Bill Text: IN SB0458 | 2011 | Regular Session | Engrossed
Bill Title: Motor carriers and commercial drivers licenses.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-18 - SECTIONS 6 through 9 effective 07/01/2011 [SB0458 Detail]
Download: Indiana-2011-SB0458-Engrossed.html
Citations Affected: IC 6-6; IC 8-2.1; IC 9-20; IC 9-24.
Synopsis: Motor carriers and commercial drivers licenses. Requires
electronic filing and payment for motor carrier fuel use tax returns.
Provides that a passenger vehicle that has seats for more than nine
passengers does not have to be registered for the motor carrier fuel use
tax. Specifies that the responsibility for civil penalties for an
oversize/overweight violation is with the person whose United States
Department of Transportation number is registered on the vehicle
transporting the load. Authorizes the department of state revenue
(department) to impose a penalty that is less than the maximum penalty
for an oversize/overweight violation. Provides that, for purposes of
persons making occasional trips during eligible events, the department
may issue temporary authority or emergency temporary authority for
not more than 15 consecutive days. Changes commercial driver license
provisions to conform with federal regulations concerning medical
issues.
Effective: July 1, 2011; January 1, 2012.
(HOUSE SPONSORS _ DAVIS, PFLUM)
January 12, 2011, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
February 8, 2011, amended, reported favorably _ Do Pass.
February 14, 2011, read second time, amended, ordered engrossed.
February 15, 2011, engrossed. Read third time, passed. Yeas 50, nays 0.
March 28, 2011, read first time and referred to Committee on Roads and Transportation.
April 4, 2011, reported _ Do Pass.
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
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Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
that is propelled by motor fuel.
(b) This chapter does not apply to the following:
(1) A vehicle operated by:
(A) this state;
(B) a political subdivision (as defined in IC 36-1-2-13);
(C) the United States; or
(D) an agency of states and the United States, or of two (2) or more states, in which this state participates.
(2) A school bus (as defined by the laws of a state) operated by, for, or on behalf of a:
(A) state;
(B) political subdivision (as defined in IC 36-1-2-13) of a state; or
(C) private or privately operated school.
(3) A vehicle used in casual or charter bus operations.
(4) Trucks, trailers, or semitrailers and tractors that are qualified to be registered and used as farm trucks, farm trailers, or farm semitrailers and tractors and that are registered as such by the bureau of motor vehicles under IC 9-18 or under a similar law of another state.
(5) An intercity bus (as defined in IC 9-13-2-83).
(6) A vehicle described in subsection
(7) A recreational vehicle.
(8) A pickup truck that:
(A) is modified to include a third free rotating axle;
(B) has a gross weight not greater than twenty-six thousand (26,000) pounds; and
(C) is operated solely for personal use and not for commercial use.
(b) Subject to the restrictions of this subsection and subsection (c), the department may, by rules adopted under IC 4-22-2, exempt any carrier from the quarterly reporting requirements of this section. The department may exempt only a carrier who submits an annual affidavit attesting that:
(1) all or substantially all of the mileage of the carrier in the
previous calendar year was the result of operations in Indiana;
(2) all or substantially all of the motor fuel used in the operations
of the carrier in the previous calendar year was purchased in
Indiana; or
(3) the carrier is from a state that has a reciprocity agreement with
the state of Indiana relating to motor fuel taxes.
(c) The department may exempt carriers under subsection (b) only
if:
(1) granting exemptions will not adversely affect the enforcement
of this chapter; and
(2) the carriers that apply for exemptions purchased an equitable
amount of motor fuel in Indiana.
(d) Each carrier shall submit to the department any other reports
required by the department.
(e) All reports required to be filed under this chapter must be
filed in an electronic format prescribed by the department.
(f) All taxes required to be remitted under this chapter must be
remitted in an electronic format prescribed by the department.
(1) fails to file a quarterly report required by this chapter;
(2) fails to pay the tax imposed under section 4 or section 4.5 of this chapter;
(3) files a report after the date established under this chapter;
(4) with respect to a listed tax (as defined in IC 6-8.1-1-1), fails to file all tax returns or information reports or to pay all taxes, penalties, and interest;
(5) fails to file a form or report required under this chapter or the International Fuel Tax Agreement in an electronic format prescribed by the department; or
(6) fails to remit taxes under section 10(f) of this chapter;
the commissioner may suspend or revoke any annual permit, trip permit, temporary authorization, or repair and maintenance permit issued to the carrier. The commissioner may reinstate a permit or temporary authorization if a carrier files all required returns and reports and pays all outstanding liabilities.
