2013 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 17. CERTIFICATES OF TITLE
CHAPTER 2. GENERAL PROCEDURES FOR OBTAINING CERTIFICATES OF TITLE
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IC 9-17-2
Chapter 2. General Procedures for Obtaining Certificates of
Title
IC 9-17-2-0.5
"Registered importer"
Sec. 0.5. As used in this chapter, "registered importer" means a
person that is:
(1) registered as an importer with the National Highway Traffic
Safety Administration;
(2) a licensed dealer currently in good standing with the state;
and
(3) a validated member of the United States Department of
Homeland Security's Customs-Trade Partnership Against
Terrorism (C-TPAT) administered by the United States
Customs and Border Protection.
As added by P.L.107-2008, SEC.9; P.L.131-2008, SEC.37.
IC 9-17-2-1
Vehicles requiring certificates of title; proof of residency
Sec. 1. (a) This section does not apply to an off-road vehicle that
is at least five (5) model years old.
(b) A person must obtain a certificate of title for all vehicles
owned by the person that:
(1) are subject to the motor vehicle excise tax under IC 6-6-5;
or
(2) are off-road vehicles;
and that will be operated in Indiana.
(c) A person must obtain a certificate of title for all commercial
vehicles owned by the person that:
(1) are subject to the commercial vehicle excise tax under
IC 6-6-5.5;
(2) are not subject to proportional registration under the
International Registration Plan; and
(3) will be operated in Indiana.
(d) A person must obtain a certificate of title for all recreational
vehicles owned by the person that:
(1) are subject to the excise tax imposed under IC 6-6-5.1; and
(2) will be operated in Indiana.
(e) A person must obtain a certificate of title for all vehicles
owned by the person not later than sixty (60) days after becoming an
Indiana resident. Upon request by the bureau, a person must produce
evidence concerning the date on which the person became an Indiana
resident.
As added by P.L.2-1991, SEC.5. Amended by P.L.181-1999, SEC.10;
P.L.219-2005, SEC.4; P.L.131-2008, SEC.38; P.L.125-2012,
SEC.71; P.L.262-2013, SEC.20.
IC 9-17-2-1.5
Title for off-road vehicle; exception
Sec. 1.5. (a) This section does not apply to an off-road vehicle that
is at least five (5) model years old.
(b) A person who purchases an off-road vehicle after December
31, 2005, must obtain a certificate of title for the off-road vehicle
from the bureau.
As added by P.L.219-2005, SEC.5.
IC 9-17-2-2
Application; contents
Sec. 2. (a) A person applying for a certificate of title for a vehicle
must submit an application on a form furnished by the bureau and
provide the following information:
(1) A full description of the vehicle, including the make, model,
and year of manufacture of the vehicle.
(2) A statement of any lien or encumbrance on the vehicle.
(3) The vehicle identification number or special identification
number of the vehicle.
(4) The former title number, if applicable.
(5) The purchase or acquisition date.
(6) The name, residence address and, if different from the
residence address, mailing address, and Social Security number
or federal identification number of the person.
(7) Other information that the bureau requires.
(b) This subsection applies only to an individual who receives an
interest in a vehicle under IC 9-17-3-9. To obtain a certificate of title
for the vehicle, the individual must do the following:
(1) Surrender the certificate of title designating the individual
as a transfer on death beneficiary.
(2) Submit proof of the transferor's death.
(3) Submit an application for a certificate of title on a form
furnished by the bureau that meets the requirements of
subsection (a).
As added by P.L.2-1991, SEC.5. Amended by P.L.83-2008, SEC.3;
P.L.125-2012, SEC.72.
IC 9-17-2-3
Oath and affirmation; signature; transfer statement
Sec. 3. (a) The application described under section 2 of this
chapter must include the following printed statement:
"I swear or affirm that the information I have entered on this
form is correct. I understand that making a false statement on
this form may constitute the crime of perjury.".
(b) The person applying for the certificate of title must sign the
form directly below the printed statement.
