Bill Text: IN HB1197 | 2012 | Regular Session | Engrossed
Bill Title: Mopeds.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-07 - Senate advisors appointed: Wyss, Hume and Grooms [HB1197 Detail]
Download: Indiana-2012-HB1197-Engrossed.html
Citations Affected: IC 2-5; IC 6-3.5; IC 6-6; IC 7.1-1; IC 9-13;
IC 9-17; IC 9-18; IC 9-19; IC 9-21; IC 9-24; IC 9-26; IC 9-29; IC 9-30;
IC 13-11; IC 14-19; IC 20-30.
Synopsis: Mopeds. Changes the term motorized bicycle to moped.
Defines moped. Authorizes the bureau of motor vehicles (bureau) to
adopt rules concerning certificates of title for mopeds. Provides that a
moped operated on a highway must be registered with the bureau, with
a registration fee equal to that of a motorcycle. Requires that certain
funds received from the registration of a moped be deposited in the
motorcycle operator safety education fund. Requires the operator of a
moped on a highway to have an identification card, permit, or driver's
license in the operator's immediate possession when operating the
moped. Requires a dealer who sells at least 12 mopeds a year to
register as a dealer with the secretary of state. Requires the operator of
a moped to have proof of financial responsibility in effect on the
moped. Requires certain individuals to file accident reports after an
accident involving a moped. Repeals the term "motor scooter". Makes
conforming changes. Makes technical corrections. Deletes outdated
language.
Effective: January 1, 2013.
(SENATE SPONSORS _ BECKER, ARNOLD, WYSS)
January 9, 2012, read first time and referred to Committee on Roads and Transportation.
January 26, 2012, amended, reported _ Do Pass.
January 30, 2012, read second time, ordered engrossed. Engrossed.
January 31, 2012, read third time, passed. Yeas 77, nays 20.
February 1, 2012, read first time and referred to Committee on Homeland Security, Transportation and Veterans Affairs.
February 21, 2012, amended, reported favorably _ Do Pass.
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
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles and to make an appropriation.
(b) As used in this chapter, "mobile home" means a nonself-propelled vehicle designed for occupancy as a dwelling or sleeping place.
(c) As used in this chapter, "bureau" means the bureau of motor vehicles.
(d) As used in this chapter, "license branch" means a branch office of the bureau authorized to register motor vehicles pursuant to the laws of the state.
(e) As used in this chapter, "owner" means the person in whose name the vehicle or trailer is registered (as defined in IC 9-13-2).
(f) As used in this chapter, "motor home" means a self-propelled vehicle having been designed and built as an integral part thereof having living and sleeping quarters, including that which is commonly referred to as a recreational vehicle.
(g) As used in this chapter, "last preceding annual excise tax liability" means either:
(1) the amount of excise tax liability to which the vehicle was subject on the owner's last preceding regular annual registration
date; or
(2) the amount of excise tax liability to which a vehicle that was
registered after the owner's last preceding annual registration date
would have been subject if it had been registered on that date.
(h) As used in this chapter, "trailer" means a device having a gross
vehicle weight equal to or less than three thousand (3,000) pounds that
is pulled behind a vehicle and that is subject to annual registration as
a condition of its operation on the public highways pursuant to the
motor vehicle registration laws of the state. The term includes any
utility, boat, or other two (2) wheeled trailer.
(i) This chapter does not apply to the following:
(1) Vehicles owned, or leased and operated, by the United States,
the state, or political subdivisions of the state.
(2) Mobile homes and motor homes.
(3) Vehicles assessed under IC 6-1.1-8.
(4) Vehicles subject to registration as trucks under the motor
vehicle registration laws of the state, except trucks having a
declared gross weight not exceeding eleven thousand (11,000)
pounds, trailers, semitrailers, tractors, and buses.
(5) Vehicles owned, or leased and operated, by a postsecondary
educational institution described in IC 6-3-3-5(d).
(6) Vehicles owned, or leased and operated, by a volunteer fire
department (as defined in IC 36-8-12-2).
