Impoundment for nonpayment of fines; vehicles or combinations with a gross vehicle

§ 6309.  Impoundment for nonpayment of fines; vehicles or combinations with a gross vehicle weight rating of 17,001 pounds or more. (a)  General rule.-- Upon imposition of a fine in excess of $250 imposed pursuant to section 1301 (relating to registration and certificate of title required), 1371 (relating to operation following suspension of registration), 4107(b) (relating to unlawful activities) or Chapter 49 (relating to size, weight and load), the defendant shall be allowed 24 hours either to obtain the funds and pay the fine 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 shall be rendered temporarily inoperable by such police officer, sheriff or constable as the issuing authority shall designate or, in the interest of public safety, such police officer, sheriff or constable shall direct that the vehicle or combination be towed and stored by the appropriate towing and storage agent with prompt notice to the issuing authority. If the defendant neither makes payment nor makes arrangements for payment within the 24-hour period or defaults on such payment, the issuing authority may issue an impoundment order and direct enforcement of the order by a police officer, constable or the appropriate towing and storage agent. In cities of the first class, the issuing authority shall direct enforcement of the impoundment order by the Philadelphia Parking Authority. (b)  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, notification shall be made to the Philadelphia Parking Authority, which shall store the impounded vehicle or combination. (c)  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 the owner of the load and any lienholders 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. (d)  Costs.-- The costs of the police officer, constable, impoundment official, appropriate law enforcement officer or the Philadelphia Parking Authority, reasonable storage costs and all other reasonable costs incident to seizure and impounding under subsections (a) and (b) shall be recoverable in addition to costs of prosecution. (e)  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). (f)  Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Appropriate towing and storage agent."  Either of the following: (1)  In cities of the first class, the Philadelphia Parking Authority or its authorized agent. (2)  In municipalities other than cities of the first class, a towing and storage agent designated by local ordinance. "Costs."  The term shall include reasonable fees. (June 19, 1985, P.L.49, No.20, eff. 60 days; 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) 2005 Amendment. Act 50 amended subsecs. (a), (c), (e)(2) and (f).