Bill Text: IN SB0528 | 2011 | Regular Session | Enrolled
Bill Title: Various motor vehicle issues.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-05-18 - Effective 01/01/2012 [SB0528 Detail]
Download: Indiana-2011-SB0528-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 motor vehicles.
(b) A cash refund may not be made on a credit issued under subsection (a) on the sale of a boat. A tax credit is transferable from one (1) member of the same immediate family to another member of the same family with no consideration involved or received as an outright gift or inheritance.
(1) been in business for not less than five (5) years; and
(2) sold not less than one hundred fifty (150) motor vehicles
during the preceding calendar year.
(b) This section does not apply to the following:
(1) A new motor vehicle or recreational vehicle sold by a dealer
licensed by the state.
(2) A motor vehicle or recreational vehicle transferred or assigned
on a certificate of title issued by the bureau.
(3) A motor vehicle that is registered under the International
Registration Plan.
(4) A motor vehicle that is titled in the name of a financial
institution, lending institution, or insurance company in Canada
and imported by a registered importer, if:
(A) the registered importer complies with section 12.5(a) of
this chapter; and
(B) section 12.5(d) of this chapter does not apply to the motor
vehicle.
(5) A motor vehicle that is titled in another state and is in the
lawful possession of a financial institution, a lending institution,
or an insurance company, if:
(A) the financial institution, lending institution, or insurance
company complies with section 12.5(b) of this chapter; and
(B) section 12.5(d) of this chapter does not apply to the motor
vehicle.
(c) An application for a certificate of title for a motor vehicle or
recreational vehicle may not be accepted by the bureau unless the
motor vehicle or recreational vehicle has been inspected by one (1) of
the following:
(1) An employee of a dealer designated by the secretary of state
to perform an inspection.
(2) A military policeman assigned to a military post in Indiana.
(3) A police officer.
(4) A designated employee of the bureau.
(5) An employee of a qualified person operating under a
contract with the commission under IC 9-16-1-4 for operation
of a full service license branch.
(6) An employee of a qualified person operating under a
contract with the commission under IC 9-16-1-4.5 for
operation of a partial service license branch.
(d) A person described in subsection (c) inspecting a motor vehicle,
semitrailer, or recreational vehicle shall do the following:
(1) Make a record of inspection upon the application form
prepared by the bureau.
(2) Verify the facts set out in the application.
(1) The state police department.
(2) The department of natural resources.
(3) County police departments.
(4) City police departments.
(5) The department of correction, for designated departmental vehicles used by correctional police officers appointed under IC 11-8-9-1.
(1) lost;
(2) mutilated; or
(3) destroyed;
the person in whose name the license plate was issued may obtain from the bureau a duplicate or a replacement license plate by filing with the bureau an application on a form provided by the bureau duly sworn to as provided in IC 9-18-2.
(b) If a license plate is lost, the bureau may not issue a duplicate or replacement license plate until the person in whose name the plate was issued has first notified:
(1) the Indiana law enforcement agency that has jurisdiction where the loss occurred; or
(2) the law enforcement agency that has jurisdiction over the address listed on the registration;
that the original license plate has been lost.
(c) A law enforcement agency to whom a loss is reported shall complete and present to the person reporting the loss a form provided by the bureau indicating that the loss has been reported.
(d) The person must present the form described under subsection (c) to the bureau before a replacement license plate may be obtained.
(e) If a license plate for a commercial vehicle is lost, mutilated, or destroyed, the person in whose name the plate was issued shall notify:
(1) the Indiana law enforcement agency that has jurisdiction where the loss occurred; and
(2) the bureau;
that the original license plate has been lost, mutilated, or destroyed. In order to receive a duplicate or a replacement license plate, the person in whose name the license plate was issued must complete and submit
to the bureau an application and affidavit designed by the bureau.
(f) The bureau shall charge a fee for a duplicate or replacement
license plate under subsections (b) and (e) as set forth in IC 9-29-5-17.
(g) A duplicate or replacement license plate must be displayed
in the same manner as the original license plate was displayed.
