2023-2024 Regular Session SB 1129 PN 1718 Bill Text (HTM)

PRIOR PRINTER'S NO. 1480

PRINTER'S NO. 1718

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1129

Session of

2024

INTRODUCED BY FLYNN, ROTHMAN, FONTANA, COSTA, CULVER AND

COLEMAN, APRIL 4, 2024

SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED, JUNE 11, 2024

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, IN GENERAL PROVISIONS, FURTHER PROVIDING FOR

DEFINITIONS; in certificate of title and security interests,

further providing for transfer to vehicle salvage dealer and

for transfer to scrap metal processor.; AND, IN ABANDONED

VEHICLES AND CARGOS, FURTHER PROVIDING FOR REPORTS BY PRIVATE

PROPERTY OWNERS OF ABANDONED VEHICLES.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 1162(a) and 1163(a) of Title 75 of the

Pennsylvania Consolidated Statutes are amended and the sections

are amended by adding subsections to read:

SECTION 1. THE DEFINITION OF "ABANDONED VEHICLE" IN SECTION

102 OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS

AMENDED AND THE SECTION IS AMENDED BY ADDING A DEFINITION TO

READ:

§ 102. DEFINITIONS.

SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT

PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC

PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN

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USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY

INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:

"ABANDONED VEHICLE."

(1) A VEHICLE (OTHER THAN A PEDALCYCLE) SHALL BE

PRESUMED TO BE ABANDONED UNDER ANY OF THE FOLLOWING

CIRCUMSTANCES, BUT THE PRESUMPTION IS REBUTTABLE BY A

PREPONDERANCE OF THE EVIDENCE:

(I) THE VEHICLE IS PHYSICALLY INOPERABLE AND IS LEFT

UNATTENDED ON A HIGHWAY OR OTHER PUBLIC PROPERTY FOR MORE

THAN 48 HOURS.

(II) THE VEHICLE HAS REMAINED ILLEGALLY ON A HIGHWAY

OR OTHER PUBLIC PROPERTY FOR A PERIOD OF MORE THAN 48

HOURS.

(III) THE VEHICLE IS LEFT UNATTENDED ON OR ALONG A

HIGHWAY OR OTHER PUBLIC PROPERTY FOR MORE THAN 48 HOURS

AND DOES NOT BEAR ALL OF THE FOLLOWING:

(A) A VALID REGISTRATION PLATE.

(B) A CURRENT CERTIFICATE OF INSPECTION.

NUMBER.

(IV) THE VEHICLE HAS REMAINED ON PRIVATE PROPERTY

WITHOUT THE CONSENT OF THE OWNER OR PERSON IN CONTROL OF

THE PROPERTY FOR MORE THAN 24 HOURS.

(V) THE VEHICLE HAS REMAINED ON THE PRIVATE PROPERTY

OF A SALVOR FOR 20 DAYS.

(VI) THE VEHICLE HAS REMAINED ON THE PROPERTY OF A

WHOLESALE VEHICLE AUCTION WITHOUT THE CONSENT OF THE

WHOLESALE VEHICLE AUCTION FOR MORE THAN THREE BUSINESS

DAYS.

(2) VEHICLES AND EQUIPMENT USED OR TO BE USED IN

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CONSTRUCTION OR IN THE OPERATION OR MAINTENANCE OF HIGHWAYS

OR PUBLIC UTILITY FACILITIES, WHICH ARE LEFT IN A MANNER

WHICH DOES NOT INTERFERE WITH THE NORMAL MOVEMENT OF TRAFFIC,

SHALL NOT BE CONSIDERED TO BE ABANDONED.

* * *

"WHOLESALE VEHICLE AUCTION." A PERSON THAT:

(1) IS REQUIRED TO BE LICENSED FOR COMMISSION,

COMPENSATION OR OTHER CONSIDERATION IN THE BUSINESS OF

PROVIDING WHOLESALE VEHICLE AUCTION SERVICES AT AN

ESTABLISHED PLACE OF BUSINESS, REGARDLESS OF WHETHER THE

PERSON HAS CUSTODY OR CONTROL OF THE VEHICLES; AND

(2) HAS THE AUTHORITY OF THE BUYER OR SELLER OF A

VEHICLE TO NEGOTIATE OR CONDUCT A TRANSACTION ON BEHALF OF

THE BUYER OR SELLER UNDER THE ACT OF DECEMBER 22, 1983

(P.L.306, NO.84), KNOWN AS THE BOARD OF VEHICLES ACT.

