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                                                       PRINTER'S NO. 704

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 648 Session of 2001


        INTRODUCED BY DeLUCA, BELARDI, BELFANTI, BENNINGHOFF,
           CALTAGIRONE, CAPPABIANCA, CASORIO, CLARK, CORRIGAN, COSTA,
           CRUZ, CURRY, DALLY, EACHUS, FAIRCHILD, FREEMAN, GEIST,
           GRUCELA, HARHAI, HENNESSEY, JAMES, KREBS, LAUGHLIN,
           MANDERINO, MELIO, MICHLOVIC, MUNDY, OLIVER, PETRARCA,
           PRESTON, READSHAW, ROBERTS, RUFFING, SCRIMENTI, SHANER,
           SOLOBAY, THOMAS, TIGUE, TRAVAGLIO, WALKO, WANSACZ,
           WASHINGTON, WATERS, C. WILLIAMS, WOJNAROSKI, YOUNGBLOOD AND
           YUDICHAK, FEBRUARY 12, 2001

        REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 12, 2001

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further defining "reconstructed vehicle"; and
     3     further providing for application for certificate of title
     4     and for content and effect of certificate of title.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  The definition of "reconstructed vehicle" in
     8  section 102 of Title 75 of the Pennsylvania Consolidated
     9  Statutes is amended to read:
    10  § 102.  Definitions.
    11     Subject to additional definitions contained in subsequent
    12  provisions of this title which are applicable to specific
    13  provisions of this title, the following words and phrases when
    14  used in this title shall have, unless the context clearly
    15  indicates otherwise, the meanings given to them in this section:


     1     * * *
     2     "Reconstructed vehicle."  A vehicle [materially altered from
     3  its original construction by the removal, addition or
     4  substitution of essential parts, new or used, or a vehicle,
     5  other than an antique or classic vehicle,] that has been
     6  wrecked, destroyed or damaged to the extent that the total
     7  estimate or actual cost of parts and labor to reconstruct the
     8  vehicle to its preaccident condition and legal operation on the
     9  road or highway exceeds 75% of the retail value of the vehicle
    10  at the time of loss, for which a certificate of junk was issued
    11  and is thereafter restored to operating condition.
    12     * * *
    13     Section 2.  Section 1103.1(g) of Title 75 is amended to read:
    14  § 1103.1.  Application for certificate of title.
    15     * * *
    16     (g)  Specially constructed or reconstructed vehicles.--
    17         (1)  If the vehicle to be titled is a specially
    18     constructed or reconstructed vehicle, that fact shall be
    19     stated in the application and, if applicable, the disclosure
    20     form required by paragraph (2) shall be attached to the
    21     application.
    22         (2)  If a licensed dealer, whether at a licensed
    23     wholesale auction or at a retail sale, sells a reconstructed
    24     vehicle to a purchaser, the application shall include, on a
    25     form prescribed by the department:
    26             (i)  The definition under section 102 (relating to
    27         definitions) of a reconstructed vehicle.
    28             (ii)  A statement certified by the licensed dealer
    29         that the vehicle is a reconstructed vehicle and that the
    30         purchaser was informed of that fact prior to the sale.
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     1             (iii)  The signature of the purchaser.
     2  The department may promulgate rules and regulations pertaining
     3  to the titling of specially constructed or reconstructed
     4  vehicles.
     5     * * *
     6     Section 3.  Section 1106(a) of Title 75 is amended and the
     7  section is amended by adding a subsection to read:
     8  § 1106.  Content and effect of certificate of title.
     9     (a)  Vehicle identification and encumbrances.--A certificate
    10  of title shall contain such description and other evidence of
    11  identification of the vehicle for which it is issued as the
    12  department may deem necessary and the odometer reading, together
    13  with a statement of any liens or encumbrances including the
    14  names and addresses of the holder or holders of the liens or
    15  encumbrances and, if the vehicle is a reconstructed vehicle, a
    16  statement, in ten-point type, indicating that fact.
    17     * * *
    18     (b.1)  Indication of reconstructed vehicle.--No person shall
    19  assign a certificate of title to any reconstructed vehicle
    20  unless the certificate clearly contains notice of that fact.
    21  Indication of such fact shall be deemed part of the description
    22  of the vehicle. Any person who violates this subsection commits
    23  a summary offense and shall, upon conviction, be sentenced to
    24  pay a fine of $50.
    25     * * *
    26     Section 4.  This act shall take effect in 60 days.



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