§ 2505 — Transfer to automotive recycler

Delaware § 2505

• Jurisdiction: Delaware
• Title: 21
• Part: Registration, Title and Licenses
• Ch. 25: TRANSFER OF TITLE, REGISTRATION AND LIENS

Text

(a) Whenever an automotive recycler purchases or otherwise acquires any vehicle, whether registered or unregistered, for the purpose of wrecking or dismantling it in order to resell the parts thereof, such automotive recycler shall obtain the certificate of title issued by this State or any other state, a salvage certificate or other acceptable evidence of ownership from the seller or transferee which shall be deemed to meet all State proof of ownership, and shall be kept by the automotive recycler at the place of business where the vehicle was originally acquired by the automotive recycler. The automotive recycler shall report the acquisition of all vehicles to the Department on a monthly basis on a form devised by the Department. If the vehicle is transferred by the automotive recycler or the recycler’s agent to another person or location, it shall be noted by the automotive recycler in the record, and the proof of ownership shall be transferred and kept at the same location as the vehicle, unless the vehicle is transferred to a scrap processor for recycling the vehicle scrap in which case the automotive recycler shall immediately send or deliver the proof of ownership of the vehicle to the Department. In this case the automotive recycler shall complete a 3-part form provided by the Department and shall:

(1) Retain 1 copy in the recycler’s records;

(2) Forward 1 copy to the Department together with the proof of ownership;

(3) Forward the remaining copy to the scrap processor; and

(4) The scrap processor shall, upon destruction of the vehicle, retain a copy in such processor’s records. The copy retained by the scrap processor shall be kept for a period of 3 years and the scrap processor shall make the same available for inspection by any police officer during the regular working hours of such business.

(b) The records and information required by this section shall be maintained by the automotive recycler for as long as said vehicle remains in the recycler’s possession or control; provided, however, that if the automotive recycler transfers such vehicle to another person the recycler shall nevertheless keep such records and information for a period of 3 years from the date of such transfer. All records shall be maintained at the approved business location.

(c) If the ownership of the vehicle held for resale is transferred for titling and registration purposes, the transferring licensed automotive recycler without applying for a new certificate of title may execute an assignment of the certificate of title or salvage certificate to the transferee on the reassignment form prescribed by the Department.

(d) Any person who fails, neglects or refuses to maintain the records and information required by this section, or who shall refuse to permit the examination of the records or information by persons permitted to do so by this section or Chapter 75 of this title, shall be guilty of a class B misdemeanor as the same is defined in Chapter 42 of Title 11, and shall be subject to the penalties prescribed therein.

Legislative History

36 Del. Laws, c. 10, §§ 15, 26 ; Code 1935, §§ 5553, 5564; 43 Del. Laws, c. 244, §§ 9, 15 ; 45 Del. Laws, c. 287, § 2 ; 21 Del. C. 1953, § 2505; 51 Del. Laws, c. 223, § 2 ; 59 Del. Laws, c. 541, § 3 ; 63 Del. Laws, c. 53, § 1 ; 65 Del. Laws, c. 318, § 4 ; 70 Del. Laws, c. 186, § 1