Ind. Code ch. 9-32-9

Ind. Code ch. 9-32-9
in effect

Ind. Code § 9-32-9-1 Automotive salvage recycler; license; violation

Sec. 1. (a) An automotive salvage recycler must be licensed by the secretary under this article before the automotive salvage recycler may do any of the following: (1) Acquire, sell, or advertise for sale a used major component part of a motor vehicle. (2) Wreck, dismantle, shred, compact, crush, or otherwise destroy a motor vehicle for resale of the major component parts of the motor vehicle or scrap material. (3) Rebuild a salvage motor vehicle for resale. (4) Engage in the business of storing, disposing, salvaging, or recycling of operable or inoperable motor vehicles, vehicle hulks, or parts of motor vehicles. (b) An automotive salvage recycler who violates this section commits a Class A infraction. As added by P.L.92-2013, SEC.78. Amended by P.L.217-2014, SEC.169; P.L.151-2015, SEC.52; P.L.174-2016, SEC.75; P.L.198-2016, SEC.629; P.L.284-2019, SEC.16.

Ind. Code § 9-32-9-2 Established place of business

Sec. 2. (a) An automotive salvage recycler licensed in Indiana must have an established place of business in Indiana conducting the business that is the basis for the license. An established place of business that performs only ministerial tasks is not considered to be conducting business. (b) An automotive salvage recycler that violates this section commits a Class A infraction. As added by P.L.92-2013, SEC.78. Amended by P.L.217-2014, SEC.170; P.L.151-2015, SEC.53; P.L.174-2016, SEC.76.

Ind. Code § 9-32-9-3 License application; replacement license; fee

Sec. 3. (a) To apply for a license under this article, an automotive salvage recycler must submit an application to the secretary. An application for a license under this article must: (1) meet the requirements under IC 9-32-11-2; and (2) be accompanied by payment of the fee under subsection (c). (b) If an automotive salvage recycler license is lost or destroyed, the automotive salvage recycler shall apply for a replacement automotive salvage recycler license in the form and manner prescribed by the secretary. (c) The fee for an automotive salvage recycler license under subsection (a) is ten dollars ($10). The fee is nonrefundable and shall be retained by the secretary. As added by P.L.92-2013, SEC.78. Amended by P.L.151-2015, SEC.54; P.L.174-2016, SEC.77; P.L.179-2017, SEC.60; P.L.284-2019, SEC.17.

Ind. Code § 9-32-9-3.5 Automotive salvage recycler; required actions

Sec. 3.5. (a) This section applies to a motor vehicle that is purchased for scrap, sale of parts, shredding, compacting, or any other type of dismantling or destruction. (b) An automotive salvage recycler must: (1) report the purchase of a motor vehicle to the National Motor Vehicle Title Information System not later than seventy-two (72) hours after the motor vehicle is purchased; and (2) provide to the seller a valid National Motor Vehicle Title Information System report identification number. As added by P.L.151-2015, SEC.55. Amended by P.L.174-2016, SEC.78; P.L.284-2019, SEC.18.

Ind. Code § 9-32-9-5 Repealed

As added by P.L.92-2013, SEC.78. Amended by P.L.62-2014, SEC.24. Repealed by P.L.151-2015, SEC.57.

Ind. Code § 9-32-9-8 Repealed

As added by P.L.92-2013, SEC.78. Amended by P.L.62-2014, SEC.25. Repealed by P.L.151-2015, SEC.60.

Ind. Code § 9-32-9-10 Posting of licenses

Sec. 10. (a) A licensee shall post a license granted to the licensee under this chapter in a conspicuous place at the established place of business. (b) A licensee that violates this section commits a Class A infraction. As added by P.L.92-2013, SEC.78. Amended by P.L.217-2014, SEC.171; P.L.151-2015, SEC.62.

Ind. Code § 9-32-9-11 Delay of issuance or renewal of license until local zoning complaints satisfied

Sec. 11. If the secretary receives a written complaint from a local zoning body that an automotive salvage recycler is operating in violation of a local zoning ordinance, the secretary shall delay the issuance or renewal of the automotive salvage recycler's license until the local zoning complaints have been satisfied. As added by P.L.92-2013, SEC.78. Amended by P.L.151-2015, SEC.63; P.L.174-2016, SEC.79; P.L.284-2019, SEC.19.