(7) Vehicles owned, or leased and operated, by a volunteer
emergency ambulance service that:
(A) meets the requirements of IC 16-31; and
(B) has only members that serve for no compensation or a
nominal annual compensation of not more than three thousand
five hundred dollars ($3,500).
(8) Vehicles that are exempt from the payment of registration fees
under IC 9-18-3-1.
(9) Farm wagons.
(b) "Antique motor vehicle", for purposes of IC 9-19-11-1(6), means a passenger motor vehicle or truck that was manufactured without a safety belt as a part of the standard equipment installed by the manufacturer at each designated seating position, before the requirement of the installation of safety belts in the motor vehicle according to the standards stated in the Federal Motor Vehicle Safety Standard Number 208 (49 CFR 571.208).
(b) The term does not include the following:
(1) A receiver, trustee, or other person appointed by or acting under the judgment or order of a court.
(2) A public officer while performing official duties.
(3) A person who is a dealer solely because of activities as a transfer dealer.
(4) An automotive mobility dealer.
(c) "Dealer", for purposes of IC 9-31, means a person that sells to the general public for delivery in Indiana at least six (6):
(1) boats; or
(2) trailers:
(A) designed and used exclusively for the transportation of watercraft; and
(B) sold in general association with the sale of watercraft;
per year.
(1) was originally manufactured for military use;
(2) is motorized or nonmotorized, including a motorcycle
scooter, and a trailer;
(3) is at least twenty-five (25) years old; and
(4) is privately owned.
(b) "Motor vehicle", for purposes of IC 9-21, means:
(1) a vehicle
(2) a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(c) "Motor vehicle", for purposes of IC 9-19-10.5 and IC 9-25, means a vehicle that is self-propelled upon a highway in Indiana. The term does not include a farm tractor.
(d) "Motor vehicle", for purposes of IC 9-30-10, does not include a
and a cylinder capacity not exceeding fifty (50) cubic centimeters. (2)
An automatic transmission. (3) A maximum design speed of not more
than twenty-five (25) miles per hour on a flat surface. with motive
power that:
(1) has a seat or saddle for the use of the rider;
(2) is designed to travel on not more than three (3) wheels in
contact with the ground; and
(3) is not capable of being operated at a speed greater than
thirty (30) miles per hour on a flat surface.
The term does not include an electric personal assistive mobility
device.
(b) "Vehicle", for purposes of IC 9-14 through IC 9-18, does not include the following:
(1) A device moved by human power.
(2) A vehicle that runs only on rails or tracks.
(3) A vehicle propelled by electric power obtained from overhead trolley wires but not operated upon rails or tracks.
(4) A firetruck and apparatus owned by a person or municipal division of the state and used for fire protection.
(5) A municipally owned ambulance.
(6) A police patrol wagon.
(7) A vehicle not designed for or employed in general highway transportation of persons or property and occasionally operated or moved over the highway, including the following:
(A) Road construction or maintenance machinery.
(B) A movable device designed, used, or maintained to alert motorists of hazardous conditions on highways.
(C) Construction dust control machinery.
(D) Well boring apparatus.
(E) Ditch digging apparatus.
(F) An implement of agriculture designed to be operated
primarily in a farm field or on farm premises.
(G) An invalid chair.
(H) A yard tractor.
(8) An electric personal assistive mobility device.
(c) For purposes of IC 9-20 and IC 9-21, the term does not include
devices moved by human power or used exclusively upon stationary
rails or tracks.
(d) For purposes of IC 9-22, the term refers to an automobile, a
motorcycle, a truck, a trailer, a semitrailer, a tractor, a bus, a school
bus, a recreational vehicle, a trailer or semitrailer used in the
transportation of watercraft, or a motorized bicycle. moped.
(e) For purposes of IC 9-24-6, the term has the meaning set forth in
49 CFR 383.5 as in effect July 1, 2010.
(f) For purposes of IC 9-30-5, IC 9-30-6, IC 9-30-8, and IC 9-30-9,
the term means a device for transportation by land or air. The term does
not include an electric personal assistive mobility device.
