PRIOR PRINTER'S NO. 1168 PRINTER'S NO. 1448
No. 951 Session of 1983
INTRODUCED BY SHUMAKER, KUSSE, SCANLON, STAPLETON, MELLOW,
LYNCH, MOORE AND JUBELIRER, JULY 20, 1983
SENATOR KUSSE, TRANSPORTATION, AS AMENDED, OCTOBER 25, 1983
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for the licensing and regulation of
3 automotive dismantlers and parts recyclers.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 75 of the Pennsylvania Consolidated
7 Statutes is amended by adding a chapter to read:
8 CHAPTER 79
9 AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS
10 Subchapter
11 A. General Provisions
12 B. Licensure
13 C. Miscellaneous Provisions
14 SUBCHAPTER A
15 GENERAL PROVISIONS
16 Sec.
17 7901. Short title of chapter.
18 7902. Definitions.
1 7903. Rules and regulations.
2 7904. Disposition of fines and penalties.
3 § 7901. Short title of chapter.
4 This chapter shall be known and may be cited as the
5 Automotive Dismantlers and Parts Recyclers Licensing Law.
6 § 7902. Definitions.
7 The following words and phrases when used in this chapter
8 shall have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Automotive dismantler and parts recycler." A person engaged
11 in the business of purchasing and dismantling, disassembling or
12 repairing wrecked, abandoned or repairable motor vehicles, and
13 selling the usable parts thereof, or selling wrecked, abandoned
14 or repairable motor vehicles as a unit at wholesale or selling
15 repaired motor vehicle as a unit at wholesale. For purposes of
16 this chapter, a person is presumed to be engaging in the
17 business of an automotive dismantler and parts recycler if the
18 person possesses five or more inoperable motor vehicles for more
19 than 30 days, except where the inoperable motor vehicles are
20 being held by a licensed salvor or scrap metal processor for the
21 purpose of recycling scrap metal or are being held by a repair
22 business awaiting repairs. THIS DEFINITION SHALL NOT APPLY TO <--
23 ANY PERSON WHO, FOR A HOBBY AND NOT FOR PROFIT, HAS INOPERABLE
24 VEHICLES WHICH UPON RESTORATION ARE CAPABLE OF BEING REGISTERED
25 AS AN ANTIQUE OR CLASSIC VEHICLE.
26 "Salvage pool or salvage disposal sale." A scheduled sale at
27 auction or by private bid of wrecked or repairable motor
28 vehicles by insurance underwriters or dealers, either at retail
29 or wholesale.
30 § 7903. Rules and regulations.
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1 The department may promulgate any rules and regulations it
2 deems necessary to carry out this chapter.
3 § 7904. Disposition of fines and penalties.
4 On the first day of each month or within ten days thereafter,
5 all fines and penalties collected for violations of this chapter
6 shall be paid over to the department, accompanied by a statement
7 setting forth the action or proceeding in which the moneys were
8 collected, the name and residence of the defendant, the nature
9 of the offense and the fines and penalties imposed.
10 SUBCHAPTER B
11 LICENSURE
12 Sec.
13 7911. Licensure of automobile dismantler and parts recycler.
14 7912. Requirement to maintain records.
15 7913. Transfer of automobile to dismantler and parts recycler.
16 7914. Refusal, cancellation or revocation of license.
17 § 7911. Licensure of automobile dismantler and parts recycler.
18 (a) General rule.--No person, unless licensed under this
19 chapter by the department, shall engage in the business of an
20 automobile dismantler and parts recycler.
21 (b) Application.--A person desiring to engage in the
22 business of an automotive dismantler and parts recycler shall
23 apply in writing to the department on a form prescribed by the
24 department, which form shall contain:
25 (1) The name of the applicant.
26 (2) The street address of the applicant's established
27 place of business.
28 (3) A statement that applicant's established place of
29 business and all other facilities meet the requirements of
30 the act of December 15, 1971 (P.L.596, No.160), known as the
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1 Outdoor Advertising Control Act of 1971, where applicable and
2 with the regulations promulgated by the department.
3 (4) The type of business organization of applicant.
4 (5) The applicant's sales tax number.
5 (6) Any additional information required by the
6 department.
7 (c) Fee.--Every application for a license as an automotive
8 dismantler and parts recycler shall be accompanied by a fee of
9 $150 to be collected by the department, unless the applicant has
10 already obtained a valid license under section 3 of the act of
11 July 28, 1966 (3rd Sp.Sess., P.L.91, No.4), referred to as the
12 Junkyard and Automotive Recycler Screening Law, in which case
13 the fee shall be $50.
14 (d) Bond.--Before issuing a license, the department shall
15 require the applicant to furnish and maintain a bond
16 indemnifying the public and the department in the amount of
17 $10,000. An individual bond for each place of business is not
18 required, but all places of business shall be covered by the
19 bond.
20 (e) Duration and renewal.--Licenses shall be issued for a
21 period of one year and shall be subject to annual renewal.
22 § 7912. Requirement to maintain records.