Ind. Code § 9-32-9-12 Reassignment of certificate of salvage title; violation

Sec. 12. (a) A dealer licensed under this article may reassign a certificate of salvage title one (1) time without applying to the bureau for the issuance of a new certificate of salvage title. (b) A dealer that violates this section commits a Class A infraction. As added by P.L.179-2017, SEC.61.

Ind. Code § 9-32-9-13 Affidavit regarding flood damage to vehicle; violation

Sec. 13. (a) A dealer licensed under this article shall secure an affidavit from the person that holds the certificate of title on the date of receiving a title by sale or transfer. The affidavit must state whether the vehicle is a flood damaged vehicle. (b) The dealer shall file the affidavit secured under subsection (a) with the records of the dealer. (c) Submission of a fraudulent affidavit under subsection (a) subjects the affiant to civil liability for all damages incurred by a dealer, subsequent purchaser, or transferee of the title, including reasonable attorney's fees and court costs (including fees). (d) A dealer that knowingly or intentionally fails to comply with subsection (a) or (b) commits a Class B misdemeanor. (e) A person that knowingly or intentionally submits a fraudulent affidavit under subsection (a) commits a Class A infraction. As added by P.L.179-2017, SEC.62. Amended by P.L.147-2018, SEC.23.

Ind. Code § 9-32-9-14 Demolished or destroyed vehicles

Sec. 14. (a) A scrap metal processor or other 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 recycling facility before the purchase by the scrap metal processor or other facility is not required to apply for and receive a certificate of salvage title for the vehicle. (b) The facility 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. As added by P.L.179-2017, SEC.63. Amended by P.L.284-2019, SEC.20.

Ind. Code § 9-32-9-14.5 Detached catalytic converter purchase; valuation and payment; retention of records; violation

Sec. 14.5. (a) An automotive salvage recycler who is purchasing a detached catalytic converter valued at less than twenty-five dollars ($25) may remit payment in cash. An automotive salvage recycler may not purchase more than one (1) detached catalytic converter for cash per seller per day under this subsection. (b) An automated salvage recycler who is purchasing a detached catalytic converter that is valued at twenty-five dollars ($25) or more: (1) must remit payment by check issued and made payable to the seller; and (2) must not cash a check issued under subdivision (1), or use an automated teller machine or other cash card system in lieu of a check. (c) For each detached catalytic converter purchase by an automotive recycler under subsection (b), the automotive salvage recycler shall keep all records required by IC 25-37.5-1-2. (d) Records required to be maintained under this section may be maintained in any form of data storage acceptable to the secretary if the records are readily accessible and available to copy by an investigating or auditing employee of the secretary upon demand at the established place of business. (e) An automotive salvage recycler licensed under this article that knowingly or intentionally fails to maintain the records required by this section commits a Class A infraction. As added by P.L.20-2022, SEC.9.

