Bill Text: IN SB0563 | 2013 | Regular Session | Enrolled
Bill Title: Various motor vehicle issues.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-05-13 - Public Law 262 [SB0563 Detail]
Download: Indiana-2013-SB0563-Enrolled.html
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
AN ACT to amend the Indiana Code concerning motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
(b) The department may issue a temporary written authorization if unforeseen or uncertain circumstances require operations by a carrier of a commercial motor vehicle for which neither a trip permit described in subsection (a) nor an annual permit described in section 12 of this chapter has been obtained. A temporary authorization may be issued
only if the department finds that undue hardship would result if
operation under a temporary authorization were prohibited. A carrier
who receives a temporary authorization shall:
(1) pay the trip permit fee at the time the temporary authorization
is issued; or
(2) subsequently apply for and obtain an annual permit.
(c) A carrier may obtain an International Fuel Tax Agreement
(IFTA) repair and maintenance permit to:
(1) travel from another state into Indiana to repair or maintain any
of the carrier's motor vehicles, semitrailers (as defined in
IC 9-13-2-164), or trailers (as defined in IC 9-13-2-184); and
(2) return to the same state after the repair or maintenance is
completed.
The permit allows the travel described in this section. In addition to any
other fee established in this chapter, and instead of paying the quarterly
motor fuel tax imposed under this chapter, a carrier may pay an annual
IFTA repair and maintenance fee of forty dollars ($40) and receive an
IFTA annual repair and maintenance permit. The IFTA annual repair
and maintenance permit and fee applies to all of the motor vehicles
operated by a carrier. The IFTA annual repair and maintenance permit
is not transferable to another carrier. A carrier may not carry cargo or
passengers under the IFTA annual repair and maintenance permit. All
fees collected under this subsection shall be deposited in the motor
carrier regulation fund (IC 8-2.1-23). The report otherwise required
under section 10 of this chapter is not required with respect to a motor
vehicle that is operated under an IFTA annual repair and maintenance
permit.
(d) A carrier may obtain an International Registration Plan (IRP)
repair and maintenance permit to:
(1) travel from another state into Indiana to repair or maintain any
of the carrier's motor vehicles, semitrailers (as defined in
IC 9-13-2-164), or trailers (as defined in IC 9-13-2-184); and
(2) return to the same state after the repair or maintenance is
completed.
The permit allows the travel described in this section. In addition to any
other fee established in this chapter, and instead of paying apportioned
or temporary IRP fees under IC 9-18-2 or IC 9-18-7, a carrier may pay
an annual IRP repair and maintenance fee of forty dollars ($40) and
receive an IRP annual repair and maintenance permit. The IRP annual
repair and maintenance permit and fee applies to all of the motor
vehicles operated by a carrier. The IRP annual repair and maintenance
permit is not transferable to another carrier. A carrier may not carry
cargo or passengers under the IRP annual repair and maintenance
permit. All fees collected under this subsection shall be deposited in
the motor carrier regulation fund (IC 8-2.1-23).
(e) A person may obtain a repair and maintenance permit to:
(1) move an unregistered off-road vehicle from a quarry or mine
to a maintenance or repair facility; and
(2) return the unregistered off-road vehicle to its place of origin.
The fee for the permit is forty dollars ($40). The permit is an annual
permit and applies to all unregistered off-road vehicles from the same
quarry or mine.
(f) A carrier may obtain a repair, maintenance, and relocation permit
to:
(1) move a yard tractor from a terminal or loading or spotting
facility to:
(A) a maintenance or repair facility; or
(B) another terminal or loading or spotting facility; and
(2) return the yard tractor to its place of origin.
The fee for the permit is forty dollars ($40). The permit is an annual
permit and applies to all yard tractors operated by the carrier. The
permit is not transferable to another carrier. A carrier may not carry
cargo or transport or draw a semitrailer or other vehicle under the
permit. A carrier may operate a yard tractor under the permit instead of
paying the tax imposed under this chapter. A yard tractor that is being
operated on a public highway under this subsection must display a
license plate issued under IC 9-18-32. As used in this section, "yard
tractor" has the meaning set forth under IC 9-13-2-201.
(g) The department shall establish procedures, by rules adopted
under IC 4-22-2, for:
(1) the issuance and use of trip permits, temporary authorizations,
and repair and maintenance permits; and
(2) the display in commercial motor vehicles of evidence of
compliance with this chapter.
SECTION 2. IC 9-13-2-1, AS AMENDED BY P.L.54-2009,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. "Abandoned vehicle" means the following:
(1) A vehicle located on public property illegally.
(2) A vehicle left on public property without being moved for twenty-four (24) hours.
(3) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way.
(4) A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than forty-eight (48) hours.
(5) A vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property.
(6) A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than this chapter if the impounded vehicle is not claimed or redeemed by the owner or the owner's agent within twenty (20) days after the vehicle's removal.
(7) A vehicle that is at least three (3) model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than twenty (20) days. For purposes of this subdivision, a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.
(8) A vehicle:
(A) that was repaired or stored at the request of the owner;
(B) that has not been claimed by the owner; and
(C) for which the reasonable value of the charges associated with the repair or storage remain unpaid more than thirty (30) days after the date on which the repair work is completed or the vehicle is first stored.
SECTION 3. IC 9-13-2-34 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 34. "Component part" means
SECTION 4. IC 9-13-2-37 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 37. "Converter manufacturer" means a person who adds to, subtracts from, or modifies a previously assembled or manufactured
SECTION 5. IC 9-13-2-58 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 58. "Farm truck", "farm
trailer", or "farm semitrailer and tractor" shall be identified in
accordance with a rule adopted by the bureau. means a truck, trailer,
or semitrailer and tractor used:
(1) directly in the conduct of a commercial enterprise related
to farming or agriculture; or
(2) for the transportation of farm products after the farm
products have entered the channels of commerce.
The term does not include an implement of agriculture.
SECTION 6. IC 9-13-2-75, AS AMENDED BY P.L.125-2012,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 75. "Identification number", for purposes of
IC 9-18-8-15, IC 9-17-4-18, has the meaning set forth in
IC 9-18-8-15(b). IC 9-17-4-18.
SECTION 7. IC 9-13-2-77, AS AMENDED BY P.L.210-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 77. (a) "Implement of agriculture" means
agricultural implements, pull type and self-propelled, used for the:
(1) transport;
(2) delivery; or
(3) application;
of crop inputs, including seed, fertilizers, and crop protection products,
and vehicles designed to transport these types of agricultural
implements.
(b) The bureau shall determine by rule under IC 4-22-2 whether a
category of implement of agriculture was designed to be operated
primarily:
(1) in a farm field or on farm premises; or
(2) on a highway.
SECTION 8. IC 9-13-2-92, AS AMENDED BY SEA 538-2013,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 92. (a) "Law enforcement officer", except as
provided in subsection (b), includes the following:
(1) A state police officer.
(2) A city, town, or county police officer.
(3) A sheriff.
(4) A county coroner in accordance with IC 36-2-14-4.
(5) A conservation officer.
(6) An individual assigned duties and limitations under
IC 10-11-2-26.
(7) A member of a consolidated law enforcement department
established under IC 36-3-1-5.1.
(8) An excise police officer of the alcohol and tobacco
commission.
(9) A gaming control officer employed by the gaming control
division under IC 4-33-20.
The term refers to a law enforcement officer having jurisdiction in
Indiana, unless the context clearly refers to a law enforcement
officer from another state or a territory or federal district of the
United States.
(b) "Law enforcement officer", for purposes of IC 9-30-6 and
IC 9-30-7, has the meaning set forth in IC 35-31.5-2-185.
SECTION 9. IC 9-13-2-94.4 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 94.4. "Low numbered motor vehicle registration plate",
for purposes of IC 9-29-3-19, has the meaning set forth in
IC 9-29-3-19.
SECTION 10. IC 9-13-2-94.5, AS AMENDED BY P.L.150-2009,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 94.5. "Low speed vehicle" means a four (4)
wheeled electrically powered motor vehicle:
(1) with a maximum design speed of not more than thirty-five
(35) miles per hour;
(2) with operational and equipment specifications described in 49
CFR 571.500;
(3) that is equipped with:
(A) headlamps;
(B) front and rear turn signal lamps, tail lamps, and stop
lamps;
(C) reflex reflectors;
(D) exterior or interior mirrors;
(E) brakes as specified in IC 9-19-3-1;
(F) a windshield;
(G) a vehicle identification number; and
(H) a safety belt installed at each designated seating position;
and
(4) that has not been privately assembled as described in
IC 9-17-4-1.
The term does not include a golf cart or an off-road vehicle.
SECTION 11. IC 9-13-2-107 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 107. "Motor vehicle part", for purposes of IC 9-17-4, has the meaning set forth in IC 9-17-4-0.4.
SECTION 12. IC 9-13-2-108 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 108. "Motorcycle" means a motor vehicle with motive power
(1) has a seat or saddle for the use of the rider;
(2) is designed to travel on not more than three (3) wheels in contact with the ground; and
(3) satisfies the operational and equipment specifications described in 49 CFR 571 and IC 9-19.
The term does not include a farm tractor, a motor scooter, or a motorized bicycle.
SECTION 13. IC 9-13-2-125 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 125. "Personalized license plate" means a license plate that displays the registration number assigned to the vehicle and issued in a combination of letters or numbers, or both, requested by the owner or the lessee of the vehicle and approved by the bureau.
SECTION 14. IC 9-13-2-127, AS AMENDED BY SEA 85-2013, SECTION 34, AND SEA 523-2013, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 127. (a) "Police officer" means, except as provided in subsections (b) and (c), 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 a county sheriff's department.
(5) A conservation officer of the department of natural resources.
(6) An individual assigned as a motor carrier inspector under IC 10-11-2-26(a).
(7) An excise police officer of the alcohol and tobacco commission.
(8) A gaming control officer employed by the gaming control division under IC 4-33-20.
The term refers to a police officer having jurisdiction in Indiana,
unless the context clearly refers to a police officer from another
state or a territory or federal district of the United States.
(b) "Police officer", for purposes of IC 9-18-2.5, 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 a county sheriff's department.
(5) A conservation officer of the department of natural resources.
(c) "Police officer", for purposes of IC 9-21, means an officer
authorized to direct or regulate traffic or to make arrests for violations
of traffic regulations.
SECTION 15. IC 9-13-2-149 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 149. "Rebuilt vehicle"
means a vehicle:
(1) that has been restored to an operable condition; and
(2) for which a certificate of title has been issued:
(A) by the bureau under IC 9-22-3; or for which a certificate
of title has been issued
(B) by another state or jurisdiction under a similar procedure
for the retitling of restored salvage motor vehicles.
SECTION 16. IC 9-13-2-170.3, AS AMENDED BY P.L.125-2012,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 170.3. (a) "Special machinery" includes but is not
limited to any of the following:
(1) A portable saw mill.
(2) Well drilling machinery.
(3) A utility service cable trailer.
(4) Any other vehicle that is
(A) designed to perform a specific function. and
(B) drawn by a motor vehicle.
(b) The term does not include the following:
(1) A vehicle that is designed to carry persons. passengers.
(2) Implements of agriculture designed to be operated
primarily in a farm field or on farm premises.
(3) Machinery or equipment used in highway construction or
maintenance by the Indiana department of transportation, a
county, or a municipality.
SECTION 17. IC 9-13-2-187, AS AMENDED BY P.L.125-2012,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 187. "Transport operator" means any of the
following:
(1) A person engaged in the business of furnishing drivers and
operators for the purpose of transporting vehicles in transit from
one (1) place to another by the drive away or tow away methods.
(2) A nonresident dealer or manufacturer engaged in the operation
or business described in subdivision (1).
(3) A business that prepares newly purchased vehicles of the
business and delivers the vehicles to the locations where the
vehicles will be based, titled, and registered.
SECTION 18. IC 9-14-5-7, AS AMENDED BY P.L.87-2010,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. A placard issued under this chapter must be
displayed on the dashboard or rear view mirror of a motor vehicle
that is parked in a parking space reserved for persons with physical
disabilities under this chapter unless the motor vehicle bears a license
plate for a person with a disability issued under IC 9-18-22, a disabled
Hoosier veteran's license plate issued under IC 9-18-18, or an
equivalent parking permit issued under the laws of another state. If a
placard is lost, stolen, damaged, or destroyed, the bureau shall provide
a duplicate placard upon the application of the person who was issued
the placard.
