Bill Text: IN HB1495 | 2011 | Regular Session | Introduced
Bill Title: Motorized bicycle operation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Roads and Transportation [HB1495 Detail]
Download: Indiana-2011-HB1495-Introduced.html
Citations Affected: IC 6-3.5-4-2; IC 6-6-5; IC 7.1-1-3-26.3;
IC 9-13-2; IC 9-17; IC 9-18; IC 9-19; IC 9-21; IC 9-22-3; IC 9-24;
IC 9-25-1-7; IC 9-26-1-0.3; IC 9-29-5-15; IC 14-19-1-0.5;
IC 20-30-13-11; IC 24-5-13-5.
Synopsis: Motorized bicycle operation. Amends the definition of
motorized bicycle to exclude a device used for the transportation of a
person with a disability for the purpose of mobility. Requires that a
motorized bicycle operated on a highway after December 31, 2011,
must be titled and registered with the bureau of motor vehicles, with a
registration fee equal to that of a motorcycle. Provides that a motorized
bicycle subject to registration is subject to the annual license excise
surtax and the motor vehicle excise tax. Requires that certain funds
received from the registration of a motorized bicycle be deposited in
the motorcycle operator safety education fund. Requires the operator
of a motorized bicycle on a highway to hold a driver's license, with a
certain exception. Requires a dealer who sells at least 12 motorized
bicycles a year to register as a dealer with the secretary of state.
Prohibits the operation of a motorized bicycle without financial
responsibility in effect on the motorized bicycle. Requires certain
individuals to file accident reports after an accident involving a
motorized bicycle. Provides that a minor who knowingly: (1) possesses
an alcoholic beverage (beverage); (2) consumes the beverage; or (3)
transports the beverage on a public highway when not accompanied by
at least one of the minor's parents or guardians commits a Class C
misdemeanor, and if the minor is found to have violated the above
while operating a motorized bicycle, the court may order the minor's
driver's license suspended for up to one year, with certain
enhancements. Repeals the term "motor scooter". Makes conforming
changes. Makes technical corrections. Deletes outdated language.
Effective: July 1, 2011.
January 20, 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.
(1) at a rate of not less than two percent (2%) nor more than ten percent (10%); or
(2) at a specific amount of at least seven dollars and fifty cents ($7.50) and not more than twenty-five dollars ($25).
However, the surtax on a vehicle may not be less than seven dollars and fifty cents ($7.50). The county council shall state the surtax rate or amount in the ordinance which imposes the tax.
(b) The license excise surtax applies to the following vehicles:
(1) Passenger vehicles.
(2) Motorcycles, and after December 31, 2011, motorized
bicycles.
(3) Trucks with a declared gross weight that does not exceed
eleven thousand (11,000) pounds.
(c) The county council may not adopt an ordinance to impose the
surtax unless it concurrently adopts an ordinance under IC 6-3.5-5 to
impose the wheel tax.
(d) Notwithstanding any other provision of this chapter or
IC 6-3.5-5, ordinances adopted by a county council before June 1,
1983, to impose or change the annual license excise surtax and the
annual wheel tax in the county remain in effect until the ordinances are
amended or repealed under this chapter or IC 6-3.5-5.
(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.
Class 0.V Effective January 2, 2012,
for a motorized bicycle
at least $200, but less than $1,500
Class I less than $ 1,500
Class II at least $ 1,500 but less than $ 2,250
Class III at least $ 2,250 but less than $ 3,000
Class IV at least $ 3,000 but less than $ 4,000
Class V at least $ 4,000 but less than $ 5,500
Class VI at least $ 5,500 but less than $ 7,000
Class VII at least $ 7,000 but less than $ 8,500
Class VIII at least $ 8,500 but less than $10,000
Class IX at least $10,000 but less than $12,500
Class X at least $12,500 but less than $15,000
Class XI at least $15,000 but less than $18,000
Class XII at least $18,000 but less than $22,000
Class XIII at least $22,000 but less than $25,000
Class XIV at least $25,000 but less than $30,000
Class XV at least $30,000 but less than $35,000
Class XVI at least $35,000 but less than $42,500
Class XVII $42,500 and over
(b) After December 31, 2011, the term
(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).
(1) a course offered by a public or private secondary school, a new motorcycle dealer, or other driver education school offering motorcycle driver training and motorized bicycle training as developed and approved by the superintendent of public instruction and the bureau; or
(2) a course that is offered by a commercial driving school or new motorcycle dealer and that is approved by the bureau.
