2014 Indiana Code TITLE 9. MOTOR VEHICLES ARTICLE 22. ABANDONED, SALVAGED, AND SCRAP VEHICLES CHAPTER 3. SALVAGE MOTOR VEHICLES
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IC 9-22-3
Chapter 3. Salvage Motor Vehicles
IC 9-22-3-0.5
Applicability
Sec. 0.5. For purposes of this chapter, "motor vehicle" does not
include:
(1) an off-road vehicle;
(2) a golf cart; or
(3) a snowmobile.
As added by P.L.219-2005, SEC.12. Amended by P.L.150-2009,
SEC.16; P.L.259-2013, SEC.20.
IC 9-22-3-1
Application of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapter
applies each year to a motor vehicle, semitrailer, or recreational
vehicle manufactured within the last seven (7) model years, including
the current model year. The bureau shall establish guidelines for
determining the applicability of the model year effective dates for
each year.
(b) The bureau may extend the model years to be covered each
year by this chapter up to a maximum of fifteen (15) model years,
which includes the current model year.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.2;
P.L.125-2012, SEC.127.
IC 9-22-3-2
Fair market value defined
Sec. 2. As used in this chapter, "fair market value" means:
(1) the average trade-in value found in the National Automobile
Dealers Association (NADA) Official Used Car Guide, vehicle
valuations determined by CCC Information Services, Inc.
(CCC), or valuations determined by such other authorities as are
approved by the bureau; or
(2) the fair market value determined by the bureau under
IC 9-22-3-3.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-2.5
Flood damaged vehicle defined
Sec. 2.5. (a) As used in this chapter, "flood damaged vehicle"
means a passenger motor vehicle that satisfies either of the following:
(1) The vehicle has been acquired by an insurance company as
part of a damage settlement due to water damage.
(2) The vehicle has been submerged in water to the point that
rising water has reached over the door sill, has entered the
passenger or trunk compartment, and has exposed any electrical,
computerized, or mechanical component to water.
(b) The term does not include a passenger motor vehicle that an
inspection conducted by an insurance adjuster or estimator, a motor
vehicle repairer, or a motor vehicle dealer determines:
(1) has no electrical, computerized, or mechanical components
that were damaged by water; or
(2) has one (1) or more electrical, computerized, or mechanical
components that were damaged by water and all such damaged
components have been repaired or replaced.
As added by P.L.59-1998, SEC.3. Amended by P.L.258-1999, SEC.1.
IC 9-22-3-3
Necessity of certificate of salvage title; bureau determination of fair
market value; required application for certificate of salvage title by
insurance company or owner
Sec. 3. (a) A certificate of salvage title is required for a motor
vehicle, motorcycle, semitrailer, or recreational vehicle that meets
any of the following criteria:
(1) An insurance company has determined that it is
economically impractical to repair the wrecked or damaged
motor vehicle, motorcycle, semitrailer, or recreational vehicle
and has made an agreed settlement with the insured or claimant.
(2) If the owner of the vehicle is a business that insures its own
vehicles, the cost of repairing the wrecked or damaged motor
vehicle, motorcycle, semitrailer, or recreational vehicle exceeds
seventy percent (70%) of the fair market value immediately
before the motor vehicle, motorcycle, semitrailer, or recreational
vehicle was wrecked or damaged.
(3) The motor vehicle is a flood damaged vehicle.
(b) For the purposes of this section, the bureau shall, upon request,
determine the fair market value of a wrecked or damaged motor
vehicle, motorcycle, semitrailer, or recreational vehicle if the fair
market value cannot be determined from the source referred to in
section 2(1) of this chapter.
(c) Except as described in section 11(c) of this chapter, an
insurance company shall apply for a salvage title for a vehicle that the
insurance company has determined is economically impractical to
repair.
