CHAPTER 2. GENERAL PROCEDURES FOR OBTAINING CERTIFICATES OF TITLE
IC 9-17-2
Chapter 2. General Procedures for Obtaining Certificates of Title
IC 9-17-2-0.5
"Registered importer"
Sec. 0.5. As used in this chapter, "registered importer" means aperson that is:
(1) registered as an importer with the National Highway TrafficSafety Administration;
(2) a licensed dealer currently in good standing with the state;and
(3) a validated member of the United States Department ofHomeland Security's Customs-Trade Partnership AgainstTerrorism (C-TPAT) administered by the United StatesCustoms and Border Protection.
As added by P.L.107-2008, SEC.9; P.L.131-2008, SEC.37.
IC 9-17-2-1
Time period; vehicles requiring certificates; proof of residency
Sec. 1. (a) This section does not apply to an off-road vehicle thatis at least five (5) model years old.
(b) Within sixty (60) days after becoming an Indiana resident, aperson must obtain a certificate of title for all vehicles owned by theperson that:
(1) are subject to the motor vehicle excise tax under IC 6-6-5;or
(2) are off-road vehicles;
and that will be operated in Indiana.
(c) Within sixty (60) days after becoming an Indiana resident, aperson shall obtain a certificate of title for all commercial vehiclesowned by the person that:
(1) are subject to the commercial vehicle excise tax underIC 6-6-5.5;
(2) are not subject to proportional registration under theInternational Registration Plan; and
(3) will be operated in Indiana.
(d) Within sixty (60) days after becoming an Indiana resident, aperson must obtain a certificate of title for all recreational vehiclesowned by the person that:
(1) are subject to the excise tax imposed under IC 6-6-5.1; and
(2) will be operated in Indiana.
(e) A person must produce evidence concerning the date on whichthe person became an Indiana resident.
As added by P.L.2-1991, SEC.5. Amended by P.L.181-1999, SEC.10;P.L.219-2005, SEC.4; P.L.131-2008, SEC.38.
IC 9-17-2-1.5
Title for off-road vehicle; exception
Sec. 1.5. (a) This section does not apply to an off-road vehicle thatis at least five (5) model years old. (b) A person who purchases an off-road vehicle after December31, 2005, must obtain a certificate of title for the off-road vehiclefrom the bureau.
As added by P.L.219-2005, SEC.5.
IC 9-17-2-2
Application; contents
Sec. 2. (a) A person applying for a certificate of title for a vehiclemust submit an application on a form furnished by the bureau thatcontains the following information:
(1) A full description of the vehicle.
(2) A statement of the person's title and of any lien orencumbrance on the vehicle.
(3) Other information the bureau requires.
(b) This subsection applies only to an individual who receives aninterest in a vehicle under IC 9-17-3-9. To obtain a certificate of titlefor the vehicle, the individual must do the following:
(1) Surrender the certificate of title designating the individualas a transfer on death beneficiary.
(2) Submit proof of the transferor's death.
(3) Submit an application for a certificate of title on a formfurnished by the bureau that meets the requirements ofsubsection (a).
As added by P.L.2-1991, SEC.5. Amended by P.L.83-2008, SEC.3.
IC 9-17-2-3
Oath and affirmation; signature; transfer statement
Sec. 3. (a) The form described under section 2 of this chaptermust include the following printed statement:
"I swear or affirm that the information I have entered on thisform is correct. I understand that making a false statement onthis form may constitute the crime of perjury.".
(b) The person applying for the certificate of title must sign theform directly below the printed statement.
(c) The form described under section 2 of this chapter mustinclude the statement required by IC 9-17-3-3.2.
As added by P.L.2-1991, SEC.5. Amended by P.L.131-2008, SEC.39.
IC 9-17-2-4
Certificates of title previously issued; manufacturer's certificate oforigin
Sec. 4. If a certificate of title:
(1) has been previously issued for a vehicle in Indiana, anapplication for a certificate of title must be accompanied by thepreviously issued certificate of title, unless otherwise provided;or
(2) has not previously been issued for a vehicle in Indiana, anapplication for a certificate of title must be accompanied by amanufacturer's certificate of origin as provided in IC 9-17-8,unless otherwise provided.As added by P.L.2-1991, SEC.5.
IC 9-17-2-5
Out-of-state vehicles brought into Indiana; documentsaccompanying application
Sec. 5. If an application for a certificate of title is for a vehicle oroff-road vehicle brought into Indiana from another state, theapplication must be accompanied by:
(1) the certificate of title issued for the vehicle or off-roadvehicle by the other state if the other state has a certificate oftitle law;
(2) a sworn bill of sale or dealer's invoice fully describing thevehicle or off-road vehicle and the most recent registrationreceipt issued for the vehicle or off-road vehicle if the otherstate does not have a certificate of title law; or
(3) other information that the bureau requires, if the other statedoes not have a certificate of title or registration law thatpertains to the vehicle or off-road vehicle.
