Title 67—TRANSPORTATION DEPARTMENT OF TRANSPORTATION [ 67 PA. CODE CH. 23 ] Delivery of Certificates of Title [43 Pa.B. 6892]
[Saturday, November 23, 2013]The Department of Transportation (Department), under the authority in 75 Pa.C.S. §§ 1107, 1151.1 and 6103 (relating to delivery of certificate of title; program; and promulgation of rules and regulations by department), amends Chapter 23 (relating to delivery of certificates of title) to read as set forth in Annex A.
Purpose of this Chapter
The purpose of Chapter 23 is to specify the manner of delivery of encumbered certificates of title and certificates of title which are issued by the Department free of a lien or encumbrance, as provided by 75 Pa.C.S. § 1107.
Purpose of this Final-Form Rulemaking
The purpose of this final-form rulemaking is to include electronic transmission of certificates of title consistent with the system developed under 75 Pa.C.S. § 1151 (relating to electronic media system for vehicle titles (expired)). The amendments also correct typographical errors.
Summary of Comments
The proposed rulemaking was published at 41 Pa.B. 6088 (November 12, 2011). The proposed rulemaking was submitted to the Independent Regulatory Review Commission (IRRC) and the House and Senate Transportation Committees. Comments or objections were not received from the public, the Committees or IRRC. Consequently, additional changes have not been made to §§ 23.2 and 23.3 (relating to general rule; and exceptions).
Persons and Entities Affected
The final-form rulemaking will affect the Department in the delivery of a certificate of title and a lienholder who may receive an encumbered certificate of title.
Fiscal Impact
Implementation of this final-form rulemaking will not require the expenditure of significant additional funds by the Commonwealth or local municipalities. Minimal additional effort or paperwork will be required to validate the identity of the person performing the verification.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 1, 2011, the Department submitted a copy of the notice of proposed rulemaking, published at 41 Pa.B. 6088, to IRRC and the Chairpersons of the House and Senate Transportation Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on October 9, 2013, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective October 9, 2013.
Sunset Provisions
This final-form rulemaking is effective upon publication. The Department is not establishing a sunset date for these regulations since these regulations are needed to administer provisions required under 75 Pa.C.S. (relating to Vehicle Code). The Department, however, will continue to closely monitor these regulations for their effectiveness.
Contact Person
The contact person for this final-form rulemaking is Penni Bernard, Customer Service Division, 3rd Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104, pbernard@state.pa.us.
Order
The Department of Transportation orders that:
(a) The regulations of the Department, 67 Pa. Code Chapter 23, are amended by amending §§ 23.2 and 23.3 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality and form as required by law.
(c) The Secretary shall certify this Order and Annex A and deposit the same with the Legislative Reference Bureau, as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
BARRY J. SCHOCH, P.E.,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 43 Pa.B. 6988 (November 23, 2013).)
Fiscal Note: Fiscal Note 18-423 remains valid for the final adoption of the subject regulations.
Annex A TITLE 67. TRANSPORTATION PART I. DEPARTMENT OF TRANSPORTATION Subpart A. VEHICLE CODE PROVISIONS ARTICLE II. TITLE CHAPTER 23. DELIVERY OF CERTIFICATES OF TITLE § 23.2. General rule.
(a) Unencumbered titles. Except as provided in § 23.3 (relating to exceptions), the Department of Transportation, upon issuing a certificate of title which is free and clear of a lien or encumbrance, will mail the certificate to the owner named thereon.
(b) Encumbered titles. Every certificate of title issued by the Department of Transportation containing a lienholder or encumbrancer will be either mailed or electronically transmitted to the first named lienholder or encumbrancer.
§ 23.3. Exceptions.
(a) Dealer titles. The Department of Transportation, at its offices, will deliver to a dealer licensed by the State Board of Motor Vehicle Manufacturers, Dealers and Salespersons and other dealers governed by this title, or their authorized representatives, a certificate of title issued in the name of the dealer, if the vehicle is free and clear of a lien or encumbrance. Identification satisfactory to the Department of Transportation will be required of the dealer or its authorized representative prior to delivery of the certificate of title.
(b) Other. The Director of the Bureau of Motor Vehicles or his designees may, at his discretion, deliver a certificate of title, if it is free and clear of a lien or encumbrance, to the owner or a person authorized by the owner showing good cause to be entitled to receive the certificate of title. The discretion shall be reserved for circumstances demonstrating exceptional or unusual need and may include, but not be limited to requests for the title for immediate resale of the vehicle, for shipment of a vehicle overseas, and for use of the title as collateral for a loan after submission to the Department of Transportation for correction of an error. Identification satisfactory to the Department of Transportation shall be required of the owner or the person authorized by the owner prior to delivery of the certificate of title.
[Pa.B. Doc. No. 13-2189. Filed for public inspection November 22, 2013, 9:00 a.m.]
