CHAPTER 1. ABANDONED VEHICLES
IC 9-22
ARTICLE 22. ABANDONED, SALVAGED, ANDSCRAP VEHICLES
IC 9-22-1
Chapter 1. Abandoned Vehicles
IC 9-22-1-1
Application of chapter
Sec. 1. This chapter does not apply to the following:
(1) A vehicle in operable condition specifically adapted orconstructed for operation on privately owned raceways.
(2) A vehicle stored as the property of a member of the armedforces of the United States who is on active duty assignment.
(3) A vehicle located on a vehicle sale lot.
(4) A vehicle located upon property licensed or zoned as anautomobile scrapyard.
(5) A vehicle registered and licensed under IC 9-18-12 as anantique vehicle.
(6) A golf cart.
As added by P.L.2-1991, SEC.10. Amended by P.L.108-2001, SEC.2;P.L.150-2009, SEC.15.
IC 9-22-1-2
Officer defined
Sec. 2. As used in this chapter, "officer" means the following:
(1) A regular member of the state police department.
(2) A regular member of a city or town police department.
(3) A town marshal or town marshal deputy.
(4) A regular member of the county police force.
(5) An individual of an agency designated by ordinance of thefiscal body.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-3
Public agency defined
Sec. 3. As used in this chapter, "public agency" means a localagency given the responsibility by statute or ordinance for theremoval, storage, and disposal of abandoned vehicles.
As added by P.L.2-1991, SEC.10. Amended by P.L.191-2007, SEC.6.
IC 9-22-1-3.5
Storage yard defined
Sec. 3.5. As used in this chapter, "storage yard" means a storagefacility or a towing service used for the removal and storage ofabandoned vehicles or parts.
As added by P.L.104-2005, SEC.2.
IC 9-22-1-4
Responsibility and liability of owner of abandoned vehicle or parts;
limitation of costs for storage
Sec. 4. (a) Except as provided in subsection (c), the person whoowns an abandoned vehicle or parts is:
(1) responsible for the abandonment; and
(2) liable for all of the costs incidental to the removal, storage,and disposal;
of the vehicle or the parts under this chapter.
(b) The costs for storage of an abandoned vehicle may not exceedone thousand five hundred dollars ($1,500).
(c) If an abandoned vehicle is sold by a person who removed,towed, or stored the vehicle, the person who previously owned thevehicle is not responsible for storage fees.
(d) If an abandoned vehicle is sold by a person who removed,towed, or stored the vehicle, and proceeds from the sale of thevehicle covered the removal, towing, and storage expenses, anyremaining proceeds from the sale of the vehicle shall be returned tothe previous owner of the vehicle if the previous owner is known.
As added by P.L.2-1991, SEC.10. Amended by P.L.104-2005, SEC.3;P.L.191-2007, SEC.7.
IC 9-22-1-5
Discovery of possession by person other than vehicle owner
Sec. 5. When an officer discovers a vehicle in the possession ofa person other than the person who owns the vehicle and the personcannot establish the right to possession of the vehicle, the vehicleshall be taken to and stored in a suitable place.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-6
Notice to bureau of vehicle discovered in possession of person otherthan owner
Sec. 6. The bureau shall be notified within seventy-two (72) hoursof the location and description of a vehicle described in section 5 ofthis chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.191-2007, SEC.8.
IC 9-22-1-7
Inability to determine ownership; declaring vehicle abandoned
Sec. 7. If:
(1) the person who owns or holds a lien under section 8 of thischapter does not appear and pay all costs; or
(2) the person who owns a vehicle cannot be determined by asearch conducted under section 19 of this chapter;
the vehicle is considered abandoned and must be disposed of underthis chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.191-2007, SEC.9.
IC 9-22-1-8
Release to owner or lienholder of stored vehicle
Sec. 8. If the properly identified person who owns or holds a lien
on a vehicle appears at the site of storage before disposal of thevehicle or parts and pays all costs incurred against the vehicle orparts at that time, the vehicle or parts shall be released.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-9
Release; contents; notice by towing service
Sec. 9. The release must state the name, signature, and address ofthe person who owns or holds a lien on the vehicle, a description ofthe vehicle or parts, costs, and date of release. A towing service shallnotify the appropriate public agency of all releases under section 8of this chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992, SEC.4;P.L.191-2007, SEC.10.
IC 9-22-1-10
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-11
Tagging abandoned vehicle or parts
Sec. 11. An officer who finds or is notified of a vehicle or partsbelieved to be abandoned shall attach in a prominent place a noticetag containing the following information:
(1) The date, time, officer's name, public agency, and addressand telephone number to contact for information.
(2) That the vehicle or parts are considered abandoned.
