PRINTER'S NO. 1672
No. 1433 Session of 1995
INTRODUCED BY L. I. COHEN, FARGO, TRELLO, BELARDI, COLAFELLA,
KENNEY, MERRY, M. COHEN, CLARK, HASAY, MILLER, E. Z. TAYLOR,
SERAFINI, BROWNE, ALLEN, WOGAN, BATTISTO, MELIO, DURHAM,
HENNESSEY AND PISTELLA, APRIL 25, 1995
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 25, 1995
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for unauthorized use
3 of automobiles and other vehicles; and making a repeal.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3928 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 3928. Unauthorized use of automobiles and other vehicles.
9 (a) Offense defined.--A person is guilty of a [misdemeanor
10 of the second] felony of the third degree if he operates or is
11 in actual physical control of the automobile, airplane,
12 motorcycle, motorboat, or other motor-propelled vehicle of
13 another without consent of the owner.
14 (b) Defense.--It is a defense to prosecution under this
15 section that the actor reasonably believed that the owner would
16 have consented to the operation had he known of it.
17 Section 2. Title 18 is amended by adding a section to read:
1 § 3934. Vehicle theft.
2 Vehicle theft and related offenses are covered in Chapter 40.
3 Section 3. Title 18 is amended by adding a chapter to read:
4 CHAPTER 40
5 VEHICLE THEFT AND RELATED PROVISIONS
6 Subchapter
7 A. Definitions
8 B. Identification Number
9 C. Stolen Vehicles
10 D. Misuse of Documents and Plates
11 E. Tampering With Odometers
12 SUBCHAPTER A
13 DEFINITIONS
14 Sec.
15 4001. Definitions.
16 § 4001. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Commercial implement of husbandry." A self-propelled
21 vehicle used commercially to apply nutrients, soil amendments or
22 chemicals for production agriculture and operated or moved upon
23 highways for not more than 180 days in a calendar year.
24 "Court." Includes (when exercising criminal or quasi-
25 criminal jurisdiction pursuant to 42 Pa.C.S. § 1515 (relating to
26 jurisdiction and venue) or concerning the receipt, storage,
27 reproduction, electronic transmission and admissibility of
28 documentation 75 Pa.C.S. § 1377 (relating to judicial review of
29 denial or suspension of registration) or 1550 (relating to
30 judicial review)) a district justice or issuing authority or the
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1 equivalent official from the Federal Government or another
2 state.
3 "Dealer." A person engaged in the business of buying,
4 selling or exchanging vehicles.
5 "Department." The Department of Transportation of the
6 Commonwealth.
7 "Driver's license." A license or permit to drive a motor
8 vehicle issued under Title 75 (relating to vehicles).
9 "Foreign vehicle." A vehicle of a type required to be
10 registered under Title 75 (relating to vehicles) brought into
11 this Commonwealth from another state, territory or country other
12 than in the ordinary course of business by or through a
13 manufacturer or dealer and not registered in this Commonwealth.
14 "Implement of husbandry." A vehicle designed or adapted and
15 determined by the Department of Transportation to be used
16 exclusively for agricultural operations and infrequently
17 operated or moved upon highways.
18 "Motor vehicle." A vehicle which is self-propelled except
19 one which is propelled solely by human power or by electric
20 power obtained from overhead trolley wires, but not operated
21 upon rails.
22 "Owner." A person, other than a lienholder, having the
23 property right in or title to a vehicle. The term includes a
24 person entitled to the use and possession of a vehicle subject
25 to a security interest in another person, but excludes a lessee
26 under a lease not intended as security.
27 "Pedalcycle." A vehicle propelled solely by human-powered
28 pedals.
29 "Person." A natural person, firm, copartnership, association
30 or corporation.
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1 "Police officer." A natural person authorized by law to make
2 arrests for violations of law.
3 "Reconstructed vehicle." A vehicle materially altered from
4 its original construction by the removal, addition or
5 substitution of essential parts, new or used, or a vehicle,
6 other than an antique or classic vehicle, for which a
7 certificate of junk was issued and is thereafter restored to
8 operating condition.
