of an abandoned vehicle.

B. Key items of value:

1. Motor

a. Large engines have more value than small engines.

2. Transmission

a. Automatics have more value than manuals.

3. Computer Components

a. Late model components have a value irregardless of the condition of the

vehicle.

b. Water or fire damage will usually make components valueless.

4. Wiring Harness

a. Late model components have a value irregardless of the condition of the

vehicle.

b. Water or fire damage will usually make components valueless.


5. Body Parts

a. Condition will directly affect value.

6. Mileage

a. High or unknown mileage will seriously decrease value.

b. Low mileage will increase value.

3. VALUE GUIDELINES

A. Any vehicle less than six (6) years old usually has a value in excess of $501.

B. Within reason, the presence of most key items of value on a vehicle at least ten (10)

years old will normally result in the vehicle to have a value in excess of $1000.

C. A complete vehicle less than four (4) years old with minimum damages will normally

have a value in excess of $5000.

D. A vehicle over 10 years old that is not a classic or antique that has the normal wear and

tear for a vehicle of that age may usually be considered to have a value of less than

$501.

NOTE: These are guidelines only. The condition of each vehicle must be

considered before the determination of value is made.

The Salvor is required to provide the Department with photo(s) of any vehicle that is

valueless except for junk.

BY COMMAND OF THE POLICE COMMISSIONER

DIRECTIVE 12.6 - 1 APPENDIX “B”


APPENDIX “B”

SUBJECT: CONTRACTED SALVORS

1. POLICY

A. The contracted salvors will comply with all procedures and requirements mandated by

the City of Philadelphia and the Commonwealth of Pennsylvania/Department of

Transportation, Bureau of Motor Vehicles and Licensing, Abandoned Vehicle Section.

B. These procedures will include, but not be restricted to, the following:

1. After receiving the "Abandoned Vehicle Report," (75-140) the salvor will remove

the abandoned vehicle to his storage facility.

a. The vehicle will be removed within 24 hours of receiving the “Abandoned

Vehicle Report” (75-140).

b. The salvor will have in his physical possession, a copy of the Abandoned

Vehicle reports (75-140), received from the Neighborhood Services Unit, as his

authorization to remove the vehicle from the street during actual towing

operations.

c. Salvors are authorized to remove abandoned vehicles during daylight hours

only and never after 8:00 PM (seven (7) days a week).

2. When the salvor has removed the abandoned vehicle, he will:

a. Take a photograph of the abandoned vehicle.

b. Return yellow copy of the Abandoned Vehicle report (75-140) (tows that are

assigned) or fax daily tow reports to Neighborhood Services Unit as notification

that the abandoned vehicle has been removed from the street.

c. Salvor will complete section "C" of the MV-952 form and send the original to

the State Abandoned Vehicle Unit within 48 hours (a value vehicle only). All

other MV-952 forms (valueless vehicle) must submit after the date scheduled to

be purged.



NOTE: Once a valueless MV-952 is submitted to the Department, the vehicle

cannot be given back to the owner. The salvor is responsible for all

MV-952 forms submitted to the Department.

d. If the vehicle is deemed valueless, the salvor must also submit a photograph of

the vehicle along with the MV-952 form and MV-952S form to the state.

3. Should the abandoned vehicle not be at the location indicated on the 75-140:

a. The salvor will return the yellow copy of the 75-140 (tows that are assigned) to

the unit or record this information on the daily tow report. Noted on the 75-140

by the salvor will be the following "vehicle not removed, unable to locate".

b. The salvor will put his signature and date on the 75-140.

4. The State Abandoned Vehicle Unit, after receiving the MV-952 form from the

salvor, will prepare a notification of Abandoned Vehicle form and mail copies to

the owner, salvor, and lien holder stating that the owner has 30 days to claim his

vehicle from the salvor. (valued vehicles only).

a. Failure of the owner or lien holder to reclaim the vehicle will be deemed

consent by owner and/or lien holders to the destruction, sale, or other

disposition of the vehicle, free and clear of all liens and claims.

5. Disposal of Vehicles:

a. Claimed vehicles - If the vehicle is claimed, the owner must pay all towing and

storing charges in addition to a $50 fee (valued vehicles) to the salvor. The

owner will sign an MV-956 form “Salvor’s Application/Invoice For

Settlement” and the Salvor will complete Sections “A,” "B" & “D” and forward

a $25 fee to the state. All other MV-952 forms (valueless vehicles) will be filed

in the “closed files.”

b. If after 30 days from the date on the MV-954 the vehicle is not claimed and if

the vehicle has value, the salvor should complete Sections “A”, “C” & “D” of

MV-956 form, salver’s Application/Invoice For Settlement” The vehicle will

be sold at public auction.

c. After the MV-952 form and MV-952S form is submitted to the state for any

vehicle that is a Salvage Vehicle (with a VIN) (valueless vehicles) the salvor

will be reimbursed $15.00. In this instance, the 30-day waiting period is not

required.


d. All exchanges of funds, state forms, and other related correspondence

concerning the disposal of abandoned vehicles will be conducted between the

salvors and the State Abandoned Vehicle Unit.

BY COMMAND OF THE POLICE COMMISSONER

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