(1) operator's license;
(2) chauffeur's license;
(3) public passenger chauffeur's license;
(4) commercial driver's license;
(5) driver's license listed in subdivision (1), (2), (3) or (4) with a motorcycle
(6) learner's permit;
issued to the individual by the bureau under this article to drive upon an Indiana highway the type of motor vehicle for which the license or permit was issued.
(1) An operator's, a chauffeur's,
(b) An individual who held a motorcycle operator's license on June 30, 2011, must hold an operator's, a chauffeur's, a public passenger chauffeur's, or a commercial driver's license with a motorcycle endorsement in order to operate the motorcycle after June 30, 2011.
(b) Except as provided in subsection (g), a person must meet at least one (1) of the following conditions to obtain
(1) Satisfactorily complete the written test
(A) satisfactorily complete an approved operational skills test; or
(B) satisfactorily complete a motorcycle operator safety education course approved by the department of education as set forth in IC 20-30-13-9.
(2) Hold a current motorcycle operator endorsement or motorcycle operator's license from any other jurisdiction and successfully complete the written test.
(c) The bureau may not issue a motorcycle
(d) If an applicant for a motorcycle license
(e) The bureau shall develop and implement both a written test and an operational skills test that must be designed to determine whether an applicant for a motorcycle
operational skills tests and the provisions of the operational skills test.
An individual applying for a motorcycle operator's license or
endorsement must pass the written exam before taking the operational
skills test. If an applicant fails to satisfactorily complete either the
written or operational tests, the applicant may reapply for and must be
offered the examination upon the same terms and conditions as
applicants may reapply for and be offered examinations for an
operator's license. The bureau shall publish and make available at all
locations where an individual may apply for an operator's license
information concerning a motorcycle operator licensing or
endorsement.
(f) An individual who
(1) has held a motorcycle learner's permit for at least thirty (30)
days or
(2) holds a temporary motorcycle learner's permit, has
successfully completed an approved motorcycle driver education
and training course, and possesses a valid operator's, chauffeur's,
or public passenger chauffeur's license;
may apply for a motorcycle operator's license or endorsement not later
than the expiration date of the holder's permit. However, not more than
three (3) examinations may be allowed a holder during the period the
permit is valid. A holder of An individual who holds a learner's permit
or a temporary learner's permit who and does not pass the written and
operating skills examination during the period for which the permit is
valid must obtain a new learner's permit.
(g) A person who held a valid Indiana motorcycle operator's
license on June 30, 2011, may be issued a motorcycle operator's
endorsement after June 30, 2011 on a valid Indiana operator's,
chauffeur's, public passenger chauffeur's, or commercial driver's
license after:
(1) making the appropriate application for endorsement; and
(2) paying the appropriate fee set forth in IC 9-29-9-7 or
IC 9-29-9-8.
(1) The full legal name of the permittee or licensee.
(2) The date of birth of the permittee or licensee.
(3) The address of the principal residence of the permittee or licensee.
(4) The hair color and eye color of the permittee or licensee.
(5) The date of issue and expiration date of the permit or license.
(6) The gender of the permittee or licensee.
(7) The unique identifying number of the permit or license.
(8) The weight of the permittee or licensee.
(9) The height of the permittee or licensee.
(10) A reproduction of the signature of the permittee or licensee.
(11) If the permittee or licensee is less than eighteen (18) years of age at the time of issuance, the dates on which the permittee or licensee will become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(12) If the permittee or licensee is at least eighteen (18) years of age but less than twenty-one (21) years of age at the time of issuance, the date on which the permittee or licensee will become twenty-one (21) years of age.
(13) Except as provided in subsection (b),
(b)
(c) The bureau may provide for the omission of a photograph or computerized image from any
(d) The information contained on the permit or license as required by subsection (a)(11) or (a)(12) for a permittee or licensee who is less than twenty-one (21) years of age at the time of issuance shall be printed prominently on the permit or license.
(e) This subsection applies to a permit or license issued after January 1, 2007. If the applicant for a permit or license submits information to the bureau concerning the applicant's medical condition, the bureau shall place an identifying symbol on the face of the permit or license to indicate that the applicant has a medical condition of note. The bureau shall include information on the permit or license that briefly describes the medical condition of the holder of the permit or license. The information must be printed in a manner that alerts a person reading the permit or license to the existence of the medical condition. The permittee or licensee is responsible for the accuracy of
the information concerning the medical condition submitted under this
subsection. The bureau shall inform an applicant that submission of
information under this subsection is voluntary.
