Ind. Code § 9-32-9-29

Current through P.L. 171-2024
Section 9-32-9-29 - [Effective 7/1/2024] Purchase of vehicle for scrap metal or parts; records of purchase; penalty
(a) An automotive salvage recycler or an agent of an automotive salvage recycler may purchase a motor vehicle without a certificate of title for the motor vehicle if:
(1) the motor vehicle is at least fifteen (15) model years old;
(2) the purchase is solely for the purpose of dismantling or wrecking the motor vehicle for the recovery of scrap metal or the sale of parts;
(3) the automotive salvage recycler records all purchase transactions of motor vehicles as required in subsection (b); and
(4) the person selling the motor vehicle presents a certificate of authority as required under IC 9-22-5-18.
(b) An automotive salvage recycler shall maintain the following information with respect to each motor vehicle purchase transaction without a certificate of title to which the automotive salvage recycler is a party for at least five (5) years after the date of the purchase transaction:
(1) The name, address, and National Motor Vehicle Title Information System identification number of any scrap metal processor or automobile scrapyard.
(2)The name of the person entering the information.
(3)The date and time of the purchase transaction.
(4)A description of the motor vehicle that is the subject of the purchase transaction, including the make and model of the motor vehicle, if discernable.
(5) The vehicle identification number of the motor vehicle, to the extent the number is discernable.
(6)The amount of consideration given for the motor vehicle.
(7)A copy of the certificate of authority and a written statement signed by the seller or the seller's agent certifying the following:
(A) The seller or the seller's agent has the lawful right to sell and dispose of the motor vehicle.
(B) The motor vehicle is not subject to a security interest or lien.
(C) The motor vehicle will not be titled again and will be dismantled or destroyed.
(D) The seller or the seller's agent acknowledges that a person who falsifies information contained in a statement under this subdivision is subject to criminal sanctions and restitution for losses incurred as a result of the sale of a motor vehicle based on falsified information.
(8) The name, date of birth, and address of the person from whom the motor vehicle is being purchased.
(9) A photocopy or electronic scan of one (1) of the following valid and unexpired forms of identification issued to the seller or the seller's agent:
(A)A driver's license.
(B)An identification card issued under IC 9-24-16-1, a photo exempt identification card issued under IC 9-24-16.5, or a similar card issued under the laws of another state or the federal government.
(C) A government issued document bearing an image of the seller or seller's agent, as applicable.

For purposes of complying with this subdivision, an automotive salvage recycler is not required to make a separate copy of the seller's or seller's agent's identification for each purchase transaction involving the seller or seller's agent but may instead refer to a copy maintained in reference to a particular purchase transaction.

(10) The license plate number, make, model, and color of the motor vehicle that is used to deliver the purchased motor vehicle to the automotive salvage recycler.
(11) The signature of the person receiving consideration from the seller or the seller's agent.
(12) A photographic or videographic image, taken when the motor vehicle is purchased, of the following:
(A) A frontal view of the facial features of the seller or the seller's agent.
(B) The motor vehicle that is the subject of the purchase transaction.
(c) An automotive salvage recycler may not complete a purchase transaction without the information required under subsection (b)(9).
(d)An automotive salvage recycler or an agent of an automotive salvage recycler that knowingly or intentionally buys a motor vehicle that is less than fifteen (15) model years old without a certificate of title or certificate of authority for the motor vehicle commits a Level 6 felony.
(e) An automotive salvage recycler or an agent of an automotive salvage recycler may apply for a certificate of authority for a motor vehicle of any age on behalf of the seller with all required information collected at the point of sale.
(f) If an automotive salvage recycler or an agent of an automotive salvage recycler, in applying for a certificate of authority for a motor vehicle under subsection (e), learns:
(1) the motor vehicle was reported stolen; or
(2) the owner of the motor vehicle does not match the individual who provided the automotive salvage recycler or agent of the automotive salvage recycler with the motor vehicle;

the automotive salvage recycler must notify the law enforcement agency that has jurisdiction over the address of the automotive salvage recycler's established place of business.

IC 9-32-9-29

Amended by P.L. 103-2024,SEC. 3, eff. 7/1/2024.
Amended by P.L. 120-2020,SEC. 78, eff. 3/18/2020.
Amended by P.L. 284-2019,SEC. 26, eff. 7/1/2020.
Added by P.L. 179-2017,SEC. 78, eff. 7/1/2017.
This section is set out more than once due to postponed, multiple, or conflicting amendments.