(b) The bureau may adopt rules under IC 4-22-2 to determine the indication of ownership for a moped for purposes of obtaining a certificate of title for the moped under this article.
(1) a motor vehicle;
(2) a motorcycle;
(3) a truck;
(4) a trailer;
(5) a semitrailer;
(6) a tractor;
(7) a bus;
(8) a school bus;
(9) a recreational vehicle;
(10) special machinery; or
(11) a moped, beginning January 1, 2013;
is operated or driven on a highway, the person who owns the vehicle must register the vehicle with the bureau and pay the applicable registration fee. The bureau may adopt rules under IC 4-22-2 to determine the requirements for registering a moped with the bureau.
(b) If the antique motor vehicle is not found to be in a mechanical condition that guarantees the vehicle's safe operation upon the highways, the mechanical condition shall be reported to the bureau. The bureau shall do the following:
(1) Immediately cancel the registration of the antique motor vehicle.
(2) Notify the person who registered the antique motor vehicle of the cancellation.
and a motor-driven cycle, moped, when operated upon a highway,
must be equipped with at least one (1) brake, which may be operated
by hand or foot.
(b) The following are not required to be equipped with service brakes:
(1) A motorcycle or
(2) A semitrailer of less than three thousand (3,000) pounds gross weight.
(c) A truck or truck-tractor having at least three (3) axles is not required to have service brakes on the front wheels. If a truck or truck-tractor is equipped with at least two (2) steerable axles, the wheels of one (1) steerable axle are not required to have service brakes although the truck or truck-tractor must be capable of complying with the performance requirements of sections 7 through 8 of this chapter.
(b) Except as provided in subsection (c), a motorcycle and
(c) A motorcycle manufactured before January 1, 1956, is not required to be equipped with a head lamp if the motorcycle is not operated at the times when lighted head lamps and other illuminating devices are required under IC 9-21-7-2.
(d) A head lamp upon a motor vehicle, including a motorcycle and
reflectors.
(b) Except as provided in subsection (c), a motorcycle and
motor-driven cycle moped must carry at least one (1) reflector meeting
the requirements of this section.
(c) A motorcycle manufactured before January 1, 1956, is not
required to carry a reflector under this section if the motorcycle is not
operated at the times when lighted head lamps and other illuminating
devices are required under IC 9-21-7-2.
(d) A vehicle of the type listed in section 7 of this chapter must be
equipped with reflectors as required in those sections applicable to
those vehicles.
(e) A reflector must be mounted on a vehicle at a height not less
than twenty (20) inches and not more than sixty (60) inches as
measured in the manner set forth in section 2(b) of this chapter. Except
as otherwise provided, a reflector must be of the size and
characteristics and mounted so as to be visible at night from all
distances within three hundred fifty (350) feet to one hundred (100)
feet from the vehicle when directly in front of lawful upper beams of
head lamps.
(1) sell; or
(2) drive on the highways;
in Indiana a motor vehicle, including a motorcycle or
(b) A motorcycle manufactured before January 1, 1956, is not required to be equipped with a stoplight under subsection (a) if the motorcycle is not operated at the times when lighted head lamps and other illuminating devices are required under IC 9-21-7-2.
(c) This subsection does not apply to a motorcycle or
(1) sell;
(2) offer for sale; or
(3) operate on the highways;
a motor vehicle, trailer, or semitrailer registered in Indiana and manufactured or assembled after January 1, 1956, unless the vehicle is equipped with mechanical or electrical turn signals meeting the requirements of section 17 of this chapter.
otherwise provided in this chapter, the head lamps, the auxiliary
driving lamp, the auxiliary passing lamp, or a combination of these
lamps on motor vehicles, other than motorcycles or motor-driven
cycles, mopeds, must be arranged so that the driver may select between
distributions of light projected to different elevations. The lamps may,
in addition, be arranged so that the selection can be made
automatically, subject to the following limitations:
(1) There must be an uppermost distribution of light, or composite
beam, aimed and of an intensity to reveal persons and vehicles at
a distance of at least three hundred fifty (350) feet ahead for all
conditions of loading.
