2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 77 - Snowmobiles and All-Terrain Vehicles
7712.8 - Perfection of security interest in a snowmobile or ATV.

     § 7712.8.  Perfection of security interest in a snowmobile or
                ATV.
        (a)  Applicability of section.--Except as otherwise provided
     in 13 Pa.C.S. §§ 9311(d) (relating to perfection of security
     interests in property subject to certain statutes, regulations
     and treaties), 9315(c) and (d) (relating to secured party's
     rights on disposition of collateral and in proceeds) and 9316(d)
     and (e) (relating to continued perfection of security interest
     following change in governing law), this section provides the
     exclusive method of perfecting a security interest in a
     snowmobile or ATV for which a certificate of title is required
     under this subchapter.
        (b)  Snowmobiles or ATV's without Pennsylvania certificate of
     title.--If an owner creates a security interest in a snowmobile
     or ATV for which a certificate of title has not been issued by
     the department, the owner shall, at the request of the secured
     party, promptly execute an application for a certificate of
     title on a form prescribed by the department showing the name
     and address of the secured party. The owner shall tender the
     application, the existing certificate of title, if any, and the
     required fee to the department. A security interest in a
     snowmobile or ATV is perfected at the time that such
     application, existing certificate of title, if any, and required
     fee are received by the department.
        (c)  Snowmobiles or ATV's with Pennsylvania certificate of
     title.--If an owner creates a security interest in a snowmobile
     or ATV for which a certificate of title has been issued by the
     department, the owner shall, at the request of the secured
     party, promptly execute an application on a form prescribed by
     the department showing the name and address of the secured
     party. The owner shall tender the certificate of title, together
     with the application and the required fee, to the department. A
     security interest in a snowmobile or ATV is perfected at the
     time such application, certificate of title and required fee are
     received by the department.
        (d)  Certificate of title in possession of secured party.--
     Upon request of the owner or a subordinate secured party, a
     secured party in possession of the certificate of title shall
     mail or deliver the certificate to the department or, upon
     receipt from the subordinate secured party of the application of
     the owner and the required fee, shall mail or deliver them to
     the department with the certificate of title. The delivery of
     the certificate to the department does not affect the rights of
     the first secured party under his security agreement.
        (e)  Indorsement and delivery of certificate of title.--Upon
     receipt of the application, existing certificate of title, if
     any, and required fee, the department shall indorse on the
     existing certificate of title or the new certificate that it
     issues the names and addresses of all secured parties and shall
     mail the certificate of title to the first secured party named
     in the certificate.
     (June 8, 2001, P.L.123, No.18, eff. July 1, 2001; June 25, 2001,
     P.L.701, No.68, eff. 120 days)

        2001 Amendments.  Act 18 added section 7712.8 and Act 68
     amended the entire section.

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