The term includes a person who sells off-road vehicles or motorized
bicycles. A dealer must have an established place of business that
meets the minimum standards prescribed by the secretary of state under
rules adopted under IC 4-22-2.
(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
(1) a vehicle except a motorized bicycle that is self-propelled;
(2) after December 31, 2011, a vehicle, including a motorized bicycle, that is self-propelled; or
(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
motorized bicycle.
(e) "Motor vehicle", for purposes of IC 9-23-2 and IC 9-23-3,
includes a semitrailer.
(f) "Motor vehicle", for purposes of IC 9-24-6, has the meaning set
forth in 49 CFR 383.5 as in effect July 1, 2010.
(b) For purposes of IC 9-24-8, afer December 31, 2011, the term includes a motorized bicycle.
(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 or an assistive device (as defined in IC 24-50-20-2(1)) used for the transportation of a person with a disability for the purpose of mobility.
(1) A motor vehicle, motorcycle, motorized bicycle, semitrailer, or recreational vehicle that meets at least one (1) of the criteria set forth in IC 9-22-3-3.
(2) A vehicle, ownership of which is evidenced by a salvage title or by another ownership document of similar qualification and limitation issued by a state or jurisdiction other than the state of Indiana, and recognized by and acceptable to the bureau of motor vehicles.
(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.
(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) After December 31, 2011, this article also applies to a motorized bicycle.
(b) Within sixty (60) days after becoming an Indiana resident, a person must obtain a certificate of title for all vehicles owned by the person that:
(1) are subject to the motor vehicle excise tax under IC 6-6-5;
(2) are off-road vehicles; or
(3) after December 31, 2011, are motorized bicycles;
and that will be operated in Indiana.
(c) Within sixty (60) days after becoming an Indiana resident, a person shall obtain a certificate of title for all commercial vehicles owned by the person that:
(1) are subject to the commercial vehicle excise tax under IC 6-6-5.5;
(2) are not subject to proportional registration under the International Registration Plan; and
(3) will be operated in Indiana.
(d) Within sixty (60) days after becoming an Indiana resident, a person must obtain a certificate of title for all recreational vehicles owned by the person that:
(1) are subject to the excise tax imposed under IC 6-6-5.1; and
(2) will be operated in Indiana.
(e) A person must produce evidence concerning the date on which the person became an Indiana resident.
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6. (a) This section does not apply to a:
(1) motor vehicle requiring a certificate of title under section
1(b)(2) or 1.5 of this chapter; or
(2) after December 31, 2011, motorized bicycle.
(b) A certificate of title issued for a vehicle that is required to be
registered under this title at a declared gross weight of sixteen thousand
(16,000) pounds or less must contain the odometer reading of the
vehicle in miles or kilometers as of the date of sale or transfer of the
vehicle.
(c) A person may not knowingly furnish to the bureau odometer
information that does not accurately indicate the total recorded miles
or kilometers on the vehicle.
(d) The bureau and its license branches are not subject to a criminal
or civil action by a person for an invalid odometer reading on a
certificate of title.
(1) a motor vehicle, excluding a motorcycle or after December 31, 2011, a motorized bicycle, that has had the:
(A) frame;
(B) chassis;
(C) cab; or
(D) body;
replaced; or
(2) a motorcycle or after December 31, 2011, a motorized bicycle that has had the:
(A) frame; or
(B) engine;
replaced.
The term includes but is not limited to glider kits, fiberglass body kits, and vehicle reproductions or replicas and includes motor vehicles that have visible and original vehicle identification numbers.
(1) Farm wagons.
(2) Farm tractors.
(3) A new motor vehicle if the new motor vehicle is being operated in Indiana solely to remove it from an accident site to a
storage location because:
(A) the new motor vehicle was being transported on a railroad
car or semitrailer; and
(B) the railroad car or semitrailer was involved in an accident
that required the unloading of the new motor vehicle to
preserve or prevent further damage to it.
(4) An implement of agriculture designed to be operated primarily
in a farm field or on farm premises.
(5) Off-road vehicles.
(6) Golf carts when operated in accordance with an ordinance
adopted under IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a).
(b) After December 31, 2011, this article also applies to a
motorized bicycle.
