PRIOR PRINTER'S NOS. 1474, 3124
PRINTER'S NO. 3329
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, KORTZ AND MICCARELLI,
APRIL 18, 2017
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 11, 2018
AN ACT
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 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
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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.
* * *
Section 2. Section 1164(b)(2) 1164(b) 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:
* * *
(1) IF THE COST OF REPAIRS EXCEEDS THE REPLACEMENT VALUE
OF THE VEHICLE, THE THEFT-BRANDED CERTIFICATE OF SALVAGE
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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.] 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.
(3) IF AN OWNER HAS RECEIVED A CERTIFICATE OF SALVAGE
BRANDED AS A THEFT VEHICLE AFTER A PAYMENT HAS BEEN MADE AND
THE STOLEN VEHICLE IS LOCATED AND THEREAFTER PASSES AN
INSPECTION BY A LICENSED PHYSICAL DAMAGE APPRAISER IN WHICH
THE DAMAGE DOES NOT RISE TO THE LEVEL OF PARAGRAPH (2), THE
OWNER MAY APPLY TO THE DEPARTMENT FOR AN UNBRANDED TITLE. 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.
(4) AN INDIVIDUAL WHO HAS NOT BEEN PAID THE REPLACEMENT
VALUE FOR THE VEHICLE AND HAS NOT RECEIVED A CERTIFICATE OF
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SALVAGE MAY USE THE EXISTING CERTIFICATE OF TITLE WITHOUT
APPLYING FOR A NEW TITLE.
(c) Self-insurer requirement.--If the insurer is a self-
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.
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