Regular Session 2017-2018 House Bill 1240 P.N. 3124

PRIOR PRINTER'S NO. 1474

PRINTER'S NO. 3124

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1240

Session of

2017

INTRODUCED BY MARSHALL, BENNINGHOFF, V. BROWN, ENGLISH,

EVANKOVICH, FARRY, HILL-EVANS, MARSICO, O'NEILL, READSHAW,

REESE, WHEELAND, ZIMMERMAN, MATZIE AND KORTZ, APRIL 18, 2017

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, MARCH 12, 2018

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in certificate of title and security interests,

repealing provisions relating to theft vehicles and providing

for recovered theft vehicles; and making an editorial change.

AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED

STATUTES, IN CERTIFICATE OF TITLE AND SECURITY INTERESTS,

FURTHER PROVIDING FOR CONTENT AND EFFECT OF CERTIFICATE OF

TITLE AND FOR THEFT VEHICLES; AND MAKING AN EDITORIAL CHANGE.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1164 of Title 75 of the Pennsylvania

Consolidated Statutes is repealed:

[§ 1164. Theft vehicles.

(a) General rule.--Upon payment to the insured of the

replacement value for a theft vehicle, the owner or insurer

shall apply for a certificate of salvage branded as a theft

vehicle.

(b) Assessing damage on recovered theft vehicles.--If a

theft vehicle has been recovered, the vehicle shall be assessed

as to the level of damage at the time of recovery by an insurer

<--

or licensed physical damage appraiser:

(1) If the cost of repairs exceeds the replacement value

of the vehicle, the theft-branded certificate of salvage

shall serve as an ownership document. If the vehicle

thereafter passes the reconstructed salvage vehicle

inspection requirements under section 1165 (relating to

reconstructed vehicles), it shall receive a certificate of

title branded reconstructed and recovered-theft vehicle.

(2) If the cost of repairs is less than the replacement

value of the vehicle, the owner shall apply for a certificate

of title branded recovered-theft vehicle. A legible copy of

the vehicle damage appraisal report completed by an insurer

or licensed physical damage appraiser must accompany an

application under this paragraph. The damage appraisal report

shall include the replacement value of the vehicle.]

Section 2. Title 75 is amended by adding a section to read:

§ 1164.1. Recovered theft vehicles.

(a) Assessing damage.--If a theft vehicle has been recovered

in this Commonwealth, or outside this Commonwealth and returned

to this Commonwealth prior to being assessed for damage, the

vehicle shall be assessed as to the level of damage at the time

of recovery by an insurer or licensed physical damage appraiser.

(b) Application for certificate of salvage.--If the cost of

repairs exceeds the replacement value of the vehicle, the owner

or insurer shall apply for a certificate of salvage branded as a

theft vehicle.

the application is submitted, the vehicle passes the

reconstructed salvage vehicle inspection requirements under

section 1165 (relating to reconstructed vehicles), the owner or

20170HB1240PN3124 - 2 -

insurer that submitted the application shall receive a

certificate of title branded reconstructed.

Section 3. Section 6308(d)(1) of Title 75 is amended to

read:

§ 6308. Investigation by police officers.

* * *

(d) Records.--

(1) Every salvor, miscellaneous motor vehicle business,

salvage motor vehicle auction or pool operator, scrap metal

processor, garage, repair shop and dealer shall keep accurate

records of the purchase, acquisition, sale and disposition of

vehicles as required under sections 1103.1 (relating to

application for certificate of title), 1111 (relating to

transfer of ownership of vehicle), 1113 (relating to transfer

to or from manufacturer or dealer), 1114 (relating to

transfer of vehicle by operation of law), 1119 (relating to

application for certificate of title by agent), 1161

(relating to certificate of salvage required), 1162 (relating

to transfer to vehicle salvage dealer), 1163 (relating to

transfer to scrap metal processor) and [1164 (relating to

theft vehicles)] 1164.1 (relating to recovered theft

vehicles). The records shall also include a corresponding

customer receipt with the vehicle identification number,

make, year and type of vehicle, from whom the vehicle was

purchased or acquired, sold to or disposed of, the date,

location and place purchased, acquired, sold or disposed of

and the amount paid or other tender exchanged for the

purchase, acquisition, sale or disposition.

