reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-8 - "Consignment sales" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 8.
"Consignment sales" refers to a sale in which the dealer
				  sells or offers for sale, for compensation or not, a vehicle which is not
				  titled or assigned to the dealer.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-9 was
					 renumbered by the Publisher as 75 IAC 2-1-8, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-9 - "Consignor" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 9.
"Consignor" means the titled or assigned owner of a vehicle
				  who consigns a vehicle to a dealer.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-10 was
					 renumbered by the Publisher as 75 IAC 2-1-9, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-10 - "Converter manufacturer" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-37; IC 9-23
Sec. 10.
"Converter manufacturer" has the meaning set forth in IC
				  9-13-2-37.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-11 was
					 renumbered by the Publisher as 75 IAC 2-1-10, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-11 - "Dealer" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-42; IC 9-18; IC 9-23
Sec. 11.
"Dealer" has the meaning set forth in IC 9-13-2-42.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-12 was
					 renumbered by the Publisher as 75 IAC 2-1-11, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-12 - "Dealer plate" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 12.
"Dealer plate" means a classification of metal registration
				  plates issued by the secretary of state to a licensed dealer, manufacturer,
				  converter manufacturer, distributor, transfer dealer, wholesale dealer,
				  automobile auctioneer, or broker.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-13 was
					 renumbered by the Publisher as 75 IAC 2-1-12, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-13 - "Designee" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 6-6-5; IC 9-13-2; IC 9-23; IC 9-32-6-9
Sec. 13.
"Designee" refers to any person, including an employee, to
				  which a dealer or manufacturer has granted the use of a vehicle, under IC
				  9-32-6-9, in the dealer's or manufacturer's inventory displaying a dealer-new,
				  dealer-used, or manufacturer registration plate.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-14 was
					 renumbered by the Publisher as 75 IAC 2-1-13, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-14 - "Established place of business" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-50; IC 9-23
Sec. 14.
"Established place of business" has the meaning set forth in
				  IC 9-13-2-50 and outlined in 140 IAC 3.5-2.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-15 was
					 renumbered by the Publisher as 75 IAC 2-1-14, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-15 - "License year" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-32-11-12
Sec. 15.
"License year" refers to a twelve (12) month period
				  commencing and ending in accordance with IC 9-32-11-12.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-16 was
					 renumbered by the Publisher as 75 IAC 2-1-15, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-16 - "Manufacturer" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-97; IC 9-23
Sec. 16.
"Manufacturer" has the meaning set forth in IC
				  9-13-2-97.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-17 was
					 renumbered by the Publisher as 75 IAC 2-1-16, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-17 - "Motor vehicle industry sponsored trade show" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 17.
"Motor vehicle industry sponsored trade show" means the
				  exhibition of vehicles by a motor vehicle trade association to provide the
				  general public the opportunity to review and inspect vehicles at a single
				  location. All trade association members must be invited to participate in the
				  trade show.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-20 was
					 renumbered by the Publisher as 75 IAC 2-1-17, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-18 - "Motor vehicle trade association" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 18.
"Motor vehicle trade association" refers to:
(1) a statewide association of licensed
				dealers with a membership greater than one hundred (100) dealers; or
(2) a local association of licensed dealers
				with a membership of at least eighty percent (80%) of the dealers in the local
				area.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-21 was
					 renumbered by the Publisher as 75 IAC 2-1-18, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-19 - "New or used motorcycle dealer" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-32
Sec. 19.
"New or used motorcycle dealer" means a person who is
				  properly licensed as a dealer under IC 9-32 and who sells over fifty percent
				  (50%) of total unit sales as new or used motorcycles.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-22 was
					 renumbered by the Publisher as 75 IAC 2-1-19, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-20 - "Place of business" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 20.
"Place of business" means the business location of a transfer
				  dealer.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-23 was
					 renumbered by the Publisher as 75 IAC 2-1-20, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-21 - "Primary business" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 21.
"Primary business" means the business activity which
				  generates more than fifty percent (50%) of the gross revenue of the business or
				  enterprise.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-24 was
					 renumbered by the Publisher as 75 IAC 2-1-21, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-22 - "Transfer dealer" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-23; IC 9-32-2-25
Sec. 22.
"Transfer dealer" has the meaning set forth in IC
				  9-32-2-25.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-30 was
					 renumbered by the Publisher as 75 IAC 2-1-22, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 1 - Definitions › Section 1-23 - "Wholesale dealer" defined

