§ 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.
(June 19, 1985, P.L.49, No.20, eff. 60 days; Oct. 4, 2002, P.L.845, No.123, eff. imd.; July 14, 2005, P.L.285, No.50, eff. 60 days)
2005 Amendment. Act 50 amended subsec. (e).
Cross References. Section 6310 is referred to in sections 6309, 6309.1, 6309.2 of this title.
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