Bill Text: IN SB0620 | 2013 | Regular Session | Enrolled
Bill Title: Proof of financial responsibility.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-05-13 - Public Law 59 [SB0620 Detail]
Download: Indiana-2013-SB0620-Enrolled.html
First Regular Session 118th General Assembly (2013)
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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SENATE ENROLLED ACT No. 620
AN ACT to amend the Indiana Code concerning motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-13-2-177.3; (13)SE0620.1.1. -->
SECTION 1. IC 9-13-2-177.3, AS AMENDED BY P.L.185-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 177.3. (a) "Telecommunications device", for
purposes of IC 9-21-8, IC 9-25-4-7, and IC 9-24-11-3.3, means an
electronic or digital telecommunications device. The term includes a:
(1) wireless telephone;
(2) personal digital assistant;
(3) pager; or
(4) text messaging device.
(b) The term does not include:
(1) amateur radio equipment that is being operated by a person licensed as an amateur radio operator by the Federal Communications Commission under 47 CFR Part 97; or
(2) a communications system installed in a commercial motor vehicle weighing more than ten thousand (10,000) pounds.
(1) wireless telephone;
(2) personal digital assistant;
(3) pager; or
(4) text messaging device.
(b) The term does not include:
(1) amateur radio equipment that is being operated by a person licensed as an amateur radio operator by the Federal Communications Commission under 47 CFR Part 97; or
(2) a communications system installed in a commercial motor vehicle weighing more than ten thousand (10,000) pounds.
SOURCE: IC 9-25-1-1; (13)SE0620.1.2. -->
SECTION 2. IC 9-25-1-1 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 1. This article does not apply to a judgment in a civil
action.
SOURCE: IC 9-25-1-4; (13)SE0620.1.3. -->
SECTION 3. IC 9-25-1-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 4. The provisions of this article
relating to insurance financial responsibility do not apply to a person
who has registered a motor vehicle in Indiana if the person obtains a
certificate of self-insurance from the bureau under IC 9-25-4-11.
SOURCE: IC 9-25-3-1; (13)SE0620.1.4. -->
SECTION 4. IC 9-25-3-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. The bureau has shall have access
to all reports of motor vehicle accidents filed with the state police
department to administer this article.
SOURCE: IC 9-25-3-2; (13)SE0620.1.5. -->
SECTION 5. IC 9-25-3-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Whenever under Indiana law
the bureau may suspend or revoke a driver's license or driving
privileges if the operator of a motor vehicle is a resident of Indiana, the
bureau may suspend or revoke the driver's license or driving
privileges of or forbid the operation of a motor vehicle in Indiana
owned by an operator who is a nonresident.
(b) Whenever under Indiana law the bureau may suspend or revoke the registration certificate and registration plates of a motor vehicle if the owner of the motor vehicle is a resident of Indiana, the bureau may forbid the operation within Indiana of a motor vehicle if the owner of the motor vehicle is a nonresident.
(c) The bureau shall transmit to the motor vehicle bureau or state officer performing the functions of a bureau in the state in which a nonresident resides a certified copy of the following:
(1) A conviction of, or an administrative action concerning, the nonresident that has resulted in the suspension of the nonresident's driving privilege in Indiana.
(2) An unsatisfied judgment rendered against a nonresident that has resulted in the suspension of the nonresident's driving privilege in Indiana.
(b) Whenever under Indiana law the bureau may suspend or revoke the registration certificate and registration plates of a motor vehicle if the owner of the motor vehicle is a resident of Indiana, the bureau may forbid the operation within Indiana of a motor vehicle if the owner of the motor vehicle is a nonresident.
(c) The bureau shall transmit to the motor vehicle bureau or state officer performing the functions of a bureau in the state in which a nonresident resides a certified copy of the following:
(1) A conviction of, or an administrative action concerning, the nonresident that has resulted in the suspension of the nonresident's driving privilege in Indiana.
(2) An unsatisfied judgment rendered against a nonresident that has resulted in the suspension of the nonresident's driving privilege in Indiana.
SOURCE: IC 9-25-3-4; (13)SE0620.1.6. -->
SECTION 6. IC 9-25-3-4, AS AMENDED BY P.L.125-2012,
SECTION 243, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 4. Whenever the proof of financial
responsibility filed by a person under this article no longer fulfills the
purpose for which the proof was required, the bureau shall require
from the person other proof of financial responsibility under this
article. and If the person does not provide other proof of financial
responsibility under this article, the bureau shall suspend the driving
privileges and or motor vehicle registration, or both, as determined
by the bureau, of the person. for whom other proof of financial
responsibility is required.
SOURCE: IC 9-25-3-5; (13)SE0620.1.7. -->
SECTION 7. IC 9-25-3-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5. (a) The bureau shall may adopt
rules under IC 4-22-2 to establish procedures, conditions, and
requirements concerning the filing of proof of financial responsibility
necessary to promote and ensure the effective enforcement of this
article.
