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 20050H1567B1942 - 2 -
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 20050H1567B1942 - 3 -
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. A19L75BIL/20050H1567B1942 - 4 -