(1) For a motorcycle, trailer, semitrailer, or recreational vehicle, upon the rear of the vehicle.
(2) For a tractor or dump truck, upon the front of the vehicle.
(3) For every other vehicle, upon the rear of the vehicle.
(b) Except as provided in subsection (d), a license plate shall be securely fastened, in a horizontal position, to the vehicle for which the plate is issued:
(1) to prevent the license plate from swinging;
(2) at a height of at least twelve (12) inches from the ground, measuring from the bottom of the license plate;
(3) in a place and position that are clearly visible;
(4) maintained free from foreign materials and in a condition to be clearly legible; and
(5) not obstructed or obscured by tires, bumpers, accessories, or other opaque objects.
(c) The bureau may adopt rules the bureau considers advisable to enforce the proper mounting and securing of license plates on vehicles consistent with this chapter.
(d) The bureau shall adopt rules, effective January 1, 2012, concerning the proper manner of mounting and display of license plates on motorized bicycles.
(1) a motor vehicle;
(2) a motorcycle and after December 31, 2011, a motorized bicycle;
(3) a truck;
(4) a trailer;
(5) a semitrailer;
(6) a tractor;
(7) a bus;
(8) a school bus;
(9) a recreational vehicle; or
(10) special machinery;
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.
(1) for a motorcycle and after December 31, 2011, a motorized bicycle;
(A) a frame; or
(B) an engine;
(2) for a passenger motor vehicle, a:
(A) frame;
(B) chassis; or
(C) body;
(3) for a truck or a tractor, a:
(A) frame;
(B) chassis;
(C) cab; or
(D) body; or
(4) for a trailer, semitrailer, or recreational vehicle, a:
(A) chassis; or
(B) body;
of the motor vehicle.
(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.
(c) A motor scooter registered under this chapter is not required to
have equipment that was not original on the motor scooter.
(1) passenger motor vehicle;
(2) motorcycle and, after December 31, 2011, a motorized bicycle;
(3) recreational vehicle; or
(4) vehicle registered as a truck with a declared gross weight of not more than eleven thousand (11,000) pounds;
registered with the bureau or who makes an application for an original registration or renewal registration of a vehicle may apply to the bureau for a personalized license plate to be affixed to the vehicle for which registration is sought instead of the regular license plate.
(b) A person who:
(1) is the registered owner or lessee of a vehicle described in subsection (a); and
(2) is eligible to receive a license plate for the vehicle under:
(A) IC 9-18-17 (prisoner of war license plates);
(B) IC 9-18-18 (disabled Hoosier veteran license plates);
(C) IC 9-18-19 (Purple Heart license plates);
(D) IC 9-18-20 (Indiana National Guard license plates);
(E) IC 9-18-21 (Indiana Guard Reserve license plates);
(F) IC 9-18-22 (license plates for persons with disabilities);
(G) IC 9-18-23 (amateur radio operator license plates);
(H) IC 9-18-24 (civic event license plates);
(I) IC 9-18-24.5 (In God We Trust license plates);
(J) IC 9-18-25 (special group recognition license plates);
(K) IC 9-18-29 (environmental license plates);
(L) IC 9-18-30 (kids first trust license plates);
(M) IC 9-18-31 (education license plates);
(N) IC 9-18-32.2 (drug free Indiana trust license plates);
(O) IC 9-18-33 (Indiana FFA trust license plates);
(P) IC 9-18-34 (Indiana firefighter license plates);
(Q) IC 9-18-35 (Indiana food bank trust license plates);
(R) IC 9-18-36 (Indiana girl scouts trust license plates);
(S) IC 9-18-37 (Indiana boy scouts trust license plates);
(T) IC 9-18-38 (Indiana retired armed forces member license plates);
(U) IC 9-18-39 (Indiana antique car museum trust license plates);
(V) IC 9-18-40 (D.A.R.E. Indiana trust license plates);
(W) IC 9-18-41 (Indiana arts trust license plates);
(X) IC 9-18-42 (Indiana health trust license plates);
(Y) IC 9-18-43 (Indiana mental health trust license plates);
(Z) IC 9-18-44 (Indiana Native American trust license plates);
(AA) IC 9-18-45.8 (Pearl Harbor survivor license plates);
(BB) IC 9-18-46.2 (Indiana state educational institution trust license plates);
(CC) IC 9-18-47 (Lewis and Clark bicentennial license plates);
(DD) IC 9-18-48 (Riley Children's Foundation license plates);
(EE) IC 9-18-49 (National Football League franchised professional football team license plates);
(FF) IC 9-18-50 (Hoosier veteran license plates);
(GG) IC 9-18-51 (support our troops license plates);
(HH) IC 9-18-52 (Abraham Lincoln bicentennial license plates);
(II) IC 9-18-53 (Earlham College Trust license plates); or
(JJ) IC 9-18-54 (Indiana Gold Star family member license plates);
may apply to the bureau for a personalized license plate to be affixed to the vehicle for which registration is sought instead of the regular special recognition license plate.
