(a) General rule.--When any certificate of title has been issued in error to a person not entitled to the certificate or contains incorrect information or information has been omitted from the certificate, the department shall notify in writing the person to whom the certificate has been issued or delivered that the certificate has been recalled. Unless a departmental hearing is requested pursuant to subsection (a.1), such person shall immediately return the certificate of title within ten days, together with any other information necessary for the adjustment of departmental records, and, upon receipt of the certificate, the department shall cancel the certificate and issue a corrected certificate of title.

(a.1) Opportunity for hearing and appeal.--The department's notice of recall shall advise the person to whom the certificate has been issued that said person may request an informal departmental hearing within ten days of the date of said notice if said person wishes to contest the recall. If an informal departmental hearing is requested within ten days, said hearing shall be held within 15 days of said request. If, as a result of the hearing, the department determines that the recall was proper, the person to whom the certificate of title was issued or delivered shall return the certificate of title within ten days of the determination. Such person may appeal the informal departmental determination by requesting, within ten days of the date of the determination, a formal hearing as prescribed by departmental regulations (pertaining to administrative practice and procedure).

(b) Change in material information on certificate.--If any material information on the certificate of title is changed or different from the information originally set forth, the owner shall immediately inform the department and apply for a corrected certificate of title. For the purposes of this subsection, a change of address shall not be deemed material.

(b.1) Change in name on certificate.--Whenever there is a change of name because of marriage or divorce, the owner shall not be required to apply for a corrected certificate of title but shall, in such manner as the department shall prescribe, inform the department of the new name and of the title number of every vehicle titled in the owner's former name. Upon receipt of such information, the department shall correct the vehicle record of the owner to indicate the name change. The department shall not be required to produce a new certificate of title for a name change because of marriage or divorce, unless the owner submits an application for a new certificate of title. In the event that the owner submits an application for a new certificate of title, such owner shall be required to remit the fee set forth in section 1952 (relating to certificate of title) for the issuance of a certificate of title by the department.

(c) Seizure of certificate on conviction.--(Deleted by amendment).

(d) Issuance of corrected certificate after seizure or cancellation.--Upon failure of a person to return a certificate of title as required by the provisions of this section, the department may delegate authority to any department employee or police officer to seize the certificate of title. Upon failure of the department to receive, as required by this section, the certificate of title to which a person is not entitled or which contains incorrect or omitted information, the department may proceed to cancel the certificate of title issued in error and, upon receipt of sufficient evidence that the vehicle is within the possession of the proper owner or lienholder, may issue to the proper owner or lienholder a correct certificate of title.

(e) Penalty.--Any person violating this section shall be guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $300.

(July 2, 1993, P.L.408, No.58, eff. imd.; Feb. 10, 1994, P.L.10, No.2, eff. imd.; Dec. 20, 1995, P.L.669, No.75, eff. 120 days)

1995 Amendment. Act 75 added subsec. (b.1).

1994 Amendment. Act 2 amended subsec. (a).