(d) An owner described in subsection (a)(2) shall apply for a
salvage title for any vehicle that has sustained damages of seventy
percent (70%) or more of the fair market value immediately before
the motor vehicle, motorcycle, semitrailer, or recreational vehicle was
wrecked or damaged if the vehicle meets the criteria specified in
subsection (a)(2).
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.4;
P.L.110-2006, SEC.1.
IC 9-22-3-4
Issuance of certificate of salvage title
Sec. 4. The bureau shall issue a certificate of salvage title as proof
of ownership for a salvage motor vehicle when the acquiring
insurance company, disposal facility, or person does the following:
(1) Applies for the certificate of salvage title.
(2) Pays the appropriate fee under IC 9-29-7.
(3) Surrenders the motor vehicle's original certificate of title or
other proof of ownership as determined by the bureau.
As added by P.L.2-1991, SEC.10. Amended by P.L.125-2012,
SEC.128.
IC 9-22-3-5
Certificate of salvage title; contents
Sec. 5. A certificate of salvage title issued under section 4 of this
chapter must contain the following information:
(1) The same vehicle information as a certificate of title issued
by the bureau.
(2) The notation "SALVAGE TITLE" prominently recorded on
the front and back of the title.
(3) If the motor vehicle is a flood damaged vehicle, the notation
"FLOOD DAMAGED" prominently recorded on the front and
back of the title.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.5;
P.L.6-2012, SEC.66; P.L.125-2012, SEC.129.
IC 9-22-3-6
Certificate of salvage title; assignment by owner of salvage vehicle
Sec. 6. A certificate of salvage title issued under section 4 of this
chapter may be assigned by the person who owns the salvage vehicle
to another buyer.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-7 Version a
Certificate of salvage title; assignment by dealer
Note: This version of section effective until 1-1-2015. See also
following version of this section, effective 1-1-2015.
Sec. 7. A business that is registered with the secretary of state as
a dealer under IC 9-23 may reassign a certificate of salvage title one
(1) time without applying to the bureau for the issuance of a new
certificate of salvage title.
As added by P.L.2-1991, SEC.10. Amended by P.L.93-2010, SEC.7.
IC 9-22-3-7 Version b
Certificate of salvage title; assignment by dealer
Note: This version of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
Sec. 7. (a) A business that is registered with the secretary of state
as a dealer under IC 9-23 may reassign a certificate of salvage title
one (1) time without applying to the bureau for the issuance of a new
certificate of salvage title.
(b) A business that violates this section commits a Class A
infraction.
As added by P.L.2-1991, SEC.10. Amended by P.L.93-2010, SEC.7;
P.L.217-2014, SEC.66.
IC 9-22-3-7.5
Affidavit regarding flood damage to vehicle
Sec. 7.5. (a) A dealer licensed as a dealer under IC 9-23 on the
date of receiving a title by sale or transfer shall secure an affidavit
from the person who holds the certificate of title. The affidavit must
state whether the vehicle is a flood damaged vehicle.
(b) The dealer shall file the affidavit secured under subsection (a)
with the bureau upon receiving the affidavit and shall retain a copy
of the affidavit with the records of the dealer.
(c) The bureau shall retain an affidavit regarding flood damage to
the vehicle submitted to the bureau by a dealer under this section.
(d) Submission of a fraudulent affidavit under subsection (a) will
subject the affiant to civil liability for all damages incurred by a
dealer subsequent purchaser or transferee of the title, including
reasonable attorney's fees and court costs (including fees).
As added by P.L.258-1999, SEC.2. Amended by P.L.106-2010,
SEC.1.
IC 9-22-3-8 Version a
Vehicle restoration; affidavits
Note: This version of section effective until 1-1-2015. See also
following version of this section, effective 1-1-2015.
Sec. 8. If a salvage motor vehicle has been flood damaged,
extensively burned, vandalized, or severely wrecked so that one (1)
or more component parts are required to restore the motor vehicle to
an operable condition, the person or business that restored the motor
vehicle must furnish, on an affidavit of restoration for a salvage
motor vehicle form, the name, identification number, and source of
all component parts that were included in the restoration of the
vehicle. The affidavit must be attached to the certificate of salvage
title and be submitted to the bureau upon application by a person for
a certificate of title for the vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.6.
