Introduced Version
SENATE BILL No. 120
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-13-2; IC 9-19-6; IC 13-17-5-6; IC 36-7.
Synopsis: Antique motor vehicle issues. Changes the definition of
"antique motor vehicle" for purposes of the motor vehicle law.
Authorizes the use of blue dot tail lights on antique motor vehicles
under certain circumstances. Changes the description of vehicles that
must be exempt from a rule of the air pollution control board
concerning periodic motor vehicle emissions tests due to the age of the
vehicles. Prohibits a local government unit from adopting a zoning
ordinance or a land use regulation that prohibits a person from
engaging in the activities of an automotive collector in compliance with
certain conditions.
Effective: Upon passage; July 1, 2011.
Kruse
January 5, 2011, read first time and referred to Committee on Commerce & Economic
Development.
Introduced
First Regular Session 117th General Assembly (2011)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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
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this style type reconciles conflicts
between statutes enacted by the 2010 Regular Session of the General Assembly.
SENATE BILL No. 120
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-13-2-3; (11)IN0120.1.1. -->
SECTION 1. IC 9-13-2-3, AS AMENDED BY P.L.146-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. (a) Except as provided in subsection (b),
"antique motor vehicle" means a motor vehicle or motor scooter that is
at least twenty-five (25) years old
and meets either of the following
criteria:
(1) The motor vehicle or motor scooter is insured under a
collectible vehicle or classic automobile insurance policy.
(2) Upon the motor vehicle or motor scooter being presented
at a clean air car check vehicle emission test site in
accordance with the applicable test cycle, it is verified that the
following requirements have been met:
(A) The vehicle has been driven not more than three
thousand (3,000) miles per calendar year.
(B) Federally required pollution control equipment for the
make and model year of the vehicle is in place.
(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).
SOURCE: IC 9-13-2-14.5; (11)IN0120.1.2. -->
SECTION 2. IC 9-13-2-14.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 14.5. "Blue dot tail light", for purposes of IC 9-19-6,
has the meaning set forth in IC 9-19-6-1.3.
SOURCE: IC 9-19-6-1.3; (11)IN0120.1.3. -->
SECTION 3. IC 9-19-6-1.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 1.3. As used in this chapter, "blue dot tail light"
means a red lamp that is installed in the rear of a motor vehicle
and that contains a:
(1) blue; or
(2) purple;
insert that is not more than one (1) inch in diameter.
SOURCE: IC 9-19-6-1.7; (11)IN0120.1.4. -->
SECTION 4. IC 9-19-6-1.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 1.7. An antique motor vehicle may be equipped with
a blue dot tail light for a:
(1) stop lamp or stoplight;
(2) rear turn indicator lamp;
(3) rear hazard lamp; or
(4) rear reflector.
SOURCE: IC 9-19-6-5; (11)IN0120.1.5. -->
SECTION 5. IC 9-19-6-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5. (a) Except as provided in
subsections (b) through (d), a new motor vehicle sold and operated
upon a highway, other than a truck-tractor, must carry on the rear,
either as a part of the tail lamps or separately, two (2) red reflectors.
(b) Except as provided in
section 1.7 of this chapter and
subsection (c), a motorcycle and motor-driven cycle 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.
SOURCE: IC 9-19-6-6; (11)IN0120.1.6. -->
SECTION 6. IC 9-19-6-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 6. (a) This section does not apply
to a vehicle that is equipped as described in section 1.7 of this
chapter.
(a) (b) Except as provided in subsection (b), (c), a person may not:
(1) sell; or
(2) drive on the highways;
in Indiana a motor vehicle, including a motorcycle or motor-driven
cycle, unless the vehicle is equipped with at least one (1) stoplight
meeting the requirements of section 17 of this chapter.
(b) (c) A motorcycle manufactured before January 1, 1956, is not
required to be equipped with a stoplight under subsection (a) (b) 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) (d) This subsection does not apply to a motorcycle or
motor-driven cycle. 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.
