CHAPTER 3. RECORDS
IC 9-14-3
Chapter 3. Records
IC 9-14-3-0.3
"Digital signature" defined
Sec. 0.3. As used in this chapter, "digital signature" has themeaning set forth in IC 5-24-2-1.
As added by P.L.112-2001, SEC.1.
IC 9-14-3-0.5
"Electronic record" defined
Sec. 0.5. As used in this chapter, "electronic record" has themeaning set forth in IC 26-2-8-102.
As added by P.L.112-2001, SEC.2. Amended by P.L.110-2008,SEC.1.
IC 9-14-3-0.8
"Electronic signature" defined
Sec. 0.8. As used in this chapter, "electronic signature" has themeaning set forth in IC 26-2-8-102.
As added by P.L.112-2001, SEC.3. Amended by P.L.110-2008,SEC.2.
IC 9-14-3-1
Public inspection
Sec. 1. All records of the bureau, except:
(1) those declared by law to be confidential for the use of thebureau; or
(2) confidential voter registration information received ormaintained under IC 3-7-14, IC 9-16-7, or IC 9-24-2.5;
shall be open to public inspection during office hours in accordancewith IC 5-14.
As added by P.L.2-1991, SEC.2. Amended by P.L.12-1995, SEC.107.
IC 9-14-3-2
Information requests
Sec. 2. The bureau shall maintain records of all requests forinformation under sections 5, 6, and 10 of this chapter and of thebureau's disposition of those requests.
As added by P.L.2-1991, SEC.2.
IC 9-14-3-3
Destruction or disposal
Sec. 3. The bureau may destroy or otherwise dispose of underIC 5-15-5.1-14 any records of the bureau that have been maintainedon file for two (2) years.
As added by P.L.2-1991, SEC.2. Amended by P.L.121-1995, SEC.1.
IC 9-14-3-4
Copies Sec. 4. (a) The bureau shall prepare and deliver, upon request andpayment of the fees prescribed in IC 9-29-2-1, a certified copy of anyrecord of the bureau that is not otherwise declared by law to beconfidential.
(b) A certified copy of a record obtained under subsection (a) isadmissible in a court proceeding as if the copy were the original.
(c) An electronic record of the bureau obtained from the bureauby digital signature that bears an electronic signature is admissiblein a court proceeding as if the copy were the original.
As added by P.L.2-1991, SEC.2. Amended by P.L.112-2001, SEC.4.
IC 9-14-3-5
Title, registration, license, and permit information; disclosure;exceptions
Sec. 5. (a) Except as provided in subsection (b), (d), or (e), thebureau shall prepare and deliver information on titles, registrations,and licenses and permits upon the request of any person. All requestsmust be:
(1) submitted in writing; or
(2) made electronically through the computer gatewayadministered under IC 4-13.1-2-2(a)(5) by the office oftechnology;
to the bureau and, unless exempted under IC 9-29, must beaccompanied by the payment of the fee prescribed in IC 9-29-2-2.
(b) The bureau shall not disclose:
(1) the Social Security number;
(2) the federal identification number;
(3) the driver's license number;
(4) the digital image of the driver's license applicant;
(5) a reproduction of the signature secured under IC 9-24-9-1 orIC 9-24-16-3; or
(6) medical or disability information;
of any person except as provided in subsection (c).
(c) The bureau may disclose any information listed in subsection(b):
(1) to a law enforcement officer;
(2) to an agent or a designee of the department of state revenue;
(3) for uses permitted under IC 9-14-3.5-10(1),IC 9-14-3.5-10(4), IC 9-14-3.5-10(6), and IC 9-14-3.5-10(9); or
(4) for voter registration and election purposes required underIC 3-7 or IC 9-24-2.5.
(d) As provided under 42 U.S.C. 1973gg-3(b), the commissionmay not disclose any information concerning the failure of anapplicant for a motor vehicle driver's license to sign a voterregistration application, except as authorized under IC 3-7-14.
(e) The commission may not disclose any information concerningthe failure of an applicant for a title, registration, license, or permit(other than a motor vehicle license described under subsection (d))to sign a voter registration application, except as authorized underIC 3-7-14.As added by P.L.2-1991, SEC.2. Amended by P.L.12-1995, SEC.108;P.L.225-1999, SEC.1; P.L.34-2003, SEC.1; P.L.261-2003, SEC.9;P.L.14-2004, SEC.185; P.L.210-2005, SEC.16; P.L.198-2007,SEC.4.
IC 9-14-3-6
Compilation of information for specific purposes; certify purpose;restriction; format
Sec. 6. (a) Upon the submission to the bureau of a specific writtenrequest from an individual or organization for a compilation ofspecific information requested for the purposes described insubsection (c), the bureau may contract with the individual ororganization to compile the requested information from the recordsof the bureau.
(b) The bureau may charge an amount agreeable to the parties, asdescribed in IC 9-29-2-3.
