PRINTER'S NO. 1942
No. 1567 Session of 2005
INTRODUCED BY CREIGHTON, CALTAGIRONE, GEIST, R. MILLER AND
SAYLOR, MAY 10, 2005
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 10, 2005
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 is amended to read:
8 § 6309.1. Impoundment for nonpayment of fines; vehicles or
9 combinations with a gross vehicle weight rating of
10 17,000 pounds or less.
11 [(a) Applicability.--
12 (1) This section shall be mandatory in cities of the
13 first class.
14 (2) This section shall be applicable in municipalities
15 other than counties, and other than cities of the first
16 class, within which the governing body has adopted an
17 ordinance electing to be subject to the provisions of this
18 section.]
1 (b) General rule.--Upon conviction of or entry of a plea of
2 guilty or nolo contendere for one or more of the following
3 offenses and upon imposition of a fine or fines which,
4 separately or together with any other outstanding or unpaid
5 fines imposed for the following offenses, total in excess of
6 $250, the defendant shall be allowed 24 hours either to obtain
7 the funds and pay the fine or fines and costs of prosecution or
8 to make arrangements with the issuing authority to pay in
9 installments as provided by the Pennsylvania Rules of Criminal
10 Procedure, during which time the defendant's vehicle or
11 combination may be rendered temporarily inoperable by such
12 police officer, sheriff or constable as the issuing authority
13 shall designate:
14 Section 1301 (relating to registration and certificate of
15 title required).
16 Section 1332 (relating to display of registration plate).
17 Section 1371 (relating to operation following suspension
18 of registration).
19 Section 1501 (relating to drivers required to be
20 licensed).
21 Section 1543 (relating to driving while operating
22 privilege is suspended or revoked).
23 Section 1786 (relating to required financial
24 responsibility).
25 Section 7124 (relating to fraudulent use or removal of
26 registration plate).
27 If the defendant neither makes payment nor makes arrangements
28 for payment within the 24-hour period or defaults upon such
29 payment, the issuing authority may issue an impoundment order
30 for the defendant's vehicle and direct enforcement of the order
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1 by a police officer, constable or an impoundment official as
2 authorized by the issuing authority. In cities of the first
3 class, the issuing authority shall direct enforcement of the
4 impoundment order by the Philadelphia Parking Authority.
5 (c) Storage.--Upon impoundment, the issuing authority shall
6 forthwith notify the appropriate law enforcement officer of the
7 county in which the violation occurred, who shall store the
8 impounded vehicle or combination. In cities of the first class,
9 such notification shall be made to the Philadelphia Parking
10 Authority, which shall store the impounded vehicle or
11 combination.
12 (d) Notice of impoundment.--The appropriate law enforcement
13 officer shall give immediate notice by the most expeditious
14 means and by certified mail, return receipt requested, of the
15 impoundment and location of the vehicle or combination to the
16 owner of the vehicle or combination and any lienholder and, if
17 applicable, any owner of the load, if the names and addresses of
18 the owner and any lienholder are known or can be ascertained by
19 investigation. In cities of the first class, the Philadelphia
20 Parking Authority shall give immediate notice by the most
21 expeditious means and by first class mail, proof of service, of
22 the impoundment and location of the vehicle or combination to
23 the owner of the vehicle or combination and any lienholder and,
24 if applicable, the owner of the load, if the names and addresses
25 of the owner and any lienholder are known or can be ascertained
26 by investigation.
27 (e) Costs.--The costs of the police officer, constable,
28 impoundment official, appropriate law enforcement officer or
29 Philadelphia Parking Authority, reasonable storage costs and all
30 other reasonable costs incident to seizure and impounding under
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1 subsections (b) and (c) shall be recoverable in addition to
2 costs of prosecution.
3 (f) Recovery of impounded vehicle.--
4 (1) The owner of any vehicle or combination which has
5 been impounded under this section may obtain possession of
6 the vehicle or combination by:
7 (i) furnishing proof of valid registration and
8 financial responsibility; and
9 (ii) paying all fines and costs associated with the
10 impoundment of the vehicle or making arrangements with
11 the appropriate judicial authority to make payments of
12 all fines and costs by installments as provided by the
13 Pennsylvania Rules of Criminal Procedure.
14 (2) Any vehicle or combination not recovered under this
15 subsection may be sold as an unclaimed vehicle, combination
16 or load under section 6310 (relating to disposition of
17 impounded vehicles, combinations and loads) or the applicable
18 local ordinance.
19 (g) Definition.--As used in this section, the term "costs"
20 shall include reasonable fees.
21 Section 2. This act shall take effect in 60 days.
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