(2) There must be a lowermost distribution of light, or composite
beam, aimed and of an intensity to reveal persons and vehicles at
a distance of at least one hundred (100) feet ahead. On a straight
level road, under any condition of loading, none of the
high-intensity part of the beam may be directed to strike the eyes
of an approaching driver.
(3) A new motor vehicle, other than a motorcycle or motor-driven
cycle, moped, that is registered in Indiana after January 1, 1956,
and that has multiple-beam road lighting equipment must be
equipped with a beam indicator that must be lighted whenever the
uppermost distribution of light from the head lamps is in use. The
beam indicator must not otherwise be lighted. The beam indicator
must be designed and located so that when lighted the indicator
is readily visible without glare to the driver of the vehicle so
equipped.
(b) A head lamp on a
(1) one hundred (100) feet when the
(2) two hundred (200) feet when the
(3) three hundred (300) feet when the
(c) If a
(d) If a
(b) A motor vehicle must display at least two (2) lighted lamps, one (1) on each side at the front of the motor vehicle.
(c) Whenever a motor vehicle equipped with head lamps required under subsection (b) is also equipped with:
(1) auxiliary lamps;
(2) a spot lamp; or
(3) any other lamp on the front of the motor vehicle projecting a beam of intensity greater than three hundred (300) candlepower;
not more than a total of four (4) lamps described in this subsection on the front of a vehicle may be lighted at one (1) time when upon a highway.
(d) Passenger buses, trucks, truck tractors, and certain trailers, semitrailers, and pole trailers must display clearance and marker lamps, reflectors, and stop lights as required under this title when operated upon a highway. Except as provided in subsection (e), all lamp equipment required on vehicles described in this subsection shall be lighted at the times specified in section 2 of this chapter.
(e) Clearance and sidemarker lamps are not required to be lighted on a vehicle described in subsection (d) when the vehicle is operated within a municipality where there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet.
applies to a vehicle that is parked or stopped upon a roadway or
shoulder adjacent to a roadway between thirty (30) minutes after sunset
and thirty (30) minutes before sunrise.
(b) If there is sufficient light to reveal a person or object within a
distance of five hundred (500) feet upon the street or highway upon
which the vehicle is parked, no lights need be displayed upon the
parked vehicle.
(c) This subsection does not apply to a motor-driven cycle. moped.
This subsection applies whether a vehicle parked or stopped is attended
or unattended. If there is not sufficient light to reveal a person or object
within a distance of five hundred (500) feet upon the highway upon
which the vehicle is parked or stopped, the vehicle parked or stopped
shall be equipped with one (1) or more lamps that meet the following
requirements:
(1) At least one (1) lamp must display a white or amber light
visible from a distance of five hundred (500) feet to the front of
the vehicle.
(2) The lamp described in subdivision (1) or at least one (1) other
lamp must display a red light visible from a distance of five
hundred (500) feet to the rear of the vehicle.
(3) The lamp or lamps described in subdivisions (1) and (2) shall
be installed as near as practicable on the side of the vehicle that
is closest to passing traffic.
(d) Lighted head lamps upon a parked vehicle must be depressed or
dimmed.
(1) By a person less than fifteen (15) years of age.
(2) By a person who has not obtained an identification card under IC 9-24, a permit under IC 9-24, an operator's license under IC 9-24, a chauffeur's license under IC 9-24, or a public passenger chauffeur's license under IC 9-24.
(3) On an interstate highway or a sidewalk.
(4) At a speed greater than
(1) Wear protective headgear meeting the minimum standards set by the bureau or a helmet that meets the standards established by the United States Department of Transportation under 49 CFR 571.218 in effect January 1, 1979.
(2) Wear protective glasses, goggles, or a transparent face shield.