SECTION 19. IC 9-17-1-1, AS AMENDED BY SEA 523-2013,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. This article does not apply to:
(1) special machinery;
(2) farm wagons;
(3) a golf cart when operated in accordance with an ordinance
adopted under IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a);
(4) a motor vehicle that was designed to have a maximum design
speed of not more than twenty-five (25) miles per hour and that
was built, constructed, modified, or assembled by a person other
than the manufacturer; or
(5) snowmobiles;
or except as otherwise provided, any other vehicle that is not
registered in accordance with IC 9-18-2.
SECTION 20. IC 9-17-2-1, AS AMENDED BY P.L.125-2012,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) This section does not apply to an off-road
vehicle that is at least five (5) model years old.
(b) A person must obtain a certificate of title for all vehicles owned
by the person 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) A person must obtain a certificate of title for all commercial
vehicles owned by the person that:
(1) are subject to the commercial vehicle excise tax under
IC 6-6-5.5;
(2) are not subject to proportional registration under the
International Registration Plan; and
(3) will be operated in Indiana.
(d) A person must obtain a certificate of title for all recreational
vehicles owned 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 obtain a certificate of title for all vehicles owned
by the person not later than sixty (60) days after becoming an Indiana
resident. Upon request by the bureau, a person must produce
evidence concerning the date on which the person became an Indiana
resident.
SECTION 21. IC 9-17-2-9, AS AMENDED BY P.L.125-2012,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 9. (a) This section does not apply to an off-road
a vehicle requiring a certificate of title under this chapter but that is
not required to be registered under IC 9-18.
(b) A person applying for a certificate of title must:
(1) apply for registration of the vehicle described in the
application for the certificate of title; or
(2) transfer the current registration of the vehicle owned or
previously owned by the person.
SECTION 22. IC 9-17-2-12, AS AMENDED BY P.L.109-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12. (a) As used in this section, "dealer" refers to
a dealer that has:
(1) been in business for not less than five (5) years; and
(2) sold not less than one hundred fifty (150) motor vehicles
during the preceding calendar year.
(b) This section does not apply to the following:
(1) A new motor vehicle or recreational vehicle sold by a dealer
licensed by the state.
(2) A motor vehicle or recreational vehicle transferred or assigned
on a certificate of title issued by the bureau.
(3) A motor vehicle that is registered under the International
Registration Plan.
(4) A motor vehicle that is titled in the name of a financial
institution, lending institution, or insurance company in Canada
and imported by a registered importer, if:
(A) the registered importer complies with section 12.5(a) of
this chapter; and
(B) section 12.5(d) of this chapter does not apply to the motor
vehicle.
(5) A motor vehicle that is titled in another state and is in the
lawful possession of a financial institution, a lending institution,
or an insurance company, if:
(A) the financial institution, lending institution, or insurance
company complies with section 12.5(b) of this chapter; and
(B) section 12.5(d) of this chapter does not apply to the motor
vehicle.
(c) Subject to subsection (e), an application for a certificate of title
for a motor vehicle or recreational vehicle may not be accepted by the
bureau unless the motor vehicle or recreational vehicle has been
inspected by one (1) of the following:
(1) An employee of a dealer designated by the secretary of state
to perform an inspection.
(2) A military policeman police officer assigned to a military post
in Indiana.
(3) A police officer.
(4) A designated employee of the bureau.
(5) An employee of a qualified person operating under a contract
with the commission under IC 9-16-1-4 for operation of a full
service license branch.
(6) An employee of a qualified person operating under a contract
with the commission under IC 9-16-1-4.5 for operation of a partial
service license branch.
(d) A person described in subsection (c) inspecting a motor vehicle,
semitrailer, or recreational vehicle shall do the following:
(1) Make a record of inspection upon the application form
prepared by the bureau.
(2) Verify the facts set out in the application.
(e) The bureau may accept an inspection performed by a police
officer from a jurisdiction outside Indiana if the bureau determines
that an inspection performed by an individual described in
subsection (c) is unavailable or otherwise insufficient to complete
an application for a certificate of title.
SECTION 23. IC 9-17-3-3.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 3.4 (a) If a vehicle for which a certificate of title has
been issued is sold or if the ownership of the vehicle is transferred
in any manner other than by a transfer on death conveyance under
section 9 of this chapter, the person who holds the certificate of
title must do the following:
(1) Endorse on the certificate of title an assignment of the
certificate of title with warranty of title, in a form printed on
the certificate of title, with a statement describing all liens or
encumbrances on the vehicle.
(2) Deliver the certificate of title to the purchaser or
transferee at the time of the sale or delivery to the purchaser
or transferee of the vehicle, if the purchaser or transferee has
made all agreed upon initial payments for the vehicle,
including delivery of a trade-in vehicle without hidden or
undisclosed statutory liens.
(3) Unless the vehicle is being sold or transferred to a dealer
licensed under IC 9-32, complete all information concerning
the purchase on the certificate of title, including, but not
limited to:
(A) the name and address of the purchaser; and
(B) the sale price of the vehicle.
(b) If a vehicle for which a certificate of title has been issued by
another state is sold or delivered, the person selling or delivering
the vehicle must deliver to the purchaser or receiver of the vehicle
a proper certificate of title with an assignment of the certificate of
title in a form prescribed by the bureau.
(c) The original certificate of title and all assignments and
subsequent reissues of the certificate of title shall be retained by
the bureau and appropriately classified and indexed in the most
convenient manner to trace title to the vehicle described in the
certificate of title.
SECTION 24. IC 9-17-3-4, AS AMENDED BY P.L.125-2012,
SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) A certificate of title for a vehicle held by an
Indiana resident who is serving in the armed forces of the United States
may be transferred by the Indiana resident to another person if the
resident authorizes the transfer by a valid power of attorney or a letter
signed by the Indiana resident. The valid power of attorney or the letter
must be accompanied by proof that the Indiana resident is actively
serving in the armed forces of the United States and is outside Indiana.
(b) When the bureau receives the power of attorney or letter and
proof described in subsection (a), the bureau may make the transfer to
the person named in the power of attorney or letter.
(c) Whenever a transfer described in subsection (a) is made, the
power of attorney or letter:
(1) must be attached to the certificate of title being transferred;
and
(2) becomes a permanent record of the bureau.
(d) The bureau shall use reasonable diligence in determining if the
signature of the person who signed the letter described in subsection (a)
authorizing the transfer is the signature of the person.
(e) If the bureau is satisfied that the signature is the signature of the
person who owns the vehicle described in the certificate of title, the
bureau shall issue an appropriate certificate of title over the signature
of the bureau and sealed with the seal of the bureau to the person
named in the letter.
SECTION 25. IC 9-17-3-7, AS AMENDED BY P.L.131-2008,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. (a) This section does not apply to section 5 of
this chapter.
(b) Except as provided in subsection (c), a person who violates this
chapter commits a Class C infraction.
(c) A person who knowingly or intentionally violates:
(1) section 3(a)(1), 3(a)(2) 3(a)(4), 3.4(a)(1) or 3(a)(5) 3.4(a)(2)
of this chapter commits a Class B misdemeanor; or
(2) section 3(a)(3) 3.4(a)(3) of this chapter commits:
(A) a Class A misdemeanor for the first violation; or
(B) a Class D felony for the second violation or any subsequent violation.
SECTION 26. IC 9-17-3-8, AS AMENDED BY P.L.125-2012, SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. The bureau shall:
(1) enable the owner of a motor vehicle titled in Indiana to determine:
(A) whether that motor vehicle has previously been titled in Indiana; and
(B) if the motor vehicle has previously been titled in Indiana, whether the title was issued as a salvage title under IC 9-22-3; and
(2) impose a service charge under
SECTION 27. IC 9-17-4-0.3, AS AMENDED BY P.L.125-2012, SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.3. As used in this chapter, "assembled vehicle" means:
(1) a motor vehicle, excluding a motorcycle, that has had the:
(A) frame;
(B) chassis;
(C) cab; or
(D) body;
modified from its original construction, replaced, or constructed; or
(2) a motorcycle that has had the:
(A) frame; or
(B) engine;
modified from its original construction, replaced, or constructed.
The term includes but is not limited to glider kits, fiberglass body kits, and vehicle reproductions or replicas and includes motor vehicles that have visible and original vehicle identification numbers.
SECTION 28. IC 9-17-4-0.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.4. As used in this chapter, "motor vehicle part" means the following:
(1) For a motorcycle, the:
(A) frame; or
(B) engine.
(2) For a passenger motor vehicle; the:
(A) frame;
(B) chassis; or
(C) body.
(3) For a truck or tractor, the:
(A) frame;
(B) chassis;
(C) cab; or
(D) body.
(4) For a trailer, semitrailer, or recreational vehicle, the:
(A) chassis; or
(B) body.
SECTION 29. IC 9-17-4-4, AS AMENDED BY P.L.125-2012, SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. A certificate of title issued under this chapter must contain the following:
(1) A description and other evidence of identification of the motor vehicle, semitrailer, or recreational vehicle as required by the bureau.
(2) A statement of any liens or encumbrances that the application shows to be on the certificate of title.
(3) The appropriate notation prominently recorded on the front of the title as follows:
(A) For a vehicle assembled using all new or used vehicle parts,
SECTION 30. IC 9-17-4-6 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 31. IC 9-17-4-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) Not more than twenty (20) days after a person
becomes the owner, custodian, or possessor of a motor vehicle that:
(1) was manufactured after December 31, 1954; and
(2) either:
(A) does not have a manufacturer's identification number
installed on the motor vehicle; or
(B) has an original manufacturer's identification number
that is altered, destroyed, obliterated, or defaced;
the person shall apply to the bureau for permission to make or
stamp a special identification number on the motor vehicle.
(b) The bureau shall prescribe the form of an application under
subsection (a). The application must contain the following:
(1) A description of the motor vehicle, including the make,
style, and year of model of the motor vehicle.
(2) A description of:
(A) the original manufacturer's identification number, if
possible; or
(B) any distinguishing marks on the engine or body of the
motor vehicle.
(3) The name and address of the applicant.
(4) The date on which the applicant purchased or took
possession of the motor vehicle.
(5) The name and address of the person from whom the
applicant purchased or acquired the motor vehicle.
(6) Any application fee required under IC 9-29 for a special
identification number.
(7) Any other information the bureau requires.
SECTION 32. IC 9-17-4-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 8. (a) The bureau shall review an application
submitted under section 7 of this chapter. If the bureau determines
the application is complete, the bureau shall issue to the applicant
written permission to make or stamp a special identification
number on the motor vehicle. The bureau shall designate the
special identification number and the location of the special
identification number on the motor vehicle.
(b) A new special identification number may not cover or
otherwise obscure an original identification number that is visible
on a motor vehicle.
(c) A new special identification number that is stamped or
otherwise placed on a motor vehicle under this chapter becomes
the lawful identification number of the motor vehicle for all
purposes, including for purposes of selling or transferring the
motor vehicle.
SECTION 33. IC 9-17-4-10 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 10. (a) The bureau shall designate special
identification numbers under this chapter consecutively, beginning
with the number one (1), preceded by the letters "MVIN", and
followed by the letters "IND" in the order of the filing of
applications.
(b) This chapter does not affect the authority of a manufacturer
or a manufacturer's agent, other than a dealer, to perform
numbering on motor vehicles or motor vehicle parts that are
removed or changed and then replaced with other numbered
motor vehicle parts.
SECTION 34. IC 9-17-4-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 11. Except as specifically provided in this chapter, the
bureau may not register or issue a certificate of title for a motor
vehicle that does not have an identification number.
SECTION 35. IC 9-17-4-12 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 12. (a) Before the bureau may issue a certificate of
title for a vehicle that is required under this chapter to have a
special identification number made or stamped on the motor
vehicle, the bureau shall require the person applying for the
certificate of title to sign a statement that the special identification
number assigned to the motor vehicle by the bureau has been made
or stamped on the motor vehicle in a workmanlike manner. The
statement must also be signed by the law enforcement officer who
inspected the motor vehicle and determined that the special
identification number was made or stamped in a workmanlike
manner.
(b) This section does not affect the authority of a manufacturer
or a manufacturer's agent, other than a dealer, to perform
numbering on motor vehicles or parts that are removed or changed
and then replaced with other numbered motor vehicle parts.
SECTION 36. IC 9-17-4-13 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 13. Except as otherwise provided in this chapter, a
person who violates this chapter commits a Class C infraction.
SECTION 37. IC 9-17-4-14 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 14. A person who owns or possesses a motor vehicle
that the person knows violates section 7 or 8 of this chapter
commits a Class D felony.
