PRINTER'S NO. 1914
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1695
Session of
2021
INTRODUCED BY MAKO, T. DAVIS, MILLARD, MALONEY, BURGOS, ROWE,
FLOOD AND M. MACKENZIE, JUNE 24, 2021
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 24, 2021
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in preliminary provisions, further providing for
definitions; in title, registration and licensing, further
providing for refusing issuance of certificate, for transfer
to vehicle salvage dealer and for transfer to scrap metal
processor and providing for salvor nonrepairable vehicle
reconstruction; in inspection of vehicles, further providing
for limited liability of inspection station or mechanic and
for certificate of appointment for enhanced vehicle safety
inspection for reconstructed vehicle, modified or specially
constructed inspection stations; and, in abandoned vehicles
and cargos, further providing for reports to department of
possession of abandoned vehicles.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "nonrepairable vehicle" and
"reconstructed vehicle" in section 102 of Title 75 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
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indicates otherwise, the meanings given to them in this section:
* * *
"Nonrepairable vehicle." An abandoned vehicle under
paragraph (1)(iii) of the definitions of "abandoned vehicle"
which is incapable of safe operation for use on roadways or
highways and which has no resale value except as a source of
parts or scrap only, a salvage vehicle issued a nonrepairable or
nonrebuildable vehicle document by another state or a vehicle
which a salvor or vehicle salvage dealer designates as a source
for parts or scrap or which the owner irreversibly designates as
a source for parts or scrap. Such vehicles may not be issued a
certificate of title or certificate of salvage[.], except as
permitted under section 1166.1 (relating to salvor nonrepairable
vehicle reconstruction).
* * *
"Reconstructed vehicle." A vehicle, other than an antique or
classic vehicle, for which a certificate of salvage was issued
and is thereafter restored to operating condition to meet the
vehicle equipment and inspection standards under Part IV
(relating to vehicle characteristics). The term shall not
include a nonrepairable vehicle reconstructed under section
1166.1.
* * *
Section 2. Sections 1109, 1162(b)(1) and 1163(c) of Title 75
are amended to read:
§ 1109. Refusing issuance of certificate.
The department may refuse issuance of a certificate of title
or certificate of salvage when it has reasonable grounds to
believe:
(1) That any required fee has not been paid.
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(2) That any taxes payable under the laws of this
Commonwealth on or in connection with, or resulting from, the
acquisition or use of the vehicle have not been paid.
(3) That the applicant is not the owner of the vehicle.
(4) That the application contains a false or fraudulent
statement.
(5) That the applicant has failed to furnish required
information or documents or any additional information the
department reasonably requires.
(6) That the vehicle is a nonrepairable vehicle[.],
except as permitted under section 1166.1 (relating to salvor
nonrepairable vehicle reconstruction).
§ 1162. Transfer to vehicle salvage dealer.
* * *
(b) Certificate of title.--Upon transfer of a certificate of
title to a salvage vehicle dealer, the salvage vehicle dealer
shall immediately send to the department or an authorized agent
of the department either of the following:
(1) The assigned certificate of title attached to a form
prescribed by the department indicating that the vehicle is
to be designated as a nonrepairable vehicle. A copy of the
form shall be retained for record in accordance with section
6308(d) (relating to investigation by police officers). The
vehicle shall not be rebuilt, retitled or issued a
certificate of any kind[.], except as permitted under section
1166.1 (relating to salvor nonrepairable vehicle
reconstruction).
* * *
§ 1163. Transfer to scrap metal processor.
* * *
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(c) Certificate of title.--Upon transfer of a certificate of
title to a scrap metal processor, the scrap metal processor
shall immediately send to the department or an authorized agent
of the department the assigned certificate of title attached to
a form prescribed by the department indicating that the vehicle
is to be designated as a nonrepairable vehicle. A copy of the
form shall be retained for record in accordance with section
6308(d). The vehicle shall not be rebuilt, retitled or issued a
certificate of any kind[.], except as permitted under section
1166.1 (relating to salvor nonrepairable vehicle
reconstruction).
* * *
Section 3. Title 75 is amended by adding a section to read:
§ 1166.1. Salvor nonrepairable vehicle reconstruction.
(a) General rule.-- A salvor may restore to operating
condition a nonrepairable vehicle subject to the provisions of
this section.
(b) Enhanced inspection.-- Prior to the issuance of a
certificate of title by the department under subsection (c), a
nonrepairable vehicle must pass an enhanced vehicle safety
inspection as specified in departmental contracts, policy
guidelines or regulations as deemed appropriate by the
department.
