SENATE AMENDED
PRIOR PRINTER'S NOS. 462, 1526, 2856 PRINTER'S NO. 3017
No. 422 Session of 1989
INTRODUCED BY MARKOSEK, COWELL, GODSHALL, KAISER, TIGUE, BLAUM,
KUKOVICH, RYBAK, JOHNSON, PRESTON, KOSINSKI, J. L. WRIGHT,
VROON, FOX, PRESSMANN, GIGLIOTTI, PISTELLA, SCHULER,
CAPPABIANCA, MAIALE, D. W. SNYDER, BURD, HAYDEN, DALEY,
LINTON, RITTER, HERMAN, VAN HORNE, COLAFELLA, STAIRS, TRELLO,
DeLUCA, SEMMEL, HERSHEY, BIRMELIN, CLYMER, KENNEY, SAURMAN,
JAROLIN, OLIVER, REINARD, McCALL, STEIGHNER, MORRIS, MELIO,
DIETTERICK, MICOZZIE, SCHEETZ, GEIST, J. TAYLOR, OLASZ,
BOWLEY, CORNELL, SERAFINI, HALUSKA, BUNT, BELFANTI, McVERRY,
BELARDI, BILLOW, LESCOVITZ, LEVDANSKY, CARN, LANGTRY,
STABACK, VEON, MICHLOVIC, CIVERA, WOZNIAK, GRUPPO, ACOSTA AND
KASUNIC, FEBRUARY 13, 1989
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JANUARY 30, 1990
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing FOR VEHICLE DESTROYED OR JUNKED <--
3 AND for vehicle identification numbers.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 1117(A), 7102, 7103, 7104 and 7105 of <--
7 Title 75 of the Pennsylvania Consolidated Statutes are amended
8 to read:
9 § 1117. VEHICLE DESTROYED OR JUNKED. <--
10 (A) APPLICATION FOR CERTIFICATE OF JUNK.--ANY OWNER WHO
11 TRANSFERS A VEHICLE AS SCRAP, OR TO BE DESTROYED OR JUNKED,
12 SHALL ASSIGN THE CERTIFICATE OF TITLE TO THE PERSON TO WHOM THE
13 VEHICLE IS TRANSFERRED. THE TRANSFEREE SHALL IMMEDIATELY PRESENT
1 THE ASSIGNED CERTIFICATE OF TITLE TO THE DEPARTMENT OR AN
2 AUTHORIZED AGENT OF THE DEPARTMENT WITH AN APPLICATION FOR A
3 CERTIFICATE OF JUNK UPON A FORM FURNISHED AND PRESCRIBED BY THE
4 DEPARTMENT. AN INSURER, AS DEFINED IN SECTION 1702 (RELATING TO
5 DEFINITIONS), TO WHICH TITLE TO A VEHICLE IS ASSIGNED UPON
6 PAYMENT TO THE INSURED OF THE REPLACEMENT VALUE OF A WRECKED
7 VEHICLE, SHALL BE REGARDED AS A TRANSFEREE UNDER THIS
8 SUBSECTION. IF AN OWNER RETAINS POSSESSION OF A VEHICLE WHICH IS
9 DAMAGED TO THE EXTENT THAT IT IS VALUELESS EXCEPT FOR JUNK, THE
10 OWNER SHALL APPLY FOR A CERTIFICATE OF JUNK IMMEDIATELY. IN THIS
11 CASE, AN INSURER SHALL NOT PAY VEHICLE REPAYMENT VALUE UNTIL THE
12 OWNER PRODUCES EVIDENCE TO THE INSURER THAT THE CERTIFICATE OF
13 JUNK HAS BEEN ISSUED.
14 * * *
15 § 7102. Removal or falsification of identification number.
16 (a) Offense defined.--A person who willfully places a false
17 identification number on or removes, sells or falsifies an
18 existing identification number of a vehicle, engine [or],
19 transmission or any other vehicle part bearing an identification
20 number is guilty of a misdemeanor of the third degree.
21 (b) Fraudulent intent.--A person who willfully and with
22 intent to conceal or misrepresent the identity of a vehicle,
23 engine [or], transmission or any other vehicle part bearing an
24 identification number, places a false identification number
25 thereon or removes, sells or falsifies an existing
26 identification number thereof, is guilty of a misdemeanor of the
27 first degree.
28 (c) Exception.--This section does not apply to the removal
29 of [an] a metal vehicle identification number plate from a
30 vehicle [for which a certificate of junk has been obtained in <--
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1 accordance with section 1117 (relating to vehicle destroyed or
2 junked).] or part thereof NEITHER DOES THIS SECTION PROHIBIT THE <--
3 REMOVAL OF A METAL VEHICLE IDENTIFICATION NUMBER PLATE FROM A <--
4 VEHICLE PART that is damaged and WHEN such removal is necessary <--
5 for proper repair or matching identification of a replacement
6 vehicle part. Such, BUT SUCH removal is only allowed if the <--
7 proper matching METAL VEHICLE identification number PLATE is <--
8 immediately and properly secured to the repaired or replacement
9 part.
10 § 7103. Dealing in vehicles with removed or falsified numbers.
