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).     (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. (d) and (f)(2).