Bill Text: IN SB0407 | 2010 | Regular Session | Enrolled
Bill Title: Various motor vehicle matters.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-03-25 - Section 43 effective 07/01/2010 [SB0407 Detail]
Download: Indiana-2010-SB0407-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.
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AN ACT to amend the Indiana Code concerning motor vehicles and to make an
appropriation.
(b) With respect to a recreational vehicle that has been acquired, has been brought into Indiana, or for any other reason becomes subject to registration after the regular annual registration date in the year on or before which the owner of the recreational vehicle is required under the state motor vehicle registration laws to register vehicles, the tax imposed by this chapter is due and payable at the time the recreational vehicle is acquired, is brought into Indiana, or otherwise becomes subject to registration. The amount of tax to be paid by the owner for the remainder of the year shall be reduced by
(c) If a recreational vehicle is acquired, is brought into Indiana, or for any other reason becomes subject to registration after January 1 of any year, the owner may pay the applicable registration fee on the recreational vehicle as provided in the state motor vehicle registration
laws and may pay any excise tax due on the recreational vehicle for the
remainder of the annual registration year and simultaneously register
the recreational vehicle and pay the applicable registration fee and the
excise tax due for the next succeeding annual registration year.
(d) Except as provided in subsection (h), a reduction in the
applicable annual excise tax may not be allowed to an Indiana resident
applicant upon registration of a recreational vehicle that was owned by
the applicant on or before the first day of the applicant's annual
registration period. A recreational vehicle that is owned by an Indiana
resident applicant and that was located in and registered for use in
another state during the same calendar year is entitled to the same
reduction when registered in Indiana.
(e) The owner of a recreational vehicle who sells the recreational
vehicle in a year in which the owner has paid the tax imposed by this
chapter shall receive a credit equal to the remainder of:
(1) the tax paid for the recreational vehicle; minus
(2) ten eight and thirty-three hundredths percent (10%)
(8.33%) for each full or partial calendar month that has elapsed
in the owner's annual registration year before the date of the sale.
The credit shall be applied to the tax due on any other recreational
vehicle purchased or subsequently registered by the owner in the
owner's annual registration year. If the credit is not fully used and the
amount of the credit remaining is at least four dollars ($4), the owner
is entitled to a refund in the amount of the unused credit. The owner
must pay a fee of three dollars ($3) to the bureau to cover costs of
providing the refund, which may be deducted from the refund. The
bureau shall issue the refund. The bureau shall transfer three dollars
($3) of the fee to the bureau of motor vehicles commission to cover the
commission's costs in processing the refund. To claim the credit and
refund provided by this subsection, the owner of the recreational
vehicle must present to the bureau proof of sale of the recreational
vehicle.
(f) Subject to the requirements of subsection (g), if a recreational
vehicle is destroyed in a year in which the owner has paid the tax
imposed by this chapter and the recreational vehicle is not replaced by
a replacement vehicle for which a credit is issued under this section,
the owner is entitled to a refund in an amount equal to ten eight and
thirty-three hundredths percent (10%) (8.33%) of the tax paid for
each full calendar month remaining in the owner's annual registration
year after the date of destruction, but only upon presentation or return
to the bureau of the following:
(1) A request for refund on a form furnished by the bureau.
(2) A statement of proof of destruction on an affidavit furnished by the bureau.
(3) The license plate from the recreational vehicle.
(4) The registration from the recreational vehicle.
However, the refund may not exceed ninety percent (90%) of the tax paid on the destroyed recreational vehicle. The amount shall be refunded by a warrant issued by the auditor of the county that received the excise tax revenue and shall be paid out of the special account created under section 21 of this chapter for settlement of the excise tax collections. For purposes of this subsection, a recreational vehicle is considered destroyed if the cost of repair of damages suffered by the recreational vehicle exceeds the recreational vehicle's fair market value.
(g) To claim a refund under subsection (f) for a recreational vehicle that is destroyed, the owner of the recreational vehicle must present to the bureau a valid registration for the recreational vehicle within ninety (90) days after the date that the recreational vehicle is destroyed. The bureau shall then fix the amount of the refund that the owner is entitled to receive.