SECTION 38. IC 9-17-4-15 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 15. (a) A person who knowingly:
(1) damages;
(2) removes; or
(3) alters;
an original or a special identification number commits a Class C
felony.
(b) A person who, with the intent to conceal evidence of the
commission of a crime, covers an original or special identification
number commits a Class C felony.
SECTION 39. IC 9-17-4-16 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 16. A person who knowingly sells or offers for sale a
motor vehicle with an original or a special identification number
that is:
(1) destroyed;
(2) removed;
(3) altered;
(4) covered; or
(5) defaced;
commits a Class D felony.
SECTION 40. IC 9-17-4-17 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 17. A person who knowingly or intentionally sells or
offers for sale a motor vehicle part with an identification number
that is:
(1) destroyed;
(2) removed;
(3) altered;
(4) covered; or
(5) defaced;
commits a Class D felony.
SECTION 41. IC 9-17-4-18 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 18. (a) For purposes of this section, "identification
number" means a set of numbers, letters, or both numbers and
letters that is assigned to a motor vehicle or motor vehicle part by:
(1) a manufacturer of motor vehicles or motor vehicle parts;
or
(2) a governmental entity to replace an original identification
number that is destroyed, removed, altered, or defaced.
(b) Subsection (c) does not apply to a person who manufactures
or installs a plate or label containing an identification number:
(1) in a program authorized by a manufacturer of motor
vehicles or motor vehicle parts; or
(2) as authorized by the bureau under this chapter.
(c) A person who knowingly or intentionally possesses a plate or
label that:
(1) contains an identification number; and
(2) is not attached to the motor vehicle or motor vehicle part
to which the identification number was assigned by the
manufacturer or a governmental entity;
commits a Class D felony.
(d) A person who knowingly or intentionally possesses a plate or
label on which the identification number is altered or removed
commits a Class D felony.
(e) A person who, with intent to defraud, possesses a plate or
label containing a set of numbers, letters, or both numbers and
letters that purports to be an identification number commits a
Class D felony.
SECTION 42. IC 9-17-4-19 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 19. (a) A person who:
(1) either:
(A) with the intent to conceal evidence of the commission
of a crime, operates a motor vehicle with an identification
number that is concealed; or
(B) operates a motor vehicle with an identification number
that is removed, defaced, destroyed, or obliterated; and
(2) has not applied under section 7 of this chapter for a new
special identification number;
commits a Class C infraction.
(b) If a person who violates subsection (a) cannot prove to the
satisfaction of the court that the person owns the motor vehicle, the
court shall confiscate and sell the motor vehicle. The proceeds from
the sale shall be used to pay the fine and costs of prosecution, and
the balance, if any, shall be deposited in the motor vehicle highway
account fund.
(c) If the fine and costs are not paid not later than thirty (30)
days after judgment is rendered under this section, the court shall
proceed to advertise and sell the motor vehicle in the manner
provided by law for the sale of personal property under execution.
(d) If at any time at which the motor vehicle remains in the
custody of the court or the court's officers under this section, the
owner appears and establishes the owner's title to the motor
vehicle to the satisfaction of the court, the motor vehicle shall be
returned to the owner. The owner shall then make application for
and may obtain an identification number and a title as provided in
this chapter. The owner may then use the motor vehicle upon
proper registration.
SECTION 43. IC 9-17-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. A person who holds
a lien on a motor vehicle, semitrailer, or recreational vehicle who has
repossessed the motor vehicle, semitrailer, or recreational vehicle and
wants to obtain a certificate of title for the motor vehicle, semitrailer,
or recreational vehicle in the person's name may obtain the certificate
of title from the bureau if:
(1) the person from whom the motor vehicle, semitrailer, or
recreational vehicle has been repossessed is shown by the records
of the bureau to be the last registered owner of the motor vehicle,
semitrailer, or recreational vehicle; and
(2) the person who holds the lien:
(A) has complied with this chapter; and
(B) establishes to the satisfaction of the bureau that the person
is entitled to the certificate of title.
SECTION 44. IC 9-17-6-2, AS AMENDED BY P.L.106-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. A person applying for a certificate of title under
this chapter must submit an application on a form furnished by the
bureau that contains the following information:
(1) A full description of the manufactured home.
(2) A statement of the person's title and of any lien or
encumbrance upon the manufactured home.
(3) The following printed statement:
"I swear or affirm that the information that I have entered on
this form is correct. I understand that making a false statement
on this form may constitute the crime of perjury.".
(4) The signature of the person applying for the certificate of title
directly under the statement set forth in subdivision (3).
(5) The following numbers, if the numbers are available:
(A) A unique serial number assigned by the manufacturer to
the manufactured home.
(B) The certification label number required by the United
States Department of Housing and Urban Development for the
manufactured home.
If neither the number described in clause (A) nor the number
described in clause (B) is available, the bureau may issue a
special identification number for the manufactured home under
this chapter.
(6) Any other information required under rules adopted under
IC 4-22-2 by the bureau.
SECTION 45. IC 9-17-6-4, AS AMENDED BY SEA 537-2013,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. Except as otherwise provided in this article,
if a certificate of title:
(1) has been previously issued for a manufactured home in
Indiana, an application for a certificate of title must be
accompanied by the certificate of title; or
(2) has not previously been issued for a manufactured home in
Indiana, the application must be accompanied by a manufacturer's
certificate of origin as provided in IC 9-32-5-3.
SECTION 46. IC 9-17-6-15.1, AS AMENDED BY P.L.106-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 15.1. (a) A person who:
(1) holds a certificate of title for;
(2) holds a certificate of origin for; or
(3) otherwise owns as an improvement;
a manufactured home that is attached to real estate by a permanent foundation may apply for an affidavit of transfer to real estate with the bureau.
(b) An application for an affidavit of transfer to real estate must contain the following:
(1) A full description of the manufactured home, including:
(A) a description; and
(B) the parcel number;
of the real estate to which the manufactured home is attached.
(2) One (1) or more of the following numbers:
(A) A unique serial number assigned by the manufacturer to the manufactured home.
(B) The certification label number required by the United States Department of Housing and Urban Development for the manufactured home.
(C) A special identification number issued by the bureau for the manufactured home.
(3) An attestation by the owner of the manufactured home that the manufactured home has been permanently attached to the real estate upon which it is located.
SECTION 47. IC 9-18-1-1, AS AMENDED BY SEA 523-2013, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) This article does not apply to the following:
(1) Farm wagons.
(2) Farm tractors.
(3) A new motor vehicle if the new motor vehicle is being operated in Indiana solely to remove it from an accident site to a storage location because:
(A) the new motor vehicle was being transported on a railroad car or semitrailer; and
(B) the railroad car or semitrailer was involved in an accident that required the unloading of the new motor vehicle to preserve or prevent further damage to it.
(4) An implement of agriculture designed to be operated primarily in a farm field or on farm premises, including the incidental operation of an implement of agriculture on a highway or street to transport the implement from a farm field or premises to another farm field or premises for use on the farm field or premises.
(5) Before January 1, 2014, off-road vehicles.
(6) Golf carts when operated in accordance with an ordinance adopted under IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a).
(7) Vehicles that are not issued a certificate of title under IC 9-17, unless otherwise provided in this article.
(b) After December 31, 2013, this article applies to off-road vehicles and snowmobiles.
(c) The bureau may not issue a license plate to or register a vehicle listed in subsection (a) unless otherwise specifically provided in this article.
SECTION 48. IC 9-18-2-7, AS AMENDED BY HEA 1001-2013, SECTION 115, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) A person who owns a vehicle that is operated on Indiana roadways and subject to registration shall register
(1) A vehicle subject to section 8 of this chapter shall be registered under section 8 of this chapter.
(2) Subject to subsection (g) or (h), a vehicle not subject to section 8 or 8.5 of this chapter or to the International Registration Plan shall be registered before:
(A) March 1 of each year; or
(B) an earlier date subsequent to January 1 of each year as set by the bureau.
(3) School buses owned by a school corporation are exempt from annual registration but are subject to registration under IC 20-27-7.
(4) Subject to subsection (f), a vehicle subject to the International Registration Plan shall be registered before April 1 of each year.
(5) A school bus not owned by a school corporation shall be registered subject to section 8.5 of this chapter.
(b) Registrations and reregistrations under this section are for the calendar year. Registration and reregistration for school buses owned by a school corporation may be for more than a calendar year.
(c) License plates for a vehicle subject to this section may be displayed during:
(1) the calendar year for which the vehicle is registered; and
(2) the period of time:
(A) subsequent to the calendar year; and
(B) before the date that the vehicle must be reregistered.
(d) Except as provided in IC 9-18-12-2.5, a person who owns or operates a vehicle may not operate or permit the operation of a vehicle that:
(1) is required to be registered under this chapter; and
(2) has expired license plates.
(e) If a vehicle that is required to be registered under this chapter has:
(1) been operated on the highways; and
(2) not been properly registered under this chapter;
the bureau shall, before the vehicle is reregistered, collect the registration fee that the owner of the vehicle would have paid if the vehicle had been properly registered.
(f) The department of state revenue may adopt rules under IC 4-22-2 to issue staggered registration to motor vehicles subject to the International Registration Plan.
(g) Except as provided in section 8.5 of this chapter, the bureau may adopt rules under IC 4-22-2 to issue staggered registration to motor vehicles described in subsection (a)(2).
(h) After June 30, 2011, the registration of a vehicle under
(1) throughout calendar year 2011; and
(2) during the period that:
(A) begins January 1, 2012; and
(B) ends on the date on which the vehicle was due for reregistration under the law in effect before this subsection
took effect.
(i) If a vehicle is registered under IC 9-18-47 (before its repeal) and
the registration of the vehicle is in effect on June 30, 2013, the
registration of the vehicle remains valid:
(1) throughout calendar year 2013; and
(2) during the period that:
(A) begins January 1, 2014; and
(B) ends on the date on which the vehicle was due for
reregistration under IC 9-18.
This subsection expires January 1, 2016.
SECTION 49. IC 9-18-2-8, AS AMENDED BY P.L.26-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. (a) Except as provided in section 7(h) of this
chapter and subsection (f), the bureau shall determine the schedule for
registration for the following categories of vehicles:
(1) Passenger motor vehicles.
(2) Recreational vehicles.
(3) Motorcycles.
(4) Trucks that:
(A) are regularly rented to others for not more than
twenty-nine (29) days in the regular course of the corporation's
business; and
(B) have a declared gross weight of not more than eleven
thousand (11,000) pounds.
(b) Except as provided in IC 9-18-12-2.5, a person that owns a
vehicle shall receive a license plate, renewal tag, or other indicia upon
registration of the vehicle. The bureau may determine the device
indicia required to be displayed.
(c) A corporation that owns a truck that has a declared gross weight
of not more than eleven thousand (11,000) pounds vehicle that is
regularly rented to others for periods of not more than twenty-nine (29)
days in the regular course of the corporation's business must register
the truck before March 1 of each year. vehicle on the date prescribed
by the bureau.
(d) A person that owns a vehicle in a category required to be
registered under this section and desires to register the vehicle for the
first time must apply to the bureau for a certificate of registration.
application form. The bureau shall do the following:
(1) Administer the certificate of registration. application form.
(2) Issue the license plate according to the bureau's central fulfillment processes.
(3) Collect the proper registration and service fees in accordance with the procedure established by the bureau.
(e) Except as provided in IC 9-18-12-2.5, the bureau shall issue a semipermanent plate under section 30 of this chapter, or:
(1) an annual renewal tag; or
(2) other indicia;
to be affixed on the semipermanent plate.
(f) After June 30, 2011, the registration of a vehicle under
(1) throughout calendar year 2011; and
(2) during the period that:
(A) begins January 1, 2012; and
(B) ends on the date on which the vehicle was due for reregistration under the law in effect before this subsection took effect.
SECTION 50. IC 9-18-2-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. (a) The bureau shall use due diligence in examining and determining the genuineness, regularity, and legality of the following:
(1)
(2)
(3) Any other application or request made to the bureau under this article.
(b) The bureau may:
(1) make investigations or require additional information; and
(2) reject an application or request;
if the bureau is not satisfied of the genuineness, regularity, or legality of an application or the truth of a statement contained in an application or request, or for any other reason.
SECTION 51. IC 9-18-2-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. (a) Except as provided in
(1) applies at the same time for and is granted a certificate of title for the motor vehicle, semitrailer, or recreational vehicle; or
(2) presents satisfactory evidence that a certificate of title has been previously issued to the person that covers the motor vehicle, semitrailer, or recreational vehicle.
