CHAPTER 5. SCRAPPING MOTOR VEHICLES
IC 9-22-5
Chapter 5. Scrapping Motor Vehicles
IC 9-22-5-1
Officers authorized to act for their units of government
Sec. 1. The following officers may act for their respective units ofgovernment under this chapter:
(1) The sheriff, for a county.
(2) The chief of police, for a city.
(3) A town marshal, for a town.
(4) A township trustee, for a township.
(5) A state police officer, for the state.
As added by P.L.2-1991, SEC.10.
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 unitof government upon whose property or in whose possession isfound an abandoned motor vehicle; or
(2) person who owns a motor vehicle that has a title that isfaulty, lost, or destroyed;
may apply to the sheriff of the county in which the motor vehicle islocated for authority to sell, give away, or dispose of the motorvehicle for scrap metal.
As added by P.L.2-1991, SEC.10. Amended by P.L.8-1993, SEC.173.
IC 9-22-5-3
Application form; duplicate form; filing with bureau; retention bysheriff
Sec. 3. The application required under section 2 of this chaptershall be made in duplicate upon forms prescribed and furnished bythe bureau. One (1) copy of the application shall be filed with thebureau and one (1) copy of the application shall be retained by thesheriff.
As added by P.L.2-1991, SEC.10.
IC 9-22-5-4
Application; required information; affidavit
Sec. 4. (a) The application required under section 2 of this chaptermust include the following information:
(1) The name and address of the applicant.
(2) The year, make, model, and engine number of the motorvehicle, if ascertainable, together with any other identifyingfeatures.
(3) A concise statement of the facts surrounding theabandonment of the motor vehicle, that the title of the motorvehicle is lost or destroyed, or the reasons for the defect of titlein the owner of the motor vehicle.
(b) The person making the application required under section 2 of
this chapter shall execute an affidavit stating that the facts alleged inthe application are true and that no material fact has been withheld.
As added by P.L.2-1991, SEC.10.
IC 9-22-5-5
Examination by sheriff of application; sheriff's notice; posting,publication, and mailing of notice
Sec. 5. (a) The sheriff shall examine each application made undersection 2 of this chapter. If the sheriff finds that the application:
(1) is executed in proper form; and
(2) shows that the motor vehicle described in the applicationhas been abandoned upon the property of the person making theapplication or that the person making the application is theperson who owns the motor vehicle;
the sheriff shall prepare a written notice.
(b) The notice required under subsection (a) must include thefollowing information:
(1) The name and address of the applicant.
(2) The year, make, model, and engine number of the motorvehicle, if ascertainable, together with any other identifyingfeatures of the motor vehicle.
(3) That the motor vehicle has been abandoned, that the title tothe motor vehicle is lost or destroyed, or that there is a defect ofthe title in the person who owns the motor vehicle.
(4) That the motor vehicle will be sold for scrap metal unless aclaim or protest is made.
(c) The sheriff shall, within five (5) days after receiving anapplication required under section 2 of this chapter, cause the noticerequired under subsection (a) to be distributed as follows:
(1) Posted at the door of the courthouse for a period of thirty(30) days before sale.
(2) Published once in a newspaper of general circulation of thecounty in which the motor vehicle is located at least thirty (30)days before sale.
(3) Sent to the last person who owned the motor vehicle, ifknown.
As added by P.L.2-1991, SEC.10.
IC 9-22-5-6
Claim made by vehicle owner before sale; return of vehicle; costs
Sec. 6. If an abandoned motor vehicle for which an application forsale under this chapter has been filed is claimed by the person whoowns the motor vehicle before the sale occurs and the personprovides satisfactory evidence of ownership to the sheriff, the motorvehicle shall be returned to the person upon payment by the personof the costs of preserving the motor vehicle during the period ofabandonment, together with the costs of publication of notice.
As added by P.L.2-1991, SEC.10.
IC 9-22-5-7 Issuance of certificate of authority to sell vehicle for scrap metal;authorization to accept certificate of authority as substitute forcertificate of title
Sec. 7. If a claim or protest is not made before sale, the personwho filed the application required under section 2 of this chaptershall, upon payment of the costs of publication of notice, be given acertificate of authority to sell the motor vehicle to a licensed junkdealer or an established automobile wrecker for scrap metal. Thelicensed junk dealer or established automobile wrecker shall acceptthe sheriff's certificate of authority instead of the certificate of titleto the motor vehicle.
As added by P.L.2-1991, SEC.10.
IC 9-22-5-8
Certificate of authority; form; copies; required information
Sec. 8. The certificate of authority required under section 7 of thischapter shall be made in triplicate on forms prescribed and furnishedby the bureau. The certificate of authority must contain the followinginformation:
(1) The name and address of the person who filed theapplication required under section 2 of this chapter.