(b) The rules must regulate the following:
(1) The effective dates and policy periods of proof of financial
responsibility.
(2) The procedure for cancellation of proof of financial
responsibility by the carrier or the insured.
(3) The conditions of reinstatement.
(4) Any other requirement affecting the purposes for which proof
of financial responsibility is filed with the bureau.
SOURCE: IC 9-25-4-3; (13)SE0620.1.8. -->
SECTION 8. IC 9-25-4-3, AS AMENDED BY P.L.125-2012,
SECTION 245, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3. (a) Financial responsibility in
one (1) of the forms required under this chapter must be continuously
maintained as long as a motor vehicle is operated on a public highway
in Indiana.
(b) The bureau may, at any time, verify that a person has financial responsibility in effect as required under this article.
(c) The bureau shall suspend the driving privileges or motor vehicle registration, or both, of a person who fails to maintain financial responsibility as required under this article.
(d) In order to comply with this section, the bureau may contract with a third party to request proof of financial responsibility from a person as required under this article. The third party must comply with the requirements of this article and any rules adopted by the bureau.
(b) The bureau may, at any time, verify that a person has financial responsibility in effect as required under this article.
(c) The bureau shall suspend the driving privileges or motor vehicle registration, or both, of a person who fails to maintain financial responsibility as required under this article.
(d) In order to comply with this section, the bureau may contract with a third party to request proof of financial responsibility from a person as required under this article. The third party must comply with the requirements of this article and any rules adopted by the bureau.
SOURCE: IC 9-25-4-7; (13)SE0620.1.9. -->
SECTION 9. IC 9-25-4-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 7. (a) Proof of financial
responsibility when required under this article as requested by the
bureau:
(1) must be in effect on the date of the request; and
(2) may be given by any of the following methods:
(1) (A) Proof that a policy or policies of operator or motor
vehicle liability insurance, as applicable, have been obtained
and are in full force and effect.
(2) (B) Proof that a bond has been duly executed.
(3) (C) Proof that deposit has been made of money or
securities.
(b) Proof of financial responsibility as requested by a law enforcement officer:
(1) must be in effect on the date of the request; and
(2) may be provided in a paper or electronic format. For purposes of this subdivision, electronic formats include the
(1) must be in effect on the date of the request; and
(2) may be given by any of the following methods:
(b) Proof of financial responsibility as requested by a law enforcement officer:
(1) must be in effect on the date of the request; and
(2) may be provided in a paper or electronic format. For purposes of this subdivision, electronic formats include the
display of an electronic image on a telecommunications
device.
SOURCE: IC 9-25-4-8; (13)SE0620.1.10. -->
SECTION 10. IC 9-25-4-8, AS AMENDED BY P.L.125-2012,
SECTION 247, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 8. Proof of financial responsibility
meeting the requirements set forth in this article may must be filed in
a manner prescribed by the bureau by an insurance carrier of the person
for whom proof is required.
SOURCE: IC 9-25-5-1; (13)SE0620.1.11. -->
SECTION 11. IC 9-25-5-1, AS AMENDED BY P.L.125-2012,
SECTION 248, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. (a) If a person is convicted of a
traffic offense that requires a court appearance, the court shall require
the person to show proof that financial responsibility was in force on
the date of the violation in one (1) of the forms described in
IC 9-25-4-4 or in the form of a certificate of self-insurance issued under
IC 9-25-4-11.
(b) If a person fails to provide proof of financial responsibility as required by this section, the court shall suspend the person's current driving privileges or motor vehicle registration, or both. If the court fails to recommend a fixed term of suspension, or recommends a fixed term that is less than the minimum term of suspension required under this article, the bureau shall impose the applicable minimum term of suspension required under this article.
(c) A suspension under this section is subject to the same provisions concerning procedure for suspension, duration of suspension, and reinstatement applicable to other suspensions under this article.
(b) If a person fails to provide proof of financial responsibility as required by this section, the court shall suspend the person's current driving privileges or motor vehicle registration, or both. If the court fails to recommend a fixed term of suspension, or recommends a fixed term that is less than the minimum term of suspension required under this article, the bureau shall impose the applicable minimum term of suspension required under this article.
(c) A suspension under this section is subject to the same provisions concerning procedure for suspension, duration of suspension, and reinstatement applicable to other suspensions under this article.
SOURCE: IC 9-25-5-3; (13)SE0620.1.12. -->
SECTION 12. IC 9-25-5-3, AS AMENDED BY P.L.125-2012,
SECTION 250, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A request for evidence of
financial responsibility must do the following:
(1) Direct a personidentified under section 2 of this chapter to
provide the bureau with evidence that financial responsibility was
in effect with respect to the motor vehicle, or the operation of
the motor vehicle, operated by the person on the date of the
accident described in the accident report. requested.