IC 9-22-3-8 Version b
Vehicle restoration; affidavits
Note: This version of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
Sec. 8. (a) If a salvage motor vehicle has been flood damaged,
extensively burned, vandalized, or severely wrecked so that one (1)
or more component parts are required to restore the motor vehicle to
an operable condition, the person or business that restored the motor
vehicle must furnish, on an affidavit of restoration for a salvage
motor vehicle form, the name, identification number, and source of
all component parts that were included in the restoration of the
vehicle. The affidavit must be attached to the certificate of salvage
title and be submitted to the bureau upon application by a person for
a certificate of title for the vehicle.
(b) A person or business that violates this section commits a Class
A infraction.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.6;
P.L.217-2014, SEC.67.
IC 9-22-3-9
Repealed
(Repealed by P.L.125-2012, SEC.130.)
IC 9-22-3-10
Duplicate certificates of salvage title
Sec. 10. (a) If a certificate of salvage title is lost, mutilated, or
destroyed or becomes illegible, the person who owns the vehicle or
the legal representative or legal successor in interest of the person
who owns the motor vehicle, semitrailer, or recreational vehicle for
which the certificate of salvage title was issued, as shown by the
records of the bureau, shall immediately apply for a duplicate
certificate of salvage title.
(b) A person described in subsection (a) may obtain a duplicate
certificate of salvage title when the person furnishes information
concerning the loss, mutilation, destruction, or illegibility satisfactory
to the bureau and pays the fee set forth in IC 9-29-7. Upon the
issuance of a duplicate certificate of salvage title, the most recent
certificate of salvage title issued is considered void by the bureau.
(c) A certificate of salvage title issued under this section must
have recorded upon the title's face and back the words "DUPLICATE
SALVAGE TITLE".
(d) If the lost, mutilated, destroyed, or illegible certificate of
salvage title contained the notation "FLOOD DAMAGED", the
duplicate certificate of salvage title must have recorded upon the
title's face and back the words "FLOOD DAMAGED".
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.8;
P.L.125-2012, SEC.131.
IC 9-22-3-11
Application by insurer or owner for certificate of salvage title
Sec. 11. (a) This section applies to the following persons:
(1) An insurance company that declares a wrecked or damaged
motor vehicle, motorcycle, semitrailer, or recreational vehicle
that meets at least one (1) of the criteria set forth in section 3 of
this chapter and the ownership of which is not evidenced by a
certificate of salvage title.
(2) An insurance company that has made and paid an agreed
settlement for the loss of a stolen motor vehicle, motorcycle,
semitrailer, or recreational vehicle that:
(A) has been recovered by the titled owner; and
(B) meets at least one (1) of the criteria set forth in section 3
of this chapter.
(b) A person who owns or holds a lien upon a vehicle described
in subsection (a) shall assign the certificate of title to the insurance
company described in subsection (a). The insurance company shall
apply to the bureau within thirty-one (31) days after receipt of the
certificate of title for a certificate of salvage title for each salvage or
stolen vehicle subject to this chapter. The insurance company shall
surrender the certificate of title to the bureau and pay the fee
prescribed under IC 9-29-7 for a certificate of salvage title.
(c) When the owner of a vehicle described in subsection (a) retains
possession of the vehicle:
(1) the person who possesses the certificate of title shall
surrender the certificate of title to the insurance company
described in subdivision (2);
(2) the insurance company that completes an agreed settlement
for the vehicle shall:
(A) obtain the certificate of title; and
(B) submit to the bureau:
(i) the certificate of title;
(ii) the appropriate fee; and
(iii) a request for a certificate of salvage title on a form
prescribed by the bureau; and
(3) after the bureau has received the items set forth in
subdivision (2)(B), the bureau shall issue a certificate of salvage
title to the owner.
