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DUI Attorney Philadelphia

Pennsylvania General Pennalties for DUI

 

1st Offense

2nd Offense

3rd Offense

Subsequent
Offense(s)

General

Impairment

Penalties

-    §3802(a)

-    BACof
.08% to
.099%

■ individuals
incapable
of safe
driving

■  Ungraded
misdemeanor

■  No license suspension

■  Mandatory minimum of
6 months of probation

■  Maximum of 6 months
of incarceration

■  $300 fine

■  Alcohol Highway
Safety School

■  CRN evaluation

■  A.R.D. eligible

■  Ungraded
misdemeanor

■  1 year license
suspension

■  Mandatory minimum
of 5 days of
incarceration

■  Maximum of 6
months of
incarceration

■  $300 - $2,500 fine

■  Alcohol Highway
Safety School

■  CRN evaluation

■  1 year Ignition
interlock

■  House arrest/work
release eligible

■  2nd degree
misdemeanor

■  1 year license
suspension

■  Mandatory minimum of
10 days of
incarceration

■  Maximum of 2 years of
incarceration

■  $500 - $5,000 fine

■  Alcohol Highway
Safety School

■  CRN evaluation

■  1 year Ignition
interlock

■  House arrest/work
release eligible

■ 2nd degree
misdemeanor

■ 1 year license
suspension

■ Mandatory minimum
of 10 days of
incarceration

■ Maximum of 2 years
of incarceration

■   $500 - $5,000 fine

■   CRN evaluation

■ 1 year Ignition
interlock

■   Work release eligible

High Rate
of Alcohol

■   §3802(b)

■   BAC of
.10% to
.159%

■   Minors with
.02% BAC

■   CDL drivers
with .04%
BAC

■   School
bus/vehicle
drivers with
.04% BAC

■  Ungraded
misdemeanor

■  1 year license
suspension

■  Mandatory minimum of
48 hours of
incarceration

■  Maximum of 6 months
of incarceration

■  $500 - $5,000 fine

■  Alcohol Highway
Safety School

■  CRN evaluation

■  A.R.D. eligible

■  Flat Program eligible

■  Ungraded
misdemeanor

■  1 year license
suspension

■  Mandatory minimum
of 30 days
incarceration

■  Maximum of 6
months of
incarceration

■  $750 - $5,000 fine

■  Alcohol Highway
Safety School

■  CRN evaluation

■  1 year Ignition
interlock

■  House arrest/work
release eligible

■  1st degree
misdemeanor

■  18 months license
suspension

■  Mandatory minimum of
90 days of
incarceration

■  Maximum of 5 years of
incarceration

■  $1,500 - $10,000 fine

■  Alcohol Highway
Safety School

■  CRN evaluation
• 1 year Ignition

interlock

■  House arrest/work
release eligible

■ 1st degree
misdemeanor

■ 18 months license
suspension

■ Mandatory minimum
of 1 year of
incarceration

■ Maximum of 5 years
of incarceration

■   $1,500 - $10,000 fine

■   CRN evaluation

■ 1 year Ignition
interlock

■   Work release eligible

Highest
Rate of
Alcohol

■   §3802(c)
• BACof

.16% and
above

■   Minimum
levels of
controlled
substances
in blood

■     Individuals
who
refused
chemical
tests

■  Ungraded
misdemeanor

■  1 year license
suspension

■  Mandatory minimum of
72 hours of
incarceration

■  Maximum of 6 months
of incarceration

- $1,000 - $5,000 fine

■  Alcohol Highway
Safety School

■  CRN evaluation

■  A.R.D. eligible

■  Flat Program eligible

■  1st degree
misdemeanor

■  18 months license
suspension

■  Mandatory minimum
of 90 days of
incarceration

■  Maximum of 5 years
of incarceration

■  $1,500 fine

■  Alcohol Highway
Safety School

■  CRN evaluation

■  1 year Ignition
Interlock

■  House arrest/work
release eligible

■  1st degree
misdemeanor

■  18 months license
suspension

■  Mandatory minimum of
1 year of incarceration

■  Maximum of 5 years of
incarceration

■  $2,500 fine

■  CRN evaluation

■  1 year Ignition
Interlock

■ 1st degree
misdemeanor

■ 18 months license
suspension

■ Mandatory minimum
of 1 year of
incarceration

■ Maximum of 5 years
of incarceration

• $2,500 fine

■  CRN evaluation

■ 1 year Ignition
Interlock


§ 1101.  Certificate of title required.

