2016 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 22. ABANDONED, SALVAGED, AND SCRAP VEHICLES
CHAPTER 3. SALVAGE MOTOR VEHICLES
Download as PDF
<![CDATA[
IC 9-22-3
Chapter 3. Salvage Motor Vehicles
IC 9-22-3-0.5
Repealed
(As added by P.L.219-2005, SEC.12. Amended by P.L.150-2009,
SEC.16; P.L.259-2013, SEC.20. Repealed by P.L.198-2016,
SEC.379.)
IC 9-22-3-1
Guidelines for applicability of chapter
Sec. 1. The bureau shall establish guidelines for determining the
applicability of model year effective dates for each year.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.2;
P.L.125-2012, SEC.127; P.L.198-2016, SEC.380.
IC 9-22-3-2
"Fair market value"
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 upon
request.
As added by P.L.2-1991, SEC.10. Amended by P.L.198-2016,
SEC.381.
IC 9-22-3-2.5
"Flood damaged vehicle"
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 dealer licensed under IC 9-32 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.
Indiana Code 2016
As added by P.L.59-1998, SEC.3. Amended by P.L.258-1999, SEC.1;
P.L.198-2016, SEC.382.
IC 9-22-3-3
Certificate of salvage title required; violation
Sec. 3. (a) A certificate of salvage title is required for a vehicle
that is manufactured within the last seven (7) model years and meets
any of the following criteria:
(1) An insurance company has determined that it is
economically impractical to repair the wrecked, destroyed, or
damaged vehicle and has made an agreed settlement with the
insured or claimant.
(2) If the owner of the vehicle:
(A) is a business that insures its own vehicles; or
(B) acquired the vehicle after the vehicle was wrecked,
destroyed, or damaged;
the cost of repairing the wrecked, destroyed, or damaged
vehicle exceeds seventy percent (70%) of the fair market value
immediately before the vehicle was wrecked, destroyed, or
damaged.
(3) The vehicle is a flood damaged vehicle.
(b) The bureau may issue a salvage title to a vehicle that is subject
to IC 9-17 upon the request of the owner of the vehicle.
(c) A person that knowingly or intentionally fails to apply for a
salvage title as required by subsection (a) commits a Class A
infraction.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.4;
P.L.110-2006, SEC.1; P.L.188-2015, SEC.79; P.L.198-2016,
SEC.383.
IC 9-22-3-4
Repealed
(As added by P.L.2-1991, SEC.10. Amended by P.L.125-2012,
SEC.128; P.L.151-2015, SEC.18. Repealed by P.L.198-2016,
SEC.384.)
IC 9-22-3-4.1
Assignment of certificate of title by lienholder to insurance
company; certificate of salvage title; fee; violation
Sec. 4.1. (a) This section applies to a vehicle:
(1) for which an insurance company has made and paid an
agreed settlement; and
(2) that meets at least one (1) of the criteria set forth in section
3 of this chapter.
(b) A person that 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) not more than thirty (30) days
after the date of settlement.
Indiana Code 2016
(c) The insurance company shall:
(1) apply to the bureau within forty-five (45) days after receipt
of the certificate of title for a certificate of salvage title for each
vehicle subject to this chapter; and
(2) surrender the certificate of title or other proof of ownership
to the bureau and pay a salvage title fee of four dollars ($4).
The fee shall be deposited in the motor vehicle highway
account.
(d) After the bureau has received the items set forth in subsection
(c)(2), the bureau shall issue a certificate of salvage title for a vehicle
to:
(1) the owner, if the owner retains possession of the vehicle as
part of an agreed settlement with an insurance company for the
vehicle; or
(2) the insurance company, if the owner does not retain
possession.
(e) Except as provided in section 4.4 of this chapter, a person that
violates this section commits a Class D infraction.
As added by P.L.198-2016, SEC.385.
IC 9-22-3-4.2
Self-insured entity; certificate of salvage title; fee
Sec. 4.2. (a) A self-insured entity that owns a vehicle that meets
at least one (1) of the criteria set forth in section 3 of this chapter
shall apply to the bureau within forty-five (45) days after the date of
loss for a certificate of salvage title in the name of the self-insured
entity's name.
(b) Any other person acquiring a wrecked or damaged 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 forty-five (45) days after
acquiring the vehicle for a certificate of salvage title.
