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A00950
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
632
Session of
2019
INTRODUCED BY ROTHMAN, RYAN, BERNSTINE, KINSEY, RABB, IRVIN AND
NEILSON, FEBRUARY 28, 2019
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 28, 2019
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in miscellaneous provisions, further providing for
odometer disclosure requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7134(a), (b)(2) and (d.1) of Title 75 of
the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding subsections to read:
§ 7134. Odometer disclosure requirements.
(a) Odometer mileage statement.--Prior to or simultaneously
with the execution of any ownership transfer document relating
to a motor vehicle, each transferor of a motor vehicle shall
furnish to the transferee a [written] statement signed by the
transferor containing the following information:
(1) The odometer reading at the time of transfer.
(2) The date of transfer.
(3) The transferor's name and current address.
(4) The transferee's name and current address.
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(5) The identity of the vehicle, including its make,
year and body type and its complete vehicle identification
number.
(6) (i) A certification by the transferor that, to the
best of his knowledge, the odometer reading reflects the
actual miles or kilometers the vehicle has been driven;
(ii) if the transferor knows that the odometer
reading reflects the amount of mileage in excess of the
designed mechanical odometer limit of 99,999 miles or
kilometers, he shall include a statement to that effect;
or
(iii) if the transferor knows that the odometer
reading differs from the number of miles or kilometers
the vehicle has actually traveled and that the difference
is greater than that caused by odometer calibration
error, he shall include a statement that the odometer
reading is not the actual mileage and should not be
relied upon.
The transferee shall acknowledge receipt of the disclosure
statement by signing it.
(b) Prohibitions.--
* * *
(2) No transferee shall accept any [written] disclosure
required by any provision of this section if the disclosure
is incomplete.
* * *
(d.1) Secure power of attorney, licensed dealers.--The
department shall permit a licensed dealer or insurer as defined
in § 1702 (relating to definitions) to use a secure power of
attorney to transfer a vehicle [when the certificate of title is
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encumbered with a lien]. The power of attorney need not be
notarized and may be signed electronically. or the title has
been lost by the transferer and the licensed dealer is applying
for a duplicate title. Prior to transferring the vehicle, the
dealer shall obtain from the transferor a secure power of
attorney authorizing the dealer to transfer to the title all
information pertaining to odometers that is required to be
disclosed by this title and Federal law, in lieu of the
transferor providing such information on the certificate of
title. In addition to any other documents required by the
department, the dealer shall submit to the department the
following:
(1) If the transferred vehicle is a retail sale and is
to be titled in this Commonwealth, the dealer shall submit
the secure power of attorney attached to the application for
title, along with the certificate of title and the
established fee.
(2) If the transferred vehicle is to be titled outside
of this Commonwealth, the dealer shall submit to the
department the secure copy of the secure power of attorney
attached to a copy of the certificate of title and the
established fee.
(3) If the transferred vehicle is to be transferred to
another licensed dealer, the first transferor dealer shall
submit to the department the secure copy of the secure power
of attorney attached to a copy of the certificate of title
and the established fee.
Additional transfers between licensed dealers shall be permitted
in accordance with section 1113 (relating to transfer to or from
manufacturer or dealer). No more than one secure power of
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attorney shall be utilized with the certificate of title during
this authorized transfer process. Upon application for
certificate of title, the secure power of attorney utilized to
verify odometer information when the vehicle was encumbered with
a lien shall be submitted with the certificate of title.
(d.2) Secure power of attorney, insurance companies.--The
department shall permit an insurer as defined in section 1702
(relating to definitions) to use a secure power of attorney to
transfer a salvage vehicle when the certificate of title is
encumbered with a lien or when the title has been lost by the
transferor and the insurer is applying for a duplicate title.
The power of attorney need not be notarized and may be signed
electronically. The insurer is responsible for ensuring the
power of attorney complies with the requirements of 15 U.S.C. §
7001 et seq. (relating to electronic signatures in global and
national commerce), the requirements of 49 U.S.C. § 32705
(relating to disclosure requirements on transfer of motor
vehicles) and any requirements imposed by the Commonwealth. The
department may, at its sole discretion, permit the use of a
secure power of attorney as described in this subsection for the
transfer of other vehicles in addition to salvage vehicles. If
the secretary of the United States Department of Transportation
promulgates regulations regarding the use of a power of attorney
as described in this subsection, those regulations will
supersede this subsection in accordance with 49 U.S.C. §
32705(g).
(d.2) (d.3) Certification.--Nothing in this section shall
require the department to certify an electronic signature
process or an electronic signature process vendor before
accepting a power of attorney that is executed with an
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electronic signature.
(d.3) Electronic signature.--The department shall accept a
power of attorney that is signed electronically through a system
not controlled by the department if the licensed dealer or
insurer uses a system which can verify the identity of the
person who has electronically signed and submitted the power of
attorney.
(d.4) Electronic secure power of attorney.--The department
may, at its sole discretion, permit the use of a secure power of
attorney signed electronically as described in subsection (d.2)
for the transfer of vehicles by licensed dealers.
* * *
Section 2. This act shall take effect in 60 days.
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