(h) If the name of the owner of a recreational vehicle is legally changed and the change has caused a change in the owner's annual registration date, the excise tax liability of the owner for the recreational vehicle shall be adjusted as follows:
(1) If the name change requires the owner to register sooner than the owner would have been required to register if there had been no name change, the owner is, at the time the name change is reported, entitled to a refund from the county treasurer in the amount of the product of:
(A)
(B) the number of full calendar months beginning after the owner's new regular annual registration month and ending before the next succeeding regular annual registration month that is based on the owner's former name.
(2) If the name change requires the owner to register later than the owner would have been required to register if there had been no name change, the recreational vehicle is subject to excise tax for the period beginning after the month in which the owner would have been required to register if there had been no name change and ending before the owner's new regular annual registration month in the amount of the product of:
(A)
(B) the number of full calendar months beginning after the month in which the owner would have been required to register if there had been no name change and ending before the owner's new regular annual registration month.
(b) With respect to a truck camper that has been acquired, has been brought into Indiana, or for any other reason becomes subject to taxation after the regular annual registration date in the year on or before which the owner of the truck camper is required under the state motor vehicle registration laws to register vehicles, the tax imposed by this chapter is due and payable at the time the truck camper is acquired, is brought into Indiana, or otherwise becomes subject to taxation under this chapter. The amount of tax to be paid by the owner for the remainder of the year shall be reduced by
(c) If a truck camper is acquired, is brought into Indiana, or for any other reason becomes subject to taxation under this chapter after January 1 of any year, the owner may pay any excise tax due on the truck camper for the remainder of the annual registration year and simultaneously pay the excise tax due for the next succeeding annual registration year.
(d) The owner of a truck camper who sells the truck camper in a year in which the owner has paid the tax imposed by this chapter shall receive a credit equal to the remainder of:
(1) the tax paid for the truck camper; reduced by
(2)
The credit shall be applied to the tax due on any other truck camper acquired by the owner in the owner's annual registration year. If the credit is not fully used and the amount of the credit remaining is at least
four dollars ($4), the owner is entitled to a refund in the amount of the
unused credit. The owner must pay a fee of three dollars ($3) to the
bureau to cover the costs of providing the refund, which may be
deducted from the refund. The bureau shall issue the refund. The
bureau shall transfer three dollars ($3) of the fee to the bureau of motor
vehicles commission to cover the commission's costs in processing the
refund. To claim the credit and refund provided by this subsection, the
owner of the truck camper must present to the bureau proof of sale of
the truck camper.
(e) Subject to the requirements of subsection (f), if a truck camper
is destroyed in a year in which the owner has paid the tax imposed by
this chapter and the truck camper is not replaced by a replacement
truck camper for which a credit is issued under this section, the owner
is entitled to a refund in an amount equal to ten eight and thirty-three
hundredths percent (10%) (8.33%) of the tax paid for each full
calendar month remaining in the owner's annual registration year after
the date of destruction, but only upon presentation or return to the
bureau of the following:
(1) A request for refund on a form furnished by the bureau.
(2) A statement of proof of destruction on an affidavit furnished
by the bureau.
However, the refund may not exceed ninety percent (90%) of the tax
paid on the destroyed truck camper. The amount shall be refunded by
a warrant issued by the auditor of the county that received the excise
tax revenue and shall be paid out of the special account created under
section 21 of this chapter for settlement of the excise tax collections.
For purposes of this subsection, a truck camper is considered destroyed
if the cost of repair of damages suffered by the truck camper exceeds
the truck camper's fair market value.
(f) To claim a refund under subsection (e) for a truck camper that is
destroyed, the owner of the truck camper must present to the bureau a
valid receipt for the excise tax paid under this chapter on the truck
camper within ninety (90) days after the date that the truck camper is
destroyed. The bureau shall then fix the amount of the refund that the
owner is entitled to receive.
(g) If the name of the owner of a truck camper is legally changed
and the change has caused a change in the owner's annual registration
date, the excise tax liability of the owner for the truck camper shall be
adjusted as follows:
(1) If the name change requires the owner to register a motor
vehicle sooner than the owner would have been required to
register if there had been no name change, the owner is, at the
time the name change is reported, entitled to a refund from the
county treasurer in the amount of the product of:
(A) ten eight and thirty-three hundredths percent (10%)
(8.33%) of the owner's last preceding annual excise tax
liability; multiplied by
(B) the number of full calendar months beginning after the
owner's new regular annual registration month and ending
before the next succeeding regular annual registration month
that is based on the owner's former name.
