(a) Odometer mileage statement.--Prior to or simultaneously with the execution of any ownership transfer document relating to a motor vehicle, each transferor of a motor vehicle shall furnish to the transferee a statement signed by the transferor containing the following information:
(1) The odometer reading at the time of transfer.
(2) The date of transfer.
(3) The transferor's name and current address.
(4) The transferee's name and current address.
(5) The identity of the vehicle, including its make, year and body type and its complete vehicle identification number.
(6)
(i) A certification by the transferor that, to the best of his knowledge, the odometer reading reflects the actual miles or kilometers the vehicle has been driven;
(ii) if the transferor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit of 99,999 miles or kilometers, he shall include a statement to that effect; or
(iii) if the transferor knows that the odometer reading differs from the number of miles or kilometers the vehicle has actually traveled and that the difference is greater than that caused by odometer calibration error, he shall include a statement that the odometer reading is not the actual mileage and should not be relied upon. The transferee shall acknowledge receipt of the disclosure statement by signing it.
(b) Prohibitions.--
(1) No transferor shall violate any provision of this section or give a false statement to a transferee in making any disclosure required by this section.
(2) No transferee shall accept any disclosure required by any provision of this section if the disclosure is incomplete.
(c) Auction sales.--With regard to any motor vehicle whose ownership is transferred through a motor vehicle auction sales transaction, the motor vehicle auction company conducting the sale shall receive from the transferor a copy of the odometer mileage statement which the transferor is required by subsection
(a) to provide to the transferee.
(d) Other acceptable disclosure forms.--Either an odometer mileage statement, approved by the United States Secretary of Transportation pursuant to section 1988 of the Motor Vehicle Information and Cost Savings Act (Public Law 92-513, 15 U.S.C. § 1988), or a Pennsylvania ownership transfer document, approved by the department, which includes the odometer disclosure information as prescribed in subsection (a) shall be deemed to satisfy all the requirements for the content and form of odometer mileage statements. Nothing in this subsection shall exempt a dealer or motor vehicle auction company from the provisions of section 7135 (relating to odometer mileage statement retention).
(d.1) Secure power of attorney, licensed dealers.--The department shall permit a licensed dealer to use a secure power of attorney to transfer a vehicle when the certificate of title is encumbered with a lien, the title has been lost by the transferor and the licensed dealer is applying for a duplicate title or the manufacturer certificate of origin for a new vehicle is in possession of the lienholder. Prior to transferring the vehicle, the dealer shall obtain from the transferor a secure power of attorney authorizing the dealer to transfer to the title all information pertaining to odometers that is required to be disclosed by this title and Federal law, in lieu of the transferor providing such information on the certificate of title. In addition to any other documents required by the department, the dealer shall submit to the department the following:
(1) If the transferred vehicle is a retail sale and is to be titled in this Commonwealth, the dealer shall submit the secure power of attorney attached to the application for title, along with the certificate of title and the established fee.
(2) If the transferred vehicle is to be titled outside of this Commonwealth, the dealer shall submit to the department the secure copy of the secure power of attorney attached to a copy of the certificate of title and the established fee.
(3) If the transferred vehicle is to be transferred to another licensed dealer, the first transferor dealer shall submit to the department the secure copy of the secure power of attorney attached to a copy of the certificate of title and the established fee. Additional transfers between licensed dealers shall be permitted in accordance with section 1113 (relating to transfer to or from manufacturer or dealer). No more than one secure power of attorney shall be utilized with the certificate of title during this authorized transfer process. Upon application for certificate of title, the secure power of attorney utilized to verify odometer information when the vehicle was encumbered with a lien shall be submitted with the certificate of title.
(d.2) Secure power of attorney, insurance companies.--The department shall permit an insurer as defined in section 1702 (relating to definitions) to use a secure power of attorney to transfer a salvage vehicle when the certificate of title is encumbered with a lien, when the title has been lost by the transferor and the insurer is applying for a duplicate title or when the manufacturer certificate of origin for a new vehicle is in possession of the lienholder. The power of attorney need not be notarized and may be signed electronically. The insurer is responsible for ensuring the power of attorney complies with the requirements of 15 U.S.C. § 7001 et seq. (relating to electronic signatures in global and national commerce), the requirements of 49 U.S.C. § 32705 (relating to disclosure requirements on transfer of motor vehicles) and any requirements imposed by the Commonwealth. The department may, at its sole discretion, permit the use of a secure power of attorney as described in this subsection for the transfer of other vehicles in addition to salvage vehicles. If the secretary of the United States Department of Transportation promulgates regulations regarding the use of a power of attorney as described in this subsection, those regulations will supersede this subsection in accordance with 49 U.S.C. § 32705(g).
(d.3) Certification.--Nothing in this section shall require the department to certify an electronic signature process or an electronic signature process vendor before accepting a power of attorney that is executed with an electronic signature.
(d.4) Electronic secure power of attorney.--The department may, at its sole discretion, permit the use of a secure power of attorney signed electronically as described in subsection
(d.2) for the transfer of vehicles by licensed dealers.
(e) Exemptions.--A transfer of any of the following types of motor vehicles is exempt from the requirements of this section:
(1) A motor vehicle having a registered gross weight of more than 16,000 pounds.
(2) A motor vehicle 10 years or older.
(3) An implement of husbandry.
(4) Special mobile equipment.
(5) A commercial implement of husbandry.
(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; Dec. 7, 1994, P.L.820, No.115, eff. 60 days; July 23, 2020, P.L.644, No.64, eff. 90 days) 2020 Amendment. Act 64 amended subsecs. (a), (b)(2) and
(d.1) and added subsecs. (d.2), (d.3) and (d.4). 1994 Amendment. Act 115 amended subsec. (d) and added subsec. (d.1). 1992 Amendment. Act 174 amended subsec. (e). Cross References. Section 7134 is referred to in section 7136 of this title.
