CHAPTER 544

FORMERLY

HOUSE BILL NO. 895

AN ACT TO AMEND CHAPTER 67, PART IV, TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE SALVAGE YARDS AND REQUIRING RECORDS TO BE MAINTAINED ON CERTAIN VEHICLES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.

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

Section 1. Amend Chapter 67, Part IV, Title 21 of the Delaware Code, by designating the sections of the present chapter as Subchapter 1 of said chapter, and by adding the following new subchapter:

SUBCHAPTER II. SALVAGE YARDS

§6715. Registration of junked motor vehicles

Every person owning a motor vehicle salvage yard, junkyard or automobile graveyard or his agent, upon acquiring a motor vehicle which is damaged in excess of fifty percent (50%) of its retail value or is partially dismantled or to be dismantled, shall make a complete record of such transfer, clearly identifying the specific vehicle involved. Within ten days after such transfer, the owner or his agent shall present the title and/or proof of ownership to the Motor Vehicle Division and in return shall be given a non-negotiable receipt for the vehicle described. Such non-negotiable receipt shall be deemed to meet all State proof-of-ownership requirements, and shall be kept by the owner at the place of business where the vehicle was placed when originally acquired by the owner. If the vehicle or major part thereof is transferred by the owner or his agent to another location, it shall be noted by the owner in the record, and the non-negotiable receipt shall be transferred and kept at the same location as the vehicle. The owner or his agent shall keep the non-negotiable receipt in an accessible place and shall make same available for inspection and examination by any motor vehicle inspector or police officer. The records and information required by this section shall be maintained by the owner for as long as said vehicle remains in his possession or control; provided, however, that if the owner transfers such vehicle to another person he shall nevertheless keep such records and information for a period of three years from the date of such transfer.

Any person who willfully fails, neglects or refuses to maintain the records and information required by this section, or who shall refuse to permit the examination of records or information by persons permitted by this section to do so shall be guilty of a Class B misdemeanor as the same is defined in Chapter 42 of Title 11 of this Code and shall be sentenced in accordance therewith.

§6716. Rebuilt motor vehicles

If any vehicle being kept in a motor vehicle salvage yard or junkyard is rebuilt and application is made for a negotiable title to the vehicle, said vehicle shall be examined by members of the State Police Auto Theft Unit or by a person designated by the Director of the Division of Motor Vehicles prior to the issuance of any negotiable title to such vehicle.

Approved July 22, 1974.