SB 1129 — 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.

PRIOR PRINTER'S NO.

1480 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

11291718 2024THE INTRODUCEDGENERAL BYASSEMBLY FLYNN,OF ROTHMAN,PENNSYLVANIA FONTANA,SENATE COSTA,BILL CULVERSession AND COLEMAN, APRIL 4, 2024 REFERRED TO TRANSPORTATION, APRIL 4, 2024 AN ACT Amending Title 75 (Vehicles) of theNo. Pennsylvania Consolidated Statutes, in certificate of title and security interests, further providing for transfer to vehicle salvage dealer and for transfer to scrap metal processor.

1129 2024 INTRODUCED BY FLYNN, ROTHMAN, FONTANA, COSTA, CULVER AND COLEMAN, APRIL 4, 2024 SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED, JUNE 11, 2024 AN ACT AmeStatutes, IN GENERAL PROVISIONS, FURTHER PROVIDING FORated <-- 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.

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 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.

(C) AN ASCERTAINABLE VEHICLE IDENTIFICATION 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 20240SB1129PN1718 - 2 - 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:

* * * 20240SB1129PN1718 - 3 - (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:

(3) The vehicle salvage dealer does not begin the 20240SB1129PN1480<-- - 2 - dismantling or destruction of the vehicle until five business 20240SB1129PN1718 - 4 - days after the submission of the form specified under paragraph (2).

(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 20240SB1129PN1480 - 3 - contains the following:

20240SB1129PN1718 - 5 - (i) The vehicle information, including year, make, model and vehicle identification number.

(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).

SectionSECTION 2.3.

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 20240SB1129PN1718 - 6 - 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.