2013 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 22. ABANDONED, SALVAGED, AND SCRAP VEHICLES
CHAPTER 1. ABANDONED VEHICLES
Download as PDF
<![CDATA[
IC 9-22
ARTICLE 22. ABANDONED, SALVAGED, AND
SCRAP VEHICLES
IC 9-22-1
Chapter 1. Abandoned Vehicles
IC 9-22-1-0.3
Placement of notice tags for abandoned vehicles; required
information on notice tag; towing service recovery of costs
Sec. 0.3. (a) This section applies to an abandoned vehicle:
(1) that was towed by a towing service from private property
before May 2, 2001;
(2) that is in possession of a towing service company on May 2,
2001;
(3) that could have been removed from private property under
sections 15 and 16 of this chapter, both as amended by
P.L.108-2001, if P.L.108-2001 were in effect at the time that the
towing service removed the abandoned vehicle from the private
property; and
(4) for which the towing service has not received payment for
the towing charges accruing from removal of the vehicle from
private property.
(b) The towing service may post the notice tag required by section
15 of this chapter, as amended by P.L.108-2001, on a picture of the
abandoned vehicle and place the notice tag and picture in a
prominent place on the private property from which the abandoned
vehicle was towed for the time required by section 15 of this chapter,
as amended by P.L.108-2001. The name and address on the notice
tag may be the name and address of the owner of the private property
or the name and address of the towing service. The notice tag must
state the address where the vehicle is located. Compliance with this
subsection shall be treated as compliance with section 15 of this
chapter, as amended by P.L.108-2001.
(c) A towing service may recover costs incidental to the removal
and storage of an abandoned vehicle that accrued before May 2,
2001, to the same extent as if the costs were accrued after May 2,
2001.
As added by P.L.220-2011, SEC.218.
IC 9-22-1-1
Application of chapter
Sec. 1. This chapter does not apply to the following:
(1) A vehicle in operable condition specifically adapted or
constructed for operation on privately owned raceways.
(2) A vehicle stored as the property of a member of the armed
forces of the United States who is on active duty assignment.
(3) A vehicle located on a vehicle sale lot.
(4) A vehicle located upon property licensed or zoned as an
automobile scrapyard.
(5) A vehicle registered and licensed under IC 9-18-12 as an
antique vehicle.
(6) A golf cart.
(7) An off-road vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.108-2001, SEC.2;
P.L.150-2009, SEC.15; P.L.259-2013, SEC.19.
IC 9-22-1-2
Officer defined
Sec. 2. As used in this chapter, "officer" means the following:
(1) A regular member of the state police department.
(2) A regular member of a city or town police department.
(3) A town marshal or town marshal deputy.
(4) A regular member of the county police force.
(5) An individual of an agency designated by ordinance of the
fiscal body.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-3
Public agency defined
Sec. 3. As used in this chapter, "public agency" means a local
agency given the responsibility by statute or ordinance for the
removal, storage, and disposal of abandoned vehicles.
As added by P.L.2-1991, SEC.10. Amended by P.L.191-2007, SEC.6.
IC 9-22-1-3.5
Storage yard defined
Sec. 3.5. As used in this chapter, "storage yard" means a storage
facility or a towing service used for the removal and storage of
abandoned vehicles or parts.
As added by P.L.104-2005, SEC.2.
IC 9-22-1-4
Responsibility and liability of owner of abandoned vehicle or parts;
limitation of costs for storage
Sec. 4. (a) Except as provided in subsection (c), the owner of an
abandoned vehicle or parts is:
(1) responsible for the abandonment; and
(2) liable for all of the costs incidental to the removal, storage,
and disposal;
of the vehicle or the parts under this chapter.
(b) The costs for storage of an abandoned vehicle may not exceed
one thousand five hundred dollars ($1,500).
(c) If an abandoned vehicle is sold by a person who removed,
towed, or stored the vehicle, the person who previously owned the
vehicle is not responsible for storage fees.
(d) If an abandoned vehicle is sold by a person who removed,
towed, or stored the vehicle, and proceeds from the sale of the
vehicle covered the removal, towing, and storage expenses, any
remaining proceeds from the sale of the vehicle shall be returned to
the previous owner of the vehicle if the previous owner is known.
