§ 7712.1. Certificate of title for snowmobile or ATV.
(a) General rule.--Except as otherwise provided in subsection (b), an owner of a snowmobile or ATV which is in this Commonwealth and for which no certificate of title has been issued shall apply to the department for a certificate of title.
(b) Exemptions from titling.--No certificate of title is required for:
(1) A snowmobile or ATV that was registered prior to the effective date of this section.
(2) A snowmobile or ATV owned by the United States unless a general registration certificate has been issued therefor.
(3) A new snowmobile or ATV owned by a dealer before and until sale.
(4) A snowmobile or ATV owned by a nonresident of this Commonwealth and not required by law to be registered in this Commonwealth.
(5) A snowmobile or ATV owned by a resident of this Commonwealth and required by law to be registered in another state, based and used principally outside of this Commonwealth and not required by law to be registered in this Commonwealth.
(c) Contents of application.--Application for a certificate of title shall be made upon a form prescribed and furnished by the department and shall contain a full description of the snowmobile or ATV, date of purchase, the name and address of the owner, a statement of the title of applicant, together with any other information or documents the department requires to identify the snowmobile or ATV and to enable the department to determine whether the owner is entitled to a certificate of title.
(d) Signing and filing of application.--Application for a certificate of title shall be made within 15 days of the sale or transfer of a snowmobile or ATV or its entry into this Commonwealth from another jurisdiction, whichever is later. The application shall be accompanied by the required fee and any tax payable by the applicant under the laws of this Commonwealth in connection with the acquisition or use of a snowmobile or ATV or evidence to show that the tax has been paid or collected. The application shall be signed and verified by oath or affirmation by the applicant if a natural person; in the case of an association or partnership, by a member or a partner; and in the case of a corporation, by an executive officer or person specifically authorized by the corporation to sign the application.
(e) ATV's purchased from dealers or manufacturers.--(Deleted by amendment).
(f) ATV's not requiring certificate of title.--(Deleted by amendment).
(g) Registration without certificate of title prohibited.--Except as provided in subsection (b), the department shall not issue a registration certificate or limited registration certificate for a snowmobile or ATV or a vintage snowmobile permit for a vintage snowmobile unless a certificate of title has been issued by the department to the owner or an application for a certificate of title has been delivered by the owner to the department.
(h) Refusing issuance of certificate of title.--The department may refuse issuance of a certificate of title if it has reasonable grounds to believe any one of the following:
(1) A required fee has not been paid.
(2) Any taxes payable under the laws of this Commonwealth on or in connection with, or resulting from the acquisition or use of, the snowmobile or ATV have not been paid.
(3) The applicant is not the owner of the snowmobile or ATV.
(4) The application contains a false or fraudulent statement.
(5) The applicant has failed to furnish required information or documents or any additional information the department reasonably requires.
(i) Suspension and cancellation of certificate of title.--(Deleted by amendment).
(j) Transfer of ownership of snowmobile or ATV.--
(1) Upon the sale or transfer of ownership of a snowmobile or ATV within this Commonwealth, the owner shall execute an assignment and warranty of title to the transferee in the space provided on the certificate of title or as the department prescribes, sworn to before a notary public or other officer empowered to administer oaths, and deliver the certificate to the transferee at the time of the delivery of the snowmobile or ATV.
(2) Except as otherwise provided in section 7715.1 (relating to snowmobile or ATV purchased from dealer), the transferee shall, within 15 days of the assignment of the certificate of title, apply for a new title by forwarding to the department the certificate of title executed as required by paragraph (1), a properly completed application for certificate of title, sworn to before a notary public or other officer empowered to administer oaths, and such other forms as the department may require.
(k) Penalty.--A person who violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced:
(1) For a first offense, to pay a fine of $100 and costs of prosecution.
(2) For a subsequent offense, to pay a fine of not less than $300 nor more than $1,000 and costs of prosecution.
(Dec. 12, 1986, P.L.1562, No.170, eff. 60 days; June 25, 2001, P.L.701, No.68, eff. 120 days; July 5, 2012, P.L.1000, No.113, eff. 120 days)
2012 Amendment. Act 113 amended subsec. (g).
Cross References. Section 7712.1 is referred to in section 7712.2 of this title.
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