(2) The year, make, model, and engine number, if ascertainable,together with any other identifying features of the motor vehiclethat has been authorized to be sold for scrap metal.
As added by P.L.2-1991, SEC.10.
IC 9-22-5-9
Certificate of authority; copies; retention by sheriff; filing withbureau
Sec. 9. The sheriff shall retain one (1) copy of the certificate ofauthority required under section 7 of this chapter. The sheriff shallsend one (1) copy of the certificate of authority to the bureau.
As added by P.L.2-1991, SEC.10.
IC 9-22-5-10
Certificate of title not issuable after delivery to bureau ofcertificate of authority to sell vehicle for scrap metal
Sec. 10. After a certificate of authority required under section 7of this chapter has been delivered to the bureau under section 9 ofthis chapter, a certificate of title may not be issued for the motorvehicle described in the certificate of authority.
As added by P.L.2-1991, SEC.10.
IC 9-22-5-11
Application and certificate of authority; fees
Sec. 11. A fee may not be charged for the filing of an applicationunder section 2 of this chapter or for the issuance of a certificate ofauthority under section 7 of this chapter.
As added by P.L.2-1991, SEC.10.
IC 9-22-5-12
Proceeds from sale of vehicle for scrap metal; sales under thischapter by owners of vehicles having faulty, lost, or destroyed titles
Sec. 12. The person who:
(1) owns a motor vehicle that has a title that is faulty, lost, ordestroyed; and
(2) sells the motor vehicle under this chapter;
may retain the proceeds of the sale for the person's use and benefit.
As added by P.L.2-1991, SEC.10.
IC 9-22-5-13
Sales by persons other than owners; proceeds; payment to circuitcourt clerk; claim by vehicle owner; escheat to state general fund
Sec. 13. (a) A person not described in section 12 of this chapterwho sells an abandoned motor vehicle under this chapter may retainfrom the proceeds of sale the cost of publication of notice and thecost of preserving the motor vehicle during the period of the vehicle'sabandonment. The person shall pay the remaining balance of theproceeds of the sale to the circuit court clerk of the county in whichthe abandoned motor vehicle is located.
(b) At any time within ten (10) years after the money is paid to theclerk, the person who owns the abandoned motor vehicle sold underthis chapter may make a claim with the clerk for the sale proceedsdeposited with the clerk. If ownership of the proceeds is establishedto the satisfaction of the clerk, the clerk shall pay the proceeds to theperson who owns the abandoned motor vehicle.
(c) If a claim for the proceeds of the sale of an abandoned motorvehicle under subsection (b) is not made within ten (10) years, claimsfor the proceeds are barred. The clerk shall notify the attorneygeneral and upon demand pay the proceeds to the attorney general.The attorney general shall turn the proceeds over to the treasurer ofstate. 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.
IC 9-22-5-14
Storing, furnishing supplies for, or repairing vehicles; duty toobtain name and address of owner; record book; inspection bypolice officers of record book
Sec. 14. (a) An individual, a firm, a limited liability company, ora corporation engaged in the business of storing, furnishing suppliesfor, or repairing motor vehicles, trailers, semitrailers, or recreationalvehicles shall obtain the name and address of the person who ownsa motor vehicle, trailer, semitrailer, or recreational vehicle that is leftin the custody of the individual, firm, limited liability company, orcorporation for storage, furnishing of supplies, or repairs at the timethe motor vehicle is left.
(b) The individual, firm, limited liability company, or corporationshall record in a book the following information concerning themotor vehicle: (1) The name and address of the person who owns the motorvehicle.
(2) The license number of the motor vehicle.
(3) The date on which the motor vehicle was left.
(c) The book shall be provided and kept by the individual, firm,limited liability company, or corporation and shall be open forinspection by an authorized police officer of the state or of a city ortown or by the county sheriff.
(d) If a motor vehicle, trailer, semitrailer, or recreational vehicleis stored by the week or by the month, only one (1) entry on the bookis required for the period of time during which the motor vehicle isstored.
As added by P.L.2-1991, SEC.10. Amended by P.L.8-1993, SEC.174.
IC 9-22-5-15
Lien for labor on, materials for, storage of, towing of, or repair ofvehicle; sale of vehicle to satisfy lien
Sec. 15. (a) An individual, a firm, a limited liability company, ora corporation that performs labor, furnishes materials or storage, ordoes repair work on a motor vehicle, trailer, semitrailer, orrecreational vehicle at the request of the person who owns thevehicle has a lien on the vehicle to the reasonable value of thecharges for the labor, materials, storage, or repairs.