(b) An individual driving or operating a moped must have the individual's identification card, permit, or driver's license in the individual's immediate possession when driving or operating the moped. The individual shall display the identification card, permit, or license upon demand of a court or a police officer authorized by law to enforce motor vehicle rules.
(b)
of the person's individual's apprehension.
(1) Seven dollars ($7) to the motorcycle operator safety education fund established by IC 9-27-7-7.
(2) An amount prescribed as a license branch service charge under IC 9-29-3.
(3) Thirty cents ($0.30) to the spinal cord and brain injury fund under IC 16-41-42.2-3, as provided under section 0.5 of this chapter.
(4) The balance to the state general fund for credit to the motor vehicle highway account.
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation of a motor vehicle in accordance with the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159.113 Stat. 1748).
(b) If a court finds that a person:
(1) is a habitual violator under section 4(c) of this chapter;
(2) has not been previously placed on probation under this section by a court;
(3) operates a vehicle for commercial or business purposes, and the person's mileage for commercial or business purposes:
(A) is substantially in excess of the mileage of an average driver; and
(B) may have been a factor that contributed to the person's poor driving record; and
(4) does not have:
(A) a judgment for a violation enumerated in section 4(a) of this chapter; or
(B) at least three (3) judgments (singularly or in combination and not arising out of the same incident) of the violations enumerated in section 4(b) of this chapter;
the court may place the person on probation in accordance with subsection (d).
(c) If a court finds that a person:
(1) is a habitual violator under section 4(b) of this chapter;
(2) has not been previously placed on probation under this section by a court;
(3) does not have a judgment for any violation listed in section 4(a) of this chapter;
(4) has had the person's driving privileges suspended under this chapter for at least five (5) consecutive years; and
(5) has not violated the terms of the person's suspension by operating a vehicle;
the court may place the person on probation in accordance with subsection (d). However, if the person has any judgments for operation of a vehicle before July 1, 2001, while intoxicated or with an alcohol concentration equivalent to at least ten-hundredths (0.10) gram of alcohol per one hundred (100) milliliters of the blood or two hundred ten (210) liters of the breath, or for the operation of a vehicle after June 30, 2001, while intoxicated or with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per one hundred (100) milliliters of the blood or two hundred ten (210) liters of the breath, the court, before the court places a person on probation under subsection (d), must find that the person has successfully fulfilled the requirements of a rehabilitation program certified by one (1) or both of the following:
(A) The division of mental health and addiction.
(B) The Indiana judicial center.
(d) Whenever a court places a habitual violator on probation, the court:
(1) shall record each of the court's findings under this section in writing;
(2) shall obtain the person's driver's license or permit and send the license or permit to the bureau;
(3) shall direct the person to apply to the bureau for a restricted driver's license;
(4) shall order the bureau to issue the person an appropriate license;
(5) shall place the person on probation for a fixed period of not less than three (3) years and not more than ten (10) years;
(6) shall attach restrictions to the person's driving privileges, including restrictions limiting the person's driving to:
(A) commercial or business purposes or other employment related driving;
(B) specific purposes in exceptional circumstances;
(C) rehabilitation programs; and
(D) specified hours during which the person may drive;
(7) shall require the person to submit to reasonable monitoring requirements;
(8) shall order the person to file proof of financial responsibility for three (3) years following the date of being placed on probation; and
(9) shall impose other appropriate conditions of probation, which must include one (1) or more of the following conditions if the person was determined to be a habitual violator under IC 9-30-10-4(b)(1) through IC 9-30-10-4(b)(4), and at least one (1) of the offenses occurred within five (5) years prior to the granting of the probationary or restricted license:
(A) An order prohibiting the person from operating a motor vehicle or
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while under the influence of any other intoxicating substance.
(B) An order that the person submit to a method to monitor the person's compliance with the prohibition against operating a motor vehicle or
gram of alcohol per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86).
(C) The court shall determine the appropriate monitoring
method, which may include one (1) or more of the following:
(i) The person may operate only a motor vehicle equipped
with an ignition interlock device.
