2014 Indiana Code TITLE 9. MOTOR VEHICLES ARTICLE 22. ABANDONED, SALVAGED, AND SCRAP VEHICLES CHAPTER 5. SCRAPPING MOTOR VEHICLES
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IC 9-22-5
Chapter 5. Scrapping Motor Vehicles
IC 9-22-5-1
Repealed
(Repealed by P.L.125-2012, SEC.141.)
IC 9-22-5-1.1
Sale, giving away of, or disposing of vehicle for scrap metal with
certificate of title; no certificate of authority required
Sec. 1.1. A person who owns and has a certificate of title for a
vehicle may sell, give away, or dispose of the vehicle for scrap metal
without applying for a certificate of authority under this chapter. The
person must sign and surrender the certificate of title to the scrap
metal processor or other appropriate facility to dispose of the vehicle.
As added by P.L.262-2013, SEC.113.
IC 9-22-5-2
Application for authority to dispose of vehicle for scrap metal
Sec. 2. A:
(1) person, firm, corporation, limited liability company, or unit
of government upon whose property or in whose possession is
found an abandoned vehicle; or
(2) person who owns a vehicle that has a title that is faulty, lost,
or destroyed;
may apply in accordance with this chapter for authority to sell, give
away, or dispose of the vehicle for scrap metal.
As added by P.L.2-1991, SEC.10. Amended by P.L.8-1993, SEC.173;
P.L.125-2012, SEC.142.
IC 9-22-5-3
Application form; filing with bureau
Sec. 3. The application required under section 2 of this chapter
shall be made in a manner prescribed by the bureau. The application
shall be filed with the bureau.
As added by P.L.2-1991, SEC.10. Amended by P.L.125-2012,
SEC.143.
IC 9-22-5-4
Application; required information; affidavit
Sec. 4. (a) The application required under section 2 of this chapter
must include the following information:
(1) The name and address of the applicant.
(2) The year, make, model, and vehicle identification number of
the vehicle, if ascertainable, together with any other identifying
features.
(3) A concise statement of the facts surrounding the
abandonment of the vehicle, that the title of the vehicle is faulty,
lost, or destroyed, or the reasons for disposal of the vehicle.
(b) The person making the application required under section 2 of
this chapter shall execute an affidavit stating that the facts alleged in
the application are true and that no material fact has been withheld.
As added by P.L.2-1991, SEC.10. Amended by P.L.125-2012,
SEC.144; P.L.262-2013, SEC.114.
IC 9-22-5-5
Repealed
(Repealed by P.L.125-2012, SEC.145.)
IC 9-22-5-6
Repealed
(Repealed by P.L.125-2012, SEC.146.)
IC 9-22-5-7
Repealed
(Repealed by P.L.125-2012, SEC.147.)
IC 9-22-5-8
Certificate of authority; forms, required information
Sec. 8. The certificate of authority to scrap or dismantle the
vehicle required under this chapter shall be made on forms prescribed
and furnished by the bureau. The certificate of authority must contain
the following information:
(1) The name and address of the person who filed the
application required under section 2 of this chapter.
(2) The year, make, model, and vehicle identification number,
if ascertainable, together with any other identifying features of
the vehicle that has been authorized to be sold for scrap metal.
As added by P.L.2-1991, SEC.10. Amended by P.L.125-2012,
SEC.148.
IC 9-22-5-9
Repealed
(Repealed by P.L.125-2012, SEC.149.)
IC 9-22-5-10
Certificate of title not issued after delivery to bureau of certificate
of authority
Sec. 10. After a certificate of authority required under this chapter
has been delivered to the bureau by the automobile scrapyard, a
certificate of title may not be issued for the vehicle that is described
in the certificate of authority and is noted in the records of the bureau
as "junk".
As added by P.L.2-1991, SEC.10. Amended by P.L.125-2012,
SEC.150.
IC 9-22-5-11
Repealed
(Repealed by P.L.125-2012, SEC.151.)
IC 9-22-5-12
Sales for scrap metal by owners of vehicles
Sec. 12. The person who:
(1) owns a vehicle described in this chapter; and
(2) sells the vehicle;
may retain the proceeds of the sale for the person's use and benefit.
As added by P.L.2-1991, SEC.10. Amended by P.L.125-2012,
SEC.152; P.L.262-2013, SEC.115.
IC 9-22-5-13
Sales by persons other than owners; proceeds; payment to circuit
court clerk; claim by vehicle owner; escheat to state general fund
Sec. 13. (a) A person not described in section 12 of this chapter
who sells a vehicle under this chapter may retain from the proceeds
of sale the cost of publication of notice and the cost of preserving the
motor vehicle during the period of the vehicle's abandonment. The
person shall pay the remaining balance of the proceeds of the sale to
the circuit court clerk of the county in which the vehicle is located.
(b) At any time within ten (10) years after the money is paid to the
clerk, the person who owns the vehicle sold under this chapter may
make a claim with the clerk for the sale proceeds deposited with the
clerk. If ownership of the proceeds is established to the satisfaction
of the clerk, the clerk shall pay the proceeds to the person who owns
the vehicle.
(c) If a claim for the proceeds of the sale of a vehicle under
subsection (b) is not made within ten (10) years, claims for the
proceeds are barred. The clerk shall notify the attorney general and
upon demand pay the proceeds to the attorney general. The attorney
general shall turn the proceeds over to the treasurer of state. The
proceeds vest in and escheat to the state general fund.
As added by P.L.2-1991, SEC.10. Amended by P.L.246-2005,
SEC.87; P.L.125-2012, SEC.153.
