Introduced Version, House Bill 1170

Introduced Version

HOUSE BILL No. 1170

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 9-13-2-114.6 ; IC 9-17-2 ; IC 14-16-1-9.5.

Synopsis: Certificates of title. Requires a person to acquire a certificate of title for an off-road vehicle, motor scooter, or motorized bicycle that will be operated within the state. Provides that this requirement does not apply to off-road vehicles, motor scooters, or motorized bicycles purchased before July 1, 2002, by an Indiana resident.

Effective: July 1, 2002.

January 9, 2002, read first time and referred to Committee on Roads and Transportation.

Introduced

Second Regular Session 112th General Assembly (2002)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in ~~this~~ ~~style~~ ~~type.~~
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 ~~this~~ ~~style~~ ~~type~~ reconciles conflicts between statutes enacted by the 2001 General Assembly.

HOUSE BILL No. 1170

A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-17-2-1; (02)IN1170.1.2. -->     SECTION 2. IC 9-17-2-1 , AS AMENDED BY P.L.181-1999, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) Within sixty (60) days of becoming an Indiana resident, 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 ;
        (2) are off-road vehicles and were purchased by the person after June 30, 2002, or have a certificate of title from another state;
        (3) are motor scooters and were purchased by the person after June 30, 2002, or have a certificate of title from another state; or
        (4) are motorized bicycles and were purchased by the person

after June 30, 2002, or have a certificate of title from another state;
and will be operated in Indiana.
    (b) Within sixty (60) days after becoming an Indiana resident, a person shall 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.
    (c) A person must produce evidence concerning the date on which the person became an Indiana resident.

SOURCE: IC 9-17-2-5; (02)IN1170.1.3. -->     SECTION 3. IC 9-17-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. If an application for a certificate of title is for a vehicle brought into Indiana from another state, the application must be accompanied by:
        (1) the certificate of title issued for the vehicle by the other state if the other state has a certificate of title law; or
        (2) a sworn bill of sale or dealer's invoice fully describing the vehicle and the most recent registration receipt issued for the vehicle if the other state does not have a certificate of title law; or
        (3) any other information that the bureau requires, if the other state does not have a certificate of title and registration law.

SOURCE: IC 9-17-2-6; (02)IN1170.1.4. -->     SECTION 4. IC 9-17-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. (a) This section does not apply to a motor vehicle requiring a title under section 1(a)(2), 1(a)(3), or 1(a)(4) of this chapter.
     (b) A certificate of title issued for a vehicle that is required to be registered under this title at a declared gross weight of sixteen thousand (16,000) pounds or less must contain the odometer reading of the vehicle in miles or kilometers as of the date of sale or transfer of the vehicle.
    ~~(b)~~ (c) A person may not knowingly furnish to the bureau odometer information that does not accurately indicate the total recorded miles or kilometers on the vehicle.
    ~~(c)~~ (d) The bureau and its license branches are not subject to a criminal or civil action by a person for an invalid odometer reading on a certificate of title.

SOURCE: IC 9-17-2-9; (02)IN1170.1.5. --> SECTION 5. IC 9-17-2-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9. (a) This section does not apply

to a motor vehicle requiring a title under section 1(a)(2), 1(a)(3), or 1(a)(4) of this chapter.
    (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.

SOURCE: IC 9-17-2-12; (02)IN1170.1.6. -->     SECTION 6. IC 9-17-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: 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 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 requiring a title under section 1(a)(2), 1(a)(3), or 1(a)(4) of this chapter.
    (c) 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 bureau to perform an inspection.
        (2) A military policeman assigned to a military post in Indiana.
        (3) A police officer.
        (4) A designated employee of the bureau.
    (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.

SOURCE: IC 9-17-2-13; (02)IN1170.1.7. --> SECTION 7. IC 9-17-2-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 13. (a) This subsection does not apply to an off-road vehicle required to be registered under IC 14-16-1-8. Except as provided in subsection (b), a person may not operate or permit to be operated upon the highways a motor vehicle, semitrailer, or recreational vehicle under an Indiana

registration number unless a certificate of title has been issued under this chapter for the motor vehicle, semitrailer, or recreational vehicle.
    (b) A person may operate a motor vehicle, semitrailer, or recreational vehicle upon highways without an Indiana certificate of title if the motor vehicle, semitrailer, or recreational vehicle:
        (1) is:
            (A) fully titled and registered in another state; and
            (B) operating under an Indiana trip permit or temporary registration; or
        (2) is registered under apportioned registration of the International Registration Plan and based in a state other than Indiana.
    (c) A person who owns a motor vehicle, semitrailer, or recreational vehicle may declare Indiana as the person's base without obtaining an Indiana certificate of title if:
        (1) the person's state of residence is not a member of the International Registration Plan; and
        (2) the person presents satisfactory proof of ownership from the resident state.
     (d) This subsection does not apply to a motor scooter, a motorized bicycle, or an off-road vehicle purchased before July 1, 2002. A person may not operate or permit to be operated upon the highways:
        (1) a motor scooter;
        (2) a motorized bicycle; or
        (3) an off-road vehicle;
unless a certificate of title has been issued under this chapter for the motor scooter, motorized bicycle, or off-road vehicle, or unless the motor scooter, motorized bicycle, or off-road vehicle is titled in another state.

SOURCE: IC 14-16-1-9.5; (02)IN1170.1.9. --> SECTION 9. IC 14-16-1-9.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9.5. Registration under this chapter does not relieve an owner of an off-road vehicle from any title requirement for the off-road vehicle under IC 9-17-2.