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                                                      PRINTER'S NO. 1878

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1515 Session of 1997


        INTRODUCED BY GEIST, OLASZ, HESS, DRUCE, STRITTMATTER, MARKOSEK
           AND SURRA, JUNE 3, 1997

        REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 3, 1997

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for titling, registration and
     3     disposition of flood vehicles, modified vehicles, salvage
     4     vehicles, rebuilt vehicles, theft vehicles and specially
     5     constructed vehicles.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  The definitions of "essential parts,"
     9  "reconstructed vehicle," "recovered theft vehicle," "salvor,"
    10  "valueless except for salvage" and "vehicle identification
    11  number" in section 102 of Title 75 of the Pennsylvania
    12  Consolidated Statutes are amended and the section is amended by
    13  adding definitions to read:
    14  § 102.  Definitions.
    15     Subject to additional definitions contained in subsequent
    16  provisions of this title which are applicable to specific
    17  provisions of this title, the following words and phrases when
    18  used in this title shall have, unless the context clearly
    19  indicates otherwise, the meanings given to them in this section:

     1     * * *
     2     "Essential parts."  All [integral and body parts] major
     3  component parts of a vehicle of a type required to be registered
     4  under this title, the removal, alteration or substitution of
     5  which would tend to conceal the identity of the vehicle or
     6  substantially alter its appearance, model, type or mode of
     7  operation.
     8     * * *
     9     "Flood vehicle."  Any motor vehicle that has been submerged
    10  in water to the point that rising water has reached over the
    11  door sill or has entered the passenger or trunk compartment.
    12     * * *
    13     "I-CAR (Inter-Industry Conference on Auto Collision and
    14  Repair)."  A not-for-profit international training organization
    15  dedicated to improving the quality, safety and efficiency of
    16  auto collision repair.
    17     * * *
    18     "Major component parts."  Includes any of the following parts
    19  of a vehicle: engine, transmission, front-end assemblies or
    20  unibodies structure which may consist of headlight, grill,
    21  fenders, bumpers and hood; fenders; hood; any door; any bumper;
    22  rear quarter panels for passenger cars; side assemblies; pickup
    23  box or cargo box; rear door, trunk lid, decklid, tailgate or
    24  hatchback, whichever is present; windshield; any windows; any T-
    25  top glazing; truck floor pan; sunroof, moonroof or astro roof;
    26  the frame; the chassis; the cab of a truck or truck tractor; cab
    27  clips; cowls; the body of a passenger vehicle; or similar parts.
    28     * * *
    29     "Modified vehicles."  Every vehicle of a type required to be
    30  registered under this title altered by the addition, deletion or
    19970H1515B1878                  - 2 -

     1  modification of the body, chassis or essential parts, new or
     2  used. The term does not include vehicles that qualify as a
     3  rebuilt salvage vehicle or vehicles where final-stage or second-
     4  stage manufacturers provide a manufacturer statement of origin
     5  or a federally required certification label at the time of the
     6  original title and registration application.
     7     * * *
     8     "Rebuilt salvage vehicle."  A vehicle, other than an antique
     9  or classic vehicle, for which a certificate of salvage was
    10  issued and is thereafter restored to operating condition and
    11  which is substantially in conformity with manufacturer
    12  specifications and appearance.
    13     * * *
    14     ["Reconstructed vehicle."  A vehicle materially altered from
    15  its original construction by the removal, addition or
    16  substitution of essential parts, new or used, or a vehicle,
    17  other than an antique or classic vehicle, for which a
    18  certificate of junk was issued and is thereafter restored to
    19  operating condition.]
    20     "Recovered theft vehicle."  A vehicle other than an antique
    21  or classic vehicle which was reported as stolen but subsequently
    22  recovered [for which a certificate of salvage was issued and
    23  which would otherwise be regarded as a reconstructed vehicle,
    24  except that the retail value of any repairs to restore the
    25  vehicle to operating condition does not exceed 50% of the actual
    26  cash value of the vehicle as determined by averaging the average
    27  retail values listed in the Official Used Car Guide for Domestic
    28  and Imported Cars published by the National Automobile Dealers
    29  Association and the Automobile Red Book Official Used Car
    30  Validations published by the Maclean Hunter Market Reports,
    19970H1515B1878                  - 3 -

