Bill Text: IN SB0400 | 2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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January 29, 2010

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SENATE BILL No. 400

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DIGEST OF SB 400 (Updated January 26, 2010 12:40 pm - DI 71)

Citations Affected: IC 14-8; IC 14-16; IC 15-12.

Synopsis: Off-road vehicles. Defines "all-terrain vehicle" (ATV) and "recreational off-highway vehicle" (ROV). Amends the definition of "off-road vehicle" for purposes of regulation of land recreation to specifically include ATVs and ROVs. Prohibits: (1) a county, city, or town from adopting an ordinance; and (2) the department of natural resources from adopting a rule, regulation, or guideline; that imposes on off-road vehicles a dry weight limitation of less than 2,000 pounds. Cross-references the new ATV definition for purposes of excluding ATVs from requirements concerning the repurchase of farm or industrial machinery.

Effective: July 1, 2010.

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Yoder , Lewis

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    January 14, 2010, read first time and referred to Committee on Homeland Security, Transportation & Veterans Affairs.
    January 28, 2010, reported favorably _ Do Pass.

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January 29, 2010

Second Regular Session 116th General Assembly (2010)

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 this style type.
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 this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

SENATE BILL No. 400

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    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 14-8-2-5.7; (10)SB0400.1.1. -->     SECTION 1. IC 14-8-2-5.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5.7. "All-terrain vehicle", for purposes of IC 14-8-2-185, means a motorized, off-highway vehicle that:
        (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.

SOURCE: IC 14-8-2-185; (10)SB0400.1.2. -->     SECTION 2. IC 14-8-2-185, AS AMENDED BY P.L.150-2009, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2010]: Sec. 185. (a) "Off-road vehicle", for purposes of IC 14-16-1 and IC 14-19-1-0.5, means a motor driven vehicle capable of cross-country travel:
        (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).
        (4) (6) Other means of transportation deriving motive power from a source other than muscle or wind.
    (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.
        (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.

SOURCE: IC 14-8-2-233.5; (10)SB0400.1.3. -->     SECTION 3. IC 14-8-2-233.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 233.5. "Recreational off-road vehicle", for purposes of IC 14-8-2-185, means a motorized, off-highway vehicle that:
        (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.

SOURCE: IC 14-16-1-22; (10)SB0400.1.4. -->     SECTION 4. IC 14-16-1-22 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 22. A county, city, or town may pass an ordinance regulating the operation of vehicles if the ordinance meets substantially the minimum requirements of this chapter. However, a county, city, or town may not adopt an ordinance that does any of the following:
        (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.

SOURCE: IC 14-16-1-31; (10)SB0400.1.5. -->     SECTION 5. IC 14-16-1-31 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 31. The department may not adopt a rule, regulation, or guideline that, with respect to an off-road vehicle, imposes a dry weight limitation of less than two thousand (2,000) pounds.

SOURCE: IC 15-12-3-2; (10)SB0400.1.6. -->     SECTION 6. IC 15-12-3-2, AS ADDED BY P.L.2-2008, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 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.