Pennsylvania § 6309.1 - Impoundment for nonpayment of fines; vehicles or combinations with a gross vehicle weight rating of 17,000 pounds or less.

§ 6309.1. Impoundment for nonpayment of fines; vehicles or combinations with a gross vehicle weight rating of 17,000 pounds or less.

(a) Applicability.--

(1) This section shall be mandatory in cities of the first class.

(2) This section shall be applicable in municipalities other than counties, and other than cities of the first class, within which the governing body has adopted an ordinance electing to be subject to the provisions of this section.

(b) General rule.--Upon conviction of or entry of a plea of guilty or nolo contendere for one or more of the following offenses and upon imposition of a fine or fines which, separately or together with any other outstanding or unpaid fines imposed for the following offenses, total in excess of $250, the defendant shall be allowed 24 hours either to obtain the funds and pay the fine or fines and costs of prosecution or to make arrangements with the issuing authority to pay in installments as provided by the Pennsylvania Rules of Criminal Procedure, during which time the defendant's vehicle or combination may be rendered temporarily inoperable by such police officer, sheriff or constable as the issuing authority shall designate:

Section 1301 (relating to registration and certificate of title required).

Section 1332 (relating to display of registration plate).

Section 1371 (relating to operation following suspension of registration).

Section 1501 (relating to drivers required to be licensed).

Section 1543 (relating to driving while operating privilege is suspended or revoked).

Section 1786 (relating to required financial responsibility).

Section 7124 (relating to fraudulent use or removal of registration plate).

If the defendant neither makes payment nor makes arrangements for payment within the 24-hour period or defaults upon such payment, the issuing authority may issue an impoundment order for the defendant's vehicle and direct enforcement of the order by a police officer, constable or an impoundment official as authorized by the issuing authority. In cities of the first class, the issuing authority shall direct enforcement of the impoundment order by the Philadelphia Parking Authority.

(c) Storage.--Upon impoundment, the issuing authority shall forthwith notify the appropriate law enforcement officer of the county in which the violation occurred, who shall store the impounded vehicle or combination. In cities of the first class, such notification shall be made to the Philadelphia Parking Authority, which shall store the impounded vehicle or combination.

(d) Notice of impoundment.--Except in cities of the first class, the appropriate law enforcement officer shall give immediate notice by the most expeditious means and by certified mail, return receipt requested, of the impoundment and location of the vehicle or combination to the owner of the vehicle or combination and any lienholder and, if applicable, any owner of the load, if the names and addresses of the owner and any lienholder are known or can be ascertained by investigation. In cities of the first class, the Philadelphia Parking Authority shall give immediate notice by first class mail, proof of mailing, of the impoundment and location of the vehicle or combination to the owner and the lienholder of the vehicle or combination using reasonably available State databases.

(e) Costs.--The costs of the police officer, constable, impoundment official, appropriate law enforcement officer or Philadelphia Parking Authority, reasonable storage costs and all other reasonable costs incident to seizure and impounding under subsections (b) and (c) shall be recoverable in addition to costs of prosecution.

(f) Recovery of impounded vehicle.--

(1) The owner of any vehicle or combination which has been impounded under this section may obtain possession of the vehicle or combination by:

(i) furnishing proof of valid registration and financial responsibility; and

(ii) paying all fines and costs associated with the impoundment of the vehicle or making arrangements with the appropriate judicial authority to make payments of all fines and costs by installments as provided by the Pennsylvania Rules of Criminal Procedure.

(2) Any vehicle or combination not recovered under this subsection may be sold as an unclaimed vehicle, combination or load under section 6310 (relating to disposition of impounded vehicles, combinations and loads).

(g) Definition.--As used in this section, the term "costs" shall include reasonable fees.

(July 2, 1996, P.L.535, No.93, eff. 60 days; Oct. 4, 2002, P.L.845, No.123, eff. imd.; July 14, 2005, P.L.285, No.50, eff. 60 days)

2018 Correction. Subsec. (g) was not carried with the 2005 amendment of subsecs. (d) and (f)(2). Subsec. (g) is now carried in this publication.

2005 Amendment. Act 50 amended subsecs. (d) and (f)(2).