9 "Recovered theft vehicle." A vehicle other than an antique
10 or classic vehicle which was reported as stolen but subsequently
11 recovered for which a certificate of salvage was issued and
12 which would otherwise be regarded as a reconstructed vehicle,
13 except that the retail value of any repairs to restore the
14 vehicle to operating condition does not exceed 50% of the actual
15 cash value of the vehicle as determined by averaging the average
16 retail values listed in the Official Used Car Guide for Domestic
17 and Imported Cars published by the National Automobile Dealers
18 Association and the Automobile Red Book Official Used Car
19 Validations published by the Maclean Hunter Market Reports,
20 Incorporated.
21 "Recreational trailer." A trailer designed or adapted and
22 used exclusively for recreational purposes.
23 "Registered gross weight." The maximum gross weight at which
24 a vehicle or combination is registered in this Commonwealth to
25 operate upon a highway, which shall include the weight at which
26 a vehicle or combination is registered for operation in this
27 Commonwealth under any system of proportional registration
28 pursuant to 75 Pa.C.S. Ch. 61 Subch. C (relating to
29 reciprocity).
30 "Registration." The authority for a vehicle to operate on a
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1 highway as evidenced by the issuance of an identifying card and
2 plate or plates.
3 "Security interest." An interest in a vehicle reserved or
4 created by agreement which secures payment or performance of an
5 obligation. The term includes the interest of a lessor under a
6 lease intended as security. A security interest is perfected
7 when it is valid against third parties generally, subject only
8 to specific statutory exceptions.
9 "Shall." Indicates that an action is required or prohibited.
10 "Should." Indicates that an action is advisable but not
11 required.
12 "Special mobile equipment." Vehicles not designed or used
13 primarily for the transportation of persons or property and only
14 incidentally operated or moved over a highway, including, but
15 not limited to: ditch digging apparatus, well boring apparatus;
16 earth moving and road construction and maintenance machinery,
17 such as asphalt spreaders, bituminous mixers, bucket loaders,
18 snowplows, ditchers, graders, finishing machines, road rollers,
19 scarifiers, earth moving carryalls, scrapers, power shovels and
20 drag lines; and self-propelled cranes and tractors, other than
21 truck tractors. The term does not include house trailers; dump
22 trucks; truck-mounted transit mixers, cranes or shovels; or
23 other vehicles designed for the transportation of persons or
24 property to which machinery has been attached.
25 "Specially constructed vehicle." A vehicle not originally
26 constructed under a distinctive name, make, model or type by a
27 generally recognized manufacturer of vehicles.
28 "State." A state, territory or possession of the United
29 States, the District of Columbia, the Commonwealth of Puerto
30 Rico or a province of Canada.
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1 "Vehicle." Every device in, upon or by which any person or
2 property is or may be transported or drawn upon a highway,
3 except devices used exclusively upon rails or tracks.
4 "Vehicle identification number." A combination of numerals
5 or letters or both which the manufacturer assigns to a vehicle
6 for identification purposes, or, in the absence of a
7 manufacturer-assigned number, which the Department of
8 Transportation assigns to a vehicle for identification purposes.
9 SUBCHAPTER B
10 IDENTIFICATION NUMBER
11 Sec.
12 4011. Requirement for identification number.
13 4012. Removal or falsification of identification number.
14 4013. Dealing in vehicles with removed or falsified numbers.
15 4014. State replacement vehicle identification number plate.
16 4015. Seizure of vehicles with removed or falsified numbers.
17 § 4011. Requirement for identification number.
18 Every vehicle other than a pedalcycle shall contain a vehicle
19 identification number which shall be placed upon or incorporated
20 into the vehicle in such manner as to be a permanent part of the
21 vehicle.
22 § 4012. Removal or falsification of identification number.
23 (a) Offense defined.--A person who willfully places a false
24 identification number on or removes, sells or falsifies an
25 existing identification number of a vehicle, engine,
26 transmission or any other vehicle part bearing an identification
27 number commits a misdemeanor of the third degree.
28 (b) Fraudulent intent.--A person who willfully and with
29 intent to conceal or misrepresent the identity of a vehicle,
30 engine, transmission or any other vehicle part bearing an
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1 identification number, places a false identification number
2 thereon or removes, sells or falsifies an existing
3 identification number thereof, commits a misdemeanor of the
4 first degree.