(a)  General rule.--Except as provided in section 1102 (relating to vehicles not requiring certificate of title), every owner of a vehicle which is in this Commonwealth and for which no certificate of title has been issued by the department shall make application to the department for a certificate of title of the vehicle.

(b)  Registration without certificate prohibited.--The department shall not register or renew the registration of a vehicle 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.

(c)  Penalty.--Failure to obtain a certificate of title as required by law is a summary offense.

§ 1102.  Vehicles not requiring certificate of title.

No certificate of title is required for:

(1)  A vehicle owned by the United States unless it is registered in this Commonwealth.

(2)  A golf cart, motor-driven cycle, go-cart or other similar vehicle unless it is registered in this Commonwealth.

(3)  A new vehicle owned by a manufacturer or registered dealer before and until sale.

(4)  A vehicle owned by a nonresident of this Commonwealth and not required by law to be registered in this Commonwealth.

(5)  A vehicle owned by a resident legally required 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.

(6)  A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state.

(7)  A vehicle moved solely by human or animal power.

(8)  An implement of husbandry unless required to be registered.

(9)  Special mobile equipment unless required to be registered.

(10)  A multipurpose agricultural vehicle.

(11)  A tow dolly.

(12)  An electric personal assistive mobility device.

(Mar. 7, 1982, P.L.152, No.49, eff. imd.; July 11, 1985, P.L.220, No.56, eff. 60 days; Aug. 5, 1991, P.L.238, No.26, eff. imd.; July 4, 2002, P.L.692, No.105, eff. 60 days)

 

2002 Amendment. Act 105 added par. (12).

1991 Amendment. Act 26 added par. (11).

1985 Amendment. Act 56 added par. (10).

1982 Amendment. Act 49 amended the intro. par. and deleted par. (10).

Cross References. Section 1102 is referred to in section 1101 of this title.

§ 1103.  Application for certificate of title (Repealed).

 

1990 Repeal. Section 1103 was repealed June 30, 1990, P.L.266, No.63, effective immediately, and July 10, 1990, P.L.356, No.83, effective immediately.

How a DUI Attorney Philadelphia can make you understand the application process

§ 1103.1.  Application for certificate of title.

(a)  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 vehicle, the vehicle identification number, odometer reading, date of purchase, the actual or bona fide 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 vehicle and to enable the department to determine whether the owner is entitled to a certificate of title, and the description of any security interests in the vehicle. Program participants in the Address Confidentiality Program under 23 Pa.C.S. Ch. 67 (relating to domestic and sexual violence victim address confidentiality) may use a substitute address designated by the Office of Victim Advocate as their address.

(b)  Signing and filing of application.--Application for a certificate of title shall be made within 20 days of the sale or transfer of a vehicle or its entry into this Commonwealth from another jurisdiction, whichever is later. The application shall be accompanied by the fee prescribed in this title and any tax payable by the applicant under the laws of this Commonwealth in connection with the acquisition or use of a vehicle or evidence to show that the tax has been 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 some person specifically authorized by the corporation to sign the application.

(c)  Manufacturer's Statement of Origin for new vehicles.--If the application refers to a new vehicle, it shall be accompanied by the Manufacturer's Statement of Origin for the vehicle.

(d)  Vehicles purchased from dealers.--If the application refers to a vehicle purchased from a dealer, the dealer shall mail or deliver the application to the department within 20 days of the date of purchase. The application shall contain the names and addresses of any lienholders in order of priority and the amounts and the dates of the security agreements and be assigned by the dealer to the owner and signed by the owner. Any dealer violating this subsection is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $50 for each violation. The requirement that the dealer mail or deliver the application to the department does not apply to vehicles purchased by fleet owners or governmental or quasi-governmental agencies.

(d.1)  Presumption of receipt and grace period prior to prosecution.--Within one business day of receiving an application referring to a vehicle purchased from a dealer, the department shall stamp the application with a work identification number, which shall include the year and day that the application was received at the department. In determining whether a dealer has submitted an application in accordance with subsection (d), an additional ten-day period shall be calculated and allotted to the dealer to account for any possible delay of the mail or by the department in timely stamping an application as to the year and day received. No issuing authority or court shall extend this period. An application, or copy thereof certified by the department, which displays the stamped work identification document number shall be accepted by any issuing authority or court in any proceeding as prima facie evidence of the date that the application was received by the department. If the displayed stamp is not legible, a certification by the department of the date that the application was received shall be accepted by the issuing authority or court as prima facie evidence of that date.