(b) If the bureau at any time determines that a certificate of title for a motor vehicle cannot be issued or is invalid, the bureau:
(1) shall not issue or furnish; or
(2) may invalidate;
the certificate of registration for the vehicle.
SECTION 52. IC 9-18-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. The bureau may not register the following motor vehicles:
(1) A motor vehicle that:
(2) A motor vehicle that does not comply with applicable motor vehicle equipment requirements under IC 9-19.
SECTION 53. IC 9-18-2-21, AS AMENDED BY HEA 1082-2013, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 21.
(1) in the vehicle to which the registration refers; or
(2) by the person driving or in control of the vehicle, who shall display the registration upon the demand of a police officer.
SECTION 54. IC 9-18-2-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 23. (a) This section does not apply to a vehicle registered as a recovery vehicle under IC 9-18-13.
(b) A transport operator may, instead of registering each motor vehicle transported, make a verified application upon a form prescribed by the bureau and furnished by the bureau for a general distinctive registration number for all motor vehicles transported by the transport operator and used and operated for the purposes provided. The application must contain the following:
(1) A brief description of each style or type of motor vehicle transported.
(2) The name and address, including the county of residence, of the transport operator.
(3) Any other information the bureau requires.
(c) The bureau, upon receiving:
(1) an application for a transport operator license plate; and
(2) the proper fee;
shall issue to the person who submitted the application and fee two (2) certificates of registration and the license plates with numbers corresponding to the numbers of the certificates of registration. A transport operator may obtain as many additional pairs of license plates as desired upon application and the payment to the bureau of the fee prescribed under IC 9-29 for each pair of additional license plates.
(d) A license plate or sign other than those furnished and approved by the bureau may not be used.
(e) A transport operator license plate may not be used on a vehicle used or operated on a highway, except for the purpose of transporting vehicles in transit. A person may haul other vehicles or parts of vehicles in transit in the same combination.
(f) A transport operator may not operate a vehicle or any combination of vehicles in excess of the size and weight limits specified by law.
(g) A license plate shall be displayed on the front and rear of each
combination, and if only one (1) motor vehicle is transported, a license
plate shall be displayed on both the front and rear of the motor vehicle.
(h) The bureau may adopt rules to prescribe the conditions under
which not issue transport operator license plates may be issued to a
transport operator who has been convicted of violating this section until
the bureau issues the transport operator a new license plate. is satisfied
that the transport operator is able to comply with the requirements
of this section.
SECTION 55. IC 9-18-2-26, AS AMENDED BY SEA 537-2013,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 26. (a) License plates, including temporary
license plates, shall be displayed as follows:
(1) For a motorcycle, trailer, semitrailer, or recreational vehicle,
upon the rear of the vehicle, except as provided in subdivision (4).
(2) For a tractor or dump truck, upon the front of the vehicle.
(3) For every other vehicle, upon the rear of the vehicle, except as
provided in subdivision (4).
(4) For a truck with a rear mounted forklift or a mechanism to
carry a rear mounted forklift or implement, upon the front of the
vehicle.
(b) A license plate shall be securely fastened, in a horizontal
position, to the vehicle for which the plate is issued:
(1) to prevent the license plate from swinging;
(2) at a height of at least twelve (12) inches from the ground,
measuring from the bottom of the license plate;
(3) in a place and position that are clearly visible;
(4) maintained free from foreign materials and in a condition to
be clearly legible; and
(5) not obstructed or obscured by tires, bumpers, accessories, or
other opaque objects.
(c) An interim license plate must be displayed in the manner
required by IC 9-32-6-11(f).
(d) The bureau may adopt rules the bureau considers advisable to
enforce the proper mounting and securing of license plates on vehicles
consistent with this chapter.
SECTION 56. IC 9-18-2-28 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 28. Notwithstanding any other law, license plates for:
(1) passenger motor vehicles;
(2) recreational vehicles;
SECTION 57. IC 9-18-2-30 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 30. Except as otherwise provided, the bureau shall issue to the owner of each vehicle subject to registration one (1) license plate upon the registration of the vehicle.
SECTION 58. IC 9-18-2-32 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 32. (a) Except as provided in subsection (b), a license plate issued under section 30 of this chapter:
(1) must be six (6) inches wide and twelve (12) inches long;
(2) must display
(3) may have a prefix of at least one (1) letter of the alphabet to designate the type of vehicle registered; and
(4) shall be treated with special reflective material designed to increase the visibility and legibility of the license plate.
(b) The bureau may issue license plates in a different size or character if the bureau determines that the change is appropriate to effect the proper display of the license plates.
SECTION 59. IC 9-18-2-34.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 34.1. Except as provided in IC 9-17-4, the bureau may not register or issue a certificate of title for the operation of a motor vehicle that does not have an identification number.
SECTION 60. IC 9-18-2-35 IS REPEALED [EFFECTIVE JULY 1, 2013].
article.
SECTION 61. IC 9-18-2-38 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 38. A license plate
issued under this chapter remains valid if the person who registered the
passenger motor vehicle or recreational vehicle changes the person's
county of residence during the term of the license plate. A person who
registers a passenger motor vehicle or recreational vehicle and who
changes the person's county of residence may, at the time of
reregistration:
(1) retain the license plate originally issued; or
(2) request a new license plate at no additional cost to the person,
indicating the person's new county of residence.
SECTION 62. IC 9-18-2-47, AS AMENDED BY P.L.87-2010,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 47. (a) The commissioner shall adopt rules under
IC 4-22-2 prescribing the cycle for the issuance and replacement of
license plates under this article. The rules adopted under this section
shall provide that a license plate for a vehicle issued under this article
is valid for five (5) years.
(b) The rules adopted under this section do not apply to:
(1) truck license plates issued under section 4.5 or 18 of this
chapter; and
(2) general assembly and other state official license plates issued
under IC 9-18-16. and
(3) personalized license plates issued under IC 9-18-15.
SECTION 63. IC 9-18-2-49 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 49. (a) Notwithstanding
IC 9-18-2-32, section 32 of this chapter, if a person is:
(1) initially registering a motor vehicle; or
(2) renewing the registration for a motor vehicle that needs a new
license plate;
the bureau may issue a temporary paper or cardboard license plate to
the person for use on the motor vehicle.
(b) A temporary license plate issued under subsection (a) is valid for
thirty (30) days after the date of its issuance.
SECTION 64. IC 9-18-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The bureau may
accept an application by mail for a license plate for a:
(1) motor vehicle;
SECTION 65. IC 9-18-4-2 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 66. IC 9-18-6-1 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 67. IC 9-18-6-2, AS AMENDED BY P.L.109-2011, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Except as provided in
(1) lost or stolen;
(2)
(3) destroyed;
the person in whose name the license plate was issued may obtain from the bureau a duplicate or a replacement license plate by filing with the bureau an application on a form provided by the bureau duly sworn to as provided in IC 9-18-2.
(b) If a license plate is lost or stolen, the bureau may not issue a duplicate or replacement license plate until the person in whose name the plate was issued has first notified:
(1) the Indiana law enforcement agency that has jurisdiction
where the loss or theft occurred; or
(2) the law enforcement agency that has jurisdiction over the
address listed on the registration;
that the original license plate has been lost or stolen.
(c) A law enforcement agency to whom a loss or theft is reported
shall complete and present to the person reporting the loss or theft a
form provided by the bureau indicating that the loss or theft has been
reported.
(d) The person must present the form described under subsection (c)
to the bureau before a replacement license plate may be obtained.
(e) If a license plate for a commercial vehicle is lost, mutilated, or
destroyed, the person in whose name the plate was issued shall notify:
(1) the Indiana law enforcement agency that has jurisdiction
where the loss occurred; and
(2) the bureau;
that the original license plate has been lost, mutilated, or destroyed. In
order to receive a duplicate or a replacement license plate, the person
in whose name the license plate was issued must complete and submit
to the bureau an application and affidavit designed by the bureau.
(f) (e) The bureau shall charge a fee for a duplicate or replacement
license plate under subsections (b) and (e) as set forth in IC 9-29-5-17.
(g) (f) A duplicate or replacement license plate must be displayed
in the same manner as the original license plate was displayed.
SECTION 68. IC 9-18-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) Upon the
disposition by sale or other means of a motor vehicle, trailer,
semitrailer, recreational vehicle, or motor home currently registered in
Indiana, the license plate from the disposed motor vehicle, trailer,
semitrailer, recreational vehicle, or motor home may be:
(1) transferred by the person who is the current registrant to any
other vehicle of the same type acquired by the person; and
(2) operated in Indiana for not more than thirty-one (31) days after
the date the person acquires ownership of the vehicle.
(b) The person who is the registrant must have in the person's
possession a:
(1) manufacturer's certificate of origin;
(2) duly assigned certificate of title; or
(3) notarized bill of sale;
indicating that the person is the owner of the vehicle to which the
unexpired license plates are affixed.
SECTION 69. IC 9-18-7-1, AS AMENDED BY P.L.125-2012,
SECTION 106, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. (a) A person may apply for and
receive a temporary registration permit for a motor vehicle, semitrailer,
trailer designed to be used with a semitrailer, or recreational vehicle.
(b) A temporary registration permit is valid for a period of thirty
(30) days from the date of issuance and authorizes the use of the motor
vehicle, semitrailer, trailer designed to be used with a semitrailer, or
recreational vehicle on the highways if any of the following conditions
exist:
(1) The person has purchased or otherwise obtained the vehicle
in Indiana and will be titling or registering the vehicle in another
state or foreign country.
(2) The person is a resident of Indiana and is intending to move
to another state and the current vehicle registration or temporary
permit will expire before the person moves.
(3) The person is a resident of Indiana and the vehicle registration
in another state has expired and the person has applied for an
Indiana title for the vehicle.
(4) The person is a manufacturer of semitrailers or trailers
designed to be used with a semitrailer that may be leased by the
manufacturer to any person, including a motor carrier, for not
more than the term of the special registration permit. This
subdivision does not prohibit the transportation of property on a
semitrailer or trailer operating under a temporary registration
permit. A copy of the lease must accompany the semitrailer or
trailer.
(5) (4) The person owns and operates the vehicle and the person:
(A) does not operate the vehicle as a lessor; and
(B) moves the empty vehicle from one (1) lessee-carrier to
another.
(6) (5) The person owns a vehicle for which emissions testing is
required and the vehicle will require further mechanical repairs
in order to comply with the emissions testing requirements.
(c) The bureau shall prescribe the form of a temporary registration
permit.
(d) A temporary registration permit shall be displayed on a vehicle
in a manner determined by the bureau.
SECTION 70. IC 9-18-8 IS REPEALED [EFFECTIVE JULY 1, 2013]. (Identification Numbers).
SECTION 71. IC 9-18-12-2, AS AMENDED BY P.L.79-2006, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Except as provided in section 2.5 of this chapter, the bureau shall issue one (1) license plate to the person who owns an antique motor vehicle that is registered under this chapter.
(b) Subject to subsection (c), a license plate for an antique motor vehicle shall be manufactured according to the bureau's specifications.
(c) A license plate issued under this chapter shall:
(1) contain:
(A) the registration number assigned to the registration certificate by the bureau; and
(B)
(2) indicate the year for which the antique motor vehicle has been registered.
(d) Instead of issuing a new license plate each time that an antique motor vehicle is registered, the bureau may issue to the person who owns the antique motor vehicle a tag or sticker that indicates the year for which the motor vehicle has been registered.
(e) A license plate issued under this chapter shall be securely attached to the rear of an antique motor vehicle.
SECTION 72. IC 9-18-14-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) If a person who owns a military vehicle registers the military vehicle under this chapter the
pertinent military regulations.
(b) A military vehicle registered under this chapter is not
required to display a license plate in order to be operated on a
public highway.
SECTION 73. IC 9-18-15-1, AS AMENDED BY HEA 1279-2013,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) A person who is the registered owner or
lessee of a:
(1) passenger motor vehicle;
(2) motorcycle;
(3) recreational vehicle; or
(4) vehicle registered as a truck with a declared gross weight of
not more than eleven thousand (11,000) pounds;
registered with the bureau or who makes an application for an original
registration or renewal registration of a vehicle may apply to the bureau
for a personalized license plate to be affixed to the vehicle for which
registration is sought instead of the regular license plate.