As added by P.L.2-1991, SEC.10. Amended by P.L.104-2005, SEC.3;
P.L.191-2007, SEC.7; P.L.125-2012, SEC.113.
IC 9-22-1-5
Discovery of possession by person other than vehicle owner
Sec. 5. When an officer discovers a vehicle in the possession of
a person other than the owner of the vehicle and the person cannot
establish the right to possession of the vehicle, the vehicle shall be
taken to and stored in a suitable place determined by the officer.
As added by P.L.2-1991, SEC.10. Amended by P.L.125-2012,
SEC.114; P.L.262-2013, SEC.104.
IC 9-22-1-6
Repealed
(Repealed by P.L.125-2012, SEC.115.)
IC 9-22-1-7
Inability to determine ownership; declaring vehicle abandoned
Sec. 7. If:
(1) the owner or lienholder under section 8 of this chapter does
not appear and pay all costs; or
(2) the owner of a vehicle cannot be determined by a search
conducted under section 19 of this chapter;
the vehicle is considered abandoned and must be disposed of under
this chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.191-2007, SEC.9;
P.L.125-2012, SEC.116.
IC 9-22-1-8
Release to owner or lienholder of stored vehicle; required
notification
Sec. 8. If the properly identified person who owns or holds a lien
on a vehicle appears at the site of storage before disposal of the
vehicle or parts and pays all costs incurred against the vehicle or
parts at that time, the vehicle or parts shall be released. A towing
service shall notify the appropriate public agency of all releases
under this section. The notification must include the name, signature,
and address of the person that owns or holds a lien on the vehicle, a
description of the vehicle or parts, costs, and the date of release.
As added by P.L.2-1991, SEC.10. Amended by P.L.125-2012,
SEC.117.
IC 9-22-1-9
Repealed
(Repealed by P.L.125-2012, SEC.118.)
IC 9-22-1-10
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-11
Tagging abandoned vehicle or parts
Sec. 11. An officer who finds or is notified of a vehicle or parts
believed to be abandoned shall attach in a prominent place a notice
tag containing the following information:
(1) The date, time, officer's name, public agency, and address
and telephone number to contact for information.
(2) That the vehicle or parts are considered abandoned.
(3) That the vehicle or parts will be removed after:
(A) twenty-four (24) hours, if the vehicle is located on or
within the right-of-way of an interstate highway or any
highway that is designated as part of the state highway
system under IC 8-23-4; or
(B) seventy-two (72) hours, for any other vehicle.
(4) That the person who owns the vehicle will be held
responsible for all costs incidental to the removal, storage, and
disposal of the vehicle.
(5) That the person who owns the vehicle may avoid costs by
removal of the vehicle or parts within:
(A) twenty-four (24) hours, if the vehicle is located on or
within the right-of-way of an interstate highway or any
highway that is designated as part of the state highway
system under IC 8-23-4; or
(B) seventy-two (72) hours, for any other vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992, SEC.5;
P.L.131-2008, SEC.47; P.L.54-2009, SEC.6.
IC 9-22-1-12
Officer's abandoned vehicle report; photographs
Sec. 12. If a vehicle or a part tagged under section 11 of this
chapter is not removed within the applicable period, the officer shall
prepare a written abandoned vehicle report of the vehicle or parts,
including information on the condition and missing parts.
Photographs may be taken to describe the condition of the vehicle or
parts.
As added by P.L.2-1991, SEC.10. Amended by P.L.131-2008,
SEC.48; P.L.125-2012, SEC.119.
IC 9-22-1-13
Disposal of vehicle or parts; retention of records and photographs
by bureau
Sec. 13. (a) If the vehicle is a junk vehicle and the market value
of an abandoned vehicle or parts is less than:
(1) one thousand dollars ($1,000); or
(2) in a municipality that has adopted an ordinance under
subsection (b), the amount established by the ordinance;
the towing service shall immediately transfer the vehicle to a storage
yard. A copy of the abandoned vehicle report and photographs, if
applicable, relating to the abandoned vehicle shall be provided to the
storage yard. A towing service or storage yard may dispose of an
abandoned vehicle not less than thirty (30) days after the date on
which the towing service removed the abandoned vehicle. A city,
county, or town that operates a storage yard under IC 36-9-30-3 may
dispose of an abandoned vehicle to an automobile scrapyard or an
automotive salvage recycler upon removal of the abandoned vehicle.