(c) Application for a reconstructed nonrepairable vehicle
certificate of title and registration.--A reconstructed
nonrepairable vehicle title and registration may be issued to a
salvor if the salvor presents to the department an application
for a certificate of title for a reconstructed nonrepairable
vehicle upon a form furnished and prescribed by the department
and any other information the department deems appropriate,
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including information that the reconstructed nonrepairable
vehicle has successfully passed the enhanced inspection required
under subsection (b).
(d) Nonrepairable vehicles from other states.--
(1) For an application submitted under subsection (c)
for a nonrepairable vehicle that has nonrepairable or
nonrebuildable vehicle document issued by another state or a
vehicle for which a salvor or vehicle salvage dealer from
another state designates as a source for parts or scrap, the
department may issue a certificate of title for the
reconstructed nonrepairable vehicle branded as an out-of-
State nonrepairable vehicle.
(2) A salvor may not sell or otherwise transfer
ownership of a reconstructed nonrepairable vehicle issued a
certificate of title under paragraph (1) to a person who is
not a resident of this Commonwealth or otherwise not
permitted to register a vehicle within this Commonwealth
unless:
(i) the certificate of title under paragraph (1) is
returned to the department; and
(ii) the vehicle is sold or ownership is transferred
according to the title, documentation or designation
from another state previous to receiving the certificate
of title under paragraph (1).
(3) The department shall conspicuously print on a
certificate of title issued under paragraph (1) a statement
containing the prohibition under paragraph (2).
(e) Penalties.--
(1) A person who violates the provisions of this section
commits a summary offense and shall, upon conviction, be
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sentenced to pay a fine of $500 for each violation.
(2) The department may suspend or revoke the salvor
certificate of a salvor who violates subsection (d)(2).
Section 4. Sections 4702.1(a), 4723.1 and 7304 of Title 75
are amended to read:
§ 4702.1. Limited liability of inspection station or mechanic.
(a) General rule.--An inspection conducted pursuant to
section 4702(a) (relating to annual inspection), 1166.1
(relating to salvor nonrepairable vehicle reconstruction) or
1165.1 (relating to inspection of reconstructed, modified and
specially constructed vehicles) shall not be construed as a
guaranty of the safety of any vehicle and neither the official
inspection station issuing the certificate of inspection nor the
official inspection mechanic performing the inspection shall be
liable to the owner or occupants of any inspected vehicle for
any damages caused by the failure or malfunction of that vehicle
or to the owner or occupants of any vehicle involved in an
accident with that inspected vehicle or to any pedestrian
injured in the accident unless it can be shown by a
preponderance of the evidence that the failure was caused by the
negligence of the inspection station or mechanic. An official
inspection mechanic in the course of his duties relating to the
road test portion of an official vehicle safety inspection shall
not be cited by law enforcement personnel for any violation
relating to vehicle equipment. This provision does not preclude
an official inspection mechanic from being cited by law
enforcement personnel for moving violations committed during the
road test portion of an official vehicle safety inspection.
* * *
§ 4723.1. Certificate of appointment for enhanced vehicle
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safety inspection for reconstructed vehicle, modified
or specially constructed inspection stations.
The department shall issue a certificate of appointment for
enhanced vehicle safety inspection for reconstructed vehicle,
modified or specially constructed inspection stations[.] or for
inspection stations performing enhanced safety inspections
pursuant to section 1166.1 (relating to salvor nonrepairable
vehicle reconstruction).
§ 7304. Reports to department of possession of abandoned
vehicles.
Any salvor taking possession of an abandoned vehicle pursuant
to section 7303.1 (relating to duty of police and salvors) shall
within 48 hours after taking possession send an abandoned
vehicle information report to the department. If the report
indicates the vehicle is a salvage vehicle, the salvor shall
include a photograph of the vehicle to be prepared in a manner
prescribed by the department. Any nonrepairable vehicle which
does not display an identifiable registration plate, current
certificate of inspection and ascertainable vehicle
identification number shall be taken into possession and
flattened or crushed immediately[.], unless the salvor intends
to reconstruct the nonrepairable vehicle pursuant to section
1166.1 (relating to salvor nonrepairable vehicle
reconstruction). There is no requirement to notify the
department[.] unless the salvor intends to reconstruct the
nonrepairable vehicle pursuant to section 1166.1. The department
shall require, upon a form furnished and prescribed by the
department, a salvor to notify the department of the salvor's
intent to reconstruct a nonrepairable vehicle pursuant to
section 1166.1.
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Section 5. This act shall take effect in 60 days.
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