5 (c) Exception.--This section does not apply to the removal
6 of a metal vehicle identification number plate from a vehicle
7 for which a certificate of salvage has been obtained in
8 accordance with 75 Pa.C.S. § 1117 (relating to vehicle
9 destroyed, dismantled, salvaged or recycled). Neither does this
10 section prohibit the removal of a metal vehicle identification
11 number plate from a vehicle part that is damaged when such
12 removal is necessary for proper repair or matching
13 identification of a replacement vehicle part, but such removal
14 is allowed only if the proper matching metal vehicle
15 identification number plate is immediately and properly secured
16 to the repaired or replacement part.
17 § 4013. Dealing in vehicles with removed or falsified numbers.
18 (a) Offense defined.--A person who buys, receives,
19 possesses, sells or disposes of a vehicle, engine, transmission
20 or any other vehicle part bearing an identification number
21 knowing that an identification number has been removed, a false
22 identification number has been placed thereon or an existing
23 identification number has been falsified, commits a misdemeanor
24 of the third degree.
25 (b) Knowledge of fraudulent intent.--A person who buys,
26 receives, possesses, sells or disposes of a vehicle, engine,
27 transmission or any other vehicle part bearing an identification
28 number with knowledge that an identification number has been
29 removed, a false identification number has been placed thereon
30 or an existing identification number has been falsified with
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1 intent to conceal or misrepresent the identity thereof, commits
2 a felony of the third degree.
3 (c) Exception.--This section does not apply to the removal
4 of a metal vehicle identification number plate from a vehicle
5 for which a certificate of salvage has been obtained in
6 accordance with 75 Pa.C.S. § 1117 (relating to vehicle
7 destroyed, dismantled, salvaged or recycled). Neither does this
8 section prohibit the removal of a metal vehicle identification
9 number plate from a vehicle part that is damaged when such
10 removal is necessary for proper repair or matching
11 identification of a replacement vehicle part, but such removal
12 is allowed only if the proper matching metal vehicle
13 identification number plate is immediately and properly secured
14 to the repaired or replacement part.
15 § 4014. State replacement vehicle identification number plate.
16 (a) General rule.--No vehicle on which the vehicle
17 identification number has been removed or falsified shall be
18 titled under 75 Pa.C.S. Ch. 11 (relating to certificate of title
19 and security interests) or registered under 75 Pa.C.S. Ch. 13
20 (relating to registration of vehicles) without a special permit
21 from the department.
22 (b) Application for plate.--Before a certificate of title or
23 registration for the vehicle can be obtained, the owner shall
24 apply to the department for a State replacement vehicle
25 identification number plate on a form furnished by the
26 department which shall contain the full name and address of the
27 owner and any other information the department may deem
28 necessary, as certified by a police officer.
29 (c) Designation on plate.--The State replacement vehicle
30 identification number plate shall contain:
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1 (1) Official department identification.
2 (2) The manufacturer's vehicle identification number, if
3 known, or a number assigned by the department.
4 (d) Issuance and display of plate.--The department shall
5 furnish a State replacement vehicle identification number plate
6 which shall be immediately placed in a uniform manner as
7 designated by the department on the vehicle.
8 (e) Reconstructed or specially constructed vehicle.--The
9 department may assign a State replacement vehicle identification
10 number plate for a reconstructed or specially constructed
11 vehicle.
12 § 4015. Seizure of vehicles with removed or falsified numbers.
13 (a) Duty of police.--Every police officer having knowledge
14 of a vehicle on which the vehicle identification number has been
15 removed or falsified shall immediately seize and take possession
16 of the vehicle and arrest or file a complaint for the arrest of
17 the suspected owner or custodian. In all actions involving
18 seizure or possession of such vehicles, vehicle identification
19 information shall be transmitted to the Federal or other
20 agencies involved in recovery of stolen vehicles.
21 (b) Proceedings if owner known.--The court, upon petition of
22 the owner or of the person entitled to possession of a seized
23 vehicle, may relinquish custody of the vehicle to the person
24 legally entitled to the vehicle. Any vehicle in the possession
25 or custody of a police officer shall not be released to the
26 owner or person legally entitled to possession of a seized
27 vehicle pursuant to this section until such time as a
28 replacement vehicle identification number plate has been
29 obtained. Proof of the replacement vehicle identification number
30 must be exhibited to the police officer at the time of release,
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1 together with the court order relinquishing custody. The
2 provisions with regard to the securement of a replacement
3 vehicle identification number shall not apply when the vehicle
4 is titled in a foreign state and will be removed from this State
5 immediately upon release. If the foreign vehicle will not be
6 removed immediately, the exception does not apply and a
7 replacement vehicle identification number must be obtained.