(b) In addition to all other powers granted to the department under this chapter, the department may issue, in accordance with its rules, temporary authority or emergency temporary authority to the
following:
(1) Persons to whom permanent permits or certificates have been
issued. or to
(2) Persons who have filed new applications for permanent
permits or certificates. and also to
(3) Persons when there appears a necessity to make one (1) trip or
occasional trips, including during an eligible event.
The department may grant temporary authority or emergency
temporary authority under subdivision (3) during an eligible event
for a period not greater than fifteen (15) consecutive days.
(1) is imposed on the person whose United States Department of Transportation number is registered on the vehicle transporting the load;
(b) A person who violates IC 9-20-5-7 is subject to a civil penalty of not more than five hundred dollars ($500) for each violation.
(c) A person who obtains a permit under this article and violates this article is subject to a civil penalty of not more than five hundred dollars ($500) for the first violation and not more than one thousand dollars ($1,000) for each subsequent violation.
(d) A person who transports heavy vehicles or loads subject to this article and fails to obtain a permit required under this article is subject to a civil penalty of not more than five thousand dollars ($5,000) for each violation.
(e) A civil penalty imposed under this section may be assessed against a person only after an administrative hearing has been conducted at which the person has an opportunity to present information as to why the civil penalty should not be assessed.
meaning specified in paragraph (4) of the definition of CDL
downgrade as set forth in 49 CFR 383.5 as in effect on July 1, 2010.
(b) A commercial driver's license holder must provide the bureau with a copy of a current medical examination report and medical examiner's certificate each time a medical examination report and medical examiner's certificate are obtained by the commercial driver's license holder, regardless of whether the medical examiner certifies the driver as qualified.
(c) If a medical examination report does not certify that a commercial driver's license holder meets the physical standards in 49 CFR 391.41 or if the driver is otherwise unqualified, the commercial driver's license or permit holder is disqualified.
(d) The bureau shall make the final determination of whether a commercial driver's license applicant or holder meets the qualifications of 49 CFR 391.41. If the bureau determines that the applicant or holder does not meet the qualifications of 49 CFR 391.41, the applicant or holder is disqualified.
(e) If a commercial driver's license applicant or holder who is disqualified under subsection (c) or (d) attempts to transfer the commercial driver's license to another state, the commercial driver's license applicant or holder remains disqualified until the applicant or holder is able to establish to the bureau's satisfaction that the applicant or holder meets the qualifications of 49 CFR 391.41.
(f) With respect to the self-certification requirements of 49 CFR 383.71(a)(1), a commercial driver's license applicant must certify that the applicant expects to operate only in interstate commerce or only in intrastate commerce. In either case, the applicant remains subject to the requirements of 49 CFR 391.41, except as provided for by rule.
(g) This section applies to every commercial driver's license
applicant and every commercial driver's license holder regardless
of whether the applicant or holder will be operating in excepted
commerce, as described in 49 CFR 383.71(a)(1)(ii)(B) and (D).
(1) The driver's medical certification or federally granted medical variance expires.
(2) The bureau receives notification that the driver's federally granted medical variance was removed or rescinded.
Not later than sixty (60) days after the occurrence of a circumstance described in subdivision (1) or (2), the bureau shall initiate a downgrade of the driver's commercial driver's license.
(b) To prevent the driver's commercial driver's license from being downgraded:
(1) a driver whose medical certification has expired must submit a current and qualifying medical examination report and medical examiner's certificate not later than sixty (60) days after the bureau has initiated a downgrade; or
(2) a driver whose federally granted medical variance was removed or rescinded must submit a new federally granted medical variance not later than sixty (60) days after the bureau has initiated a downgrade.
(c) The bureau shall provide written notice to a driver at least ten (10) days before initiating a downgrade of the driver's commercial driver's license informing the driver:
(1) that the driver is not medically certified due to the expiration of the driver's medical certificate or because the driver's federally granted medical variance was removed or rescinded; and
(2) how the driver can prevent the driver's commercial driver's license from being downgraded.
(d) The bureau shall not issue a commercial driver's license to an applicant who does not certify that the applicant expects to operate only in interstate commerce or only in intrastate commerce.
