SENATE AMENDED
PRIOR PRINTER'S NOS. 1066, 1727, 3457
PRINTER'S NO. 3690
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, ZIMMERMAN, CAUSER AND DUSH, APRIL 1, 2015
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 30, 2016
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) 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 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).
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(C.1) TITLE NOT ASSIGNED.--
(1) AN INSURANCE COMPANY MAY REQUEST THE DEPARTMENT TO
ISSUE A SALVAGE CERTIFICATE FOR A VEHICLE IF THE INSURANCE
COMPANY IS UNABLE TO OBTAIN THE PROPERLY ENDORSED CERTIFICATE
OF TITLE OR CERTIFICATE OF SALVAGE WITHIN 30 DAYS FOLLOWING
ORAL, WRITTEN OR ELECTRONIC ACCEPTANCE BY THE VEHICLE OWNER
OF AN OFFER OF AN AMOUNT IN SETTLEMENT OF A TOTAL LOSS:
(I) THE REQUEST MUST BE MADE ON A FORM APPROVED BY
THE DEPARTMENT AND SIGNED UNDER PENALTY OF PERJURY,
ACCOMPANIED BY DOCUMENTATION AS THE DEPARTMENT MAY
REQUIRE.
(II) PRIOR TO REQUEST FOR THE CERTIFICATE OF SALVAGE
AS PROVIDED FOR UNDER THIS PARAGRAPH:
(A) THE INSURANCE COMPANY MUST MAKE AT LEAST TWO
WRITTEN ATTEMPTS MAILED OR DELIVERED TO OBTAIN THE
ASSIGNED CERTIFICATE OF TITLE OR CERTIFICATE OF
SALVAGE.
(B) THE INSURANCE COMPANY MUST MAIL OR DELIVER
THE SETTLEMENT PAYMENT.
(2) THE DEPARTMENT SHALL ISSUE A CERTIFICATE OF SALVAGE
FOR THE VEHICLE UPON RECEIPT OF THE PROPERLY EXECUTED
APPLICATION.
(3) THIS SUBSECTION DOES NOT APPLY TO A VEHICLE THAT HAS
BEEN DRIVEN OR TAKEN WITHOUT THE CONSENT OF THE VEHICLE
OWNER.
(4) THE PROVISIONS OF PARAGRAPH (1) DO NOT APPLY TO A
VEHICLE WHERE THERE WAS NOT ORAL, WRITTEN OR ELECTRONIC
ACCEPTANCE BY THE OWNER OF THE TOTAL LOSS SETTLEMENT.
(d) Vehicles with defective or lost title.--A person VEHICLE
OWNER may transfer a salvage vehicle with a faulty, lost or
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destroyed title located on the person's VEHICLE OWNER'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 transferor of the vehicle .
Section 2. This act shall take effect in 60 days.
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