(1) A passenger motor vehicle.
(2) A recreational vehicle.
(3) A motorcycle and after December 31, 2011, a motorized bicycle.
(4) A truck that has a gross weight of not more than eleven thousand (11,000) pounds.
under this chapter may be displayed on the following:
(1) A passenger motor vehicle.
(2) A truck registered as a truck with a declared gross weight of
not more than eleven thousand (11,000) pounds.
(3) A recreational vehicle.
(4) A motorcycle and after December 31, 2011, a motorized
bicycle.
(1) A school bus.
(2) A taxicab.
(3) An ambulance.
(4) A public passenger bus.
(5) A motor vehicle having a seating capacity greater than nine (9) individuals that is owned or leased and operated by a religious or not-for-profit youth organization.
(6) An antique motor vehicle.
(7) A motorcycle and after December 31, 2011, a motorized bicycle.
(8) A motor vehicle that is owned or leased by a governmental unit and is being used in the performance of official law enforcement duties.
(9) A motor vehicle that is being used in an emergency.
(10) A motor vehicle that is funeral equipment used in the operation of funeral services when used in:
(A) a funeral procession;
(B) the return trip to a funeral home (as defined in IC 25-15-2-15); or
(C) both the funeral procession and return trip.
(b) After December 31, 2011, a person operating a motorized bicycle is subject to IC 9-21-8-59.
a person who operates a motorcycle and after December 31, 2011, a
motorized bicycle, except the following:
(1) Regulations that expressly do not apply to motorcycles or
motorized bicycles.
(2) Regulations that by their nature have no application.
(1) On an interstate highway or a sidewalk.
(2) At a speed greater than twenty-five (25) miles per hour.
(1) Protective headgear meeting the minimum standards set by the bureau.
(2) Protective glasses, goggles, or a transparent face shield.
(b) A person less than eighteen (18) years of age who operates or rides a motorized bicycle on a street or highway shall wear the following:
(1) 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, as effective January 1, 1979.
(2) Protective glasses, goggles, or a transparent face shield.
(b) A motorcycle or after December 31, 2011, a motorized bicycle stopped or parked upon a roadway where there is an adjacent curb may be stopped or parked with the rear wheel of the motorcycle or the motorized bicycle to the curb and with the front tire facing the flow of traffic.
(1) An insurance company has determined that it is economically impractical to repair the wrecked or damaged motor vehicle, motorcycle, semitrailer,
(2) If the owner of the vehicle is a business that insures its own vehicles, the cost of repairing the wrecked or damaged motor vehicle, motorcycle, semitrailer,
(3) The motor vehicle is a flood damaged vehicle.
(b) For the purposes of this section, the bureau shall, upon request, determine the fair market value of a wrecked or damaged motor vehicle, motorcycle, semitrailer,
December 31, 2011, motorized bicycle if the fair market value cannot
be determined from the source referred to in section 2(1) of this
chapter.
(c) Except as described in section 11(c) of this chapter, an insurance
company shall apply for a salvage title for a vehicle that the insurance
company has determined is economically impractical to repair.
(d) An owner described in subsection (a)(2) shall apply for a salvage
title for any vehicle that has sustained damages of seventy percent
(70%) or more of the fair market value immediately before the motor
vehicle, motorcycle, semitrailer, or recreational vehicle, or after
December 31, 2011, motorized bicycle was wrecked or damaged if
the vehicle meets the criteria specified in subsection (a)(2).
(1) An insurance company that declares a wrecked or damaged motor vehicle, motorcycle, semitrailer,
(2) An insurance company that has made and paid an agreed settlement for the loss of a stolen motor vehicle, motorcycle, semitrailer,
(A) has been recovered by the titled owner; and
(B) meets at least one (1) of the criteria set forth in section 3 of this chapter.