(2) Instruct the person on how to furnish the bureau with evidence of financial responsibility in compliance with this article.
(3) Warn the person that failure to furnish evidence of financial responsibility to the bureau will result in suspension of the person's current driving privileges or motor vehicle registration, or both, under this article.
(b) The bureau shall mail a request for evidence of financial
(1) Direct a person
(2) Instruct the person on how to furnish the bureau with evidence of financial responsibility in compliance with this article.
(3) Warn the person that failure to furnish evidence of financial responsibility to the bureau will result in suspension of the person's current driving privileges or motor vehicle registration, or both, under this article.
(b) The bureau shall mail a request for evidence of financial
responsibility to a person identified under section 2 of this chapter by
first class mail at to the mailing address of the person appearing in the
records of the bureau.
SOURCE: IC 9-25-5-5; (13)SE0620.1.13. -->
SECTION 13. IC 9-25-5-5, AS AMENDED BY P.L.125-2012,
SECTION 252, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5. (a) A person who receives a
request for evidence of financial responsibility under section 3 of this
chapter shall ensure that the insurance company of the person set forth
in the certificate of compliance provides to the bureau the following
information concerning the form of financial responsibility that was in
effect with respect to the motor vehicle on the date in question:
(1) If an operator's or a motor vehicle liability policy was in effect, the following:
(A) The nameand address of the insurer.
(B) The limits of coverage of the policy.
(C) (B) The identification number applying to the policy.
(D) (C) Dates of coverage of the policy.
(D) Confirmation that financial responsibility covering the motor vehicle or operator, as applicable, was in effect on the date in question.
(E) Other information requested by the bureau.
(2) If a bond was in effect, the following:
(A) The name and address of the bond company or surety.
(B) The face amount of the bond.
(C) Dates the bond was in effect.
(D) Other information requested by the bureau.
(3) If self-insurance was in effect under IC 9-25-4-11, the following:
(A) The date on which the certificate of self-insurance was issued by the bureau.
(B) The name of the person to whom the certificate of self-insurance was issued.
(C) Other information requested by the bureau.
(b) A person who requests information or verification of coverage to complete a certificate of compliance under subsection (a) from:
(1) an insurance company; or
(2) an insurance producer;
is not required to give the company or the producer a reason for requesting the information unless the person has been involved in an accident.
(1) If an operator's or a motor vehicle liability policy was in effect, the following:
(A) The name
(D) Confirmation that financial responsibility covering the motor vehicle or operator, as applicable, was in effect on the date in question.
(E) Other information requested by the bureau.
(2) If a bond was in effect, the following:
(A) The name and address of the bond company or surety.
(B) The face amount of the bond.
(C) Dates the bond was in effect.
(D) Other information requested by the bureau.
(3) If self-insurance was in effect under IC 9-25-4-11, the following:
(A) The date on which the certificate of self-insurance was issued by the bureau.
(B) The name of the person to whom the certificate of self-insurance was issued.
(C) Other information requested by the bureau.
(b) A person who requests information or verification of coverage to complete a certificate of compliance under subsection (a) from:
(1) an insurance company; or
(2) an insurance producer;
is not required to give the company or the producer a reason for requesting the information unless the person has been involved in an accident.
SOURCE: IC 9-25-5-7; (13)SE0620.1.14. -->
SECTION 14. IC 9-25-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. Whenever a person
required to give proof of financial responsibility under section 3 of this
chapter article is not the owner of a motor vehicle, an operator's policy
of liability insurance is sufficient proof of financial responsibility.
SOURCE: IC 9-25-5-8; (13)SE0620.1.15. -->
SECTION 15. IC 9-25-5-8, AS AMENDED BY P.L.125-2012,
SECTION 254, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 8. (a) An insurance carrier that has
issued a motor vehicle liability policy or policies meeting the
requirements of this article shall, upon request of the named insured,
file with the bureau an appropriate certificate of compliance that meets
the requirements of this article and shows that a policy or policies have
been issued. were in effect on the date requested.
(b) The issuance of a certificate of compliance to serve as proof of financial responsibility under this article is conclusive evidence that a motor vehicle liability policy in the certificate of compliance cited conforms to all the requirements of this article.
(b) The issuance of a certificate of compliance to serve as proof of financial responsibility under this article is conclusive evidence that a motor vehicle liability policy in the certificate of compliance cited conforms to all the requirements of this article.
SOURCE: IC 9-25-5-9; (13)SE0620.1.16. -->
SECTION 16. IC 9-25-5-9, AS AMENDED BY P.L.125-2012,
SECTION 255, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 9. Whenever an insurance carrier
has certified a motor vehicle liability policy under this chapter for the
purpose of furnishing evidence of future financial responsibility, the
insurance carrier shall give ten (10) days written notice to the bureau
before cancellation of the policy. The policy continues in full force and
effect until the date of cancellation specified in the notice or until the
policy's expiration. A policy subsequently procured and certified, on
the effective date of the policy's certification, terminates the insurance
previously certified with respect to a motor vehicle designated in both
certificates.
