PRINTER'S NO. 1518
No. 1234 Session of 2003
INTRODUCED BY CREIGHTON, BALDWIN, CAPPELLI, CRAHALLA, GEIST,
GILLESPIE, HARHAI, HERSHEY, HORSEY, HUTCHINSON, KELLER,
LEWIS, McILHATTAN, McNAUGHTON, R. MILLER, B. SMITH,
E. Z. TAYLOR, WASHINGTON, WEBER, WRIGHT AND YOUNGBLOOD,
APRIL 29, 2003
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 29, 2003
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for impoundment for nonpayment of
3 fees.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6309.1 of Title 75 of the Pennsylvania
7 Consolidated Statutes, amended October 4, 2002 (P.L.845,
8 No.123), is amended to read:
9 § 6309.1. Impoundment for nonpayment of fines; vehicles or
10 combinations with a gross vehicle weight rating of
11 17,000 pounds or less.
12 [(a) Applicability.--
13 (1) This section shall be mandatory in cities of the
14 first class.
15 (2) This section shall be applicable in municipalities
16 other than counties, and other than cities of the first
17 class, within which the governing body has adopted an
1 ordinance electing to be subject to the provisions of this
2 section.]
3 (b) General rule.--Upon conviction of or entry of a plea of
4 guilty or nolo contendere for one or more of the following
5 offenses and upon imposition of a fine or fines which,
6 separately or together with any other outstanding or unpaid
7 fines imposed for the following offenses, total in excess of
8 $250, the defendant shall be allowed 24 hours either to obtain
9 the funds and pay the fine or fines and costs of prosecution or
10 to make arrangements with the issuing authority to pay in
11 installments as provided by the Pennsylvania Rules of Criminal
12 Procedure, during which time the defendant's vehicle or
13 combination may be rendered temporarily inoperable by such
14 police officer, sheriff or constable as the issuing authority
15 shall designate:
16 Section 1301 (relating to registration and certificate of
17 title required).
18 Section 1332 (relating to display of registration plate).
19 Section 1371 (relating to operation following suspension
20 of registration).
21 Section 1501 (relating to drivers required to be
22 licensed).
23 Section 1543 (relating to driving while operating
24 privilege is suspended or revoked).
25 Section 1786 (relating to required financial
26 responsibility).
27 Section 7124 (relating to fraudulent use or removal of
28 registration plate).
29 If the defendant neither makes payment nor makes arrangements
30 for payment within the 24-hour period or defaults upon such
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1 payment, the issuing authority may issue an impoundment order
2 for the defendant's vehicle and direct enforcement of the order
3 by a police officer, constable or an impoundment official as
4 authorized by the issuing authority. In cities of the first
5 class, the issuing authority shall direct enforcement of the
6 impoundment order by the Philadelphia Parking Authority.
7 (c) Storage.--Upon impoundment, the issuing authority shall
8 forthwith notify the appropriate law enforcement officer of the
9 county in which the violation occurred, who shall store the
10 impounded vehicle or combination. In cities of the first class,
11 such notification shall be made to the Philadelphia Parking
12 Authority, which shall store the impounded vehicle or
13 combination.
14 (d) Notice of impoundment.--The appropriate law enforcement
15 officer shall give immediate notice by the most expeditious
16 means and by certified mail, return receipt requested, of the
17 impoundment and location of the vehicle or combination to the
18 owner of the vehicle or combination and any lienholder and, if
19 applicable, any owner of the load, if the names and addresses of
20 the owner and any lienholder are known or can be ascertained by
21 investigation. In cities of the first class, the Philadelphia
22 Parking Authority shall give immediate notice by the most
23 expeditious means and by first class mail, proof of service, of
24 the impoundment and location of the vehicle or combination to
25 the owner of the vehicle or combination and any lienholder and,
26 if applicable, the owner of the load, if the names and addresses
27 of the owner and any lienholder are known or can be ascertained
28 by investigation.
29 (e) Costs.--The costs of the police officer, constable,
30 impoundment official, appropriate law enforcement officer or
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1 Philadelphia Parking Authority, reasonable storage costs and all
2 other reasonable costs incident to seizure and impounding under
3 subsections (b) and (c) shall be recoverable in addition to
4 costs of prosecution.
5 (f) Recovery of impounded vehicle.--
6 (1) The owner of any vehicle or combination which has
7 been impounded under this section may obtain possession of
8 the vehicle or combination by:
9 (i) furnishing proof of valid registration and
10 financial responsibility; and
11 (ii) paying all fines and costs associated with the
12 impoundment of the vehicle or making arrangements with
13 the appropriate judicial authority to make payments of
14 all fines and costs by installments as provided by the
15 Pennsylvania Rules of Criminal Procedure.
16 (2) Any vehicle or combination not recovered under this
17 subsection may be sold as an unclaimed vehicle, combination
18 or load under section 6310 (relating to disposition of
19 impounded vehicles, combinations and loads) or the applicable
20 local ordinance.
21 (g) Definition.--As used in this section, the term "costs"
22 shall include reasonable fees.
23 Section 2. This act shall take effect in 60 days.
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