CHAPTER 541

FORMERLY

HOUSE BILL NO. 918

AS AMENDED BY HOUSE AMENDMENTS NO. 1 AND 2

AND SENATE AMENDMENT NO. 1

TO HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 25, TITLE 21 OF THE DELAWARE CODE RELATING TO TRANSFER OF MOTOR VEHICLE TITLE, REGISTRATION AND PROVIDING FOR THE FORWARDING OF CERTAIN DOCUMENTS TO THE MOTOR VEHICLE DIVISION WHEN VEHICLE IS SCRAPPED, DISMANTLED, OR OTHERWISE DESTROYED BY THE OWNER OR IS STOLEN.

Be it enacted by the General Assembly of the State of Delaware (Two-thirds of all members elected to each branch thereof concurring therein):

Section 1. Amend Chapter 25, Title 21 of the Delaware Code, by adding a new Section 2512 to read as follows:

§2512. Responsibilities of vehicle owner when vehicle is scrapped or dismantled beyond repair

Whenever any motor vehicle for which a title has been issued by the Department, whether such vehicle is registered or unregistered, is scrapped, permanently dismantled, damaged or destroyed beyond repair or otherwise made permanently unusable as a motor vehicle, the owner thereof, within 30 days, in addition to complying with all the other provisions of this chapter, shall remove the serial number plates, and if the vehicle is registered, the registration plates, and shall immediately give or send such plates to the Department or an authorized representative thereof and shall cause the certificate of title to be mailed or delivered to the Department for cancellation.

The Department shall upon receipt of the certificate of title, issue and send to the owner a non-negotiable receipt for the vehicle described and the certificate of title. Such non-negotiable receipt shall be deemed to meet all State proofs of ownership requirements.

Section 2. Amend Chapter 25, Title 21 of the Delaware Code, by adding thereto a new section designated as Section 2513 to read as follows:

§2513. Duty of owner or holder of certificate of title in reference to stolen vehicles

Whenever any motor vehicle for which a title has been issued by the Department, whether such vehicle is registered or unregistered, is stolen the owner or holder of the certificate of title shall, within 30 days of such theft, in addition to complying with all the other provisions of this chapter, send the certificate of title of the stolen vehicle to the Department or an authorized representative thereof. If the stolen vehicle is recovered after the title has been sent to the Department, the Department shall return the title at no cost to the owner or former holder of the certificate of title within ten (10) days after receiving a request therefor from such owner or former holder.

Section 3. Amend Section 2505, Chapter 25, Title 21, Delaware Code, by striking the first sentence of said section, and inserting in lieu thereof the following new sentence:

"Whenever any person, carrying on the business of wrecking or dismantling motor vehicles for resale of parts thereof, purchases or otherwise acquires any such vehicle, whether registered or unregistered, for the sole purpose of wrecking or dismantling it in order to resell the parts thereof, the owner upon transferring any such vehicle shall, in addition to forwarding to the Department the registration card and certificate of title issued for such vehicle as provided by this chapter, remove the serial number plates, and if the vehicle is registered, the registration plates, therefrom, and shall immediately give or send such plates, certificate of title and registration card to the Department or an authorized representative thereof, together with a report that the transferee of such vehicle acquired it for the sole purpose of wrecking or dismantling such vehicle in order to resell the parts thereof."

Approved July 26, 1974.