(b) A person who owns or holds a lien upon a vehicle described in subsection (a) shall assign the certificate of title to the insurance company described in subsection (a). The insurance company shall apply to the bureau within thirty-one (31) days after receipt of the certificate of title for a certificate of salvage title for each salvage or stolen vehicle subject to this chapter. The insurance company shall surrender the certificate of title to the department and pay the fee prescribed under IC 9-29-7 for a certificate of salvage title.
(c) When the owner of a vehicle described in subsection (a) retains possession of the vehicle:
(1) the person who possesses the certificate of title shall surrender the certificate of title to the insurance company described in subdivision (2);
(2) the insurance company that completes an agreed settlement for the vehicle shall:
(A) obtain the certificate of title; and
(B) submit to the bureau:
(i) the certificate of title;
(ii) the appropriate fee; and
(iii) a request for a certificate of salvage title on a form prescribed by the bureau; and
(3) after the bureau has received the items set forth in subdivision (2)(B), the bureau shall issue a certificate of salvage title to the owner.
(d) When a self-insured entity is the owner of a salvage motor vehicle, motorcycle, semitrailer,
(e) Any other person acquiring a wrecked or damaged motor vehicle, motorcycle, semitrailer,
(f) A person that violates this section commits a Class D infraction.
(b) This section expires December 31, 2013.
(1) An operator's, a chauffeur's, or a public passenger chauffeur's license with a motorcycle endorsement.
(2) A temporary motorcycle learner's permit subject to the limitations imposed under IC 9-24-8.
(3) A motorcycle learner's permit subject to the limitations imposed under IC 9-24-8.
(4) A driver's license from any other jurisdiction that is valid for the operation of a motorcycle or a motorized bicycle in that jurisdiction.
(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;
(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; and
(C) is lawfully admitted into the United States;
while operating a motor vehicle in Indiana only as an operator.
(4) A nonresident who:
(A) is at least eighteen (18) years of age;
(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; and
(C) is lawfully admitted into the United States;
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) 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.
(7) 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.
(8) 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.
(9) After December 31, 2011, a person who does not hold a driver's license under this article may operate a motorized bicycle only with a certification from the physician of the person that the person is not capable for medical reasons of operating a passenger motor vehicle, motorcycle, or a truck. The certification must be carried with the person when operating the motorized bicycle. The person must hold an identification card issued under IC 9-24-16.
(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 or town hold a driver's license.
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. A public passenger chauffeur's license entitles
the licensee to operate any motor vehicle, except a commercial vehicle,
or a motorcycle, or after December 31, 2011, a motorized bicycle
upon a highway.
(1) While the holder is participating in practice driving in an approved driver education course and is accompanied by a certified driver education instructor in the front seat of an automobile equipped with dual controls.
(2) If the learner's permit has been validated and the holder is less than eighteen (18) years of age, the holder may participate in practice driving if the seat beside the holder is occupied by a guardian, stepparent, or relative of the holder who is at least twenty-one (21) years of age and holds a valid operator's, chauffeur's, or public passenger chauffeur's license.
(3) If the learner's permit has been validated and the holder is at least eighteen (18) years of age, the holder may participate in practice driving if accompanied in the vehicle by an individual who holds a valid operator's, chauffeur's, or public passenger chauffeur's license.
(4) While:
(A) the holder is enrolled in an approved driver education course;
(B) the holder is participating in practice driving after having commenced an approved driver education course; and
(C) the seat beside the holder is occupied by a parent, stepparent, or guardian of the holder who holds a valid operator's, chauffeur's, or public passenger chauffeur's license.
(1) Is at least fifteen (15) years of age.
(2) Is enrolled in an approved motorcycle driver education and training course.
(3) Presents a certificate of enrollment to the bureau.
(4) Is not ineligible under IC 9-24-2-1.
(b) The bureau shall validate a temporary motorcycle learner's permit upon certification by the instructor of an approved motorcycle driver education and training course that the holder has satisfactorily completed the course and passed the written test described in section 4 of this chapter.
(c) The holder of a validated temporary motorcycle learner's permit may only operate a motorcycle or after December 31, 2011, a motorized bicycle under the following conditions:
(1) The holder must wear a helmet that meets the standards established by the United States Department of Transportation under 49 CFR 571.218 as in effect January 1, 1979.