11 (a) Offense defined.--A person who buys, receives,
12 possesses, sells or disposes of a vehicle, engine [or],
13 transmission or any other vehicle part bearing an identification
14 number, knowing that an identification number has been removed
15 [or falsified], a false identification number has been placed
16 thereon, or an existing identification number has been
17 falsified, is guilty of a misdemeanor of the third degree.
18 (b) Knowledge of fraudulent intent.--A person who buys,
19 receives, possesses, sells or disposes of a vehicle, engine
20 [or], transmission or any other vehicle part bearing an
21 identification number with knowledge that an identification
22 number has been removed [or falsified], a false identification
23 number has been placed thereon, or an existing identification
24 number has been falsified, with intent to conceal or
25 misrepresent the identity thereof, is guilty of a felony of the
26 third degree.
27 (c) Exception.--This section does not apply to the removal
28 of [an] a metal vehicle identification number plate from a
29 vehicle [for which a certificate of junk has been obtained in <--
30 accordance with section 1117 (relating to vehicle destroyed or
19890H0422B3017 - 3 -
1 junked).] or part thereof NEITHER DOES THIS SECTION PROHIBIT THE <--
2 REMOVAL OF A METAL VEHICLE IDENTIFICATION NUMBER PLATE FROM A <--
3 VEHICLE PART that is damaged and WHEN such removal is necessary <--
4 for proper repair or matching identification of a replacement
5 vehicle part. Such, BUT SUCH removal is only allowed if the <--
6 proper matching METAL VEHICLE identification number PLATE is <--
7 immediately and properly secured to the repaired or replacement
8 part.
9 § 7104. State replacement vehicle identification number plate.
10 (a) General rule.--No vehicle on which the vehicle
11 identification number has been removed or falsified shall be
12 titled or registered without a special permit from the
13 department.
14 (b) Application for plate.--Before a certificate of title or
15 registration for the vehicle can be obtained, the owner shall
16 apply to the department for a State replacement vehicle
17 identification number plate on a form furnished by the
18 department which shall contain the full name and address of the
19 owner and any other information the department may deem
20 necessary, [sworn to before an official empowered to administer
21 oaths] as certified by a police officer.
22 (c) Designation on plate.--The State replacement vehicle
23 identification number plate shall contain:
24 (1) Official department identification.
25 (2) The manufacturer's vehicle identification number, if
26 known, or a number assigned by the department.
27 (d) Issuance and display of plate.--The department shall
28 furnish a State replacement vehicle identification number plate
29 which shall be immediately placed in a uniform manner as
30 designated by the department on the vehicle.
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1 (e) Reconstructed or specially constructed vehicle.--The
2 department may assign a State replacement vehicle identification
3 number plate for a reconstructed or specially constructed
4 vehicle.
5 § 7105. Seizure of vehicles with removed or falsified numbers.
6 (a) Duty of police.--Every police officer having knowledge
7 of a vehicle on which the vehicle identification number has been
8 removed or falsified shall immediately seize and take possession
9 of the vehicle and arrest or file a complaint for the arrest of
10 the suspected owner or custodian. In all actions involving
11 seizure or possession of such vehicles, vehicle identification
12 information shall be transmitted to the Federal or other
13 agencies involved in recovery of stolen vehicles.
14 (b) Proceedings if owner known.--The court, upon petition of
15 the owner or of the person entitled to possession of a seized
16 vehicle, may relinquish custody of the vehicle to the person
17 legally entitled to the vehicle [upon presentation of proof that
18 a State replacement vehicle identification number plate has been
19 issued by the department under section 7104 (relating to State
20 replacement vehicle identification number plate)]. Any vehicle
21 in the possession or custody of a police officer shall not be
22 released to the owner or person legally entitled to possession
23 of a seized vehicle pursuant to this section until such time as
24 a replacement vehicle identification number plate has been
25 obtained. Proof of the replacement vehicle identification number
26 must be exhibited to the police officer at the time of release,
27 together with the court order relinquishing custody. The
28 provisions with regard to the securance of a replacement vehicle
29 identification number shall not apply when the vehicle is titled
30 in a foreign state and will be removed from this State
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1 immediately upon release. If the foreign vehicle will not be
2 removed immediately, the exception does not apply and a
3 replacement vehicle identification number must be obtained.
4 Except as otherwise provided in this section, the court shall
5 retain in custody the seized vehicle pending prosecution of the
6 person arrested. In case the person is found guilty, the vehicle
7 shall remain in the custody of the court until the fine and
8 costs of prosecution are paid, except that if 90 days have
9 elapsed after the verdict has been rendered and the fine and
10 costs have not been paid, the court shall proceed to advertise
11 and sell the vehicle in the manner provided by law for the sale
12 of personal property under execution. The proceeds from the sale
13 shall be used to pay the fine and costs of prosecution and the
14 balance, if any, shall be forwarded to the department to be
15 transmitted to the State Treasurer for deposit in the Motor
16 License Fund.
17 (c) Proceedings if owner unknown.--If ownership of the
18 vehicle is not established to the satisfaction of the court, the
19 vehicle shall be confiscated by the court and sold immediately,
20 and the proceeds shall be used to pay the costs of proceedings
21 and the balance, if any, shall be forwarded to the department to
22 be transmitted to the State Treasurer for deposit in the Motor
23 License Fund.
24 Section 2. This act shall take effect in 60 days.
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