* * *

SECTION 2. SECTIONS 1162(A) AND 1163(A) OF TITLE 75 ARE

AMENDED AND THE SECTIONS ARE AMENDED BY ADDING SUBSECTIONS TO

READ:

§ 1162. Transfer to vehicle salvage dealer.

(a) General rule.--[Any] Except as provided under subsection

(d), any owner who transfers a vehicle or a salvage vehicle to a

vehicle salvage dealer, as defined in section 1337(c)(2)

(relating to use of "Miscellaneous Motor Vehicle Business"

registration plates), shall assign the certificate of title or

salvage certificate to the vehicle salvage dealer. A certificate

of title or salvage certificate for a vehicle transferred to a

vehicle salvage dealer is exempt from the requirements of

notarization and verification by a corporate officer.

* * *

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(d) Title not required.--Notwithstanding any other provision

of law, a vehicle salvage dealer may purchase from an insurer a

vehicle on which a total loss payment has been made by an

insurer without obtaining a certificate of title or salvage

certificate for the vehicle if all of the following apply:

(1) The vehicle is purchased from an insurer by a

vehicle salvage dealer solely for the purposes of recycling

parts, dismantling or scrap.

(2) Within five business days of the transfer of the

vehicle from an insurer to a vehicle salvage dealer, the

vehicle salvage dealer submits to the department a form, as

specified and provided by the department and posted on the

department's publicly accessible Internet website, that

contains the following:

(i) The vehicle information, including year, make,

model and vehicle identification number.

(ii) Insurer information.

(iii) Vehicle salvage dealer information.

(iv) Anticipated method and date of final

disposition of dismantled vehicle.

(v) An attestation by an authorized representative

of the vehicle salvage dealer that the vehicle is being

purchased solely for the purposes of recycling parts,

dismantling or scrap.

(vi) A certificate of title or salvage certificate,

if available, or a bill of sale that memorializes the

transfer of the vehicle between the insurer and the

vehicle salvage dealer.

(3) The vehicle salvage dealer does not begin the

dismantling or destruction of the vehicle until five business

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days after the submission of the form specified under

paragraph (2).

§ 1163. Transfer to scrap metal processor.

(a) Flattened vehicles.--[When] Except as provided under

subsection (e), when a vehicle has been flattened, crushed or

processed to the extent that it is no longer identifiable as a

vehicle, its certificate of title, certificate of salvage or

nonrepairable certificate shall be attached to a form prescribed

by the department and immediately sent to the department. The

form shall include such information as the department shall

require. A copy of the form shall be retained for record in

accordance with section 6308(d) (relating to investigation by

police officers). The vehicle scrap material shall no longer be

considered a vehicle and shall not be reconstructed, retitled or

issued a certificate of any kind.

* * *

(e) Title not required.--Notwithstanding any other provision

of law, a scrap metal processor may purchase from an insurer a

vehicle on which a total loss payment has been made by an

insurer without obtaining a certificate of title or salvage

certificate for the vehicle if all of the following apply:

(1) The vehicle is purchased from an insurer by a scrap

metal processor solely for the purposes of recycling parts,

dismantling or scrap.

(2) Within five business days of the transfer of the

vehicle from an insurer to a scrap metal processor, the scrap

metal processor submits to the department a form, as

specified and provided by the department and posted on the

department's publicly accessible Internet website, that

contains the following:

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(i) The vehicle information, including year, make,

model and vehicle identification number.

(ii) Insurer information.

(iii) Scrap metal processor information.

(iv) Anticipated method and date of final

disposition of dismantled vehicle.

(v) An attestation by an authorized representative

of the scrap metal processor that the vehicle is being

purchased solely for the purposes of recycling parts,

dismantling or scrap.

(vi) A certificate of title or certificate of

salvage, if available, or a bill of sale that

memorializes the transfer of the vehicle between the

insurer and the scrap metal processor.

(3) The scrap metal processor does not begin the

dismantling or destruction of the vehicle until five business

days following the submission of the form specified under

paragraph (2).

SECTION 3. SECTION 7311.1 OF TITLE 75 IS AMENDED TO READ:

§ 7311.1. REPORTS BY PRIVATE PROPERTY OWNERS OF ABANDONED

VEHICLES.

(A) REMOVAL OF ABANDONED VEHICLES.--

(1) A PERSON ON WHOSE PRIVATE PROPERTY IS LOCATED A

VEHICLE WHICH HAS REMAINED ON THE PROPERTY WITHOUT THE

CONSENT OF THE PROPERTY OWNER OR [HIS] AN AGENT FOR MORE THAN

24 HOURS MAY AUTHORIZE THE REMOVAL OR PROCESSING OF THE

VEHICLE.

