Part 3 – Impoundment or Immobilization for Outstanding Citations

either by towing or otherwise, to be removed or conveyed to and impounded in any place designated by the Director of Transportation; or

immobilized so as to prevent its operation.

When the vehicle has been removed and impounded pursuant to the provisions of this section, it shall be subject to the impounding provisions of this subtitle and the penalties applicable thereto.

An immobilized vehicle which is thereafter impounded shall not be subject to the booting fee hereinafter provided for in this subtitle.

The owner of a vehicle impounded under this Part 3, has the same right to contest the validity of the impoundment by requesting a hearing in the same manner as is provided for owners of vehicles impounded as abandoned under Part 4 of this subtitle, the provisions of which shall also apply to vehicles impounded under this Part 3.

The hearing for the owner of a vehicle impounded pursuant to this Part 3 shall be provided within 72 hours, excluding Sundays and holidays, from the time said owner files an application for such hearing.

an owner who elects to be heard prior to payment of any towing or storage charges and posting collateral equivalent to the maximum fines and penalties for unsatisfied parking violation citations; and

to an owner who elects to pay such amounts and secure immediate release of the impounded vehicle.

Posted notice of this right shall be given said owner as provided in Part 4 of this subtitle. Said owner shall also be notified in writing of this right should said owner appear to claim the vehicle impounded and elect to secure immediate release of the impounded vehicle by payment of all charges which have accrued thereon.

The application for the hearing shall be filed by the owner of the vehicle impounded under the provisions of this Part 3, and said owner shall be so advised, within 10 days from :

fails to return the application for the hearing within 10 days from the receipt of the notice posted to such owner;

fails to return the application for the hearing within 10 days from the date said owner is notified in writing of his right to said hearing should said owner appear to claim the vehicle impounded pursuant to the provisions of this Part 3; or

executes a written document waiving said owner’s right to the hearing provided for under this Part 3.

whether or not there were, at the time such vehicle was impounded or immobilized, 3 or more unsatisfied citations for parking violations against such vehicle; and

whether a period of 30 days or more had elapsed since the 3^rd unsatisfied citation.

that the vehicle has been immobilized by the City for violations of <cite data-path="|31">this article</cite>;

that the owner of an immobilized vehicle has the right to contest the validity of the immobilization at a hearing, to be convened within 72 hours, excluding Sundays and holidays, from the submission of a hearing application;

where hearing application forms can be obtained by or requested to be mailed to the owner;

how release of the vehicle may be obtained on payment of the booting fee and other charges specified in this Part 3; and

that this payment does not affect the owner’s right to a hearing or to contest the validity of the immobilization.

a booting fee of $150; and

all charges that have accrued on the vehicle, including collateral equivalent to the maximum fines and penalties for all unsatisfied parking violation citations.

The owner of a vehicle immobilized under this Part 3 has the right to contest the validity of the immobilization at a hearing within 72 hours, excluding Sundays and holidays, from the time said owner files an application for such hearing with a hearing officer.

Said owner may also secure a hearing, as provided for herein, within 72 hours, excluding Sundays and holidays, from the time said owner files the application required, before payment of the booting fee and all charges which have accrued thereon by virtue of the immobilization, and before the immobilized vehicle is released.

The form of the application shall be prescribed by the Director of Transportation.

The application shall be filed within 10 days from:

Unless the owner of a vehicle immobilized under the provisions of this Part 3 appears to secure release of the vehicle within 24 hours after the vehicle has been immobilized, in addition to the notice given the owner of the vehicle, as provided for under <cite data-path="|31|§31-25">§ 31-25 of this subtitle</cite>, the Director of Transportation shall give the owner written notice, by certified mail within 48 hours after the vehicle has been immobilized, that the owner has the right to contest the validity of the immobilization at a hearing within 72 hours, excluding Sundays and holidays, from the submission of an application.

A copy of the application shall be included with the notice posted to the owner.

fails to return the application for a hearing within 10 days from the receipt of notice provided for in § 31-25 or within 10 days from the receipt of any certified mail notice sent to said owner;

fails to return the application for the hearing within 10 days from the date said owner is notified of his right to said hearing, should said owner appear to claim the vehicle immobilized under this section; or

executes a written waiver whereby he waives the hearing provided for under this Part 3.

If it is determined by the hearing officer, after consideration of the criteria prescribed for the hearing as set forth in <cite data-path="|31|§31-24">§ 31-24 of this subtitle</cite>, that the vehicle should not have been immobilized:

The hearing officer’s ruling in no way has any bearing on the fine, penalty, or charge imposed by the District Court of Maryland for parking violations.

to tamper with or remove or attempt to remove the immobilization device without authorization; or

to remove the warning notice.