E:zF Katz - The Pennsylvania General Assembly
E:zF Katz - The Pennsylvania General Assembly
E:zF Katz - The Pennsylvania General Assembly
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LEGISLATIVE JOURNAL-HOUSE<br />
and found to conform to the description given in the<br />
application.<br />
(3) Any other information and documents the de-<br />
partment reasonably requires to establish the owner-<br />
ship of the vehicle and the existence or non-existence<br />
of securitv interests in the vehicle.<br />
(f) For~ign vehicles owned by military personnc1:-<br />
If the application refers to a vehicle last previously rczis-<br />
tered in country by a an active duty in<br />
the armed forces of the United States, thc departnlent<br />
may accept a complete form issued by the united stirtes<br />
Department of Defense as cvidence of ownership.<br />
(g) Specially constructed or re?onstructed veliicles..<br />
~f the to he tititid is a specially cullstrucLet~ or reconstructed<br />
vehicle, that fact be in the ap.<br />
plication. <strong>The</strong> dcpartmint may pronlulgalc rules and<br />
regulation:; in the titling of constructed<br />
or reconstructed rcl~icles.<br />
g 1104. Examination of records upon receipt of application.<br />
<strong>The</strong> departmmt, upon receiving an application fcr a<br />
certificate of title, shall check the vehicle identification<br />
number shown in ihc appliratiun against rLcorh: oi<br />
vehicles required to be mainta!ned under ~105<br />
June 8,<br />
of thz vehicle or that there are no undisclosed security<br />
interests in the vehicle, the department may regisler the<br />
vehicle hut bhall withhold issuance of a certificate of title<br />
until the applicant presents documents reasonably suffi-<br />
cient to satisly the department as to the ownership by<br />
the applicant of the vehicle and that there are no undis-<br />
closed security intercsts in the vehicle.<br />
5 1109. Refusing issuance of certificate of title.<br />
<strong>The</strong> dcpartmcnt may refuse issuance of a certificate<br />
of litie when it has reasonable grounds to believe:<br />
(1) That any required fee has not been paid.<br />
-, 0) That ally taxfs payahlc undur the laws of this<br />
~on~n~~~~~~vealth<br />
on or in connection with, or resulting<br />
from, the acciuisition or use of the vehicle have not been<br />
paid.<br />
(3) That the applica~lt is not the owner of the vehicle.<br />
(4) Thnt the application contains a false or fraudulent<br />
statcmen~.<br />
, (5) That thc applicant has failed to furnish required<br />
information or documents or any additional information<br />
the dellartment reasonably requires.<br />
1110. Duplicate certificate of title to replace original.<br />
(a) An.-iication for dup1irate.-In the cvent of a lost,<br />
(relating to issuance of ,f title, and dedroyed, deiaced, stolen or illegible certificate of title,<br />
the record of stolFn relluirr,j to he<br />
api~lication for a duplicate may he made by furnishing<br />
under section 7114 (=e!ating to records of stalcn<br />
1nformatii;n satisfactory to the department up011 a form<br />
If the record inciirates tha~ the veilicie is stolen, the ap. prescribed and furnished by the dcpartmcnt. <strong>The</strong> form<br />
pi,catio,, and accumpanying 9ocuments may be retained shdl he signed by the f~rst lienholder or, if none, the<br />
by the dcpartnlent pending investigation.<br />
owner nrej,cgal reprcscntative oC the owner, verified by<br />
nsth or a~ilrmation of the applicant, accompanied by the<br />
g 1105. Issuance of certificate of title.<br />
fee provided in this titie.<br />
(a) <strong>General</strong> ru1c.-<strong>The</strong> departmint shill file each ap- (b) Status of original and duplicate.-If the original<br />
plication rcccivcd and, when satisfir?d as to the genuine- i.r,rl!fi:ate of title is found aftcr the duplicate is issued,<br />
ness and regularity of the ap!,lication and that the ap- the original title shnll he returned to the department with<br />
plicant is cntitled tu the issuance of a certificate (if title, an explcnatil!n. Oniy the duplicate title is vahd once<br />
sh:,~ll issue a rcrtificotc c,F litie for the vehicle. I'hc de- issued. Subsequenl trarisfrr of o~vncrship can he made<br />
partmcnt s:~all use reaconatle diligence in asccrtaiilinfi only cn the duplicate.<br />
wllcther or nut the facts slat,rrl in the application are truc.<br />
