PRIOR PRINTER'S NO. 1066
PRINTER'S NO. 1727
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
871
Session of
2015
INTRODUCED BY SANKEY, DIAMOND, FARINA, GABLER, GRELL, HELM,
JAMES, McGINNIS, METZGAR, MURT, NEUMAN, O'NEILL, OBERLANDER,
PICKETT, SIMMONS AND ZIMMERMAN, APRIL 1, 2015
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 8, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in certificate of title and security interests,
further providing for transfer to scrap metal processor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1163 of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1163. Transfer to scrap metal processor.
(a) Flattened vehicles.--When a vehicle has been flattened,
crushed or processed to the extent that it is no longer
identifiable as a vehicle, its certificate of title, certificate
of salvage or nonrepairable certificate shall be attached to a
form prescribed by the department and immediately sent to the
department. The form shall include such information as the
department shall require. A copy of the form shall be retained
for record in accordance with section 6308(d) (relating to
investigation by police officers). The vehicle scrap material
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shall no longer be considered a vehicle and shall not be
reconstructed, retitled or issued a certificate of any kind.
(b) Vehicles.--[Any owner who transfers a vehicle to a scrap
metal processor shall assign the certificate of title,
certificate of salvage or nonrepairable certificate to the
processor. The processor shall attach the certificate to the
proper department form, immediately send it to the department
and retain a copy in accordance with the provisions of
subsection (a).] Any owner who transfers a vehicle or a salvage
vehicle to a scrap metal processor shall assign the certificate
of title or certificate of salvage to the scrap metal processor.
Such certificate of title or certificate of salvage is exempt
from the requirements of notarization and verification by a
corporate officer.
(c) Title not assigned.--Notwithstanding any provision of
law to the contrary, an insurer, as defined in section 1702
(relating to definitions), to which title to a vehicle has not
been assigned within 30 days following payment to the insured,
claimant or lienholder of the replacement value of the vehicle
shall be regarded as a transferee and may, at any time
thereafter and without presenting the certificate of title,
apply to the department, or an authorized agent of the
department, for a certificate of salvage upon a form furnished
and prescribed by the department. The application shall be
accompanied by evidence that the insurer has paid the
replacement value of the vehicle, a copy of a written request
for the certificate of title by the insurer or its designee, and
proof that a nationally recognized courier service delivered the
request to the last known address of the insured or claimant and
any known lienholder. The submission shall be deemed proper
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application for a certificate of salvage, and the issuance by
the department or agent of the department of a certificate of
salvage pursuant to subsection (d) shall operate as a
divestiture of all right, title and interest in the vehicle of
the insured or claimant and all lienholders and any interest in
the contents in the vehicle which have not been claimed by the
insured or claimant.
(d) Certificate of title.--Upon transfer of a certificate of
title to a scrap metal processor, the scrap metal processor
shall immediately send to the department or an authorized agent
of the department either of the following:
(1) The assigned certificate of title attached to a form
prescribed by the department indicating that the vehicle is
to be designated as a nonrepairable vehicle. A copy of the
form shall be retained for record in accordance with section
6308(d). The vehicle shall not be rebuilt, retitled or issued
a certificate of any kind.
(2) The assigned certificate of title with an
application for a certificate of salvage upon a form
prescribed by the department. The certificate of salvage,
when issued to the scrap metal processor dealer, shall have
the same effect as provided in section 1161(c) (relating to
certificate of salvage required).
(e) (D) Vehicles with defective or lost title.--A person may
transfer a salvage vehicle with a faulty, lost or destroyed
title located on the person's property to a scrap metal
processor for removal to a suitable place of storage or for
scrapping, provided that the scrap metal processor complies with
the requirements of this section. The report to the department
that the vehicle is a salvage vehicle shall be verified by the
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transferor of the vehicle .
Section 2. This act shall take effect in 60 days.
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