(c) The bureau shall issue a certificate of salvage title as proof of
ownership for a salvage vehicle when the acquiring person does the
following:
(1) Makes a proper application in the manner and form
prescribed by the bureau.
(2) Pays a salvage title fee of four dollars ($4). The fee shall be
deposited in the motor vehicle highway account.
(3) Surrenders the vehicle's original certificate of title or other
proof of ownership as determined by the bureau.
(d) Except as provided in section 4.4 of this chapter, a person that
violates this section commits a Class D infraction.
As added by P.L.198-2016, SEC.386.
IC 9-22-3-4.3
Delinquent certificate of salvage title; administrative penalty
Sec. 4.3. (a) The bureau shall collect an administrative penalty of
Indiana Code 2016
ten dollars ($10) if:
(1) a purchaser or transferee of a salvage vehicle fails to apply
for a certificate of salvage title or a transfer of title, by
assignment, not later than forty-five (45) days after the salvage
vehicle is purchased or otherwise acquired; or
(2) the owner of a salvage vehicle retains possession of the
salvage vehicle and the owner fails to apply for a certificate of
salvage title not later than forty-five (45) days after the
settlement of loss with the insurance company.
The fee shall be deposited in the motor vehicle highway account.
(b) Except as provided in section 4.4 of this chapter, a person that
violates this section commits a Class D infraction.
As added by P.L.198-2016, SEC.387.
IC 9-22-3-4.4
"Other proof of ownership"; fraudulent document or affidavit;
violation
Sec. 4.4. (a) For purposes of sections 4.1, 4.2, and 4.3 of this
chapter, "other proof of ownership" with respect to a vehicle includes
the following items that contain the electronic signature of the owner
without notarization:
(1) A document granting an insurance company a limited power
of attorney.
(2) An affidavit transferring title to an insurance company.
(3) Another document authorizing an insurance company to
assign ownership of the motor vehicle.
(b) A person that violates section 4.1, 4.2, or 4.3 of this chapter by
knowingly or intentionally submitting a fraudulent document or
affidavit described in subsection (a) commits a Class A infraction.
As added by P.L.198-2016, SEC.388.
IC 9-22-3-5
Certificate of salvage title; contents
Sec. 5. A certificate of salvage title issued under 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 of the title.
(3) If the motor vehicle is a flood damaged vehicle, the notation
"FLOOD DAMAGED" prominently recorded on the front 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; P.L.198-2016,
SEC.389.
IC 9-22-3-6
Certificate of salvage title; assignment by owner of salvage vehicle
Indiana Code 2016
Sec. 6. A certificate of salvage title issued under 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. Amended by P.L.198-2016,
SEC.390.
IC 9-22-3-7
Certificate of salvage title; assignment by dealer
Sec. 7. (a) A dealer licensed under IC 9-32 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 dealer 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; P.L.198-2016, SEC.391.
IC 9-22-3-7.5
Affidavit regarding flood damage to vehicle; violation
Sec. 7.5. (a) A dealer licensed under IC 9-32 shall secure an
affidavit from the person that holds the certificate of title on the date
of receiving a title by sale or transfer. 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) 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).
(d) A dealer that knowingly or intentionally fails to comply with
subsection (a) or (b) commits a Class B misdemeanor.
(e) A person that knowingly or intentionally submits a fraudulent
affidavit under subsection (a) commits a Class A infraction.
As added by P.L.258-1999, SEC.2. Amended by P.L.106-2010,
SEC.1; P.L.188-2015, SEC.80; P.L.198-2016, SEC.392.
IC 9-22-3-8
Repealed
(As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998,
SEC.6; P.L.217-2014, SEC.67. Repealed by P.L.198-2016, SEC.393.)
IC 9-22-3-9
Repealed
(As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998,
SEC.7. Repealed by P.L.125-2012, SEC.130.)
IC 9-22-3-10
Duplicate certificate of salvage title; fee
Indiana Code 2016
Sec. 10. (a) If a certificate of salvage title is lost, mutilated, or
destroyed or becomes illegible, the person that owns the vehicle or
the legal representative or legal successor in interest of the person
that owns the vehicle for which the certificate of salvage title was
issued, as shown by the records of the bureau, shall 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 a salvage title fee of four dollars
($4). The fee shall be deposited in the motor vehicle highway
account.
