2013 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 32. DEALER SERVICES
CHAPTER 2. DEFINITIONS
Download as PDF
<![CDATA[
IC 9-32-2
Chapter 2. Definitions
IC 9-32-2-1
Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-2
"Adjusted or net capitalized cost"
Sec. 2. "Adjusted or net capitalized cost" means the capitalized
cost, less any capitalized cost reduction payments made by a retail
lessee at the inception of a lease agreement. The adjusted or net
capitalized cost is the basis for calculating the amount of a retail
lessee's periodic payment under a lease agreement.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-3
"Advisory board"
Sec. 3. "Advisory board" refers to the motor vehicle sales
advisory board established by IC 9-32-10-1.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-4
"Automobile auctioneer"
Sec. 4. "Automobile auctioneer" means a person who is engaged
in providing a place of business or facilities for the purchase and sale
of more than three (3) motor vehicles, on the basis of bids by persons
acting for themselves or others, per calendar year. The term includes
an auctioneer who, as part of the business of the auctioneer,
participates in providing a place of business or facilities for the
purchase and sale of motor vehicles on the basis of bids by persons
acting for themselves or others. The term does not include a person
acting only as an auctioneer under IC 25-6.1-1.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-5
"Automobile salvage rebuilder"
Sec. 5. "Automotive salvage rebuilder" means a person, firm,
limited liability company, corporation, or other legal entity engaged
in the business:
(1) of acquiring salvage motor vehicles for the purpose of
restoring, reconstructing, or rebuilding the vehicles; and
(2) of reselling these vehicles for use on the highway.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-6
"Broker"
Sec. 6. "Broker" means a person who, for a fee, a commission, or
other valuable consideration, arranges or offers to arrange a
transaction involving the sale, for purposes other than resale, of a
new or used motor vehicle and who is not:
(1) a dealer or an employee of a dealer;
(2) a distributor or an employee of a distributor; or
(3) at any point in the transaction, the bona fide owner of the
vehicle involved in the transaction.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-7
"Capitalized cost"
Sec. 7. (a) "Capitalized cost" means the amount that, after
deducting any capitalized cost reduction, serves as the basis for
determining the base lease payment, which is the part of the periodic
lease payment that is the sum of:
(1) the average periodic lease charge; and
(2) the average periodic depreciation.
(b) For a single payment lease, the base lease payment is the sum
of:
(1) the average periodic lease charge multiplied by the number
of months in the term of the lease; and
(2) the average periodic depreciation multiplied by the number
of months in the term of the lease.
(c) The capitalized cost may include any of the following:
(1) Taxes.
(2) Registration fees.
(3) License fees.
(4) Insurance charges.
(5) Charges for guaranteed auto protection or GAP coverage.
(6) Charges for service contracts and extended warranties.
(7) Fees and charges for accessories and for installing
accessories.
(8) Charges for delivery, service, and repair.
(9) Administrative fees, acquisition fees, and all fees or charges
for providing services incidental to the lease agreement.
(10) The unpaid balance of an amount financed under an
outstanding motor vehicle loan agreement or motor vehicle
retail installment contract with respect to a motor vehicle used
as a trade-in vehicle.
(11) The unpaid part of the early termination obligation under
an outstanding lease agreement.
(12) The first periodic payment due at the inception of the lease
agreement, if not otherwise paid by the retail lessee.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-8
"Capitalized cost reduction"
Sec. 8. "Capitalized cost reduction" means a payment made by
cash, check, credit card, debit card, net vehicle trade-in, rebate, or
other similar means in the nature of a down payment or credit, made
by a retail lessee at the inception of a lease agreement, for the
purpose of reducing the capitalized cost and does not include any
periodic payments received by the retail lessor at the inception of the
lease agreement.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-9
"Charge back"
Sec. 9. "Charge back" means a manufacturer induced return of
incentive payments to a manufacturer by a dealer. The term includes
a manufacturer drawing funds from an account of a dealer.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-10
"Director"
Sec. 10. "Director" refers to the director of the dealer services
division within the office of the secretary of state who is appointed
under IC 4-5-1-12(b).
As added by P.L.92-2013, SEC.78.
IC 9-32-2-11
"Division"
Sec. 11. "Division" refers to the dealer services division within
the office of the secretary of state established by IC 4-5-1-12(a).
As added by P.L.92-2013, SEC.78.