(e)  Out-of-State vehicles.--If the application refers to a vehicle last previously titled or registered in another state or country, the following information shall be contained in or accompany the application or be forwarded in support of the application as required by the department:

(1)  Any certificate of title issued by the other state or country.

(2)  A tracing of the vehicle identification number taken from the official number plate or, where it is impossible to secure a legible tracing, verification that the vehicle identification number of the vehicle has been inspected and found to conform to the description given in the application. The department shall provide by regulation the persons who are authorized to verify vehicle identification numbers under this paragraph.

(3)  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.

(f)  Foreign vehicles owned by military personnel.--If the application refers to a vehicle last previously registered in another country by a person on active duty in the armed forces of the United States, the department may accept a complete form issued by the United States Department of Defense as evidence of ownership.

(g)  Specially constructed, reconstructed or modified vehicles.--If the vehicle to be titled is a specially constructed, reconstructed or modified vehicle, that fact shall be stated in the application. The department may promulgate rules and regulations pertaining to the titling of specially constructed, reconstructed or modified vehicles.

(g.1)  Verification.--In lieu of notarization of any document required to be submitted with the application for certificate of title, the department shall accept the verification of a person's signature by a wholesale vehicle auction licensed by the State Board of Vehicle Manufacturers, Dealers and Salespersons or its employee, or an issuing agent who is licensed as a vehicle dealer by the State Board of Vehicle Manufacturers, Dealers and Salespersons, or its employee. The name and identification number and the signature of the issuing agent or wholesale vehicle auction or respective employee shall be written in the space reserved for a notarization or verification. If an issuing agent or wholesale vehicle auction or respective employee falsely verifies a person's signature, the department shall suspend the issuing agent's or wholesale vehicle auction's authority to issue temporary registration plates and cards for not less than 30 days. When verification is used in lieu of notarization, the issuing agent or its employee shall verify a person's identity by using at least one form of government-issued photo identification. A copy of the form of identification used shall be maintained by the issuing agent for a period of three years from the date of the verification.

(h)  Penalties.--Any person who falsely verifies a signature under subsection (g.1) or a vehicle identification number under subsection (e)(2) or who verifies a vehicle identification number without being authorized as provided in subsection (e)(2) commits a summary offense punishable by a fine of $300.

(June 30, 1990, P.L.266, No.63, eff. imd.; July 10, 1990, P.L.356, No.83, eff. imd.; Dec. 7, 1994, P.L.820, No.115, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; Nov. 30, 2004, P.L.1474, No.188, eff. 180 days; July 14, 2005, P.L.285, No.50, eff. 60 days)

 

2005 Amendment. Act 50 amended subsec. (g.1).

2004 Amendment. Act 188 amended subsec. (a).

2002 Amendment. Act 152 amended subsecs. (g) and (g.1).

1998 Amendment. Act 151 amended subsec. (h) and added subsec. (g.1).

1994 Amendment. Act 115 added subsec. (d.1).

1990 Amendments. Acts 63 and 83 added section 1103.1. The amendments by Acts 63 and 83 are identical except for a reference by Act 83 in subsecs. (b) and (d) to "20 days" which has been given effect in setting forth the text of section 1103.1.

Cross References. Section 1103.1 is referred to in section 1111 of this title.

§ 1104.  Examination of records upon receipt of application.

The department, upon receiving an application for a certificate of title, shall check the vehicle identification number shown in the application against the records of vehicles required to be maintained under section 1105 (relating to issuance of certificate of title) and against the record of stolen vehicles required to be maintained under section 7114 (relating to records of stolen vehicles). If the record indicates that the vehicle is stolen, the application and accompanying documents may be retained by the department pending investigation.

§ 1105.  Issuance of certificate of title.

(a)  General rule.--The department shall file each application received and, when satisfied as to the genuineness and regularity of the application and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title for the vehicle. The department shall use reasonable diligence in ascertaining whether or not the facts stated in the application are true.

(b)  Maintenance of records.--The department shall maintain a record of all certificates of title issued by the department as follows:

(1)  Under a distinctive title number assigned to the vehicle.

(2)  Under the vehicle identification number.

(3)  Alphabetically, under the name of the owner.

(4)  In the discretion of the department, by any other method determined by the department.

(c)  Title transfer odometer readings.--The department shall compare the odometer reading of the vehicle each time a certificate of title is transferred and ascertain the reported mileage against the most recent previously reported mileage for the vehicle.

(June 14, 1983, P.L.16, No.8, eff. 60 days)

 

1983 Amendment. Act 8 added subsec. (c).

Cross References. Section 1105 is referred to in section 1104 of this title.