     1  Incorporated].
     2     * * *
     3     "Replacement value of a vehicle."  The retail value of a
     4  motor vehicle as set forth in a current edition of a nationally
     5  recognized compilation, including automated data bases, of
     6  retail values, as approved by the Secretary of Transportation.
     7     * * *
     8     "Salvage vehicle."  Any motor vehicle which is or has been
     9  damaged to the extent that the total estimated or actual cost of
    10  parts and labor to repair or rebuild the motor vehicle to its
    11  predamaged condition and for legal operation on the roads or
    12  highways exceeds 75% of the replacement value of the motor
    13  vehicle. The value of repair parts shall be determined by using
    14  the current published retail cost of the original equipment
    15  manufacturer parts or the actual retail cost of the repair parts
    16  to be used in the repair. The labor cost of the repair for these
    17  purposes shall be computed by using the hourly rate and time
    18  allocations that are reasonable and customary in the automobile
    19  repair industry in the community where the repairs are
    20  performed. The term also includes any motor vehicle of which an
    21  insurance company acquires ownership pursuant to a damage
    22  settlement or any vehicle whose owner may wish to designate as a
    23  salvage vehicle by obtaining a salvage certificate, without
    24  regard to the extent of the motor vehicle's damage and repairs.
    25  The term does not include a vehicle which would qualify as an
    26  antique or classic vehicle except for its lack of restoration or
    27  maintenance.
    28     "Salvor."  A person engaged in the business of acquiring
    29  abandoned vehicles for the purpose of taking apart, [junking,]
    30  recycling, selling, rebuilding or exchanging the vehicles or
    19970H1515B1878                  - 4 -

     1  parts thereof.
     2     * * *
     3     "Theft vehicle."  A vehicle, other than an antique or classic
     4  vehicle, which was reported stolen.
     5     * * *
     6     ["Valueless except for salvage."  A vehicle which is
     7  inoperable or unable to meet the vehicle equipment and
     8  inspection standards under Part IV (relating to vehicle
     9  characteristics) to the extent that the cost of repairs would
    10  exceed the value of the repaired vehicle. The term does not
    11  include a vehicle which would qualify as an antique or classic
    12  vehicle except for its lack of restoration or maintenance.]
    13     * * *
    14     "Vehicle identification number" or "VIN."  A combination of
    15  numerals or letters or both which the manufacturer assigns to a
    16  vehicle for identification purposes, or, in the absence of a
    17  manufacturer-assigned number, which the department assigns to a
    18  vehicle for identification purposes.
    19     * * *
    20     Section 2.  Sections 1103.1(e) and (g) and 1106 of Title 75
    21  are amended to read:
    22  § 1103.1.  Application for certificate of title.
    23     * * *
    24     (e)  Out-of-State vehicles.--If the application refers to a
    25  vehicle last previously titled or registered in another state or
    26  country, the following information shall be contained in or
    27  accompany the application or be forwarded in support of the
    28  application as required by the department:
    29         (1)  Any certificate of title issued by the other state
    30     or country.
    19970H1515B1878                  - 5 -

