H1240B1474A05863 BIL:BTW 03/09/18 #90 A05863
AMENDMENTS TO HOUSE BILL NO. 1240
Sponsor: REPRESENTATIVE MARSHALL
Printer's No. 1474
Amend Bill, page 1, lines 1 through 4, by striking out all of
said lines and inserting
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in certificate of title and security interests,
further providing for content and effect of certificate of
title and for theft vehicles; and making an editorial change.
Amend Bill, page 1, lines 7 through 18; page 2, lines 1
through 30; page 3, lines 1 through 28; by striking out all of
said lines on said pages and inserting
Section 1. Section 1106(b) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1106. Content and effect of certificate of title.
* * *
(b) Indication of special use or condition.--No person shall
assign a certificate of title to any vehicle unless the
certificate clearly contains notice of the use or condition if
the vehicle is or has been:
(1) used as a police car;
(2) used as a taxicab for the transport of passengers,
for hire, having a seating capacity of nine or fewer
passengers;
(3) an abandoned vehicle;
(4) a flood vehicle;
(5) a modified vehicle;
(6) a reconstructed vehicle;
(7) a specially constructed vehicle;
(8) a recovered theft vehicle or a theft vehicle, if
required under section 1164 (relating to theft vehicles);
(9) a vehicle originally manufactured for intended
distribution outside the United States;
(10) bearing a VIN plate differing from its original; or
(11) a motor vehicle returned to a vehicle dealer or
manufacturer pursuant to the act of March 28, 1984 (P.L.150,
No.28), known as the Automobile Lemon Law.
Indication of the use or condition shall be deemed part of the
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description of the vehicle. Any person violating this subsection
commits a summary offense and shall, upon conviction, be
sentenced to pay a fine of $200.
* * *
Section 2. Section 1164(b)(2) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 1164. Theft vehicles.
* * *
(b) Assessing damage on recovered theft vehicles.--If a
theft vehicle has been recovered, the vehicle shall be assessed
as to the level of damage at the time of recovery by an insurer
or licensed physical damage appraiser:
* * *
(2) [If the cost of repairs is less than the replacement
value of the vehicle, the owner shall apply for a certificate
of title branded recovered-theft vehicle.] If the cost of
repairs exceeds half of the replacement value of the vehicle
and the majority of those costs are due to damage that
affects the safe operation of the vehicle, the owner shall
apply for a certificate of title branded recovered theft
vehicle. A legible copy of the vehicle damage appraisal
report completed by an insurer or licensed physical damage
appraiser must accompany an application under this paragraph.
The damage appraisal report shall include the replacement
value of the vehicle.
(c) Self-insurer requirement.--If the insurer is a self-
insurer, the assessment of damage under subsection (b) shall be
completed by a licensed physical damage appraiser who is not
affiliated with or employed by the insurer.
Section 3. This act shall take effect in 180 days.
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