As added by P.L.2-1991, SEC.5. Amended by P.L.131-2008, SEC.39;
P.L.125-2012, SEC.73.
IC 9-17-2-4
Certificates of title previously issued; manufacturer's certificate of
origin
Sec. 4. If a certificate of title:
(1) has been previously issued for a vehicle in Indiana, an
application for a certificate of title must be accompanied by the
previously issued certificate of title, unless otherwise provided;
or
(2) has not previously been issued for a vehicle in Indiana, an
application for a certificate of title must be accompanied by a
manufacturer's certificate of origin as provided in IC 9-32-5-3,
unless otherwise provided in this chapter.
As added by P.L.2-1991, SEC.5. Amended by P.L.125-2012, SEC.74;
P.L.92-2013, SEC.39.
IC 9-17-2-5
Out-of-state vehicles brought into Indiana; documents
accompanying application
Sec. 5. If an application for a certificate of title is for a vehicle or
off-road vehicle brought into Indiana from another state, the
application must be accompanied by:
(1) the certificate of title issued for the vehicle or off-road
vehicle by the other state if the other state has a certificate of
title law;
(2) a sworn bill of sale or dealer's invoice fully describing the
vehicle or off-road vehicle and the most recent registration
receipt issued for the vehicle or off-road vehicle if the other
state does not have a certificate of title law; or
(3) other information that the bureau requires, if the other state
does not have a certificate of title or registration law that
pertains to the vehicle or off-road vehicle.
As added by P.L.2-1991, SEC.5. Amended by P.L.219-2005, SEC.6.
IC 9-17-2-6
Vehicles weighing 16,000 pounds or less; odometer reading; false
information; bureau immunity
Sec. 6. (a) This section does not apply to a motor vehicle
requiring a certificate of title under section 1(b)(2) or 1.5 of this
chapter.
(b) A certificate of title issued for a vehicle that is required to be
registered under this title at a declared gross weight of sixteen
thousand (16,000) pounds or less must contain the odometer reading
of the vehicle in miles or kilometers as of the date of sale or transfer
of the vehicle.
(c) A person may not knowingly furnish to the bureau odometer
information that does not accurately indicate the total recorded miles
or kilometers on the vehicle.
(d) The bureau and its license branches are not subject to a
criminal or civil action by a person for an invalid odometer reading
on a certificate of title.
As added by P.L.2-1991, SEC.5. Amended by P.L.95-1997, SEC.1;
P.L.219-2005, SEC.7.
IC 9-17-2-7
Evidence of title; retention by bureau
Sec. 7. The bureau shall retain the evidence of title presented by
a person upon which the Indiana certificate of title is issued in
accordance with applicable document and record retention
requirements.
As added by P.L.2-1991, SEC.5. Amended by P.L.125-2012, SEC.75.
IC 9-17-2-8
Review of application by bureau; reasonable diligence
Sec. 8. The bureau shall use reasonable diligence in determining
if the facts stated in an application for a certificate of title are true.
As added by P.L.2-1991, SEC.5.
IC 9-17-2-9
Registration; application; transfer of current registration
Sec. 9. (a) This section does not apply to a vehicle requiring a
certificate of title under this chapter but that is not required to be
registered under IC 9-18.
(b) A person applying for a certificate of title must:
(1) apply for registration of the vehicle described in the
application for the certificate of title; or
(2) transfer the current registration of the vehicle owned or
previously owned by the person.
As added by P.L.2-1991, SEC.5. Amended by P.L.219-2005, SEC.8;
P.L.1-2007, SEC.82; P.L.125-2012, SEC.76; P.L.262-2013, SEC.21.
IC 9-17-2-10
Issuance of certificate; conditions
Sec. 10. If the bureau is satisfied that the person applying for a
certificate of title is the owner of the vehicle, the bureau may issue
a certificate of title for the vehicle.
As added by P.L.2-1991, SEC.5. Amended by P.L.125-2012, SEC.77.
