act-1990-0-8•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
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.