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-23; IC 9-32-2-28
Sec. 23.
"Wholesale dealer" has the meaning set forth in IC
				  9-32-2-28.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-1-31 was
					 renumbered by the Publisher as 75 IAC 2-1-23, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-1 - Issuance and use of dealer plates

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-29; IC 9-32
Sec. 1.
Dealer plates may be issued to a person properly licensed
				  under IC 9-32. The dealer plates issued, however, may be affixed only to
				  vehicles primarily used or stored at an address within Indiana.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-2-1 was
					 renumbered by the Publisher as 75 IAC 2-2-1, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-2 - Certificates of origin for converted vehicles

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-17; IC 9-18; IC 9-23
Sec. 2.
A licensed dealer, manufacturer, converter manufacturer, or
				  transfer dealer who converts any type of vehicle, on which a certificate of
				  origin has already been issued, into another type of motor vehicle on which the
				  manufacturer, converter manufacturer, dealer, or transfer dealer issues a
				  second certificate of origin must provide both the initial certificate of
				  origin and the second certificate of origin upon transfer of the
				  vehicle.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-2-2 was
					 renumbered by the Publisher as 75 IAC 2-2-2, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-4 - Issuance of off-site sales licenses; general conditions and minimum requirements

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23; IC 24-4-6
Sec. 4.
(a) An
				off-site license may be issued to a licensed dealer, manufacturer, automobile
				auctioneer, or transfer dealer for the purpose of conducting a vehicle event at
				a location other than the applicant's established place of business.
(b) The temporary location must:
(1) be in a well defined location such as a
				building, tent, or open parking area which is separate and distinct from other
				business locations;
(2) set up to
				include an appropriate area for the closing of a sale if a sale is closed at
				the off-site location; and
(3) meet
				all local ordinances and zoning requirements.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-5 - Dealer plates; restrictions on use

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-32
Sec. 5.
In addition to the restrictions established by IC 9-32,
				  dealer plates issued to dealer-new, dealer-used, motorcycle dealer-new, and
				  motorcycle dealer-used are subject to the following restrictions:
(1) Dealer plates under this section shall
				only be affixed upon vehicles in the dealer's inventory being held for sale in
				the usual and customary conduct of the dealer's business of buying and selling
				vehicles.
(2) Use of the plates
				shall be for the direct and incidental use in the usual and customary conduct
				and operation of the business of the dealer.
(3) Dealer plates under this section shall
				not be used on vehicles required to be registered or on vehicles for which
				dealers charge and receive compensation from individuals other than their
				employees. Vehicles required to be registered include:
(A) tow trucks;
(B) delivery trucks;
(C) rental or lease vehicles; or
(D) parts and service vehicles.
A vehicle used to pick up or deliver parts or supplies is a
				  service or parts vehicle.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-6 - Manufacturer license requirements

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-18-27; IC 9-32
Sec. 6.
(a)
				Manufacturers, converter manufacturers, factory branches, factory
				representatives, distributors, distributor branches, or distributor
				representatives must have a license issued by the secretary of state under IC
				9-32 in order to receive manufacturer plates.
(b) Manufacturers, converter manufacturers,
				factory branches, factory representatives, distributors, distributor branches,
				or distributor representatives, though conducting business within Indiana, are
				not required to have an established place of business.
(c) Application for manufacturer license and
				manufacturer plates may be made after December 15 or two (2) months prior to
				the expiration month of each year for the following license year.
(d) An applicant who applied for a license
				after December 15 but before March 1 of the license year shall be eligible to
				be licensed for the following license year.
(e) In addition to the requirements outlined
				in IC-32
[sic]
, a manufacturer must meet the following minimum
				requirements:
(1) The applicant must provide a
				federal identification number and a retail merchant's certificate
				number.
(2) The applicant must
				provide, if the applicant has an established place of business, garage
				liability insurance as prescribed in IC 9-32-11-14. The applicant must provide,
				if the applicant does not have an established place of business, business
				liability insurance in an amount approved by the secretary of state.
(3) The applicant must be in good standing
				with the bureau of motor vehicles, the department of revenue, and the state
				police department.
(4) Unless
				conflicting with the provisions of this section, all rules governing dealers
				apply to manufacturers.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-7 - Manufacturer plates; restrictions on use