The public agency or storage yard disposing of the vehicle shall
retain the original records and photographs for at least two (2) years.
If the vehicle is demolished, a copy of the abandoned vehicle report
shall be forwarded to the bureau by the automobile scrap yard after
the vehicle has been demolished.
(b) The legislative body of a municipality (as defined in
IC 36-1-2-11) may adopt an ordinance that establishes the market
value below which an officer may dispose of a vehicle or parts under
subsection (a). However, the market value established by the
ordinance may not be more than seven hundred fifty dollars ($750).
(c) When the bureau receives the report described in subsection
(a), the bureau shall note the status of the vehicle in the records of
the bureau.
As added by P.L.2-1991, SEC.10. Amended by P.L.92-1997, SEC.2;
P.L.104-2005, SEC.4; P.L.191-2007, SEC.11; P.L.125-2012,
SEC.120.
IC 9-22-1-14
Duties of tagging officer; towing and storage of vehicle or parts
Sec. 14. (a) If in the opinion of the officer the market value of the
abandoned vehicle or parts is at least:
(1) one thousand dollars ($1,000); or
(2) in a municipality that has adopted an ordinance under
section 13(b) of this chapter, the amount established by the
ordinance;
the officer, before placing a notice tag on the vehicle or parts, shall
make a reasonable effort to ascertain the person who owns the
vehicle or parts or who may be in control of the vehicle or parts.
(b) After seventy-two (72) hours, the officer shall require the
vehicle or parts to be towed to a storage yard or towing service.
As added by P.L.2-1991, SEC.10. Amended by P.L.92-1997, SEC.3;
P.L.104-2005, SEC.5; P.L.125-2012, SEC.121.
IC 9-22-1-15
Discovery of vehicle abandoned on private property
Sec. 15. (a) A person who finds a vehicle believed to be
abandoned on private property that the person owns or controls,
including rental property, may:
(1) obtain the assistance of an officer under section 18 of this
chapter to have the vehicle removed; or
(2) personally arrange for the removal of the vehicle by
complying with subsection (b) and section 16 of this chapter.
(b) If the person wishes to personally arrange for the removal of
the vehicle, the person shall attach in a prominent place a notice tag
containing the following information:
(1) The date, time, name, and address of the person who owns
or controls the private property and a telephone number to
contact for information.
(2) That the vehicle is considered abandoned.
(3) That the vehicle will be removed after twenty-four (24)
hours.
(4) That the person who owns the vehicle will be held
responsible for all costs incidental to the removal, storage, and
disposal of the vehicle.
(5) That the person who owns the vehicle may avoid costs by
removal of the vehicle or parts within twenty-four (24) hours.
As added by P.L.2-1991, SEC.10. Amended by P.L.130-1995, SEC.1;
P.L.108-2001, SEC.3; P.L.54-2009, SEC.7.
IC 9-22-1-16
Towing vehicle from private property
Sec. 16. (a) If after twenty-four (24) hours the person who owns
a vehicle believed to be abandoned on private property has not
removed the vehicle from the private property, the person who owns
or controls the private property on which the vehicle is believed to
be abandoned may have the vehicle towed from the private property.
(b) Notwithstanding subsection (a), in an emergency situation a
vehicle believed to be abandoned on private property may be
removed immediately. As used in this subsection, "emergency
situation" means that the presence of the vehicle believed to be
abandoned interferes physically with the conduct of normal business
operations of the person who owns or controls the private property
or poses a threat to the safety or security of persons or property, or
both.
As added by P.L.2-1991, SEC.10. Amended by P.L.130-1995, SEC.2;
P.L.108-2001, SEC.4; P.L.104-2005, SEC.6; P.L.191-2007, SEC.12;
P.L.54-2009, SEC.8; P.L.262-2013, SEC.105.
IC 9-22-1-17
Notice to bureau given by service towing vehicle from rental
property
Sec. 17. A towing service that tows a vehicle under section 16 of
this chapter shall give notice to the public agency that the abandoned
vehicle is in the possession of the towing service.
As added by P.L.2-1991, SEC.10. Amended by P.L.191-2007,
SEC.13; P.L.125-2012, SEC.122.
