PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.6

Transcription

1 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.6 Issued Date: Effective Date: Updated Date: 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 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 (paper copy) will be entered into the (INCT) 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. DIRECTIVE

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

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

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 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 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

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 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 for accuracy and completeness. b. Distribute the completed copy of the 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: a. Review the for accuracy and completeness. DIRECTIVE

6 b. Distribute the completed copy of the 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: a. Review the for accuracy and completeness. b. Distribute the 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: a. Review the for accuracy and completeness. b. Distribute the as follows: 1) Pink Reports Control Unit, PHQ s Room ) 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 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

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 preformatted 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 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

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 , 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 , MV-952, MV-952S (when applicable) and certified letter to registered owner in the unit s closed files. DIRECTIVE

9 RELATED PROCEDURES: Directive 12.7, Vehicle Theft Investigations BY COMMAND OF THE POLICE COMMISSIONER DIRECTIVE

10 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.6 APPENDIX A Issued Date: Effective Date: Updated Date: 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. 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 **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. DIRECTIVE APPENDIX A

11 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. DIRECTIVE APPENDIX A

12 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 APPENDIX A

13 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.6 APPENDIX B Issued Date: Effective Date: Updated Date: 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. DIRECTIVE APPENDIX B

14 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 : a. The salvor will return the yellow copy of the (tows that are assigned) to the unit or record this information on the daily tow report. Noted on the by the salvor will be the following "vehicle not removed, unable to locate". b. The salvor will put his signature and date on the 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 $ In this instance, the 30-day waiting period is not required. DIRECTIVE APPENDIX B

15 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 DIRECTIVE APPENDIX B