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-18-27; IC 9-23; IC 9-25-4-5; IC
				  9-32-6
Sec. 7.
In addition to the restrictions established by IC 9-32-6,
				  manufacturer plates are subject to the following restrictions:
(1) If the manufacturer, converter
				manufacturer, factory representative, factory branch, distributor, distributor
				representative, or distributor branch desires to obtain manufacturer plates and
				does not have an established place of business, then the applicant must show
				that the vehicles to be plated and utilized on the public highways have
				insurance coverage in the same amount as required under IC 9-25-4-5.
(2) Manufacturer plates under this section
				shall only be affixed upon vehicles in the manufacturer's inventory being held
				for sale in the usual and customary conduct of the manufacturer's
				business.
(3) Manufacturer plates
				shall be for the direct and incidental use in the usual and customary conduct
				and operation of the business of the manufacturer.
(4) Use in the usual and customary conduct
				and operation of the business shall be determined by the practice of all
				manufacturers in accordance with this article.
(5) Manufacturer plates under this section
				shall not be used on vehicles required to be registered or upon any vehicle for
				which the manufacturer received compensation from individuals other than the
				manufacturer's employees.
(6) The
				manufacturer, and the manufacturer's designees, may use the manufacturer plates
				issued to the manufacturer for personal use on vehicles in the manufacturer's
				inventory. A designee, for purposes of this subdivision, must be in a bona fide
				employment arrangement.
(7)
				Manufacturer plates may not be used to circumvent the registration of
				individual motor vehicles as required by law or the payment of sales tax or
				automobile excise taxes on those vehicles.
(8) For a manufacturer to loan, lease, or
				sell a manufacturer plate issued to the manufacturer to anyone not authorized
				to use that manufacturer's plates or to a party who has or could obtain any
				classification of dealer plates as a result of the nature of that party's
				business, is a violation of this rule.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-2-8 was
					 renumbered by the Publisher as 75 IAC 2-2-7, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-8 - Transfer dealer license requirements

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-18; IC 9-32-11-14
Sec. 8.
(a) Transfer
				dealers must be properly licensed by the secretary of state in order to receive
				transfer dealer plates.
(b) An
				application for a new transfer dealer license and transfer dealer plates may be
				submitted any time prior to December 15 for the current license year. A
				transfer dealer license renewal application may be submitted thirty (30) days
				prior to the license expiration date.
(c) An applicant who applies for a license
				under this section after December 15 shall be eligible to be licensed for the
				following year.
(d) A transfer
				dealer shall do the following:
(1) Furnish a
				federal identification number and a retail merchant's certificate
				number.
(2) Have a place of
				business which is devoted to the conduct of a business related to the sale of
				motor vehicles. The place of business must be a permanent, enclosed building or
				structure. The place of business shall not include a residence, tent, temporary
				stand, or permanent quarters temporarily occupied. Parking or storage of a
				minimum of ten (10) motor vehicles must be provided.
(3) Furnish photographs of the place of
				business with the initial application for a transfer dealer license. These
				photographs must include, but are not limited to, the major sales, storage, and
				office space utilized by the transfer dealer. The photographs must be not less
				than three (3) inches by five (5) inches in size. The photographs must be
				updated if the dealership is moved or if its physical facilities are
				substantially altered or modified.
(4) The transfer dealer must be in good
				standing with the bureau of motor vehicles, the department of revenue, and the
				state police department.
(5)
				Furnish proof of coverage by garage liability insurance under IC 9-32-11-14 if
				the dealer has an established place of business. The transfer dealer must be
				covered by business liability insurance if the dealer has a place of
				business.
(6) Provide a statement
				delineating the type and extent of the dealer's business.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-9 - Transfer dealer plates; restrictions on use

