• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Town clerk asking to remove vehicle from driveway

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

RGlendale

Junior Member
Pennsylvania

I've been asked by the town clerk via certified letter to remove my summer car from my driveway within two weeks because it is not inspected. I looked up the ruling online for my county (the number provided on the letter) and it states that my vehicle must be:

1. Licensed
2. Registered
3. Able to move 100 yards under it's own power.

My car is legally insured and registered in PA with a valid license plate that expires in May. I contacted the town clerk and we had a polite discussion about this, but he claims that the vehicle must also have a valid inspection sticker in order to stay in my driveway. I have a brake caliper that it seized and while I can safely drive it, will not pass inspection until I pay my mechanic $300 to repair it.

I therefore wanted to park it for the winter and then use money from my tax return to do this repair. But now I'm being forced to either repair and inspect it now or find/pay for another place to park it for winter.

From a legal standpoint I believe I'm fulfilling the requirements but I don't know how to have this conversation without causing more trouble. Would any of you have advice? Would it help to get someone involved to talk with him or to verify the accuracy or interpretation of this law?
 


justalayman

Senior Member
without reading you complete post, I would suggest that you cannot have your car legally registered unless the inspection is up to date. If that is true, then your car is not legally registered and as such, is subject to the demands you have recieved.
 

drewguy

Member
This isn't a real property question, but the question you need to ask the clerk is what happens if you don't? Do you get a citation? Presumably you can challenge the citation and argue that you've fulfilled all the requirements. That is, of course, unless justalayman is right that registration requires timely inspections.

I dug this up on the PA DMV website. It suggests that registration and inspection are two separate things, and each can have their own expiry. I would interpret that to mean that while your car may not be street legal (expired inspection) it is properly registered and complies with the town rules. I would also suggest to the town that it amend its rules to require inspection as well, although why they care about a car in a driveway is beyond me.

Upon passing a safety inspection most passenger cars and light trucks will receive an inspection sticker valid for one year from the month of inspection or one year from the expiration of the current inspection sticker on the vehicle. Since 2005, Pennsylvania no longer requires that the inspection sticker expiration and vehicle registration expiration coincide for annually inspected vehicles. Vehicle owners can request that their inspection and registration expirations match, but this may result in a shortened inspection cycle initially. The chart for annually inspected vehicles below can be used to determine whether requesting a coordination of inspection and registration expirations will result in a short inspection cycle.
 
IN PA you can have it registered but not inspected. You just could not drive it on the road. Most local zoning have such rules about unregistered cars, but from what you posted I would think there going beyond what is law.
 

Zigner

Senior Member, Non-Attorney
What town/county? (And what code section?)
Pennsylvania

I've been asked by the town clerk via certified letter to remove my summer car from my driveway within two weeks because it is not inspected. I looked up the ruling online for my county (the number provided on the letter) and it states that my vehicle must be:

1. Licensed
2. Registered
3. Able to move 100 yards under it's own power.

My car is legally insured and registered in PA with a valid license plate that expires in May. I contacted the town clerk and we had a polite discussion about this, but he claims that the vehicle must also have a valid inspection sticker in order to stay in my driveway. I have a brake caliper that it seized and while I can safely drive it, will not pass inspection until I pay my mechanic $300 to repair it.

I therefore wanted to park it for the winter and then use money from my tax return to do this repair. But now I'm being forced to either repair and inspect it now or find/pay for another place to park it for winter.

From a legal standpoint I believe I'm fulfilling the requirements but I don't know how to have this conversation without causing more trouble. Would any of you have advice? Would it help to get someone involved to talk with him or to verify the accuracy or interpretation of this law?
 

Zigner

Senior Member, Non-Attorney
And, I'd like to point out that, with a seized caliper, you cannot safely/legally drive the vehicle 100 yards ;)
 

justalayman

Senior Member
so, what is the penalty if you fail to move the vehicle? (as previously asked) and if a citation, is there a process in place to contest the citation?

From what has been posted and a bit of research, I find your position acceptable. What I would do, in a non-confrontational manner is ask the town clerk to show or direct you to what ordinance supports their position. It would be best if they could actually show you the ordinance and you could read it and say "but I don't see anything that requires the inspection to be current. Mind explaining to me what part of the ordinance requires that?"
 

justalayman

Senior Member
Just - where did you see the name of his town posted?
I didn't. My post was based on the requirements stated which the first 2 were regarding state laws. The 3rd was a simple proof situation and since the OP states the vehicle can be moved, that one is fulfilled.


btw: a car can have a caliper that causes some serious problems when running down the road but idling it across the yard is not affected to such an extent that is would not be possible.
 

drewguy

Member
Clearly this ordinance/statute is aimed at the collection of junker cars. It's probably worth pointing out to the town clerk that this car doesn't come close to that definition (I assume) so that he should also exercise his discretion not to issue a citation that arguably isn't even permitted.
 

RGlendale

Junior Member
Thank you for all of your replies. If I miss any questions that were asked please let me know.

1. If I do not comply within 20 days, it will lead to prosecution of the matter before a magisterial district judge. I was told verbally that a fine would be the result.

2. Yes, in PA a car must be registered to be inspected but not the other way around. It also must be insured to remain registered which I have always done and can show proof to the burough.

3. Berks County, Borough of Sinking Spring, section 302 exterior property areas, subsection 302.8, with reference to the International Property Maintenance Code of 2006.

4. The rear passenger caliper is restricted in movement, approximately 1/4 travel compared to the other calipers. The other calipers work properly and are more than efficient to stop the vehicle in its current state (even at highway speeds). I noticed the caliper upon routine fall maintenance before parking the vehicle for the winter. You cannot feel it while driving.

5. I can appeal in writing within the 20 days and speak with the code enforcement officer. He was polite in a previous discussion but does appear (my observation) to be irritated by my vechicle in the driveway.

6. I understand why he may be motivated to issue the citation because the car was very dirty at the time and has a rust spot on the trunk where a friend offered to patch a paint chip and accidentally made it worse. But the car is certainly mobile and could be driven daily once inspected, but it's a rear wheel drive car and is not good in snow which is why I drive it in the summer only.
 

drewguy

Member
I have a brake caliper that it seized and while I can safely drive it, will not pass inspection
Is this in fact true? I know inspections vary by state, but is this something they'll catch? If not, just go get it inspected and be done with it.
 

Zigner

Senior Member, Non-Attorney
It will not pass in PA, they measure the thickness of the pads here and they must be functional.
And if they are NOT functional and able to pass inspection, they are, BY DEFINITION, not safe to drive on the road.
 

Zigner

Senior Member, Non-Attorney
This should pretty much put this to bed:


From: http://www.co.berks.pa.us/sinkingspringpd/cwp/view.asp?a=1674&Q=465468&sinkingspringpdPNavCtr=|&TNID=29762#29762

( http://tinyurl.com/yc86kke )

Abandoned Vehicles

A vehicle is considered abandoned if it is physically inoperable, does not have a valid inspection sticker, a valid registration plate or vehicle identification number and is left unattended for more than forty-eight (48) hours upon a street or highway or on the private property of another without their consent. Vehicles meeting the above criteria will be removed from the Borough. The law requires that in most cases the owner of the vehicle must be notified to remove the vehicle by certified mail, therefore, when you report such a vehicle to the police, it may take several days before the vehicle is removed. If cited, you may be required to pay a fine of $500.00 plus costs.

Vehicles meeting the criteria for an abanoned vehicle parked on your own property is a ZONING violation. If an abandoned vehicle is found on your own property it will be referred to the Zoning Officer for investigation and prosecution.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top