(2) If the name change requires the owner to register a motor
vehicle later than the owner would have been required to register
if there had been no name change, the truck camper is subject to
excise tax for the period beginning after the month in which the
owner would have been required to register if there had been no
name change and ending before the owner's new regular annual
registration month in the amount of the product of:
(A) ten eight and thirty-three hundredths percent (10%)
(8.33%) of the owner's excise tax liability computed as of the
time the owner would have been required to register a motor
vehicle if there had been no name change; multiplied by
(B) the number of full calendar months beginning after the
month in which the owner would have been required to
register a motor vehicle if there had been no name change and
ending before the owner's new regular annual registration
month.
(b) The owner of a recreational vehicle registered with the bureau is entitled to a refund of taxes paid under this chapter if, after the owner's regular registration date, the owner:
(1) registers the recreational vehicle for use in another state; and
(2) pays tax for use of the recreational vehicle to another state for the same period for which the tax was paid under this chapter.
(c) The refund provided under subsection (b) is equal to:
(1) the annual license excise tax paid for use of the recreational vehicle by the owner of the vehicle for the year; minus
(2)
ending before the date the owner registered the recreational
vehicle for use in another state.
(d) To claim the refund provided by this section, the owner of the
recreational vehicle must provide the bureau with:
(1) a request for a refund on a form furnished by the bureau; and
(2) proof that a tax described in subsection (b)(2) was paid.
(b) The owner of a truck camper is entitled to a refund of taxes paid under this chapter if, after the owner's regular vehicle registration date:
(1) the owner moves and registers the truck on which the truck camper is installed for use in another state;
(2) the owner pays tax for use of the truck camper to another state for the same period for which the tax was paid under this chapter; and
(3) the truck camper is located and used in the other state for the same period for which the tax was paid under this chapter.
(c) The refund provided under subsection (b) is equal to:
(1) the annual excise tax paid for use of the truck camper by the owner of the truck camper for the year; minus
(2)
(1) passenger motor vehicles;
(2) recreational vehicles;
(3) motor vehicles registered to disabled veterans under IC 9-18-18; or
(4) motor vehicles registered to former prisoners of war under IC 9-18-17;
that contain any of the numerals 1 through 100 following the prefix numbers and letter shall be issued
(b) The rules adopted under this section do not apply to:
(1) furnish; and
(2) display on the antique motor vehicle;
an Indiana license plate from the model year of the antique motor vehicle.
(b) A license plate furnished and displayed under this section must be an authentic license plate from the model year of the antique motor vehicle.
(c) Before a license plate is mounted on an antique motor vehicle under this section, the license plate must be inspected by the bureau to determine whether the license plate:
(1) complies with this section;
(2) is in suitable condition to be displayed; and
(3) bears a unique plate number at the time of the registration of the antique motor vehicle.
The bureau shall authorize the display of a restored or refurbished authentic license plate, but may prohibit the display of an authentic license plate under this section if the authentic license plate is not in conformance with this subsection.
(d) If an Indiana license plate from the model year of the antique motor vehicle is displayed on a motor vehicle registered as an antique motor vehicle under this chapter, the current certificate of registration of the antique motor vehicle shall be:
(1) kept at all times in the vehicle; and
(2) made available for inspection upon the demand of a law enforcement officer.
Notwithstanding IC 9-18-2-21, this subsection is not satisfied by keeping a reproduction of the certificate of registration in the vehicle or making a reproduction of the certificate of registration available for inspection.
(e) The fee to register and display an authentic license plate from the model year of an antique motor vehicle is as provided in IC 9-29-5-32.5.
(1) passenger motor vehicle;
(2) motorcycle;
(3) recreational vehicle; or
(4) vehicle registered as a truck with a declared gross weight of not more than
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
(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) lost sight in both eyes or suffered permanent impairment of vision in both eyes to the extent of being eligible for service-connected compensation for the loss;
(2) suffered the loss of one (1) or both feet or the permanent loss of use of one (1) or both feet;
(3) suffered the loss of one (1) or both hands or the permanent loss of use of one (1) or both hands;
(4) a United States Department of Veterans Affairs disability rating for a physical condition that precludes the person from walking without pain or difficulty; or
(5) been rated by the United States Department of Veterans Affairs as being one hundred percent (100%) disabled and is receiving service related compensation from the United States Department of Veterans Affairs.