(b) An individual, a firm, a partnership, a limited liabilitycompany, or a corporation that provides towing services for a motorvehicle, trailer, semitrailer, or recreational vehicle:
(1) at the request of the person who owns the motor vehicle,trailer, semitrailer, or recreational vehicle;
(2) at the request of an individual, a firm, a partnership, alimited liability company, or a corporation on whose propertyan abandoned motor vehicle, trailer, semitrailer, or recreationalvehicle is located; or
(3) in accordance with IC 9-22-1;
has a lien on the vehicle for the reasonable value of the charges forthe towing services and other related costs. An individual, a firm, apartnership, a limited liability company, or a corporation that obtainsa lien for an abandoned vehicle under subdivision (2) must complywith IC 9-22-1-4, IC 9-22-1-16, IC 9-22-1-17, and IC 9-22-1-19.
(c) If:
(1) the charges made under subsection (a) or (b) are not paid;and
(2) the motor vehicle, trailer, semitrailer, or recreational vehicleis not claimed;
within thirty (30) days from the date on which the vehicle was left inor came into the possession of the individual, firm, limited liabilitycompany, or corporation for repairs, storage, towing, or thefurnishing of materials, the individual, firm, limited liabilitycompany, or corporation may advertise the vehicle for sale. Thevehicle may not be sold before fifteen (15) days after the date theadvertisement required by subsection (d) has been placed or after
notice required by subsection (e) has been sent, whichever is later.
(d) Before a vehicle may be sold under subsection (c), anadvertisement must be placed in a newspaper of general circulationprinted in the English language in the city or town in which thelienholder's place of business is located. The advertisement mustcontain at least the following information:
(1) A description of the vehicle, including make, type, andmanufacturer's identification number.
(2) The amount of the unpaid charges.
(3) The time, place, and date of the sale.
(e) In addition to the advertisement required under subsection (d),the person who holds the mechanic's lien must:
(1) notify the person who owns the vehicle and any other personwho holds a lien of record at the person's last known address bycertified mail, return receipt requested; or
(2) if the vehicle is an abandoned motor vehicle, provide noticeas required under subdivision (1) if the location of the owner ofthe motor vehicle or a lienholder of record is determined by thebureau in a search under IC 9-22-1-19;
that the vehicle will be sold at public auction on a specified date tosatisfy the lien imposed by this section.
(f) A person who holds a lien of record on a vehicle subject to saleunder this section may pay the storage, repair, towing, or servicecharges due. If the person who holds the lien of record elects to paythe charges due, the person is entitled to possession of the vehicleand becomes the holder of the mechanic's lien imposed by thissection.
(g) If the person who owns a vehicle subject to sale under thissection does not claim the vehicle and satisfy the lien on the vehicle,the vehicle may be sold at public auction to the highest and bestbidder for cash. A person who holds a mechanic's lien under thissection may purchase a vehicle subject to sale under this section.
(h) A person who holds a mechanic's lien under this section maydeduct and retain the amount of the lien and the cost of theadvertisement required under subsection (d) from the purchase pricereceived for a vehicle sold under this section. After deducting fromthe purchase price the amount of the lien and the cost of theadvertisement, the person shall pay the surplus of the purchase priceto the person who owns the vehicle if the person's address orwhereabouts is known. If the address or whereabouts of the personwho owns the vehicle is not known, the surplus of the purchase priceshall be paid over to the clerk of the circuit court of the county inwhich the person who holds the mechanic's lien has a place ofbusiness for the use and benefit of the person who owns the vehicle.
(i) A person who holds a mechanic's lien under this section shallexecute and deliver to the purchaser of a vehicle under this sectiona sales certificate in the form designated by the bureau, setting forththe following information:
(1) The facts of the sale.
(2) The vehicle identification number. (3) The certificate of title if available.
(4) A certificate from the newspaper showing that theadvertisement was made as required under subsection (d).
Whenever the bureau receives from the purchaser an application forcertificate of title accompanied by these items, the bureau shall issuea certificate of title for the vehicle under IC 9-17.
As added by P.L.2-1991, SEC.10. Amended by P.L.8-1993, SEC.175;P.L.104-2005, SEC.9; P.L.191-2007, SEC.19.
IC 9-22-5-16
Sales by dealers of rebuilt vehicles; disclosures
Sec. 16. (a) This section does not apply to a person who sells,exchanges, or transfers golf carts.
(b) A seller that is:
(1) a dealer; or
(2) another person who sells, exchanges, or transfers at leastfive (5) vehicles each year;
may not sell, exchange, or transfer a rebuilt vehicle withoutdisclosing in writing to the purchaser, customer, or transferee, beforeconsummating the sale, exchange, or transfer, the fact that thevehicle is a rebuilt vehicle if the dealer or other person knows orshould reasonably know the vehicle is a rebuilt vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.150-2009,SEC.17.
IC 9-22-5-17
Reckless violation of lien or vehicle owner identificationprovisions; classification
Sec. 17. A person who recklessly violates section 14 or 15 of thischapter commits a Class A misdemeanor.
As added by P.L.2-1991, SEC.10.