(d) When a self-insured entity is the owner of a salvage motor
vehicle, motorcycle, semitrailer, or recreational vehicle that meets at
least one (1) of the criteria set forth in section 3 of this chapter, the
self-insured entity shall apply to the bureau within thirty-one (31)
days after the date of loss for a certificate of salvage title in the name
of the self-insured entity's name.
(e) Any other person acquiring a wrecked or damaged motor
vehicle, motorcycle, semitrailer, or recreational vehicle that meets at
least one (1) of the criteria set forth in section 3 of this chapter, which
acquisition is not evidenced by a certificate of salvage title, shall
apply to the bureau within thirty-one (31) days after receipt of the
certificate of title for a certificate of salvage title.
(f) A person that violates this section commits a Class D
infraction.
As added by P.L.2-1991, SEC.10. Amended by P.L.268-2003,
SEC.24; P.L.110-2006, SEC.2; P.L.125-2012, SEC.132.
IC 9-22-3-12
Repealed
(Repealed by P.L.125-2012, SEC.133.)
IC 9-22-3-13
Demolished or destroyed vehicles; records maintenance
Sec. 13. A scrap metal processor or other appropriate facility that
purchases or acquires a salvage motor vehicle that has been totally
demolished or destroyed as a result of normal processing performed
by a disposal facility is not required to apply for and receive a
certificate of salvage title for the vehicle. The facility or processor
that performed the processing that resulted in the vehicle being
demolished or destroyed shall surrender the certificate of title, the
certificate of authority, or the certificate of salvage title to the bureau.
As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992, SEC.11;
P.L.125-2012, SEC.134; P.L.262-2013, SEC.110.
IC 9-22-3-14
Repealed
(Repealed by P.L.125-2012, SEC.135.)
IC 9-22-3-15
Rebuilt salvage motor vehicles; issuance of certificate of title
Sec. 15. If a salvage motor vehicle is rebuilt for operation upon the
highways and ownership is evidenced by a certificate of salvage title,
the person who owns the vehicle shall apply to the bureau for a
certificate of title. The bureau shall issue a certificate of title that lists
each person who holds a lien on the vehicle to the person who owns
the vehicle when the following are completed:
(1) The inspection of the vehicle by a police officer.
(2) The verification of proof of ownership of major component
parts used and the source of the major component parts.
(3) The surrender of the certificate of salvage title properly
executed with an affidavit concerning the major component
parts on a form prescribed by the bureau.
(4) The payment of the fee required under IC 9-29-7.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-16
Rebuilt vehicle or rebuilt flood damaged vehicle designation on
certificate of title; affidavits
Sec. 16. (a) Except as provided in subsection (b), a certificate of
title issued under this chapter and a certificate of title subsequently
issued must conspicuously bear the designation:
(1) "REBUILT VEHICLE--MILEAGE NOT ACTUAL" if the
motor vehicle is not a flood damaged vehicle; or
(2) "REBUILT FLOOD DAMAGED VEHICLE" if the motor
vehicle is a flood damaged vehicle.
(b) An insurance company authorized to do business in Indiana
may obtain a certificate of title that does not bear the designation if
the company submits to the bureau, in the form and manner the
bureau requires, satisfactory evidence that the damage, if any, to a
recovered stolen motor vehicle did not meet the criteria set forth in
section 3 of this chapter.
(c) An affidavit submitted under section 8 of this chapter must
conspicuously bear the designation:
(1) "REBUILT VEHICLE" if the motor vehicle is not a flood
damaged vehicle; or
(2) "REBUILT FLOOD DAMAGED VEHICLE" if the motor
vehicle is a flood damaged vehicle.
(d) A certificate of title for a salvage motor vehicle issued under
subsection (a) may not designate the mileage of the vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.9;
P.L.125-2012, SEC.136; P.L.262-2013, SEC.111.