§ 1106.  Content and effect of certificate of title.

(a)  Vehicle identification and encumbrances.--A certificate of title shall contain such description and other evidence of identification of the vehicle for which it is issued as the department may deem necessary and the odometer reading, together with a statement of any liens or encumbrances, including the names of the holder or holders of the liens or encumbrances and any indication of special use or condition set forth under subsection (b).

(b)  Indication of special use or condition.--No person shall assign a certificate of title to any vehicle unless the certificate clearly contains notice of the use or condition if the vehicle is or has been:

(1)  used as a police car;

(2)  used as a taxicab for the transport of passengers, for hire, having a seating capacity of nine or fewer passengers;

(3)  an abandoned vehicle;

(4)  a flood vehicle;

(5)  a modified vehicle;

(6)  a reconstructed vehicle;

(7)  a specially constructed vehicle;

(8)  a recovered theft vehicle or a theft vehicle;

(9)  a vehicle originally manufactured for intended distribution outside the United States;

(10)  bearing a VIN plate differing from its original; or

(11)  a motor vehicle returned to a vehicle dealer or manufacturer pursuant to the act of March 28, 1984 (P.L.150, No.28), known as the Automobile Lemon Law.

Indication of the use or condition shall be deemed part of the description of the vehicle. Any person violating this subsection commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.

(c)  Certificate as evidence and notice.--A certificate of title issued by the department is prima facie evidence of the facts appearing on the certificate. The certificate shall be adequate notice to the Commonwealth, creditors, subsequent lienholders and purchasers that a lien against the vehicle exists. The printed name of the secretary shall constitute a signature on the certificate.

(June 14, 1983, P.L.16, No.8, eff. 60 days; Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

 

2002 Amendment. Act 152 amended subsecs. (a) and (b).

1992 Amendment. Act 174 amended subsec. (c).

§ 1107.  Delivery of certificate of title.

The certificate of title shall be mailed to the first lienholder or encumbrancer named in the certificate or, if there is no lienholder or encumbrancer, the title shall be mailed or delivered to the owner in accordance with the department regulations.

§ 1108.  Registration without certificate of title.

If the department is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in the vehicle, the department may register the vehicle but shall withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the ownership by the applicant of the vehicle and that there are no undisclosed security interests in the vehicle.

§ 1109.  Refusing issuance of certificate.

The department may refuse issuance of a certificate of title or certificate of salvage when it has reasonable grounds to believe:

(1)  That any required fee has not been paid.

(2)  That any taxes payable under the laws of this Commonwealth on or in connection with, or resulting from, the acquisition or use of the vehicle have not been paid.

(3)  That the applicant is not the owner of the vehicle.

(4)  That the application contains a false or fraudulent statement.

(5)  That the applicant has failed to furnish required information or documents or any additional information the department reasonably requires.

(6)  That the vehicle is a nonrepairable vehicle.

(Dec. 9, 2002, P.L.1278, No.152)

 

2002 Amendment. Act 152 amended the entire section, effective immediately as to par. (6) and 60 days as to the remainder of the section.

§ 1110.  Duplicate certificate of title to replace original.

(a)  Application for duplicate.--In the event of a lost, destroyed, defaced, stolen or illegible certificate of title, application for a duplicate may be made by furnishing information satisfactory to the department upon a form prescribed and furnished by the department. The form shall be signed by the first lienholder or, if none, the owner or legal representative of the owner, verified by oath or affirmation of the applicant, accompanied by the fee provided in this title.

(b)  Status of original and duplicate.--If the original certificate of title is found after the duplicate is issued, the original title shall be returned to the department with an explanation. Only the duplicate title is valid once issued. Subsequent transfer of ownership can be made only on the duplicate.

§ 1111.  Transfer of ownership of vehicle.

(a)  Duty of transferor.--In the event of the sale or transfer of the ownership of a vehicle within this Commonwealth, the owner shall execute an assignment and warranty of title to the transferee in the space provided on the certificate or as the department prescribes, sworn to before a notary public or other officer empowered to administer oaths or verified by a wholesale vehicle auction licensed by the State Board of Vehicle Manufacturers, Dealers and Salespersons, or its employee, or an issuing agent who is licensed as a vehicle dealer by the State Board of Vehicle Manufacturers, Dealers and Salespersons, or its employee, and deliver the certificate to the transferee at the time of the delivery of the vehicle.