(3) That the vehicle or parts will be removed after:
(A) twenty-four (24) hours, if the vehicle is located on orwithin the right-of-way of an interstate highway or anyhighway that is designated as part of the state highwaysystem under IC 8-23-4; or
(B) seventy-two (72) hours, for any other vehicle.
(4) That the person who owns the vehicle will be heldresponsible for all costs incidental to the removal, storage, anddisposal of the vehicle.
(5) That the person who owns the vehicle may avoid costs byremoval of the vehicle or parts within:
(A) twenty-four (24) hours, if the vehicle is located on orwithin the right-of-way of an interstate highway or anyhighway that is designated as part of the state highwaysystem under IC 8-23-4; or
(B) seventy-two (72) hours, for any other vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992, SEC.5;P.L.131-2008, SEC.47; P.L.54-2009, SEC.6.
IC 9-22-1-12
Officer's abandoned vehicle report; photographs
Sec. 12. If a vehicle or a part tagged under section 11 of thischapter is not removed within the applicable period, the officer shall
prepare a written abandoned vehicle report of the vehicle or parts,including information on the condition, missing parts, and other factsthat might substantiate the estimated market value of the vehicle orparts. Photographs shall be taken to describe the condition of thevehicle or parts.
As added by P.L.2-1991, SEC.10. Amended by P.L.131-2008,SEC.48.
IC 9-22-1-13
Disposal of vehicle or parts; retention of records and photographsby bureau
Sec. 13. (a) If in the opinion of the officer the market value of anabandoned vehicle or parts determined in accordance with section 12of this chapter is less than:
(1) five hundred dollars ($500); or
(2) in a municipality that has adopted an ordinance undersubsection (b), the amount established by the ordinance;
the officer shall immediately dispose of the vehicle to a storage yard.A copy of the abandoned vehicle report and photographs relating tothe abandoned vehicle shall be forwarded to the bureau. A towingservice may dispose of an abandoned vehicle not less than thirty (30)days after the date on which the towing service removed theabandoned vehicle. A city, county, or town that operates a storageyard under IC 36-9-30-3 may dispose of an abandoned vehicle to anautomobile scrapyard or an automotive salvage recycler uponremoval of the abandoned vehicle. The public agency disposing ofthe vehicle shall retain the original records and photographs for atleast two (2) years.
(b) The legislative body of a municipality (as defined inIC 36-1-2-11) may adopt an ordinance that establishes the marketvalue below which an officer may dispose of a vehicle or parts undersubsection (a). However, the market value established by theordinance may not be more than seven hundred fifty dollars ($750).
As added by P.L.2-1991, SEC.10. Amended by P.L.92-1997, SEC.2;P.L.104-2005, SEC.4; P.L.191-2007, SEC.11.
IC 9-22-1-14
Duties of tagging officer; towing and storage of vehicle or parts
Sec. 14. (a) If in the opinion of the officer the market value of theabandoned vehicle or parts determined in accordance with section 12of this chapter is at least:
(1) five hundred dollars ($500); or
(2) in a municipality that has adopted an ordinance undersection 13(b) of this chapter, the amount established by theordinance;
the officer, before placing a notice tag on the vehicle or parts, shallmake a reasonable effort to ascertain the person who owns thevehicle or parts or who may be in control of the vehicle or parts.
(b) After seventy-two (72) hours, the officer shall require thevehicle or parts to be towed to a storage yard or towing service.As added by P.L.2-1991, SEC.10. Amended by P.L.92-1997, SEC.3;P.L.104-2005, SEC.5.
IC 9-22-1-15
Discovery of vehicle abandoned on private property
Sec. 15. (a) A person who finds a vehicle believed to beabandoned on private property that the person owns or controls,including rental property, may:
(1) obtain the assistance of an officer under section 18 of thischapter to have the vehicle removed; or
(2) personally arrange for the removal of the vehicle bycomplying with subsection (b) and section 16 of this chapter.
(b) If the person wishes to personally arrange for the removal ofthe vehicle, the person shall attach in a prominent place a notice tagcontaining the following information:
(1) The date, time, name, and address of the person who ownsor controls the private property and a telephone number tocontact for information.
(2) That the vehicle is considered abandoned.
(3) That the vehicle will be removed after twenty-four (24)hours.
(4) That the person who owns the vehicle will be heldresponsible for all costs incidental to the removal, storage, anddisposal of the vehicle.
(5) That the person who owns the vehicle may avoid costs byremoval of the vehicle or parts within twenty-four (24) hours.
As added by P.L.2-1991, SEC.10. Amended by P.L.130-1995, SEC.1;P.L.108-2001, SEC.3; P.L.54-2009, SEC.7.
