CHAPTER 1. ABANDONED VEHICLES
IC 9-22
ARTICLE 22. ABANDONED, SALVAGED, AND
SCRAP VEHICLES
IC 9-22-1
Chapter 1. Abandoned Vehicles
IC 9-22-1-1
Application of chapter
Sec. 1. This chapter does not apply to the following:
(1) A vehicle in operable condition specifically adapted or
constructed for operation on privately owned raceways.
(2) A vehicle stored as the property of a member of the armed
forces of the United States who is on active duty assignment.
(3) A vehicle located on a vehicle sale lot.
(4) A vehicle located upon property licensed or zoned as an
automobile scrapyard.
(5) A vehicle registered and licensed under IC 9-18-12 as an
antique vehicle.
(6) A golf cart.
As added by P.L.2-1991, SEC.10. Amended by P.L.108-2001, SEC.2;
P.L.150-2009, SEC.15.
IC 9-22-1-2
Officer defined
Sec. 2. As used in this chapter, "officer" means the following:
(1) A regular member of the state police department.
(2) A regular member of a city or town police department.
(3) A town marshal or town marshal deputy.
(4) A regular member of the county police force.
(5) An individual of an agency designated by ordinance of the
fiscal body.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-3
Public agency defined
Sec. 3. As used in this chapter, "public agency" means a local
agency given the responsibility by statute or ordinance for the
removal, storage, and disposal of abandoned vehicles.
As added by P.L.2-1991, SEC.10. Amended by P.L.191-2007, SEC.6.
IC 9-22-1-3.5
Storage yard defined
Sec. 3.5. As used in this chapter, "storage yard" means a storage
facility or a towing service used for the removal and storage of
abandoned vehicles or parts.
As added by P.L.104-2005, SEC.2.
IC 9-22-1-4
Responsibility and liability of owner of abandoned vehicle or parts;
limitation of costs for storage
Sec. 4. (a) Except as provided in subsection (c), the person who
owns an abandoned vehicle or parts is:
(1) responsible for the abandonment; and
(2) liable for all of the costs incidental to the removal, storage,
and disposal;
of the vehicle or the parts under this chapter.
(b) The costs for storage of an abandoned vehicle may not exceed
one thousand five hundred dollars ($1,500).
(c) If an abandoned vehicle is sold by a person who removed,
towed, or stored the vehicle, the person who previously owned the
vehicle is not responsible for storage fees.
(d) If an abandoned vehicle is sold by a person who removed,
towed, or stored the vehicle, and proceeds from the sale of the
vehicle covered the removal, towing, and storage expenses, any
remaining proceeds from the sale of the vehicle shall be returned to
the previous owner of the vehicle if the previous owner is known.
As added by P.L.2-1991, SEC.10. Amended by P.L.104-2005, SEC.3;
P.L.191-2007, SEC.7.
IC 9-22-1-5
Discovery of possession by person other than vehicle owner
Sec. 5. When an officer discovers a vehicle in the possession of
a person other than the person who owns 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.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-6
Notice to bureau of vehicle discovered in possession of person other
than owner
Sec. 6. The bureau shall be notified within seventy-two (72) hours
of the location and description of a vehicle described in section 5 of
this chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.191-2007, SEC.8.
IC 9-22-1-7
Inability to determine ownership; declaring vehicle abandoned
Sec. 7. If:
(1) the person who owns or holds a lien under section 8 of this
chapter does not appear and pay all costs; or
(2) the person who owns a vehicle cannot be determined by a
search conducted under section 19 of this chapter;
the vehicle is considered abandoned and must be disposed of under
this chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.191-2007, SEC.9.
IC 9-22-1-8
Release to owner or lienholder of stored vehicle
Sec. 8. If the properly identified person who owns or holds a lien
on a vehicle appears at the site of storage before disposal of the
vehicle or parts and pays all costs incurred against the vehicle or
parts at that time, the vehicle or parts shall be released.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-9
Release; contents; notice by towing service
Sec. 9. The release must state the name, signature, and address of
the person who owns or holds a lien on the vehicle, a description of
the vehicle or parts, costs, and date of release. A towing service shall
notify the appropriate public agency of all releases under section 8
of this chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992, SEC.4;
P.L.191-2007, SEC.10.
IC 9-22-1-10
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-11
Tagging abandoned vehicle or parts
Sec. 11. An officer who finds or is notified of a vehicle or parts
believed to be abandoned shall attach in a prominent place a notice
tag containing the following information:
(1) The date, time, officer's name, public agency, and address
and telephone number to contact for information.
(2) That the vehicle or parts are considered abandoned.