(a.1)  Exception for dealers.--When a certificate of title for a vehicle acquired by a licensed dealer for the purpose of resale is encumbered by a lien, delivery of the certificate of title by the dealer as a transferor at the time of delivery of the vehicle upon resale shall not be required for a vehicle being titled in this Commonwealth if, prior to delivery of the vehicle, the dealer obtains the applicable powers of DUI Lawyer Philadelphia to properly execute transfer of the title and the dealer requests and receives the departmental verification of any lienholders, ownership, odometer information, title brands and any other information that the department deems necessary to be verified. Upon payment of the established fee, the department shall provide the dealer or authorized messenger service with verification of the required information. The department may supply the verified information by either written or electronic means. The application and a properly assigned certificate of title shall be delivered to the department within the time period prescribed by section 1103.1 (relating to application for certificate of title). If a dealer sells a vehicle after verification of the required information for a certificate of title encumbered by a lien, but fails to satisfy the lien or deliver an assignment and warranty of title to the dealer's transferee within 90 days of the date of purchase, and this failure is the result of an act or omission by the dealer, the dealer shall accept return of the vehicle from the transferee and shall refund the purchase price less actual depreciation of the vehicle while it was within the possession of the transferee. In refunding the purchase price, the price shall include the listed dollar value of any trade-in vehicle as stated in the sales transaction document in lieu of returning the transferee's trade-in vehicle.

(a.2)  Exception for sales at licensed wholesale auctions.--In the event of the offering for sale or transfer of a vehicle between automobile dealers licensed by this Commonwealth or another state at a wholesale vehicle auction which is licensed by the State Board of Vehicle Manufacturers, Dealers and Salespersons as a wholesale vehicle auction, the licensed dealer need not execute an assignment and warranty of title to the transferee at the time of the offering of the vehicle for sale if, prior to the offering of the sale of the vehicle, it is noted that the title is not present. The transferor shall deliver a properly assigned and warranted title to that transferee within ten days of the date that the vehicle was offered for sale, and the sale shall not be consummated until the transferor has delivered the title to the transferee.

(b)  Duty of transferee.--Except as otherwise provided in section 1113 (relating to transfer to or from manufacturer or dealer), the transferee shall, within ten days of the assignment or reassignment of the certificate of title, apply for a new title by presenting to the department the properly completed certificate of title, sworn to before a notary public or other officer empowered to administer oaths or verified before an issuing agent, who is licensed as a vehicle dealer by the State Board of Vehicle Manufacturers, Dealers and Salespersons, or its employee, and accompanied by such forms as the department may require.

(b.1)  Transfers relating to the RESET program.--A motor vehicle transferred to the Commonwealth or a political subdivision for use in the RESET program administered under section 405.1 of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, shall not be subject to sales or use tax under Article II of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, upon the removal of the vehicle from inventory by any:

(1)  motor vehicle dealer, importer or wholesaler; or

(2)  "broker," "dealer" or "distributor," as defined in section 2 of the act of December 22, 1983 (P.L.306, No.84), known as the Board of Vehicles Act.

(c)  Penalty.--Any person violating subsection (a) shall be guilty of a summary offense and shall, upon conviction, be sentenced:

(1)  For a first offense, to pay a fine of $100.

(2)  For a subsequent offense, to pay a fine of not less than $300 nor more than $1,000.

(July 10, 1984, P.L.679, No.146, eff. 60 days; Dec. 20, 1995, P.L.666, No.74; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; July 14, 2005, P.L.285, No.50, eff. 60 days)

 

2005 Amendment. Act 50 amended subsec. (a).

Cross References. Section 1111 is referred to in section 1113 of this title.

§ 1112.  Disclosure of odometer reading and tampering with odometer (Repealed).

 

1983 Repeal. Section 1112 was repealed June 14, 1983, P.L.16, No.8, effective in 60 days. The subject matter is now contained in Subchapter D of Chapter 71 of this title.

§ 1113.  Transfer to or from manufacturer or dealer.

(a)  Transfer to manufacturer or dealer.--When the purchaser or transferee of a vehicle is a manufacturer or registered dealer who holds the vehicle for resale, a certificate of title need not be applied for as provided for in section 1111 (relating to transfer of ownership of vehicle), but the transferee shall, within seven days from the date of assignment of the certificate of title to the manufacturer or dealer, forward to the department, upon a form prescribed and furnished by the department, notification of the acquisition of the vehicle. Notification in lieu of applying for a certificate of title as authorized in this section may not be used in excess of three consecutive transactions after which time an application shall be made for a certificate of title. Notwithstanding the foregoing, a transferee of a motor vehicle shall apply for a certificate of title no later than six months from the date of the assignment.