8 Except as otherwise provided in this section, the court shall
9 retain in custody the seized vehicle pending prosecution of the
10 person arrested. In case the person is found guilty, the vehicle
11 shall remain in the custody of the court until the fine and
12 costs of prosecution are paid, except that if 90 days have
13 elapsed after the verdict has been rendered and the fine and
14 costs have not been paid, the court shall proceed to advertise
15 and sell the vehicle in the manner provided by law for the sale
16 of personal property under execution. The proceeds from the sale
17 shall be used to pay the fine and costs of prosecution and the
18 balance, if any, shall be forwarded to the department to be
19 transmitted to the State Treasurer for deposit in the Motor
20 License Fund.
21 (c) Proceedings if owner unknown.--If ownership of the
22 vehicle is not established to the satisfaction of the court, the
23 vehicle shall be confiscated by the court and sold immediately,
24 and the proceeds shall be used to pay the costs of proceedings
25 and the balance, if any, shall be forwarded to the department to
26 be transmitted to the State Treasurer for deposit in the Motor
27 License Fund.
28 SUBCHAPTER C
29 STOLEN VEHICLES
30 Sec.
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1 4021. Dealing in titles and plates for stolen vehicles.
2 4022. False report of theft or conversion of vehicle.
3 4023. Reporting stolen and recovered vehicles.
4 4024. Records of stolen vehicles.
5 4025. Application for certificate of title of stolen
6 vehicle.
7 4026. Fraudulent removal of vehicle from garage.
8 § 4021. Dealing in titles and plates for stolen vehicles.
9 A person commits a felony of the second degree if the person
10 with fraudulent intent procures or attempts to procure a
11 certificate of title or registration plate for a vehicle, or
12 passes or attempts to pass a certificate of title or an
13 assignment to a vehicle, knowing or having reason to believe
14 that the vehicle has been stolen.
15 § 4022. False report of theft or conversion of vehicle.
16 A person commits a misdemeanor of the first degree if the
17 person knowingly makes a false report of the theft or conversion
18 of a vehicle to a police officer or to the department.
19 § 4023. Reporting stolen and recovered vehicles.
20 (a) Stolen vehicle.--Every police department or police
21 office, having knowledge of a stolen vehicle, shall immediately
22 furnish the Pennsylvania State Police with full information
23 about the stolen vehicle. The Pennsylvania State Police shall
24 forward the stolen vehicle information to the department.
25 (b) Recovered stolen vehicle.--Within 48 hours of the
26 recovery or receiving notice of recovery of a stolen vehicle by
27 the police department to which the theft was originally
28 reported, the police shall notify the owner of the vehicle. If
29 the vehicle was recovered by a police department other than the
30 police department to which the theft was originally reported,
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1 the police department that recovered the vehicle shall promptly
2 notify the police department to which the theft was originally
3 reported, which police department in turn shall notify the
4 owner. If the vehicle was recovered without their knowledge, the
5 owner shall notify the same police department to which the theft
6 was originally reported. On recovering or receiving and
7 verifying the report of recovery of a stolen vehicle, the police
8 shall notify the Pennsylvania State Police. The Pennsylvania
9 State Police shall notify the department of the recovery.
10 § 4024. Records of stolen vehicles.
11 (a) General rule.--The department shall, upon receiving a
12 report of the theft of a vehicle, make an entry onto the
13 vehicle's record that it has been reported as stolen, which
14 entry shall remain until a report of recovery has been received
15 as provided in section 4023(b) (relating to reporting stolen and
16 recovered vehicles). If the vehicle is not reported as recovered
17 within five years, the department may remove the record from its
18 files.
19 (b) List of stolen and recovered vehicles.--The department
20 shall prepare periodic reports listing vehicles, stolen and
21 recovered, as disclosed by the reports submitted, to be
22 distributed as provided in regulations promulgated by the
23 department.
24 § 4025. Application for certificate of title of stolen vehicle.
25 Upon receipt of an application for a certificate of title
26 under 75 Pa.C.S. Ch. 11 (relating to certificate of title and
27 security interests) of a stolen vehicle, the department shall
28 notify the Pennsylvania State Police and the rightful owner and
29 shall withhold the issuing of the certificate of title until the
30 proper investigation is made.