IC 9-22-1-18
Complaint by person owning or controlling private property
Sec. 18. Upon complaint of a person who owns or controls private
property that a vehicle has been left on the property for at least
forty-eight (48) hours without the consent of the person who owns or
controls the property, an officer shall follow the procedures set forth
in sections 11 through 14 of this chapter.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-19
National data base search; notification; storage costs
Sec. 19. (a) Within seventy-two (72) hours after removal of a
vehicle to a storage yard or towing service under section 13, 14, or
16 of this chapter, the public agency or towing service shall conduct
a search of national data bases, including a data base of vehicle
identification numbers, to attempt to obtain the last state of record of
the vehicle in order to attempt to ascertain the name and address of
the person who owns or holds a lien on the vehicle.
(b) A public agency or towing service that obtains the name and
address of the owner of or lienholder on a vehicle shall, not later than
seventy-two (72) hours after obtaining the name and address, notify
the person who owns or holds a lien on the vehicle of the:
(1) name;
(2) address; and
(3) telephone number;
of the public agency or towing service. The notice must be made by
certified mail or by means of an electronic service approved by the
bureau. Notwithstanding section 4 of this chapter, a public agency or
towing service that fails to notify the owner of or lienholder on the
vehicle as set forth in this subsection may not collect additional
storage costs incurred after the date of receipt of the name and
address obtained.
As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992, SEC.6;
P.L.78-2003, SEC.1; P.L.104-2005, SEC.7; P.L.191-2007, SEC.14;
P.L.125-2012, SEC.123.
IC 9-22-1-20
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-21
Means of vehicle identification not available; disposal without
notice
Sec. 21. If a vehicle or parts are in such a condition that vehicle
identification numbers or other means of identification are not
available to determine the person who owns or holds a lien on the
vehicle, the vehicle may be disposed of without notice.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-21.5
Liens on vehicles for towing services
Sec. 21.5. An individual, a firm, a partnership, a limited liability
company, or a corporation that provides towing services for a motor
vehicle, trailer, semitrailer, or recreational vehicle:
(1) at the request of the person that owns the motor vehicle,
trailer, semitrailer, or recreational vehicle;
(2) at the request of an individual, a firm, a partnership, a
limited liability company, or a corporation on whose property
an abandoned motor vehicle, trailer, semitrailer, or recreational
vehicle is located; or
(3) in accordance with this chapter;
has a lien on the vehicle for the reasonable value of the charges for
the towing services and other related costs in accordance with
IC 9-22-6. An individual, a firm, a partnership, a limited liability
company, or a corporation that obtains a lien for an abandoned
vehicle under this section must comply with sections 16, 17, and 19
of this chapter and IC 9-22-6.
As added by P.L.125-2012, SEC.124. Amended by P.L.262-2013,
SEC.106.
IC 9-22-1-22
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-23
Public sale by city, town, or county; notice
Sec. 23. (a) This section applies to a city, town, or county.
(b) Except as provided in subsection (c), if the person who owns
or holds a lien upon a vehicle does not appear within twenty (20)
days after the mailing of a notice or the notification made by
electronic service under section 19 of this chapter, the unit may sell
the vehicle or parts by either of the following methods:
(1) The unit may sell the vehicle or parts to the highest bidder
at a public sale. Notice of the sale shall be given under IC 5-3-1,
except that only one (1) newspaper insertion one (1) week
before the public sale is required.
(2) The unit may sell the vehicle or part as unclaimed property
under IC 36-1-11. The twenty (20) day period for the property
to remain unclaimed is sufficient for a sale under this
subdivision.
(c) This subsection applies to a consolidated city or county
containing a consolidated city. If the person who owns or holds a lien
upon a vehicle does not appear within fifteen (15) days after the
mailing of a notice or the notification made by electronic service
under section 19 of this chapter, the unit may sell the vehicle or parts
by either of the following methods:
(1) The unit may sell the vehicle or parts to the highest bidder
at a public sale. Notice of the sale shall be given under IC 5-3-1,
except that only one (1) newspaper insertion one (1) week
before the public sale is required.
(2) The unit may sell the vehicle or part as unclaimed property
under IC 36-1-11. The fifteen (15) day period for the property
to remain unclaimed is sufficient for a sale under this
subdivision.