(b) An application for a disabled Hoosier veteran license plate must be accompanied by a certificate from the:
(1) United States Department of Veterans Affairs; or
(2) appropriate branch of the armed forces of the United States;
confirming the eligibility of the person submitting the application for the disabled Hoosier veteran license plate.
(1) charged a fee for parking in a metered space; or
(2) assessed a penalty for parking in a metered space for longer than the time permitted.
(b) This section does not authorize parking of a motor vehicle in a
parking place during a time when parking in the space is prohibited if
the prohibition is:
(1) posted; and
(2) authorized:
(A) by ordinances in cities and towns; or
(B) by order of the Indiana department of transportation.
(c) A person other than the owner of the motor vehicle displaying
a disabled Hoosier veteran license plate authorized by this chapter is
not entitled to the parking privileges authorized by this section.
(1) may design and issue disabled Hoosier veteran license plates to implement this chapter; and
(2) shall administer this chapter relating to proper certification for a person applying for a disabled Hoosier veteran license plate.
(1) Identification numerals.
(2) The words "Disabled
(1) Antique motor vehicle license plates (IC 9-18-12).
(2) Recovery vehicle license plates (IC 9-18-13).
(3) Personalized license plates (IC 9-18-15).
(4) Prisoner of war license plates (IC 9-18-17).
(5) Disabled Hoosier veteran license plates (IC 9-18-18).
(6) Purple Heart license plates (IC 9-18-19).
(7) Indiana National Guard license plates (IC 9-18-20).
(8) Person with a disability license plates (IC 9-18-22).
(9) Amateur radio operator license plates (IC 9-18-23).
(10) In God We Trust license plates (IC 9-18-24.5).
(11) Pearl Harbor survivor license plates (IC 9-18-45.8).
(12) Hoosier veteran license plates (IC 9-18-50).
(13) Support our troops license plates (IC 9-18-51).
(14) Abraham Lincoln bicentennial license plates (IC 9-18-52).
(15) Indiana Gold Star family member license plates (IC 9-18-54).
(b) If a request is made under subsection (a), the bureau shall collect the following fees:
(1) The appropriate fee under IC 9-29-5-38(a).
(2) An annual fee of twenty-five dollars ($25).
(c) The annual fee referred to in subsection (b)(2) shall be collected by the bureau and deposited in a trust fund for the special group established under subsection (d).
(d) The treasurer of state shall establish a trust fund for each special group for which the bureau collects fees under this section.
(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds are invested. Interest that accrues from these investments shall be deposited in the fund. Money in the fund is continuously appropriated for the purposes of this section. Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(f) The commissioner shall administer the fund. Expenses of administering the fund shall be paid from money in the fund.
(g) Before June 30 of each year, the commissioner shall distribute the money from the fund to the special group for which the bureau has collected fees under this section.
(h) Subject to section 18 of this chapter, the bureau may not disclose information that identifies the persons to whom special group license plates have been issued under this section.
(i) If:
(1) representatives of a special group have collected an annual fee as set forth in subsection (a) from purchasers of the special group
recognition license plates that was paid directly to the special
group; and
(2) the representatives of the special group request the bureau to
collect the annual fee on behalf of the special group as set forth in
subsection (a);
representatives of the special group may request the bureau to change
the method of collection of the annual fee for the following calendar
year. The representatives of the special group must make a request
under this subsection by July 1 of the year preceding the year for which
the change has been requested. The group may request only one (1)
change in the method of collection in a plate cycle.
(j) If:
(1) the bureau collects an annual fee as set forth in subsection (a)
on behalf of a special group; and
(2) representatives of the special group request the bureau to
cease collection of the annual fee as set forth in subsection (a) on
behalf of the special group as the annual fee will be paid directly
to the special group by purchasers of the special group
recognition license plates;
representatives of the special group may request the bureau to change
the method of collection of the annual fee for the following calendar
year. The representatives of the special group must make a request
under this subsection by July 1 of the year preceding the year for which
the change has been requested. The group may request only one (1)
change in the method of collection in a plate cycle.
(1) is subject to an annual special group fee; and
(2) does not require an applicant to obtain authorization from the special group that sponsors the license plate.
