Bill Text: IN HB1078 | 2010 | Regular Session | Amended
Bill Title: Vehicle matters.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2010-02-11 - Senator Lewis added as cosponsor [HB1078 Detail]
Download: Indiana-2010-HB1078-Amended.html
Reprinted
January 20, 2010
HOUSE BILL No. 1078
_____
DIGEST OF HB 1078
(Updated January 19, 2010 2:18 pm - DI 103)
Citations Affected: IC 9-21; IC 9-24; IC 14-16.
Synopsis: Vehicle matters. Revises provisions governing the use of
golf carts on certain county roads. Provides that an ordinance
authorizing the use of golf carts on county roads must require that: (1)
an individual who operates a golf cart on a county road hold a driver's
license; and (2) a fine assessed for a violation of the ordinance be
deposited in the general fund of the county. Specifies that the violation
of an ordinance governing the use of a golf cart on a state highway in
the county is considered an ordinance violation (instead of a Class C
infraction). Requires a collector snowmobile to be registered with the
department of natural resources in order to be operated on public
property.
Effective: July 1, 2010.
Dembowski
, Lehman
, Duncan
January 5, 2010, read first time and referred to Committee on Roads and Transportation.
January 12, 2010, reported _ Do Pass.
January 19, 2010, read second time, amended, ordered engrossed.
Reprinted
January 20, 2010
Second Regular Session 116th General Assembly (2010)
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
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
HOUSE BILL No. 1078
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 9-21-1-3.3; (10)HB1078.2.1. -->
SECTION 1. IC 9-21-1-3.3, AS AMENDED BY P.L.182-2009(ss),
SECTION 292, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 3.3. (a) A county, city, or a town
may adopt by ordinance traffic regulations concerning the use of golf
carts on a highway under the jurisdiction of the county, city, or the
town. An ordinance adopted under this subsection may not:
(1) conflict with or duplicate another state law; or
(2) conflict with a driver's licensing requirement of another provision of the Indiana Code.
(b) A fine assessed for a violation of a traffic ordinance adopted by a county, city, ora town under this section shall be deposited into the
general fund of the county, city, or town.
(c) A person who violates subsection (a) commits a Class C
infraction.
(c) Notwithstanding subsection (a), an ordinance adopted by a county under the authority of this section must require that a golf cart may not be operated on a highway with a speed limit of
(1) conflict with or duplicate another state law; or
(2) conflict with a driver's licensing requirement of another provision of the Indiana Code.
(b) A fine assessed for a violation of a traffic ordinance adopted by a county, city, or
(c) Notwithstanding subsection (a), an ordinance adopted by a county under the authority of this section must require that a golf cart may not be operated on a highway with a speed limit of
greater than thirty-five (35) miles per hour.
SOURCE: IC 9-21-9-0.5; (10)HB1078.2.2. -->
SECTION 2. IC 9-21-9-0.5, AS AMENDED BY P.L.150-2009,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 0.5. (a) This chapter does not apply to the
following:
(1) An electric personal assistive mobility device.
(2) A low speed vehicle.
(3) Except as provided in subsection (b), a golf cart.
(b) An ordinance adopted in accordance with IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a) may require a golf cart to display a slow moving vehicle emblem in accordance with section 3 of this chapter or a red or amber flashing lamp in accordance with section 4 of this chapter. A fine assessed for a violation of an ordinance under this section shall be deposited in the general fund of the city, county, or town.
(1) An electric personal assistive mobility device.
(2) A low speed vehicle.
(3) Except as provided in subsection (b), a golf cart.
(b) An ordinance adopted in accordance with IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a) may require a golf cart to display a slow moving vehicle emblem in accordance with section 3 of this chapter or a red or amber flashing lamp in accordance with section 4 of this chapter. A fine assessed for a violation of an ordinance under this section shall be deposited in the general fund of the city, county, or town.
SOURCE: IC 9-24-1-7; (10)HB1078.2.3. -->
SECTION 3. IC 9-24-1-7, AS AMENDED BY P.L.150-2009,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 7. (a) Sections 1 through 5 of this chapter do not
apply to the following individuals:
(1) An individual in the service of the armed forces of the United States while operating an official motor vehicle in that service.