(2) PRIOR TO REMOVAL OR PROCESSING OF THE VEHICLE,

[THAT] THE PERSON SHALL FILE A REPORT, ON A MULTIPART FORM

PRESCRIBED BY THE DEPARTMENT, WITH THE LOCAL POLICE

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DEPARTMENT DECLARING THAT AN UNAUTHORIZED VEHICLE HAS BEEN

LEFT UNATTENDED AND ON PRIVATE PROPERTY FOR AT LEAST 24

HOURS. ONE PART OF [SUCH] THE REPORT SHALL BE RETAINED BY

[THAT] THE PERSON[,] AND THE OTHER PART SHALL BE FILED WITH

THE POLICE DEPARTMENT.

(3) THE POLICE DEPARTMENT SHALL, WITHIN FIVE BUSINESS

DAYS, PROCESS THE VEHICLE AS ABANDONED UNDER THIS CHAPTER AND

ATTACH A COPY OF THE REPORT TO THE ABANDONED VEHICLE

INFORMATION REPORT.

(B) SALVORS.--

(1) AN UNAUTHORIZED VEHICLE THAT HAS BEEN LEFT

UNATTENDED AND ON PRIVATE PROPERTY INCLUDES A VEHICLE TOWED

TO A SALVOR'S PROPERTY THAT HAS REMAINED ON THE SALVOR'S

PROPERTY FOR A PERIOD OF 20 DAYS.

(2) AFTER THE 20-DAY PERIOD, THE SALVOR MAY FILE A

REPORT AS PROVIDED UNDER SUBSECTION (A). IF THE SALVOR ELECTS

TO FILE A REPORT, THE SALVOR SHALL RETAIN AND PROCESS THE

VEHICLE FOR WHICH THE REPORT HAS BEEN FILED.

(1) AN UNAUTHORIZED VEHICLE THAT HAS BEEN LEFT

UNATTENDED ON PRIVATE PROPERTY SHALL INCLUDE A VEHICLE

INTENDED FOR SALE OR THAT HAS BEEN SOLD THROUGH A WHOLESALE

VEHICLE AUCTION IF THE VEHICLE HAS REMAINED ON THE PROPERTY

OF THE WHOLESALE VEHICLE AUCTION WITHOUT THE CONSENT OR

AUTHORIZATION OF THE WHOLESALE VEHICLE AUCTION FOR A PERIOD

EXCEEDING THREE BUSINESS DAYS.

(2) AFTER THE THREE-DAY PERIOD UNDER PARAGRAPH (1), THE

WHOLESALE VEHICLE AUCTION MAY FILE A REPORT UNDER SUBSECTION

(A). IF THE WHOLESALE VEHICLE AUCTION ELECTS TO FILE A

REPORT, THE WHOLESALE VEHICLE AUCTION MAY REMOVE, SELL OR

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LEGALLY OBTAIN THE OWNERSHIP AND TITLE OF A VEHICLE THAT IS

DECLARED AN ABANDONED VEHICLE ON THE PROPERTY OF THE

WHOLESALE VEHICLE AUCTION FOR WHICH THE REPORT HAS BEEN

FILED. THE FOLLOWING SHALL APPLY:

(I) A WHOLESALE VEHICLE AUCTION THAT INTENDS TO SELL

OR LEGALLY OBTAIN OWNERSHIP OF AN ABANDONED VEHICLE SHALL

INDICATE THE AUCTION'S INTENTION ON THE REPORT THAT HAS

BEEN FILED.

(II) IF A WHOLESALE VEHICLE AUCTION FOLLOWS THE

PROCEDURES OUTLINED IN THIS SUBCHAPTER AND THE ABANDONED

VEHICLE REMAINS UNCLAIMED, THE WHOLESALE VEHICLE AUCTION

MAY SUBMIT AN APPLICATION FOR A CERTIFICATE OF TITLE TO

THE DEPARTMENT.

(III) IF THE DEPARTMENT DETERMINES THAT A NEW

CERTIFICATE OF TITLE SHOULD BE ISSUED, AN ABANDONED

VEHICLE BRANDED TITLE SHALL BE ISSUED TO THE WHOLESALE

VEHICLE AUCTION.