SOURCE: IC 9-25-5-10; (13)SE0620.1.17. -->
SECTION 17. IC 9-25-5-10, AS AMENDED BY P.L.125-2012,
SECTION 256, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 10. (a) A nonresident may must
give proof of financial responsibility in one (1) of the following ways:
(1) The nonresident owner of a foreign motor vehicle may give proof
of financial responsibility by having an insurance carrier authorized to
transact business in the state in which the motor vehicle described in
the certificate is registered file a certificate of compliance with the
bureau. (2) A nonresident who does not own a motor vehicle may give
proof of financial responsibility by having an insurance carrier
authorized to transact business in the state in which the nonresident
resides by having an insurance carrier file a certificate of compliance
with the bureau.
(b) A certificate of compliance filed under subsection (a) must conform to this chapter.
(b) A certificate of compliance filed under subsection (a) must conform to this chapter.
SOURCE: IC 9-25-6-1; (13)SE0620.1.18. -->
SECTION 18. IC 9-25-6-1, AS AMENDED BY P.L.125-2012,
SECTION 257, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. (a) If:
(1) the bureau receives a certificate of compliance for a person identified under IC 9-25-5-2 within forty (40) days after the date on which the bureau mailed the request for evidence of financial responsibility to the person; and
(2) the certificate of compliance indicates that financial responsibility was in effect with respect to the motor vehicle or the operation of the motor vehicle at the time of the accident described in the accident report;
the bureau may not suspend the person's driving privileges.
(b) If:
(1) the bureau receives a certificate of compliance from a person presented with a request for evidence of financial responsibility under IC 9-25-9-1 within forty (40) days after the date on which the person was presented with the request; and
(2) the certificate of compliance indicates that financial responsibility was in effect with respect to the motor vehicle or the operation of the motor vehicle that the person was operating when the person committed the violation described in the judgment or abstract received by the bureau under IC 9-25-9-1;
the bureau may not suspend the person's driving privileges.
(c) If:
(1) the bureau receives a certificate of compliance for a person identified under IC 9-25-10 (before its repeal) within forty (40) days after the date on which the bureau mailed the request for evidence of financial responsibility to the person; and
(2) the certificate of compliance indicates that financial responsibility was in effect with respect to the motor vehicle or the operation of the motor vehicle for the date requested;under
IC 9-25-10;
the bureau may not suspend the driving privileges of the person.
(1) the bureau receives a certificate of compliance for a person identified under IC 9-25-5-2 within forty (40) days after the date on which the bureau mailed the request for evidence of financial responsibility to the person; and
(2) the certificate of compliance indicates that financial responsibility was in effect with respect to the motor vehicle or the operation of the motor vehicle at the time of the accident described in the accident report;
the bureau may not suspend the person's driving privileges.
(b) If:
(1) the bureau receives a certificate of compliance from a person presented with a request for evidence of financial responsibility under IC 9-25-9-1 within forty (40) days after the date on which the person was presented with the request; and
(2) the certificate of compliance indicates that financial responsibility was in effect with respect to the motor vehicle or the operation of the motor vehicle that the person was operating when the person committed the violation described in the judgment or abstract received by the bureau under IC 9-25-9-1;
the bureau may not suspend the person's driving privileges.
(c) If:
(1) the bureau receives a certificate of compliance for a person identified under IC 9-25-10 (before its repeal) within forty (40) days after the date on which the bureau mailed the request for evidence of financial responsibility to the person; and
(2) the certificate of compliance indicates that financial responsibility was in effect with respect to the motor vehicle or the operation of the motor vehicle for the date requested;
the bureau may not suspend the driving privileges of the person.
SOURCE: IC 9-25-6-2; (13)SE0620.1.19. -->
SECTION 19. IC 9-25-6-2, AS AMENDED BY P.L.125-2012,
SECTION 258, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 2. (a) If the bureau finds that a
statement as to the existence of financial responsibility in a certificate
of compliance received for a person identified under IC 9-25 is
materially false, the bureau shall take action under subsection (b).
(b) Upon finding that the statement referred to in subsection (a) is false, the bureau shall immediately suspend the person's driving privileges or motor vehicle registration, or both, as determined by the
(b) Upon finding that the statement referred to in subsection (a) is false, the bureau shall immediately suspend the person's driving privileges or motor vehicle registration, or both, as determined by the
bureau, for at least ninety (90) days and not more than one (1) year.
