§ 1119 — Application for certificate of title by agent

Pennsylvania § 1119

• Jurisdiction: Pennsylvania
• Title 75: VEHICLES
• Part: PART II
• Ch. 11: CERTIFICATE OF TITLE AND SECURITY INTERESTS
• Subch.: CERTIFICATE OF TITLE

Text

(a) Authorization to make application.--

(1) Except as provided in paragraph (2), no person shall make application for a certificate of title when acting for another person unless authorization to make the application is in effect and is verified by oath or affirmation of the other person, made not more than 90 days before the application is received by the department.

(2) The 90-day provision contained in paragraph (1) shall not apply to:

(i) Fleet owners who are lessees of vehicles.

(ii) A wholesale vehicle auction licensed pursuant to the act of December 22, 1983 (P.L.306, No.84), known as the Board of Vehicles Act.

(iii) Blanket powers of attorney issued for general purposes not limited to the sale, purchase or transfer of vehicles.

(iv) If the 90th day occurs during a declaration by the Governor of disaster emergency under 35 Pa.C.S. § 7301(c) (relating to general authority of Governor), a limited power of attorney may be used for the sale, purchase or transfer of manufactured homes during the period of the disaster emergency and for 10 days following the expiration of the disaster emergency.

(b) Certificate not to be assigned in blank.--No person shall make application for, or assign or physically possess, a certificate of title, or direct or allow another person in his employ or control to make application for, or assign or physically possess, a certificate of title, unless the name of the transferee is placed on the assignment of certificate of title simultaneously with the name of the transferor and duly notarized. Wholesale vehicle auctions and vehicle dealers licensed pursuant to the Board of Vehicles Act are exempt from the limitations of this subsection with respect to certificates of title for vehicles that are entrusted to the licensed wholesale vehicle auction for sale or transfer.

(c) Persons authorized to hold certificate.--

(1) No person shall receive, obtain or hold a certificate of title recorded in the name of another person for the other person who is not in the regular employ of, or not a member of the family of, the other person.

(2) The following persons are exempt from the limitations of paragraph (1):

(i) A lienholder who has a valid undischarged lien recorded in the department against the vehicle represented by the certificate of title.

(ii) A vehicle auction, licensed pursuant to the act of December 22, 1983 (P.L.306, No.84), known as the Board of Vehicles Act, when offering vehicles for sale.

(iii) A vehicle dealer, licensed pursuant to the Board of Vehicles Act, offering a vehicle for sale pursuant to a written consignment agreement with the transferor.

(d) Penalty.--Any person violating any of the provisions of this section is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $100.

Legislative History

(May 21, 1992, P.L.244, No.37, eff. 60 days; July 11, 1996, P.L.660, No.115, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. imd.; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; July 14, 2005, P.L.285, No.50, eff. 60 days; July 23, 2020, P.L.644, No.64, eff. imd.) 2020 Amendment.Act 64 added subsec. (a)(2)(iv). 2005 Amendment.Act 50 amended subsecs. (a) and (b). 1998 Amendment.Act 151 amended subsec. (c)(2)(ii) and (iii). 1996 Amendment.Act 115 amended subsec. (c). Cross References.Section 1119 is referred to in section 6308 of this title; section 5601 of Title 20 (Decedents, Estates and Fiduciaries).