2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 77 - Snowmobiles and All-Terrain Vehicles
7712.1 - Certificate of title for snowmobile or ATV.

     § 7712.1.  Certificate of title for snowmobile or ATV.
        (a)  General rule.--Except as otherwise provided in
     subsection (b), an owner of a snowmobile or ATV which is in this
     Commonwealth and for which no certificate of title has been
     issued shall apply to the department for a certificate of title.
        (b)  Exemptions from titling.--No certificate of title is
     required for:
            (1)  A snowmobile or ATV that was registered prior to the
        effective date of this section.
            (2)  A snowmobile or ATV owned by the United States
        unless a general registration certificate has been issued
        therefor.
            (3)  A new snowmobile or ATV owned by a dealer before and
        until sale.
            (4)  A snowmobile or ATV owned by a nonresident of this
        Commonwealth and not required by law to be registered in this
        Commonwealth.
            (5)  A snowmobile or ATV owned by a resident of this
        Commonwealth and required by law to be registered in another
        state, based and used principally outside of this
        Commonwealth and not required by law to be registered in this
        Commonwealth.
        (c)  Contents of application.--Application for a certificate
     of title shall be made upon a form prescribed and furnished by
     the department and shall contain a full description of the
     snowmobile or ATV, date of purchase, the name and address of the
     owner, a statement of the title of applicant, together with any
     other information or documents the department requires to
     identify the snowmobile or ATV and to enable the department to
     determine whether the owner is entitled to a certificate of
     title.
        (d)  Signing and filing of application.--Application for a
     certificate of title shall be made within 15 days of the sale or
     transfer of a snowmobile or ATV or its entry into this
     Commonwealth from another jurisdiction, whichever is later. The
     application shall be accompanied by the required fee and any tax
     payable by the applicant under the laws of this Commonwealth in
     connection with the acquisition or use of a snowmobile or ATV or
     evidence to show that the tax has been paid or collected. The
     application shall be signed and verified by oath or affirmation
     by the applicant if a natural person; in the case of an
     association or partnership, by a member or a partner; and in the
     case of a corporation, by an executive officer or person
     specifically authorized by the corporation to sign the
     application.
        (e)  ATV's purchased from dealers or manufacturers.--(Deleted
     by amendment).
        (f)  ATV's not requiring certificate of title.--(Deleted by
     amendment).
        (g)  Registration without certificate of title prohibited.--
     Except as provided in subsection (b), the department shall not
     issue a registration certificate or limited registration
     certificate for a snowmobile or ATV unless a certificate of
     title has been issued by the department to the owner or an
     application for a certificate of title has been delivered by the
     owner to the department.
        (h)  Refusing issuance of certificate of title.--The
     department may refuse issuance of a certificate of title if it
     has reasonable grounds to believe any one of the following:
            (1)  A required fee has not been paid.
            (2)  Any taxes payable under the laws of this
        Commonwealth on or in connection with, or resulting from the
        acquisition or use of, the snowmobile or ATV have not been
        paid.
            (3)  The applicant is not the owner of the snowmobile or
        ATV.
            (4)  The application contains a false or fraudulent
        statement.
            (5)  The applicant has failed to furnish required
        information or documents or any additional information the
        department reasonably requires.
        (i)  Suspension and cancellation of certificate of title.--
     (Deleted by amendment).
        (j)  Transfer of ownership of snowmobile or ATV.--
            (1)  Upon the sale or transfer of ownership of a
        snowmobile or ATV within this Commonwealth, the owner shall
        execute an assignment and warranty of title to the transferee
        in the space provided on the certificate of title or as the
        department prescribes, sworn to before a notary public or
        other officer empowered to administer oaths, and deliver the
        certificate to the transferee at the time of the delivery of
        the snowmobile or ATV.
            (2)  Except as otherwise provided in section 7715.1
        (relating to snowmobile or ATV purchased from dealer), the
        transferee shall, within 15 days of the assignment of the
        certificate of title, apply for a new title by forwarding to
        the department the certificate of title executed as required
        by paragraph (1), a properly completed application for
        certificate of title, sworn to before a notary public or
        other officer empowered to administer oaths, and such other
        forms as the department may require.
        (k)  Penalty.--A person who violates subsection (a) commits a
     summary offense and shall, upon conviction, be sentenced:
            (1)  For a first offense, to pay a fine of $100 and costs
        of prosecution.
            (2)  For a subsequent offense, to pay a fine of not less
        than $300 nor more than $1,000 and costs of prosecution.
     (Dec. 12, 1986, P.L.1562, No.170, eff. 60 days; June 25, 2001,
     P.L.701, No.68, eff. 120 days)

        Cross References.  Section 7712.1 is referred to in section
     7712.2 of this title.