(b) The application form must include a box for the applicant to check that states the following:
"By checking the above box, I am authorizing the bureau of motor vehicles to disclose my personal information included on this application form to the special group that sponsors the license plate for which I am applying. I understand that:
(1) the special group may contact me with information about its activities but may not use my personal information primarily for fundraising or solicitation purposes;
(2) the bureau will not disclose my personal information to any other person or group; and
(3) the special group will not disclose my personal information to any other person or group without my written consent.".
(c) If an applicant checks the box described in subsection (b), the bureau may disclose personal information about the applicant included on the application form only to the special group that sponsors the license plate.
(d) If a special group receives personal information disclosed under subsection (c), the special group:
(1) may contact the applicant with information about the special group's activities;
(2) may not contact the applicant primarily for fundraising or solicitation purposes; and
(3) may not disclose the applicant's personal information to any other person or group without the applicant's written consent.
(1) Completing an application for an Abraham Lincoln bicentennial license plate.
(2) Paying the
bicentennial license plate is the appropriate fee under IC 9-29-5-34.5.
are as follows:
(1) The appropriate fee under IC 9-29-5-34.7.
(2) An annual fee of twenty-five dollars ($25).
(b) The annual fee described in subsection (a)(2) shall be
collected by the bureau.
(c) The annual fee described in subsection (a)(2) shall be
deposited in the Indiana State Museum Foundation trust fund
established by section 7.5 of this chapter.
(b) The treasurer of state shall invest the money in the Indiana State Museum Foundation trust fund not currently needed to meet the obligations of the Indiana State Museum Foundation trust fund in the same manner as other public funds are invested. Interest that accrues from these investments shall be deposited in the Indiana State Museum Foundation trust fund. Money in the Indiana State Museum Foundation trust fund is continuously appropriated for the purposes of this section.
(c) The commissioner shall administer the Indiana State Museum Foundation trust fund. Expenses of administering the Indiana State Museum Foundation trust fund shall be paid from money in the fund.
(d) On June 30 of each year, the commissioner shall distribute the money from the Indiana State Museum Foundation trust fund to the Indiana State Museum Foundation, Inc. for use concerning the Lincoln collection.
(e) Money in the Indiana State Museum Foundation trust fund at the end of a state fiscal year does not revert to the state general fund.
Chapter 54. Indiana Gold Star Family Member License Plate
Sec. 1. As used in this chapter, "Gold Star family member" means:
(1) a biological parent;
(2) an adoptive parent;
(3) a stepparent;
(4) a biological child;
(5) an adopted child;
(6) a stepchild;
(7) a sibling by blood;
(8) a sibling by half blood;
(9) a sibling by adoption;
(10) a stepsibling;
(11) a grandparent;
(12) a great-grandparent; or
(13) the spouse;
of an individual who has died while serving on active duty, or dies as a result of injuries sustained while serving on active duty, as a member of the armed forces of the United States or the national guard (as defined in IC 10-16-1-13).
Sec. 2. The bureau shall design and issue an Indiana Gold Star family member license plate beginning January 1, 2010.
Sec. 3. An Indiana Gold Star family member license plate must include the following:
(1) A basic design for the plate, with consecutive numbers or letters, or both, to properly identify the vehicle.
(2) A background design, an emblem, or colors that designate the license plate as an Indiana Gold Star family member license plate.
(3) Any other information that the bureau considers necessary.
Sec. 4. An Indiana Gold Star family member license plate issued 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.
Sec. 5. A person who is an Indiana Gold Star family member and who is eligible to register and display a license plate on a vehicle under this title may receive an Indiana Gold Star family member license plate for one (1) or more vehicles after doing the following:
(1) Completing an application for an Indiana Gold Star family member license plate.
(2) Providing the bureau with appropriate documentation as
defined by the bureau to establish eligibility as an Indiana
Gold Star family member.
(3) Paying the fee under section 6 of this chapter.
Sec. 6. The fee for an Indiana Gold Star family member license
plate is the appropriate fee under IC 9-29-5-38.6.
(1) Be equipped with handlebars that rise not
(2) Be equipped with brakes in good working order on both front and rear wheels.
(3) Be equipped with footrests or pegs for both operator and passenger.
(4) Be equipped with lamps and reflectors meeting the standards of the United States Department of Transportation.
(b) A motorcycle manufactured before January 1, 1956, is not required to be equipped with lamps and other illuminating devices 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.