Ind. Code § 9-32-9-15 Record keeping forms; violation

Sec. 15. (a) The secretary shall prescribe record keeping forms to be used by an automotive salvage recycler to preserve information about vehicles or major component parts acquired or sold by the business. (b) For each vehicle acquired by an automotive salvage recycler, the record keeping forms required under subsection (a) must contain the following information: (1) A description of the vehicle, including numbers or other marks identifying the vehicle. (2) The date the vehicle was acquired. (3) The name and address of the person from whom the vehicle was acquired. (4) The vehicle's trade name. (5) The vehicle's manufacturer. (6) The vehicle's type. (7) The model year. (8) The vehicle identification number. (9) A statement of whether any number has been defaced, destroyed, or changed. (c) For each vehicle sold or disposed of by the automotive salvage recycler, the record keeping forms required under subsection (a) must contain the following information: (1) A description of the vehicle, including numbers or other marks identifying the vehicle. (2) The date the vehicle was disposed of. (3) The way in which the vehicle was disposed of. (4) The vehicle's trade name. (5) The vehicle's manufacturer. (6) The vehicle's type. (7) The model year. (8) The vehicle identification number. (9) Verification of the purchaser of the vehicle by confirming the purchaser's identity by a driver's license, a state issued identification card, or other reliable means. (10) For wrecked, dismantled, or rebuilt vehicles, the date the vehicle was wrecked, dismantled, or rebuilt. (d) Except as provided in section 14.5 of this chapter, for each major component part acquired by the automotive salvage recycler, the record keeping forms required under subsection (a) must contain the following information: (1) A description of the major component part, including numbers or other marks identifying the major component part. (2) The date the major component part was acquired. (3) The name and address of the person from whom the major component part was acquired. (4) The vehicle identification number, if present on the major component part. (5) A statement of whether any number on the major component part has been defaced, destroyed, or changed. (e) Except as provided in section 14.5 of this chapter, for each major component part sold or disposed of by the automotive salvage recycler, the record keeping forms required under subsection (a) must contain the following information: (1) A description of the major component part, including numbers or other marks identifying the major component part. (2) The date the major component part was sold or disposed of. (3) The way in which the major component part was disposed of. (4) The vehicle identification number, if present on the major component part. If the vehicle identification number is not present on the major component part, the vehicle identification number from the source vehicle, if known. (5) Verification of the purchaser of the major component part by confirming the purchaser's identity by a driver's license, a state issued identification card, or other reliable means. (f) Separate records for each vehicle or major component part must be maintained. (g) Except as provided in section 14.5 of this chapter, the record keeping requirements of this section do not apply to hulk crushers or to scrap metal processors when purchasing scrap from a person that is licensed under this article and that is required to keep records under this section. (h) An automotive salvage recycler licensed under this article that knowingly or intentionally fails to: (1) maintain records regarding salvage vehicles or major component parts acquired or sold by the business; or (2) maintain records regarding salvage vehicles or major component parts on forms that comply with this section; commits a Class A infraction. (i) Records required to be maintained under this section may be maintained in any form of data storage acceptable to the secretary if the records are readily accessible and available to copy by an investigating or auditing employee of the secretary upon demand at the established place of business. As added by P.L.179-2017, SEC.64. Amended by P.L.284-2019, SEC.21; P.L.20-2022, SEC.10.

Ind. Code § 9-32-9-16 Retention of records; violation

Sec. 16. (a) Unless otherwise specified or required, the records required under section 15 of this chapter shall be retained for five (5) years after the date the vehicle or major component part was acquired or sold, in the form prescribed by the secretary. The records must be maintained at the established place of business for two (2) years. Following the two (2) year period, records may be moved offsite, but must be maintained for five (5) years. (b) An automotive salvage recycler that knowingly or intentionally fails to comply with subsection (a) commits a Class B misdemeanor. As added by P.L.179-2017, SEC.65. Amended by P.L.284-2019, SEC.22.

Ind. Code § 9-32-9-17 Availability and production of records; violation

Sec. 17. (a) The records required under section 15 of this chapter must be available to, and produced at the request of, a police officer or an authorized agent of the secretary of state under this chapter. (b) An automotive salvage recycler that fails to make available or produce the records described under section 15 of this chapter for a police officer or an authorized agent of the secretary of state commits a Class A infraction. As added by P.L.179-2017, SEC.66.

Ind. Code § 9-32-9-18 Late model vehicles purchased by disposal facilities or automotive salvage rebuilders; completion of recordkeeping forms; violation

Sec. 18. (a) This section applies to vehicles and their component parts that are in either their current model year or in the immediately preceding six (6) model years when purchased by a recycling facility or automotive salvage rebuilder. (b) A recycling facility and automotive salvage rebuilder licensed under this chapter shall comply with the recordkeeping requirements under section 15 of this chapter for the purchase of a salvage motor vehicle or major component part. (c) A recycling facility or automotive salvage rebuilder that fails to comply with subsection (a) or (b) commits a Class A infraction. As added by P.L.179-2017, SEC.67.

Ind. Code § 9-32-9-19 Inspection of records by police officers; examination of business premises; violation

Sec. 19. (a) A record required to be maintained under this chapter is subject to inspection by a police officer during normal business hours. In addition to the inspections authorized under section 20 of this chapter, an inspection under this section may include an examination of the premises of the automotive salvage recycler's established place of business for the purpose of determining the accuracy of the required records. (b) An automotive salvage recycler that knowingly or intentionally fails to: (1) maintain records as required under this chapter; or (2) allow an inspection of a licensee's established place of business for the purpose of determining the accuracy of required records; commits a Class A infraction. As added by P.L.179-2017, SEC.68. Amended by P.L.284-2019, SEC.23.