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-23
Sec. 9.
(a) Transfer
				dealer plates may be placed on vehicles owned by the transfer dealer for a
				period not to exceed ten (10) days for:
(1)
				the purpose of acquisition of vehicles;
(2) the purpose of previously sold vehicles;
				or
(3) delivery of vehicles
				following sale.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-10 - Wholesale dealer, auctioneer, and broker licenses

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 10.
(a)
				Wholesale dealers, automobile auctioneers, and brokers must be properly
				licensed by the secretary of state in order to receive dealer plates.
(b) An application for a new wholesale dealer
				license and dealer plates may be submitted any time prior to December 15 for
				the current license year. A wholesale dealer, automobile auctioneer, or broker
				license renewal application may be submitted thirty (30) days prior to the
				license expiration date.
(c) Any
				applicant who applies for a license after December 15 is eligible to be
				licensed for the following year.
(d) The following are minimum requirements
				for licensing wholesale dealers, automobile auctioneers, and brokers:
(1) An applicant must furnish a federal
				identification number and a retail merchant's certificate number.
(2) An applicant must be covered by business
				liability insurance in an amount determined by the secretary of
				state.
(3) An applicant must be in
				good standing with the bureau of motor vehicles, the department of revenue, and
				the state police department.
(4)
				Each applicant must submit to an investigation by the secretary of state within
				one hundred twenty (120) days following the issuance of the wholesale dealer
				license. Business records must be presented to verify the number of monthly
				sales. Each applicant will be contacted at the address given on the license
				application. If the applicant is not available when the investigator calls, it
				will be the responsibility of the dealer to contact the secretary of state to
				arrange for a subsequent visit. Dealer plates will not be renewed under this
				section until an investigation has been conducted.
(5) The wholesale dealer must provide a
				permanent Indiana address at which the dealer may be contacted by the secretary
				of state.
(6) A wholesale dealer
				must sell a minimum of one hundred twenty (120) vehicles per year.
(7) Unless conflicting with the provisions of
				this section, all rules that the secretary of state finds applicable governing
				dealers shall apply to wholesale dealers, automobile auctioneers, and
				brokers.
(8) A wholesale dealer,
				except a dealer licensed as an automobile auctioneer, may not sell vehicles to
				the general public.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-11 - Number of vehicles sold by dealer or transfer dealer

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-23
Sec. 11.
(a) Dealers
				and transfer dealers, with the exception of wholesale dealers, financial
				institutions, and insurance companies, must sell a minimum of twelve (12)
				vehicles within a twelve (12) month period. For the purpose of determining the
				number of units sold or anticipated to be sold by a dealer, the licensing year
				shall be used.
(b) A wholesale
				dealer is subject to the requirement of selling one hundred twenty (120)
				vehicles within a twelve (12) month period. For the purpose of determining the
				number of units sold or anticipated to be sold by a wholesale dealer, the
				licensing year shall be used.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-2-13 was
					 renumbered by the Publisher as 75 IAC 2-2-11, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-12 - Consignment sales

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-105; IC 9-32-2-6
Sec. 12.
(a) As used
				in this section, "consignment sales lot" means a business which conducts twelve
				(12) or more (retail or wholesale) consignment sales per year for which
				ownership is never transferred to a broker as defined in IC 9-32-2-6.
(b) A consignor who consigns a vehicle to a
				consignee to be offered for sale and sold by the consignee on behalf of the
				consignor to a third party purchaser must provide the consignee with either the
				title to the vehicle along with a power of attorney designating the consignee
				as the agent of the consignor or a duly executed consignment agreement between
				the consignor and the consignee. The consignor must be identified to the buyer
				by the consignee.
(c) A consignment
				agreement for consignment sales must contain, but is not limited to, the
				following information:
(1) The name and
				current address of the vehicle's titled owner and person having possession of
				the title.
(2) The name and current
				address of any party holding a lien on the vehicle.
(3) The name and current address of the party
				to which the vehicle was consigned for sale.
(4) A description of the vehicle, including
				the vehicle's make, model, color, and manufacturer's vehicle identification
				number.
(5) A statement showing
				that the consignor has appointed the consignee as an agent for the purpose of
				offering the vehicle for sale.
(6)
				Any sales conditions that must be met by the consignee.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-13 - Interim plates; restrictions on use

