1115 - Correction of certificate of title.

     § 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).