     1         (2)  A tracing of the vehicle identification number taken
     2     from the official number plate or, where it is impossible to
     3     secure a legible tracing, verification that the vehicle
     4     identification number of the vehicle has been inspected and
     5     found to conform to the description given in the application.
     6     The [department shall provide by regulation the] following
     7     persons [who] are authorized to inspect and verify vehicle
     8     identification numbers [under this paragraph.]:
     9             (i)  A certified Pennsylvania inspection station
    10         mechanic.
    11             (ii)  A qualified employee of the department.
    12             (iii)  A notary public employed by one of the
    13         following:
    14                 (A)  A person to whom manufacturer or dealer
    15             registration plates have been issued under section
    16             1335 (relating to registration plates for
    17             manufacturers and dealers).
    18                 (B)  An authorized full agent, as defined in 67
    19             Pa. Code Ch. 43 (relating to temporary registration
    20             cards and plates).
    21                 (C)  A licensed automotive auction.
    22         (2.1)  If the vehicle is located outside of this
    23     Commonwealth, one of the following persons is authorized to
    24     inspect and verify vehicle identification numbers:
    25             (i)  A police officer.
    26             (ii)  A mechanic employed by a dealer.
    27             (iii)  An armed forces installation provost marshal
    28         or motor officer.
    29         (3)  Any other information and documents the department
    30     reasonably requires to establish the ownership of the vehicle
    19970H1515B1878                  - 6 -

     1     and the existence or nonexistence of security interests in
     2     the vehicle.
     3     * * *
     4     (g)  Specially constructed or [reconstructed] modified
     5  vehicles.--If the vehicle to be titled is a specially
     6  constructed or [reconstructed] modified vehicle, that fact shall
     7  be stated in the application. The department may promulgate
     8  rules and regulations pertaining to the titling of specially
     9  constructed or [reconstructed] modified vehicles.
    10     * * *
    11  § 1106.  Content and effect of certificate of title.
    12     (a)  Vehicle identification and encumbrances.--A certificate
    13  of title shall contain such description and other evidence of
    14  identification of the vehicle for which it is issued as the
    15  department may deem necessary and the odometer reading, together
    16  with a statement of any liens or encumbrances, including the
    17  names [and addresses] of the holder or holders of the liens or
    18  encumbrances and any indication of special prior use or
    19  condition set forth under subsection (b).
    20     (b)  Indication of special [prior] use or condition.--No
    21  person shall assign a certificate of title to any vehicle
    22  [having seating capacity for nine or less occupants which has
    23  been used as a taxicab, for the carrying of passengers for hire
    24  or as a police car, unless the certificate clearly contains
    25  notice that the vehicle has been so used. Indication of such use
    26  shall be deemed part of the description of the vehicle. Any
    27  person violating this subsection is guilty of a summary offense
    28  and shall, upon conviction, be sentenced to pay a fine of $50.]
    29  which is or has been:
    30         (1)  used as a police car;
    19970H1515B1878                  - 7 -

     1         (2)  used as a taxicab, for the transport of passengers,
     2     for hire, having a seating capacity of nine or fewer
     3     passengers;
     4         (3)  abandoned;
     5         (4)  flood damaged;
     6         (5)  modified;
     7         (6)  rebuilt;
     8         (7)  specially constructed;
     9         (8)  a theft vehicle;
    10         (9)  a gray market vehicle; or
    11         (10)  bearing a VIN plate differing from its original;
    12  unless the certificate clearly contains notice of the use or
    13  condition. Indication of the use or condition shall be deemed
    14  part of the description of the vehicle. Any person violating
    15  this subsection commits a summary offense and shall, upon
    16  conviction, be sentenced to pay a fine of $200.
    17     (c)  Certificate as evidence and notice.--A certificate of
    18  title issued by the department is prima facie evidence of the
    19  facts appearing on the certificate. The certificate shall be
    20  adequate notice to the Commonwealth, creditors, subsequent
    21  lienholders and purchasers that a lien against the vehicle
    22  exists. The printed name of the secretary shall constitute a
    23  signature on the certificate.
    24     Section 3.  Section 1117 of Title 75 is repealed.
    25     Section 4.  Section 1118(b) of Title 75 is amended to read:
    26  § 1118.  Suspension and cancellation of certificate of title.
    27     * * *
    28     (b)  Vehicles sold to nonresidents or [junked] salvaged.--The
    29  department may cancel certificates of title for vehicles sold to
    30  residents of other states or foreign countries when the vehicle
    19970H1515B1878                  - 8 -

