What Can I Do if I Can't Pay the Fees After My Car is Towed for Nonregistration?
Full Question:
Answer:
If you are unable to obtain a loan, it may be possible to sell the vehicle and include the towing charges as part of the purchase price.
Please see the following PA statutes:
75 Pa.C.S.A. § 6309.2. Immobilization, towing and storage of vehicle
for driving without operating privileges or registration
(a) General rule. — Subject to subsection (d), the following shall
apply:
(1) If a person operates a motor vehicle or combination on a highway
or trafficway of this commonwealth while the person's operating privilege
is suspended, revoked, canceled, recalled or disqualified or where the
person is unlicensed, as verified by an appropriate law enforcement
officer in cooperation with the department, the law enforcement officer
shall immobilize the vehicle or combination or in the interest of public
safety, direct that the vehicle be towed and stored by the appropriate
towing and storage agent pursuant to subsection (c), and the appropriate
judicial authority shall be so notified.
(2) If a motor vehicle or combination for which there is no valid
registration or for which the registration is suspended, as verified
by an appropriate law enforcement officer, is operated on a highway
or trafficway of this commonwealth, the law enforcement officer shall
immobilize the motor vehicle or combination or, in the interest of
public safety, direct that the vehicle be towed and stored by the
appropriate towing and storing agent pursuant to subsection (c), and
the appropriate judicial authority shall be so notified.
(b) Procedure upon immobilization. —
(1) When a vehicle is immobilized pursuant to subsection (a)(1), the
operator of the vehicle may appear before the appropriate judicial
authority within 24 hours from the time the vehicle was immobilized. The
appropriate judicial authority may issue a certificate of release upon:
(i) the furnishing of proof of registration and financial
responsibility by the owner of the vehicle; and
(ii) receipt of evidence that the operator of the vehicle has complied
with the pertinent provisions of Title 42 (relating to judiciary and
judicial procedure) and this title.
(2) When a vehicle is immobilized pursuant to subsection (a)(2), the
owner of the vehicle may appear before the appropriate judicial authority
within 24 hours from the time the vehicle was immobilized. The
appropriate judicial authority may issue a certificate of release upon:
(i) the furnishing of proof of registration and financial
responsibility by the owner of the vehicle; and
(ii) receipt of evidence that the operator of the vehicle has complied
with the pertinent provisions of Title 42 and this title.
(3) If a certification of release is not obtained within 24 hours from
the time the vehicle was immobilized, the vehicle shall be towed and
stored by the appropriate towing and storage agent under subsection (c).
(c) Procedure upon towing and storage. —
(1) Except as provided in paragraph (2), the following steps shall be
taken:
(i) The appropriate judicial authority shall notify the appropriate law
enforcement officer of the county in which the violation occurred.
(ii) The officer notified under subparagraph (i) shall notify the
appropriate towing and storage agent to tow and store the vehicle or
combination and provide notice by the most expeditious means and by first
class mail, proof of service, of the towing, storage and location of the
vehicle or combination to the owner of the vehicle or combination and any
lienholder and, if applicable, the owner of the load, if the names and
addresses of the owner and any lienholder are known or can be ascertained
by investigation.
(2) In a city of the first class, the following steps shall be taken:
(i) The appropriate judicial authority or appropriate law enforcement
officer shall notify the appropriate towing and storage agent.
(ii) The appropriate towing and storage agent shall tow and store the
vehicle or combination and provide notice by first class mail, proof of
mailing, of the towing, storage and location of the vehicle or combination
to the owner and the lienholder of the vehicle or combination using
reasonably available state database.