(2) An individual while operating:
(A) a road roller;
(B) road construction or maintenance machinery, except where the road roller or machinery is required to be registered under Indiana law;
(C) a ditch digging apparatus;
(D) a well drilling apparatus;
(E) a concrete mixer; or
(F) a farm tractor, a farm wagon (as defined in IC 9-13-2-60(a)(2)), or an implement of agriculture designed to be operated primarily in a farm field or on farm premises;
that is being temporarily drawn, moved, or propelled on a public highway. However, to operate a farm wagon (as defined in IC 9-13-2-60(a)(2)) on a highway, an individual must be at least fifteen (15) years of age.
(3) A nonresident who:
(A) is at least sixteen (16) years and one (1) month of age; and
(B) has in the nonresident's immediate possession a valid operator's license that was issued to the nonresident in the nonresident's home state or country;
while operating a motor vehicle in Indiana only as an operator.
(4) A nonresident who:
(A) is at least eighteen (18) years of age; and
(B) has in the nonresident's immediate possession a valid chauffeur's license that was issued to the nonresident in the nonresident's home state or country;
while operating a motor vehicle upon a public highway, either as an operator or a chauffeur.
(5) A nonresident who:
(A) is at least eighteen (18) years of age; and
(B) has in the nonresident's immediate possession a valid license issued by the nonresident's home state for the operation of any motor vehicle upon a public highway when in use as a public passenger carrying vehicle;
while operating a motor vehicle upon a public highway.
(6) A nonresident whose home state or country does not require the licensing of operators or chauffeurs and who has not been licensed as an operator or a chauffeur in the nonresident's home state or country as an operator if the nonresident is at least sixteen (16) years and thirty (30) days of age and less than eighteen (18) years of age or as a chauffeur if the nonresident is at least eighteen (18) years of age, for not more than sixty (60) days in any one (1) year if the following conditions exist:
(A) The unlicensed nonresident is the owner of the motor vehicle or the authorized driver of the vehicle.
(B) The vehicle has been registered for the current year in the state or country of which the owner is a resident.
(C) The motor vehicle at all times displays a registration plate issued in the home state or country of the owner.
(D) The nonresident owner or driver has in the owner's or driver's immediate possession a registration card evidencing ownership and registration in the owner's or driver's home state or country or is able at any required time or place to do the following:
(i) Prove lawful possession or the right to operate the motor vehicle.
(ii) Establish the nonresident's proper identity.
(7) An individual who is legally licensed to operate a motor vehicle in the state of the individual's residence and who is employed in Indiana, subject to the restrictions imposed by the state of the individual's residence.
(8) A new resident of Indiana who possesses an unexpired driver's license issued by the resident's former state of residence, for a period of sixty (60) days after becoming a resident of Indiana.
(9) An individual who is an engineer, a conductor, a brakeman, or another member of the crew of a locomotive or a train that is being operated upon rails, including the operation of the locomotive or the train on a crossing over a street or a highway. An individual described in this subdivision is not required to display a license to a law enforcement officer in connection with the operation of a locomotive or a train in Indiana.
(b) An ordinance adopted under IC 9-21-1-3((a)(14) or IC 9-21-1-3.3(a) must require that an individual who operates a golf cart in the city, county, or town hold a driver's license.
(1) An individual in the service of the armed forces of the United States while operating an official motor vehicle in that service.
(2) An individual while operating:
(A) a road roller;
(B) road construction or maintenance machinery, except where the road roller or machinery is required to be registered under Indiana law;
(C) a ditch digging apparatus;
(D) a well drilling apparatus;
(E) a concrete mixer; or
(F) a farm tractor, a farm wagon (as defined in IC 9-13-2-60(a)(2)), or an implement of agriculture designed to be operated primarily in a farm field or on farm premises;
that is being temporarily drawn, moved, or propelled on a public highway. However, to operate a farm wagon (as defined in IC 9-13-2-60(a)(2)) on a highway, an individual must be at least fifteen (15) years of age.
(3) A nonresident who:
(A) is at least sixteen (16) years and one (1) month of age; and
(B) has in the nonresident's immediate possession a valid operator's license that was issued to the nonresident in the nonresident's home state or country;
while operating a motor vehicle in Indiana only as an operator.
(4) A nonresident who:
(A) is at least eighteen (18) years of age; and
(B) has in the nonresident's immediate possession a valid chauffeur's license that was issued to the nonresident in the nonresident's home state or country;
while operating a motor vehicle upon a public highway, either as an operator or a chauffeur.
(5) A nonresident who:
(A) is at least eighteen (18) years of age; and
(B) has in the nonresident's immediate possession a valid license issued by the nonresident's home state for the operation of any motor vehicle upon a public highway when in use as a public passenger carrying vehicle;
while operating a motor vehicle upon a public highway.