     1  is to be registered in the other jurisdiction, or for abandoned
     2  or [destroyed] salvaged vehicles authorized to be [junked]
     3  processed as provided in this [subchapter] title.
     4     * * *
     5     Section 5.  Chapter 11 of Title 75 is amended by adding a
     6  subchapter to read:
     7                            SUBCHAPTER E
     8       SALVAGE VEHICLES, THEFT VEHICLES AND REBUILT VEHICLES
     9  Sec.
    10  1161.  Certificate of salvage required.
    11  1162.  Transfer to vehicle salvage dealer.
    12  1163.  Transfer to scrap metal processor.
    13  1164.  Theft vehicles.
    14  1165.  Rebuilt vehicles.
    15  1166.  Penalty.
    16  § 1161.  Certificate of salvage required.
    17     (a)  General rule.--Except as provided in sections 1162
    18  (relating to transfer to vehicle salvage dealer) and 1163
    19  (relating to transfer to scrap metal processor), a person,
    20  including an insurer or self-insurer as defined in section 1702
    21  (relating to definitions), who owns, possesses or transfers a
    22  vehicle located or registered in this Commonwealth which
    23  qualifies as a salvage vehicle shall make application to the
    24  department for a certificate of salvage for that vehicle.
    25     (b)  Application for certificate of salvage.--An owner who
    26  transfers a vehicle to be destroyed or dismantled, salvaged or
    27  recycled shall assign the certificate of title to the person to
    28  whom the vehicle is transferred. Except as provided in sections
    29  1162 and 1163, the transferee, including an insurer or self-
    30  insurer as defined in section 1702, shall immediately present
    19970H1515B1878                  - 9 -

     1  the assigned certificate of title to the department or an
     2  authorized agent of the department with an application for a
     3  certificate of salvage upon a form prescribed by the department.
     4  An insurer to which title to a vehicle is assigned upon payment
     5  to the insured of the replacement value of a vehicle shall be
     6  regarded as a transferee under this subsection and shall apply
     7  for a certificate of salvage upon a form prescribed by the
     8  Commonwealth as a result of any accident settlement that
     9  occurred in this Commonwealth. If an owner, including self-
    10  insurers, retains a salvage vehicle, the owner shall apply for a
    11  certificate of salvage immediately. When an insurer is involved,
    12  the insurer shall not pay vehicle replacement value until the
    13  owner produces evidence to the insurer that the certificate of
    14  salvage has been issued.
    15     (c)  Issuance and effect of certificate of salvage.--Upon
    16  proper application for a certificate of salvage, the department
    17  or agents of the department shall issue to the transferee a
    18  certificate of salvage which shall authorize the holder to
    19  possess or by endorsement transfer ownership in the salvage
    20  vehicle. A certificate of title or registration shall not again
    21  be issued or renewed for the vehicle except upon application
    22  containing the information the department requires, accompanied
    23  by any necessary documents required under section 1165 (relating
    24  to rebuilt vehicles).
    25     (d)  Out-of-State salvage vehicles.--The owner of a salvage
    26  vehicle possessing a valid certificate of title or salvage from
    27  a state or jurisdiction other than the Commonwealth does not
    28  need to apply for a certificate under subsection (a). If the
    29  owner wishes to transfer the salvage vehicle, the owner shall
    30  make application to the department and attach the out-of-State
    19970H1515B1878                 - 10 -

