PRINTER'S NO. 1814
No. 1606 Session of 1993
INTRODUCED BY JAROLIN, ROBERTS, STISH, HANNA, SCHULER, KING AND
BROWN, MAY 10, 1993
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 10, 1993
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for correction of certificate of
3 title.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1115 of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 1115. Correction of certificate of title.
9 (a) General rule.--When any certificate of title has been
10 issued in error to a person not entitled to the certificate or
11 contains incorrect information or information has been omitted
12 from the certificate, the department shall notify in writing the
13 person to whom the certificate has been issued or delivered
14 [and] that the certificate has been recalled. Unless a
15 departmental hearing is requested pursuant to subsection (b),
16 such person shall immediately return the certificate of title
17 within [48 hours] ten days, together with any other information
18 necessary for the adjustment of [the department] departmental
1 records, and, upon receipt of the certificate, the department
2 shall cancel the certificate and issue a corrected certificate
3 of title.
4 (a.1) Opportunity for hearing and appeal.--The department's
5 notice of recall shall advise the person to whom the certificate
6 has been issued that the person may request an informal
7 departmental hearing within ten days of the date of said notice
8 if said person wishes to contest the recall. If an informal
9 departmental hearing is requested within ten days, the hearing
10 shall be held within 15 days of said request. If, as a result of
11 the hearing, the department determines that the recall was
12 proper, the person to whom the certificate of title was issued
13 or delivered shall return the certificate of title within ten
14 days of the determination. Such person may appeal the informal
15 departmental determination by requesting within ten days of the
16 date of the determination a formal hearing as prescribed by
17 departmental regulations pertaining to administrative practice
18 and procedure.
19 (b) Change in material information on certificate.--If any
20 material information on the certificate of title is changed or
21 different from the information originally set forth, the owner
22 shall immediately inform the department and apply for a
23 corrected certificate of title. For the purposes of this
24 subsection, a change of address shall not be deemed material.
25 (c) [Seizure of certificate on conviction.--Upon summary
26 conviction for violation of] Issuance of corrected certificate
27 after seizure or cancellation.--Upon failure of a person to
28 return a certificate of title as required by the provisions of
29 this section, the department may delegate authority to any
30 department employee or police officer to seize the certificate
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1 of title. Upon failure of the department to receive, as required
2 by this section, the certificate of title to which a person is
3 not entitled or which contains incorrect or incomplete
4 information, the department may proceed to cancel the
5 certificate of title issued in error and, upon receipt of
6 sufficient evidence that the vehicle is within the possession of
7 the proper owner or lienholder, may issue to the proper owner or
8 lienholder a corrected certificate of title.
9 (d) Penalty.--Any person violating this section shall be
10 guilty of a summary offense and shall, upon conviction, be
11 sentenced to pay a fine of not less than $100 nor more than
12 $300.
13 Section 2. This act shall take effect in 60 days.
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