IC 9-22-3-17
Rebuilt vehicle or rebuilt flood damaged vehicle designation on
certificates of title issued by other jurisdictions; designation on new
or subsequent certificates of title
Sec. 17. (a) Except as provided in subsection (b), whenever a
certificate of title is issued for a vehicle that was previously titled in
another state or jurisdiction and the certificate of title from the other
state or jurisdiction contains a "REBUILT", "RECONDITIONED",
"DISTRESSED VEHICLE", or similar designation, a new and
subsequent certificate of title must conspicuously bear the
designation "REBUILT VEHICLE".
(b) Whenever a certificate of title is issued for a vehicle described
in subsection (a) that was previously titled in another state or
jurisdiction and the certificate of title from the other state or
jurisdiction contains a designation that indicates that the vehicle is a
flood damaged vehicle, a new and subsequent certificate of title must
conspicuously bear the designation "FLOOD DAMAGED
VEHICLE".
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.10;
P.L.125-2012, SEC.137; P.L.262-2013, SEC.112.
IC 9-22-3-18
Vehicles designated as junk or similar designation
Sec. 18. A vehicle that has been designated "JUNK",
"DISMANTLED", "SCRAP", "DESTROYED", or any similar
designation in another state or jurisdiction shall not be titled in
Indiana.
As added by P.L.2-1991, SEC.10. Amended by P.L.125-2012,
SEC.138.
IC 9-22-3-18.5
Rebuilt vehicles; sales, exchange, transfer
Sec. 18.5. (a) This section does not apply to a person who sells,
exchanges, or transfers golf carts.
(b) A seller that is:
(1) a dealer; or
(2) another person who sells, exchanges, or transfers at least five
(5) vehicles each year;
may not sell, exchange, or transfer a rebuilt vehicle without
disclosing in writing to the purchaser, customer, or transferee before
consummating the sale, exchange, or transfer, the fact that the vehicle
is a rebuilt vehicle if the dealer or other person knows or should
reasonably know the vehicle is a rebuilt vehicle.
As added by P.L.125-2012, SEC.139.
IC 9-22-3-19
Recordkeeping forms
Sec. 19. (a) The secretary of state shall prescribe recordkeeping
forms to be used by:
(1) a disposal facility;
(2) an automotive salvage rebuilder; and
(3) a used parts dealer licensed under IC 9-32-9;
to preserve information about salvage vehicles or major component
parts acquired or sold by the business.
(b) The recordkeeping forms required under subsection (a) must
contain the following information:
(1) For each new or used vehicle acquired or disposed of or for
the major component parts of a new or used vehicle, the
following:
(A) A description of the vehicle or major component part,
including numbers or other marks identifying the vehicle or
major component part.
(B) The date the vehicle or major component part was
acquired and disposed of.
(C) The name and address of the person from whom the
vehicle or major component part was acquired.
(D) Verification of the purchaser of the vehicle or major
component part by driver's license, state identification card,
or other reliable means.
(2) For motor vehicles acquired or disposed of, in addition to the
information required by subdivision (1), the following:
(A) The vehicle's trade name.
(B) The vehicle's manufacturer.
(C) The vehicle's type.
(D) The model year and vehicle identification number.
(E) A statement of whether any number has been defaced,
destroyed, or changed.
(3) For wrecked, dismantled, or rebuilt vehicles, the date the
vehicle was dismantled or rebuilt.
(c) Separate records for each vehicle or major component part
must be maintained.
(d) The recordkeeping requirements of this section do not apply
to hulk crushers or to scrap metal processors when purchasing scrap
from a person who is licensed under IC 9-32-9 and who is required
to keep records under this section.
As added by P.L.2-1991, SEC.10. Amended by P.L.106-2008,
SEC.17; P.L.92-2013, SEC.47.
