PRINTER'S NO. 2336
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1745
Session of
2019
INTRODUCED BY SCHLEGEL CULVER, ROTHMAN, DeLUCA, CALTAGIRONE,
GROVE AND FREEMAN, AUGUST 16, 2019
REFERRED TO COMMITTEE ON TRANSPORTATION, AUGUST 16, 2019
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in certificate of title and security interests,
further providing for certificate of salvage required, for
transfer to vehicle salvage dealer, for transfer to scrap
metal processor and for penalty; and, in enforcement, further
providing for impoundment for nonpayment of fines and
vehicles or combinations with a gross vehicle weight rating
of 17,001 pounds or more and for impoundment for nonpayment
of fines and vehicles or combinations with a gross vehicle
weight rating of 17,000 pounds or less and providing for
lienholder notice of impoundment and recovery of liened
vehicle.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1161(c), 1162(c), 1163(d), 1167, 6309(c)
and 6309.1(d) of Title 75 of the Pennsylvania Consolidated
Statutes are amended to read:
§ 1161. Certificate of salvage required.
* * *
(c) Issuance and effect of certificate of salvage.--Upon
proper application for a certificate of salvage, the department
or agent of the department shall issue to the transferee a
certificate of salvage which shall authorize the holder to
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possess or by endorsement transfer ownership of the salvage
vehicle. No certificate of salvage shall be issued unless the
department or the authorized agent of the department determines
after conducting a documented search of the Commonwealth's
electronic lien and title system that no lien on the vehicle
exists. A certificate of title or registration shall not again
be issued or renewed for the vehicle except upon application
containing the information the department requires, accompanied
by any necessary documents required under section 1165 (relating
to reconstructed vehicles).
* * *
§ 1162. Transfer to vehicle salvage dealer.
* * *
(c) Vehicles with defective or lost title.--Any person on
whose property is located a vehicle which is a salvage vehicle
and which has a faulty, lost or destroyed title may transfer the
vehicle to a salvor or to a salvage program operated by a
political subdivision for removal to a suitable place of storage
or for scrapping, provided the salvor or salvage program
complies with the requirements of this section and t he salvor or
salvage program determines after conducting a documented search
of the Commonwealth's electronic lien and title system that no
lien on the vehicle exists, except that the report to the
department that the vehicle is a salvage vehicle shall be
verified by the transferor of the vehicle instead of the police
department.
§ 1163. Transfer to scrap metal processor.
* * *
(d) Vehicles with defective or lost title.--A vehicle owner
may transfer a salvage vehicle with a faulty, lost or destroyed
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title located on the vehicle owner's property to a scrap metal
processor for removal to a suitable place of storage or for
scrapping, provided that the scrap metal processor complies with
the requirements of this section[.] and the scrap metal
processor determines after conducting a documented search of the
Commonwealth's electronic lien and title system that no lien on
the vehicle exists. The report to the department that the
vehicle is a salvage vehicle shall be verified by the transferor
of the vehicle.
§ 1167. Penalty.
[A] (a) General rule.--Except as provided in subsection (b),
a person who violates the provisions of this subchapter commits
a summary offense and shall, upon conviction, be sentenced to
pay a fine of $500 for each violation.
(b) Check for liened vehicle.--A person who violates section
1162(c) (relating to transfer to vehicle salvage dealer) or
1163(d) (relating to transfer to scrap metal processor) by
failing to search the Commonwealth's electronic lien and title
system to determine whether any liens on the vehicle exist
commits a misdemeanor of the third degree.
§ 6309. Impoundment for nonpayment of fines; vehicles or
combinations with a gross vehicle weight rating of
17,001 pounds or more.
* * *
(c) Notice of impoundment.--[Except in cities of the first
class, the] The appropriate law enforcement officer shall search
the Commonwealth's electronic lien and title system for any
liens and lienholders on an impounded vehicle and give immediate
notice by the most expeditious means and by certified mail,
return receipt requested, of the impoundment and location of the
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vehicle or combination to the owner of the vehicle or
combination and the owner of the load and any lienholders if the
names and addresses of the owner and any lienholder are known or
can be ascertained by investigation. [In cities of the first
class, the Philadelphia Parking Authority shall give immediate
notice by first class mail, proof of mailing, of the impoundment
and location of the vehicle or combination to the owner and the
lienholder of the vehicle or combination using reasonably
available State databases.]
* * *
§ 6309.1. Impoundment for nonpayment of fines; vehicles or
combinations with a gross vehicle weight rating of
17,000 pounds or less.
* * *
(d) Notice of impoundment.--[Except in cities of the first
class, the] The appropriate law enforcement officer shall search
the Commonwealth's electronic lien and title system for any
liens and lienholders on an impounded vehicle and give immediate
notice by the most expeditious means and by certified mail,
return receipt requested, of the impoundment and location of the
vehicle or combination to the owner of the vehicle or
combination and any lienholder and, if applicable, any owner of
the load, if the names and addresses of the owner and any
lienholder are known or can be ascertained by investigation. [In
cities of the first class, the Philadelphia Parking Authority
shall give immediate notice by first class mail, proof of
mailing, of the impoundment and location of the vehicle or
combination to the owner and the lienholder of the vehicle or
combination using reasonably available State databases.]
* * *
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Section 2. Title 75 is amended by adding a section to read:
§ 6309.3. Lienholder notice of impoundment and recovery of
liened vehicle.
(a) General rule.--In addition to any required notification
under section 6309(c) (relating to impoundment for nonpayment of
fines; vehicles or combinations with a gross vehicle weight
rating of 17,001 pounds or more) or 6309.1(d) (relating to
impoundment for nonpayment of fines; vehicles or combinations
with a gross vehicle weight rating of 17,000 pounds or less), if
an impounded vehicle remains unclaimed for three days after
impoundment, the appropriate towing and storage agent shall
search the Commonwealth's electronic lien and title system for
any liens and lienholders on an impounded vehicle and provide
notice by certified mail, return receipt requested, of the
impoundment and location of the vehicle to any lienholder
ascertained through the Commonwealth's electronic lien and title
system. The notice shall be mailed on or before the fourth day
following impoundment of the vehicle and shall include the
vehicle identification information, including the make, model
and year of the vehicle and title and registration information.
(b) Authorization for lienholder to recover vehicle.--A
lienholder is authorized to recover an impounded vehicle at the
impoundment location upon demonstrating that the lienholder is
named in the Commonwealth's electronic lien and title system or
on the title as the lienholder of the vehicle.
(c) Storage fees.--Reasonable storage fees in accordance
with section 3353(c) (relating to prohibitions in specified
places) may be imposed by the appropriate towing and storage
agent except that the agent shall not charge a storage fee for
any period prior to the mailing of the notice required under
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this section or section 6309(c) or 6309.1(d).
(d) Definition.--As used in this section, the term
"appropriate towing and storage agent" means any entity,
including a governmental entity and a towing and storage agent
designated by local ordinance, that operates a towing and
storage facility.
Section 3. This act shall take effect in 60 days.
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