(d) Recovery of towed and stored vehicle. —
(1) The owner or lienholder of any vehicle or combination which has
been towed and stored under this section may obtain possession of the
vehicle or combination by:
(i) Furnishing proof of valid registration and financial
responsibility; and
(ii)(A) If the towing and storage resulted from the operation of the
vehicle or combination by the owner, paying all fines and costs
associated with the towing and storage of the vehicle or combination and
any other than outstanding fines and costs of the owner or making
arrangements with the appropriate judicial authority to make payments of
all other outstanding fines and costs immediately or, in the discretion
of the appropriate judicial authority, by installments as provided by the
Pennsylvania Rules of Criminal Procedures; or
(B) If the towing and storage resulted from the operation of the
vehicle or combination by a party other than the owner, by paying all
costs associated with the towing and storage of the vehicle or
combination and fines associated with citations issued by the law
enforcement officer related to the towing and storage and any other
outstanding fines and costs of the owner or making arrangements with the
appropriate judicial authority to make payments of all such fines and
costs or, in the discretion of the appropriate judicial authority, by
installments as provided by the Pennsylvania Rules of Criminal
Procedure.
(1.1) In cities of the first class, the appropriate judicial authority
shall not issue an order for the release of any vehicle towed and stored
pursuant to this section until provisions are made for payment of all
fines and penalties associated with violations of any local parking
regulation or ordinance or applicable section of this chapter or
Chapter 61 (relating to powers of department and local authorities).
(2) Any vehicle 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) the proceeds
of the sale shall be applied to the payment of the fines and costs
associated with the towing and storage of the vehicle.
(e) Definitions. — As used in this section, the following words and
phrases shall have the meanings given to them in this subsection:
"Appropriate judicial authority." In counties of the first class, the
Philadelphia Traffic Court. In all other counties, the magisterial
district judge in whose district the violation occurred.
"Appropriate towing and storage agent." In counties of the first
class, the Philadelphia Parking Authority or its authorized agent. In
other municipalities, a towing and storage agent designated by local
ordinance.
"Costs." The term shall include reasonable fees.
75 Pa.C.S.A. § 6310. Disposition of impounded vehicles, combinations
and loads
(a) Rights of owner of load. — The title to the load on an impounded
vehicle or combination remains in the owner who may repossess the load at
any time upon presentation of proof of ownership to the sheriff. If the
load spoils during impoundment, the loss shall be on the owner subject to
any right of recovery of damages that the owner may have against the
owner of the vehicle or combination or against any other party, and the
costs of disposition of the load shall be recoverable in addition to the
costs of prosecution.
(b) Sale of unclaimed vehicle or load. — In case any impounded
vehicle or combination is unredeemed, or the load is unclaimed, for a
period of 60 days after notice of impoundment is given, it shall be sold
at a public sale by the sheriff upon order of the issuing authority and
after ten days' notice of sale to the owners, lienholders or secured
parties of the vehicle or load except that, if the sheriff determines it
to be necessary to preserve their value, goods which may spoil may be
sold in any commercially reasonable manner prior to expiration of the
60-day period and, if impractical to do so, without giving notice to the
owners, lienholders or secured parties.
(c) Disposition of proceeds of sale. — The proceeds of sale shall
first be applied to the payment of all fines and costs and, secondly, to
the payment of the encumbrances. The balance, if any, shall be remitted
to the owner.
(d) Sale of unclaimed vehicle or load in cities of the first class. —
In case any impounded vehicle or combination is unredeemed, or the load
is unclaimed, for a period of 15 days after notice of impoundment is
given, it shall be sold at a public sale by the Philadelphia Parking
Authority upon order of the issuing authority and after ten days' notice
of the sale to the owners, lienholders or secured parties of the vehicle
or load except that, if the Philadelphia Parking Authority determines it
to be necessary to preserve their value, goods which may spoil may be
sold in any commercially reasonable manner prior to expiration of the
15-day period and, if impractical to do so, without giving notice to the
owners, lienholders or secured parties.
(e) Disposition of proceeds of sale in cities of the first class. — The
proceeds of sale shall first be applied to the payment of all fines and
costs and then to the owner or lienholder, whichever is the first to
appear. If not claimed within one year, any remaining proceeds shall be
forfeited to the appropriate towing and storage agent for purposes of
funding its costs associated with this chapter.
(f) Definition. — As used in this section, the term "costs" shall
include reasonable fees.
