Subchapter C. IMPOUNDMENT OF VEHICLES AND EQUIPMENT
Sec.
1055.31. Definitions.
1055.32. Impoundment of vehicles and equipment.§ 1055.31. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Impoundable offense—The occurrence of any of the following circumstances is an impoundable offense:(i) An unauthorized limousine operates as a limousine or offers to operate as a limousine in Philadelphia.
(ii) The condition of a limousine creates an immediate threat to public safety if permitted to continue operation.
(iii) The continued operation of a limousine by the driver creates an immediate threat to public safety, except when the certificate holder is able to promptly provide an alternate adult individual with a valid driver’s license to assume control of the vehicle.
Registered lienholder—A person having a vehicle lien interest that is registered with the Department of Transportation, or the similarly authorized registering agency of the jurisdiction identified on the license plate of the vehicle, if any, on the date the vehicle was impounded.
Registered owner—The owner of the vehicle as registered with the Department of Transportation, or the similarly authorized registering agency of the jurisdiction identified on the license plate of the vehicle, if any, on the date the vehicle was impounded.
Unauthorized limousine—(i) A vehicle that is not a remote carrier as defined in § 1053.42 (relating to remote carriers) or without a current, valid and properly affixed limousine rights sticker issued by the Authority as provided in § 1055.2 (relating to limousine rights sticker).
(ii) A limousine that has been placed out of service as provided in § 1003.32 (relating to out of service designation).
(iii) A limousine that is operated under a certificate of public convenience that has been placed out of service as provided in § 1003.32.
(iv) The term does not apply to a vehicle that provides common carrier service as provided in section 5741(a.3) of the act (relating to certificate of public convenience required) under current authorization from the PUC.
Vehicle—The vehicle and equipment used or capable of being used to provide limousine service.
Authority The provisions of this § 1055.31 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1055.31 amended June 20, 2014, effective June 21, 2014, 44 Pa.B. 3764; temporarily amended May 5, 2017, effective February 25, 2017, expire upon promulgation of final-form regulations or on November 5, 2018, whichever is later, as set forth in 53 Pa.C.S. § 57B02(b), 47 Pa.B. 2558. Immediately preceding text appears at serial page (372522).
§ 1055.32. Impoundment of vehicles and equipment.
(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).
Source The provisions of this § 1055.32 amended June 20, 2014, effective June 21, 2014, 44 Pa.B. 3764. Immediately preceding text appears at serial pages (360502) to (360503).
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