Ind. Code § 9-32-9-20 Entry onto premises to inspect vehicles, parts, records, certificates of authority, or certificates of title; violation

Sec. 20. (a) The secretary of state, a police officer, or an agent of the secretary of state or a police officer may enter upon the premises of an automotive salvage recycler during normal business hours to inspect a vehicle, a major component part, records, a certificate of authority, a certificate of title, and other ownership documents to determine compliance with this chapter. (b) A person that knowingly or intentionally prevents the secretary of state, a police officer, or an agent of the secretary of state from inspecting a vehicle, a major component part, a record, a certificate of authority, a certificate of title, or another ownership document during normal business hours commits a Class A infraction. As added by P.L.179-2017, SEC.69. Amended by P.L.284-2019, SEC.24.

Ind. Code § 9-32-9-21 Releasing or providing evidence or information; immunity from civil and criminal liability

Sec. 21. In the absence of fraud or bad faith, a person who releases or provides evidence or information under this chapter to any of the following is immune from civil or criminal liability for providing that evidence or information: (1) The superintendent of the state police or the superintendent's designee. (2) The attorney general or the attorney general's designee. (3) The city police chief or the city police chief's designee. (4) The county sheriff or the county sheriff's designee. (5) The prosecuting attorney or the prosecuting attorney's designee. As added by P.L.179-2017, SEC.70.

Ind. Code § 9-32-9-22 Issuance of search warrant

Sec. 22. A court may issue a warrant to search the premises of an automotive salvage recycler for any major component parts being possessed, kept, sold, bartered, given away, used, or transported in potential violation of this chapter. As added by P.L.179-2017, SEC.71. Amended by P.L.284-2019, SEC.25.

Ind. Code § 9-32-9-23 Search warrant; service and return

Sec. 23. A warrant issued under section 22 of this chapter shall be directed to a police officer who has the power of criminal process. The person to whom the warrant was issued shall serve the warrant and make the return not later than twenty (20) days after the date of issue. As added by P.L.179-2017, SEC.72.

Ind. Code § 9-32-9-24 Search warrant; articles to be seized; disposition ordered by the court

Sec. 24. The law enforcement officer who serves a warrant issued under section 22 of this chapter shall seize any article described in the warrant and any other article the police officer finds during the search that is held in violation of this chapter. The law enforcement officer shall hold the articles pending the disposition ordered by the court in which a prosecution may be instituted for a violation of this chapter. As added by P.L.179-2017, SEC.73.

Ind. Code § 9-32-9-25 Articles seized under warrant; replevin or other process

Sec. 25. A major component part seized under this chapter and any other article found on the searched premises and taken under a warrant issued under section 22 of this chapter may not be taken from the custody of the person who served the warrant by a writ of replevin or other process while proceedings are pending. As added by P.L.179-2017, SEC.74.

Ind. Code § 9-32-9-26 Commencement of prosecution; information or indictment

Sec. 26. The prosecution of a recycling facility, automotive salvage rebuilder, insurance company, or individual suspected of violating this section may be instituted by the filing of an information or indictment in the same manner as other criminal cases are commenced. As added by P.L.179-2017, SEC.75.

Ind. Code § 9-32-9-27 Civil remedies; actual damages; treble damages; costs and attorney's fees

Sec. 27. A person aggrieved by a violation of this chapter may recover the actual damages sustained, together with costs and reasonable attorney's fees. The court may increase the award of damages to: (1) an amount not to exceed three (3) times the actual damages sustained; or (2) two thousand five hundred dollars ($2,500); whichever is greater. As added by P.L.179-2017, SEC.76.

Ind. Code § 9-32-9-28 Violations as deceptive acts; action by attorney general

Sec. 28. A person who violates this chapter commits a deceptive act that is actionable by the attorney general and is subject to the remedies and penalties under IC 24-5-0.5. As added by P.L.179-2017, SEC.77.

Ind. Code § 9-32-9-29 Purchase of vehicle for scrap metal or parts; records of purchase; penalty

Sec. 29. (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 discernible. (5) The vehicle identification number of the motor vehicle, to the extent the number is discernible. (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. As added by P.L.179-2017, SEC.78. Amended by P.L.284-2019, SEC.26; P.L.103-2024, SEC.3; P.L.1-2025, SEC.142.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/9Fetched: 10/17/2026