(b) A person who:
(1) is the registered owner or lessee of a vehicle described in
subsection (a); and
(2) is eligible to receive a license plate for the vehicle under:
(A) IC 9-18-17 (prisoner of war license plates);
(B) IC 9-18-18 (disabled Hoosier veteran license plates);
(C) IC 9-18-19 (Purple Heart license plates);
(D) IC 9-18-20 (National Guard license plates);
(E) IC 9-18-21 (Indiana Guard Reserve license plates);
(F) (E) IC 9-18-22 (license plates for persons with
disabilities);
(G) (F) IC 9-18-23 (amateur radio operator license plates);
(H) (G) IC 9-18-24 (civic event license plates);
(I) (H) IC 9-18-24.5 (In God We Trust license plates);
(J) (I) IC 9-18-25 (special group recognition license plates);
(K) (J) IC 9-18-29 (environmental license plates);
(L) (K) IC 9-18-30 (kids first trust license plates);
(M) (L) IC 9-18-31 (education license plates);
(N) (M) IC 9-18-32.2 (drug free Indiana trust license plates);
(O) (N) IC 9-18-33 (Indiana FFA trust license plates);
(P) (O) IC 9-18-34 (Indiana firefighter license plates);
(Q) (P) IC 9-18-35 (Indiana food bank trust license plates);
may apply to the bureau for a personalized license plate to be affixed to the vehicle for which registration is sought instead of the regular special recognition license plate.
SECTION 74. IC 9-18-15-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) A personalized license plate may be the same color and size and contain similar required information as regular license plates issued for the respective class of vehicle.
(b) A personalized license plate is limited to the:
(1) numerals 0 through 9; or
(2) letters A through Z;
in a continuous combination of numbers and letters with at least two (2) positions.
(c) A personalized license plate may not
(d) Only one (1) personalized plate, without regard to classification of registration, may be issued by the bureau with the same configuration of numbers and letters.
SECTION 75. IC 9-18-15-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) A person who applies for:
(1) a personalized license plate; or
(2) the renewal of a personalized license plate in the subsequent period;
must file an application in the manner the bureau requires, indicating the combination of letters or numerals, or both, requested
(b) The bureau may refuse to issue a combination of letters or numerals, or both, that:
(1) carries a connotation offensive to good taste and decency;
(2) would be misleading; or
(3) the bureau otherwise considers improper for issuance.
SECTION 76. IC 9-18-15-5.5, AS ADDED BY P.L.103-2006, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5.5.
SECTION 77. IC 9-18-15-8, AS AMENDED BY P.L.2-2005, SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) If a person has registered a vehicle and has been issued a personalized license plate for use on a leased vehicle, and:
(1) the person cancels the lease; or
(2) the lease expires during the registration year;
the person may transfer the registration to another vehicle eligible to be registered under this chapter.
combination of numerals and letters returned under subsection (a) upon
receiving an application for registration under this chapter.
SECTION 78. IC 9-18-15-9 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 9. A person who has registered a vehicle with the current
year's license plate and applies for a personalized license plate for the
same vehicle shall surrender the regular license plate and registration
to the bureau when the personalized license plate is delivered to the
person.
SECTION 79. IC 9-18-15-10, AS AMENDED BY P.L.233-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10. (a) In addition to the applicable excise tax
imposed under IC 6-6-5, the regular registration fees, and any
additional fee required to receive a special recognition license plate
described in section 1(b) of this chapter, a person applying for or
renewing the registration of a personalized license plate shall pay the
personalized license plate fee under IC 9-29-5-32.5 upon an original
application or registration renewal, as provided in this chapter.
(b) Each license branch The bureau shall collect the personalized
license plate fee at the time of application or registration renewal for
the personalized license plate.
(c) Upon the payment of the required fee and service charges for an
original application or renewal of a personalized license plate, the
bureau shall issue a receipt. designating and acknowledging a state fee
and the service charge under IC 9-29.
(d) The payment of regular registration fees and excise tax, if
applicable, may be deferred until the time that the personalized license
plate is delivered to the person who applied for the plate.
(e) A license branch (d) The bureau shall collect the service charge
prescribed under IC 9-29 for each initial or renewal application for a
personalized license plate as a reservation and special processing fee.
SECTION 80. IC 9-18-15-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. If a person who
applies for a personalized license plate with a given configuration of
letters or numbers is not able to obtain the license plate requested or a
satisfactory alternative configuration, a license branch the bureau shall
refund the entire personalized license plate fee to the person.
However, a refund of a personalized license plate fee may not be made
when the person who applies for the personalized license plate cancels
the request.
SECTION 81. IC 9-18-16-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) License plates shall be issued to the following:
(1) Members of the general assembly.
(2) Spouses of members of the general assembly.
(3) Other state officials who receive special license plates on an annual basis.
(b) A license plate issued under this chapter may also be issued to a company or business owned by a person described in subsection (a).
SECTION 82. IC 9-18-19-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) The bureau shall design
(b) The bureau may issue a license plate designed under subsection (a) to the following types of vehicles:
(1) A passenger motor vehicle.
(2) A truck with a declared gross weight of at least seven thousand (7,000) pounds but less than eleven thousand (11,000) pounds.
(3) A recreational vehicle.
(4) A motorcycle.
SECTION 83. IC 9-18-19-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.5. (a) An individual who qualifies for a Purple Heart license plate under section 1 of this chapter may not be charged the following:
(1) A fee for parking the individual's motor vehicle displaying the license plate issued under section 1 of this chapter in a metered space.
(2) A penalty for parking the individual's motor vehicle displaying the license plate issued under section 1 of this chapter in a metered space for longer than the time permitted.
(b) This section does not authorize parking of a motor vehicle in places where parking is not allowed at any time or at a specified time if the prohibition is posted and authorized by ordinances in cities and towns or by order of the Indiana department of
transportation.
(c) A person other than the owner of the motor vehicle
displaying a Purple Heart license plate authorized by this chapter
is not entitled to the parking privileges authorized by this section.
SECTION 84. IC 9-18-21 IS REPEALED [EFFECTIVE JULY 1,
2013]. (Indiana Guard Reserve License Plates).
SECTION 85. IC 9-18-22-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The bureau shall
issue a license plate or decal for a person with a disability that
designates a vehicle as a vehicle that is regularly used to transport a
person who:
(1) has been issued a permanent parking placard under IC 9-14-5;
(2) has a permanent physical disability that requires the use of a
wheelchair, walker, braces, or crutches, as certified by a health
care provider listed in subdivision (4);
(3) has permanently lost the use of one (1) or both legs;
(4) is certified by a physician having an unlimited license to
practice medicine in Indiana to be severely and permanently
restricted
(A) in mobility
(B) by due to a pulmonary or cardiovascular disability,
(C) by an arthritic condition, or
(D) by an orthopedic or a neurological impairment by:
(A) a physician having a valid, unrestricted license to
practice medicine;
(B) a physician who is a commissioned medical officer of
the armed forces of the United States or of the United
States Public Health Service;
(C) a physician who is a medical officer of the United
States Department of Veterans Affairs;
(D) a chiropractor with a valid, unrestricted license under
IC 25-10-1;
(E) a podiatrist with a valid, unrestricted license under
IC 25-29-1; or
(F) an advanced practice nurse with a valid, unrestricted
license under IC 25-23; or
(5) is certified by an optometrist or ophthalmologist licensed to
practice in Indiana to be:
(A) blind (as defined in IC 12-7-2-21(2)); or
(B) visually impaired (as defined in IC 12-7-2-198).
SECTION 86. IC 9-18-22-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. The license plate
(1) the official international wheelchair symbol;
(2) a reasonable facsimile of the international wheelchair symbol; or
(3) another symbol selected by the bureau;
to designate the vehicle as being used to transport a person with a disability.
SECTION 87. IC 9-18-22-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. The license plate
(1) A person with a disability.
(2) A person who owns a vehicle that is:
(A) frequently operated by a person with a disability; or
(B) used to transport a person with a disability.
SECTION 88. IC 9-18-22-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. The license plate
(1) shall be assigned to a vehicle subject to registration under Indiana law; and
(2) may be displayed only on a legally registered vehicle.
SECTION 89. IC 9-18-22-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. The motor vehicle bearing the license plate
SECTION 90. IC 9-18-22-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) A person who knowingly and falsely professes to have the qualifications to obtain a license plate
(b) A person who owns a vehicle bearing a license plate
SECTION 91. IC 9-18-23-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 6. Beginning July 1, 2013, the bureau shall issue a
license plate under this chapter on a semipermanent basis.
SECTION 92. IC 9-18-27-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 0.5. (a) The bureau may design
and issue a dealer designee license plate for use without restriction
by the bureau or a designee of a dealer or manufacturer.
(b) A dealer or manufacturer is to be assessed and pay the
motor vehicle excise tax under IC 6-6-5 attributable to that part of
the total year that the designee of the dealer or manufacturer
operates the motor vehicle for which the dealer designee license
plate is issued.
(c) A dealer or manufacturer shall report to the bureau on a
form issued by the bureau the date of assignment to a designee, the
designee's name and address, and the date of termination of the
assignment.
(d) The tax calculated under subsection (b) shall be paid to a
designee or at the time the dealer or manufacturer purchases
license plates under this chapter.
SECTION 93. IC 9-18-46.2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) This section
applies with regard to a state educational institution trust license plate
supporting a state educational institution in a year following a year:
(1) in which at least ten thousand (10,000) of the state educational
institution trust license plates are sold or renewed; and
(2) beginning after December 31, 1998.
(b) The treasurer of state shall establish a special account within a
trust fund for each state educational institution described in subsection
(a)(1).
(c) The bureau shall require a person who purchases a state
educational institution trust license plate under this section to designate
the state educational institution the person chooses to receive the
annual fee that the person pays under section 5(2) of this chapter as the
corresponding state educational institution designated in section 4 of
this chapter.
(d) The treasurer of state shall deposit the annual fee collected under
section 5(2) of this chapter into a special account within a trust fund for
the state educational institution designated by the purchaser in
subsection (c).
(e) The treasurer of state shall invest the money in the special account not distributed in the same manner as other public trust funds are invested. Interest that accrues from these investments shall be deposited in the special account.
(f) The auditor of state monthly shall distribute the money from the special account to the state educational institution's authorized alumni association.
(g) Money in the special account at the end of a state fiscal year does not revert to the state general fund.
SECTION 94. IC 9-18-50-5, AS ADDED BY P.L.58-2006, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. A Hoosier veteran license plate issued under this chapter may be displayed on the following:
(1) A passenger motor vehicle.
(2) A truck registered as a truck with a declared gross weight of not more than eleven thousand (11,000) pounds.
(3) A recreational vehicle.
(4) A motorcycle.
SECTION 95. IC 9-18-50-6, AS ADDED BY P.L.58-2006, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. A veteran who is a resident of Indiana and is eligible to register a motor vehicle under this title may apply for and receive a Hoosier veteran license plate for one (1) or more motor vehicles upon doing the following:
(1) Completing an application for a Hoosier veteran license plate.
(2) Presenting:
(A) a United States Uniformed Services Retiree Identification Card;
(B) a DD 214 or DD 215 record;
(C) United States military discharge papers; or
(D) a current armed forces identification card;
to the bureau.
(3) Paying the fee under section 7 of this chapter.
SECTION 96. IC 9-18-51-3, AS ADDED BY P.L.58-2006, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. A support our troops license plate issued under
this chapter may be displayed on the following:
(1) A passenger motor vehicle.
(2) A truck registered as a truck with a declared gross weight of
not more than eleven thousand (11,000) pounds.
(3) A recreational vehicle.
(4) A motorcycle.
SECTION 97. IC 9-18-52-5, AS ADDED BY P.L.30-2008,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. A license plate issued under this chapter may
be displayed on the following:
(1) A passenger motor vehicle.
(2) A truck registered as a truck with a declared gross weight of
not more than eleven thousand (11,000) pounds.
(3) A recreational vehicle.
(4) A motorcycle.
SECTION 98. IC 9-18-54-4, AS ADDED BY P.L.87-2010,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. An Indiana Gold Star family member license
plate issued under this chapter may be displayed on the following:
(1) A passenger motor vehicle.
(2) A truck registered as a truck with a declared gross weight of
not more than eleven thousand (11,000) pounds.
(3) A recreational vehicle.
(4) A motorcycle.
SECTION 99. IC 9-19-8-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 0.5. A motor vehicle that is at least twenty-five (25)
years old is not required to have a catalytic converter installed as
equipment on the motor vehicle unless a catalytic converter on the
motor vehicle is required by rules adopted under IC 13-17-5.
SECTION 100. IC 9-19-10-4 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 4. The bureau, in cooperation with the Indiana
department of transportation, division of traffic safety, shall develop
and administer educational programs for the purpose of informing the
general public of the benefits that will inure to passengers using safety
belts.
