FIRST JUDICIAL DISTRICT OF PENNSYLVANIA COURT OF

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

PHILADELPHIA TRAFFIC COURT

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JOINT GENERAL COURT REGULATION

COURT OF COMMON PLEAS AND TRAFFIC COURT No. 2001-02

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Procedure for Sale of Motor Vehicles Impounded for

Non-Payment of Fines Pursuant to 75 Pa. C.S. §§6309 and 6309.1

The Motor Vehicle Code authorizes the impoundment and sale of motor vehicles under

certain specified situations pursuant to 75 Pa.C.S.§§ 6309 and 6309.1. This Joint General Court

Regulation sets forth the procedure to be followed in implementing Sections 6309 and 6309.1,

so as to clarify the rights and responsibilities of the various parties involved in the impoundment

process which may lead to the sale of the impounded motor vehicle and the transfer of title to

same.

1. Motor Vehicles Eligible for Impoundment. A motor vehicles may be impounded if the

defendant has outstanding or unpaid Traffic Court fines in excess of $250.00 upon conviction or

entry of a plea of guilty or nolo contendere for:

(a) if the vehicle has a gross vehicle weight rating of 17,001 pounds or more any of the

offenses set forth in 75 Pa. C.S. §6309(a); or

(b) (a) if the vehicle has a gross vehicle weight rating of 17,000 pounds or less any of the

offenses set forth in 75 Pa. C.S. §6309.1(b).

2. Prerequisites to Impoundment. A motor vehicle may not be impounded for a 24

hour period after the conviction or entry of a plea of guilty or nolo contendere to enable the

defendant to pay, or to make arrangements to pay, the fines and costs of prosecution. During that

24 hour period the motor vehicle may be rendered temporarily inoperable and transferred to a

secure location for safe keeping.

3. Designation of Enforcement Officer

. The Traffic Court, as the issuing authority,

may, from time to time, designate "appropriate law enforcement officers" or “impoundment

officials” to undertake the impoundment of qualified motor vehicles and notification as authorized

by 75 Pa. C.S.§§ 6309 and/or 6309.1, and as specifically provided in this Joint General Court

Regulation.

4. Impoundment

. Upon expiration of the 24 hour period as set forth above, if the

fines and costs are not paid or satisfactory arrangements have not been made to pay same the

Traffic Court shall notify the appropriate law enforcement officers or impoundment officials to

impound the vehicle and store same at an appropriate location.

5. Notice of Impoundment

. The appropriate law enforcement officers or

impoundment officials shall notify the defendant, the owner of the vehicle or combination, any

lienholder and, if applicable, the owner of the load, that the motor vehicle has been impounded

pursuant to 75 Pa. C.S.§§ 6309 and/or 6309.1 and of their right to reclaim the said motor vehicle

and its contents by paying the outstanding fines and other applicable costs. The notice shall be in

the form set forth as Exhibit "A". Notice shall be sent by regular mail with a Certificate of

Mailing and also by certified mail, return receipt requested. Notice shall be deemed to have been

provided upon the mailing of the letters. The Traffic Court shall give a similar notice, which shall

be substantially as set forth hereunder as Exhibit "B"; provided, however, that the said notice may

be sent together with the notice sent by the appropriate law enforcement officers or impoundment

officials designated by the Traffic Court.

6. Filing of Petition

. A Civil Cover Sheet, Petition and Motion Court Cover Sheet

shall be filed with the Prothonotary of the Court of Common Pleas setting forth, inter alia, that

prior to impounding the motor vehicle, the defendant was given 24 hours to make arrangements

for payment of the underlying fines, setting forth the efforts made to notify the owners, and

lienholders, of record, and that the outstanding fines and costs have not been paid. Attached to

the Petition shall be copies of the notices sent to the appropriate parties, the Certificates of Mailing

and, if returned, the Certified Return Receipts. Upon review of the Petition, the President Judge

of the Court of Common Pleas, or her designee, may enter an Order authorizing the appropriate

law enforcement officers or impoundment officials to sell at public auction the motor vehicles

described in the said Petition. The Order shall be substantially in the form set forth hereunder as

Exhibit "C".

7. Notice of Auction Date and Rights of Owners and Lienholders of Record

Pending Auction. Notice of the auction dates shall be set forth in the notice to the owners as

provided in Section 5 above. Notice of the public auction shall also be provided by publication

at least five (5) days before the auction in either The Philadelphia Inquirer or The Philadelphia

Daily News, or as otherwise directed by the Court. At any time prior to the auction date, any

owner, or lienholder, may obtain the release of the motor vehicle upon the payment of the fines,

fees and costs as set forth in the notice and as may be incurred thereafter. In the event a vehicle

scheduled to be auctioned on a specific date is not auctioned on that date, the said vehicle may be

auctioned on a subsequent date provided, however, that the appropriate law enforcement officers

or impoundment officials shall, in rescheduling the auction date, provide notices substantially as

set forth in Sections 5 and 7, and shall otherwise comply with the within Joint General Court

Regulation.

8. List of Successful Bidders

. At the auction, the appropriate law enforcement

officers or impoundment officials and/or their authorized agent, shall maintain a list of the

successful bidders. The said list shall be submitted to the Court within thirty (30) days after the

auction for the entry of an order directing the Department of Transportation to extinguish title of

the prior owners or lienholders of record and to issue certificates of ownership to the successful

bidders. The order shall substantially be in the form set forth hereunder as Exhibit "D".