(6) A nonresident whose home state or country does not require the licensing of operators or chauffeurs and who has not been licensed as an operator or a chauffeur in the nonresident's home state or country as an operator if the nonresident is at least sixteen (16) years and thirty (30) days of age and less than eighteen (18) years of age or as a chauffeur if the nonresident is at least eighteen (18) years of age, for not more than sixty (60) days in any one (1) year if the following conditions exist:
(A) The unlicensed nonresident is the owner of the motor vehicle or the authorized driver of the vehicle.
(B) The vehicle has been registered for the current year in the state or country of which the owner is a resident.
(C) The motor vehicle at all times displays a registration plate issued in the home state or country of the owner.
(D) The nonresident owner or driver has in the owner's or driver's immediate possession a registration card evidencing ownership and registration in the owner's or driver's home state or country or is able at any required time or place to do the following:
(i) Prove lawful possession or the right to operate the motor vehicle.
(ii) Establish the nonresident's proper identity.
(7) An individual who is legally licensed to operate a motor vehicle in the state of the individual's residence and who is employed in Indiana, subject to the restrictions imposed by the state of the individual's residence.
(8) A new resident of Indiana who possesses an unexpired driver's license issued by the resident's former state of residence, for a period of sixty (60) days after becoming a resident of Indiana.
(9) An individual who is an engineer, a conductor, a brakeman, or another member of the crew of a locomotive or a train that is being operated upon rails, including the operation of the locomotive or the train on a crossing over a street or a highway. An individual described in this subdivision is not required to display a license to a law enforcement officer in connection with the operation of a locomotive or a train in Indiana.
(b) An ordinance adopted under IC 9-21-1-3((a)(14) or IC 9-21-1-3.3(a) must require that an individual who operates a golf cart in the city, county, or town hold a driver's license.
SOURCE: IC 14-16-1-1.8; (10)HB1078.2.4. -->
SECTION 4. IC 14-16-1-1.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 1.8. As used in this chapter, "collector snowmobile"
means a snowmobile that is:
(1) at least twenty-five (25) years old; and
(2) owned and operated as a collector snowmobile for participation in special events of limited duration, including races, parades, and other group events.
(1) at least twenty-five (25) years old; and
(2) owned and operated as a collector snowmobile for participation in special events of limited duration, including races, parades, and other group events.
SOURCE: IC 14-16-1-8; (10)HB1078.2.5. -->
SECTION 5. IC 14-16-1-8, AS AMENDED BY P.L.225-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 8. (a) Except as otherwise provided, the following
may not be operated on public property unless registered:
(1) An off-road vehicle.
(2) A snowmobile (including a collector snowmobile).
(b) Except as provided under subsection (c),a vehicle that is
purchased after December 31, 2003, the following must be registered
under this chapter:
(1) A vehicle that is purchased after December 31, 2003.
(2) A collector snowmobile.
(c) Registration is not required for the following vehicles:
(1)A An off-road vehicle that is exclusively operated in a special
event of limited duration that is conducted according to a
prearranged schedule under a permit from the governmental unit
having jurisdiction.
(2) A vehicle being operated by a nonresident of Indiana as authorized under section 19 of this chapter.
(3) A vehicle being operated for purposes of testing or demonstration with temporary placement of numbers as set forth in section 16 of this chapter.
(4) A vehicle the operator of which has in the operator's possession a bill of sale from a dealer or private individual that includes the following:
(A) The purchaser's name and address.
(B) A date of purchase that is not more than thirty-one (31) days preceding the date that the operator is required to show the bill of sale.
(C) The make, model, and vehicle number of the vehicle provided by the manufacturer as required by section 13 of this chapter.
(1) An off-road vehicle.
(2) A snowmobile (including a collector snowmobile).
(b) Except as provided under subsection (c),
(1) A vehicle that is purchased after December 31, 2003.
(2) A collector snowmobile.
(c) Registration is not required for the following vehicles:
(1)
(2) A vehicle being operated by a nonresident of Indiana as authorized under section 19 of this chapter.
(3) A vehicle being operated for purposes of testing or demonstration with temporary placement of numbers as set forth in section 16 of this chapter.
(4) A vehicle the operator of which has in the operator's possession a bill of sale from a dealer or private individual that includes the following:
(A) The purchaser's name and address.
(B) A date of purchase that is not more than thirty-one (31) days preceding the date that the operator is required to show the bill of sale.
(C) The make, model, and vehicle number of the vehicle provided by the manufacturer as required by section 13 of this chapter.