(2) The motorcycle or after December 31, 2011, a motorized bicycle may be operated only during daylight hours.
(3) The motorcycle or after December 31, 2011, a motorized bicycle may not carry passengers other than the operator.
(4) The holder must be under the supervision of a licensed motorcycle operator who must be at least eighteen (18) years of age.
(d) A temporary motorcycle learner's permit authorizes the permit holder to operate a motorcycle or after December 31, 2011, a motorized bicycle upon a highway while enrolled in an approved motorcycle driver education and training course and only when the holder is under the direct supervision of an instructor who has received training in the use and operation of motorcycles and who has been:
(1) certified to teach motorcycle driver education by the state board of education; or
(2) approved as a motorcycle instructor by the bureau of motor vehicles.
(1) The individual holds a valid operator's, chauffeur's, or public passenger chauffeur's license issued under this article.
(2) The individual passes a written examination developed by the bureau concerning the safe operation of a motorcycle or motorized bicycle.
(b) A motorcycle learner's permit authorizes the permit's holder to operate a motorcycle or after December 31, 2011, a motorized bicycle upon a highway during a period of one (1) year under the following conditions:
(1) The holder wears a helmet that meets the standards established by the United States Department of Transportation under 49 CFR 571.218 as in effect January 1, 1979.
(2) The motorcycle or after December 31, 2011, the motorized bicycle is operated only during daylight hours.
(3) The motorcycle or after December 31, 2011, the motorized bicycle does not carry passengers other than the operator.
(1) issue a motorcycle operator's license; or
(2) validate an operator's, a chauffeur's, or a public passenger chauffeur's license for motorcycle or after December 31, 2011, motorized bicycle operation upon a highway by endorsement;
to a person who meets the conditions in subsection (b).
(b) A person must meet at least one (1) of the following conditions to obtain a license or validation under subsection (a):
(1) Satisfactorily complete the written test, hold a motorcycle learner's permit for at least thirty (30) days, and:
(A) satisfactorily complete an approved operational skills test; or
(B) satisfactorily complete a motorcycle operator safety education course approved by the department of education as set forth in IC 20-30-13-9.
(2) Hold a current motorcycle operator endorsement or motorcycle operator's license from any other jurisdiction and successfully complete the written test.
(c) The bureau may not issue a motorcycle operator's license or endorsement to an individual less than sixteen (16) years and thirty (30) days of age.
(d) If an applicant for a motorcycle license or license endorsement is less than eighteen (18) years of age, the bureau may not issue a license or validate a license described in subsection (a) if the applicant is ineligible under IC 9-24-2-1.
(e) The bureau shall develop and implement both a written test and an operational skills test that must be designed to determine whether an applicant for a motorcycle operator's license or endorsement is competent to operate a motorcycle or motorized bicycle upon a highway. The written test must be made available at license branch locations approved by the bureau. The operational skills test must be given at locations designated by the bureau. The bureau shall adopt
rules by July 1, 2007, under IC 4-22-2 to establish standards for
persons administering operational skills tests and the provisions of the
operational skills test. An individual applying for a motorcycle
operator's license or endorsement must pass the written exam before
taking the operational skills test. If an applicant fails to satisfactorily
complete either the written or operational tests, the applicant may
reapply for and must be offered the examination upon the same terms
and conditions as applicants may reapply for and be offered
examinations for an operator's license. The bureau shall publish and
make available at all locations where an individual may apply for an
operator's license information concerning motorcycle operator
licensing or endorsement.
(f) An individual who:
(1) has held a motorcycle learner's permit for at least thirty (30)
days; or
(2) holds a temporary motorcycle learner's permit, has
successfully completed an approved motorcycle driver education
and training course, and possesses a valid operator's, chauffeur's,
or public passenger chauffeur's license;
may apply for a motorcycle operator's license or endorsement not later
than the expiration date of the holder's permit. However, not more than
three (3) examinations may be allowed a holder during the period the
permit is valid. A holder of a learner's permit or a temporary learner's
permit who does not pass the written and operating skills examination
during the period for which the permit is valid must obtain a new
learner's permit.
(1) The full legal name of the permittee or licensee.
(2) The date of birth of the permittee or licensee.
(3) The address of the principal residence of the permittee or licensee.
(4) The hair color and eye color of the permittee or licensee.
(5) The date of issue and expiration date of the permit or license.