IC 9-22-3-20
Retention of records
Sec. 20. Unless otherwise specified or required, the records
required under section 19 of this chapter shall be retained for a period
of five (5) years from the date the vehicle or major component part
was acquired, in the form prescribed by the secretary of state.
As added by P.L.2-1991, SEC.10. Amended by P.L.93-2010, SEC.8.
IC 9-22-3-21
Availability and production of records
Sec. 21. The records required under section 19 of this chapter must
be available to and produced at the request of a police officer or an
authorized agent of the secretary of state under this chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.93-2010, SEC.9.
IC 9-22-3-22
Late model vehicles purchased by disposal facilities or automotive
salvage rebuilders; completion of recordkeeping forms
Sec. 22. (a) This section applies to vehicles and their component
parts that are in either their current model year or in the immediately
preceding six (6) model years when purchased by a disposal facility
or automotive salvage rebuilder.
(b) A disposal facility and automotive salvage rebuilder licensed
under IC 9-32-9 must complete the recordkeeping forms developed
under section 19 of this chapter for the purchase of a salvage motor
vehicle or major component part.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.12;
P.L.92-2013, SEC.48.
IC 9-22-3-23
Inspection of records by police officers; examination of business
premises
Sec. 23. A record required to be maintained under this chapter is
subject to inspection by a police officer during normal business
hours. In addition to the inspections authorized under section 24 of
this chapter, an inspection under this section may include an
examination of the premises of the licensee's established place of
business for the purpose of determining the accuracy of the required
records.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-24
Entry onto premises to inspect vehicles, parts, records, or
certificates of title
Sec. 24. The secretary of state, a police officer, or an agent of the
secretary of state or a police officer may enter upon the premises of
a disposal facility, insurance company, or other business dealing in
salvage vehicles during normal business hours to inspect a motor
vehicle, semitrailer, recreational vehicle, major component part,
records, certificate of title, and other ownership documents to
determine compliance with this chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.93-2010, SEC.10.
IC 9-22-3-25
Releasing or providing evidence or information; immunity from
civil and criminal liability
Sec. 25. In the absence of fraud or bad faith, a person who releases
or provides evidence or information under this chapter to any of the
following is immune from civil or criminal liability for providing that
evidence or information:
(1) The superintendent of the state police or the superintendent's
designee.
(2) The attorney general or the attorney general's designee.
(3) The city police chief or the city police chief's designee.
(4) The county sheriff or the county sheriff's designee.
(5) The prosecuting attorney or the prosecuting attorney's
designee responsible for prosecutions in the county that has
jurisdiction of the auto theft.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-26
Issuance of search warrant
Sec. 26. A court may issue a warrant to search the premises of an
automotive salvage rebuilder, an automotive salvage recycler, a
disposal facility, or a used parts dealer for any major component parts
being possessed, kept, sold, bartered, given away, used, or
transported in violation of this chapter.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-27
Search warrant; service and return
Sec. 27. A warrant issued under section 26 of this chapter shall be
directed to a police officer who has the power of criminal process.
The person to whom the warrant was issued shall serve the warrant
and make the return within twenty (20) days after the date of issue.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-28
Search warrant; articles to be seized; disposition ordered by court
Sec. 28. The police officer who serves a warrant issued under
section 26 of this chapter shall seize any article described in the
warrant and any other article the police officer finds during the search
that is held in violation of this chapter. The police officer shall hold
the articles pending the disposition ordered by the court in which a
prosecution may be instituted for a violation of this chapter.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-29
Articles seized under warrant; replevin and other process
Sec. 29. A major component part seized under this chapter and any
other article found on the searched premises and taken under a
warrant issued under section 26 of this chapter may not be taken from
the custody of the person who served the warrant by a writ of
replevin or other process while proceedings are pending.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-30
Repealed
(Repealed by P.L.2-2014, SEC.38.)