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-23; IC 9-32-6-11
Sec. 13.
(a)
				Requirements for the use of interim plates shall be as follows:
(1) Under IC 9-32-6-11, interim plates may be
				utilized only by the operator of a motor vehicle:
(A) for a period not to exceed thirty-one
				(31) days after the date of delivery; or
(B) until regular registration plates are
				obtained;
whichever occurs first.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-14 - Denial, suspension, or revocation of dealer license and plate; hearing

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 4-21.5; IC 9-32-6-2; IC 9-32-17
Sec. 14.
(a)
				Application for a dealer license and dealer plates shall be as follows:
(1) A person may file an application for a
				dealer license and dealer plates with the secretary of state.
(2) The secretary of state shall investigate
				the information submitted with the application. Based upon the investigation,
				the secretary of state shall approve or deny the application.
(3) If the application is approved, the
				secretary of state shall assign the applicant to the proper classification of
				dealer plates and issue the plates under this rule and IC 9-32-6-2.
(4) If the application is denied or if the
				applicant does not agree with the secretary of state's classification, the
				request for redetermination procedure shall be as follows:
(A) Within fifteen (15) days of the secretary
				of state's determination of a party's application for dealer plates, that
				party, if aggrieved, may make written request to the secretary of state for a
				redetermination specifically stating the grounds for which the redetermination
				is requested.
(B) As a result of
				the written request for redetermination, the secretary of state shall afford
				the applicant the opportunity to present evidence at a hearing. The hearing
				will be conducted in accordance with IC 4-21.5. Any further review of the
				determination by the secretary of state shall be afforded under IC
				9-23-2-14(b)
[IC 9-23-2 was repealed by P.L. 92-2013, SECTION 53,
				effective July 1, 2013.]
.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-15 - Operation without license; cease and desist order

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-32
Sec. 15.
A business engaged in the business activities as identified
				  in IC 9-32 must be properly licensed to carry out the business activities and
				  functions. Failure to obtain a license or having a license suspended or revoked
				  by the secretary of state shall be cause for an order to cease and desist all
				  business activities to be issued by the secretary of state. The secretary of
				  state shall notify the state police department of an order issued to cease and
				  desist business activities.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-2-17 was
					 renumbered by the Publisher as 75 IAC 2-2-15, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-16 - Dealer licensing fees; procedures for handling

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-23; IC 9-29
Sec. 16.
(a) The
				secretary of state shall charge a fee of twenty dollars ($20), or five percent
				(5%) of the face amount of the check, whichever is greater, but not to exceed
				two hundred fifty dollars ($250) as a handling charge for returned
				checks.
(b) If additional dealer
				plates are not approved after investigation, there will be no refund for issued
				temporary dealer permits.
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-2-18 was
					 renumbered by the Publisher as 75 IAC 2-2-16, effective July 1,
					 2007.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-13-2; IC 9-22; IC 9-32
Sec. 1.
The purpose of these regulations is to provide procedures
				  and directives to facilitate the administration by the secretary of state of
				  issuing licenses to automotive salvage recyclers for certain activities
				  involving, or related to, the acquisition, sale, rebuilding, recycling,
				  destruction, or disposal of salvage vehicles and major component parts of
				  vehicles. These rules and regulations are promulgated pursuant to the authority
				  granted to the secretary of state under IC 9-32-3-1.
Transferred from the Bureau of Motor Vehicles
					 (140 IAC 3-3-1) to the Secretary
					 of State (75 IAC 3-1-1) by
					 P.L.
					 106-2008,
					 SECTION
					 54, effective July 1,
					 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-2 - Definitions (Repealed)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 3-3-2 ) to the Secretary of State ( 75 IAC 3-1-2 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-2.1 - Definitions