(f) Any license or permit issued by the state that does not require a
digital photograph must include a statement that indicates that the
license or permit may not be accepted by any federal agency for federal
identification or any other federal purpose.
(g) A license or permit issued by the state to an individual who:
(1) has a valid, unexpired nonimmigrant visa or has nonimmigrant
visa status for entry in the United States;
(2) has a pending application for asylum in the United States;
(3) has a pending or approved application for temporary protected
status in the United States;
(4) has approved deferred action status; or
(5) has a pending application for adjustment of status to that of an
alien lawfully admitted for permanent residence in the United
States or conditional permanent residence status in the United
States;
must be clearly identified as a temporary license or permit. A
temporary license or permit issued under this subsection may not be
renewed without the presentation of valid documentary evidence
proving that the licensee's or permitee's permittee's temporary status
has been extended.
(h) The bureau may adopt rules under IC 4-22-2 to carry out this
section.
(i) For purposes of subsection (a), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the address of the individual's
principal residence, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the address of the
individual's principal residence.
(1) an operator's license;
under this article may be filed not more than twelve (12) months before the expiration date of the license or identification card held by the
applicant.
(b) When the applicant complies with IC 9-24-9-2.5(5) through
IC 9-24-9-2.5(10), an application for renewal of a driver's license in
subsection (a)(1), (a)(2), or (a)(3) or (a)(4) may be filed not more than
one (1) month before the expiration date of the license held by the
applicant.
(c) When the applicant complies with IC 9-24-16-3.5(1)(E) through
IC 9-24-16-3.5(1)(J), an application for renewal of an identification
card in subsection (a)(5) may be filed not more than one (1) month
before the expiration date of the identification card held by the
applicant.
(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,
(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,
(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 more than one hundred eighty (180) days;
at the time of the application for renewal.
(8) The individual must be less than seventy (70) 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).
chapter, after June 30, 2005:
(1) an operator's; or
(2) a chauffeur's; or
(3) a motorcycle operator's;
license issued to or renewed by a driver who is at least eighty-five (85)
years of age expires at midnight of the birthday of the holder that
occurs two (2) years following the date of issuance.
(1) IC 9-24-3;
(2) IC 9-24-4; or
(3) IC 9-24-5.
(b) If the birthday of a holder on which the holder's driver's license issued under a chapter referred to in subsection (a) would otherwise expire falls on:
(1) Sunday;
(2) a legal holiday (as set forth in IC 1-1-9-1); or
(3) a weekday when all license branches, full service providers, and partial services providers in the county of residence of the holder are closed;
the driver's license of the holder does not expire until midnight of the first day after the birthday on which a license branch, full service provider, or partial services provider is open for business in the county of residence of the holder.
(1) IC 9-24-3;
(2) IC 9-24-4; and
(3) IC 9-24-5.
(b) A driver's license listed in subsection (a) that is issued after December 31, 2007, to an applicant who complies with IC 9-24-9-2.5(5) through IC 9-24-9-2.5(10) 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.
(1) an individual holding a license or permit issued under this article changes the address shown on the license or permit application; or
(2) the name of a licensee or permittee is changed by marriage or otherwise;
the licensee or permittee shall make application for
(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,
as provided in section 6.5 of this chapter, the court may do either of the
following:
(1) Refuse to grant the petition.
(2) Make a final determination in the nature of a recommendation
to the bureau that the petitioner be granted a restricted driving
permit.
The judge of the court shall sign the recommendation and have the
recommendation entered in the order book by the clerk of the court,
with a copy sent to the bureau.
(b) If the court recommends that a person who is a habitual traffic
violator under IC 9-30-10 be granted a restricted driving permit, the
court shall require the person to submit to reasonable monitoring
requirements.
(1) The person was not convicted of one (1) or more of the following:
(A) A Class D felony under IC 9-30-5-4 before July 1, 1996, or a Class D felony or a Class C felony under IC 9-30-5-4 after June 30, 1996.
(B) A Class C felony under IC 9-30-5-5 before July 1, 1996, or a Class C felony or a Class B felony under IC 9-30-5-5 after June 30, 1996.