SECTION 101. IC 9-19-10-6 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 6. (a) A safety belt must be of a type and must be
installed in a manner approved by the bureau.
(b) The bureau shall establish specifications and requirements for
approved types of safety belts and attachments to the safety belts.
(c) The bureau shall accept, as approved, a seat belt installation and
the belt and anchor meeting the Society of Automotive Engineers'
specifications.
SECTION 102. IC 9-19-10-7, AS AMENDED BY P.L.214-2007,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013] Sec. 7. (a) Failure to comply with section 1, 2, or 3.1(a)
or 4 of this chapter does not constitute fault under IC 34-51-2 and does
not limit the liability of an insurer.
(b) Except as provided in subsection (c), evidence of the failure to
comply with section 1, 2, or 3.1(a) or 4 of this chapter may not be
admitted in a civil action to mitigate damages.
(c) Evidence of a failure to comply with this chapter may be
admitted in a civil action as to mitigation of damages in a product
liability action involving a motor vehicle restraint or supplemental
restraint system. The defendant in such an action has the burden of
proving noncompliance with this chapter and that compliance with this
chapter would have reduced injuries, and the extent of the reduction.
SECTION 103. IC 9-19-10-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. A person who
violates section 5 or 6 of this chapter commits a Class C infraction.
SECTION 104. IC 9-22-1-5, AS AMENDED BY P.L.125-2012,
SECTION 114, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5. When an officer discovers a
vehicle in the possession of a person other than the owner of the
vehicle and the person cannot establish the right to possession of the
vehicle, the vehicle shall be taken to and stored in a suitable place
determined by the officer.
SECTION 105. IC 9-22-1-16, AS AMENDED BY P.L.54-2009,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 16. (a) If after twenty-four (24) hours the person
who owns a vehicle believed to be abandoned on private property that
the person owns or controls, including rental property, has not removed
the vehicle from the private property, the person who owns or controls
the private property on which the vehicle is believed to be abandoned
may have the vehicle towed from the private property.
(b) Notwithstanding subsection (a), in an emergency situation a
vehicle believed to be abandoned on private property may be
removed immediately. As used in this subsection, "emergency
situation" means that the presence of the abandoned vehicle believed
to be abandoned interferes physically with the conduct of normal
business operations of the person who owns or controls the private
property or poses a threat to the safety or security of persons or
property, or both.
SECTION 106. IC 9-22-1-21.5, AS ADDED BY P.L.125-2012,
SECTION 124, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 21.5. (a) An individual, a firm, a
limited liability company, or a corporation that performs labor,
furnishes materials or storage, or does repair work on a motor vehicle,
trailer, semitrailer, or recreational vehicle at the request of the person
that owns the vehicle has a lien on the vehicle for the reasonable value
of the charges for the labor, materials, storage, or repairs.
(b) An individual, a firm, a partnership, a limited liability company,
or a corporation that provides towing services for a motor vehicle,
trailer, semitrailer, or recreational vehicle:
(1) at the request of the person that owns the motor vehicle,
trailer, semitrailer, or recreational vehicle;
(2) at the request of an individual, a firm, a partnership, a limited
liability company, or a corporation on whose property an
abandoned motor vehicle, trailer, semitrailer, or recreational
vehicle is located; or
(3) in accordance with this chapter;
has a lien on the vehicle for the reasonable value of the charges for the
towing services and other related costs in accordance with IC 9-22-6.
An individual, a firm, a partnership, a limited liability company, or a
corporation that obtains a lien for an abandoned vehicle under
subdivision (2) this section must comply with sections 16, 17, and 19
of this chapter and IC 9-22-6.
(c) If:
(1) the charges made under subsection (a) or (b) are not paid; and
(2) the motor vehicle, trailer, semitrailer, or recreational vehicle
is not claimed;
not later than thirty (30) days after the date on which the vehicle is left
in or comes into the possession of the individual, firm, limited liability
company, or corporation for repairs, storage, towing, or the furnishing
of materials, the individual, firm, limited liability company, or
corporation may advertise the vehicle for sale. The vehicle may not be
sold earlier than fifteen (15) days after the date the advertisement
required by subsection (d) has been placed or fifteen (15) days after
notice required by subsection (e) has been sent, whichever is later.
(d) Before a vehicle may be sold under subsection (c), an
advertisement must be placed in a newspaper that is printed in English
and of general circulation in the city or town in which the place of
business of the lienholder is located. If the lienholder is located outside
the corporate limits of a city or a town, the advertisement must be
placed in a newspaper of general circulation in the county in which the
place of business of the lienholder is located. The advertisement must
contain at least the following information:
(1) A description of the vehicle, including make, type, and
manufacturer'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 that holds the lien must:
(1) notify the owner of the vehicle and any other person that holds
a lien of record at the owner's or other lienholder's last known
address by certified mail, return receipt requested; or
(2) if the vehicle is an abandoned vehicle, provide notice as
required under subdivision (1) if the location of the owner of the
vehicle or a lienholder of record is determined by the bureau in a
search under section 19 of this chapter;
that the vehicle will be sold at public auction on a specified date to
satisfy the lien imposed by this section.
(f) A person that holds a lien of record on a vehicle subject to sale
under this section may pay the storage, repair, towing, or service
charges due. If the person that holds the lien of record elects to pay the
charges due, the person is entitled to possession of the vehicle and
becomes the holder of the lien imposed by this section.
(g) If the owner of a vehicle subject to sale under this section does
not claim the vehicle and satisfy the lien on the vehicle, the vehicle
may be sold at public auction to the highest and best bidder. A person
that holds a lien under this section may purchase a vehicle subject to
sale under this section.
(h) A person that holds a lien under this section may deduct and
retain the amount of the lien and the cost of the advertisement required
under subsection (d) from the purchase price received for a vehicle sold
under this section. After deducting from the purchase price the amount
of the lien and the cost of the advertisement, the person shall pay the
surplus of the purchase price to the owner of the vehicle if the owner's
address or whereabouts are known. If the address or whereabouts of the
owner of the vehicle are not known, the surplus of the purchase price
shall be paid over to the clerk of the circuit court of the county in which
the person that holds the lien has a place of business for the use and
benefit of the owner of the vehicle.
(i) A person that holds a lien under this section shall execute and
deliver to the purchaser of a vehicle under this section a sales
certificate in the form designated by the bureau, setting forth the
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 the
advertisement was made as required under subsection (d).
Whenever the bureau receives an application for certificate of title
accompanied by these items from the purchaser, the bureau shall issue
a certificate of title for the vehicle under IC 9-17.
(j) A person that knowingly, intentionally, or recklessly violates this
section commits a Class A misdemeanor.
SECTION 107. IC 9-22-1.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. A private property
owner who finds a mobile home that the person believes to be
abandoned on property the person owns or controls, including rental
property, may sell or salvage the mobile home if it has been left without
permission on the owner's property for at least thirty (30) days. The
thirty (30) day period begins on the day the property owner sends
notice under section 3 of this chapter to the owner of the mobile
home.
SECTION 108. IC 9-22-1.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The thirty (30)
day period described in section 2 of this chapter begins the day written
notice is sent by the A property owner shall send notice of a mobile
home described in section 2 of this chapter as follows:
(1) To the last known address of the owner of the mobile home at
the last known address of the owner as shown by the records in
of the bureau. of motor vehicles or personally delivered to the
owner of the mobile home. If the property owner is unable to
determine the address of the mobile home owner, the property
owner may serve the mobile home owner by posting the notice on
the mobile home.
(2) To:
(A) a lienholder with a perfected security interest in the
mobile home; or
(B) any other person known to claim an interest in the
mobile home;
as shown by the records of the bureau.
If the notice is mailed, the property owner shall send notice by certified
mail, return receipt requested. Notice by mail or personally delivered,
under this subsection must include a description of the mobile home
and a conspicuous statement that the mobile home is on the owner's
property without the owner's permission. If the owner of a mobile home
changes the owner's address from that maintained in the records of the
bureau, the owner shall immediately notify the property owner of the
new address.
(b) A property owner may provide notice under subsection (a)
by the following methods:
(1) Certified mail, return receipt requested.
(2) Personal delivery.
(3) Electronic service under IC 9-22-1-19.
(b) (c) If, before the thirty (30) day period described in section 2 of
this chapter expires, the mobile home owner requests by certified mail,
return receipt requested, additional time to remove the mobile home,
the period described in section 2 of this chapter shall be extended by
an additional thirty (30) days. The mobile home owner may only
request one (1) thirty (30) day extension of time.
SECTION 109. IC 9-22-1.5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. After the purchaser,
property owner, or donee:
(1) presents the bureau with the affidavit of sale;
(2) completes an application for title with any other information
the bureau requires; and
(3) pays any applicable fee;
the bureau shall issue to the purchaser or property owner a certificate
of title to the mobile home.
SECTION 110. IC 9-22-3-13, AS AMENDED BY P.L.125-2012, SECTION 134, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 disposal 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.
SECTION 111. IC 9-22-3-16, AS AMENDED BY P.L.125-2012, SECTION 136, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 16. (a) Except as provided in subsection (b), a certificate of title issued under
(1) "REBUILT VEHICLE--MILEAGE NOT ACTUAL" if the motor vehicle is not a flood damaged vehicle; or
(2) "REBUILT FLOOD DAMAGED VEHICLE" if the motor vehicle is a flood damaged vehicle.
(b) An insurance company authorized to do business in Indiana may obtain a certificate of title that does not bear the 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 motor vehicle did not meet the criteria set forth in section 3 of this chapter.
(c) An affidavit submitted under section 8 of this chapter must conspicuously bear the designation:
(1) "REBUILT VEHICLE" if the motor vehicle is not a flood damaged vehicle; or
(2) "REBUILT FLOOD DAMAGED VEHICLE" if the motor vehicle is a flood damaged vehicle.
(d) A certificate of title for a salvage motor vehicle issued under subsection (a) may not designate the mileage of the vehicle.
SECTION 112. IC 9-22-3-17, AS AMENDED BY P.L.125-2012, SECTION 137, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 "REBUILT "FLOOD DAMAGED
VEHICLE".
SECTION 113. IC 9-22-5-1.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1.1. A person who owns and has
a certificate of title for a vehicle may sell, give away, or dispose of
the vehicle for scrap metal without applying for a certificate of
authority under this chapter. The person must sign and surrender
the certificate of title to the scrap metal processor or other
appropriate facility to dispose of the vehicle.
SECTION 114. IC 9-22-5-4, AS AMENDED BY P.L.125-2012,
SECTION 144, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 4. (a) The application required
under section 2 of this chapter must include the following information:
(1) The name and address of the applicant.
(2) The year, make, model, and vehicle identification number of
the vehicle, if ascertainable, together with any other identifying
features.
(3) A concise statement of the facts surrounding the abandonment
of the vehicle, that the title of the vehicle is faulty, lost, or
destroyed, or the reasons for the defect of title in the owner
disposal of the vehicle.
(b) The person making the application required under section 2 of
this chapter shall execute an affidavit stating that the facts alleged in
the application are true and that no material fact has been withheld.
SECTION 115. IC 9-22-5-12, AS AMENDED BY P.L.125-2012,
SECTION 152, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 12. The person who:
(1) owns a vehicle
(2) sells the vehicle;
may retain the proceeds of the sale for the person's use and benefit.
SECTION 116. IC 9-22-6-1, AS ADDED BY P.L.125-2012, SECTION 158, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) An individual, a firm, a limited liability company, or a corporation engaged in the business of storing, furnishing supplies for, providing towing services for, or repairing motor vehicles, trailers, semitrailers, or recreational vehicles shall obtain the name and address of the person that owns a motor vehicle, trailer, semitrailer, or recreational vehicle that is left in the custody of the individual, firm, limited liability company, or corporation for storage, furnishing of supplies, or repairs at the time the vehicle is left.
(b) The individual, firm, limited liability company, or corporation shall record in a book the following information concerning the vehicle described in subsection (a):
(1) The name and address of the person that owns the vehicle.
(2) The license number of the vehicle.
(3) The date on which the vehicle was left.
(c) The book shall be provided and kept by the individual, firm, limited liability company, or corporation and must be open for inspection by an authorized police officer of the state, a city, or a town or by the county sheriff.
(d) If a motor vehicle, trailer, semitrailer, or recreational vehicle is stored by the week or by the month, only one (1) entry on the book is required for the time during which the vehicle is stored.
