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 or equipment under section 5741(f) of
the act (relating to certificate of public convenience 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 (relating to certificate and
medallion required). 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) When the impoundment is determined to
have been appropriate, the presiding officer may, by order, establish terms for
the release of the impounded property including the posting of collateral and
inspections by the Enforcement Department. 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inspected by the Enforcement Department to ensure that it no longer represents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 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 fee or cost
paid by the respondent as provided in subsection (c)(4) will be
refunded.
(2) If the respondent is
found liable for a 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).