(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.
ownership and registration in the owner's or driver's home
state or country or is able at any required time or place to do
the following:
(i) Prove lawful possession or the right to operate the motor
vehicle.
(ii) Establish the nonresident's proper identity.
(7) (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.
(8) (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.
(9) (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.
(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.
(b) Except as provided in sections 10, 11, and 12 of this chapter, an operator's license issued to an applicant who is at least seventy-five (75) years of age expires at midnight of the birthday of the holder that occurs three (3) years following the date of issuance.
(c) Except as provided in subsections (b) and (d) and sections 10, 11, and 12 of this chapter, an operator's license issued under this article expires at midnight of the birthday of the holder that occurs six (6) years following the date of issuance.
(d) A probationary operator's license issued under IC 9-24-11-3
(e) A probationary license issued under IC 9-24-11-3.3 to an individual who complies with IC 9-24-9-2.5(5) through IC 9-24-9-2.5(9) expires:
(1) at midnight one (1) year after issuance if there is no expiration date on the authorization granted to the individual to remain in the United States; or
(2) if there is an expiration date on the authorization granted to the individual to remain in the United States, the earlier of the following:
(A) At midnight of the date the authorization to remain in the United States expires.
(B) At midnight of the date thirty (30) days after the twenty-first birthday of the holder.
(f) Except as provided in subsection (e), a probationary operator's license issued under IC 9-24-11-3.3 expires at midnight of the date thirty (30) days after the twenty-first birthday of the holder.
(1) Pass an eyesight examination.
(2) Pass a written examination if:
(A) the applicant has at least six (6) active points on the applicant's driving record maintained by the bureau; or
(B) the applicant holds a valid operator's license, has not reached the applicant's twenty-first birthday, and has active points on the applicant's driving record maintained by the bureau.
(b) The bureau may adopt rules under IC 4-22-2 concerning the ability of a holder of an operator's, a motorcycle operator's, a chauffeur's, or a public passenger chauffeur's license to renew the license by mail or by electronic service. If rules are adopted under this subsection, the rules must provide that an individual's renewal of a license by mail or by electronic service is subject to the following conditions:
(1) A valid computerized image of the individual must exist within the records of the bureau.
(2) The previous renewal of the individual's operator's, motorcycle
operator's, chauffeur's, or public passenger chauffeur's license
must not have been by mail or by electronic service.
(3) The application for or previous renewal of the individual's
license must have included a test of the individual's eyesight
approved by the bureau.
(4) If the individual were applying for the license renewal in
person at a license branch, the individual would not be required
under subsection (a)(2) to submit to a written examination.
(5) The individual must be a citizen of the United States, as
shown in the records of the bureau.
(6) There must not have been any change in the:
(A) address; or
(B) name;
of the individual since the issuance or previous renewal of the
individual's operator's, motorcycle operator's, chauffeur's, or
public passenger chauffeur's license.
(7) The operator's, motorcycle operator's, chauffeur's, or public
passenger chauffeur's license of the individual must not be:
(A) suspended; or
(B) expired;
at the time of the application for renewal.
(8) The individual must be less than seventy (70) seventy-five (75)
years of age at the time of the application for renewal.
(c) An individual applying for the renewal of an operator's, a
motorcycle operator's, a chauffeur's, or a public passenger chauffeur's
license must apply in person at a license branch under subsection (a)
if the individual is not entitled to apply by mail or by electronic service
under rules adopted under subsection (b).
(1) Furnishes proof satisfactory to the bureau that the permit or license was lost or destroyed.
(2) Pays the required fee for a replacement permit or license under IC 9-29-9.
apply for a replacement of an operator's, a motorcycle operator's,
a chauffeur's, or a public passenger chauffeur's license or a
learner's permit to the holder of the license or learner's permit by
electronic service. If rules are adopted under this subsection, the
rules must provide that issuance of a replacement license or
learner's permit by electronic service is subject to the following
conditions:
(1) A valid computerized image or digital photograph of the
individual must exist within the records of the bureau.
(2) The individual must be a citizen of the United States, as
shown in the records of the bureau.
(b) An individual applying for a replacement of an operator's,
a motorcycle operator's, a chauffeur's, or a public passenger
chauffeur's license or a learner's permit must apply in person at a
license branch if the individual is not entitled to apply by mail or
by electronic service under rules adopted under subsection (a).