(3) That the vehicle or parts will be removed after:
(A) twenty-four (24) hours, if the vehicle is located on or
within the right-of-way of an interstate highway or any
highway that is designated as part of the state highway
system under IC 8-23-4; or
(B) seventy-two (72) hours, for any other vehicle.
(4) That the person who owns the vehicle will be held
responsible for all costs incidental to the removal, storage, and
disposal of the vehicle.
(5) That the person who owns the vehicle may avoid costs by
removal of the vehicle or parts within:
(A) twenty-four (24) hours, if the vehicle is located on or
within the right-of-way of an interstate highway or any
highway that is designated as part of the state highway
system under IC 8-23-4; or
(B) seventy-two (72) hours, for any other vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992, SEC.5;
P.L.131-2008, SEC.47; P.L.54-2009, SEC.6.
IC 9-22-1-12
Officer's abandoned vehicle report; photographs
Sec. 12. If a vehicle or a part tagged under section 11 of this
chapter is not removed within the applicable period, the officer shall
prepare a written abandoned vehicle report of the vehicle or parts,
including information on the condition, missing parts, and other facts
that might substantiate the estimated market value of the vehicle or
parts. Photographs shall be taken to describe the condition of the
vehicle or parts.
As added by P.L.2-1991, SEC.10. Amended by P.L.131-2008,
SEC.48.
IC 9-22-1-13
Disposal of vehicle or parts; retention of records and photographs
by bureau
Sec. 13. (a) If in the opinion of the officer the market value of an
abandoned vehicle or parts determined in accordance with section 12
of this chapter is less than:
(1) five hundred dollars ($500); or
(2) in a municipality that has adopted an ordinance under
subsection (b), the amount established by the ordinance;
the officer shall immediately dispose of the vehicle to a storage yard.
A copy of the abandoned vehicle report and photographs relating to
the abandoned vehicle shall be forwarded to the bureau. A towing
service may dispose of an abandoned vehicle not less than thirty (30)
days after the date on which the towing service removed the
abandoned vehicle. A city, county, or town that operates a storage
yard under IC 36-9-30-3 may dispose of an abandoned vehicle to an
automobile scrapyard or an automotive salvage recycler upon
removal of the abandoned vehicle. The public agency disposing of
the vehicle shall retain the original records and photographs for at
least two (2) years.
(b) The legislative body of a municipality (as defined in
IC 36-1-2-11) may adopt an ordinance that establishes the market
value below which an officer may dispose of a vehicle or parts under
subsection (a). However, the market value established by the
ordinance may not be more than seven hundred fifty dollars ($750).
As added by P.L.2-1991, SEC.10. Amended by P.L.92-1997, SEC.2;
P.L.104-2005, SEC.4; P.L.191-2007, SEC.11.
IC 9-22-1-14
Duties of tagging officer; towing and storage of vehicle or parts
Sec. 14. (a) If in the opinion of the officer the market value of the
abandoned vehicle or parts determined in accordance with section 12
of this chapter is at least:
(1) five hundred dollars ($500); or
(2) in a municipality that has adopted an ordinance under
section 13(b) of this chapter, the amount established by the
ordinance;
the officer, before placing a notice tag on the vehicle or parts, shall
make a reasonable effort to ascertain the person who owns the
vehicle or parts or who may be in control of the vehicle or parts.
(b) After seventy-two (72) hours, the officer shall require the
vehicle or parts to be towed to a storage yard or towing service.
As added by P.L.2-1991, SEC.10. Amended by P.L.92-1997, SEC.3;
P.L.104-2005, SEC.5.
IC 9-22-1-15
Discovery of vehicle abandoned on private property
Sec. 15. (a) A person who finds a vehicle believed to be
abandoned on private property that the person owns or controls,
including rental property, may:
(1) obtain the assistance of an officer under section 18 of this
chapter to have the vehicle removed; or
(2) personally arrange for the removal of the vehicle by
complying with subsection (b) and section 16 of this chapter.
(b) If the person wishes to personally arrange for the removal of
the vehicle, the person shall attach in a prominent place a notice tag
containing the following information:
(1) The date, time, name, and address of the person who owns
or controls the private property and a telephone number to
contact for information.
(2) That the vehicle is considered abandoned.
(3) That the vehicle will be removed after twenty-four (24)
hours.
(4) That the person who owns the vehicle will be held
responsible for all costs incidental to the removal, storage, and
disposal of the vehicle.
(5) That the person who owns the vehicle may avoid costs by
removal of the vehicle or parts within twenty-four (24) hours.
As added by P.L.2-1991, SEC.10. Amended by P.L.130-1995, SEC.1;
P.L.108-2001, SEC.3; P.L.54-2009, SEC.7.
