1161 - Certificate of salvage required.
SUBCHAPTER D SALVAGE VEHICLES, THEFT VEHICLES, RECONSTRUCTED VEHICLES AND FLOOD VEHICLES Sec. 1161. Certificate of salvage required. 1162. Transfer to vehicle salvage dealer. 1163. Transfer to scrap metal processor. 1164. Theft vehicles. 1165. Reconstructed vehicles. 1165.1. Inspection of reconstructed, modified and specially constructed vehicles. 1165.2. Specialized Vehicle Compliance Inspection Advisory Panel. 1166. Flood vehicles. 1167. Penalty. Enactment. Subchapter D was added December 9, 2002, P.L.1278, No.152, effective in 60 days. Cross References. Subchapter D is referred to in sections 4729, 7309 of this title. § 1161. Certificate of salvage required. (a) General rule.--Except as provided in sections 1162 (relating to transfer to vehicle salvage dealer) and 1163 (relating to transfer to scrap metal processor), a person, including an insurer or self-insurer as defined in section 1702 (relating to definitions), who owns, possesses or transfers a vehicle located or registered in this Commonwealth which qualifies as a salvage vehicle shall make application to the department for a certificate of salvage for that vehicle. (b) Application for certificate of salvage.--An owner who transfers a vehicle to be destroyed or dismantled, salvaged or recycled shall assign the certificate of title to the person to whom the vehicle is transferred. Except as provided in section 1163, 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 salvage upon a form furnished and prescribed by the department. An insurer as defined in section 1702 to which title to a vehicle is assigned upon payment to the insured or claimant of the replacement value of a 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 qualifies for vehicle replacement payment, the owner shall apply for a certificate of salvage immediately. In this case, an insurer shall not pay vehicle replacement value until the owner produces evidence to the insurer that the certificate of salvage has been issued. A self-insurer as defined in section 1702 shall apply for a certificate of salvage when a vehicle is damaged to the extent that the cost of repairs would exceed the replacement value of the vehicle as certified by a licensed motor vehicle physical damage appraiser. (c) Issuance and effect of certificate of salvage.--Upon proper application for a certificate of salvage, the department or agent of the department shall issue to the transferee a certificate of salvage which shall authorize the holder to possess or by endorsement transfer ownership of the salvage vehicle. A certificate of title or registration shall not again be issued or renewed for the vehicle except upon application containing the information the department requires, accompanied by any necessary documents required under section 1165 (relating to reconstructed vehicles). (d) Out-of-State salvage vehicles.--The owner of a salvage vehicle possessing a valid certificate of title or certificate of salvage from a state or jurisdiction other than this Commonwealth does not need to apply for a certificate under subsection (a). If the owner wishes to transfer the salvage vehicle, the owner shall make application to the department and attach the out-of-State certificate of title or certificate of salvage along with 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. The person identified on the application must be located or the owner or lienholder must be domiciled in this Commonwealth to qualify for issuance of a certificate of salvage by the department. (e) Certificate not to be assigned in blank.--No person shall make application for or assign or physically possess a certificate of salvage or direct or allow another person in his employ or control to make application for or assign or physically possess a certificate of salvage unless the name and address of the transferee is placed on the assignment of the certificate of salvage simultaneously with the name of the transferor. (f) Repairs to personal vehicle.--Nothing herein shall require a vehicle owner to obtain a certificate of salvage to repair or replace parts or component parts which malfunction or wear out as a result of normal use and operation which has occurred after the vehicle was transferred to the owner. Cross References. Section 1161 is referred to in section 1162 of this title.