2013 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 17. CERTIFICATES OF TITLE
CHAPTER 3. EXPIRATION, REPLACEMENT, AND TRANSFER OF CERTIFICATES OF TITLE
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IC 9-17-3
Chapter 3. Expiration, Replacement, and Transfer of
Certificates of Title
IC 9-17-3-0.5
"Third party"
Sec. 0.5. As used in this chapter, "third party" means a person
having possession of a certificate of title for a:
(1) motor vehicle;
(2) semitrailer; or
(3) recreational vehicle;
because the person has a lien or an encumbrance indicated on the
certificate of title.
As added by P.L.268-2003, SEC.7.
IC 9-17-3-1
Validity of title; renewal
Sec. 1. (a) A certificate of title is valid for as long as the vehicle
for which the certificate of title has been issued is owned or held by
the person who originally held the certificate of title.
(b) A certificate of title does not have to be renewed except as
otherwise provided.
As added by P.L.2-1991, SEC.5.
IC 9-17-3-2
Loss, theft, mutilation, or destruction; application for duplicate
certificate of title; requirements
Sec. 2. (a) If a certificate of title:
(1) is lost or stolen;
(2) is mutilated;
(3) is destroyed; or
(4) becomes illegible;
the person who owns the vehicle or the legal representative or legal
successor in interest of the person who owns the vehicle for which
the certificate of title was issued, as shown by the records of the
bureau, shall immediately apply for and may obtain a duplicate
certificate of title.
(b) To obtain a duplicate certificate of title under subsection (a),
a person must:
(1) furnish information satisfactory to the bureau concerning the
loss, theft, mutilation, destruction, or illegibility of the
certificate of title; and
(2) pay the fee provided under IC 9-29.
(c) The word "duplicate" shall be printed or stamped in ink on the
face of a certificate of title issued under this section.
(d) When a duplicate certificate of title is issued, the previous
certificate of title becomes void.
As added by P.L.2-1991, SEC.5. Amended by P.L.125-2012, SEC.79.
IC 9-17-3-3
Repealed
(Repealed by P.L.92-2013, SEC.40.)
IC 9-17-3-3.1
Repealed
(Repealed by P.L.92-2013, SEC.41.)
IC 9-17-3-3.2 Version a
Transfer statement language for certificate of title applications
Note: This version of section effective until 7-1-2014. See also
following version of this section, effective 7-1-2014.
Sec. 3.2. (a) When a certificate of title is available and a vehicle
is sold or transferred to a person other than a dealer licensed in
Indiana, the seller or transferor shall fill in all blanks on the
certificate of title relating to buyer information, including the sale
price.
(b) The knowing or intentional failure of the seller or transferor
to fill in all buyer information is a Class A misdemeanor for the first
offense and a Class D felony for the second or subsequent offense
under IC 9-17-3-7(c)(2).
As added by P.L.131-2008, SEC.44. Amended by P.L.125-2012,
SEC.80.
IC 9-17-3-3.2 Version b
Transfer statement language for certificate of title applications
Note: This version of section effective 7-1-2014. See also
preceding version of this section, effective until 7-1-2014.
Sec. 3.2. (a) When a certificate of title is available and a vehicle
is sold or transferred to a person other than a dealer licensed in
Indiana, the seller or transferor shall fill in all blanks on the
certificate of title relating to buyer information, including the sale
price.
(b) The knowing or intentional failure of the seller or transferor
to fill in all buyer information is a Class A misdemeanor for the first
offense and a Level 6 felony for the second or subsequent offense
under section 7(c)(2) of this chapter.
As added by P.L.131-2008, SEC.44. Amended by P.L.125-2012,
SEC.80; P.L.158-2013, SEC.137.
IC 9-17-3-3.4
Sale or transfer of ownership of vehicle; requirements to transfer
certificate of title
Sec. 3.4 (a) If a vehicle for which a certificate of title has been
issued is sold or if the ownership of the vehicle is transferred in any
manner other than by a transfer on death conveyance under section
9 of this chapter, the person who holds the certificate of title must do
the following:
(1) Endorse on the certificate of title an assignment of the
certificate of title with warranty of title, in a form printed on the
certificate of title, with a statement describing all liens or
encumbrances on the vehicle.
(2) Deliver the certificate of title to the purchaser or transferee
at the time of the sale or delivery to the purchaser or transferee
of the vehicle, if the purchaser or transferee has made all agreed
upon initial payments for the vehicle, including delivery of a
trade-in vehicle without hidden or undisclosed statutory liens.
(3) Unless the vehicle is being sold or transferred to a dealer
licensed under IC 9-32, complete all information concerning the
purchase on the certificate of title, including, but not limited to:
(A) the name and address of the purchaser; and
(B) the sale price of the vehicle.