9. Disposition of Proceeds of the Auction. The proceeds from the auction shall be

used to satisfy the various fines and costs in the following order:

C costs of sale (auctioneer, advertising, postage);

C towing and storage costs;

C Traffic Court's costs as authorized in Sections 6309(d) and/or 6309.1(e);

C outstanding fines due as a result of violations of the Motor Vehicle Code;

C City of Philadelphia parking fines; and

C any other fines, costs, obligations and/or judgments as may be provided by the

Court from time to time.

Any remaining proceeds shall be subject to the demands of the original owner of record and/or

lienholder of record, as their interest may appear. If not claimed within one year, any such

remaining proceeds shall be forfeited to the Traffic Court.

10. Effective Date. This Joint General Court Regulation shall become effective

immediately.

This Joint General Court Regulation is promulgated in accordance with 75 Pa.C.S. §6309

and §6309.1 and the May 8, 1996 Order of the Supreme Court of Pennsylvania, Eastern District,

No. 168 Judicial Administration, Docket No. 1, and Pa. R.C.P. 239. As required by Pa. R.C.P.

239, the original Joint General Court Regulation shall be filed with the Prothonotary in a docket

maintained for General Court Regulations issued by the President Judge of the Court of Common

Pleas, and copies shall be submitted to the Administrative Office of Pennsylvania Courts, the

Legislative Reference Bureau, the Civil Procedural Rules Committee, and the Minor Court Rules

Committee. Copies of the Regulation shall also be submitted to American Lawyer Media, The

Legal Intelligencer, Jenkins Memorial Law Library and the Law Library for the First Judicial

District of Pennsylvania.

/s/ Frederica A. Massiah-Jackson /s/ Fortunato N. Perri

_________________________________ ____________________________

FREDERICA A. MASSIAH-JACKSON FORTUNATO N. PERRI

PRESIDENT JUDGE, ADMINISTRATIVE JUDGE,

COURT OF COMMON PLEAS TRAFFIC COURT

Date: July 12, 2001 Date: July 12, 2001

Name

Address

NOTICE OF IMPOUNDED VEHICLE SUBJECT TO SALE

(Last Known Registered Owner’s Name) (Date)

(Address)

(City, State, Zip)

Dear (Last Known Registered Owner/Lienholder):

On (Date of Tow), the following vehicle, registered in your name, was impounded by [NAME OF IMPOUNDMENT

OFFICIAL] for violation(s) of the Motor Vehicle Code, 75 Pa.C.S. §6309 and/or §6309.1.

Vehicle Year: State and Tag Displayed:

Vehicle Make: Vehicle Identification Number:

Vehicle Color: [Vendor] Control Number:

To recover this vehicle, you will be required to pay outstanding fines due to the Philadelphia Traffic Court which

currently exceed $250.00 as well as an administrative fee due to the Traffic Court of $75.00. In addition, you are liable

for a towing fee of $____, a storage charge of $_____ per day, and an administrative fee of the impoundment facility

and towing and storage agent of $______ .

Before you may reclaim the vehicle, you must make arrangements to pay the outstanding fines and costs due to the

Philadelphia Traffic Court. You may appear in person at the Traffic Court, 800 Spring Garden Street, Philadelphia, PA

or contact the Court at (215) 686-1680 to determine the exact amount which is due. Upon payment of all outstanding

fines and costs, the Traffic Court will issue a Certificate of Release. Traffic Court hours are as follows: [HOURS].

You may reclaim the vehicle identified above by paying the fines and administrative fee due to the Traffic Court at 800

Spring Garden Street, Philadelphia, Pennsylvania 19123 and receiving from Traffic Court a Certificate of Release. You

should then bring the Certificate of Release issued by the Traffic Court, proof of ownership, proof of insurance, and

payment of the applicable towing, storage, and administrative fees owed to the impoundment facility and towing and

storage agent to: [ADDRESS/TIME].

Pursuant to 75 Pa.C.S §§6309 and 6309.1 and Joint General Court Regulation No. 2001-02, if this vehicle is not claimed

within fifteen (15) days of the issuance of this Notice a Petition will be filed with the Philadelphia Court of Common

Pleas to sell this vehicle at public auction. The Petition to sell this vehicle will request that this vehicle be sold at public

auction on [DATE] at [TIME] at the following location: [LOCATION].

Upon auction of the motor vehicle and the payment of the fines and costs referred to above, any remaining proceeds

shall be subject to the demands of the original owner of record and/or lienholder of record, as their interest may

appear. If not claimed within one year, any such remaining proceeds shall be forfeited to the Traffic Court.

If you do not retrieve your vehicle, you are responsible to remove any personal property from your vehicle 72 hours prior

to the sale from (name location), or the items will be discarded.

THIS IS YOUR FINAL NOTICE, IF YOU DO NOT RECLAIM THIS VEHICLE IT WILL BE AUCTIONED AS SET

FORTH ABOVE AND YOUR OWNERSHIP INTEREST WILL BE EXTINGUISHED AND OWNERSHIP WILL

VEST TO THE SUCCESSFUL BIDDER.

Sincerely,

IMPOUNDMENT OFFICIAL

Exhibit “A”