     1  certificate of title or salvage along with the following:
     2         (1)  A tracing of the vehicle identification number taken
     3     from the official number plate or, where it is impossible to
     4     secure a legible tracing, verification by an authorized
     5     person identified in section 1103.1(e) (relating to
     6     application for certificate of title) that the vehicle
     7     identification number of the vehicle has been inspected and
     8     found to conform to the description given in the application.
     9         (2)  Any other information and documents the department
    10     reasonably requires to establish the ownership of the vehicle
    11     and the existence or nonexistence of security interests in
    12     the vehicle.
    13  The person identified on the application must be located or the
    14  owner or lienholder must be domiciled in this Commonwealth to
    15  qualify for issuance of a certificate of salvage by the
    16  department.
    17     (e)  Regulated sales.--
    18         (1)  An insurer, including a self-insurer, or a salvage
    19     motor vehicle auction or pool operator shall not sell,
    20     transfer or release a salvage vehicle to a person other than:
    21             (i)  The original owner retaining the vehicle in
    22         compliance with this section.
    23             (ii)  A vehicle salvage dealer as defined in section
    24         1337(c)(2) (relating to use of "Miscellaneous Motor
    25         Vehicle Business" registration plates).
    26             (iii)  A licensed and registered dealer as defined in
    27         section 102 (relating to definitions).
    28         (2)  A vehicle salvage dealer and a licensed and
    29     registered dealer may authorize not more than two persons to
    30     operate as salvage vehicle purchasing agents to act in their
    19970H1515B1878                 - 11 -

     1     behalf when purchasing salvage vehicles from an insurer or
     2     salvage vehicle auction or pool. The agents shall secure a
     3     notarized affidavit from the employing vehicle salvage dealer
     4     or dealers, which shall be updated and filed quarterly with
     5     each insurer, auction or pool.
     6         (3)  An out-of-State vehicle salvage dealer or licensed
     7     and registered dealer may purchase salvage vehicles from an
     8     insurer or salvage vehicle auction or pool if the buyer can
     9     show proof to the insurer, auction or pool of current
    10     registration as such a dealer from a state having similar
    11     dealer or salvage dealer requirements.
    12  § 1162.  Transfer to vehicle salvage dealer.
    13     (a)  General rule.--Any owner who transfers a vehicle or a
    14  salvage vehicle to a vehicle salvage dealer, as defined in
    15  section 1337(c)(2) (relating to use of "Miscellaneous Motor
    16  Vehicle Business" registration plates) shall assign the
    17  certificate of title or salvage certificate to the vehicle
    18  salvage dealer. A certificate of title or salvage certificate
    19  for a vehicle transferred to a vehicle salvage dealer is exempt
    20  from the requirements of notarization and verification by a
    21  corporate officer.
    22     (b)  Vehicle salvage dealer.--The vehicle salvage dealer
    23  shall immediately send to the department or an authorized agent
    24  of the department either of the following:
    25         (1)  The assigned certificate of title or salvage
    26     attached to a form prescribed by the department. The form
    27     shall include information required by the department. A copy
    28     of the form shall be retained for record in accordance with
    29     section 6308(d) (relating to investigation by police
    30     officers). The vehicle shall not be rebuilt, retitled or
    19970H1515B1878                 - 12 -

     1     issued a certificate of any kind.
     2         (2)  The assigned certificate of title with an
     3     application for a certificate of salvage upon a form
     4     prescribed by the department. The certificate of salvage,
     5     when issued to the vehicle salvage dealer, shall have the
     6     same effect as provided in section 1161(c) (relating to
     7     certificate of salvage required).
     8  § 1163.  Transfer to scrap metal processor.
     9     (a)  Flattened vehicles.--When a vehicle has been flattened,
    10  crushed or processed to the extent that it is no longer
    11  identifiable as a vehicle, its certificate of title or salvage
    12  certificate shall be attached to a form prescribed by the
    13  department and immediately sent to the department. The form
    14  shall include such information as the department shall require.
    15  A copy of the form shall be retained for record in accordance
    16  with section 6308(d) (relating to investigation by police
    17  officers). The vehicle scrap material shall no longer be
    18  considered a vehicle and shall not be rebuilt, retitled or
    19  issued a certificate of any kind.
    20     (b)  Vehicles.--Any owner who transfers a vehicle to a scrap
    21  metal processor shall assign the certificate of title or salvage
    22  certificate to the processor. The processor shall attach the
    23  certificate to the proper department form, immediately send it
    24  to the department and retain a copy in accordance with the
    25  provisions of subsection (a).
    26  § 1164.  Theft vehicles.
    27     (a)  General rule.--An owner that reports a vehicle as stolen
    28  shall within 30 days apply for a theft-branded salvage
    29  certificate as provided in section 1161(b) (relating to
    30  certificate of salvage required).
    19970H1515B1878                 - 13 -

