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Correction of certificate of title - 75 Pa. Cons. Stat. § 1115Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 1115. Correction of certificate of title.
(a) General rule.--When any certificate of title has been
issued in error to a person not entitled to the certificate or
contains incorrect information or information has been omitted
from the certificate, the department shall notify in writing the
person to whom the certificate has been issued or delivered that
the certificate has been recalled. Unless a departmental hearing
is requested pursuant to subsection (a.1), such person shall
immediately return the certificate of title within ten days,
together with any other information necessary for the adjustment
of departmental records, and, upon receipt of the certificate,
the department shall cancel the certificate and issue a
corrected certificate of title.
(a.1) Opportunity for hearing and appeal.--The department's
notice of recall shall advise the person to whom the certificate
has been issued that said person may request an informal
departmental hearing within ten days of the date of said notice
if said person wishes to contest the recall. If an informal
departmental hearing is requested within ten days, said hearing
shall be held within 15 days of said request. If, as a result of
the hearing, the department determines that the recall was
proper, the person to whom the certificate of title was issued
or delivered shall return the certificate of title within ten
days of the determination. Such person may appeal the informal
departmental determination by requesting, within ten days of the
date of the determination, a formal hearing as prescribed by
departmental regulations (pertaining to administrative practice
and procedure).
(b) Change in material information on certificate.--If any
material information on the certificate of title is changed or
different from the information originally set forth, the owner
shall immediately inform the department and apply for a
corrected certificate of title. For the purposes of this
subsection, a change of address shall not be deemed material.
(b.1) Change in name on certificate.--Whenever there is a
change of name because of marriage or divorce, the owner shall
not be required to apply for a corrected certificate of title
but shall, in such manner as the department shall prescribe,
inform the department of the new name and of the title number of
every vehicle titled in the owner's former name. Upon receipt of
such information, the department shall correct the vehicle
record of the owner to indicate the name change. The department
shall not be required to produce a new certificate of title for
a name change because of marriage or divorce, unless the owner
submits an application for a new certificate of title. In the
event that the owner submits an application for a new
certificate of title, such owner shall be required to remit the
fee set forth in section 1952 (relating to certificate of title)
for the issuance of a certificate of title by the department.
(c) Seizure of certificate on conviction.--(Deleted by
amendment).
(d) Issuance of corrected certificate after seizure or
cancellation.--Upon failure of a person to return a certificate
of title as required by the provisions of this section, the
department may delegate authority to any department employee or
police officer to seize the certificate of title. Upon failure
of the department to receive, as required by this section, the
certificate of title to which a person is not entitled or which
contains incorrect or omitted information, the department may
proceed to cancel the certificate of title issued in error and,
upon receipt of sufficient evidence that the vehicle is within
the possession of the proper owner or lienholder, may issue to
the proper owner or lienholder a correct certificate of title.
(e) Penalty.--Any person violating this section shall be
guilty of a summary offense and shall, upon conviction, be
sentenced to pay a fine of not less than $100 nor more than
$300.
(July 2, 1993, P.L.408, No.58, eff. imd.; Feb. 10, 1994, P.L.10,
No.2, eff. imd.; Dec. 20, 1995, P.L.669, No.75, eff. 120 days)
1995 Amendment. Act 75 added subsec. (b.1).
1994 Amendment. Act 2 amended subsec. (a).
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Last modified: November 27, 2007 |