IC 9-17-2-11
Delivery of certificate; lien or encumbrance
Sec. 11. (a) The bureau shall deliver a certificate of title to the
person who owns the vehicle if no lien or encumbrance appears on
the certificate of title.
(b) If a lien or an encumbrance appears on the vehicle, the bureau
shall deliver the certificate of title to the person who holds the lien
or encumbrance set forth in the application for the certificate of title.
As added by P.L.2-1991, SEC.5. Amended by P.L.125-2012, SEC.78.
IC 9-17-2-12
Inspection of vehicle
Sec. 12. (a) As used in this section, "dealer" refers to a dealer that
has:
(1) been in business for not less than five (5) years; and
(2) sold not less than one hundred fifty (150) motor vehicles
during the preceding calendar year.
(b) This section does not apply to the following:
(1) A new motor vehicle or recreational vehicle sold by a dealer
licensed by the state.
(2) A motor vehicle or recreational vehicle transferred or
assigned on a certificate of title issued by the bureau.
(3) A motor vehicle that is registered under the International
Registration Plan.
(4) A motor vehicle that is titled in the name of a financial
institution, lending institution, or insurance company in Canada
and imported by a registered importer, if:
(A) the registered importer complies with section 12.5(a) of
this chapter; and
(B) section 12.5(d) of this chapter does not apply to the
motor vehicle.
(5) A motor vehicle that is titled in another state and is in the
lawful possession of a financial institution, a lending institution,
or an insurance company, if:
(A) the financial institution, lending institution, or insurance
company complies with section 12.5(b) of this chapter; and
(B) section 12.5(d) of this chapter does not apply to the
motor vehicle.
(c) Subject to subsection (e), an application for a certificate of
title for a motor vehicle or recreational vehicle may not be accepted
by the bureau unless the motor vehicle or recreational vehicle has
been inspected by one (1) of the following:
(1) An employee of a dealer designated by the secretary of state
to perform an inspection.
(2) A military police officer assigned to a military post in
Indiana.
(3) A police officer.
(4) A designated employee of the bureau.
(5) An employee of a qualified person operating under a
contract with the commission under IC 9-16-1-4 for operation
of a full service license branch.
(6) An employee of a qualified person operating under a
contract with the commission under IC 9-16-1-4.5 for operation
of a partial service license branch.
(d) A person described in subsection (c) inspecting a motor
vehicle, semitrailer, or recreational vehicle shall do the following:
(1) Make a record of inspection upon the application form
prepared by the bureau.
(2) Verify the facts set out in the application.
(e) The bureau may accept an inspection performed by a police
officer from a jurisdiction outside Indiana if the bureau determines
that an inspection performed by an individual described in subsection
(c) is unavailable or otherwise insufficient to complete an application
for a certificate of title.
As added by P.L.2-1991, SEC.5. Amended by P.L.81-1991, SEC.4;
P.L.117-1993, SEC.1; P.L.113-1995, SEC.1; P.L.2-1996, SEC.222;
P.L.106-2008, SEC.3; P.L.107-2008, SEC.10; P.L.131-2008,
SEC.40; P.L.1-2009, SEC.78; P.L.109-2011, SEC.2; P.L.262-2013,
SEC.22.
IC 9-17-2-12.5
Documentation required for issuance of certificate of title without
inspection
Sec. 12.5. (a) Except as provided in subsection (d), the bureau
may accept an application for a certificate of title for a motor vehicle
that is titled in the name of a financial institution, a lending
institution, or an insurance company in Canada and imported by a
registered importer without requiring an inspection under section
12(c) of this chapter if the registered importer presents the bureau
with the following documentation relating to the motor vehicle:
(1) A copy of the registered importer's validation agreement
issued by the United States Customs and Border Protection
(CBP).
(2) A copy of the entry summary issued by the United States
Customs and Border Protection (CBP Form 7501).
(3) A vehicle history report issued by an independent provider
of vehicle history information that includes:
(A) the vehicle's title information;
(B) the vehicle's odometer readings; and
(C) the number of owners of the vehicle.