IC 9-22-1-16
Towing vehicle from private property
Sec. 16. (a) If after twenty-four (24) hours the person who 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 may have the vehicle towed from the
private property.
(b) Notwithstanding subsection (a), in an emergency situation a
vehicle may be removed immediately. As used in this subsection,
"emergency situation" means that the presence of the abandoned
vehicle 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.
As added by P.L.2-1991, SEC.10. Amended by P.L.130-1995, SEC.2;
P.L.108-2001, SEC.4; P.L.104-2005, SEC.6; P.L.191-2007, SEC.12;
P.L.54-2009, SEC.8.
IC 9-22-1-17
Notice to bureau given by service towing vehicle from rental
property
Sec. 17. A towing service that tows a vehicle under section 5 or
16 of this chapter shall give notice to the public agency that the
abandoned vehicle is in the possession of the towing service.
As added by P.L.2-1991, SEC.10. Amended by P.L.191-2007,
SEC.13.
IC 9-22-1-18
Complaint by person owning or controlling private property
Sec. 18. Upon complaint of a person who owns or controls private
property that a vehicle has been left on the property for at least
forty-eight (48) hours without the consent of the person who owns or
controls the property, an officer shall follow the procedures set forth
in sections 11 through 14 of this chapter.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-19
Abandoned vehicle report; national data base search; notice to
owner or lienholder; reimbursement
Sec. 19. (a) Within seventy-two (72) hours after removal of a
vehicle to a storage yard or towing service under section 5, 13, 14, or
16 of this chapter, the public agency or towing service shall do the
following:
(1) Prepare and forward to the bureau a report containing a
description of the vehicle, including the following information
concerning the vehicle:
(A) The make.
(B) The model.
(C) The identification number.
(D) The number of the license plate.
(2) Conduct a search of national data bases, including a data
base of vehicle identification numbers, to attempt to obtain the
name and address of the person who owns or holds a lien on the
vehicle.
(b) Notwithstanding section 4 of this chapter, if the public agency
or towing service fails to notify the bureau of the removal of an
abandoned vehicle within seventy-two (72) hours after the vehicle is
removed as required by subsection (a), the public agency or towing
service:
(1) may not initially collect more in reimbursement for the costs
of storing the vehicle than the cost incurred for storage for
seventy-two (72) hours; and
(2) subject to subsection (c), may collect further reimbursement
under this chapter only for additional storage costs incurred
after notifying the bureau of the removal of the abandoned
vehicle.
(c) If the public agency or towing service obtains the name and
address of the person who owns or holds a lien on a vehicle under
subsection (a)(2), within seventy-two (72) hours after obtaining the
name and address, the public agency or towing service shall, by
certified mail, notify the person who owns or holds a lien on the
vehicle of the:
(1) name;
(2) address; and
(3) telephone number;
of the public agency or towing service. Notwithstanding section 4 of
this chapter and subsection (b)(2), a public agency or towing service
that fails to notify a person who owns or holds a lien on the vehicle
as set forth in this subsection may not collect additional storage costs
incurred after the date of receipt of the name and address obtained
under subsection (a)(2).
(d) A towing service may not collect reimbursement under both
subsections (b) and (c) for storage costs incurred during a particular
period for one (1) vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992, SEC.6;
P.L.78-2003, SEC.1; P.L.104-2005, SEC.7; P.L.191-2007, SEC.14.
IC 9-22-1-20
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-21
Means of vehicle identification not available; disposal without
notice
Sec. 21. If a vehicle or parts are in such a condition that vehicle
identification numbers or other means of identification are not
available to determine the person who owns or holds a lien on the
vehicle, the vehicle may be disposed of without notice.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-22
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-23
Public sale by city, town, or county; notice
Sec. 23. (a) This section applies to a city, town, or county.
(b) Except as provided in subsection (c), if the person who owns
or holds a lien upon a vehicle does not appear within twenty (20)
days after the mailing of a notice under section 19 of this chapter, the
unit may sell the vehicle or parts by either of the following methods:
(1) The unit may sell the vehicle or parts to the highest bidder
at a public sale. Notice of the sale shall be given under IC 5-3-1,
except that only one (1) newspaper insertion one (1) week
before the public sale is required.
(2) The unit may sell the vehicle or part as unclaimed property
under IC 36-1-11. The twenty (20) day period for the property
to remain unclaimed is sufficient for a sale under this
subdivision.
(c) This subsection applies to a consolidated city or county
containing a consolidated city. If the person who owns or holds a lien
upon a vehicle does not appear within fifteen (15) days after the
mailing of a notice under section 19 of this chapter, the unit may sell
the vehicle or parts by either of the following methods:
(1) The unit may sell the vehicle or parts to the highest bidder
at a public sale. Notice of the sale shall be given under IC 5-3-1,
except that only one (1) newspaper insertion one (1) week
before the public sale is required.