(2) The person's driving privileges were suspended under IC 9-30-6-9(c) or IC 35-48-4-15.
(3) The driving that was the basis of the suspension was not in connection with the person's work.
(4) The person does not have a previous conviction for operating while intoxicated.
(5) The person is participating in a rehabilitation program certified by either the division of mental health and addiction or the Indiana judicial center as a condition of the person's probation.
(b) The person filing the petition for a restricted driving permit shall include in the petition the information specified in subsection (a) in addition to the information required by sections 3 through 4 of this chapter.
(c) Whenever the court grants a person restricted driving privileges under this chapter, that part of the court's order granting probationary
driving privileges shall not take effect until the person's driving
privileges have been suspended for at least thirty (30) days under
IC 9-30-6-9. In a county that provides for the installation of an ignition
interlock device under IC 9-30-8, installation of an ignition interlock
device is required as a condition of probationary driving privileges for
the entire duration of the probationary driving privileges.
(d) If a court requires installation of a certified ignition interlock
device under subsection (c), the court shall order the bureau to record
this requirement in the person's operating record in accordance with
IC 9-14-3-7. When the person is no longer required to operate only a
motor vehicle equipped with an ignition interlock device, the court
shall notify the bureau that the ignition interlock use requirement has
expired and order the bureau to update its records accordingly.
(e) If the court recommends that a person who is a habitual traffic
violator under IC 9-30-10 be granted a restricted driving permit, the
court shall require the person to submit to reasonable monitoring
requirements.
(1) to and from the petitioner's regular place of employment;
(2) in the course of the petitioner's regular employment;
(3) to and from the petitioner's place of worship; or
(4) to participate in parenting time with the petitioner's children consistent with a court order granting parenting time;
the court may grant a petition for a restricted driving permit filed under this chapter.
(b) A restricted driving permit issued by the bureau under this section must specify that the restricted driving permit is valid only for purposes of driving under the conditions described in subsection (a).
(c) A restricted driving permit issued by the bureau under this section shall be:
(1) issued in the same manner; and
(2) subject to all requirements;
as other permits under this chapter.
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2012]: Sec. 9. (a) Except as provided in subsection (b)
and section 6.5 of this chapter, an individual may not receive a
restricted driving permit if the individual's driving privileges are
suspended under IC 9-30-5 through IC 9-30-9 or IC 9-30-13-3.
(b) If the individual's driving privileges are suspended under
IC 9-30-6-9(c) and the individual does not have a previous conviction
for operating while intoxicated, the individual may receive a restricted
driving permit if the individual otherwise qualifies for the permit.
(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.
(3) 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 identification card of the individual.
(4) The identification card of the individual must not be expired more than one hundred eighty (180) days at the time of the application for renewal.
(b) An individual applying for:
(1) the renewal of an identification card; or
(2) a
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) an amended identification card if
conditions exist:
(1) any information contained on the card becomes invalid or
obsolete; or
(2) a replacement identification card if the card is lost, stolen,
damaged, or destroyed.
(1) an original;
(2) a renewal of an; or
(3) a
identification card to an individual described in subsection (b).
(b) An identification card must be issued without the payment of a fee or charge to an individual who:
(1) does not have a valid Indiana driver's license; and
(2) will be at least eighteen (18) years of age at the next general, municipal, or special election.
(1) knowingly permits the use of an identification card issued under this chapter by a person other than the person to whom the card was issued;
(2) knowingly displays or represents as the person's own identification card issued under this chapter an identification card that was not issued to the person displaying the card;
(3) does not surrender, upon demand of the proper official, an identification card issued under this chapter that has become invalid or expired; or
(4) knowingly sells, offers to sell, buys, possesses, or offers a false
identification card that could reasonably be mistaken for a valid
identification card required by this chapter to be issued by the
bureau but that has not been issued by the bureau;
commits a Class B misdemeanor.
(b) A person who:
(1) knowingly or intentionally uses false information in an
application:
(A) for an identification card issued under this chapter; or
(B) for a renewal, amendment, or duplicate replacement of
an identification card issued under this chapter; or
(2) knowingly or intentionally makes a false statement or
otherwise commits fraud in an application for an identification
card issued under this chapter;
commits application fraud, a Class D felony.
