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