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  4-5-1-1; IC
				  9-13-2; IC 9-22; IC 9-32
Sec. 2.1.
The following definitions apply throughout this
				  article:
(1) "Automotive salvage
				recycler" has the meaning set forth in IC
				9-13-2-10.
(2) "Center section" means a body section or
				clip of a motor vehicle that includes the cowl.
(3) "Front end assembly" means the front body
				section of a motor vehicle consisting of hood, fenders, radiator support, and
				bumper assembly, as a unit.
(4)
				"Major component parts" has the meaning set forth in IC
				9-13-2-95. Those major component
				parts that have been rebuilt, reconditioned, or restored by a production
				rebuilder acquiring such parts for refurbishing purposes shall not be subject
				to the provisions of this rule.
(5)
				"Model year" means the year designated by the manufacturer for production and
				product identification purposes that is used for titling, registration, and
				record keeping purposes.
(6) "Rear
				section" means a body section or clip of a motor vehicle, without the cowl,
				consisting of quarter sections, deck lid, and bumper assembly, as a
				unit.
(7) "Salvage vehicle" has the
				meaning set forth in IC
				9-13-2-160.
(8) "Scrap metal processor" has the meaning
				set forth in IC
				9-13-2-162.
(9) "Secretary" refers to the secretary of
				state holding office as set forth in IC
				4-5-1-1.
(10) "Source vehicle" means a specific
				vehicle from which a major component part is removed.
(11) "Stock number" means the number assigned
				by the automotive salvage recycler for the purpose of identifying a salvage
				vehicle or major component part at the respective business.
(12) "V.I.N." means the vehicle
				identification number as placed on the vehicle by the manufacturer or supplied
				by the bureau of motor vehicles.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-3 - Major component parts subject to record keeping

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-22; IC 9-32
Sec. 3.
Major component parts subject to record keeping requirements
				  under IC 9-32-9-15 include the following:
(1) Axle assembly.
(2) Body (includes box or bed, as
				appropriate).
(3) Cab.
(4) Center section.
(5) Deck lid.
(6) Differential assembly.
(7) Doors (includes side and rear doors,
				hatches, and gates).
(8)
				Engine.
(9) Fenders.
(10) Frame.
(11) Front end assembly.
(12) Hood.
(13) Rear section.
(14) Trans-axle.
(15) Transfer case.
(16) Transmission.
Major component parts as they apply to a motorcycle shall
				  include only the engine and frame.
Transferred from the Bureau of Motor Vehicles
					 (140 IAC 3-3-3) to the Secretary
					 of State (75 IAC 3-1-3) by
					 P.L.
					 106-2008,
					 SECTION
					 54, effective July 1,
					 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-4 - Record keeping; parts marking (Repealed)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 3-3-4 ) to the Secretary of State ( 75 IAC 3-1-4 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-5 - Sale of salvage vehicles or major component parts

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-22; IC 9-32
Sec. 5.
(a) A bill of
				sale, where present, and an invoice for a salvage vehicle must contain the
				V.I.N. of the vehicle the person is purchasing.
(b) A purchaser may request that a bill of
				sale, where present, and invoice for a major component part must contain the
				V.I.N. and assigned stock number of the major component part the person is
				purchasing.
(c) An automotive
				salvage recycler shall comply with a request made under subsection
				(b).
Transferred from the Bureau of Motor Vehicles
					 (140 IAC 3-3-5) to the Secretary
					 of State (75 IAC 3-1-5) by
					 P.L.
					 106-2008,
					 SECTION
					 54, effective July 1,
					 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-6 - Record keeping requirements for salvaging businesses

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-22; IC 9-32
Sec. 6.
(a) The
				secretary shall prescribe the format and the forms that must be used by an
				automotive salvage recycler to carry on the activities as outlined in IC
				9-32-9-15, IC 9-32-9-16, IC 9-32-9-29, and IC 9-32-9. As detailed in subsection
				(b), each automotive salvage recycler shall record the purchase and sale of
				salvage vehicles and major component parts that are in either their current
				model year or in the immediately preceding six (6) model years when purchased
				by an automotive salvage recycler.
(b) In addition to the record keeping
				requirements in IC 9-22, records must be maintained by the automotive salvage
				recycler as follows:
(1) The following
				information shall be recorded on a form prescribed by the secretary for all
				salvage vehicles purchased or sold:
(A) The
				stock number and serial number.
(B)
				The title number or other ownership document and the issuing
				authority.
(C) The name and address
				of the person to whom the salvage vehicle was sold or otherwise disposed
				of.
(D) The invoice number, if
				applicable, evidencing the purchase or acquisition of the salvage
				vehicle.
(E) The invoice number, if
				applicable, evidencing the sale or disposal of the salvage vehicle.
(F) Such other information as the secretary
				may require.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-7 - Alternative to prescribed forms