IC 9-22-1-16
Towing vehicle from private property
Sec. 16. (a) If after twenty-four (24) hours the person who ownsa vehicle believed to be abandoned on private property that theperson owns or controls, including rental property, has not removedthe vehicle from the private property, the person who owns orcontrols the private property may have the vehicle towed from theprivate property.
(b) Notwithstanding subsection (a), in an emergency situation avehicle may be removed immediately. As used in this subsection,"emergency situation" means that the presence of the abandonedvehicle interferes physically with the conduct of normal businessoperations of the person who owns or controls the private propertyor poses a threat to the safety or security of persons or property, orboth.
As added by P.L.2-1991, SEC.10. Amended by P.L.130-1995, SEC.2;P.L.108-2001, SEC.4; P.L.104-2005, SEC.6; P.L.191-2007, SEC.12;P.L.54-2009, SEC.8.
IC 9-22-1-17
Notice to bureau given by service towing vehicle from rental
property
Sec. 17. A towing service that tows a vehicle under section 5 or16 of this chapter shall give notice to the public agency that theabandoned vehicle is in the possession of the towing service.
As added by P.L.2-1991, SEC.10. Amended by P.L.191-2007,SEC.13.
IC 9-22-1-18
Complaint by person owning or controlling private property
Sec. 18. Upon complaint of a person who owns or controls privateproperty that a vehicle has been left on the property for at leastforty-eight (48) hours without the consent of the person who owns orcontrols the property, an officer shall follow the procedures set forthin sections 11 through 14 of this chapter.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-19
Abandoned vehicle report; national data base search; notice toowner or lienholder; reimbursement
Sec. 19. (a) Within seventy-two (72) hours after removal of avehicle to a storage yard or towing service under section 5, 13, 14, or16 of this chapter, the public agency or towing service shall do thefollowing:
(1) Prepare and forward to the bureau a report containing adescription of the vehicle, including the following informationconcerning the vehicle:
(A) The make.
(B) The model.
(C) The identification number.
(D) The number of the license plate.
(2) Conduct a search of national data bases, including a database of vehicle identification numbers, to attempt to obtain thename and address of the person who owns or holds a lien on thevehicle.
(b) Notwithstanding section 4 of this chapter, if the public agencyor towing service fails to notify the bureau of the removal of anabandoned vehicle within seventy-two (72) hours after the vehicle isremoved as required by subsection (a), the public agency or towingservice:
(1) may not initially collect more in reimbursement for the costsof storing the vehicle than the cost incurred for storage forseventy-two (72) hours; and
(2) subject to subsection (c), may collect further reimbursementunder this chapter only for additional storage costs incurredafter notifying the bureau of the removal of the abandonedvehicle.
(c) If the public agency or towing service obtains the name andaddress of the person who owns or holds a lien on a vehicle undersubsection (a)(2), within seventy-two (72) hours after obtaining thename and address, the public agency or towing service shall, by
certified mail, notify the person who owns or holds a lien on thevehicle of the:
(1) name;
(2) address; and
(3) telephone number;
of the public agency or towing service. Notwithstanding section 4 ofthis chapter and subsection (b)(2), a public agency or towing servicethat fails to notify a person who owns or holds a lien on the vehicleas set forth in this subsection may not collect additional storage costsincurred after the date of receipt of the name and address obtainedunder subsection (a)(2).
(d) A towing service may not collect reimbursement under bothsubsections (b) and (c) for storage costs incurred during a particularperiod for one (1) vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992, SEC.6;P.L.78-2003, SEC.1; P.L.104-2005, SEC.7; P.L.191-2007, SEC.14.
IC 9-22-1-20
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-21
Means of vehicle identification not available; disposal withoutnotice
Sec. 21. If a vehicle or parts are in such a condition that vehicleidentification numbers or other means of identification are notavailable to determine the person who owns or holds a lien on thevehicle, the vehicle may be disposed of without notice.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-22
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-23
Public sale by city, town, or county; notice
Sec. 23. (a) This section applies to a city, town, or county.
(b) Except as provided in subsection (c), if the person who ownsor holds a lien upon a vehicle does not appear within twenty (20)days after the mailing of a notice under section 19 of this chapter, theunit may sell the vehicle or parts by either of the following methods:
(1) The unit may sell the vehicle or parts to the highest bidderat a public sale. Notice of the sale shall be given under IC 5-3-1,except that only one (1) newspaper insertion one (1) weekbefore the public sale is required.
(2) The unit may sell the vehicle or part as unclaimed propertyunder IC 36-1-11. The twenty (20) day period for the propertyto remain unclaimed is sufficient for a sale under thissubdivision.