(ii) The person must submit to a chemical test if a law
enforcement officer lawfully stops the person while
operating a motor vehicle or motorized bicycle moped and
the law enforcement officer requests that the person submit
to a chemical test.
(iii) The person must wear a device that detects and records
the person's use of alcohol.
(iv) The person must submit to any other reasonable
monitoring requirement as determined by the court.
(e) If a court finds that a person:
(1) is a habitual violator under section 4(b) or 4(c) of this chapter;
(2) does not have any judgments for violations under section 4(a)
of this chapter;
(3) does not have any judgments or convictions for violations
under section 4(b) of this chapter, except for judgments or
convictions under section 4(b)(5) of this chapter that resulted
from driving on a suspended license that was suspended for:
(A) the commission of infractions only; or
(B) previously driving on a suspended license;
(4) has not been previously placed on probation under this section
by a court; and
(5) has had the person's driving privileges suspended under this
chapter for at least three (3) consecutive years and has not
violated the terms of the person's suspension by operating a
vehicle for at least three (3) consecutive years;
the court may place the person on probation under subsection (d).
(1) The time specified for the person's probation or the restriction or suspension of the person's license has elapsed.
(2) The person has met all the requirements of all applicable statutes and rules relating to the licensing of motor vehicle operators.
(3) The person files with the bureau and maintains for three (3) years after filing proof of financial responsibility in accordance with IC 9-25.
(4) The bureau places a restriction on the person's driver's license and driving record that indicates the person is prohibited from operating a motor vehicle or
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86) for three (3) years after the bureau issues the driver's license to the person.
(5) The person signs a bureau form by which the person agrees that as a condition to obtaining the driver's license the person will submit to a chemical test at any time during the period three (3) years after the bureau issues the driver's license to the person if a law enforcement officer lawfully stops the person while operating a motor vehicle or
(b) The bureau may issue a license to operate a motor vehicle to a habitual violator whose driving privileges have been suspended for life if the following conditions exist:
(1) The bureau has received an order for rescission of suspension and reinstatement issued under section 15 of this chapter.
(2) The person to whom the license is to be issued has never been convicted of a violation described in section 4(a) or 17 of this chapter.
(3) The person has not been convicted of an offense under section 16 of this chapter more than one (1) time.
(4) The person has met all the requirements of all applicable statutes and rules relating to the licensing of motor vehicle operators.
(5) The person:
(A) files with the bureau; and
(B) maintains for three (3) years after filing;
proof of financial responsibility in accordance with IC 9-25.
(6) The bureau places a restriction on the person's driver's license and driving record that indicates the person is prohibited from
operating a motor vehicle or motorized bicycle moped with an
alcohol concentration equivalent to at least two-hundredths (0.02)
gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86) for three (3)
years after the bureau issues the driver's license to the person.
(7) The person signs a bureau form by which the person agrees
that as a condition to obtaining the driver's license the person will
submit to a chemical test at any time during the period three (3)
years after the bureau issues the driver's license to the person if a
law enforcement officer lawfully stops the person while operating
a motor vehicle or motorized bicycle moped and the law
enforcement officer requests that the person submit to a chemical
test.
(c) A habitual violator is not eligible for relief under the hardship
provisions of IC 9-24-15.
(1) The petitioner.
(2) The prosecuting attorney of the county where the petitioner resides.
(3) The bureau.
(b) A court may order the rescission of the order that required the suspension of the petitioner's driving privileges for life and may order the bureau to reinstate the driving privileges of a petitioner whose driving privileges have been suspended for life if, after the hearing of the matter, the court makes the following written findings and conclusions, based on clear and convincing evidence:
(1) That the petitioner has never been convicted of a violation described in section 4(a) of this chapter.
(2) That the petitioner has never been convicted of an offense under section 17 of this chapter.
(3) That the petitioner has not been convicted of an offense under section 16 of this chapter more than one (1) time.
