CHAPTER 53

FORMERLY

SENATE BILL NO. 44

AN ACT TO AMEND CHAPTER 25 AND CHAPTER 67, TITLE 21, OF THE DELAWARE CODE RELATING TO THE TRANSFER AND SELLING OF SALVAGES OR TOTAL LOSS MOTOR VEHICLES AND RELATING TO THE RESPONSIBILITY OF THE VEHICLE OWNERS.

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 Section §2505, Chapter 25, Title 21, of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§2505. Transfer for Wrecking or Dismantling; Duties of Transferee.

(a) 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 purpose of wrecking or dismantling it in order to resell the parts thereof, such person shall immediately send or deliver the certificate of title of the vehicle to the Department. Upon receipt of the certificate of title and upon payment of title fee, the Department shall issue a salvage certificate. Such salvage certificate shall be deemed to meet all State proof of ownership, 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 person or location, it shall be noted by the owner in the record, and the salvage certificate shall be transferred and kept at the same location as the vehicle. The owner or his agent shall keep the salvage certificate in an accessible place and shall make the same available for inspection and examination by any police officer during the regular working hours of such business.

(b) 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 (3) years from the date of such transfer.

(c) Any person who fails, neglects or refuses to maintain the records and information required by this Section, or who shall refuse to permit the examination of the 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, Title 11, of this Code and shall be subject to the penalties proscribed therein."

Section 2. Amend Section §2512, Chapter 25, Title 21, of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§2512. Responsibilities of Vehicle Owners Regarding the Requirement of Obtaining a Salvage Certificate for Certain Motor Vehicles

(a) Whenever any registered or unregistered motor vehicle, for which a title has been issued by the Department, is transferred as salvage as a result of a total loss insurance settlement, the insurance company or its authorized agent shall send the certificate of title of the vehicle to the Department within 30 days from the date of settlement. Upon receipt of the certificate of title and appropriate fee, the Department shall issue a salvage certificate. Such salvage certificate shall be deemed to meet all State proof of ownership.

(b) If a salvaged or junked motor vehicle is sold to a scrap processor and if the vehicle is to be totally destroyed, the salvage dealer or junk dealer shall, within 30 days of said sale, certify on the salvage certificate that the vehicle was sold to be destroyed and list the name of the scrap process or buyer along with the date of sale and that the vehicle no longer exists and forward the salvage certificate to the Department for cancellation.

(c) The Department shall issue to the seller a receipt in the name of the seller, agent or owner for the salvage certificate. The seller or vehicle owner or agent shall keep such records and receipt for a period of three (3) years from the date of sale and shall make such records and receipts available for inspection and examination by any police officer during the regular working hours of such business seller or agent.

(d) Any person who fails, neglects and refuses to maintain the records and information required by this section, or who shall refuse to permit the examination of the 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 the Laws of the State of Delaware and shall be subject to the penalties proscribed therein."

Section 3. Amend Section §6715, Chapter 67, Title 21, of the Delaware Code by striking said section in its entirety.

Approved June 25, 1981.