As added by P.L.2-1991, SEC.5. Amended by P.L.219-2005, SEC.6.
IC 9-17-2-6
Vehicles weighing 16,000 pounds or less; odometer reading; falseinformation; bureau immunity
Sec. 6. (a) This section does not apply to a motor vehiclerequiring a certificate of title under section 1(b)(2) or 1.5 of thischapter.
(b) A certificate of title issued for a vehicle that is required to beregistered under this title at a declared gross weight of sixteenthousand (16,000) pounds or less must contain the odometer readingof the vehicle in miles or kilometers as of the date of sale or transferof the vehicle.
(c) A person may not knowingly furnish to the bureau odometerinformation that does not accurately indicate the total recorded milesor kilometers on the vehicle.
(d) The bureau and its license branches are not subject to acriminal or civil action by a person for an invalid odometer readingon a certificate of title.
As added by P.L.2-1991, SEC.5. Amended by P.L.95-1997, SEC.1;P.L.219-2005, SEC.7.
IC 9-17-2-7
Evidence of title; retention by bureau
Sec. 7. The bureau shall retain the evidence of title presented bya person upon which the Indiana certificate of title is issued.
As added by P.L.2-1991, SEC.5.
IC 9-17-2-8
Review of application by bureau; reasonable diligence
Sec. 8. The bureau shall use reasonable diligence in determiningif the facts stated in an application for a certificate of title are true.As added by P.L.2-1991, SEC.5.
IC 9-17-2-9
Registration; application; transfer of current registration
Sec. 9. (a) This section does not apply to a motor vehiclerequiring a certificate of title under section 1(b)(2) or 1.5 of thischapter.
(b) A person applying for a certificate of title must:
(1) apply for registration of the vehicle described in theapplication for the certificate of title; or
(2) transfer the current registration of the vehicle owned orpreviously owned by the person.
As added by P.L.2-1991, SEC.5. Amended by P.L.219-2005, SEC.8;P.L.1-2007, SEC.82.
IC 9-17-2-10
Issuance of certificate; conditions
Sec. 10. If the bureau is satisfied that the person applying for acertificate of title is the owner of the vehicle or is otherwise entitledto have the vehicle registered in the person's name, the bureau mayissue a certificate of title for the vehicle.
As added by P.L.2-1991, SEC.5.
IC 9-17-2-11
Delivery of certificate; lien or encumbrance
Sec. 11. (a) The bureau shall deliver a certificate of title to theperson who owns the vehicle if no lien or encumbrance appears onthe certificate of title.
(b) If a lien or an encumbrance appears on the vehicle, the bureaushall deliver the certificate of title to the person named to receive thecertificate of title in the application for the certificate of title.
As added by P.L.2-1991, SEC.5.
IC 9-17-2-12
Inspection of vehicle
Sec. 12. (a) As used in this section, "dealer" refers to a dealer thathas:
(1) been in business for not less than five (5) years; and
(2) sold not less than one hundred fifty (150) motor vehiclesduring the preceding calendar year.
(b) This section does not apply to the following:
(1) A new motor vehicle or recreational vehicle sold by a dealerlicensed by the state.
(2) A motor vehicle or recreational vehicle transferred orassigned on a certificate of title issued by the bureau.
(3) A motor vehicle that is registered under the InternationalRegistration Plan.
(4) A motor vehicle that is titled in the name of a financialinstitution, lending institution, or insurance company in Canadaand imported by a registered importer, if: (A) the registered importer complies with section 12.5(a) ofthis chapter; and
(B) section 12.5(d) of this chapter does not apply to themotor vehicle.
(5) A motor vehicle that is titled in another state and is in thelawful possession of a financial institution, a lending institution,or an insurance company, if:
(A) the financial institution, lending institution, or insurancecompany complies with section 12.5(b) of this chapter; and
(B) section 12.5(d) of this chapter does not apply to themotor vehicle.
(c) An application for a certificate of title for a motor vehicle orrecreational vehicle may not be accepted by the bureau unless themotor vehicle or recreational vehicle has been inspected by one (1)of the following:
(1) An employee of a dealer designated by the secretary of stateto perform an inspection.
(2) A military policeman assigned to a military post in Indiana.
(3) A police officer.
(4) A designated employee of the bureau.
(d) A person described in subsection (c) inspecting a motorvehicle, semitrailer, or recreational vehicle shall do the following:
(1) Make a record of inspection upon the application formprepared by the bureau.
(2) Verify the facts set out in the application.
As added by P.L.2-1991, SEC.5. Amended by P.L.81-1991, SEC.4;P.L.117-1993, SEC.1; P.L.113-1995, SEC.1; P.L.2-1996, SEC.222;P.L.106-2008, SEC.3; P.L.107-2008, SEC.10; P.L.131-2008,SEC.40; P.L.1-2009, SEC.78.