SOURCE: IC 9-19-6-8; (11)IN0120.1.7. -->
SECTION 7. IC 9-19-6-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 8. (a) A front clearance lamp,
marker lamp, and reflector mounted on the front or on the side near the
front of a vehicle must display or reflect an amber color.
(b) Except as provided in section 1.7 of this chapter, a rear
clearance lamp, marker lamp, and reflector mounted on the rear or on
the sides near the rear of a vehicle must display or reflect a red color.
(c) A lighting device and reflector mounted on the rear of a vehicle
must display or reflect a red color, except as follows:
(1) The stoplight or other signal device may be red, amber, or
yellow.
(2) The light illuminating the license plate must be white.
(3) The light emitted by a back-up lamp must be white or amber.
(4) An antique motor vehicle may be equipped with a blue dot
tail light as provided in section 1.7 of this chapter.
SOURCE: IC 9-19-6-10; (11)IN0120.1.8. -->
SECTION 8. IC 9-19-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. (a) A reflector upon
a vehicle referred to in section 7 of this chapter must be of the size and
characteristics and maintained so as to be readily visible at nighttime
from all distances within six hundred (600) feet to one hundred (100)
feet from the vehicle when directly in front of the lawful upper beams
of head lamps. A reflector required to be mounted on the side of a
vehicle must reflect the required color of light to the sides, and, except
as provided in section 1.7 of this chapter, a reflector mounted on the
rear must reflect a red color to the rear.
(b) A front or rear clearance lamp must be capable of being seen and
distinguished under normal atmospheric conditions at the times lights
are required under IC 9-21-7-2 at a distance of five hundred (500) feet
from the front and rear, respectively, of the vehicle.
(c) A side marker lamp must be capable of being seen and
distinguished under normal atmospheric conditions at the times lights
are required under IC 9-21-7-2 at a distance of five hundred (500) feet
from the side of the vehicle on which the side marker lamps are
mounted.
SOURCE: IC 9-19-6-12; (11)IN0120.1.9. -->
SECTION 9. IC 9-19-6-12, AS AMENDED BY P.L.148-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 12. (a) This section does not apply to:
(1) an implement of husbandry; or
(2) a farm tractor;
manufactured after June 30, 2006.
(b) A vehicle, including:
(1) an animal-drawn vehicle; and
(2) a vehicle referred to in IC 9-19-1-1 that is not specifically
required by this article to be equipped with lamps or other
lighting devices;
must at all times required by IC 9-21-7-2 be equipped with at least two
(2) red reflectors that are visible from distances of one hundred (100)
feet to six hundred (600) feet to the rear when illuminated by the upper
beams of head lamps. However, the requirement of this subsection
may be satisfied under section 1.7 of this chapter in the case of an
antique motor vehicle.
SOURCE: IC 9-19-6-17; (11)IN0120.1.10. -->
SECTION 10. IC 9-19-6-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 17. (a)
Except as
provided in section 1.7 of this chapter, a motor vehicle may be
equipped, and when required under this chapter must be equipped, with
a stop lamp or lamps on the rear of the vehicle that:
(1) displays a red or an amber light, or any shade of color between
red and amber, visible from a distance of not less than one
hundred (100) feet to the rear in normal sunlight;
(2) will be actuated upon application of the service (foot) brake;
and
(3) may be incorporated with at least one (1) other rear lamp.
(b) A motor vehicle may be equipped and when required under this
chapter must be equipped with lamps or mechanical signal devices
showing to the front and rear for the purpose of indicating an intention
to turn either to the right or left. If lamps are used for this purpose, the
lamps showing to the front must be located on the same level and as
widely spaced laterally as practicable and when in use must display a
white or an amber light, or any shade of color between white and
amber, visible from a distance of not less than one hundred (100) feet
to the front in normal sunlight. The lamps showing to the rear must be
located at the same level and as widely spaced laterally as practicable
and when in use, except as provided in section 1.7 of this chapter,
must display a red or an amber light, or any shade of color between red
and amber, visible from a distance of not less than one hundred (100)
feet to the rear in normal sunlight. When actuated the lamps must
indicate the intended direction of turning by flashing the lights showing
to the front and rear on the side toward which the turn is made. If
mechanical signal devices are used for this purpose, the devices must
be self-illuminated when in use at the times required by IC 9-21-7-2.
(c) A stop lamp or signal lamp or device may not project a glaring
light.
SOURCE: IC 9-19-6-19; (11)IN0120.1.11. -->
SECTION 11. IC 9-19-6-19, AS AMENDED BY P.L.183-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 19. (a) A vehicle may be equipped with lamps that
may be used for the purpose of warning the operators of other vehicles
of the presence of a vehicular traffic hazard requiring the exercise of
unusual care in approaching, overtaking, or passing. The vehicles,
when so equipped, may display the warning in addition to any other
warning signals required by this article.
(b) A lamp used to display a warning to the front must be mounted
at the same level and as widely spaced laterally as practicable, and
must display simultaneously flashing white or amber lights or any
shade of color between white and amber.
(c) A lamp used to display a warning to the rear must be mounted
at the same level and as widely spaced laterally as practicable and,
except as provided in section 1.7 of this chapter, must show
simultaneously flashing amber or red lights or any shade of color
between red and amber.
(d) A warning light must be visible from a distance of not less than
five hundred (500) feet under normal atmospheric conditions at night.
(e) A motor vehicle used to transport operating crew members may
display a lamp placed on the top of the motor vehicle with
simultaneously flashing yellow or amber lights that must be visible as
set forth in subsection (d).
SOURCE: IC 13-17-5-6; (11)IN0120.1.12. -->
SECTION 12. IC 13-17-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) A rule adopted
by the board under air pollution control laws that:
(1) requires periodic motor vehicle emissions tests; and
(2) makes new vehicles exempt from the emissions tests for a
time;
may not require that new vehicles be presented at an official vehicle
inspection station for the purpose of obtaining a certificate of
compliance.
(b) A rule adopted by the board under air pollution control laws that:
(1) requires periodic motor vehicle emissions tests; and
(2) makes certain vehicles exempt exempts from the emissions
test, due to the length of time since the vehicles were
manufactured; without condition, a vehicle that:
(A) was actually manufactured; or
(B) was designated by the manufacturer as a model
manufactured;
in a calendar year at least twenty-five (25) years before
January 1 of the calendar year to which the exemption
applies;
may not require that those vehicles be presented at an official vehicle
inspection station for the purpose of obtaining a certificate of
compliance.
SOURCE: IC 36-7-1-3.5; (11)IN0120.1.13. -->
SECTION 13. IC 36-7-1-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3.5. "Automotive collector" means a
person who collects and restores collector vehicles as a hobby or a
profession.
SOURCE: IC 36-7-1-12.5; (11)IN0120.1.14. -->
SECTION 14. IC 36-7-1-12.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12.5. "Ordinary public view"
means within the normal visual range of an individual when on a
public street or sidewalk adjacent to real property.
SOURCE: IC 36-7-1-13.5; (11)IN0120.1.15. -->
SECTION 15. IC 36-7-1-13.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13.5. "Parts car" means a
vehicle that is:
(1) not intended to be operated on a public way; and
(2) intended to be used to provide parts for the restoration of
other vehicles.
SOURCE: IC 36-7-2-4.5; (11)IN0120.1.16. -->
SECTION 16. IC 36-7-2-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.5. (a) For purposes of this section, the
activities of an automotive collector include the making of
mechanical repairs and modifications to a vehicle.
(b) A zoning ordinance or land use regulation adopted by a unit
may not prohibit a person from engaging in the activities of an
automotive collector within the area subject to the zoning
ordinance or land use regulation if all vehicles, including any parts
cars, that are maintained and stored by the person engaging in the
activities of an automotive collector:
(1) are kept on private real property; and
(2) remain out of ordinary public view by means of inside
storage, suitable fencing, trees, shrubbery, or other manner
of visual obstruction.
SOURCE: ; (11)IN0120.1.17. -->
SECTION 17.
An emergency is declared for this act.