(1) A valid computerized image or digital photograph of the individual must exist within the records of the bureau.
(2) The individual must be a citizen of the United States, as shown in the records of the bureau.
(b) An individual applying for:
(1) the renewal of an identification card; or
(2) a duplicate identification card;
must apply in person at a license branch if the individual is not entitled to apply by mail or by electronic service under rules adopted under subsection (a).
application for renewal of an identification card may be filed not more
than one (1) month before the expiration date of the identification card
held by the applicant. A renewal application received after the date of
expiration is considered to be a new application.
(b) Except as provided in subsection (e), a renewed card issued:
(1) before January 1, 2006, becomes valid on the birth date of the
holder and remains valid for four (4) years; and
(2) after December 31, 2005, is valid on the birth date of the
holder and remains valid for six (6) years.
(c) If renewal has not been made within six (6) months after
expiration, the bureau shall destroy all records pertaining to the former
cardholder.
(d) Renewal may not be granted if the cardholder was issued a
driver's license subsequent to the last issuance of an identification card.
(e) A renewed identification card issued under this article after
December 31, 2007, to an applicant who complies with section
3.5(1)(E) through 3.5(1)(J) of this chapter expires:
(1) at midnight one (1) year after issuance, if there is no
expiration date on the authorization granted to the individual to
remain in the United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
following:
(A) At midnight of the date the authorization of the holder to
be a legal permanent resident or conditional resident alien of
the United States expires.
(B) At midnight of the birthday of the holder that occurs six
(6) years after the date of issuance.
Chapter 5.1. International Reciprocity
Sec. 1. To facilitate the exchange of driver's licenses, the bureau shall negotiate and enter into a reciprocal agreement with a foreign country. However, the bureau may not negotiate or enter into a reciprocal agreement with a country that is listed as a state sponsor of terrorism as determined by the Secretary of State of the United States.
Sec. 2. A reciprocal agreement entered into under section 1 of this chapter must authorize the bureau to enter into a written agreement with a foreign country to waive one (1) or more of the examination requirements under IC 9-24 for obtaining an
operator's license from this state.
Sec. 3. A written reciprocity agreement entered into under
section 2 of this chapter must require an applicant from the foreign
country for an operator's license to possess:
(1) a valid operator's license or the equivalent from the
foreign country; or
(2) an international driving permit.
Sec. 4. The bureau shall report annually in an electronic format
under IC 5-14-6 regarding reciprocal agreements entered into
under this chapter to the general assembly before February 1 of
each year.
Sec. 5. The bureau shall adopt rules under IC 4-22-2 to carry
out this chapter.
is subject to an annual registration fee and any other fee or tax required of a person registering a vehicle under this title.
(1) who:
(A) if born in 1933, 1934, 1935, 1936, or 1937, is at least sixty (60) years of age; or
(B) if born before 1933 or after 1937, is at least sixty-five (65) years of age;
(2) who is eligible for Social Security disability payments under 42 U.S.C. 423;
(3) who is eligible for a disabled Hoosier veteran license plate under IC 9-18-18-1; or
(4) who is issued a prisoner of war license plate under IC 9-18-17-1;
may purchase or is eligible to receive an annual Golden Hoosier Passport.
(b) A Golden Hoosier Passport entitles:
(1) the resident;
(2) the resident's motor vehicle; and
(3) the resident's passengers;
to unlimited admission for one (1) calendar year to the Indiana state parks, recreation areas, reservoirs, forests, historic sites, museums, memorials, and other department properties for which admission is charged during the year for which the passport was issued.
(c) Except as provided in subsection (d), the fee for an annual Golden Hoosier Passport issued under this section is fifty percent (50%) of the fee that the department charges a resident who is not described in subsection (a)(1), (a)(2), or (a)(3) for unlimited admission for one (1) calendar year to the Indiana state parks, recreation areas, reservoirs, forests, historic sites, museums, memorials, and other department properties for which admission is charged.
(d) A fee may not be charged for an annual Golden Hoosier Passport issued under this section to a resident described in subsection (a)(4).
; (10)SE0407.1.41. --> SECTION 41. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 9-18-15-5; IC 9-18-15-15; IC 9-18-18-6.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 9-28-5.1-5, as added by this act.
(2) December 31, 2011.
(b) This SECTION expires June 30, 2015.
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