(b) If a vehicle for which a certificate of title has been issued by
another state is sold or delivered, the person selling or delivering the
vehicle must deliver to the purchaser or receiver of the vehicle a
proper certificate of title with an assignment of the certificate of title
in a form prescribed by the bureau.
(c) The original certificate of title and all assignments and
subsequent reissues of the certificate of title shall be retained by the
bureau and appropriately classified and indexed in the most
convenient manner to trace title to the vehicle described in the
certificate of title.
As added by P.L.262-2013, SEC.23.
IC 9-17-3-3.5
Buyback vehicles; certificate of title
Sec. 3.5. (a) This section applies to a vehicle for which a
certificate of title is required to be obtained under IC 24-5-13.5-12.
(b) The bureau shall do the following:
(1) For a subsequent request for a new certificate of title for a
buyback vehicle, whether titled in Indiana or any other state,
cause the words "Manufacturer Buyback ) Disclosure on File"
to appear on the face of the new certificate of title.
(2) Maintain a listing of all reported buyback vehicles in
accordance with this section, maintain a record of the disclosure
document required by IC 24-5-13.5-10(3), and allow access to
the listing and disclosure document upon written application.
As added by P.L.65-1992, SEC.2. Amended by P.L.1-1993, SEC.53;
P.L.118-1993, SEC.1; P.L.1-1994, SEC.39.
IC 9-17-3-4
Members of armed forces; transfer of title; procedure
Sec. 4. (a) A certificate of title for a vehicle held by an Indiana
resident who is serving in the armed forces of the United States may
be transferred by the Indiana resident to another person if the
resident authorizes the transfer by a letter signed by the Indiana
resident. The letter must be accompanied by proof that the Indiana
resident is actively serving in the armed forces of the United States
and is outside Indiana.
(b) When the bureau receives the letter and proof described in
subsection (a), the bureau may make the transfer to the person named
in the letter.
(c) Whenever a transfer described in subsection (a) is made, the
letter:
(1) must be attached to the certificate of title being transferred;
and
(2) becomes a permanent record of the bureau.
(d) The bureau shall use reasonable diligence in determining if the
signature of the person who signed the letter described in subsection
(a) authorizing the transfer is the signature of the person.
(e) If the bureau is satisfied that the signature is the signature of
the person who owns the vehicle described in the certificate of title,
the bureau shall issue an appropriate certificate of title over the
signature of the bureau and sealed with the seal of the bureau to the
person named in the letter.
As added by P.L.2-1991, SEC.5. Amended by P.L.125-2012, SEC.81;
P.L.262-2013, SEC.24.
IC 9-17-3-5
Sale of vehicle under order of court or statutory provision;
application for certificate; evidence of ownership
Sec. 5. (a) Whenever a vehicle for which a certificate of title is
required by this article is sold under:
(1) an order or a process of an Indiana court; or
(2) any provision of an Indiana statute;
the person who purchases the vehicle may obtain a certificate of title
for the vehicle by filing an application for the certificate of title with
the bureau and attaching to the application written evidence showing
the order, process, or statute under which the person obtained
ownership of the vehicle.
(b) The bureau shall use due diligence to ascertain that the sale
was in conformity with the order, process, or statute under which the
sale occurred and, if the bureau is satisfied, the bureau shall issue a
certificate of title to the person who obtained or purchased the
vehicle.
(c) An order or a process of an Indiana court described in
subsection (a) must include the:
(1) year of manufacture of;
(2) make and model of;
(3) vehicle identification number of; and
(4) name and address of the person who is entitled to;
the vehicle.
As added by P.L.2-1991, SEC.5. Amended by P.L.125-2012, SEC.82.
IC 9-17-3-6
Surrender of title under laws of another state or country;
cancellation of certificate
Sec. 6. (a) Except as provided in subsection (b), if the bureau
receives notification from another state or a foreign country that a
certificate of title for a vehicle that was issued by the bureau has
been surrendered by the person who owns the vehicle in conformity
with the laws of the other state or country, the bureau may cancel the
record of certificate of title in Indiana.
(b) The bureau must retain information necessary to comply with
section 8 of this chapter.
As added by P.L.2-1991, SEC.5. Amended by P.L.61-1998, SEC.1;
P.L.125-2012, SEC.83.
IC 9-17-3-7 Version a
Violation of chapter; Class C infraction
Note: This version of section amended by P.L.92-2013, SEC.42.
See also following version of this section amended by P.L.262-2013,
SEC.25 and following version of this section amended by
P.L.158-2013, SEC.138, effective 7-1-2014.