     1     (b)  Assessing damage on recovered theft vehicles.--If a
     2  theft-branded certificate of salvage has been issued for a
     3  vehicle which was reported stolen and then recovered, the
     4  vehicle shall immediately upon recovery be assessed as to its
     5  level of damage by an insurer or licensed physical damage
     6  appraiser:
     7         (1)  If the vehicle qualifies as a salvage vehicle, the
     8     theft-branded salvage certificate shall serve as an ownership
     9     document. If the vehicle thereafter passes the rebuilt
    10     salvage vehicle inspection requirements under section 1165
    11     (relating to rebuilt vehicles), it shall receive a "rebuilt,
    12     recovered theft" branded vehicle title.
    13         (2)  If the vehicle does not qualify as a salvage
    14     vehicle, the owner shall apply for a "recovered theft"
    15     branded vehicle title. A legible copy of the vehicle damage
    16     appraisal report completed by an insurer or licensed physical
    17     damage appraiser must accompany an application under this
    18     paragraph.
    19  § 1165.  Rebuilt vehicles.
    20     (a)  General rule.--If a vehicle, other than an antique or
    21  classic vehicle, meeting the definition of salvage, recovered
    22  theft, flood, modified or specially constructed vehicle is
    23  restored to operating condition and passes the rebuilt vehicle
    24  inspection procedure under this subchapter, the vehicle shall be
    25  regarded as a rebuilt vehicle and titled as follows:
    26         (1)  Salvage vehicles shall receive a "rebuilt salvage
    27     vehicle" branded certificate of title.
    28         (2)  Flood vehicles shall receive a "rebuilt flood
    29     vehicle" branded certificate of title.
    30         (3)  Modified vehicles shall receive a "modified vehicle"
    19970H1515B1878                 - 14 -

     1     branded certificate of title.
     2         (4)  Specially constructed vehicles shall receive a
     3     "rebuilt, specially constructed vehicle" branded certificate
     4     of title.
     5         (5)  Recovered theft salvage vehicles shall receive a
     6     "rebuilt, recovered theft" branded certificate of title.
     7     (b)  Application for a rebuilt vehicle certificate of
     8  title.--A rebuilt vehicle registration and valid inspection
     9  sticker shall be issued on the same day to an applicant, if the
    10  applicant presents to an authorized agent of the department at a
    11  specifically designated vehicle inspection site all of the
    12  following:
    13         (1)  Properly assigned, ownership documents, including
    14     out-of-State or out-of-country official vehicle ownership
    15     documents.
    16         (2)  A properly repaired or constructed vehicle to be
    17     designated as rebuilt.
    18         (3)  Four color photographs, front, both sides and rear,
    19     indicating the condition of the vehicle before the repair or
    20     construction began.
    21         (4)  All vehicle identification numbers, invoices, bills
    22     of sale and other receipts for the essential parts used or
    23     purchased in the construction or repair of the vehicle.
    24         (5)  Proof of financial responsibility, if registration
    25     is requested.
    26         (6)  Any other requirement the department deems
    27     appropriate and specifies in regulations.
    28     (c)  Rebuilt vehicle inspection sites.--The Commonwealth
    29  shall establish and approve specially designated rebuilt vehicle
    30  inspection sites at various locations within this Commonwealth
    19970H1515B1878                 - 15 -