* * *

Section 4. This act shall take effect in 60 days.

20170HB1240PN3124 - 3 -

SECTION 1. SECTION 1106(B) OF TITLE 75 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED TO READ:

§ 1106. CONTENT AND EFFECT OF CERTIFICATE OF TITLE.

* * *

(B) INDICATION OF SPECIAL USE OR CONDITION.--NO PERSON SHALL

ASSIGN A CERTIFICATE OF TITLE TO ANY VEHICLE UNLESS THE

CERTIFICATE CLEARLY CONTAINS NOTICE OF THE USE OR CONDITION IF

THE VEHICLE IS OR HAS BEEN:

(1) USED AS A POLICE CAR;

(2) USED AS A TAXICAB FOR THE TRANSPORT OF PASSENGERS,

FOR HIRE, HAVING A SEATING CAPACITY OF NINE OR FEWER

PASSENGERS;

(3) AN ABANDONED VEHICLE;

(4) A FLOOD VEHICLE;

(5) A MODIFIED VEHICLE;

(6) A RECONSTRUCTED VEHICLE;

(7) A SPECIALLY CONSTRUCTED VEHICLE;

(8) A RECOVERED THEFT VEHICLE OR A THEFT VEHICLE, IF

REQUIRED UNDER SECTION 1164 (RELATING TO THEFT VEHICLES);

(9) A VEHICLE ORIGINALLY MANUFACTURED FOR INTENDED

DISTRIBUTION OUTSIDE THE UNITED STATES;

(10) BEARING A VIN PLATE DIFFERING FROM ITS ORIGINAL; OR

(11) A MOTOR VEHICLE RETURNED TO A VEHICLE DEALER OR

MANUFACTURER PURSUANT TO THE ACT OF MARCH 28, 1984 (P.L.150,

NO.28), KNOWN AS THE AUTOMOBILE LEMON LAW.

INDICATION OF THE USE OR CONDITION SHALL BE DEEMED PART OF THE

DESCRIPTION OF THE VEHICLE. ANY PERSON VIOLATING THIS SUBSECTION

COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE

SENTENCED TO PAY A FINE OF $200.

* * *

20170HB1240PN3124 - 4 -

<--

SECTION 2. SECTION 1164(B)(2) OF TITLE 75 IS AMENDED AND THE

SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 1164. THEFT VEHICLES.

* * *

(B) ASSESSING DAMAGE ON RECOVERED THEFT VEHICLES.--IF A

THEFT VEHICLE HAS BEEN RECOVERED, THE VEHICLE SHALL BE ASSESSED

AS TO THE LEVEL OF DAMAGE AT THE TIME OF RECOVERY BY AN INSURER

OR LICENSED PHYSICAL DAMAGE APPRAISER:

* * *

(2) [IF THE COST OF REPAIRS IS LESS THAN THE REPLACEMENT

VALUE OF THE VEHICLE, THE OWNER SHALL APPLY FOR A CERTIFICATE

OF TITLE BRANDED RECOVERED-THEFT VEHICLE.] IF THE COST OF

REPAIRS EXCEEDS HALF OF THE REPLACEMENT VALUE OF THE VEHICLE

AND THE MAJORITY OF THOSE COSTS ARE DUE TO DAMAGE THAT

AFFECTS THE SAFE OPERATION OF THE VEHICLE, THE OWNER SHALL

APPLY FOR A CERTIFICATE OF TITLE BRANDED RECOVERED THEFT

VEHICLE. A LEGIBLE COPY OF THE VEHICLE DAMAGE APPRAISAL

REPORT COMPLETED BY AN INSURER OR LICENSED PHYSICAL DAMAGE

APPRAISER MUST ACCOMPANY AN APPLICATION UNDER THIS PARAGRAPH.

THE DAMAGE APPRAISAL REPORT SHALL INCLUDE THE REPLACEMENT

VALUE OF THE VEHICLE.

INSURER, THE ASSESSMENT OF DAMAGE UNDER SUBSECTION (B) SHALL BE

COMPLETED BY A LICENSED PHYSICAL DAMAGE APPRAISER WHO IS NOT

AFFILIATED WITH OR EMPLOYED BY THE INSURER.

SECTION 3. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.

20170HB1240PN3124 - 5 -