(c) This subsection applies to a consolidated city or county
containing a consolidated city. If the person who owns or holds a lienupon a vehicle does not appear within fifteen (15) days after themailing of a notice under section 19 of this chapter, the unit may sellthe vehicle or parts by either of the following methods:
(1) The unit may sell the vehicle or parts to the highest bidderat a public sale. Notice of the sale shall be given under IC 5-3-1,except that only one (1) newspaper insertion one (1) weekbefore the public sale is required.
(2) The unit may sell the vehicle or part as unclaimed propertyunder IC 36-1-11. The fifteen (15) day period for the propertyto remain unclaimed is sufficient for a sale under thissubdivision.
As added by P.L.2-1991, SEC.10. Amended by P.L.92-1997, SEC.6;P.L.191-2007, SEC.15.
IC 9-22-1-24
Purchasers at public sales; bill of sale; fees; roadworthiness ofvehicle
Sec. 24. A person who purchases a vehicle under section 23 ofthis chapter shall be furnished a bill of sale for each abandonedvehicle sold by the public agency upon paying the fee for a bill ofsale under IC 9-29-7. A person who purchases a vehicle undersection 23 of this chapter must:
(1) present evidence from a law enforcement agency that thevehicle purchased is roadworthy, if applicable; and
(2) pay the appropriate title fee under IC 9-29-4;
to obtain a certificate of title under IC 9-17 for the vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992, SEC.7;P.L.191-2007, SEC.16.
IC 9-22-1-25
Payment of removal, storage, and disposition costs; cost limits
Sec. 25. The costs for removal and storage of an abandonedvehicle or parts not claimed by the person who owns or holds a lienon a vehicle shall be paid from the abandoned vehicle accountestablished under section 30 of this chapter. The charge payable bythe person who owns or holds a lien on a vehicle for towing, storing,or removing an abandoned vehicle or parts may not exceed the limitsestablished by ordinance adopted under section 30 of this chapter.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-26
Sale proceeds credited against removal, storage, and dispositioncosts
Sec. 26. The proceeds of sale of an abandoned vehicle or partsunder section 23 of this chapter shall be credited against the costs ofthe removal, storage, and disposal of the vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.191-2007,SEC.17.
IC 9-22-1-27
Sales by city, county, or town; deposit of proceeds; payment ofpublic agency costs; appropriations
Sec. 27. (a) This section applies to sales of abandoned vehicles orparts by a city, county, or town.
(b) The proceeds from the sale of abandoned vehicles or parts,including:
(1) charges for bills of sale; and
(2) money received from persons who own or hold liens onvehicles for the cost of removal or storage of vehicles;
shall be deposited in the city's, county's, or town's abandoned vehiclefund by the fiscal officer of the city, county, or town.
(c) The costs incurred by a public agency in administering thischapter shall be paid from the abandoned vehicle fund.
(d) The fiscal body shall annually appropriate sufficient money tothe fund to carry out this chapter. Money remaining in the fund at theend of a year remains in the fund and does not revert to the generalfund.
(e) Notwithstanding subsection (d), the fiscal body of aconsolidated city may transfer money from the fund.
As added by P.L.2-1991, SEC.10. Amended by P.L.85-1995, SEC.39;P.L.191-2007, SEC.18.
IC 9-22-1-28
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-29
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-30
Fiscal body procedures established by ordinance; abandonedvehicle fund
Sec. 30. (a) The fiscal body shall, by ordinance, establishprocedures to carry out this chapter, including the following:
(1) The charges allowed for towing and storage of abandonedvehicles, which shall be filed with the bureau.
(2) The means of disposition of vehicles.
(b) The fiscal body shall establish an abandoned vehicle fund forthe purposes of this chapter.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-31
Public agencies; personnel, property, and towing contracts; fiscalbody ordinances
Sec. 31. To facilitate the removal of abandoned vehicles or parts,a public agency may:
(1) employ personnel;
(2) acquire equipment, property, and facilities; and (3) enter into towing contracts;
for the removal, storage, and disposition of abandoned vehicles andparts. The fiscal body may, by ordinance, establish procedures tocarry out this section.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-32
Liability for loss or damage to vehicle or vehicle parts
Sec. 32. The following are not liable for loss or damage to avehicle or parts occurring during the removal or storage of a vehicleor parts under this chapter:
(1) A person who owns, leases, or occupies property fromwhich an abandoned vehicle or its contents or parts areremoved.
(2) A public agency.
(3) A towing service.
(4) An automobile scrapyard.
(5) A storage yard.
(6) An agent of a person or entity listed in subdivisions (1)through (5).
As added by P.L.2-1991, SEC.10. Amended by P.L.104-2005, SEC.8;P.L.54-2009, SEC.9.