(1) Display, cause or permit to be displayed, or have in possession a license or permit issued under this article knowing that the license or permit is fictitious or has been canceled, revoked, suspended, or altered.
(2) Lend to a person or knowingly permit the use by a person not entitled to use a license or permit a license or permit issued under this article.
(3) Display or represent as the person's license or permit issued under this article a license or permit not issued to the person.
(4) Fail or refuse to surrender, upon demand of the proper official, a license or permit issued under this article that has been suspended, canceled, or revoked as provided by law.
(5) Knowingly sell, offer to sell, buy, possess, or offer as genuine, a license or permit required by this article to be issued by the bureau that has not been issued by the bureau under this article or by the appropriate authority of any other state.
A person who knowingly or intentionally violates this subsection commits a Class C misdemeanor.
(b) A person who:
(1) knowingly or intentionally uses a false or fictitious name or gives a false or fictitious address in an application:
(A) for a license or permit issued under this article; or
(B) for a renewal, amendment, or
(2) knowingly or intentionally makes a false statement or conceals a material fact or otherwise commits a fraud in an application for a license or permit issued under this article;
commits application fraud, a Class D felony.
(b) For the purpose of providing adequate and sufficient funds for the crossroads 2000 fund established under IC 8-14-10-9, and subject to subsection (c), after June 30, 1997, with the approval of the bureau of motor vehicles commission the bureau of motor vehicles may adopt rules under IC 4-22-2 to increase, by an amount that is in addition to the fees specified by statute, the fees under the following:
IC 9-29-4-3
IC 9-29-5
IC 9-29-9-1
IC 9-29-9-2
IC 9-29-9-3
IC 9-29-9-4
IC 9-29-9-5
IC 9-29-9-7
IC 9-29-9-8
IC 9-29-9-9
IC 9-29-9-11
IC 9-29-9-13
IC 9-29-9-14
IC 9-29-15-1
IC 9-29-15-2
IC 9-29-15-3
IC 9-29-15-4
The amount of fees increased under this section shall first be deposited into the crossroads 2000 fund established under IC 8-14-10-9.
(c) The bureau's authority to adopt rules under subsection (b) is
subject to the condition that a fee increase must be uniform throughout
all license branches and at all partial service locations in Indiana.
(d) If a fee imposed by a statute listed in subsection (b) is
eliminated, the amount of the fee increase set forth in a rule adopted
under this section before July 1, 2007, with respect to the fee must be:
(1) collected by the bureau notwithstanding the elimination of the
underlying fee;
(2) collected in addition to all other fees collected at the time of
the underlying transaction; and
(3) deposited in the crossroads 2000 fund established under
IC 8-14-10-9.
(b) The service charge for a
(1) at least seventy-five (75) years of age is three dollars ($3); and
(2) less than seventy-five (75) years of age is four dollars and fifty cents ($4.50).
JANUARY 1, 2012]: Sec. 8. The fee for validation of a motorcycle
operator endorsement under IC 9-24-8-4 and IC 9-24-12-7(c)
IC 9-24-12-7 of a chauffeur's license issued to an individual who is:
(1) at least seventy-five (75) years of age is three dollars ($3); and
(2) less than seventy-five (75) years of age is four dollars and fifty
cents ($4.50).
(1) For an individual at least sixty-five (65) years of age or an individual with a physical disability and not entitled to obtain a driver's license, three dollars and fifty cents ($3.50).
(2) For any other individual, six dollars ($6).
(1) the bureau shall comply with the recommendation of suspension, and the driving privileges of the person remain suspended for the period set by the court; and
(2) the person shall surrender to the court all licenses, permits, or receipts issued to the person, and the court shall immediately forward the licenses, permits, or receipts to the bureau with the abstract of conviction or judgment.
(b) Except as provided in subsection (c), during the three (3) years following the termination of the suspension the person's driving privileges remain suspended until the person provides proof of future financial responsibility in force under IC 9-25.