Sec. 7. This section does not apply to section 5 of this chapter. A
person who violates this chapter commits a Class C infraction.
As added by P.L.2-1991, SEC.5. Amended by P.L.131-2008, SEC.45;
P.L.92-2013, SEC.42.
IC 9-17-3-7 Version b
Violation of chapter; penalties
Note: This version of section amended by P.L.262-2013, SEC.25.
See also preceding version of this section amended by P.L.92-2013,
SEC.42 and following version of this section amended by
P.L.158-2013, SEC.138, effective 7-1-2014.
Sec. 7. (a) This section does not apply to section 5 of this chapter.
(b) Except as provided in subsection (c), a person who violates
this chapter commits a Class C infraction.
(c) A person who knowingly or intentionally violates:
(1) section 3.4(a)(1) or 3.4(a)(2) of this chapter commits a Class
B misdemeanor; or
(2) section 3.4(a)(3) of this chapter commits:
(A) a Class A misdemeanor for the first violation; or
(B) a Class D felony for the second violation or any
subsequent violation.
As added by P.L.2-1991, SEC.5. Amended by P.L.131-2008, SEC.45;
P.L.262-2013, SEC.25.
IC 9-17-3-7 Version c
Violation of chapter; penalties
Note: This version of section amended by P.L.158-2013, SEC.138,
effective 7-1-2014. See also preceding version of this section
amended by P.L.92-2013, SEC.42 and preceding version of this
section amended by P.L.262-2013, SEC.25.
Sec. 7. (a) This section does not apply to section 5 of this chapter.
(b) Except as provided in subsection (c), a person who violates
this chapter commits a Class C infraction.
(c) A person who knowingly or intentionally violates:
(1) section 3(a)(1), 3(a)(2), 3(a)(4), or 3(a)(5) of this chapter
commits a Class B misdemeanor; or
(2) section 3(a)(3) of this chapter commits:
(A) a Class A misdemeanor for the first violation; or
(B) a Level 6 felony for the second violation or any
subsequent violation.
As added by P.L.2-1991, SEC.5. Amended by P.L.131-2008, SEC.45;
P.L.158-2013, SEC.138.
IC 9-17-3-8
Adoption of rules to enable motor vehicle owners to determine
prior titling
Sec. 8. The bureau shall:
(1) enable the owner of a motor vehicle titled in Indiana to
determine:
(A) whether that motor vehicle has previously been titled in
Indiana; and
(B) if the motor vehicle has previously been titled in Indiana,
whether the title was issued as a salvage title under
IC 9-22-3; and
(2) impose a service charge under IC 9-29 for services
performed by the bureau under this section.
As added by P.L.61-1998, SEC.2. Amended by P.L.125-2012,
SEC.84; P.L.262-2013, SEC.26.
IC 9-17-3-9
Transfer on death conveyance; requirements
Sec. 9. (a) The owner or owners of a vehicle may create an
interest in the vehicle that is transferrable on the death of the owner
or owners by obtaining a certificate of title conveying the interest in
the vehicle to one (1) or more named individuals as transfer on death
beneficiaries.
(b) Subject to subsection (e), an interest in a vehicle transferred
under this section vests upon the death of the owner or owners.
(c) A certificate of title that is:
(1) worded in substance as "A.B. transfers on death to C.D." or
"A.B. and C.D. transfer on death to E.F."; and
(2) signed by the owner or owners;
is a good and sufficient conveyance on the death of the owner or
owners to the transferee or transferees.
(d) A certificate of title obtained under this section is not required
to be:
(1) supported by consideration; or
(2) delivered to the named transfer on death beneficiary or
beneficiaries;
to be effective.
(e) Upon the death of the owner or owners conveying an interest
in a vehicle in a certificate of title obtained under this section, the
interest in the vehicle is transferred to each beneficiary who is
described by either of the following:
(1) The beneficiary:
(A) is named in the certificate; and
(B) survives the transferor.
(2) The beneficiary:
(A) survives the transferor; and
(B) is entitled to an interest in the vehicle under
IC 32-17-14-22 following the death of a beneficiary who:
(i) is named in the certificate; and
(ii) did not survive the transferor.
(f) A transfer of an interest in a vehicle under this section is
subject to IC 6-4.1.
(g) A certificate of title designating a transfer on death beneficiary
is not testamentary.
(h) In general, IC 32-17-14 applies to a certificate of title
designating a transfer on death beneficiary. However, a particular
provision of IC 32-17-14 does not apply if it is inconsistent with the
requirements of this section or IC 9-17-2-2(b).
As added by P.L.83-2008, SEC.5. Amended by P.L.143-2009, SEC.3;
P.L.6-2010, SEC.4; P.L.36-2011, SEC.1.
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