(b)  Execution and display of notice of transfer.--The manufacturer or dealer making notification as to any vehicle acquired pursuant to subsection (a) shall execute at least two copies, the original of which shall be forwarded to the department, and one copy shall be retained by the manufacturer or dealer for at least one year after a subsequent transfer, to be exhibited, with a copy of the assigned certificate of title, upon request of any police officer or authorized department employee.

(c)  Transfer from manufacturer or dealer.--Except as otherwise provided in this section when the transferee is another manufacturer or dealer:

(1)  The manufacturer or dealer, upon transferring their interest in the vehicle, shall execute an assignment and warranty of title to the transferee in the space provided on the certificate or as the department prescribes.

(2)  The transferee shall complete the application for certificate of title in the name of the transferee.

(3)  The manufacturer or dealer shall forward the certificate of title and any other required forms to the department within 20 days of the transfer.

(d)  Exception for repossessed vehicles.--This section does not apply to a vehicle repossessed upon default of performance of a lease, contract of conditional sale or similar agreement.

(e)  Penalty.--Any manufacturer or dealer violating any of the provisions of this section is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $50 for each violation.

(July 10, 1984, P.L.679, No.146, eff. 60 days; July 10, 1990, P.L.356, No.83, eff. 30 days; Aug. 5, 1991, P.L.238, No.26, eff. imd.; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

 

1998 Amendment. Act 151 amended subsecs. (a), (b) and (c).

Cross References. Section 1113 is referred to in sections 1111, 1952, 7134 of this title.

§ 1114.  Transfer of vehicle by operation of law.

(a)  General rule.--If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as otherwise provided, promptly mail or deliver to the department the last certificate of title, if available, and shall apply for a new certificate of title on a form prescribed and furnished by the department. The application shall be accompanied by such instruments or documents of authority, or certified copies thereof, as may be sufficient or required by law to evidence or effect a transfer of title or interest in or to chattels in such case.

(b)  Transfer to surviving spouse.--Transfer of a certificate of title to a surviving spouse, or any person designated by the spouse, may be made without the necessity of filing for letters of administration notwithstanding the fact that there are minor children surviving the decedent provided the surviving spouse files an affidavit that all the debts of the decedent have been paid.

(c)  Surrender of certificate.--A person holding a certificate of title whose interest in a vehicle has been extinguished or transferred other than by voluntary transfer shall immediately surrender the certificate of title to the person to whom the right to possession of the vehicle has passed. Upon request of the department, such person shall mail or deliver the certificate to the department. Delivery of the certificate pursuant to the request of the department does not affect the rights of the person surrendering the certificate.

 

Saved from Suspension. Pennsylvania Rule of Civil Procedure for District Justices No. 482(10), as amended April 25, 1979, provided that section 1114 shall not be deemed suspended or affected. Rules 401 through 482 relate to execution of judgments for the payment of money rendered by district justices. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 482 can now be found in Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges.

Pennsylvania Rule of Civil Procedure No. 3159(b)(11), adopted April 20, 1998, provided that section 1114 shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money.

Cross References. Section 1114 is referred to in section 1902 of this title; sections 1957, 8580, 8965 of Title 15 (Corporations and Unincorporated Associations).

§ 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).

§ 1116.  Issuance of new certificate following transfer.

(a)  Voluntary transfer.--The department, upon receipt of a properly assigned certificate of title with an application for a new certificate of title, the required fee and any other required documents and articles, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in the certificate or, if none, to the owner.

(b)  Involuntary transfer.--The department, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, on a form prescribed and furnished by the department together with proper proof satisfactory to the department of the transfer, the required fee and any other required documents and articles, shall issue a new certificate of title in the name of the transferee as owner.

(c)  Filing and retention of surrendered certificate.--The department shall file and retain for five years every surrendered certificate of title, or a copy, in such a manner as to permit the tracing of title of the vehicle.

 

Saved from Suspension. Pennsylvania Rule of Civil Procedure for District Justices No. 482(10), as amended April 25, 1979, provided that section 1116(b) shall not be deemed suspended or affected. Rules 401 through 482 relate to execution of judgments for the payment of money rendered by district justices. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 483 can now be found in the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges.

Pennsylvania Rule of Civil Procedure No. 3159(b)(11), adopted April 20, 1998, provided that section 1116 shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money.

Cross References. Section 1116 is referred to in sections 1957, 8580, 8965 of Title 15 (Corporations and Unincorporated Associations).

§ 1117.  Vehicle destroyed, dismantled, salvaged or recycled (Repealed).