(c) Upon the issuance of a duplicate certificate of salvage title, the
most recent certificate of salvage title issued is considered void by
the bureau.
(d) A certificate of salvage title issued under this section must
have recorded upon the title's front the words "DUPLICATE
SALVAGE TITLE".
(e) 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 front 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; P.L.198-2016, SEC.394.
IC 9-22-3-11
Repealed
(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. Repealed by
P.L.198-2016, SEC.395.)
IC 9-22-3-12
Repealed
(As added by P.L.2-1991, SEC.10. Repealed by P.L.125-2012,
SEC.133.)
IC 9-22-3-13
Demolished or destroyed vehicles
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 recycling 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;
Indiana Code 2016
P.L.125-2012, SEC.134; P.L.262-2013, SEC.110; P.L.151-2015,
SEC.19.
IC 9-22-3-14
Repealed
(As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992,
SEC.12. Repealed by P.L.125-2012, SEC.135.)
IC 9-22-3-15
Rebuilt salvage motor vehicles; issuance of certificate of title
Sec. 15. (a) If a salvage vehicle is rebuilt for operation upon the
highways and ownership is evidenced by a certificate of salvage title,
the person that owns the vehicle shall apply to the bureau for a
certificate of title with a rebuilt designation. The bureau shall issue
a certificate of title under IC 9-17 with a rebuilt designation, subject
to the following conditions:
(1) A state police officer inspects the vehicle and verifies proof
of ownership of major component parts used and the source of
the major component parts.
(2) The person that owns the vehicle submits, on a form
prescribed by the bureau, a properly executed affidavit from the
person that restored the motor vehicle. The affidavit must:
(A) include the name, identification number, and source of
all component parts that were included in the restoration of
the vehicle; and
(B) be attached to the certificate of salvage title.
(3) The person that owns the vehicle surrenders the certificate
of salvage title.
A condition under this subsection is in addition to any requirements
under IC 9-17.
(b) Except as provided in subsection (c), a certificate of title
issued under this section must conspicuously bear the designation:
(1) "REBUILT VEHICLE" if the vehicle is not a flood damaged
vehicle; or
(2) "REBUILT FLOOD DAMAGED VEHICLE" if the vehicle
is a flood damaged vehicle.
(c) An insurance company authorized to do business in Indiana
may obtain a certificate of title that does not bear the rebuilt
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 vehicle did not meet the criteria set forth
in section 3 of this chapter.
(d) A person that knowingly or intentionally violates this section
commits a Class A infraction.
As added by P.L.2-1991, SEC.10. Amended by P.L.198-2016,
SEC.396.
IC 9-22-3-16
Indiana Code 2016
Repealed
(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;
P.L.188-2015, SEC.81. Repealed by P.L.198-2016, SEC.397.)
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; violation
Sec. 18.5. (a) A person 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 person
knows or should reasonably know the vehicle is a rebuilt vehicle.
(b) A person that knowingly or intentionally sells, exchanges, or
transfers a rebuilt vehicle without disclosing in writing under
subsection (a) the fact that the vehicle is a rebuilt vehicle commits a
Class A misdemeanor.
As added by P.L.125-2012, SEC.139. Amended by P.L.188-2015,
SEC.82; P.L.198-2016, SEC.398.
Indiana Code 2016
IC 9-22-3-19
Recordkeeping forms; violation
Sec. 19. (a) The secretary of state shall prescribe recordkeeping
forms to be used by an automotive salvage recycler licensed under
IC 9-32 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 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 that is licensed under IC 9-32 and that is required to
keep records under this section.
(e) An automotive salvage recycler licensed under IC 9-32 that
knowingly or intentionally fails to:
(1) maintain records regarding salvage vehicles or major
component parts acquired or sold by the business; or
(2) maintain records regarding salvage vehicles or major
component parts on forms that comply with subsection (b);
commits a Class A infraction.
As added by P.L.2-1991, SEC.10. Amended by P.L.106-2008,
SEC.17; P.L.92-2013, SEC.47; P.L.151-2015, SEC.20;
P.L.188-2015, SEC.83; P.L.198-2016, SEC.399.
Indiana Code 2016
IC 9-22-3-20
Retention of records; violation
Sec. 20. (a) 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.
