Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Impoundment. Upon
observation of an impoundable offense, the Enforcement Department may direct
the immediate impoundment of a vehicle, equipment or medallion under section
5714(g) of the act (relating to certificate and medallion required) and have
the impounded property removed to a place of safe storage under the control of
the Authority.
(b)
Notice
of impoundment. The Authority will serve immediate notice of
impoundment on the registered owner and registered lienholder, if any, by first
class mail as provided in section 5714(g)(2) of the act. The notice of
impoundment will include the following information:
(1) The location of the impounded
property.
(2) The manner in which
the impounded property may be reclaimed.
(3) The date the impounded property will be
sold at public auction if action is not taken to reclaim the impounded property
or stay the auction as provided in this section.
(c)
Impoundment hearing.
(1) The registered owner may file a hearing
request with the Clerk at any time after impoundment solely to regain
possession of impounded property by contesting the compliance of the
impoundment with this section or the act, or both.
(2) Upon request as provided in paragraph
(1), the Clerk will immediately schedule an impoundment hearing to be conducted
within 2 days before a presiding officer.
(3) If the presiding officer determines, by
order, that the impoundment was not proper, the impounded property may be
immediately reclaimed by the registered owner without need to pay a penalty or
cost associated with the impoundment.
(4) If the presiding officer determines that
the impoundment was proper, the impounded property may be returned to the
respondent, by order, upon payment of towing and storage fees and costs, and
either of the following conditions, or both, if ordered by the presiding
officer:
(i) The impounded property will be
inspected by the Enforcement Department to ensure that it no longer represents
a threat to public safety.
(ii)
Payment of the collateral the presiding officer finds necessary to secure the
attendance of the respondent at a subsequent hearing regarding the
impoundment.
(5) An order
of the presiding officer entered as provided in this subsection is subject to
the interlocutory appeal procedure in §
1005.131 (relating to
interlocutory review generally).
(d)
Formal complaint. The
Enforcement Department will file a formal complaint with the Clerk against the
registered owner averring a violation forming the basis of the impoundment
within 5 days of the impoundment.
(e)
Stay of auction. The
public auctioning of impounded property will be stayed if the respondent
contests the Enforcement Department's formal complaint by doing one of the
following:
(1) Filing an answer to the
complaint with the Clerk within 20 days as provided in §
1005.41 (relating to answers to
complaints, petitions, motions and other filings requiring a
response).
(2) If a citation
complaint is filed by the Enforcement Department, by filing a request for a
hearing within 15 days as provided in §
1005.13(b)(2)
(relating to citation complaints by the Authority).
(f)
Intervention. A
registered lienholder or medallion lienholder may request the impounded
property be released into its possession only through a motion to intervene as
permitted under §
1005.31 (relating to initiation of
intervention).
(g)
Final
disposition of impounded property.
(1) If the respondent is found not liable for
each violation averred in the Enforcement Department complaint, the impounded
property may be reclaimed by the registered owner within 30 days of the
adjudication without payment of a penalty, fee or cost, and any fees, costs or
collateral paid by the respondent as provided in subsection (c)(4) will be
refunded.
(2) If the respondent is
found liable for any violation averred in the Enforcement Department complaint,
the impounded property will be scheduled for public auction in not less than 30
days. A notice of the time, date and location of the auction will be provided
to the registered owner and registered lienholder by first class
mail.
(h)
Immediate repossession.
(1)
If the respondent is found liable as provided in subsection (g)(2), the
impounded property may be reclaimed upon payment of the penalties, fees and
costs imposed by order. The presiding officer may order the Enforcement
Department to inspect the impounded property as a condition of release to
ensure that it no longer represents a threat to public safety.
(2) Except as provided in paragraph (3), the
registered owner may reclaim the impounded property at any time prior to a
final determination as provided in subsection (g)(2) upon payment of the
penalties requested in the Enforcement Department complaint and the fees and
costs associated with the impoundment. The Enforcement Department will inspect
the impounded property subject to release by this paragraph to ensure that it
no longer represents a threat to public safety.
(3) Impounded property may not be released as
provided in paragraph (2) prior to a determination of a motion to intervene, as
provided in subsection (f).