(IV) AFTER AN ABANDONED VEHICLE BRANDED TITLE IS

ISSUED UNDER SUBPARAGRAPH (III), THE VEHICLE SHALL BE

OFFERED FOR SALE AT AUCTION BY THE WHOLESALE VEHICLE

AUCTION. NOTICE SHALL BE PROVIDED TO PROSPECTIVE BUYERS

THAT THE TITLE HAS BEEN BRANDED AS A FORMER ABANDONED

VEHICLE.

(V) A WHOLESALE VEHICLE AUCTION THAT COMPLIES WITH

THIS SECTION SHALL NOT BE SUBJECT TO LIABILITY FROM THE

OWNER OR SELLER OF AN ABANDONED VEHICLE REMOVED, SOLD OR

OTHERWISE DISPOSED OF UNDER THIS SECTION. A PURCHASER OF

AN ABANDONED VEHICLE AT A WHOLESALE VEHICLE AUCTION UNDER

THIS SECTION SHALL NOT BE SUBJECT TO LIABILITY FROM THE

OWNER OR SELLER OF THE ABANDONED VEHICLE.

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(3) THE WHOLESALE VEHICLE AUCTION SHALL BE REIMBURSED

FOR ALL APPLICABLE COSTS RELATED TO THE STORAGE AND

PROCESSING OF THE VEHICLE UNDER THIS SUBSECTION FROM THE

PROCEEDS OF THE SALE OF THE VEHICLE. THE REMAINING PROCEEDS

OF THE SALE SHALL BE PAID TO THE DEPARTMENT AND TRANSMITTED

TO THE STATE TREASURER FOR DEPOSIT INTO THE MOTOR LICENSE

FUND.

(4) A WHOLESALE VEHICLE AUCTION MAY IMPOSE, CHARGE AND

COLLECT REASONABLE FEES FROM THE OWNER OR SELLER REGARDING AN

ABANDONED VEHICLE. THE FOLLOWING SHALL APPLY:

(I) A WHOLESALE VEHICLE AUCTION MAY NOT IMPOSE

STORAGE FEES OF MORE THAN $25 PER DAY AND MAY NOT IMPOSE

STORAGE FEES FOR THE FIRST THREE BUSINESS DAYS THAT THE

VEHICLE HAS REMAINED ON THE PROPERTY OF THE WHOLESALE

VEHICLE AUCTION WITHOUT THE CONSENT OR AUTHORIZATION OF

THE WHOLESALE VEHICLE AUCTION.

(II) IF THE TITLE FOR THE ABANDONED VEHICLE HAS BEEN

TRANSFERRED TO THE WHOLESALE VEHICLE AUCTION, THE FEES

ASSOCIATED WITH THE STORAGE AND PROCESSING OF THE VEHICLE

SHALL BE DEEMED TO HAVE BEEN SATISFIED.

(III) INFORMATION REGARDING THE FEES UNDER THIS

PARAGRAPH SHALL BE POSTED ON THE WHOLESALE VEHICLE

AUCTION'S PUBLICLY ACCESSIBLE INTERNET WEBSITE OR

PROVIDED DIRECTLY TO EACH PERSON UTILIZING THE WHOLESALE

VEHICLE AUCTION'S SERVICES.

(5) STORAGE FEES MAY NOT BE IMPOSED BY THE WHOLESALE

VEHICLE AUCTION ON OR AFTER THE DATE OF TRANSFER OF THE

VEHICLE TO A SALVOR, IF APPLICABLE. IF THE ABANDONED VEHICLE

HAS BEEN TRANSFERRED TO A SALVOR AND THE VEHICLE IS

SUBSEQUENTLY SOLD AT A SALVAGE AUCTION:

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(I) THE SALVOR SHALL RECOVER THE APPROPRIATE COSTS

OF TOWING AND STORAGE.

(II) THE WHOLESALE VEHICLE AUCTION SHALL BE

REIMBURSED FOR THE COST OF STORING, OBTAINING A TITLE AND

PROCESSING RELATED TO THE VEHICLE WHEN THE ADDITIONAL

FUNDS ARE AVAILABLE AS THE RESULT OF THE SALVOR'S

AUCTION. THE REMAINING PROCEEDS OF THE SALE SHALL BE PAID

TO THE DEPARTMENT AND TRANSMITTED TO THE STATE TREASURER

FOR DEPOSIT INTO THE MOTOR LICENSE FUND.

Section 2 4. This act shall take effect in 60 days. AS

FOLLOWS:

(1) THE AMENDMENT OR ADDITION OF 75 PA.C.S. §§ 1162(A)

AND (D) AND 1163(A) AND (E) SHALL TAKE EFFECT IN 60 DAYS.

(2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.

(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 120

DAYS.

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