SOURCE: IC 9-25-6-3; (13)SE0620.1.20. -->
SECTION 20. IC 9-25-6-3, AS AMENDED BY P.L.125-2012,
SECTION 259, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3. (a) If the bureau:
(1) does not receive a certificate of compliance for a person identified under IC 9-25-5-2 within forty (40) days after the date on which the bureau mailed the request for evidence of financial responsibility to the person; or
(2) receives a certificate that does not indicate that financial responsibility was in effect with respect to the motor vehicle operated by the person or operation of the motor vehicle by the person on the date of the accident referred to in IC 9-25-5-2;
the bureau shall take action under subsection (d).
(b) If the bureau:
(1) does not receive a certificate of compliance for a person presented with a request for evidence of financial responsibility under IC 9-25-9-1 within forty (40) days after the date on which the person was presented with the request; or
(2) receives a certificate that does not indicate that financial responsibility was in effect with respect to the motor vehicle or operation of the motor vehicle that the person was operating when the person committed the violation described in the judgment or abstract received by the bureau under IC 9-25-9-1;
the bureau shall take action under subsection (d).
(c) If the bureau:
(1) does not receive a certificate of compliance for a person presented with a request under IC 9-25-10 (before its repeal) not later than forty (40) days after the date on which the person was presented with the request; or
(2) receives a certificate that does not indicate that financial responsibility was in effect on the date requested;
the bureau shall take action under subsection (d).
(d) Under the conditions set forth in subsection (a), (b), or (c), the bureau shall immediately suspend the person's driving privileges or motor vehicle registration, or both, as determined by the bureau, for at least ninety (90) days and not more than one (1) year.
(e) Except as provided in subsection (f), if subsection (a), (b), or (c) applies to a person, the bureau shall suspend the driving privileges of the person irrespective of the following:
(1) The sale or other disposition of the motor vehicle by the owner.
(2) The cancellation or expiration of the registration of the motor
(1) does not receive a certificate of compliance for a person identified under IC 9-25-5-2 within forty (40) days after the date on which the bureau mailed the request for evidence of financial responsibility to the person; or
(2) receives a certificate that does not indicate that financial responsibility was in effect with respect to the motor vehicle operated by the person or operation of the motor vehicle by the person on the date of the accident referred to in IC 9-25-5-2;
the bureau shall take action under subsection (d).
(b) If the bureau:
(1) does not receive a certificate of compliance for a person presented with a request for evidence of financial responsibility under IC 9-25-9-1 within forty (40) days after the date on which the person was presented with the request; or
(2) receives a certificate that does not indicate that financial responsibility was in effect with respect to the motor vehicle or operation of the motor vehicle that the person was operating when the person committed the violation described in the judgment or abstract received by the bureau under IC 9-25-9-1;
the bureau shall take action under subsection (d).
(c) If the bureau:
(1) does not receive a certificate of compliance for a person presented with a request under IC 9-25-10 (before its repeal) not later than forty (40) days after the date on which the person was presented with the request; or
(2) receives a certificate that does not indicate that financial responsibility was in effect on the date requested;
the bureau shall take action under subsection (d).
(d) Under the conditions set forth in subsection (a), (b), or (c), the bureau shall immediately suspend the person's driving privileges or motor vehicle registration, or both, as determined by the bureau, for at least ninety (90) days and not more than one (1) year.
(e) Except as provided in subsection (f), if subsection (a), (b), or (c) applies to a person, the bureau shall suspend the driving privileges of the person irrespective of the following:
(1) The sale or other disposition of the motor vehicle by the owner.
(2) The cancellation or expiration of the registration of the motor
vehicle.
(3) An assertion by the person that the person did not own the
motor vehicle and therefore had no control over whether financial
responsibility was in effect with respect to the motor vehicle.
(f) The bureau shall not suspend the driving privileges of a person
to which subsection (a), (b), or (c) applies if the person, through a
certificate of compliance or another communication with the bureau,
establishes to the satisfaction of the bureau that the motor vehicle that
the person was operating when the accident referred to in subsection
(a) took place or when the violation referred to in subsection (b) or (c)
was committed was:
(1) rented from a rental company; or
(2) owned by the person's employer and operated by the person in
the normal course of the person's employment.
SOURCE: IC 9-25-6-3.5; (13)SE0620.1.21. -->
SECTION 21. IC 9-25-6-3.5, AS AMENDED BY P.L.125-2012,
SECTION 260, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3.5. If a person violates:
(1) IC 9-25-4;
(2) IC 9-25-5;
(3) section 2 or 3 of this chapter; or
(4) IC 9-25-10 (before its repeal);
more than one (1) time within a three (3) year period, the person's driving privileges or motor vehicle registration may be suspended for not more than one (1) year.
(1) IC 9-25-4;
(2) IC 9-25-5;
(3) section 2 or 3 of this chapter; or
(4) IC 9-25-10 (before its repeal);
more than one (1) time within a three (3) year period, the person's driving privileges or motor vehicle registration may be suspended for not more than one (1) year.
