(a) Applicability of section.--Except as otherwise provided in 13 Pa.C.S. ยงยง 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 effect of 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; June 27, 2013, P.L.154, No.30, eff. July 1, 2013)
2013 Amendment. Act 30 amended subsec. (a).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 77 - Snowmobiles and All-Terrain Vehicles
Section 7701 - Short title of chapter
Section 7703 - Applicability of chapter
Section 7704 - Rules and regulations
Section 7705 - Records and reports
Section 7706 - Restricted accounts
Section 7711 - Registration of dealers
Section 7711.1 - Registration of snowmobile or ATV
Section 7711.2 - Limited registration of snowmobile or ATV
Section 7712.1 - Certificate of title for snowmobile or ATV
Section 7712.2 - Transfer to or from dealer
Section 7712.3 - Transfer of snowmobile or ATV by operation of law
Section 7712.4 - Correction of certificate of title
Section 7712.5 - Issuance of new certificate following transfer
Section 7712.6 - Suspension and cancellation of certificate of title
Section 7712.7 - Application for certificate of title by agent
Section 7712.8 - Perfection of security interest in a snowmobile or ATV
Section 7712.9 - Satisfaction of security interest
Section 7712.10 - Release of security interest
Section 7712.11 - Effectiveness of security interests
Section 7712.12 - Assignment by secured party of security interest
Section 7713 - Certificates of registration and decals (Repealed)
Section 7714 - Exemptions from registration (Repealed)
Section 7715 - Reciprocity (Repealed)
Section 7715.1 - Snowmobile or ATV purchased from dealer
Section 7717 - Snowmobile and ATV Advisory Committee
Section 7718 - Vintage snowmobile permits
Section 7721 - Operation on streets and highways
Section 7722 - Designation of snowmobile and ATV roads
Section 7723 - Special snowmobile and ATV events
Section 7724 - Operation on private or State property
Section 7725 - Operation by persons under age sixteen
Section 7726 - Operation in safe manner
Section 7727 - Additional limitations on operation
Section 7728 - Accidents and accident reports
Section 7729 - Liability of owner for negligence
Section 7730 - Liability insurance
Section 7741 - Head lamps and tail lamps
Section 7743 - Mufflers and sound control
Section 7751 - Enforcement personnel and procedures