IC 9-22-3-31 Version a
Sale or offer to sell manufacturer's identification plate or serial
plate removed from vehicle that is total loss or salvage;
classification of offense
Note: This version of section effective until 1-1-2015. See also
following version of this section, effective 1-1-2015.
Sec. 31. A person who knowingly possesses, buys, sells,
exchanges, gives away, or offers to buy, sell, exchange or give away
a manufacturer's identification plate or serial plate that has been
removed from a motor vehicle, motorcycle, semitrailer, or
recreational vehicle that is a total loss or salvage commits a Level 6
felony.
As added by P.L.2-1991, SEC.10. Amended by P.L.158-2013,
SEC.149.
IC 9-22-3-31 Version b
Sale or offer to sell manufacturer's identification plate or serial
plate removed from vehicle that is total loss or salvage;
classification of offense
Note: This version of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
Sec. 31. A person who knowingly or intentionally possesses, buys,
sells, exchanges, gives away, or offers to buy, sell, exchange or give
away a manufacturer's identification plate or serial plate that has been
removed from a motor vehicle, motorcycle, semitrailer, or
recreational vehicle that is a total loss or salvage commits a Level 6
felony.
As added by P.L.2-1991, SEC.10. Amended by P.L.158-2013,
SEC.149; P.L.217-2014, SEC.68.
IC 9-22-3-32
Nontitle state certificates of title or ownership papers; violations;
classification of offense
Sec. 32. A person who knowingly possesses, buys, sells,
exchanges, gives away, or offers to buy, sell, exchange, or give away
a certificate of title or ownership papers from a nontitle state of a
motor vehicle, motorcycle, semitrailer, or recreational vehicle that is
a total loss or salvage commits a Level 6 felony.
As added by P.L.2-1991, SEC.10. Amended by P.L.158-2013,
SEC.150.
IC 9-22-3-33 Version a
Certificate of salvage title violations; penalties
Note: This version of section effective until 1-1-2015. See also
following repeal of this section, effective 1-1-2015.
Sec. 33. (a) A person who recklessly, knowingly, or intentionally
violates section 4, 5, 6, 7, or 8 of this chapter (or section 9 of this
chapter before its repeal) commits a Level 6 felony.
(b) A person who recklessly, knowingly, or intentionally violates
section 18.5 or 30 of this chapter commits a Class A misdemeanor.
As added by P.L.2-1991, SEC.10. Amended by P.L.125-2012,
SEC.140; P.L.92-2013,
P.L.168-2014, SEC.17.
SEC.49;
P.L.158-2013,
SEC.151;
IC 9-22-3-33 Version b
Repealed
(Repealed by P.L.217-2014, SEC.69.)
Note: This repeal of section effective 1-1-2015. See also preceding
version of this section, effective until 1-1-2015.
IC 9-22-3-34
Violations for which there is no specific penalty; classification
Sec. 34. A person who violates a provision of this chapter for
which there is no specific penalty commits a Class B misdemeanor.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-35
Commencement of prosecution; indictment or information
Sec. 35. The prosecution of a disposal facility, automotive salvage
rebuilder, insurance company, or individual suspected of having
violated this section may be instituted by the filing of an information
or indictment in the same manner as other criminal cases are
commenced.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-36
Civil remedies for violations; actual damages; treble damages; costs
and attorney's fees
Sec. 36. A person aggrieved by a violation of this chapter may
recover the actual damages sustained, together with costs and
reasonable attorney's fees. In the court's discretion the court may
increase the award of damages to:
(1) an amount not to exceed three (3) times the actual damages
sustained; or
(2) two thousand five hundred dollars ($2,500);
whichever is greater.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-37
Violations as deceptive acts; action by attorney general; remedies
and penalties
Sec. 37. Except as provided in section 11(f) of this chapter, a
person who violates this chapter commits a deceptive act that is
actionable by the attorney general and is subject to the remedies and
penalties under IC 24-5-0.5.
As added by P.L.2-1991, SEC.10. Amended by P.L.110-2006, SEC.3.
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