(4) If the person is petitioning the court under section 14(a) of this chapter that ten (10) years have elapsed since the date on which an order was issued that required the suspension of the petitioner's
driving privileges for life.
(5) That there has been a substantial change in the petitioner's
circumstances indicating the petitioner would no longer pose a
risk to the safety of others if the petitioner's driving privileges
were reinstated.
(6) That there has been a substantial change in the petitioner's
circumstances indicating that the suspension of the petitioner's
driving privileges for life has become unreasonable.
(7) That it is in the best interests of society for the petitioner's
driving privileges to be reinstated.
(8) If the person is petitioning the court under section 14(e) of this
chapter:
(A) that three (3) years have elapsed since the date the order
was issued that required the suspension of the petitioner's
driving privileges for life; and
(B) that the conditions listed under section 14(e) of this
chapter are satisfied.
(c) The petitioner has the burden of proof under this section and an
order issued under subsection (b) is a final order, appealable by any
party to the action.
(d) In an order for reinstatement of driving privileges issued under
this section, the court may require the bureau to issue to the prevailing
petitioner:
(1) a license to operate a motor vehicle under section 13(b) of this
chapter; or
(2) a restricted driving license for a time and subject to conditions
specified by the court, which must include one (1) or more of the
following conditions if the person was determined to be a habitual
violator under IC 9-30-10-4(a)(4) through IC 9-30-10-4(a)(7) or
IC 9-30-10-4(b)(1) through IC 9-30-10-4(b)(4), and at least one
(1) of the offenses occurred within five (5) years prior to the
granting of the probationary or restricted license:
(A) Specified hours during which the person may drive.
(B) An order prohibiting the person from operating a motor
vehicle or motorized bicycle moped with an alcohol
concentration equivalent to at least two-hundredths (0.02)
gram of alcohol per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86).
(C) An order that the person submit to a method to monitor the
person's compliance with the prohibition against operating a
motor vehicle or motorized bicycle moped with an alcohol
concentration equivalent to at least two-hundredths (0.02)
gram of alcohol per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86).
(D) The court shall determine the appropriate monitoring
method, which may include one (1) or more of the following:
(i) The person may operate only a motor vehicle equipped
with an ignition interlock device.
(ii) The person must submit to a chemical test if a law
enforcement officer lawfully stops the person while
operating a motor vehicle or motorized bicycle moped and
the law enforcement officer requests that the person submit
to a chemical test.
(iii) The person must wear a device that detects and records
the person's use of alcohol.
(iv) The person must submit to any other reasonable
monitoring requirement as determined by the court.
(e) If a court orders the bureau to issue a restricted driving license
to a petitioner under subsection (d), the court shall specify the
conditions under which the petitioner may be issued a license to
operate a motor vehicle under section 13(b) of this chapter. After the
expiration date of the restricted license and upon:
(1) fulfillment by the petitioner of the conditions specified by the
court; and
(2) the expiration of the restricted license issued under subsection
(d)(2);
the bureau shall issue to the petitioner a license to operate a motor
vehicle under section 13(b) of this chapter.
burden of proof by a preponderance of the evidence to establish this
defense.
(b) This section expires on the date IC 13-20-17.7 expires under IC 13-20-17.7-9.
(1) motor driven, either by gas or electricity;
(2) used to carry passengers or equipment; and
(3) smaller than the types of motor vehicles required to be registered by the bureau of motor vehicles such as a:
(A) passenger motor vehicle (as defined in IC 9-13-2-123);
(B) recreational vehicle (as defined in IC 9-13-2-150); or
(C) truck (as defined in IC 9-13-2-188).
A motorized cart may be characterized as a golf cart, utility cart, or similar form of motor vehicle.
(b) The term does not include:
(1) an electric personal assistive mobility device (as defined in IC 9-13-2-49.3);
(2) a motorcycle (as defined in IC 9-13-2-108);
(1) reimbursement for course sites;
(2) instructor training;
(3) purchase of equipment and course materials; and
(4) technical assistance.