IC 9-22-5-14
Repealed
(Repealed by P.L.125-2012, SEC.154.)
IC 9-22-5-15
Repealed
(Repealed by P.L.125-2012, SEC.155.)
IC 9-22-5-16
Repealed
(Repealed by P.L.125-2012, SEC.156.)
IC 9-22-5-17
Repealed
(Repealed by P.L.125-2012, SEC.157.)
IC 9-22-5-18 Version a
Sale, giving, or disposing of vehicle to automobile scrapyard;
documents required
Note: This version of section effective until 1-1-2015. See also
following version of this section, effective 1-1-2015.
Sec. 18. Before a person sells a vehicle to, gives a vehicle to, or
disposes of a vehicle with an automobile scrapyard, the person shall
give the automobile scrapyard:
(1) a certificate of authority for the vehicle that:
(A) is issued by the bureau under this chapter; and
(B) authorizes the scrapping or dismantling of the vehicle; or
(2) a certificate of title for the vehicle issued by the bureau
under IC 9-17-3.
As added by P.L.224-2013, SEC.1.
IC 9-22-5-18 Version b
Sale, giving, or disposing of vehicle to automobile scrapyard;
documents required; penalty
Note: This version of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
Sec. 18. (a) Before a person sells a vehicle to, gives a vehicle to,
or disposes of a vehicle with an automobile scrapyard, the person
shall give the automobile scrapyard:
(1) a certificate of authority for the vehicle that:
(A) is issued by the bureau under this chapter; and
(B) authorizes the scrapping or dismantling of the vehicle; or
(2) a certificate of title for the vehicle issued by the bureau
under IC 9-17-3.
(b) A person who knowingly or intentionally violates this section
commits a Class C misdemeanor.
As added by P.L.224-2013, SEC.1. Amended by P.L.217-2014,
SEC.70.
IC 9-22-5-18.2
Purchase of motor vehicle for scrap metal or parts; records of
purchase; penalty
Sec. 18.2. (a) A disposal facility, a scrap metal processor, or an
agent of a disposal facility or scrap metal processor may purchase a
motor vehicle without a certificate of title for the motor vehicle if:
(1) the motor vehicle is at least fifteen (15) model years old;
(2) the purchase is solely for the purpose of dismantling or
wrecking the motor vehicle for the recovery of scrap metal or
the sale of parts; and
(3) the disposal facility or scrap metal processor records all
purchase transactions of vehicles as required in subsection (b).
(b) A disposal facility or scrap metal processor shall maintain the
following information with respect to each motor vehicle purchase
transaction to which the disposal facility or scrap metal processor is
a party for at least two (2) years following the date of the purchase
transaction:
(1) The name and address of any secondary metals recycler or
salvage yard.
(2) The name, initials, or other identifying symbol of the person
entering the information.
(3) The date of the purchase transaction.
(4) A description of the motor vehicle that is the subject of the
purchase transaction, including the make and model of the
motor vehicle, if practicable.
(5) The vehicle identification number of the motor vehicle.
(6) The amount of consideration given for the motor vehicle.
(7) A written statement signed by the seller or the seller's agent
certifying that the seller or the seller's agent has the lawful right
to sell and dispose of the motor vehicle.
(8) The name and address of the person from whom the motor
vehicle is being purchased.
(9) A photocopy or electronic scan of one (1) of the following
forms of identification issued to the seller or the seller's agent:
(A) A current and valid driver's license.
(B) An identification card issued under IC 9-24-16-1 or a
similar card issued under the laws of another state or the
federal government.
(C) A government issued document bearing an image of the
seller or seller's agent, as applicable.
For purposes of complying with this subdivision, a disposal
facility or scrap metal processor is not required to make a
separate copy of the seller's or seller's agent's identification for
each purchase transaction involving the seller or seller's agent
but may instead refer to a copy maintained in reference to a
particular purchase transaction.
(c) A disposal facility or scrap metal processor may not complete
a purchase transaction in the absence of the information required
under subsection (b)(9).
(d) A disposal facility, a scrap metal processor, or an agent of a
disposal facility or scrap metal processor that knowingly or
intentionally buys a motor vehicle that is less than fifteen (15) model
years old without a certificate of title for the motor vehicle commits
a Level 6 felony.
As added by P.L.92-2013, SEC.51. Amended by P.L.217-2014,
SEC.71.
IC 9-22-5-19 Version a
Sale, giving, or disposing of vehicle to automobile scrapyard
without proper documentation; penalty
Note: This version of section effective until 1-1-2015. See also
following version of this section, effective 1-1-2015.
Sec. 19. A person who knowingly or intentionally:
(1) violates section 18 of this chapter; or
(2) purchases or accepts a vehicle with intent to scrap or
dismantle the vehicle without obtaining a certificate of authority
described in section 18(1) of this chapter or a certificate of title
issued by the bureau under IC 9-17-3 from the person who sells,
gives away, or disposes of the vehicle;
commits a Class B misdemeanor.
As added by P.L.224-2013, SEC.2.
IC 9-22-5-19 Version b
Sale, giving, or disposing of vehicle to automobile scrapyard
without proper documentation; penalty
Note: This version of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
Sec. 19. A person who knowingly or intentionally purchases or
accepts a vehicle with intent to scrap or dismantle the vehicle without
obtaining a certificate of authority described in section 18(a)(1) of
this chapter or a certificate of title issued by the bureau under
IC 9-17-3 from the person who sells, gives away, or disposes of the
vehicle commits a Class B misdemeanor.
As added by P.L.224-2013, SEC.2. Amended by P.L.217-2014,
SEC.72.
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