SOURCE: IC 9-25-6-4; (13)SE0620.1.22. -->
SECTION 22. IC 9-25-6-4, AS AMENDED BY P.L.125-2012,
SECTION 261, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 4. (a) This section does not apply
to judgments entered by a court at least seven (7) years after the date
of the accident.
(b) "Judgment", as used in this section, means a judgment in excess of two hundred dollars ($200) for bodily injury, death, or property damages arising out of the use of a motor vehicle upon a public highway.
(c) The bureau shall suspend for a period of not more than seven (7) years from the date of judgment the driving privileges of a person upon receiving a verified report that the person has failed for a period of ninety (90) days to satisfy a judgment.
(b) "Judgment", as used in this section, means a judgment in excess of two hundred dollars ($200) for bodily injury, death, or property damages arising out of the use of a motor vehicle upon a public highway.
(c) The bureau shall suspend for a period of not more than seven (7) years from the date of judgment the driving privileges of a person upon receiving a verified report that the person has failed for a period of ninety (90) days to satisfy a judgment.
SOURCE: IC 9-25-6-14; (13)SE0620.1.23. -->
SECTION 23. IC 9-25-6-14, AS AMENDED BY P.L.125-2012,
SECTION 270, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 14. (a) The bureau shall reinstate
the driving privileges or motor vehicle registration, or both:
(1) subject to section 15 of this chapter, afterninety (90) days
(1) subject to section 15 of this chapter, after
expiration of the imposed period of suspension if the person has
furnished the bureau with a certificate of compliance showing that
proof of future financial responsibility; is in effect with respect
to the vehicle; or
(2) if financial responsibility was in effect with respect to a motor
vehicle on the date requested but the bureau does not receive a
certificate of compliance indicating this fact until after the
person's driving privileges are suspended under this article, the
person's driving privileges shall be reinstated when the bureau
receives the certificate of compliance.
(b) Upon receipt of a certificate of compliance under this section,
the bureau shall expunge from the bureau's data base remove from the
person's driving record the administrative suspension caused by the
failure to notify the bureau that the person had financial responsibility
in effect on the date of the violation.
SOURCE: IC 9-25-6-16; (13)SE0620.1.24. -->
SECTION 24. IC 9-25-6-16, AS AMENDED BY P.L.125-2012,
SECTION 272, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 16. (a) A person whose driving
privileges are suspended under this article may seek a review of the
suspension under IC 4-21.5-3-7. notify the bureau, in writing, that
the bureau's records contain a material error with respect to the
suspension of the person's driving privileges. The bureau shall,
within thirty (30) days after the date on which the bureau receives
the notice, determine whether a material error was made with
respect to the suspension of the person's driving privileges.
(b) If the bureau determines that a material error was made with respect to the suspension of the person's driving privileges, the bureau shall reinstate the person's driving privileges.
(c) If applicable, the bureau shall notify the prosecuting attorney of the county where the suspension originated that the bureau has determined that a material error exists. The prosecuting attorney is entitled to respond to the bureau's determination.
(d) An action taken or a determination made by the bureau under this section is not subject to IC 4-21.5. However, the person may file a petition for judicial review under this chapter.
(b) If the bureau determines that a material error was made with respect to the suspension of the person's driving privileges, the bureau shall reinstate the person's driving privileges.
(c) If applicable, the bureau shall notify the prosecuting attorney of the county where the suspension originated that the bureau has determined that a material error exists. The prosecuting attorney is entitled to respond to the bureau's determination.
(d) An action taken or a determination made by the bureau under this section is not subject to IC 4-21.5. However, the person may file a petition for judicial review under this chapter.
SOURCE: IC 9-25-6-19.2; (13)SE0620.1.25. -->
SECTION 25. IC 9-25-6-19.2, AS AMENDED BY P.L.125-2012,
SECTION 276, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 19.2. The bureau may suspend the
driving privileges or registration of a motor vehicle, owned by a
registrant or both, of a person who provides the bureau with false
evidence of financial responsibility under this article.
SOURCE: IC 9-25-7-1; (13)SE0620.1.26. -->
SECTION 26. IC 9-25-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The bureau may not
suspend or revoke the driving driver's license, driving privileges, or
registration plates of the owner or operator of a motor vehicle who has
been involved in a motor vehicle accident resulting in bodily injury or
death or in damage to property in excess of one thousand dollars
($1,000) solely because of failure to provide evidence of financial
responsibility whenever the:
(1) owner or operator was insured by an insurance company for public liability and property damage at the time of the accident; and
(2) insurance company becomes insolvent after the accident or within fifteen (15) days before the accident;
if the insurance company was authorized and qualified to do business in Indiana on the effective date of the policy.
(1) owner or operator was insured by an insurance company for public liability and property damage at the time of the accident; and
(2) insurance company becomes insolvent after the accident or within fifteen (15) days before the accident;
if the insurance company was authorized and qualified to do business in Indiana on the effective date of the policy.