(c) If a court recommends suspension of a person's driving privileges for a conviction under IC 9-30-5, during the three (3) years following the termination of the suspension the person's driving privileges remain suspended until the person provides proof of future financial responsibility in force under IC 9-25. However, if a court recommends suspension of the driving privileges of a person who is arrested for or charged with an offense committed under IC 9-30-5, the person is not required to provide proof of future financial responsibility under IC 9-25 unless the person is convicted under IC 9-30-5.
who has provided proof of future financial responsibility under
IC 9-25 fails to maintain the proof, the bureau shall suspend the
person's driving privileges until the person again provides proof of
future financial responsibility under IC 9-25.
(d) (e) An agency action under this section is not subject to
IC 4-21.5.
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation of a motor vehicle in accordance with the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159.113 Stat. 1748).
(b) If a court finds that a person:
(1) is a habitual violator under section 4(c) of this chapter;
(2) has not been previously placed on probation under this section by a court;
(3) operates a vehicle for commercial or business purposes, and the person's mileage for commercial or business purposes:
(A) is substantially in excess of the mileage of an average driver; and
(B) may have been a factor that contributed to the person's poor driving record; and
(4) does not have:
(A) a judgment for a violation enumerated in section 4(a) of this chapter; or
(B) at least three (3) judgments (singularly or in combination and not arising out of the same incident) of the violations enumerated in section 4(b) of this chapter;
the court may place the person on probation in accordance with subsection (d).
(c) If a court finds that a person:
(1) is a habitual violator under section 4(b) of this chapter;
(2) has not been previously placed on probation under this section by a court;
(3) does not have a judgment for any violation listed in section 4(a) of this chapter;
(4) has had the person's driving privileges suspended under this chapter for at least five (5) consecutive years; and
(5) has not violated the terms of the person's suspension by
operating a vehicle;
the court may place the person on probation in accordance with
subsection (d). However, if the person has any judgments for operation
of a vehicle before July 1, 2001, while intoxicated or with an alcohol
concentration equivalent to at least ten-hundredths (0.10) gram of
alcohol per one hundred (100) milliliters of the blood or two hundred
ten (210) liters of the breath, or for the operation of a vehicle after June
30, 2001, while intoxicated or with an alcohol concentration equivalent
to at least eight-hundredths (0.08) gram of alcohol per one hundred
(100) milliliters of the blood or two hundred ten (210) liters of the
breath, the court, before the court places a person on probation under
subsection (d), must find that the person has successfully fulfilled the
requirements of a rehabilitation program certified by one (1) or both of
the following:
(A) The division of mental health and addiction.
(B) The Indiana judicial center.
(d) Whenever a court places a habitual violator on probation, the
court:
(1) shall record each of the court's findings under this section in
writing;
(2) shall obtain the person's driver's license or permit and send the
license or permit to the bureau;
(3) shall direct the person to apply to the bureau for a restricted
driver's license;
(4) shall order the bureau to issue the person an appropriate
license;
(5) shall place the person on probation for a fixed period of not
less than three (3) years and not more than ten (10) years;
(6) shall attach restrictions to the person's driving privileges,
including restrictions limiting the person's driving to:
(A) commercial or business purposes or other employment
related driving;
(B) specific purposes in exceptional circumstances;
(C) rehabilitation programs; and
(D) specified hours during which the person may drive;
(7) shall require the person to submit to reasonable monitoring
requirements;
(8) shall order the person to file proof of financial responsibility
for three (3) years following the date of being placed on
probation; and
(9) shall impose other appropriate conditions of probation, which
must include one (1) or more of the following conditions if the
person was determined to be a habitual violator under
IC 9-30-10-4(a)(4) through IC 9-30-10-4(a)(7) or
IC 9-30-10-4(b)(1) through IC 9-30-10-4(b)(4), and at least one
(1) of the offenses occurred within five (5) years prior to the
granting of the probationary or restricted license:
(A) An order prohibiting the person from operating a motor
vehicle or motorized bicycle with an alcohol concentration
equivalent to at least two-hundredths (0.02) gram of alcohol
per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while under the influence of any other intoxicating
substance.
(B) An order that the person submit to a method to monitor the
person's compliance with the prohibition against operating a
motor vehicle or motorized bicycle with an alcohol
concentration equivalent to at least two-hundredths (0.02)
gram of alcohol per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86).
(C) The court shall determine the appropriate monitoring
method, which may include one (1) or more of the following:
(i) The person may operate only a motor vehicle equipped
with an ignition interlock device.