 

2002 Repeal. Section 1117 was repealed December 9, 2002, P.L.1278, No.152, effective in 60 days.

§ 1118.  Suspension and cancellation of certificate of title.

(a)  Return of new vehicle.--The department may cancel the certificate of title issued for a new vehicle when it is shown by satisfactory evidence that the vehicle has been returned within the time specified in the department regulations to the manufacturer or dealer from whom obtained.

(b)  Vehicles sold to nonresidents or abandoned, nonrepairable or salvage.--The department may cancel certificates of title for vehicles sold to residents of other states or foreign countries when the vehicle is to be registered in the other jurisdiction or for an abandoned vehicle processed under this title or a nonrepairable or salvage vehicle.

(c)  Surrender of Pennsylvania certificate in other jurisdiction.--The department, upon receipt of notification from another state or foreign country that a certificate of title issued by the department has been surrendered by the owner in conformity with the laws of the other state or foreign country, may cancel the certificate of title.

(d)  Surrender of foreign certificate to department.--When an owner surrenders a certificate of title from another state or foreign country to the department, the department may notify the state or foreign country in order that the certificate of title may be cancelled or otherwise disposed of in accordance with the law of the other jurisdiction.

(e)  Conviction for misstatement of facts.--The department, upon receipt of certification from the clerk of any court showing conviction for a misstatement of facts on any application for an original or duplicate certificate of title or any transfer of a certificate of title, shall suspend the certificate of title and require that the certificate be returned immediately to the department, whereupon the department may cancel the certificate.

(f)  Nonpayment of fee.--The department may suspend a certificate of title when a check received in payment of the fee is not paid on demand or when the fee for the certificate is unpaid and owing.

(g)  Security interest unaffected by suspension or cancel- lation.--Suspension or cancellation of a certificate of title does not, in itself, affect the validity of a security interest noted on the certificate.

(h)  Surrender of certificate.--The department may request the return of certificates of title which have been suspended or cancelled. The owner or person in possession of the certification of title shall immediately mail or deliver the certificate to the department.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

 

2002 Amendment. Act 152 amended subsec. (b).

§ 1119.  Application for certificate of title by agent.

(a)  Authorization to make application.--

(1)  Except as provided in paragraph (2), no person shall make application for a certificate of title when acting for another person unless authorization to make the application is in effect and is verified by oath or affirmation of the other person, made not more than 90 days before the application is received by the department.

(2)  The 90-day provision contained in paragraph (1) shall not apply to:

(i)  Fleet owners who are lessees of vehicles.

(ii)  A wholesale vehicle auction licensed pursuant to the act of December 22, 1983 (P.L.306, No.84), known as the Board of Vehicles Act.

(iii)  Blanket powers of DUI Attorney Philadelphia issued for general purposes not limited to the sale, purchase or transfer of vehicles.

(b)  Certificate not to be assigned in blank.--No person shall make application for, or assign or physically possess, a certificate of title, or direct or allow another person in his employ or control to make application for, or assign or physically possess, a certificate of title, unless the name of the transferee is placed on the assignment of certificate of title simultaneously with the name of the transferor and duly notarized. Wholesale vehicle auctions and vehicle dealers licensed pursuant to the Board of Vehicles Act are exempt from the limitations of this subsection with respect to certificates of title for vehicles that are entrusted to the licensed wholesale vehicle auction for sale or transfer.

(c)  Persons authorized to hold certificate.--

(1)  No person shall receive, obtain or hold a certificate of title recorded in the name of another person for the other person who is not in the regular employ of, or not a member of the family of, the other person.

(2)  The following persons are exempt from the limitations of paragraph (1):

(i)  A lienholder who has a valid undischarged lien recorded in the department against the vehicle represented by the certificate of title.

(ii)  A vehicle auction, licensed pursuant to the act of December 22, 1983 (P.L.306, No.84), known as the Board of Vehicles Act, when offering vehicles for sale.

(iii)  A vehicle dealer, licensed pursuant to the Board of Vehicles Act, offering a vehicle for sale pursuant to a written consignment agreement with the transferor.

(d)  Penalty.--Any person violating any of the provisions of this section is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $100.

(May 21, 1992, P.L.244, No.37, eff. 60 days; July 11, 1996, P.L.660, No.115, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. imd.; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; July 14, 2005, P.L.285, No.50, eff. 60 days)

 

2005 Amendment. Act 50 amended subsecs. (a) and (b).

1998 Amendment. Act 151 amended subsec. (c)(2)(ii) and (iii).

1996 Amendment. Act 115 amended subsec. (c).

Cross References. Section 1119 is referred to in section 5601 of Title 20 (Decedents, Estates and Fiduciaries).

