Bureau of motor vehicles rules, agreements with association of retailers, release of information; owner payment of fees

Sec. 8. (a) The bureau of motor vehicles shall adopt rules under IC 4-22-2 to implement a system by which an association of retailers may obtain the name and mailing address of the owner of a vehicle involved in an incident in which motor fuel is pumped into the vehicle and proper payment is not made. The bureau of motor vehicles may integrate any system established under this section with its existing programs for the release of information under IC 9-14-12 and IC 9-14-13.

(b) The bureau of motor vehicles may enter into an agreement with an association of retailers to establish:

(1) a fee different from the fees provided for in IC 9-14-12-7; or

(2) other negotiated terms for the release of vehicle owner records;

for purposes of the system established under this section.

(c) Any release of information by the bureau of motor vehicles under this section must be:

(1) consistent with the authority of the bureau of motor vehicles under IC 9-14-13; and

(2) in compliance with 18 U.S.C. 2721 et seq.

(d) The name and mailing address of the owner of a vehicle released by the bureau of motor vehicles under subsection (a) may be used by an association of retailers only for purposes of collection efforts under this chapter.

(e) If the owner of a vehicle makes complete payment:

(1) as set forth in section 4(a) of this chapter for the:

(A) price of motor fuel that has been pumped into the vehicle;

(B) service charge of fifty dollars ($50); and

(C) cost of certified mail; or

(2) for an amount equal to triple the pump price of the motor fuel received plus other damages under IC 34-24-3-1, as set forth in section 5(b)(4) of this chapter;

no criminal prosecution for a violation of IC 35-43-4 may be brought against the owner of the vehicle for the failure to make proper payment to a retailer under this chapter.

As added by P.L.97-2011, SEC.2. Amended by P.L.198-2016, SEC.655.