Bill Text: IN HB1334 | 2011 | Regular Session | Introduced
Bill Title: Joint study committee on transportation and infrastructure assessment and solutions.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1334 Detail]
Download: Indiana-2011-HB1334-Introduced.html
Citations Affected: IC 6-3.5-4-0.5; IC 6-6-5-1; IC 7.1-1-3-26.3;
IC 9-13; IC 9-17-2; IC 9-18; IC 9-19; IC 9-21; IC 9-24-13; IC 9-25-1-7;
IC 9-26-1-0.3; IC 9-29-5-2; IC 9-30-10; IC 13-11-2-130.1;
IC 14-19-1-0.5; IC 20-30-13-11.
Synopsis: Mopeds. Changes the term motorized bicycle to moped.
Requires that a moped operated on a highway must be titled and
registered with the bureau of motor vehicles, 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 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. Prohibits the operation of a moped without 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 Deletes outdated language.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: July 1, 2011.
January 13, 2011, read first time and referred to Committee on Roads and Transportation.
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.
(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
(3) is at least twenty-five (25) years old; and
(4) is privately owned.
(b) "Motor vehicle", for purposes of IC 9-21, means
(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.
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 109. "Motorized
bicycle" "Moped" means a two (2) or three (3) wheeled vehicle that
is propelled by an internal combustion engine or a battery powered
motor, and if powered by an internal combustion engine, has the
following:
(1) An engine rating of not more than two (2) horsepower 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.
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
(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.
(1) has been previously issued for a vehicle in Indiana, an application for a certificate of title must be accompanied by the previously issued certificate of title, unless otherwise provided; or
(2) has not previously been issued for a vehicle in Indiana, an application for a certificate of title must be accompanied by a manufacturer's certificate of origin as provided in IC 9-17-8, unless otherwise provided.
The bureau shall adopt rules under IC 4-22-2 to determine the indication of ownership for a moped.
(1) the certificate of title issued for the vehicle or off-road vehicle by the other state if the other state has a certificate of title law;
(2) a sworn bill of sale or dealer's invoice fully describing the
vehicle or off-road vehicle and the most recent registration receipt
issued for the vehicle or off-road vehicle if the other state does not
have a certificate of title law; or
(3) other information that the bureau requires, if the other state
does not have a certificate of title or registration law that pertains
to the vehicle or off-road vehicle.
The bureau shall adopt rules under IC 4-22-2 to determine the
indication of ownership for a moped.
(1) been in business for not less than five (5) years; and
(2) sold not less than one hundred fifty (150) motor vehicles during the preceding calendar year.
(b) This section does not apply to the following:
(1) A new motor vehicle or recreational vehicle sold by a dealer licensed by the state.
(2) A motor vehicle or recreational vehicle transferred or assigned on a certificate of title issued by the bureau.
(3) A motor vehicle that is registered under the International Registration Plan.
(4) A motor vehicle that is titled in the name of a financial institution, lending institution, or insurance company in Canada and imported by a registered importer, if:
(A) the registered importer complies with section 12.5(a) of this chapter; and
(B) section 12.5(d) of this chapter does not apply to the motor vehicle.
(5) A motor vehicle that is titled in another state and is in the lawful possession of a financial institution, a lending institution, or an insurance company, if:
(A) the financial institution, lending institution, or insurance company complies with section 12.5(b) of this chapter; and
(B) section 12.5(d) of this chapter does not apply to the motor vehicle.
(6) A moped.
(c) An application for a certificate of title for a motor vehicle or recreational vehicle may not be accepted by the bureau unless the motor vehicle or recreational vehicle has been inspected by one (1) of the following:
(1) An employee of a dealer designated by the secretary of state
to perform an inspection.
(2) A military policeman assigned to a military post in Indiana.
(3) A police officer.
(4) A designated employee of the bureau.
(d) A person described in subsection (c) inspecting a motor vehicle,
semitrailer, or recreational vehicle shall do the following:
(1) Make a record of inspection upon the application form
prepared by the bureau.
(2) Verify the facts set out in the application.
(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 July 1, 2011;
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.
(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.
(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
motor-driven cycle, moped, must be located at a height measured from
the center of the head lamp of not less than twenty-four (24) inches and
not more than fifty-four (54) inches to be measured as set forth in
section 2(b) 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 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 motor-driven
cycle. moped. A person may not:
(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.
(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
be of the single-beam or multiple-beam type.
(b) A head lamp on a motor-driven cycle motorcycle or moped
must be of sufficient intensity to reveal a person or a vehicle at a
distance of not less than:
(1) one hundred (100) feet when the motor-driven cycle
motorcycle or moped is operated at a speed of less than
twenty-five (25) miles per hour;
(2) two hundred (200) feet when the motor-driven cycle
motorcycle or moped is operated at a speed of at least
twenty-five (25) miles per hour; and
(3) three hundred (300) feet when the motor-driven cycle
motorcycle or moped is operated at a speed of at least thirty-five
(35) miles per hour.
(c) If a motor-driven cycle motorcycle or moped is equipped with
a multiple beam head lamp, the upper beam must meet the minimum
requirements set forth in this section and must not exceed the
limitations set forth in section 20(1) of this chapter and the lowermost
distribution of light as set forth in section 20(2) of this chapter.
(d) If a motor-driven cycle motorcycle or moped is equipped with
a single beam lamp, the lamp must be aimed so that when the vehicle
is loaded none of the high-intensity part of the light will, at a distance
of twenty-five (25) feet ahead, project higher than the level of the
center of the lamp from which the light comes.
(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.
(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
(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.
jurisdictions, prohibit the use of a highway by pedestrians, bicycles, or
other nonmotorized traffic or by a person operating a motor-driven
cycle. moped. The Indiana department of transportation or the local
authority adopting a prohibiting regulation shall erect and maintain
official signs on the freeway or interstate highway system on which the
regulations are applicable. If signs are erected, a person may not
disobey the restrictions stated on the signs.
(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 twenty-five (25) miles per hour.
(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 operating a moped under IC 9-21-11-12 must have the identification card, permit, operator's license, chauffeur's license, or public passenger chauffeur'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.
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) Subject to
subsection (b), in a proceeding to enforce section 3 of this chapter, the
burden is on the defendant to prove by a preponderance of the evidence
that the defendant had been issued a driving driver's license or permit
identification card that was valid at the time of the alleged violation.
(b) A person An individual may not be convicted of violating
section 3 of this chapter if the person, individual, within five (5) days
from the time of apprehension, produces to the apprehending officer or
headquarters of the apprehending officer satisfactory evidence of a
permit or the driver's license or permit issued to the person
individual that was valid at the time of the person's individual's
apprehension.
(1) Seven dollars ($7) to the motorcycle operator safety education fund established by IC 20-30-13-11.
(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(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) 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 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) 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).
exist:
(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 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.
(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 motorized bicycle moped and the law
enforcement officer requests that the person submit to a chemical
test.
(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 files with the bureau, and 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
(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
(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
(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
(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.
vehicle or motorized bicycle moped was necessary to save life or limb
in an extreme emergency. The defendant must bear the 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.
(b) Notwithstanding IC 9-13-2-42, as amended by this act, a person who engages in the business of selling at least twelve (12) mopeds to the general public each year for delivery in Indiana whose business name begins with the letters A through L, inclusive, is not required to apply for a dealer's license under IC 9-23-2 with the bureau of motor vehicles until the month in 2012 required by IC 9-23-2-8.
(c) This SECTION expires December 31, 2012.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 9-17-2-4 and IC 9-17-2-5, both as amended by this act.
(2) December 31, 2012.
