SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MICOZZIE AND DeLUCA, JUNE 12, 2012

SENATOR RAFFERTY, TRANSPORTATION, IN SENATE, AS AMENDED, SEPTEMBER 25, 2012   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in certificate of title and security interests,

further providing for transfer of vehicle ownership and for

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certificate of salvage required.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1161(b) of Title 75 of the Pennsylvania

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Consolidated Statutes is amended to read:

Section 1.  Sections 1111(a.1) and (b) and 1161(b) of Title

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75 of the Pennsylvania Consolidated Statutes are amended to

read:

§ 1111.  Transfer of ownership of vehicle.

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(a.1)  Exception for dealers.--When a certificate of title

for a vehicle acquired by a licensed dealer for the purpose of

resale is encumbered by a lien or when there is a manufacturer's

statement of origin for a new vehicle, delivery of the

certificate of title or manufacturer's statement of origin by

the dealer as a transferor at the time of delivery of the

vehicle upon resale shall not be required [for a vehicle being

titled in this Commonwealth] if, prior to delivery of the

vehicle, the dealer obtains the applicable powers of attorney to

properly execute transfer of the title or manufacturer's

statement of origin and the dealer requests and receives the

departmental verification of any lienholders, ownership,

odometer information[,] and title brands, on titled vehicles, 

and any other information that the department deems necessary to

be verified. Upon payment of the established fee, the department

shall provide the dealer or authorized messenger service with

verification of the required information. The department may

supply the verified information by either written or electronic

means. The application and a properly assigned certificate of

title or manufacturer's statement of origin shall be delivered

to the department within the time period prescribed by section

1103.1 (relating to application for certificate of title). If a

dealer sells a vehicle after verification of the required

information for a certificate of title encumbered by a lien, but

fails to satisfy the lien or deliver an assignment and warranty

of title to the dealer's transferee within 90 days of the date

of purchase, and this failure is the result of an act or

omission by the dealer, the dealer shall accept return of the

vehicle from the transferee and shall refund the purchase price

less actual depreciation of the vehicle while it was within the

possession of the transferee. In refunding the purchase price,

the price shall include the listed dollar value of any trade-in

vehicle as stated in the sales transaction document in lieu of

returning the transferee's trade-in vehicle.

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(b)  Duty of transferee.--Except as otherwise provided in

section 1113 (relating to transfer to or from manufacturer or

dealer), the transferee shall, within [ten] 20 days of the

assignment or reassignment of the certificate of title, apply

for a new title by presenting to the department the properly

completed certificate of title, sworn to before a notary public

or other officer empowered to administer oaths or verified

before an issuing agent, who is licensed as a vehicle dealer by

the State Board of Vehicle Manufacturers, Dealers and

Salespersons, or its employee, and accompanied by such forms as

the department may require.

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§ 1161.  Certificate of salvage required.

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(b)  Application for certificate of salvage.--An owner who

transfers a vehicle to be destroyed or dismantled, salvaged or

recycled shall assign the certificate of title to the person to

whom the vehicle is transferred. Except as provided in section

1163, the transferee shall immediately present the assigned

certificate of title to the department or an authorized agent of

the department with an application for a certificate of salvage

upon a form furnished and prescribed by the department. An

insurer as defined in section 1702 to which title to a vehicle

is assigned upon payment to the insured or claimant of the

replacement value of a vehicle shall be regarded as a transferee

under this subsection, and an assignment of title to an insurer

under this subsection is exempt from the requirements of

notarization and verification in section 1111(a) (relating to

transfer of ownership of vehicle). If an owner retains

possession of a vehicle which is damaged to the extent that it

qualifies for vehicle replacement payment, the owner shall apply

for a certificate of salvage immediately. In this case, an

insurer shall not pay vehicle replacement value until the owner

produces evidence to the insurer that the certificate of salvage

has been issued. A self-insurer as defined in section 1702 shall

apply for a certificate of salvage when a vehicle is damaged to

the extent that the cost of repairs would exceed the replacement

value of the vehicle as certified by a licensed motor vehicle

physical damage appraiser.

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Section 2.  This act shall take effect in 60 days.