(b) An automotive salvage recycler that knowingly or
intentionally fails to comply with subsection (a) commits a Class B
misdemeanor.
As added by P.L.2-1991, SEC.10. Amended by P.L.93-2010, SEC.8;
P.L.188-2015, SEC.84; P.L.198-2016, SEC.400.
IC 9-22-3-21
Availability and production of records; violation
Sec. 21. (a) 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.
(b) An automotive salvage recycler that fails to make available or
produce the records described under section 19 of this chapter for a
police officer or an authorized agent of the secretary of the state
commits a Class A infraction.
As added by P.L.2-1991, SEC.10. Amended by P.L.93-2010, SEC.9;
P.L.188-2015, SEC.85; P.L.198-2016, SEC.401.
IC 9-22-3-22
Late model vehicles purchased by disposal facilities or automotive
salvage rebuilders; completion of recordkeeping forms; violation
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 recycling facility
or automotive salvage rebuilder.
(b) A recycling 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.
(c) A recycling facility or automotive salvage rebuilder that fails
to comply with subsection (a) or (b) commits a Class A infraction.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.12;
P.L.92-2013, SEC.48; P.L.151-2015, SEC.21; P.L.188-2015,
SEC.86.
IC 9-22-3-23
Inspection of records by police officers; examination of business
premises; violation
Sec. 23. (a) 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
Indiana Code 2016
examination of the premises of the licensee's established place of
business for the purpose of determining the accuracy of the required
records.
(b) A recycling facility, automotive salvage rebuilder, or used
parts dealer that knowingly or intentionally fails to:
(1) maintain records as required under this chapter; or
(2) allow an inspection of a licensee's established place of
business for the purpose of determining the accuracy of
required records;
commits a Class A infraction.
As added by P.L.2-1991, SEC.10. Amended by P.L.188-2015,
SEC.87.
IC 9-22-3-24
Entry onto premises to inspect vehicles, parts, records, or
certificates of title; violation
Sec. 24. (a) 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 an automotive salvage recycler during normal business hours to
inspect a vehicle, major component part, records, certificate of title,
and other ownership documents to determine compliance with this
chapter.
(b) A person that knowingly or intentionally prevents the
secretary of state, a police officer, or agent of the secretary of state
from inspecting a vehicle, a major component part, a record, a
certificate of title, or another ownership document during normal
business hours commits a Class A infraction.
As added by P.L.2-1991, SEC.10. Amended by P.L.93-2010, SEC.10;
P.L.151-2015, SEC.22; P.L.188-2015, SEC.88; P.L.198-2016,
SEC.402.
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.
Indiana Code 2016
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
recycling 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. Amended by P.L.151-2015,
SEC.23.
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
(As added by P.L.2-1991, SEC.10. Repealed by P.L.2-2014,
SEC.38.)
IC 9-22-3-31
Sale or offer to sell manufacturer's identification plate or serial
plate removed from vehicle that is total loss or salvage;
classification of offense
Sec. 31. A person that knowingly or intentionally possesses, buys,
sells, exchanges, gives away, or offers to buy, sell, exchange or give
Indiana Code 2016
away a manufacturer's identification plate or serial plate that has
been removed from a 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; P.L.198-2016, SEC.403.
IC 9-22-3-32
Nontitle state certificates of title or ownership papers; violations;
classification of offense
Sec. 32. A person that 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
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; P.L.198-2016, SEC.404.
IC 9-22-3-33
Repealed
(As added by P.L.2-1991, SEC.10. Amended by P.L.125-2012,
SEC.140; P.L.92-2013, SEC.49; P.L.158-2013, SEC.151;
P.L.168-2014, SEC.17. Repealed by P.L.217-2014, SEC.69.)
IC 9-22-3-34
Repealed
(As added by P.L.2-1991, SEC.10. Repealed by P.L.188-2015,
SEC.89.)
IC 9-22-3-35
Commencement of prosecution; indictment or information
Sec. 35. The prosecution of a recycling 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. Amended by P.L.151-2015,
SEC.24.
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.
Indiana Code 2016
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. A person who violates this chapter (other than section 4
of 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;
P.L.109-2015, SEC.29; P.L.198-2016, SEC.405.
Indiana Code 2016
]]>
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.