Current through July 10, 2024
Authority: IC 9-22-1; IC 9-32-3-1
Affected: IC 9-22
Sec. 7.
Any automotive salvage recycler subject to record keeping
				  requirements prescribed by the secretary of state may, in lieu of utilizing the
				  prescribed forms required by the secretary of state for such record keeping
				  purposes, use alternative record keeping methods as approved by the
				  secretary.
Transferred from the Bureau of Motor Vehicles
					 (140 IAC 3-3-7) to the Secretary
					 of State (75 IAC 3-1-7) by
					 P.L.
					 106-2008,
					 SECTION
					 54, effective July 1,
					 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-8 - Model years for record keeping purposes

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-22
Sec. 8.
All disposal facilities or automotive salvage recyclers
				  shall keep and maintain records on the current model year and immediate six (6)
				  preceding model years for all salvage vehicles as indicated in section 6 of
				  this rule. Any salvage vehicle or major component part that is subject to
				  record keeping procedures by law and per these rules and regulations that has
				  been acquired and entered into the automotive salvage recycler's records shall
				  be subject to record keeping for disposal purposes even though the sale of such
				  vehicle or part is beyond the seven-year provisions of these rules and
				  regulations.
Transferred from the Bureau of Motor Vehicles
					 (140 IAC 3-3-8) to the Secretary
					 of State (75 IAC 3-1-8) by
					 P.L.
					 106-2008,
					 SECTION
					 54, effective July 1,
					 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-9 - Verification of seller's identity

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-22; IC 9-32
Sec. 9.
(a) All
				automotive salvage recyclers must take reasonable steps to verify the identity
				of the person from whom a salvage vehicle or major component part is
				purchased.
(b) Reasonable steps
				include, but are not limited to, asking the individual selling the salvage
				vehicle or major component part to present at the time of sale a valid and
				unexpired government issued identification document bearing an image of the
				seller or seller's agent.
Transferred from the Bureau of Motor Vehicles
					 (140 IAC 3-3-9) to the Secretary
					 of State (75 IAC 3-1-9) by
					 P.L.
					 106-2008,
					 SECTION
					 54, effective July 1,
					 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-10 - Return of titles to bureau of motor vehicles

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-22; IC 9-32
Sec. 10.
In accordance with the provisions of IC 9-22-3 and IC 9-22-5
				  an automotive salvage recycler that shreds, crushes, bales, or otherwise alters
				  a salvage vehicle frame and body so that they cannot be used on or as a motor
				  vehicle, shall be responsible for returning to the bureau the certificate of
				  title or certificate of authority for the salvage vehicle, except as permitted
				  by IC 9-32-9-29. Automotive salvage recyclers that acquire motor vehicles in a
				  crushed, baled, or shredded condition are not required to obtain a certificate
				  of title for such vehicles.
Transferred from the Bureau of Motor Vehicles
					 (140 IAC 3-3-10) to the Secretary
					 of State (75 IAC 3-1-10) by
					 P.L.
					 106-2008,
					 SECTION
					 54, effective July 1,
					 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-10.1 - Automotive salvage recycler initial license application

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-13-2; IC 9-32
Sec. 10.1.
(a) In
				addition to the requirements in IC 9-32, a person applying to be licensed as an
				automotive salvage recycler must submit with the application:
(1) a copy of a valid photographic
				identification card issued by a government agency to each individual listed on
				the application as an owner, partner, or officer, including the person signing
				the application if different; and
(2) photographs of the dealer's established
				place of business including, at a minimum, the dealer's office, the advertising
				sign required by this rule, and the interior and exterior of the dealer's
				established place of business.
Printed photographs must not be less than three (3) inches by
				  five (5) inches in size. The photographs must be updated if the automotive
				  salvage recycler moves locations or if its physical facilities are
				  substantially altered or modified. Digital photographs must be unaltered and
				  verifiable.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-10.2 - Established place of business