IC 9-32-2-12
"Existing franchise"
Sec. 12. "Existing franchise" means the franchise in effect on the
date of a franchisee's death or incapacity.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-13
"Franchise"
Sec. 13. "Franchise" means an oral or a written agreement for a
definite or an indefinite period in which a manufacturer or distributor
grants to a dealer a right to use a trade name, trade or service mark,
or related characteristic, and in which there is a community of
interest in the marketing of motor vehicles or related services at retail
or otherwise.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-14
"Franchisee"
Sec. 14. "Franchisee" means a dealer to whom a franchise is
granted.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-15
"Franchisor"
Sec. 15. "Franchisor" means a manufacturer or distributor who
grants a franchise to a dealer.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-16
"Labor rate"
Sec. 16. "Labor rate" means the hourly labor rate charged by a
franchisee for service, filed periodically with the division as the
division may require, and posted prominently in the franchisee's
service department.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-17
"Lease agreement"
Sec. 17. "Lease agreement" means a written agreement entered
into in Indiana for the transfer from a retail lessor to a retail lessee of
the right to possess and use a motor vehicle in exchange for
consideration for a scheduled term exceeding four (4) months,
whether or not the retail lessee has the option to purchase or
otherwise become the owner of the motor vehicle upon expiration of
the agreement. The term does not include an agreement that covers
an absolute sale, a sale pending approval, or a retail installment sale.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-18
"Lease transaction"
Sec. 18. "Lease transaction" means a presentation made to a retail
lessee concerning a motor vehicle, including a sales presentation or
a document presented to the retail lessee, resulting in the execution
of a lease agreement.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-19
"Record"
Sec. 19. "Record" includes, but is not limited to, the following:
(1) Bills of sale.
(2) Finance agreements.
(3) Titles.
(4) Inventory records.
(5) Sales receipts from auctions.
(6) Form ST-108 (department of state revenue certificate of
gross retail or use tax paid on the purchase of a motor vehicle
or watercraft).
(7) Interim plate log.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-20
"Relevant market area"
Sec. 20. "Relevant market area" means the following:
(1) With respect to a new motor vehicle dealer who plans to
relocate the dealer's place of business in a county having a
population of more than one hundred thousand (100,000), the
area within a radius of six (6) miles of the intended site of the
relocated dealer. The six (6) mile distance shall be determined
by measuring the distance between the nearest surveyed
boundary of the existing new motor vehicle dealer's principal
place of business and the nearest surveyed boundary line of the
relocated new motor vehicle dealer's place of business.
(2) With respect to a:
(A) proposed new motor vehicle dealer; or
(B) new motor vehicle dealer who plans to relocate the
dealer's place of business in a county having a population of
not more than one hundred thousand (100,000);
the area within a radius of ten (10) miles of the intended site of
the proposed or relocated dealer. The ten (10) mile distance
shall be determined by measuring the distance between the
nearest surveyed boundary line of the existing new motor
vehicle dealer's principal place of business and the nearest
surveyed boundary line of the proposed or relocated new motor
vehicle dealer's principal place of business.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-21
"Retail lessee"
Sec. 21. "Retail lessee" means an individual who executes a lease
agreement for a motor vehicle from a retail lessor primarily for
personal, family, or household purposes.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-22
"Retail lessor"
Sec. 22. "Retail lessor" means a person who regularly engages in
the business of selling or leasing motor vehicles and who offers or
arranges a lease agreement for a motor vehicle. The term includes an
agent or affiliate who acts on behalf of the retail lessor and excludes
any assignee of the lease agreement.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-23
"Sale"
Sec. 23. "Sale" includes every contract of sale, contract to sell, or
disposition of a motor vehicle or interest in a motor vehicle for value.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-24
"Secretary"
Sec. 24. "Secretary" refers to the secretary of state holding office
as set forth in IC 4-5-1-1.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-25
"Transfer dealer"
Sec. 25. "Transfer dealer" means a person, other than a dealer,
manufacturer, or wholesale dealer, who has the necessity of
transferring at least twelve (12) motor vehicles during a license year
as part of the transfer dealer's primary business function.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-26
"Uniform time standards manual"
Sec. 26. "Uniform time standards manual" means a schedule
established by a manufacturer or distributor setting forth the time
allowances for the diagnosis and performance of warranty work and
service.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-27
"Used parts dealer"
Sec. 27. "Used parts dealer" means a person who primarily buys,
sells, barters, exchanges, or deals in used major component parts.
The term does not include a scrap metal processor.
As added by P.L.92-2013, SEC.78.
IC 9-32-2-28
"Wholesale dealer"
Sec. 28. "Wholesale dealer" means a person who is engaged in the
business of buying or selling motor vehicles for resale to other
dealers, wholesale dealers, transfer dealers, or persons other than the
general public.
As added by P.L.92-2013, SEC.78.
]]>
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.
