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PA Bulletin, Doc. No. 11-1933



[ 67 PA. CODE CH. 23 ]

Delivery of Certificates of Title

[41 Pa.B. 6088]
[Saturday, November 12, 2011]

 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), proposes to amend 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 Proposed Rulemaking

 The purpose of this proposed 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)). These proposed amendments also correct typographical errors.

Summary of Significant Amendments

 Proposed amendments to § 23.2 (relating to general rule) provide that a certificate of title containing a lienholder or encumbrancer may be either mailed or electronically transmitted to the first named lienholder or encumbrancer.

Persons and Entities Affected

 The proposed 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 proposed 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 this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. A copy of this material is available to the public upon request.

 Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.

Sunset Provisions

 The Department will make these amendments effective upon final-form publication following appropriate evaluation of comments, suggestions or objections received during the period allowed for public comment. 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.

Public Comments

 Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Penni Bernard, Customer Service Division, 3rd Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104,

Contact Person

 The contact person for this proposed rulemaking is Penni Bernard, Customer Service Division, 3rd Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104,


Fiscal Note: 18-423. No fiscal impact; (8) recommends adoption.

Annex A






§ 23.2. General rule.

*  *  *  *  *

 (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.

*  *  *  *  *

 (b) Other. The Director of the Bureau of Motor Vehicles or his designees may, at [their] his discretion, deliver a certificate of title, if [its] 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 [shall] 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. 11-1933. Filed for public inspection November 11, 2011, 9:00 a.m.]

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