(c) An individual or organization making a request under thissection must certify one (1) of the following:
(1) That the information is required for the purposes ofnotifying vehicle owners of vehicle defects and recall formodifications, and that the individual or organization will usethe information provided only for that purpose.
(2) That the information will be used only for research orstatistical reporting purposes and that individual identities willbe properly protected in the preparation of the research orreports and not ascertainable from the published reports orresearch results.
(3) That the information will be used for the purpose ofdocumenting the sale of motor vehicles in Indiana.
(4) That the information will be used for purposes of the federalSelective Service System.
(5) That the information will be used solely for lawenforcement purposes by police officers.
(6) That the information will be used to locate a parentdescribed in IC 31-25-3-2(c) as provided under IC 31-25-3-2.
(d) The commission may not compile or release informationconcerning voter registration under this section.
(e) The bureau shall provide the requested information under thissection in a format that is agreeable to the parties, including thefollowing formats:
(1) Printed records.
(2) Microfiche.
(3) Computer disk.
As added by P.L.2-1991, SEC.2. Amended by P.L.12-1995, SEC.109;P.L.122-1995, SEC.1; P.L.80-2010, SEC.12.
IC 9-14-3-7
Operating records; contents and admissibility
Sec. 7. (a) The bureau shall maintain an operating record for eachperson licensed by the bureau to drive a motor vehicle. (b) An operating record must contain the following:
(1) A person's convictions for any of the following:
(A) A moving traffic violation.
(B) Operating a vehicle without financial responsibility inviolation of IC 9-25.
(2) Any administrative penalty imposed by the bureau.
(3) If the driving privileges of a person have been suspended orrevoked by the bureau, an entry in the record stating that anotice of suspension or revocation was mailed by the bureauand the date of the mailing of the notice.
(4) Any suspensions, revocations, or reinstatements of aperson's driving privileges, license, or permit.
(5) Any requirement that the person may operate only a motorvehicle equipped with an certified ignition interlock device.
(c) An entry in the operating record of a defendant stating thatnotice of suspension or revocation was mailed by the bureau to thedefendant constitutes prima facie evidence that the notice was mailedto the defendant's address as shown in the official driving record.
(d) An operating record maintained under this section:
(1) is not admissible as evidence in any action for damagesarising out of a motor vehicle accident; and
(2) may not include voter registration information.
As added by P.L.2-1991, SEC.2. Amended by P.L.12-1995, SEC.110;P.L.2-1996, SEC.220; P.L.112-2001, SEC.5; P.L.76-2004, SEC.1.
IC 9-14-3-8
Unlicensed drivers; driving record and license establishment
Sec. 8. (a) The bureau may establish a driving record for anIndiana resident who does not hold any type of valid driving license,as provided in IC 9-24-18-9.
(b) The bureau shall establish a driving record for an unlicenseddriver when an abstract of court conviction is received by the bureau,as provided in IC 9-24-18-9.
(c) A driving record under this section may not include voterregistration information.
As added by P.L.2-1991, SEC.2. Amended by P.L.1-1993, SEC.52;P.L.12-1995, SEC.111; P.L.2-2005, SEC.30.
IC 9-14-3-9
Confidential records; disclosure
Sec. 9. (a) If the governor, the superintendent of the state policedepartment, or the highest officer located in Indiana of the FederalBureau of Investigation, the United States Secret Service, or theUnited States Treasury Department certifies to the bureau that:
(1) an individual named in the certificate is an officer oremployee of a state, county, or city department or bureau withpolice power;
(2) the nature of the individual's work or duties is of a secret orconfidential nature; and
(3) in the course of the individual's work the individual uses the
motor vehicle described in the certificate;
the bureau shall regard all of the bureau's records concerning thecertificate of title or certificate of registration of the motor vehicleand the operating license of the individual described in the certificateas confidential.
(b) The bureau may disclose the records described in subsection(a) only upon one (1) of the following:
(1) An order of a court of competent jurisdiction made in acause or matter pending before the court.
(2) The written request of the officer, employee, or a successorof the officer or employee making the certificate.
(3) A request of the governor.
As added by P.L.2-1991, SEC.2.
IC 9-14-3-10
International Registration Plan registrant list; disclosure
Sec. 10. (a) The department of state revenue shall adopt rulesunder IC 4-22-2 providing for the release of a list of registrants underthe International Registration Plan.
(b) The list must be limited to the following:
(1) The name of the registrant.
(2) The complete address of the registrant.
(3) The number of Indiana miles, total miles, and number ofeach type of vehicle registered by the registrant.
(c) The list described in this section is not confidential.
(d) The department of state revenue may charge a fee for the listas provided in IC 9-29-2-5.
As added by P.L.2-1991, SEC.2. Amended by P.L.61-1996, SEC.13.
IC 9-14-3-11
Violations
Sec. 11. A person who violates this chapter commits a Class Cinfraction.
As added by P.L.2-1991, SEC.2.