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1 § 4026. Fraudulent removal of vehicle from garage.
2 No person shall remove or cause to be removed, by any false
3 pretension or with intent to defraud, any vehicle that has been
4 placed in a garage or automobile shop for storage, repair or
5 garage service.
6 SUBCHAPTER D
7 MISUSE OF DOCUMENTS AND PLATES
8 Sec.
9 4031. False application for certificate of title or
10 registration.
11 4032. Altered, forged or counterfeit document and plates.
12 4033. Sale or purchase of certificate or other document.
13 4034. Fraudulent use or removal of registration plate.
14 § 4031. False application for certificate of title or
15 registration.
16 A person commits a felony of the second degree if the person
17 uses a false or fictitious name or address or makes a material
18 false statement, or fails to disclose a security interest, or
19 conceals any other material fact in an application for a
20 certificate of title under 75 Pa.C.S. Ch. 11 (relating to
21 certificate of title and security interests) or for registration
22 under 75 Pa.C.S. Ch. 13 (relating to registration of vehicles).
23 § 4032. Altered, forged or counterfeit documents and plates.
24 A person commits a felony of the second degree if the person,
25 with fraudulent intent:
26 (1) alters, forges or counterfeits a certificate of
27 title issued under 75 Pa.C.S. Chs. 11 (relating to
28 certificate of title and security interests), 13 (relating to
29 registration of vehicles) and 17 (relating to financial
30 responsibility), or inspection certificate or proof of
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1 insurance issued under 75 Pa.C.S. Ch. 17;
2 (2) alters or forges an assignment of a certificate of
3 title, or an assignment or release of a security interest on
4 a certificate of title or any other document issued or
5 prepared for issue by the department;
6 (3) has possession of, sells or attempts to sell, uses
7 or displays a certificate of title, registration card or
8 plate, driver's license, proof of financial responsibility
9 required under 75 Pa.C.S. Ch. 17, inspection certificate
10 issued under 75 Pa.C.S. Ch. 47 (relating to inspection of
11 vehicles) or any other document issued by the department,
12 knowing it to have been altered, forged or counterfeited;
13 (4) obtains or attempts to obtain a certificate of
14 inspection without valid proof of financial responsibility;
15 or
16 (5) provides a certificate of inspection where there is
17 no valid proof of financial responsibility.
18 § 4033. Sale or purchase of certificate or other document.
19 It is unlawful to purchase or sell a certificate or any other
20 document issued by the department. Police officers or department
21 representatives may confiscate such certificates or documents
22 when unlawfully possessed or used.
23 § 4034. Fraudulent use or removal of registration plate.
24 A person who either removes a registration plate issued under
25 75 Pa.C.S. Ch. 13 (relating to registration of vehicles) from a
26 vehicle or affixes to a vehicle a registration plate not
27 authorized by law for use on the vehicle, with intent to conceal
28 or misrepresent the identity of the vehicle or its owner,
29 commits a misdemeanor of the second degree punishable by a fine
30 of not less than $100 nor more than $500 or to imprisonment for
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1 not more than 90 days, or both.
2 SUBCHAPTER E
3 TAMPERING WITH ODOMETERS
4 Sec.
5 4041. Definitions.
6 4042. Prohibited activities relating to odometers.
7 4043. Permissible activities relating to odometers.
8 4044. Odometer disclosure requirements.
9 4045. Odometer mileage statement retention.
10 4046. Conspiracy to violate odometer requirements.
11 4047. Violation of Unfair Trade Practices and Consumer
12 Protection Law.
13 4048. Civil liability.
14 4049. Penalties.
15 § 4041. Definitions.
16 The following words and phrases when used in this subchapter
17 shall have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Dealer." A person engaged in the business of buying,
20 selling or exchanging motor vehicles.
21 "Motor vehicle auction." A sale transaction conducted by
22 means of oral or written exchanges between an auctioneer and the
23 members of the audience, which exchanges consist of a series of
24 invitations for offers for the purchase of motor vehicles made
25 by the auctioneer and offers to purchase made by members of the
26 audience and culminate in the acceptance by the auctioneer of
27 the highest or most favorable offer made by a member of the
28 participating audience.
