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Certificate of salvage required - 75 Pa. Cons. Stat. § 1161Legal Research Home > Pennsylvania Statutes
SUBCHAPTER D
SALVAGE VEHICLES, THEFT VEHICLES, RECONSTRUCTED
VEHICLES AND FLOOD VEHICLES
Sec.
1161. Certificate of salvage required.
1162. Transfer to vehicle salvage dealer.
1163. Transfer to scrap metal processor.
1164. Theft vehicles.
1165. Reconstructed vehicles.
1165.1. Inspection of reconstructed, modified and specially
constructed vehicles.
1165.2. Specialized Vehicle Compliance Inspection Advisory
Panel.
1166. Flood vehicles.
1167. Penalty.
Enactment. Subchapter D was added December 9, 2002,
P.L.1278, No.152, effective in 60 days.
Cross References. Subchapter D is referred to in sections
4729, 7309 of this title.
§ 1161. Certificate of salvage required.
(a) General rule.--Except as provided in sections 1162
(relating to transfer to vehicle salvage dealer) and 1163
(relating to transfer to scrap metal processor), a person,
including an insurer or self-insurer as defined in section 1702
(relating to definitions), who owns, possesses or transfers a
vehicle located or registered in this Commonwealth which
qualifies as a salvage vehicle shall make application to the
department for a certificate of salvage for that vehicle.
(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. 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.
(c) Issuance and effect of certificate of salvage.--Upon
proper application for a certificate of salvage, the department
or agent of the department shall issue to the transferee a
certificate of salvage which shall authorize the holder to
possess or by endorsement transfer ownership of the salvage
vehicle. A certificate of title or registration shall not again
be issued or renewed for the vehicle except upon application
containing the information the department requires, accompanied
by any necessary documents required under section 1165 (relating
to reconstructed vehicles).
(d) Out-of-State salvage vehicles.--The owner of a salvage
vehicle possessing a valid certificate of title or certificate
of salvage from a state or jurisdiction other than this
Commonwealth does not need to apply for a certificate under
subsection (a). If the owner wishes to transfer the salvage
vehicle, the owner shall make application to the department and
attach the out-of-State certificate of title or certificate of
salvage along with any other information and documents the
department reasonably requires to establish the ownership of the
vehicle and the existence or nonexistence of security interests
in the vehicle. The person identified on the application must be
located or the owner or lienholder must be domiciled in this
Commonwealth to qualify for issuance of a certificate of salvage
by the department.
(e) Certificate not to be assigned in blank.--No person
shall make application for or assign or physically possess a
certificate of salvage or direct or allow another person in his
employ or control to make application for or assign or
physically possess a certificate of salvage unless the name and
address of the transferee is placed on the assignment of the
certificate of salvage simultaneously with the name of the
transferor.
(f) Repairs to personal vehicle.--Nothing herein shall
require a vehicle owner to obtain a certificate of salvage to
repair or replace parts or component parts which malfunction or
wear out as a result of normal use and operation which has
occurred after the vehicle was transferred to the owner.
Cross References. Section 1161 is referred to in section
1162 of this title.
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Last modified: November 27, 2007 |