IC 9-17-2-12.5
Documentation required for issuance of certificate of title withoutinspection
Sec. 12.5. (a) Except as provided in subsection (d), the bureaumay accept an application for a certificate of title for a motor vehiclethat is titled in the name of a financial institution, a lendinginstitution, or an insurance company in Canada and imported by aregistered importer without requiring an inspection under section12(c) of this chapter if the registered importer presents the bureauwith the following documentation relating to the motor vehicle:
(1) A copy of the registered importer's validation agreementissued by the United States Customs and Border Protection(CBP).
(2) A copy of the entry summary issued by the United StatesCustoms and Border Protection (CBP Form 7501).
(3) A vehicle history report issued by an independent providerof vehicle history information that includes:
(A) the vehicle's title information;
(B) the vehicle's odometer readings; and
(C) the number of owners of the vehicle. (b) Except as provided in subsection (d), the bureau may acceptan application for a certificate of title for a motor vehicle that is titledin another state and is in the lawful possession of a financialinstitution, a lending institution, or an insurance company if thefinancial institution, lending institution, or insurance companypresents to the bureau a vehicle history report issued by anindependent provider of vehicle history information that includes:
(1) the motor vehicle's title information;
(2) the motor vehicle's odometer readings; and
(3) the number of owners of the motor vehicle.
(c) A:
(1) registered importer; or
(2) financial institution, a lending institution, or an insurancecompany;
must maintain a copy of all documentation required by this sectionfor at least ten (10) years.
(d) An inspection of a motor vehicle described in subsection (a)or (b) is required under section 12(c) of this chapter if:
(1) the registered importer; or
(2) the financial institution, lending institution, or insurancecompany;
is unable to provide the bureau with the documentation required bythis section.
As added by P.L.107-2008, SEC.11; P.L.131-2008, SEC.41.
IC 9-17-2-13
Operation of motor vehicle; requirements; out-of-state vehicles;violation
Sec. 13. (a) Except as provided in subsection (b), a person maynot operate or permit to be operated upon the highways a motorvehicle, semitrailer, or recreational vehicle under an Indianaregistration number unless a certificate of title has been issued underthis chapter for the motor vehicle, semitrailer, or recreational vehicle.
(b) A person may operate a motor vehicle, semitrailer, orrecreational vehicle upon highways without an Indiana certificate oftitle if the motor vehicle, semitrailer, or recreational vehicle:
(1) is:
(A) fully titled and registered in another state; and
(B) operating under an Indiana trip permit or temporaryregistration; or
(2) is registered under apportioned registration of theInternational Registration Plan and based in a state other thanIndiana.
(c) A person who owns a motor vehicle, semitrailer, orrecreational vehicle may declare Indiana as the person's base withoutobtaining an Indiana certificate of title if:
(1) the person's state of residence is not a member of theInternational Registration Plan; and
(2) the person presents satisfactory proof of ownership from theresident state.As added by P.L.2-1991, SEC.5.
IC 9-17-2-14
Violation of chapter; Class C infraction; Class B infraction
Sec. 14. (a) Except as provided in:
(1) subsection (b);
(2) section 15 of this chapter; and
(3) section 16 of this chapter;
a person who violates this chapter commits a Class C infraction.
(b) A person who violates section 6 of this chapter commits aClass B infraction.
As added by P.L.2-1991, SEC.5.
IC 9-17-2-15
Sale, purchase, or possession of certificate not issued by bureau;Class C infraction
Sec. 15. A person who knowingly sells, offers to sell, buys,possesses, or offers as genuine a certificate of title for a motorvehicle, semitrailer, or recreational vehicle that is required to beissued by the bureau and has not been issued by the:
(1) bureau under this article; or
(2) appropriate governmental authority of another state;
commits a Class C misdemeanor.
As added by P.L.2-1991, SEC.5.
IC 9-17-2-16
Counterfeits and false reproductions; Class B misdemeanor;suspension of license
Sec. 16. (a) A person who counterfeits or falsely reproduces acertificate of title for a motor vehicle, semitrailer, or recreationalvehicle with intent to:
(1) use the certificate of title; or
(2) permit another person to use the certificate of title;
commits a Class B misdemeanor.
(b) The bureau shall suspend the driver's license or permit of aperson who uses or possesses a certificate of title described undersubsection (a) for ninety (90) days. This mandatory suspension is inaddition to sanctions provided in IC 9-30-4-9.
As added by P.L.2-1991, SEC.5.
IC 9-17-2-17
Off-road vehicle; registration required with department of naturalresources
Sec. 17. A certificate of title issued under this chapter does notrelieve an owner of an off-road vehicle from any registrationrequirement for the off-road vehicle under IC 14-16-1.
As added by P.L.219-2005, SEC.9.