(6) The gender of the permittee or licensee.
(7) The unique identifying number of the permit or license.
(8) The weight of the permittee or licensee.
(9) The height of the permittee or licensee.
(10) A reproduction of the signature of the permittee or licensee.
(11) If the permittee or licensee is less than eighteen (18) years of age at the time of issuance, the dates on which the permittee or licensee will become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(12) If the permittee or licensee is at least eighteen (18) years of age but less than twenty-one (21) years of age at the time of issuance, the date on which the permittee or licensee will become twenty-one (21) years of age.
(13) Except as provided in subsection (b) or (c), a digital photograph of the permittee or licensee.
(b) The following permits or licenses do not require a digital photograph:
(1) Temporary motorcycle learner's permit issued under IC 9-24-8.
(2) Motorcycle learner's permit issued under IC 9-24-8.
(c) The bureau may provide for the omission of a photograph or computerized image from any other license or permit if there is good cause for the omission. However, a license issued without a digital photograph must include the language described in subsection (f).
(d) The information contained on the permit or license as required by subsection (a)(11) or (a)(12) for a permittee or licensee who is less than twenty-one (21) years of age at the time of issuance shall be printed prominently on the permit or license.
(e) This subsection applies to a permit or license issued after January 1, 2007. If the applicant for a permit or license submits information to the bureau concerning the applicant's medical condition, the bureau shall place an identifying symbol on the face of the permit or license to indicate that the applicant has a medical condition of note. The bureau shall include information on the permit or license that briefly describes the medical condition of the holder of the permit or license. The information must be printed in a manner that alerts a person reading the permit or license to the existence of the medical condition. The permittee or licensee is responsible for the accuracy of the information concerning the medical condition submitted under this
subsection. The bureau shall inform an applicant that submission of
information under this subsection is voluntary.
(f) Any license or permit issued by the state that does not require a
digital photograph must include a statement that indicates that the
license or permit may not be accepted by any federal agency for federal
identification or any other federal purpose.
(g) A license or permit issued by the state to an individual who:
(1) has a valid, unexpired nonimmigrant visa or has nonimmigrant
visa status for entry in the United States;
(2) has a pending application for asylum in the United States;
(3) has a pending or approved application for temporary protected
status in the United States;
(4) has approved deferred action status; or
(5) has a pending application for adjustment of status to that of an
alien lawfully admitted for permanent residence in the United
States or conditional permanent residence status in the United
States;
must be clearly identified as a temporary license or permit. A
temporary license or permit issued under this subsection may not be
renewed without the presentation of valid documentary evidence
proving that the licensee's or permitee's temporary status has been
extended.
(h) The bureau may adopt rules under IC 4-22-2 to carry out this
section.
(i) For purposes of subsection (a), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the address of the individual's
principal residence, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the address of the
individual's principal residence.
(b) After December 31, 2011, a person who does not hold a driver's license under this article may operate a motorized bicycle only with a certification from the physician of the person that the person is not capable for medical reasons of operating a passenger motor vehicle, motorcycle, or a truck. The certification must be
carried with the person when operating the motorized bicycle. The
person must hold an identification card issued under IC 9-24-16.
(b) A person may not be convicted of violating section
(b) The fee for each additional set of license plates for a motorcycle or after December 31, 2011, a motorized bicycle manufacturer or dealer is seven dollars and fifty cents ($7.50).
(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);
(3) a motor scooter (as defined in IC 9-13-2-104);
(4) (3) a motorized bicycle (as defined in IC 9-13-2-109); or
(5) (4) an off-road vehicle.
(1) has a declared gross vehicle weight of less than ten thousand (10,000) pounds;
(2) is sold to:
(A) a buyer in Indiana and registered in Indiana; or
(B) a buyer in Indiana who is not an Indiana resident (as defined in IC 9-13-2-78);
(3) is intended primarily for use and operation on public highways; and
(4) is required to be registered or licensed before use or operation.
The term does not include conversion vans, motor homes, farm tractors, and other machines used in the actual production, harvesting, and care of farm products, road building equipment, truck tractors, road tractors, motorcycles,
(1) reimbursement for course sites;
(2) instructor training;
(3) purchase of equipment and course materials; and
(4) technical assistance.
SECTION 57. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 9-13-2-104; IC 9-19-7-1; IC 9-21-11-12; IC 9-21-11-13.