     1  that shall serve the rebuilt vehicle needs of the citizens of
     2  this Commonwealth.
     3         (1)  Designated sites shall employ the services of at
     4     least one Pennsylvania State Police officer who is specially
     5     trained to inspect for theft and VIN number tampering and one
     6     vehicular repair inspector who is specially trained to
     7     perform vehicle safety inspections under the State inspection
     8     mechanics' standards and mechanical and structural reviews of
     9     I-CAR.
    10         (2)  The designated personnel at each site shall verify
    11     that:
    12             (i)  The vehicle identification numbers on the
    13         restored vehicle are an accurate match of those listed on
    14         the application, the certificate of title or salvage or
    15         other official ownership document issued by another state
    16         or jurisdiction.
    17             (ii)  No stolen parts were used to modify, construct
    18         or rebuild the vehicle.
    19             (iii)  The vehicle is rebuilt to an I-CAR and State
    20         inspection mechanic's standards to permit safe operation.
    21         (3)  A fee shall be paid to the department for the
    22     inspection. A form prescribed by the department requesting an
    23     appointment to have the vehicle inspected at a designated
    24     rebuilt vehicle inspection site shall be provided. For a
    25     vehicle that requires a reinspection, an additional fee shall
    26     not be required for one reinspection of the vehicle.
    27         (4)  No liability shall be imposed upon the Commonwealth
    28     or its agents or employees for any accident resulting from or
    29     connected with any act or omission relating to the
    30     inspection.
    19970H1515B1878                 - 16 -

     1         (5)  No person shall perform any part of an inspection on
     2     a vehicle owned by the person.
     3     (d)  Advisory panel.--An advisory panel shall be established
     4  to oversee and make recommendations concerning the rebuilt
     5  vehicle inspection site program. The panel shall consist of five
     6  persons and meet at least semi-annually in Harrisburg. The panel
     7  shall consist of one representative from each of the following:
     8  Pennsylvania State Police, consumers, rebuilt inspection
     9  mechanics, the department and vehicle salvage dealers and
    10  salvors.
    11  § 1166.  Penalty.
    12     A person who violates the provisions of this subchapter
    13  commits a summary offense and shall, upon conviction, be
    14  sentenced to pay a fine of $500 for each violation.
    15     Section 6.  Section 1301 of Title 75 is amended by adding a
    16  subsection to read:
    17  § 1301.  Registration and certificate of title required.
    18     * * *
    19     (c.1)  Rebuilt salvage, recovered theft salvage, flood,
    20  modified and specially constructed vehicles.--Only the
    21  department through a designated inspector at a rebuilt vehicle
    22  inspection site under section 1164 (relating to theft vehicles)
    23  may issue a temporary registration plate or card or permit the
    24  transfer of a registration plate in conjunction with any
    25  application for rebuilt salvage, recovered theft salvage, flood,
    26  modified and specially constructed vehicles. Proof of financial
    27  responsibility must accompany the application for registration
    28  prior to the issuance of a registration plate.
    29     * * *
    30     Section 7.  Title 75 is amended by adding a section to read:
    19970H1515B1878                 - 17 -

     1  § 1962.  Rebuilt salvage, recovered theft salvage, flood,
     2             modified and specially constructed vehicle
     3             inspection.
     4     The fee for the inspection of each rebuilt salvage, recovered
     5  theft salvage, flood, modified and specially constructed vehicle
     6  shall be $100. The fee shall be deposited in a nonlapsing fund
     7  and dedicated for the administration of Subchapter E of Chapter
     8  11 (relating to salvage vehicles, theft vehicles and rebuilt
     9  vehicles). The fund shall be utilized for the administration of
    10  the inspection site program and policing of salvage motor
    11  vehicle auction or pool operator activities and any other
    12  potential salvage vehicle tampering or fraud.
    13     Section 8.  Section 7104(d) and (e) of Title 75 are amended
    14  to read:
    15  § 7104.  State replacement vehicle identification number plate.
    16     * * *
    17     (d)  Issuance and display of plate.--The department shall
    18  furnish a State replacement vehicle identification number plate
    19  which shall be immediately [placed in a uniform manner] secured
    20  to the same location as the removed or falsified number plate as
    21  designated by the department on the vehicle. At least the number
    22  plate which is most visible on the vehicle dashboard or cowl
    23  must be replaced.
    24     (e)  Reconstructed or specially constructed vehicle.--The
    25  department may assign a State replacement vehicle identification
    26  number plate for a [reconstructed] rebuilt or specially
    27  constructed vehicle.
    28     Section 9.  This act shall take effect in one year.


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