SOURCE: IC 9-25-7-3; (13)SE0620.1.27. -->
SECTION 27. IC 9-25-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The bureau shall,
upon request, cancel a bond or return a certificate of insurance, direct
the treasurer of state to return to the person entitled any money or
securities deposited under this article as proof of financial
responsibility, or waive the requirement of filing proof of financial
responsibility in any of the following circumstances:
(1) At any time after three (3) years from the date the proof was required, if during the three (3) year period preceding the request the person furnishing the proof has not been convicted of an offense referred to in IC 9-30-4-6.
(2) If the person on whose behalf the proof was filed dies or the person becomes permanently incapable of operating a motor vehicle.
(3) If the person who has given proof of financial responsibility surrenders the person'soperator's or chauffeur's driver's license,
registration certificates, and registration plates to the bureau. The
bureau may not release the proof if an action for damages upon a
liability referred to in this article is pending, a judgment upon a
liability is outstanding and unsatisfied, or the bureau has received
notice that the person has, within the period of three (3) months
immediately preceding, been involved as a driver in a motor
vehicle accident. An affidavit of the applicant of the nonexistence
of the facts referred to in this subdivision is sufficient evidence of
the nonexistence of the facts in the absence of evidence to the
contrary in the records of the department.
(b) Whenever a person to whom proof has been surrendered under
(1) At any time after three (3) years from the date the proof was required, if during the three (3) year period preceding the request the person furnishing the proof has not been convicted of an offense referred to in IC 9-30-4-6.
(2) If the person on whose behalf the proof was filed dies or the person becomes permanently incapable of operating a motor vehicle.
(3) If the person who has given proof of financial responsibility surrenders the person's
(b) Whenever a person to whom proof has been surrendered under
subsection (a)(3) applies for an operator's or chauffeur's license or the
registration of a motor vehicle within a period of three (3) years from
the date the proof of financial responsibility was originally required,
the bureau shall reject the application unless the applicant reestablishes
the proof for the remainder of the period.
SOURCE: IC 9-25-7-5; (13)SE0620.1.28. -->
SECTION 28. IC 9-25-7-5 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 5. The bureau shall report to the department of state
revenue a failure, a refusal, or the neglect of a common carrier of
persons or property by motor vehicle to file a certificate of proof of
financial responsibility when requested.
SOURCE: IC 9-25-7-6; (13)SE0620.1.29. -->
SECTION 29. IC 9-25-7-6, AS AMENDED BY P.L.125-2012,
SECTION 279, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 6. (a) This section does not apply
to a person who is a resident of Indiana or who operates a motor
vehicle in Indiana.
(b) Subject to subsection (c), a person:
(1) whose driver's license, driving privileges, or registration was suspended and who is required to prove financial responsibility extending into the future in order to have the person's driving privileges reinstated; and
(2) who no longer operates a motor vehicle in Indiana and has become a resident of another state or foreign jurisdiction;
is not required to prove financial responsibility into the future in order to have the person's driver's license, driving privileges, or registration temporarily reinstated to allow licensing or registration in the other state or foreign jurisdiction.
(c) A person described in subsection (b) who, during the three (3) year period following the suspension described in subsection (b)(1), applies to the bureau for a driver's license or registers a motor vehicle in Indiana must maintain proof of future financial responsibility for the unexpired portion of the three (3) year period as required under this article.
(b) Subject to subsection (c), a person:
(1) whose driver's license, driving privileges, or registration was suspended and who is required to prove financial responsibility extending into the future in order to have the person's driving privileges reinstated; and
(2) who no longer operates a motor vehicle in Indiana and has become a resident of another state or foreign jurisdiction;
is not required to prove financial responsibility into the future in order to have the person's driver's license, driving privileges, or registration temporarily reinstated to allow licensing or registration in the other state or foreign jurisdiction.
(c) A person described in subsection (b) who, during the three (3) year period following the suspension described in subsection (b)(1), applies to the bureau for a driver's license or registers a motor vehicle in Indiana must maintain proof of future financial responsibility for the unexpired portion of the three (3) year period as required under this article.
SOURCE: IC 9-25-8-2; (13)SE0620.1.30. -->
SECTION 30. IC 9-25-8-2, AS AMENDED BY P.L.125-2012,
SECTION 281, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 2. (a) A person who knowingly:
(1) operates; or
(2) permits the operation of;
a motor vehicle on a public highway in Indiana without financial responsibility in effect as set forth in IC 9-25-4-4 commits a Class A infraction. However, the offense is a Class C misdemeanor if the person knowingly or intentionally violates this section and has a prior unrelated conviction or judgment under this section.
(b) Subsection (a)(2) applies to:
(1) the owner of a rental company under IC 9-25-6-3(f)(1); and
(2) an employer under IC 9-25-6-3(f)(2).