As added by P.L.2-1991, SEC.10. Amended by P.L.92-1997, SEC.6;
P.L.191-2007, SEC.15; P.L.125-2012, SEC.125.
IC 9-22-1-24
Purchasers at public sales; bill of sale; fees; roadworthiness of
vehicle
Sec. 24. A person who purchases a vehicle under section 23 of
this chapter shall be furnished a bill of sale for each abandoned
vehicle sold by the public agency upon paying the fee for a bill of
sale under IC 9-29-7. A person who purchases a vehicle under
section 23 of this chapter must:
(1) present evidence from a law enforcement agency that the
vehicle purchased is roadworthy, if applicable; and
(2) pay the appropriate title fee under IC 9-29-4;
to obtain a certificate of title under IC 9-17 for the vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992, SEC.7;
P.L.191-2007, SEC.16.
IC 9-22-1-25
Payment of removal, storage, and disposition costs; cost limits
Sec. 25. The costs for removal and storage of an abandoned
vehicle or parts not claimed by the person who owns or holds a lien
on a vehicle shall be paid from the abandoned vehicle account
established under section 30 of this chapter. The charge payable by
the person who owns or holds a lien on a vehicle for towing, storing,
or removing an abandoned vehicle or parts may not exceed the limits
established by ordinance adopted under section 30 of this chapter.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-26
Sale proceeds credited against removal, storage, and disposition
costs
Sec. 26. The proceeds of sale of an abandoned vehicle or parts
under section 23 of this chapter shall be credited against the costs of
the removal, storage, and disposal of the vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.191-2007,
SEC.17.
IC 9-22-1-27
Sales by city, county, or town; deposit of proceeds; payment of
public agency costs; appropriations
Sec. 27. (a) This section applies to sales of abandoned vehicles or
parts by a city, county, or town.
(b) The proceeds from the sale of abandoned vehicles or parts,
including:
(1) charges for bills of sale; and
(2) money received from persons who own or hold liens on
vehicles for the cost of removal or storage of vehicles;
shall be deposited in the city's, county's, or town's abandoned vehicle
fund by the fiscal officer of the city, county, or town.
(c) The costs incurred by a public agency in administering this
chapter shall be paid from the abandoned vehicle fund.
(d) The fiscal body shall annually appropriate sufficient money to
the fund to carry out this chapter. Money remaining in the fund at the
end of a year remains in the fund and does not revert to the general
fund.
(e) Notwithstanding subsection (d), the fiscal body of a
consolidated city may transfer money from the fund.
As added by P.L.2-1991, SEC.10. Amended by P.L.85-1995, SEC.39;
P.L.191-2007, SEC.18.
IC 9-22-1-28
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-29
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-30
Fiscal body procedures established by ordinance; abandoned
vehicle fund
Sec. 30. (a) The fiscal body shall, by ordinance, establish
procedures to carry out this chapter, including the following:
(1) The charges allowed for towing and storage of abandoned
vehicles, which shall be filed with the bureau.
(2) The means of disposition of vehicles.
(b) The fiscal body shall establish an abandoned vehicle fund for
the purposes of this chapter.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-31
Public agencies; personnel, property, and towing contracts; fiscal
body ordinances
Sec. 31. To facilitate the removal of abandoned vehicles or parts,
a public agency may:
(1) employ personnel;
(2) acquire equipment, property, and facilities; and
(3) enter into towing contracts;
for the removal, storage, and disposition of abandoned vehicles and
parts. The fiscal body may, by ordinance, establish procedures to
carry out this section.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-32
Liability for loss or damage to vehicle or vehicle parts
Sec. 32. The following are not liable for loss or damage to a
vehicle or parts occurring during the removal or storage of a vehicle
or parts under this chapter:
(1) A person who owns, leases, or occupies property from
which an abandoned vehicle or its contents or parts are
removed.
(2) A public agency.
(3) A towing service.
(4) An automobile scrapyard.
(5) A storage yard.
(6) An agent of a person or entity listed in subdivisions (1)
through (5).
As added by P.L.2-1991, SEC.10. Amended by P.L.104-2005, SEC.8;
P.L.54-2009, SEC.9.
]]>
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
