Pennsylvania Act 1990-8 — VEHICLE CODE (75 PA.C.S.) - AMEND

Act text

VEHICLE CODE (75 PA.C.S.) - AMEND
                   Act of Feb. 14, 1990, P.L. 56, No. 8               Cl. 75
                             Session of 1990
                                No. 1990-8

     HB 422

                                  AN ACT

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, further providing for vehicle destroyed or junked
        and for vehicle identification numbers.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 1117(a), 7102, 7103, 7104 and 7105 of
     Title 75 of the Pennsylvania Consolidated Statutes are amended
     to read:
      § 1117.  Vehicle destroyed or junked.
        (a)  Application for certificate of junk.--Any owner who
     transfers a vehicle as scrap, or to be destroyed or junked,
     shall assign the certificate of title to the person to whom the
     vehicle is transferred. 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 junk upon a form furnished and prescribed by the
     department. An insurer, as defined in section 1702 (relating to
     definitions), to which title to a vehicle is assigned upon
     payment to the insured of the replacement value of a wrecked
     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 is valueless except for junk, the
     owner shall apply for a certificate of junk immediately. In this
     case, an insurer shall not pay vehicle repayment value until the
     owner produces evidence to the insurer that the certificate of
     junk has been issued.
     * * *
      § 7102.  Removal or falsification of identification number.
        (a)  Offense defined.--A person who willfully places a false
     identification number on or removes, sells or falsifies an
     existing identification number of a vehicle, engine [or],
     transmission or any other vehicle part bearing an identification
     number is guilty of a misdemeanor of the third degree.
        (b)  Fraudulent intent.--A person who willfully and with
     intent to conceal or misrepresent the identity of a vehicle,
     engine [or], transmission or any other vehicle part bearing an
     identification number, places a false identification number
     thereon or removes, sells or falsifies an existing
     identification number thereof, is guilty of a misdemeanor of the
     first degree.
        (c)  Exception.--This section does not apply to the removal
     of [an] a metal vehicle identification number plate from a
     vehicle for which a certificate of junk has been obtained in
     accordance with section 1117 (relating to vehicle destroyed or
     junked). Neither does this section prohibit the removal of a
     metal vehicle identification number plate from a vehicle part
     that is damaged when such removal is necessary for proper repair
     or matching identification of a replacement vehicle part, but
     such removal is only allowed if the proper matching metal
     vehicle identification number plate is immediately and properly
     secured to the repaired or replacement part.
      § 7103.  Dealing in vehicles with removed or falsified numbers.
        (a)  Offense defined.--A person who buys, receives,
     possesses, sells or disposes of a vehicle, engine [or],
     transmission or any other vehicle part bearing an identification
     number, knowing that an identification number has been removed
     [or falsified], a false identification number has been placed
     thereon or an existing identification number has been falsified,
     is guilty of a misdemeanor of the third degree.
        (b)  Knowledge of fraudulent intent.--A person who buys,
     receives, possesses, sells or disposes of a vehicle, engine
     [or], transmission or any other vehicle part bearing an
     identification number with knowledge that an identification
     number has been removed [or falsified], a false identification
     number has been placed thereon or an existing identification
     number has been falsified, with intent to conceal or
     misrepresent the identity thereof, is guilty of a felony of the
     third degree.
        (c)  Exception.--This section does not apply to the removal
     of [an] a metal vehicle identification number plate from a
     vehicle for which a certificate of junk has been obtained in
     accordance with section 1117 (relating to vehicle destroyed or
     junked). Neither does this section prohibit the removal of a
     metal vehicle identification number plate from a vehicle part
     that is damaged when such removal is necessary for proper repair
     or matching identification of a replacement vehicle part, but
     such removal is only allowed if the proper matching metal
     vehicle identification number plate is immediately and properly
     secured to the repaired or replacement part.
      § 7104.  State replacement vehicle identification number plate.
        (a)  General rule.--No vehicle on which the vehicle
     identification number has been removed or falsified shall be
     titled or registered without a special permit from the
     department.
        (b)  Application for plate.--Before a certificate of title or
     registration for the vehicle can be obtained, the owner shall
     apply to the department for a State replacement vehicle
     identification number plate on a form furnished by the
     department which shall contain the full name and address of the
     owner and any other information the department may deem
     necessary, [sworn to before an official empowered to administer
     oaths] as certified by a police officer.
        (c)  Designation on plate.--The State replacement vehicle
     identification number plate shall contain:
            (1)  Official department identification.
            (2)  The manufacturer's vehicle identification number, if
        known, or a number assigned by the department.
        (d)  Issuance and display of plate.--The department shall
     furnish a State replacement vehicle identification number plate
     which shall be immediately placed in a uniform manner as
     designated by the department on the vehicle.
        (e)  Reconstructed or specially constructed vehicle.--The
     department may assign a State replacement vehicle identification
     number plate for a reconstructed or specially constructed
     vehicle.
      § 7105.  Seizure of vehicles with removed or falsified numbers.
        (a)  Duty of police.--Every police officer having knowledge
     of a vehicle on which the vehicle identification number has been
     removed or falsified shall immediately seize and take possession
     of the vehicle and arrest or file a complaint for the arrest of
     the suspected owner or custodian. In all actions involving
     seizure or possession of such vehicles, vehicle identification
     information shall be transmitted to the Federal or other
     agencies involved in recovery of stolen vehicles.
        (b)  Proceedings if owner known.--The court, upon petition of
     the owner or of the person entitled to possession of a seized
     vehicle, may relinquish custody of the vehicle to the person
     legally entitled to the vehicle [upon presentation of proof that
     a State replacement vehicle identification number plate has been
     issued by the department under section 7104 (relating to State
     replacement vehicle identification number plate)]. Any vehicle
     in the possession or custody of a police officer shall not be
     released to the owner or person legally entitled to possession
     of a seized vehicle pursuant to this section until such time as
     a replacement vehicle identification number plate has been
     obtained. Proof of the replacement vehicle identification number
     must be exhibited to the police officer at the time of release,
     together with the court order relinquishing custody. The
     provisions with regard to the securance of a replacement vehicle
     identification number shall not apply when the vehicle is titled
     in a foreign state and will be removed from this State
     immediately upon release. If the foreign vehicle will not be
     removed immediately, the exception does not apply and a
     replacement vehicle identification number must be obtained.
     Except as otherwise provided in this section, the court shall
     retain in custody the seized vehicle pending prosecution of the
     person arrested. In case the person is found guilty, the vehicle
     shall remain in the custody of the court until the fine and
     costs of prosecution are paid, except that if 90 days have
     elapsed after the verdict has been rendered and the fine and
     costs have not been paid, the court shall proceed to advertise
     and sell the vehicle in the manner provided by law for the sale
     of personal property under execution. The proceeds from the sale
     shall be used to pay the fine and costs of prosecution and the
     balance, if any, shall be forwarded to the department to be
     transmitted to the State Treasurer for deposit in the Motor
     License Fund.
        (c)  Proceedings if owner unknown.--If ownership of the
     vehicle is not established to the satisfaction of the court, the
     vehicle shall be confiscated by the court and sold immediately,
     and the proceeds shall be used to pay the costs of proceedings
     and the balance, if any, shall be forwarded to the department to
     be transmitted to the State Treasurer for deposit in the Motor
     License Fund.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 14th day of February, A. D. 1990.

     ROBERT P. CASEY