 

SUBCHAPTER B

SECURITY INTERESTS

 

Sec.

1131.  Applicability of subchapter.

1132.  Perfection of security interest (Deleted by amendment).

1132.1. Perfection of a security interest in a vehicle.

1133.  Creation of security interest for titled vehicle (Deleted by amendment).

1134.  Assignment by lienholder of security interest.

1135.  Satisfaction of security interest.

1136.  Duty of lienholder to disclose pertinent information.

1137.  Subchapter exclusive for perfecting security interest.

1138.  Duration of perfection.

1139.  Terminal rental adjustment clauses.

1140.  Cancellation of certificate of title or ownership for mobile home.

§ 1131.  Applicability of subchapter.

This subchapter does not apply to or affect:

(1)  A lien given by statute or rule of law to a supplier of services or materials for the vehicle.

(2)  A lien given by statute to the United States, the Commonwealth or any political subdivision.

(3)  A security interest in a vehicle which is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind.

(4)  Any vehicle for which a certificate of title is not required under this chapter.

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001)

 

2001 Amendment. Act 18 amended par. (3).

§ 1132.  Perfection of security interest (Deleted by amendment).

 

2001 Amendment. Section 1132 was deleted by amendment June 8, 2001, P.L.123, No.18, effective July 1, 2001.

§ 1132.1.  Perfection of a security interest in a vehicle.

(a)  Perfection.--A security interest in a vehicle titled in this Commonwealth is perfected at the time the department receives all of the following:

(1)  A completed application specifying the lienholder's name and address. Program participants in the Address Confidentiality Program under 23 Pa.C.S. Ch. 67 (relating to domestic and sexual violence victim address confidentiality) may use a substitute address designated by the Office of Victim Advocate as their address.

(2)  An amount equal to or greater than the fee required by section 1953 (relating to security interest).

(3)  The manufacturer's statement of origin or the existing certificate of title for the vehicle.

(b)  Duty of a lienholder.--If an additional security interest in a vehicle titled in this Commonwealth is being created by the owner of the vehicle and the certificate of title is in the possession of a lienholder, the lienholder shall, at the request of the owner, deliver the certificate of title to the person perfecting the security interest in the vehicle. Upon receipt of the certificate of title, the person perfecting the security interest in the vehicle shall deliver the certificate of title to the department in accordance with subsection (a).

(c)  Work identification number.--Upon receipt of items required in subsection (a), the department shall assign or place a work identification number on each of the items. The first two numbers in the work identification number shall indicate the year in which the items were received. The next three numbers in the work identification number shall indicate the day of the year the items were received. The date indicated in the work identification number shall constitute conclusive evidence of the date of receipt and the date of perfection.

(d)  Delivery of certificate of title.--Upon perfection of a security interest in a vehicle, the department shall issue a certificate of title with the names of the first two lienholders and indicate the number of additional lienholders existing at that time. The department shall mail the certificate of title to the first lienholder named in the certificate of title.

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001; Nov. 30, 2004, P.L.1474, No.188, eff. 180 days)

 

2004 Amendment. Act 188 amended subsec. (a).

2001 Amendment. Act 18 added section 1132.1.

§ 1133.  Creation of security interest for titled vehicle (Deleted by amendment).

 

2001 Amendment. Section 1133 was deleted by amendment June 8, 2001, P.L.123, No.18, effective July 1, 2001.

§ 1134.  Assignment by lienholder of security interest.

(a)  General rule.--A lienholder may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity or perfection of the security interest but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder under this chapter until the assignee is named as lienholder on the certificate of title.

(b)  Duty of assignee.--The assignee shall deliver to the department the certificate of title and an assignment by the lienholder named in the certificate of title on a form prescribed and furnished by the department and accompanied by the required fee. Failure of the assignee to make the delivery shall not affect the validity or perfection of the security interest.

(c)  Division 9.--The provisions of this subchapter are subject to 13 Pa.C.S. § 9308(e) (relating to when security interest or agricultural lien is perfected; continuity of perfection).

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001)

§ 1135.  Satisfaction of security interest.

(a)  Absence of subsequent liens.--Where there are no subsequent liens upon a vehicle, the following rules apply upon the satisfaction of a security interest in the vehicle:

(1)  The outstanding certificate of title shall be mailed or delivered immediately to the owner of the vehicle with proper evidence of satisfaction and release or the lienholder may apply for corrected title to be issued in the name

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