29 "Motor vehicle auction company." A person who, as a part of
30 that person's business, arranges, manages, sponsors, advertises
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1 or carries out motor vehicle auctions.
2 "Odometer." An instrument for measuring and recording the
3 actual distance a motor vehicle travels while in operation. The
4 term does not include any auxiliary odometer designed to be
5 reset by the operator of the motor vehicle for the purpose of
6 recording mileage on trips.
7 "Person." A natural person, association, partnership,
8 corporation or trust.
9 "Repair and replacement." To restore to a sound working
10 condition by replacing the odometer or any part thereof or by
11 correcting what is inoperative.
12 "Transfer." To change ownership by purchase, gift or any
13 other means.
14 "Transferee." A person to whom the ownership in a motor
15 vehicle is transferred by purchase, gift or any means other than
16 by creation of a security interest.
17 "Transferor." A person who transfers ownership in a motor
18 vehicle by sale, gift or any means other than by creation of a
19 security interest.
20 § 4042. Prohibited activities relating to odometers.
21 (a) Devices causing improper odometer reading.--No person
22 shall advertise for sale, sell, use or install, or cause to be
23 installed, any device which causes an odometer to register any
24 mileage other than the true mileage driven which is that mileage
25 driven by the vehicle as registered by the odometer within the
26 manufacturer's designed tolerance.
27 (b) Change of odometer reading.--No person shall disconnect,
28 reset or alter, or cause to be disconnected, reset or altered,
29 the odometer of any motor vehicle with intent to change the
30 number of miles indicated on the odometer.
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1 (c) Operation with disconnected or nonfunctional odometer.--
2 No person shall, with intent to defraud, operate a motor vehicle
3 on any street or highway knowing that the odometer of that
4 vehicle is disconnected or nonfunctional.
5 § 4043. Permissible activities relating to odometers.
6 (a) General rule.--Nothing in this subchapter prevents the
7 service, repair or replacement of an odometer if the mileage
8 indicated remains the same as before the service, repair or
9 replacement. Where the odometer is incapable of registering the
10 same mileage as before the service, repair or replacement, the
11 odometer shall be adjusted to read zero and a notice in writing
12 shall be attached to the left door frame of the vehicle by the
13 owner or his agent specifying the mileage prior to repair or
14 replacement of the odometer and the date on which it was
15 repaired or replaced.
16 (b) Prohibitions.--
17 (1) No person shall fail to adjust an odometer or affix
18 a notice regarding the adjustment as required pursuant to
19 subsection (a).
20 (2) No person shall, with intent to defraud, remove or
21 alter any notice affixed to a motor vehicle pursuant to
22 subsection (a).
23 § 4044. Odometer disclosure requirements.
24 (a) Odometer mileage statement.--Prior to or simultaneously
25 with the execution of any ownership transfer document relating
26 to a motor vehicle, each transferor of a motor vehicle shall
27 furnish to the transferee a written statement signed by the
28 transferor containing the following information:
29 (1) The odometer reading at the time of transfer.
30 (2) The date of transfer.
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1 (3) The transferor's name and current address.
2 (4) The transferee's name and current address.
3 (5) The identity of the vehicle, including its make,
4 year and body type and its complete vehicle identification
5 number.
6 (6) (i) A certification by the transferor that, to the
7 best of his knowledge, the odometer reading reflects the
8 actual miles or kilometers the vehicle has been driven;
9 (ii) if the transferor knows that the odometer
10 reading reflects the amount of mileage in excess of the
11 designed mechanical odometer limit of 99,999 miles or
12 kilometers, he shall include a statement to that effect;
13 or
14 (iii) if the transferor knows that the odometer
15 reading differs from the number of miles or kilometers
16 the vehicle has actually traveled and that the difference
17 is greater than that caused by odometer calibration
18 error, he shall include a statement that the odometer
19 reading is not the actual mileage and should not be
20 relied upon.
21 The transferee shall acknowledge receipt of the disclosure
22 statement by signing it.
23 (b) Prohibitions.--
24 (1) No transferor shall violate any provision of this
25 section or give a false statement to a transferee in making
26 any disclosure required by this section.
27 (2) No transferee shall accept any written disclosure
28 required by any provision of this section if the disclosure
29 is incomplete.