(b) Except as provided in subsection (d), the bureau may accept
an application for a certificate of title for a motor vehicle that is titled
in another state and is in the lawful possession of a financial
institution, a lending institution, or an insurance company if the
financial institution, lending institution, or insurance company
presents to the bureau a vehicle history report issued by an
independent provider of vehicle history information that includes:
(1) the motor vehicle's title information;
(2) the motor vehicle's odometer readings; and
(3) the number of owners of the motor vehicle.
(c) A:
(1) registered importer; or
(2) financial institution, a lending institution, or an insurance
company;
must maintain a copy of all documentation required by this section
for at least ten (10) years.
(d) An inspection of a motor vehicle described in subsection (a)
or (b) is required under section 12(c) of this chapter if:
(1) the registered importer; or
(2) the financial institution, lending institution, or insurance
company;
is unable to provide the bureau with the documentation required by
this section.
As added by P.L.107-2008, SEC.11; P.L.131-2008, SEC.41.
IC 9-17-2-13
Operation of motor vehicle; requirements; out-of-state vehicles;
violation
Sec. 13. (a) Except as provided in subsection (b), a person may
not operate or permit to be operated upon the highways a motor
vehicle, semitrailer, or recreational vehicle under an Indiana
registration number unless a certificate of title has been issued under
this chapter for the motor vehicle, semitrailer, or recreational vehicle.
(b) A person may operate a motor vehicle, semitrailer, or
recreational vehicle upon highways without an Indiana certificate of
title if the motor vehicle, semitrailer, or recreational vehicle:
(1) is:
(A) fully titled and registered in another state; and
(B) operating under an Indiana trip permit or temporary
registration; or
(2) is registered under apportioned registration of the
International Registration Plan and based in a state other than
Indiana.
(c) A person who owns a motor vehicle, semitrailer, or
recreational vehicle may declare Indiana as the person's base without
obtaining an Indiana certificate of title if:
(1) the person's state of residence is not a member of the
International Registration Plan; and
(2) the person presents satisfactory proof of ownership from the
resident state.
As added by P.L.2-1991, SEC.5.
IC 9-17-2-14
Violation of chapter; Class C infraction; Class B infraction
Sec. 14. (a) Except as provided in:
(1) subsection (b);
(2) section 15 of this chapter; and
(3) section 16 of this chapter;
a person who violates this chapter commits a Class C infraction.
(b) A person who violates section 6 of this chapter commits a
Class B infraction.
As added by P.L.2-1991, SEC.5.
IC 9-17-2-15
Sale, purchase, or possession of certificate not issued by bureau;
Class C misdemeanor
Sec. 15. A person who knowingly sells, offers to sell, buys,
possesses, or offers as genuine a certificate of title for a motor
vehicle, semitrailer, or recreational vehicle that is required to be
issued by the bureau and has not been issued by the:
(1) bureau under this article; or
(2) appropriate governmental authority of another state;
commits a Class C misdemeanor.
As added by P.L.2-1991, SEC.5.
IC 9-17-2-16
Counterfeits and false reproductions; Class B misdemeanor;
suspension of license
Sec. 16. (a) A person who counterfeits or falsely reproduces a
certificate of title for a motor vehicle, semitrailer, or recreational
vehicle with intent to:
(1) use the certificate of title; or
(2) permit another person to use the certificate of title;
commits a Class B misdemeanor.
(b) The bureau shall suspend the driver's license or permit of a
person who uses or possesses a certificate of title described under
subsection (a) for ninety (90) days. This mandatory suspension is in
addition to sanctions provided in IC 9-30-4-9.
As added by P.L.2-1991, SEC.5.
IC 9-17-2-17
Off-road vehicle; registration required with department of natural
resources
Sec. 17. A certificate of title issued under this chapter does not
relieve an owner of an off-road vehicle from any registration
requirement for the off-road vehicle under IC 14-16-1.
As added by P.L.219-2005, SEC.9.
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