SECTION 117. IC 9-29-3-19, AS AMENDED BY P.L.68-2006, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 19.
registration plate" means any plate other than a low numbered motor
vehicle registration plate, requested for issuance out of its established
numerical sequence.
(d) (c) Subject to subsections (e) and (f) subsection (d) and with the
approval of the commission, the bureau may adopt rules under
IC 4-22-2 to do the following:
(1) Increase or decrease any of the service charges listed in
sections 1 through 18 of this chapter.
(2) Impose a service charge on any other license branch service
that is not listed in sections 1 through 18 of this chapter.
(3) Increase or decrease a service charge imposed under
subdivision (2).
(e) (d) The bureau's authority to adopt rules under subsection (d) (c)
is subject to the condition that a service charge must be uniform
throughout all license branches and at all partial service locations in
Indiana.
(f) The bureau may not impose a pull service charge for a requested
passenger motor vehicle registration plate containing the numbers set
forth in IC 9-18-2-28 for a motor vehicle:
(1) issued a license plate under IC 9-18-17 that designates the
motor vehicle as being owned by a former prisoner of war or by
the surviving spouse of a former prisoner of war; or
(2) after December 31, 2006, issued a license plate under
IC 9-18-19 that designates the motor vehicle as being owned by
a person who has received a Purple Heart decoration.
(g) (e) The bureau may not impose a pull service charge of more
than fifteen dollars ($15) for a requested motor vehicle registration
plate issued under IC 9-18-25 for a special group recognition license
plate that commemorates the bicentennial of the Lewis and Clark
expedition.
SECTION 118. IC 9-29-5-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 17. The fee for each
duplicate or replacement license plate is three dollars ($3).
SECTION 119. IC 9-29-5-40 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 40. The fee for the issuance of an interim manufacturer
transporter license plate under IC 9-18-27 is one dollar ($1).
SECTION 120. IC 9-31-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. The bureau shall
may adopt rules under IC 4-22-2 to implement this article.
SECTION 121. IC 9-31-2-7, AS AMENDED BY P.L.125-2012, SECTION 381, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. An application for a certificate of title must be certified by the owner or purchaser of the watercraft and must contain the following information:
(1) The name and residence address of the applicant and, if different from the residence address, the applicant's mailing address, and the Social Security number or federal identification number of the applicant.
(2) The name and address of the previous owner.
(3) A statement of liens, mortgages, or other encumbrances on the watercraft and the name and address of the holder of the liens, mortgages, or other encumbrances.
(4) The former title number of the watercraft, if applicable.
(5) A description of the watercraft, including, if applicable, the make, year, length, dry weight, series or model, horsepower rating, hull type, and hull identification number.
(6) The purchase or acquisition date.
SECTION 122. IC 9-31-2-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7.5. (a) This section does not apply to the following:
(1) A new watercraft sold by a dealer that is licensed by the state under IC 9-31-4.
(2) A watercraft transferred or assigned on a certificate of title issued by the bureau.
(b) The bureau may not accept an application for a certificate of title under section 7 of this chapter for a watercraft unless the watercraft has been inspected by one (1) of the following:
(1) An employee of a dealer designated by the secretary of state to perform an inspection.
(2) A military police officer assigned to a military post in Indiana.
(3) A police officer.
(4) A designated employee of the bureau.
(5) An employee of a qualified person operating under a contract with the commission under IC 9-16-1-4 for operation of a full service license branch.
(6) An employee of a qualified person operating under a contract with the commission under IC 9-16-1-4.5 for operation of a partial service license branch.
(c) A person who inspects a watercraft under subsection (b) shall do the following:
(1) Make a record of the inspection on the application.
(2) Verify the information contained in the application.
SECTION 123. IC 9-31-2-8, AS AMENDED BY P.L.125-2012, SECTION 382, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) If a watercraft contains a permanent hull identification number placed on the watercraft by the manufacturer of the watercraft, the number shall be used as the hull identification number. If there is no manufacturer's hull identification number or if the manufacturer's hull identification number has been removed or obliterated, the bureau shall, upon a prescribed application,
(b) An application under subsection (a) must contain the following:
(1) A description of the watercraft, including the make, year, length, series or model, and, if known, original identification number.
(2) The name and address of the applicant.
(3) The date on which the applicant purchased or obtained possession of the watercraft.
(4) The name and address of the person from whom the applicant purchased or obtained possession of the watercraft.
(5) Any other information the bureau requires.
SECTION 124. IC 9-31-2-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 17. If a person fails to
apply for a title within thirty-one (31) days after:
(1) obtaining ownership of a boat, watercraft; or
(2) otherwise being required to obtain a certificate of title for
a watercraft;
the person shall pay a late title fee prescribed under IC 9-29-15-3.
SECTION 125. IC 9-31-2-20, AS AMENDED BY P.L.125-2012,
SECTION 390, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 20. (a) If a certificate of title for a
watercraft:
(1) is lost or stolen;
(2) is mutilated;
(3) is destroyed; or
(4) becomes illegible;
the owner of the watercraft, or the owner's legal representative or
successor in interest, as shown in the records of the bureau, shall
immediately apply to the bureau for a duplicate certificate of title.
upon a form prescribed by the bureau and accompanied by the fee
prescribed by IC 9-29-15-1 and any other applicable fees and service
charges. The person making the application shall certify the application
for the duplicate certificate of title. Upon receipt of the application, the
bureau shall issue a duplicate certificate of title to the person entitled
to receive the certificate of title under this chapter. Upon the issuance
of a duplicate certificate of title, the previously issued certificate of title
becomes void.
(b) To obtain a duplicate certificate of title under subsection (a),
a person must:
(1) submit an application on a form prescribed by the bureau;
(2) furnish information satisfactory to the bureau concerning
the loss, theft, mutilation, destruction, or illegibility of the
certificate of title; and
(3) pay the applicable fee provided under IC 9-29.
(b) Each duplicate certificate of title shall have (c) The word
"duplicate" must be printed or stamped in ink on the face of a
certificate of title The duplicate certificate of title shall be delivered to
the person entitled to possession of the certificate of title. issued under
this section.
(c) If an original certificate of title is recovered by the owner, the
owner shall immediately surrender the original certificate of title to the
bureau for cancellation.
(d) When the bureau issues a duplicate certificate of title, the previously issued certificate of title becomes void.
SECTION 126. IC 9-31-2-23, AS AMENDED BY P.L.125-2012, SECTION 393, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 23. (a) Upon receiving knowledge of a stolen watercraft, a law enforcement agency shall immediately furnish the sheriff's department of the county from which the watercraft was stolen, the department of natural resources, law enforcement division, and the bureau with full information concerning the theft.
(b) If a stolen or converted watercraft is recovered, the owner or recovering agency shall immediately notify the law enforcement agency that received the initial theft report. The law enforcement agency shall immediately notify the bureau, the department of natural resources, the sheriff of the county from which the watercraft was stolen, and other law enforcement agencies in the county.
SECTION 127. IC 9-31-2-31 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 31. (a) An Indiana resident who:
(1) is serving in the armed forces of the United States; and
(2) holds a certificate of title for a watercraft;
may authorize transfer of the certificate of title to another person by submitting a signed letter to that effect to the bureau. The letter must be accompanied by proof that the Indiana resident is actively serving in the armed forces of the United States outside Indiana.
(b) When the bureau receives the letter and proof described in subsection (a), the bureau may transfer the certificate of title to the person named in the letter. The letter must be attached to the certificate of title being transferred and becomes a permanent record of the bureau.
(c) The bureau shall use reasonable diligence to determine if the signature on the letter authorizing the transfer is authentic. If the bureau is satisfied that the signature is authentic, the bureau shall issue to the person named in the letter an appropriate certificate of title over the signature of the bureau and sealed with the seal of the bureau.
SECTION 128. IC 9-31-3-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. The owner of a
motorboat that is required to be registered and numbered by Indiana
shall file an application for registration request to register the
motorboat with the bureau. At the time of filing the application,
request, the applicant requesting party must provide proof of
ownership and a hull identification number to the bureau. If there is not
a manufacturer's hull identification number for the motorboat, the
bureau shall assign a hull identification number at the time of
registration in the same manner as a hull identification number is
assigned under IC 9-31-2-8. The fee prescribed under IC 9-29-15-2
shall be paid to the bureau for assigning a hull identification number.
For purposes of registering a motorboat or obtaining a hull
identification number to register a motorboat, ownership may be
established by any one (1) of the following:
(1) A manufacturer's or importer's certificate.
(2) A sworn statement of ownership as prescribed by the bureau.
An affidavit executed, under penalties for perjury, by the person
filing the application shall be accepted as proof of ownership for
any motorboat or sailboat that:
(A) is a Class 5 or lower motorboat under IC 6-6-11-11 (the
boat excise tax) and the motorboat is not titled under
IC 9-31-2; or
(B) is propelled by an internal combustion, steam, or electrical
inboard or outboard motor or engine or by any mechanical
means, including sailboats that are equipped with such a motor
or engine when the sailboat is in operation whether or not the
sails are hoisted, if:
(i) the motorboat was made by an individual for the use of
the individual and not for resale; and
(ii) the motorboat is not titled under IC 9-31-2.
(3) A certificate of title or bill of sale.
(4) Other evidence of ownership required by the law of another
state from which the motorboat is brought into Indiana.
SECTION 129. IC 9-31-3-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. (a) Except as
provided in subsection (b), application a request for registration
under section 8 of this chapter must be signed by the owner of the
motorboat and accompanied by the fee specified under IC 9-29-15-4.
(b) A motorboat that is owned by the United States, a state, or a
subdivision of a state is exempt from the payment of a fee to register
the motorboat.
(c) The bureau shall transfer the money derived from the fees
collected under subsection (a) to the department of natural resources.
SECTION 130. IC 9-31-3-9.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 9.5. (a) The bureau shall use
reasonable diligence in examining and determining the
genuineness, regularity, and legality of the following:
(1) Information provided from a person as part of a request
for registration of a motorboat.
(2) A request for a license required under this article for
operation of a motorboat upon the waters of Indiana.
(3) Any other application or request made to the bureau
under this article.
(b) The bureau may:
(1) investigate or require additional information; or
(2) reject an application or request;
if the bureau is not satisfied of the genuineness, regularity, or
legality of an application or request or the contents of an
application or request, or for any other reason under this article.
SECTION 131. IC 9-31-3-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. Upon receipt of a
completed application request for registration under section 8 of this
chapter and fee under section 9 of this chapter, the bureau shall enter
the application upon the bureau's records and shall issue to the
applicant a certificate of registration in which is stated the number
awarded to the motorboat and the name and address of the owner. The
registration certificate shall be available at all times for inspection on
the motorboat for which the registration certificate is issued whenever
the motorboat is in operation.
SECTION 132. IC 9-31-3-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. Upon the transfer
of ownership of a motorboat, the owner shall provide proper ownership
documents and the certificate of registration to the new owner at the
time of delivering the motorboat. The new owner shall file an
application submit a request for registration, along with the proper
fee, with the bureau and a new registration certificate shall be issued
in the same manner as an original issue of a registration certificate.
SECTION 133. IC 9-31-3-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 22. Every peace law
enforcement officer of this state and its subdivisions, including an
enforcement officer of the department of natural resources, may
enforce this chapter and may stop and board a motorboat subject to this
chapter.
SECTION 134. IC 9-31-3-25 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 25. A motorboat that is owned or
leased and used for official business by the following must be
registered on a date selected by the bureau but is exempt from the
payment of registration fees:
(1) The state.
(2) A municipal corporation (as defined in IC 36-1-2-10).
(3) A volunteer fire department (as defined in IC 36-8-12-2).
(4) A volunteer emergency ambulance service that:
(A) meets the requirements of IC 16-31; and
(B) has only members that serve for no compensation or a
nominal annual compensation of not more than three
thousand five hundred dollars ($3,500).
SECTION 135. IC 9-31-3-26 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 26. The bureau shall retain a
record of the registration issued under this chapter.
SECTION 136. IC 9-31-3-27 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 27. The bureau may issue a
registration under this chapter for a motorboat owned by the
United States government.
SECTION 137. IC 9-31-3-28 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 28. (a) A motorboat that is owned
by an entity that is exempt from the payment of registration fees
under section 25 of this chapter may be assigned permanent
registration certificates and accompanying permanent registration
cards.
(b) The permanent registration certificates and cards assigned
under subsection (a) are in effect from the time the certificate of
title for the motorboat is acquired by the person that owns the
motorboat until the certificate of title is relinquished by the person,
at which time the registration certificates and cards are subject to
reassignment or destruction by the person.
