PARRIS N. GLENDENING, Governor Ch. 261

(8) That has been left unattended on any portion of a "controlled access
highway" as defined in § 8-101(f) of this article for more than 24 hours; [or]

(9) That has been left unattended on any portion of a primary or secondary
highway or controlled access highway, as defined in § 8-101 of this article, and is in
violation of any of the provisions of § 22-408 of this article; OR

(10) THAT IS NOT RECLAIMED AS PROVIDED UNDER § 27-111 OF THIS

ARTICLE
27-111.

(A) IN THIS SECTION, "POLICE DEPARTMENT' HAS THE SAME MEANING
INDICATED IN § 25-201 OF THIS ARTICLE.

(B) (1) FOR THE PURPOSE OF IMPOUNDING OR IMMOBILIZING A VEHICLE
UNDER THIS SECTION. THE POLICE DEPARTMENT MAY USE ITS OWN PERSONNEL.
EQUIPMENT, AND FACILITIES OR, SUBJECT TO THE PROVISIONS OF PARAGRAPH (2)
OF THIS SUBSECTION, USE OTHER PERSONS. EQUIPMENT, AND FACILITIES FOR
IMMOBILIZING VEHICLES OR REMOVING, PRESERVING. AND STORING IMPOUNDED
VEHICLES.

(2) A POLICE DEPARTMENT MAY NOT AUTHORIZE THE USE OF A TOW
TRUCK UNDER PARAGRAPH f 1) OF THIS SUBSECTION UNLESS THE TOW TRUCK IS
REGISTERED UNDER § 13-920 OF THIS ARTICLE

(A) (C) (1) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, AS
A SENTENCE. A PART OF A SENTENCE OR A CONDITION OF PROBATION, A COURT
SHALL ORDER MAY ORDER, FOR NOT MORE THAN 180 DAYS, THE IMPOUNDMENT OR
IMMOBILIZATION OF A SOLELY OWNED VEHICLE USED IN THE COMMISSION OF A
VIOLATION OF § 16-303 (C) OR (D) OF THIS ARTICLE IF, AT THE TIME OF THE
VIOLATION:

(1) (I) THE OWNER OF THE VEHICLE WAS DRIVING THE VEHICLE;

AND

(2) (II) THE OWNER'S LICENSE WAS UNDER SUSPENSION OR
REVOCATION SUSPENDED OR REVOKED UNDER § 16-205 OF THIS ARTICLE.

(2) AMONG THE FACTORS THAT A COURT MAY CONSIDER IN
DETERMINING WHETHER TO ORDER AN IMPOUNDMENT OR IMMOBILIZATION OF A
VEHICLE IS WHETHER THE VEHICLE IS THE PRIMARY MEANS OF TRANSPORTATION
AVAILABLE FOR THE USE OF THE INDIVIDUAL'S IMMEDIATE FAMILY.

(3) (I) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS
PARAGRAPH. IMPOUNDMENT OR IMMOBILIZATION OF A VEHICLE MAY NOT BE
ORDERED UNDER THIS SECTION, IF THE REGISTERED OWNER OF THE VEHICLE
MADE A BONA FIDE SALE GIFT, OR OTHER TRANSFER OF THE VEHICLE TO
ANOTHER PERSON BEFORE THE DATE OF THE FINDING OF A VIOLATION OF §
16-303(C) OR (D) OF THIS ARTICLE.

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