(b) Mnintcnancc of records.-<strong>The</strong> department<br />
5 1111. Transfer of ownership of vehicle.<br />
maintain a record of a!l certi~iChtes title iSSuCd jIy the (a) Duty of transferor.-In the event of the sale or<br />
dep~lrtrnenl as follows:<br />
transfer of the o.~,'nership of a vehicle within this Com-<br />
(1) under a distiIlctivi. title ,,umber assigned to the monw~alth, the owner shall cxecute an assignment and<br />
vchlclc.<br />
warranty of title to the transferce in the space provided<br />
(2) Undci the irhiclc idcntil'tc,ation number.<br />
un the certificate or as thc deyartn~ent prescribes, sworn<br />
(3) Alphabetically. nndci. the nlrlrc uf thc owncr. to befxc a nltary public or other officer empowered<br />
(4) In thi: discretion 0'. the deparlmcnt, by any<br />
to administer oalhs, and deliver the certificate to the<br />
ii~cthod determined by the department.<br />
trmsferee at the time of the delivcry of the vehicle.<br />
(h) Duty of il-ansferee.-Except a:; otherwise pro-<br />
5 1106. Content and effect of certificate of title.<br />
vided in section 1113 (relating to transfer to or from<br />
(a) Vehivlc identilicaiirin and encumbrances.-A ccr- nlanulaciurer or dealer), the transfercf shnll, within five<br />
tificale of title sha!l contain such description and other day of tile asiixnment or reassignment of the certificate<br />
evidence of identiiicalicin cf thc vehicle for ~hich it is of titl.2, apply for a new title by presenting to the departirjsucd<br />
as the department may decm necessary, togeth~r mcnt thu grnycrly completed certificate of title, sworn to<br />
with a s1;itement of any licns or encumbrances inclnd- before a notzry public or othcr officer empowered to<br />
ing the names and addrpsses of the holder or holdrr,; cf administer oaths, and accompanied by such forms as the<br />
the lifns or encumbrances.<br />
dcpartmcnt may require.<br />
(ii) Indication ol sperial prior use.-NO person sha!i (c) Pcna1ty.-Any person violating subsection (a) shall<br />
assign a certificate of litle lo any vrhlcle having seaiing be guilty of o summary offense and shall, upon conviccapacity<br />
fir nine or lcss occupants which has been used tion, he ccnt?nred:<br />
a; a taxicab, fur thc carrying of passengers for hire or (1) For a first offense, to Pay a fine of $100.<br />
as a police car, unli,ss the certificate clearly contains (2) E'or a subscqucnt offense, to pay a fine of not less<br />
notice that the vchicli. has hcen so used. Indication of th;n $300 n:>r more than $1,000.<br />
such use sllsl! be dccmed part nf the description of thc<br />
vehicle. Any person violatine this suhscctian is guilty 5 1112. Disclosure of odometer reading and tampering<br />
rlf a summ-iry ilficnse and shall, upon cgnviction, he :.en. w~th odometer.<br />
icnced to pay a fin? of $50.<br />
(a) Statement hv tranr:feror of odometer reading.-<br />
(c,j certificate as cviilcnce a,,d certificate<br />
Each transferor of a motor vehicle shall furnish to the<br />
(:f l,tie jusuefl l,y the deoarimcnt is facie eoidence<br />
!ransEerec 21 the time of transfer a written statement dis-<br />
,,i :he fa2ts appeari,lg on the ccitifiratc, Tl,e certifi-ate<br />
closing thr: odijmeter rrariiilg of the vehicle at the time<br />
shall hc ajequ:ite nr!tildc,rs 3,,ri llurcha!,ers that a lie,l against<br />
:,hail he signed by the transi'ercr on such Corm as the dethe<br />
vehicle cxists.<br />
psrlmunt may prescribe.<br />
(b) Statem~nt when actual mileage unknown.-If the<br />
5 1107. Delivery of certificate of title.<br />
tral:sfzri,~. knows that the cdometer rcading differs from<br />
<strong>The</strong> ccrtilicale of title hr: mailt!d to the first lien. '.he n:,mbe~. of m;l!?s the vi,hicle has actually traveled, and<br />
haldcr or mrumb:.ancer named in the certificate or, if that the difference is greater than that caused by odometer<br />
thcre is no 1:cnholdi.r or i,i;cumbrmirp, the title shall bp r;,libration crror, :he lranslernr shall inclnde a statement<br />
mailed or diilivercd to ihe owner in accordance with the that the ac!u;il vchi-le rnilcage is unknown.<br />
dep3rtment regulations.<br />
(c) Tampering with odometer.-Except for purposes of<br />
repair or replacrment. it is unlawful for any person to<br />
$ 1108. Registration without certificate of title.<br />
disconnect, turn back, tamper with or reset an odometer<br />
If the department is not satisiied as to the ownership of any motor vehicle.