(2) The unit may sell the vehicle or part as unclaimed property
under IC 36-1-11. The fifteen (15) day period for the property
to remain unclaimed is sufficient for a sale under this
subdivision.
As added by P.L.2-1991, SEC.10. Amended by P.L.92-1997, SEC.6;
P.L.191-2007, SEC.15.
IC 9-22-1-24
Purchasers at public sales; bill of sale; fees; roadworthiness of
vehicle
Sec. 24. A person who purchases a vehicle under section 23 of
this chapter shall be furnished a bill of sale for each abandoned
vehicle sold by the public agency upon paying the fee for a bill of
sale under IC 9-29-7. A person who purchases a vehicle under
section 23 of this chapter must:
(1) present evidence from a law enforcement agency that the
vehicle purchased is roadworthy, if applicable; and
(2) pay the appropriate title fee under IC 9-29-4;
to obtain a certificate of title under IC 9-17 for the vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992, SEC.7;
P.L.191-2007, SEC.16.
IC 9-22-1-25
Payment of removal, storage, and disposition costs; cost limits
Sec. 25. The costs for removal and storage of an abandoned
vehicle or parts not claimed by the person who owns or holds a lien
on a vehicle shall be paid from the abandoned vehicle account
established under section 30 of this chapter. The charge payable by
the person who owns or holds a lien on a vehicle for towing, storing,
or removing an abandoned vehicle or parts may not exceed the limits
established by ordinance adopted under section 30 of this chapter.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-26
Sale proceeds credited against removal, storage, and disposition
costs
Sec. 26. The proceeds of sale of an abandoned vehicle or parts
under section 23 of this chapter shall be credited against the costs of
the removal, storage, and disposal of the vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.191-2007,
SEC.17.
IC 9-22-1-27
Sales by city, county, or town; deposit of proceeds; payment of
public agency costs; appropriations
Sec. 27. (a) This section applies to sales of abandoned vehicles or
parts by a city, county, or town.
(b) The proceeds from the sale of abandoned vehicles or parts,
including:
(1) charges for bills of sale; and
(2) money received from persons who own or hold liens on
vehicles for the cost of removal or storage of vehicles;
shall be deposited in the city's, county's, or town's abandoned vehicle
fund by the fiscal officer of the city, county, or town.
(c) The costs incurred by a public agency in administering this
chapter shall be paid from the abandoned vehicle fund.
(d) The fiscal body shall annually appropriate sufficient money to
the fund to carry out this chapter. Money remaining in the fund at the
end of a year remains in the fund and does not revert to the general
fund.
(e) Notwithstanding subsection (d), the fiscal body of a
consolidated city may transfer money from the fund.
As added by P.L.2-1991, SEC.10. Amended by P.L.85-1995, SEC.39;
P.L.191-2007, SEC.18.
IC 9-22-1-28
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-29
Repealed
(Repealed by P.L.191-2007, SEC.21.)
IC 9-22-1-30
Fiscal body procedures established by ordinance; abandoned
vehicle fund
Sec. 30. (a) The fiscal body shall, by ordinance, establish
procedures to carry out this chapter, including the following:
(1) The charges allowed for towing and storage of abandoned
vehicles, which shall be filed with the bureau.
(2) The means of disposition of vehicles.
(b) The fiscal body shall establish an abandoned vehicle fund for
the purposes of this chapter.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-31
Public agencies; personnel, property, and towing contracts; fiscal
body ordinances
Sec. 31. To facilitate the removal of abandoned vehicles or parts,
a public agency may:
(1) employ personnel;
(2) acquire equipment, property, and facilities; and
(3) enter into towing contracts;
for the removal, storage, and disposition of abandoned vehicles and
parts. The fiscal body may, by ordinance, establish procedures to
carry out this section.
As added by P.L.2-1991, SEC.10.
IC 9-22-1-32
Liability for loss or damage to vehicle or vehicle parts
Sec. 32. The following are not liable for loss or damage to a
vehicle or parts occurring during the removal or storage of a vehicle
or parts under this chapter:
(1) A person who owns, leases, or occupies property from
which an abandoned vehicle or its contents or parts are
removed.
(2) A public agency.
(3) A towing service.
(4) An automobile scrapyard.
(5) A storage yard.
(6) An agent of a person or entity listed in subdivisions (1)
through (5).
As added by P.L.2-1991, SEC.10. Amended by P.L.104-2005, SEC.8;
P.L.54-2009, SEC.9.