23 Every automotive dismantler and parts recycler shall keep a
24 register of all purchases and sales of motor vehicles for five
25 years from the date of purchase or sale, showing the make,
26 model, year, body style, vehicle identification number and name
27 and address of purchaser or seller. Salvage pools shall furnish
28 the purchaser with the make, model, year, body style, vehicle
29 identification number of the vehicles it sells and, if the owner
30 is an insurance company, the claim number. The register shall be
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1 made available for inspection by identified law enforcement
2 officers of the State, county and municipality of the automotive
3 dismantler and parts recycler's business location at reasonable
4 business hours on business days.
5 § 7913. Transfer of automobile to dismantler and parts
6 recycler.
7 When a licensed automobile dismantler and recycler obtains a
8 destroyed or junked vehicle from a licensed salvor, it is the
9 duty of the salvor to obtain a certificate of junk therefor.
10 When a licensed automobile dismantler and parts recycler
11 purchases a destroyed or junked vehicle from a person other than
12 a salvor, it is the duty of the automobile dismantler and parts
13 recycler to obtain the certificate of junk. The application for
14 the certificate of junk shall comply with the requirements of
15 section 1117 (relating to vehicles destroyed or junked).
16 § 7914. Refusal, cancellation or revocation of license.
17 (a) Violations.--The department may:
18 (1) Refuse a license to any person who does not meet the
19 requirements of this chapter and regulations thereunder.
20 (2) Cancel the license of any licensee for willful
21 failure to continue to meet the requirements of this chapter
22 and regulations thereunder.
23 (3) Refuse, cancel or revoke a license for the felony
24 conviction of a State or Federal law involving theft or for
25 any violation of Chapter 71 (relating to vehicle theft and
26 related provisions) or similar laws of other states by an
27 applicant, a licensee, a partner of an applicant or licensee
28 or a director, officer or manager of a corporate applicant or
29 licensee.
30 (b) Hearing.--A person who is refused a license or whose
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1 license is cancelled or revoked shall be notified in person or
2 by certified mail to the address given on the application of the
3 applicant or licensee and, upon written request within 30
4 calendar days of receipt of the notice, shall be given a hearing
5 upon the proposed action.
6 SUBCHAPTER C
7 MISCELLANEOUS PROVISIONS
8 Sec.
9 7921. Salvage pools.
10 7922. Salvage dealers licensed in other states.
11 7923. Penalty.
12 7924. Injunction.
13 § 7921. Salvage pools.
14 (a) General rule.--Sales at a salvage pool or a salvage
15 disposal sale shall be open only to persons holding a current
16 automotive dismantler and parts recycler license or their
17 authorized agents or employees. These persons must have a
18 separate buyer's identification card to buy at a salvage pool or
19 salvage disposal sale.
20 (b) Buyer's identification card and application form.--
21 (1) A person desiring to purchase a buyer's
22 identification card shall do so by making application to the
23 department upon a form prescribed by the department, which
24 form shall contain:
25 (i) Name of applicant.
26 (ii) Street address of applicant's established place
27 of business.
28 (iii) If an agent or employee, the name of the
29 licensee for whom the applicant will be making purchases
30 at salvage pools or salvage disposal sales.
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1 (iv) The license number under which the applicant
2 will be making purchases.
3 (v) Any other information required by the
4 department.
5 (2) In order to obtain a buyer's identification card, a
6 person shall:
7 (i) Be a licensed automotive dismantler and parts
8 recycler or an agent or employee of a licensed automotive
9 dismantler and parts recycler.
10 (ii) Pay a fee of $15 to the department for
11 processing the buyer's identification card.
12 (3) The card shall be valid as long as the holder is a
13 licensed automotive dismantler and parts recycler or an agent
14 or employee of the same licensed automotive dismantler and
15 parts recycler at the time the card is issued. A buyer's
16 identification card shall not be transferable and, should the
17 holder no longer be a licensed automotive dismantler and
18 parts recycler or an agent or employee of a licensed
19 automotive dismantler and parts recycler, then the card shall
20 become invalid and it shall be the duty of the holder to
21 return the card to the department.
22 (4) A licensee shall not have more than three agents or
23 employees who are holders of a buyer's identification card.
24 (5) It is unlawful for the owner, manager or person in
25 charge of any salvage pool or salvage disposal sale to permit
26 the bidding by a person who does not possess a valid buyer's
27 identification card at a sale. A person who violates this
28 paragraph commits a misdemeanor of the third degree.
29 § 7922. Salvage dealers licensed in other states.
30 Nothing in this chapter prohibits salvage dealers licensed in
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1 other states from buying at a salvage pool or salvage disposal
2 sale if they qualify under this chapter as a holder of a buyer's
3 identification card.
4 § 7923. Penalty.
5 A person who violates any provision of this chapter for which
6 another penalty is not provided commits a summary offense.
7 § 7924. Injunction.
8 The district attorney of a county in which a violation of
9 this chapter occurs may seek injunctive relief in the court of
10 common pleas to prohibit continued violation of this chapter by
11 any person.
12 Section 2. This act shall take effect in six months.
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