30 (c) Auction sales.--With regard to any motor vehicle whose
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1 ownership is transferred through a motor vehicle auction sales
2 transaction, the motor vehicle auction company conducting the
3 sale shall receive from the transferor a copy of the odometer
4 mileage statement which the transferor is required by subsection
5 (a) to provide to the transferee.
6 (d) Other acceptable disclosure forms.--Either an odometer
7 mileage statement, approved by the United States Secretary of
8 Transportation under section 408(a) of the Motor Vehicle
9 Information and Cost Savings Act (Public Law 92-513, 15 U.S.C. §
10 1988(a)), or a Pennsylvania ownership transfer document,
11 approved by the department, which includes the odometer
12 disclosure information as prescribed in subsection (a) shall be
13 deemed to satisfy all the requirements for the content and form
14 of odometer mileage statements. Nothing in this subsection shall
15 exempt a dealer or motor vehicle auction company from the
16 provisions of section 4045 (relating to odometer mileage
17 statement retention).
18 (e) Exemptions.--A transfer of any of the following types of
19 motor vehicles is exempt from the requirements of this section:
20 (1) A motor vehicle having a registered gross weight of
21 more than 16,000 pounds.
22 (2) A motor vehicle 10 years or older.
23 (3) An implement of husbandry.
24 (4) Special mobile equipment.
25 (5) A commercial implement of husbandry.
26 § 4045. Odometer mileage statement retention.
27 (a) General rule.--Each dealer or motor vehicle auction
28 company who is required by this subchapter to execute or receive
29 an odometer mileage statement shall retain for four years each
30 odometer mileage statement which he receives. He shall also
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1 retain for four years a photostat, carbon or other facsimile
2 copy of each odometer mileage statement which he issues. The
3 dealer shall retain each odometer mileage statement at the
4 primary place of business in an order that is appropriate to his
5 business requirements and that permits systematic retrieval. The
6 statement may be reproduced as long as no information or
7 identifying marks such as signatures are lost in the
8 reproduction.
9 (b) Inspection.--Each dealer or motor vehicle auction
10 company shall make any odometer mileage statement which it has
11 retained available for inspection and copying by law enforcement
12 authorities, the Attorney General or his designee and any
13 district attorney or his designee.
14 § 4046. Conspiracy to violate odometer requirements.
15 No person shall conspire with any other person to violate
16 section 4042 (relating to prohibited activities relating to
17 odometers), 4043 (relating to permissible activities relating to
18 odometers) or 4044 (relating to odometer disclosure
19 requirements).
20 § 4047. Violation of Unfair Trade Practices and Consumer
21 Protection Law.
22 A violation of any provision of this subchapter or regulation
23 promulgated hereunder constitutes "unfair methods of
24 competition" and "unfair or deceptive acts or practices" within
25 the meaning of section 2(4) of the act of December 17, 1968
26 (P.L.1224, No.387), known as the Unfair Trade Practices and
27 Consumer Protection Law.
28 § 4048. Civil liability.
29 (a) General rule.--A person who, with intent to defraud,
30 violates any requirement imposed under this subchapter shall be
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1 liable in an amount equal to the sum of three times the amount
2 of actual damages sustained or $1,500, whichever is the greater,
3 and, in the case of any successful action to enforce this
4 liability, the costs of the action together with reasonable
5 attorney fees as determined by the court.
6 (b) Statute of limitations.--An action to enforce any
7 liability created under subsection (a) may be brought by any
8 person within two years from the date on which the liability
9 arises.
10 § 4049. Penalties.
11 (a) Criminal penalty.--A person who knowingly and willfully
12 commits any act or causes to be done any act that violates any
13 provision of this subchapter or knowingly and willfully omits to
14 do any act or causes to be omitted any act that is required by
15 any such provision commits a misdemeanor of the third degree for
16 the first offense and a misdemeanor of the first degree for a
17 subsequent offense.
18 (b) Corporate liability for penalty.--Any individual,
19 director, officer or agent of a corporation who knowingly and
20 willfully authorizes, orders or performs any of the acts or
21 practices constituting in whole or in part a violation of any
22 provision of this subchapter commits a misdemeanor of the third
23 degree for the first offense and a misdemeanor of the first
24 degree for a subsequent offense under this section without
25 regard to any penalties to which that corporation may be subject
26 under subsection (a).
27 Section 4. The provisions of 75 Pa.C.S. Ch. 71 are repealed.
28 Section 5. This act shall take effect in 90 days.
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