(ii) The person must submit to a chemical test if a law
enforcement officer lawfully stops the person while
operating a motor vehicle or motorized bicycle and the law
enforcement officer requests that the person submit to a
chemical test.
(iii) The person must wear a device that detects and records
the person's use of alcohol.
(iv) The person must submit to any other reasonable
monitoring requirement as determined by the court.
(e) If a court finds that a person:
(1) is a habitual violator under section 4(b) or 4(c) of this chapter;
(2) does not have any judgments for violations under section 4(a)
of this chapter;
(3) does not have any judgments or convictions for violations
under section 4(b) of this chapter, except for judgments or
convictions under section 4(b)(5) of this chapter that resulted
from driving on a suspended license that was suspended for:
(A) the commission of infractions only; or
(B) previously driving on a suspended license;
(4) has not been previously placed on probation under this section by a court; and
(5) has had the person's driving privileges suspended under this chapter for at least three (3) consecutive years and has not violated the terms of the person's suspension by operating a vehicle for at least three (3) consecutive years;
the court may place the person on probation under subsection (d).
(1) The time specified for the person's probation or the restriction or suspension of the person's license has elapsed.
(2) The person has met all the requirements of all applicable statutes and rules relating to the licensing of motor vehicle operators.
(3) The person files with the bureau and maintains for three (3) years after filing proof of financial responsibility in accordance with IC 9-25.
(4) The bureau places a restriction on the person's driver's license and driving record that indicates the person is prohibited from operating a motor vehicle or motorized bicycle with an alcohol concentration equivalent to at least two-hundredths (0.02) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86) for three (3) years after the bureau issues the driver's license to the person.
(5) The person signs a bureau form by which the person agrees that as a condition to obtaining the driver's license the person will submit to a chemical test at any time during the period three (3) years after the bureau issues the driver's license to the person if a law enforcement officer lawfully stops the person while operating a motor vehicle or motorized bicycle and the law enforcement officer requests that the person submit to a chemical test.
(b) The bureau may issue a license to operate a motor vehicle to a habitual violator whose driving privileges have been suspended for life if the following conditions exist:
(1) The bureau has received an order for rescission of suspension and reinstatement issued under section 15 of this chapter.
(2) The person to whom the license is to be issued has never been convicted of a violation described in section 4(a) or 17 of this chapter.
(3) The person has not been convicted of an offense under section 16 of this chapter more than one (1) time.
(4) The person has met all the requirements of all applicable statutes and rules relating to the licensing of motor vehicle operators.
(5) The person files with the bureau, and maintains for three (3) years after filing proof of financial responsibility in accordance with IC 9-25.
(6) The bureau places a restriction on the person's driver's license and driving record that indicates the person is prohibited from operating a motor vehicle or motorized bicycle with an alcohol concentration equivalent to at least two-hundredths (0.02) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86) for three (3) years after the bureau issues the driver's license to the person.
(7) The person signs a bureau form by which the person agrees that as a condition to obtaining the driver's license the person will submit to a chemical test at any time during the period three (3) years after the bureau issues the driver's license to the person if a law enforcement officer lawfully stops the person while operating a motor vehicle or motorized bicycle and the law enforcement officer requests that the person submit to a chemical test.
(c) A habitual violator is not eligible for relief under the hardship provisions of IC 9-24-15.
(1) the bureau of motor vehicles shall comply with the order for invalidation or denial of issuance; and
(2) the child shall surrender to the court all driver's licenses or permits of the child and the court shall immediately forward the
licenses or permits to the bureau of motor vehicles.
If a juvenile court recommends suspension of driving privileges under
section 17.3 of this chapter, IC 9-30-6-12(b), IC 9-30-6-12(c), and
IC 9-30-6-12(d), and IC 9-30-6-12(e) apply to the child's driving
privileges.
; (11)SE0528.1.40. --> SECTION 40. THE FOLLOWING ARE REPEALED [EFFECTIVE JANUARY 1, 2012]: IC 9-18-6-3; IC 9-24-8-2; IC 9-24-14-3; IC 9-24-16-8; IC 9-29-9-6; IC 9-29-9-10.
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned
