Bill Text: IN SB0400 | 2010 | Regular Session | Enrolled
Bill Title: Motor vehicles.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [SB0400 Detail]
Download: Indiana-2010-SB0400-Enrolled.html
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
AN ACT to amend the Indiana code concerning motorized vehicles and civil law.
(1) A wagon, other than an implement of agriculture, that is used primarily for transporting farm products and farm supplies in connection with a farming operation.
(2) A three (3), four (4), or six (6) wheeled motor vehicle with a folding hitch on the front of the motor vehicle, manufactured with seating for not more than four (4) individuals, that is used primarily:
(A) to transport an individual from one (1) farm field to another, whether or not the motor vehicle is operated on a highway in order to reach the other farm field;
(B) for the transportation of an individual upon farm premises; or
(C) for both purposes set forth in clauses (A) and (B).
(3) A three (3), four (4), or six (6) wheeled construction related motor vehicle, capable of cross-country travel:
(A) without the benefit of a road; and
(B) on or immediately over land, water, snow, ice, marsh,
swampland, or other natural terrain;
that is used primarily for construction related purposes,
including hauling building materials.
(b) The term includes a motor vehicle described in subsection (a)(2)
that is used for the incidental transportation of farm supplies or farm
implements at the same time it is used for the transportation of an
individual.
(1) is fifty (50) inches or less in width;
(2) has a dry weight of twelve hundred (1,200) pounds or less;
(3) is designed for travel on at least three (3) nonhighway or off-highway tires;
(4) is designed for recreational use by one (1) or more individuals;
(5) has a seat or saddle designed to be straddled by the operator; and
(6) has handlebars for steering control.
The term includes parts, equipment, or attachments sold with the vehicle.
(1) without benefit of a road; and
(2) on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain.
(b) The term includes the following:
(1) A multiwheel drive or low pressure tire vehicle.
(2) An amphibious machine.
(3) A ground effect air cushion vehicle.
(4) An all-terrain vehicle (as defined in section 5.7 of this chapter).
(5) A recreational off-highway vehicle (as defined in section 233.5 of this chapter).
(c) The term does not include the following:
(1) A farm vehicle being used for farming, including, but not
limited to, a farm wagon (as defined in IC 9-13-2-60(a)(2)).
(2) A vehicle used for military or law enforcement purposes.
(3) A construction, mining, or other industrial related vehicle used
in performance of the vehicle's common function, including, but
not limited to, a farm wagon (as defined in
IC 9-13-2-60(a)(3)).
(4) A snowmobile (as defined by section 261 of this chapter).
(5) A registered aircraft.
(6) Any other vehicle properly registered by the bureau of motor
vehicles.
(7) Any watercraft that is registered under Indiana statutes.
(8) A golf cart vehicle.
(1) is sixty-four (64) inches or less in width;
(2) has a dry weight of two thousand (2,000) pounds or less;
(3) is designed for travel on at least four (4) nonhighway or off-highway tires;
(4) is designed for recreational use by one (1) or more individuals;
(5) has a nonstraddle seat or saddle; and
(6) has a steering wheel for steering control.
(1) at least twenty-five (25) years old; and
(2) owned and operated as a collector snowmobile for participation in special events of limited duration, including races, parades, and other group events.
(1) An off-road vehicle.
(2) A snowmobile (including a collector snowmobile).
(b) Except as provided under subsection (c),
(1) A vehicle that is purchased after December 31, 2003.
(2) A collector snowmobile.
(c) Registration is not required for the following vehicles:
(1)
(2) A vehicle being operated by a nonresident of Indiana as authorized under section 19 of this chapter.
(3) A vehicle being operated for purposes of testing or demonstration with temporary placement of numbers as set forth in section 16 of this chapter.
(4) A vehicle the operator of which has in the operator's possession a bill of sale from a dealer or private individual that includes the following:
(A) The purchaser's name and address.
(B) A date of purchase that is not more than thirty-one (31) days preceding the date that the operator is required to show the bill of sale.
(C) The make, model, and vehicle number of the vehicle provided by the manufacturer as required by section 13 of this chapter.
(1) Imposes a fee for a license.
(2) Specifies accessory equipment to be carried on the vehicles.
(3) Requires a vehicle operator to possess a driver's license issued under IC 9-24-11 while operating an off-road vehicle or snowmobile.
(4) Imposes a dry weight limitation of less than two thousand (2,000) pounds.
2010]: Sec. 2. As used in this chapter, "all terrain vehicle" means a
motorized, off-highway vehicle that:
(1) is fifty (50) inches or less in width;
(2) has a dry weight of six hundred (600) pounds or less;
(3) is designed for travel on at least three (3) low pressure tires;
(4) is designed for operator use only with no passengers;
(5) has a seat or saddle designed to be straddled by the operator;
and
(6) has handlebars for steering control.
The term includes parts, equipment, or attachments sold with the
vehicle. has the meaning set forth in IC 14-8-2-5.7.
(1) The natural condition of unimproved property.
(2) The condition of a reservoir, dam, canal, conduit, drain, or similar structure when used by a person for a purpose that is not foreseeable.
(3) The temporary condition of a public thoroughfare or extreme sport area that results from weather.
(4) The condition of an unpaved road, trail, or footpath, the purpose of which is to provide access to a recreation or scenic area.
(5) The design, construction, control, operation, or normal condition of an extreme sport area, if all entrances to the extreme sport area are marked with:
(A) a set of rules governing the use of the extreme sport area;
(B) a warning concerning the hazards and dangers associated with the use of the extreme sport area; and
(C) a statement that the extreme sport area may be used only by persons operating extreme sport equipment.
This subdivision shall not be construed to relieve a governmental entity from liability for the continuing duty to maintain extreme sports areas in a reasonably safe condition.
(6) The initiation of a judicial or an administrative proceeding.
(7) The performance of a discretionary function; however, the provision of medical or optical care as provided in IC 34-6-2-38 shall be considered as a ministerial act.
(8) The adoption and enforcement of or failure to adopt or enforce a law (including rules and regulations), unless the act of
enforcement constitutes false arrest or false imprisonment.
(9) An act or omission performed in good faith and without
malice under the apparent authority of a statute which is invalid
if the employee would not have been liable had the statute been
valid.
(10) The act or omission of anyone other than the governmental
entity or the governmental entity's employee.
(11) The issuance, denial, suspension, or revocation of, or failure
or refusal to issue, deny, suspend, or revoke any permit, license,
certificate, approval, order, or similar authorization, where the
authority is discretionary under the law.
(12) Failure to make an inspection, or making an inadequate or
negligent inspection, of any property, other than the property of
a governmental entity, to determine whether the property
complied with or violates any law or contains a hazard to health
or safety.
(13) Entry upon any property where the entry is expressly or
impliedly authorized by law.
(14) Misrepresentation if unintentional.
(15) Theft by another person of money in the employee's official
custody, unless the loss was sustained because of the employee's
own negligent or wrongful act or omission.
(16) Injury to the property of a person under the jurisdiction and
control of the department of correction if the person has not
exhausted the administrative remedies and procedures provided
by section 7 of this chapter.
(17) Injury to the person or property of a person under supervision
of a governmental entity and who is:
(A) on probation; or
(B) assigned to an alcohol and drug services program under
IC 12-23, a minimum security release program under
IC 11-10-8, a pretrial conditional release program under
IC 35-33-8, or a community corrections program under
IC 11-12.
(18) Design of a highway (as defined in IC 9-13-2-73), toll road
project (as defined in IC 8-15-2-4(4)), tollway (as defined in
IC 8-15-3-7), or project (as defined in IC 8-15.7-2-14) if the
claimed loss occurs at least twenty (20) years after the public
highway, toll road project, tollway, or project was designed or
substantially redesigned; except that this subdivision shall not be
construed to relieve a responsible governmental entity from the
continuing duty to provide and maintain public highways in a
reasonably safe condition.
(19) Development, adoption, implementation, operation,
maintenance, or use of an enhanced emergency communication
system.
(20) Injury to a student or a student's property by an employee of
a school corporation if the employee is acting reasonably under a
discipline policy adopted under IC 20-33-8-12.
(21) An act or omission performed in good faith under the
apparent authority of a court order described in IC 35-46-1-15.1
that is invalid, including an arrest or imprisonment related to the
enforcement of the court order, if the governmental entity or
employee would not have been liable had the court order been
valid.
(22) An act taken to investigate or remediate hazardous
substances, petroleum, or other pollutants associated with a
brownfield (as defined in IC 13-11-2-19.3) unless:
(A) the loss is a result of reckless conduct; or
(B) the governmental entity was responsible for the initial
placement of the hazardous substances, petroleum, or other
pollutants on the brownfield.
(23) The operation of an off-road vehicle (as defined in
IC 14-8-2-185) by a nongovernmental employee, or by a
governmental employee not acting within the scope of the
employment of the employee, on a public highway in a county
road system outside the corporate limits of a city or town,
unless the loss is the result of an act or omission amounting to:
(A) gross negligence;
(B) willful or wanton misconduct; or
(C) intentional misconduct.
This subdivision shall not be construed to relieve a
governmental entity from liability for the continuing duty to
maintain highways in a reasonably safe condition for the
operation of motor vehicles licensed by the bureau of motor
vehicles for operation on public highways.
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