SECTION 138. IC 9-31-3-29 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 29. (a) A confidential registration
certificate for a watercraft for investigative purposes may be
issued to a state agency upon the annual consent of the bureau or
the Indiana department of administration.
(b) Other investigative agencies may be issued confidential
registration certificates for watercraft for investigative purposes
upon the annual consent of the superintendent of the state police or
the commissioner of the department of natural resources.
SECTION 139. IC 9-32-4-1, AS ADDED BY SEA 537-2013,
SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) If a vehicle for which a certificate of title
has been issued is sold or if the ownership of the vehicle is transferred
in any manner other than by a transfer on death conveyance under
IC 9-17-3-9, in addition to complying with IC 9-17-3-3.4, the person
who holds the certificate of title must do the following:
(1) Endorse on the certificate of title an assignment of the
certificate of title with warranty of title, in a form printed on the
certificate of title, with a statement describing all liens or
encumbrances on the vehicle.
(2) Except as provided in subdivisions (4) and (5), deliver the
certificate of title to the purchaser or transferee at the time of the
sale or delivery to the purchaser or transferee of the vehicle, if the
purchaser or transferee has made all agreed upon initial payments
for the vehicle, including delivery of a trade-in vehicle without
hidden or undisclosed statutory liens.
(3) Complete all information concerning the purchase on the
certificate of title, including, but not limited to:
(A) the name and address of the purchaser; and
(B) the sale price of the vehicle.
(4) (1) In the case of a sale or transfer between vehicle dealers
licensed by this state or another state, deliver the certificate of
title within twenty-one (21) days after the date of the sale or
transfer.
(5) (2) Deliver the certificate of title to the purchaser or transferee
within twenty-one (21) days after the date of sale or transfer to the
purchaser or transferee of the vehicle, if all the following
conditions exist:
(A) The seller or transferor is a vehicle dealer licensed by the
state under this article.
(B) The vehicle dealer is not able to deliver the certificate of
title at the time of sale or transfer.
(C) The vehicle dealer provides the purchaser or transferee
with an affidavit under section 2 of this chapter.
(D) The purchaser or transferee has made all agreed upon
initial payments for the vehicle, including delivery of a
trade-in vehicle without hidden or undisclosed statutory liens.
(b) A licensed dealer may offer for sale a vehicle for which the
dealer does not possess a certificate of title, if the dealer can comply
with subsection (a)(4) (a)(1) or (a)(5) (a)(2) at the time of the sale.
(c) A vehicle dealer who fails to deliver a certificate of title within
the time specified under this section is subject to the following civil
penalties:
(1) One hundred dollars ($100) for the first violation in a calendar
year.
(2) Two hundred fifty dollars ($250) for the second violation in a
calendar year.
(3) Five hundred dollars ($500) for all subsequent violations in a
calendar year.
Payment shall be made to the secretary of state and deposited in the
dealer enforcement account established under IC 9-32-7-2.
(d) If a purchaser or transferee does not receive a valid certificate of
title within the time specified by this section, the purchaser or
transferee has the right to return the vehicle to the vehicle dealer ten
(10) days after giving the vehicle dealer written notice demanding
delivery of a valid certificate of title and the dealer's failure to deliver
a valid certificate of title within that ten (10) day period. Upon return
of the vehicle to the dealer in the same or similar condition as delivered
to the purchaser or transferee under this section, the vehicle dealer
shall pay to the purchaser or transferee the purchase price plus sales
taxes, finance expenses, insurance expenses, and any other amount
paid to the dealer by the purchaser or transferee.
(e) For purposes of this subsection, "timely deliver", with respect to
a third party, means to deliver to the purchaser or transferee with a
postmark dated or hand delivered not more than ten (10) business days
after there is no obligation secured by the vehicle. If the dealer's
inability to timely deliver a valid certificate of title results from the acts
or omissions of a third party who has failed to timely deliver a valid
certificate of title to the dealer, the dealer is entitled to claim against
the third party one hundred dollars ($100). If:
(1) the dealer's inability to timely deliver a valid certificate of title
results from the acts or omissions of a third party who has failed
to timely deliver the certificate of title in the third party's
possession to the dealer; and
(2) the failure continues for ten (10) business days after the dealer
gives the third party written notice of the failure;
the dealer is entitled to claim against the third party all damages
sustained by the dealer in rescinding the dealer's sale with the
purchaser or transferee, including the dealer's reasonable attorney's
fees.
(f) If a vehicle for which a certificate of title has been issued by
another state is sold or delivered, the person selling or delivering the
vehicle shall deliver to the purchaser or receiver of the vehicle a proper
certificate of title with an assignment of the certificate of title in a form
prescribed by the bureau.
(g) The original certificate of title and all assignments and
subsequent reissues of the certificate of title shall be retained by the
bureau and appropriately classified and indexed in the most convenient
manner to trace the title to the vehicle described in the certificate of
title.
(h) (g) A dealer shall make payment to a third party to satisfy any
obligation secured by the vehicle within ten (10) days after the date of
sale.
SECTION 140. IC 9-32-4-2, AS ADDED BY SEA 537-2013,
SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. The affidavit required by section 1(a)(5)(C)
1(a)(2)(C) of this chapter must be printed in the following form:
STATE OF INDIANA )
) ss:
COUNTY OF _____________.)
.I affirm under the penalties for perjury that all of the following are
true:
(1) That I am a dealer licensed under IC.9-32.
(2) That I cannot deliver a valid certificate of title to the retail
purchaser of the vehicle described in paragraph (3) at the time of
sale of the vehicle to the retail purchaser. The identity of the
previous seller or transferor is ___________________. Payoff of
lien was made on (date)_______. I expect to deliver a valid and
transferable certificate of title not later than
(date)_______________ from the State of (state)________ to the
purchaser.
(3) That I will undertake reasonable commercial efforts to
produce the valid certificate of title. The vehicle identification
number is __________________.
..Signed _______________________, Dealer
By_________________________________
Dated _____, ____
CUSTOMER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
AFFIDAVIT.
___________________________________
Customer Signature
SECTION 141. IC 9-32-6-15 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 15. Dealer designee license plates
shall be designed and issued by the bureau under IC 9-18-27-0.5.
SECTION 142. IC 9-32-17-7, AS ADDED BY SEA 537-2013,
SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. A dealer person who fails to deliver a
certificate of origin or title under IC 9-32-5-2 or IC 9-32-5-8 or fails to
deliver timely a certificate of title under IC 9-32-4-1(c) is subject to the
following civil penalties:
(1) One hundred dollars ($100) for the first violation in a calendar
year.
(2) Two hundred fifty dollars ($250) for the second violation in a
calendar year.
(3) Five hundred dollars ($500) for all subsequent violations in a
calendar year.
Payment shall be made to the secretary and deposited in the dealer
enforcement account established under IC 9-32-7-2.
SECTION 143. IC 35-51-9-1, AS AMENDED BY SEA 523-2013,
SECTION 45, SEA 537-2013, SECTION 84, AND HEA 1441-2013,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. The following statutes define crimes in IC 9:
IC 9-14-3.5-15 (Concerning bureau of motor vehicles).
IC 9-14-5-9 (Concerning parking placards for persons with
physical disabilities).
IC 9-17-2-15 (Concerning certificates of title).
IC 9-17-2-16 (Concerning certificates of title).
IC 9-17-3-3.2 (Concerning certificates of title).
IC 9-17-3-7 (Concerning certificates of title).
IC 9-17-4-6 IC 9-17-4-14 (Concerning certificates of title).
special identification numbers).
IC 9-17-4-15 (Concerning special identification numbers).
IC 9-17-4-16 (Concerning special identification numbers).
IC 9-17-4-17 (Concerning identification numbers).
IC 9-17-4-18 (Concerning identification numbers).
IC 9-18-2-42 (Concerning motor vehicle registration and license
plates).
IC 9-18-2-44 (Concerning motor vehicle registration and license
plates).
IC 9-18-2-45 (Concerning motor vehicle registration and license
plates).
IC 9-18-2.5-16 (Concerning off-road vehicles and snowmobiles).
IC 9-18-4-8 (Concerning motor vehicle registration and license plates).
IC 9-18-13-9 (Concerning motor vehicle registration and license plates).
IC 9-18-22-6 (Concerning motor vehicle registration and license plates).
IC 9-19-9-5 (Concerning motor vehicle equipment).
IC 9-19-10.5-4 (Concerning motor vehicle equipment).
IC 9-19-10.5-5 (Concerning motor vehicle equipment).
IC 9-20-18-4 (Concerning motor vehicle size and weight regulation).
IC 9-21-5-13 (Concerning traffic regulation).
IC 9-21-6-3 (Concerning traffic regulation).
IC 9-21-8-50 (Concerning traffic regulation).
IC 9-21-8-52 (Concerning traffic regulation).
IC 9-21-8-55 (Concerning traffic regulation).
IC 9-21-8-56 (Concerning traffic regulation).
IC 9-21-8-58 (Concerning traffic regulation).
IC 9-21-12-9 (Concerning traffic regulation).
IC 9-21-12-11 (Concerning traffic regulation).
IC 9-22-3-31 (Concerning abandoned, salvaged, and scrap vehicles).
IC 9-22-3-32 (Concerning abandoned, salvaged, and scrap vehicles).
IC 9-22-3-33 (Concerning abandoned, salvaged, and scrap
vehicles).
IC 9-22-5-18.2 (Concerning buying a motor vehicle without a
certificate of title).
IC 9-22-5-19 (Concerning scrapping and dismantling vehicles).
IC 9-22-6-3 (Concerning mechanic's liens for vehicles).
IC 9-24-1-8 (Concerning driver's licenses).
IC 9-24-6-16 (Concerning driver's licenses).
IC 9-24-6-17 (Concerning driver's licenses).
IC 9-24-11-8 (Concerning driver's licenses).
IC 9-24-15-11 (Concerning driver's licenses).
IC 9-24-16-12 (Concerning driver's licenses).
IC 9-24-16-13 (Concerning driver's licenses).
IC 9-24-18-1 (Concerning driver's licenses).
IC 9-24-18-2 (Concerning driver's licenses).
IC 9-24-18-7 (Concerning driver's licenses).
IC 9-24-19-2 (Concerning driver's licenses).
IC 9-24-19-3 (Concerning driver's licenses).
IC 9-24-19-4 (Concerning driver's licenses).
IC 9-25-6-18 (Concerning financial responsibility).
IC 9-25-8-2 (Concerning financial responsibility).
IC 9-26-1-8 (Concerning accidents and accident reports).
IC 9-26-1-9 (Concerning accidents and accident reports).
IC 9-26-6-4 (Concerning accidents and accident reports).
IC 9-30-4-7 (Concerning licenses and registrations).
IC 9-30-4-8 (Concerning licenses and registrations).
IC 9-30-4-13 (Concerning licenses and registrations).
IC 9-30-5-1 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-2 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-3 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-4 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-5 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-7 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-8 (Concerning operating a vehicle while intoxicated).
IC 9-30-6-8.7 (Concerning implied consent).
IC 9-30-9-7.5 (Concerning alcohol abuse deterrent programs).
IC 9-30-10-16 (Concerning habitual violator of traffic laws).
IC 9-30-10-17 (Concerning habitual violator of traffic laws).
IC 9-30-10-17.5 (Concerning habitual violator of traffic laws).
IC 9-31-2-26 (Concerning watercraft titling and registration).
IC 9-31-2-27 (Concerning watercraft titling and registration).
IC 9-31-2-28 (Concerning watercraft titling and registration).
IC 9-32-17-2 (Concerning certificates of title).
IC 9-32-17-3 (Concerning dealer license plates).
IC 9-32-17-4 (Concerning licensing of vehicle salvaging).
IC 9-32-17-5 (Concerning regulation of vehicle merchandising).
IC 9-32-17-6 (Concerning unfair practices by dealers).
SECTION 144. [EFFECTIVE JULY 1, 2013] (a) In repealing IC 9-17-4-6 by this act, the general assembly recognizes that IC 9-17-4-6 was amended by HEA 1006-2013. The general assembly intends to repeal that provision.
(b) This SECTION expires December 31, 2013.
SECTION 145. [EFFECTIVE JULY 1, 2013] (a) In repealing IC 9-18-8 by this act, the general assembly recognizes that IC 9-18-8-11, IC 9-18-8-12, IC 9-18-8-13, IC 9-18-8-14, and IC 9-18-8-15 were amended by HEA 1006-2013. The general assembly intends to repeal those provisions.
(b) This SECTION expires December 31, 2013
SEA 563 _ CC 1
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