Current through July 10, 2024
Authority: IC
				  9-13-2-42; IC
				  9-32-3-1
Affected: IC 9-13; IC 9-32
Sec. 10.2.
(a) This
				section applies to all automotive salvage recyclers making initial application
				for a license.
(b) Beginning
				January 1, 2019, the secretary may not renew an automotive salvage recycler
				license if the automotive salvage recycler is not in compliance with this
				section.
(c) In addition to the
				requirements in IC 9-32 and IC 9-13, the established place of business at which
				an automotive salvage recycler is licensed or applying to be licensed must meet
				the following requirements:
(1) Is located in
				Indiana and has an Indiana address that is not:
(A) an Indiana post office box address;
				or
(B) a location that functions
				like a mailbox box facility.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-10.3 - Automotive salvage recycler license renewal

Current through July 10, 2024
Authority: IC
				  9-32-3-1; IC
				  9-32-11-8
Affected: IC
				  9-32-9; IC
				  9-32-11
Sec. 10.3.
(a)
				Application for renewal of an automotive salvage recycler license must be on a
				form prescribed by the secretary and be accompanied by the following:
(1) The applicable fee.
(2) Proof of current bond as required by IC
				9-32-11-2(e).
(3) Proof of current liability insurance or
				current membership in a risk retention group as required by IC
				9-32-11-14.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-11 - Compliance with licensing requirement (Repealed)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 3-3-11 ) to the Secretary of State ( 75 IAC 3-1-11 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-12 - Salvage motor vehicle license revocation and suspension (Repealed)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 3-3-12 ) to the Secretary of State ( 75 IAC 3-1-12 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-13 - Return of suspended or revoked licenses (Repealed)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 3-3-13 ) to the Secretary of State ( 75 IAC 3-1-13 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-14 - Cease and desist order

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-22; IC 9-32
Sec. 14.
All persons engaged in the activities as identified in IC
				  9-32-9-1 must be properly licensed to carry out such activities and functions.
				  Failure to obtain a license under IC 9-32-9 or engaging in activities that
				  require a license while a license issued under IC 9-32-9 is suspended or
				  revoked by the secretary shall be cause for an order to cease and desist all
				  such activities to be issued by the secretary. The secretary shall notify the
				  superintendent of the Indiana state police of all such orders issued to cease
				  and desist.
Transferred from the Bureau of Motor Vehicles
					 (140 IAC 3-3-14) to the Secretary
					 of State (75 IAC 3-1-14) by
					 P.L.
					 106-2008,
					 SECTION
					 54, effective July 1,
					 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-15 - License reinstatement (Repealed)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 3-3-15 ) to the Secretary of State ( 75 IAC 3-1-15 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 3 - SALVAGE MOTOR VEHICLE REGULATIONS › Rule 1 - Salvage Vehicle Regulations › Section 1-16 - General applicability

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-13-2; IC 9-22; IC 9-32
Sec. 16.
Any person carrying on the functions of an automotive
				  salvage recycler is classified as an automotive salvage recycler and is subject
				  to the licensing provisions and record keeping requirements of IC 9-22, IC
				  9-32, and these rules and regulations.
Transferred from the Bureau of Motor Vehicles
					 (140 IAC 3-3-16) to the Secretary
					 of State (75 IAC 3-1-16) by
					 P.L.
					 106-2008,
					 SECTION
					 54, effective July 1,
					 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 4 - DEALER PLATES (REPEALED) › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 9-14-2-2
Affected: IC 9-13-2; IC 9-23
Sec. 1.
The definitions in this rule apply throughout this
				  article.
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 3.5-1-1 ) to the Secretary of State ( 75 IAC 4-1-1 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 4 - DEALER PLATES (REPEALED) › Rule 1 - Definitions › Section 1-2 - "Automobile auctioneer" defined

Current through July 10, 2024
Authority: IC 9-14-2-2
Affected: IC 9-23; IC 9-32-2-4
Sec. 2.
"Automobile auctioneer" has the meaning set forth in IC
				  9-32-2-4.
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 3.5-1-2 ) to the Secretary of State ( 75 IAC 4-1-2 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.