PRINTER'S NO. 2989
No. 2360 Session of 1996
INTRODUCED BY HORSEY, M. N. WRIGHT, YOUNGBLOOD, PRESTON AND
DALEY, JANUARY 30, 1996
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 30, 1996
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for impoundment of vehicles.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 6309 of Title 75 of the Pennsylvania
6 Consolidated Statutes is amended to read:
7 § 6309. Impoundment [of vehicles] for nonpayment of fines;
8 vehicles or combinations with a gross vehicle weight
9 rating of 17,001 pounds or more.
10 (a) General rule.--Upon imposition of a fine in excess of
11 $250 imposed pursuant to section 1301 (relating to registration
12 and certificate of title required), 1371 (relating to operation
13 following suspension of registration), 4107(b) (relating to
14 unlawful activities) or Chapter 49 (relating to size, weight and
15 load), the defendant shall be allowed 24 hours either to obtain
16 the funds and pay the fine and costs of prosecution or to make
17 arrangements with the issuing authority to pay in installments
1 as provided by the Pennsylvania Rules of Criminal Procedure,
2 during which time the vehicle or combination shall be rendered
3 temporarily [inoperative] inoperable by such police officer,
4 sheriff or constable as the issuing authority shall designate.
5 [On default of payment within the 24-hour period,] If the
6 defendant neither makes payment nor makes arrangements for
7 payment within the 24-hour period, or defaults on such payment,
8 the issuing authority may [impound the vehicle or combination
9 and order a police officer or constable to seize it] issue an
10 impoundment order and direct enforcement of the order by a
11 police officer, constable or an impoundment official as
12 authorized by the issuing authority.
13 (b) Storage.--Upon impoundment, the issuing authority shall
14 forthwith notify the sheriff of the county in which the
15 violation occurred, who shall store the impounded vehicle or
16 combination. In cities of the first class, notification shall be
17 made to the appropriate law enforcement officer.
18 (c) Notice of impoundment.--The sheriff shall give immediate
19 notice by the most expeditious means and by certified mail,
20 return receipt requested, of the impoundment and location of the
21 vehicle or combination to the owner of the vehicle or
22 combination and the owner of the load and any lienholders if the
23 names and addresses of the owner and any lienholder are known or
24 can be ascertained by [the sheriff.] investigation. In cities of
25 the first class, notice shall be given in the same manner by the
26 issuing authority.
27 (d) Cost.--The police officer's, constable's and sheriff's
28 costs, reasonable storage costs and all other reasonable costs
29 incident to seizure and impounding under subsections (a) and (b)
30 shall be recoverable in addition to costs of prosecution.
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1 [(e) Applicability.--This section shall not apply in the
2 case of a vehicle duly registered in this Commonwealth.]
3 Section 2. Title 75 is amended by adding a section to read:
4 § 6309.1. Impoundment for nonpayment of fines; vehicles or
5 combinations with a gross vehicle weight rating of
6 17,000 pounds or less.
7 (a) Applicability.--
8 (1) This section shall be mandatory in cities of the
9 first class.
10 (2) This section shall be applicable in municipalities
11 other than counties, and other than cities of the first
12 class, within which the governing body has adopted an
13 ordinance electing to be subject to the provisions of this
14 section.
15 (b) General rule.--Upon conviction of, or entry of a plea of
16 guilty or nolo contendere, for one or more of the following
17 offenses, and upon imposition of a fine or fines which,
18 separately or together with any other outstanding or unpaid
19 fines imposed for the following offenses, total in excess of
20 $250, the defendant shall be allowed 24 hours either to obtain
21 the funds and pay the fine or fines and costs of prosecution or
22 to make arrangements with the issuing authority to pay in
23 installments as provided by the Pennsylvania Rules of Criminal
24 Procedure, during which time the vehicle or combination may be
25 rendered temporarily inoperable by such police officer, sheriff
26 or constable as the issuing authority shall designate:
27 Section 1301 (relating to registration and certificate of
28 title required).
29 Section 1332 (relating to display of registration plate).
30 Section 1371 (relating to operation following suspension
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1 of registration).
2 Section 1501 (relating to drivers required to be
3 licensed).
4 Section 1543 (relating to driving while operating
5 privilege is suspended or revoked).
6 Section 1786 (relating to required financial
7 responsibility).
8 Section 7124 (relating to fraudulent use or removal of
9 registration plate).
10 If the defendant neither makes payment nor makes arrangements
11 for payment within the 24-hour period, or defaults upon such
12 payment, the issuing authority may issue an impoundment order
13 and direct enforcement of the order by a police officer,
14 constable or an impoundment official as authorized by the
15 issuing authority.
16 (c) Storage.--Upon impoundment, the issuing authority shall
17 forthwith notify the sheriff of the county in which the
18 violation occurred, who shall store the impounded vehicle or
19 combination. In cities of the first class, such notification
20 shall be made to the appropriate law enforcement officer.
21 (d) Notice of impoundment.--The sheriff shall give immediate
22 notice by the most expeditious means and by certified mail,
23 return receipt requested, of the impoundment and location of the
24 vehicle or combination to the owner of the vehicle or
25 combination and any lienholder and, if applicable, the owner of
26 the load, if the names and addresses of the owner and any
27 lienholder are known or can be ascertained by investigation. In
28 cities of the first class, such notice shall be given in the
29 same manner by the issuing authority.
30 (e) Cost.--The police officer's, constable's and sheriff's
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1 costs, reasonable storage costs and all other reasonable costs
2 incident to seizure and impounding under subsections (b) and (c)
3 shall be recoverable in addition to costs of prosecution.
4 Section 3. This act shall take effect in 60 days.
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