(c) In addition to any other penalty imposed on a person for violating this section, the courtmay shall recommend the suspension
of the person's driving privileges for at least ninety (90) days but not
more than one (1) year. However, if, within the five (5) years preceding
the conviction under this section, the person had a prior unrelated
conviction under this section, the court shall recommend the
suspension of the person's driving privileges for one (1) year.
(d) Upon receiving the recommendation of the court under subsection (c), the bureau shall suspend the person's driving privileges for the period recommended by the court. If no suspension is recommended by the court, or if the court recommends a fixed term that is less than the minimum term required by statute, the bureau shall impose the minimum period of suspension required under this article.
(1) operates; or
(2) permits the operation of;
a motor vehicle on a public highway in Indiana without financial responsibility in effect as set forth in IC 9-25-4-4 commits a Class A infraction. However, the offense is a Class C misdemeanor if the person knowingly or intentionally violates this section and has a prior unrelated conviction or judgment under this section.
(b) Subsection (a)(2) applies to:
(1) the owner of a rental company under IC 9-25-6-3(f)(1); and
(2) an employer under IC 9-25-6-3(f)(2).
(c) In addition to any other penalty imposed on a person for violating this section, the court
(d) Upon receiving the recommendation of the court under subsection (c), the bureau shall suspend the person's driving privileges for the period recommended by the court. If no suspension is recommended by the court, or if the court recommends a fixed term that is less than the minimum term required by statute, the bureau shall impose the minimum period of suspension required under this article.
SOURCE: IC 9-25-8-6; (13)SE0620.1.31. -->
SECTION 31. IC 9-25-8-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 6. (a) This section applies to a person:
(1) who is convicted of;
(2) against whom a judgment is entered for;
(3) against whom the bureau has taken administrative action for; or
(4) who the bureau otherwise determines was;
operating a motor vehicle without financial responsibility in violation of this article.
(b) A person described in subsection (a) must provide proof of future financial responsibility for a period of three (3) years beginning on the date on which the suspension of the person's driving privileges terminates.
(1) who is convicted of;
(2) against whom a judgment is entered for;
(3) against whom the bureau has taken administrative action for; or
(4) who the bureau otherwise determines was;
operating a motor vehicle without financial responsibility in violation of this article.
(b) A person described in subsection (a) must provide proof of future financial responsibility for a period of three (3) years beginning on the date on which the suspension of the person's driving privileges terminates.
SOURCE: IC 9-25-9-1; (13)SE0620.1.32. -->
SECTION 32. IC 9-25-9-1, AS AMENDED BY P.L.125-2012,
SECTION 283, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. (a) After the bureau receives:
(1) a certified abstract under IC 9-30-13-0.5 of the record of conviction of a person for a violation of a law relating to motor vehicles;or
(2) a judgment or an abstract under IC 9-30-3-11 of a case resulting in a conviction, judgment, or forfeiture of security deposit; or
(3) a judgment, abstract, or other court order indicating the conviction of a person for a violation of a law relating to
(1) a certified abstract under IC 9-30-13-0.5 of the record of conviction of a person for a violation of a law relating to motor vehicles;
(2) a judgment or an abstract under IC 9-30-3-11 of a case resulting in a conviction, judgment, or forfeiture of security deposit; or
(3) a judgment, abstract, or other court order indicating the conviction of a person for a violation of a law relating to
motor vehicles;
the bureau shall determine whether the bureau is required under
subsection (b) to send to the person named in the judgment, or abstract,
or other court order a request for evidence of financial responsibility.
(b) The bureau shall send a request for evidence of financial
responsibility to a person referred to in subsection (a) if at least one (1)
of the following applies to the person:
(1) The judgment, or abstract, or other court order referred to in
subsection (a) reports that the person committed a moving traffic
violation for which points are assessed by the bureau under the
point system, and, not more than one (1) year before the date of
the violation referred to in the judgment, or abstract, or other
court order, the person committed at least two (2) previous
moving traffic violations for which points are assessed by the
bureau under the point system.
(2) The judgment, or abstract, or other court order referred to in
subsection (a) reports that the person was convicted of:
(A) a misdemeanor; or
(B) a felony;
involving a motor vehicle.
(3) The judgment, or abstract, or other court order referred to in
subsection (a) reports that the person committed a moving traffic
violation for which points are assessed by the bureau under the
point system and the driver's license driving privileges of the
person was were previously suspended for violation of the
financial responsibility requirements of IC 9-25.
(c) The expungement or other removal from a person's record
of an underlying conviction for which the bureau sends to the
person a request for evidence of financial responsibility under this
section does not alter or otherwise affect a penalty imposed by the
bureau on the person for the person's failure to provide evidence
of financial responsibility under this article.
SOURCE: IC 9-25-9-4; (13)SE0620.1.33. -->
SECTION 33. IC 9-25-9-4, AS AMENDED BY P.L.125-2012,
SECTION 286, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 4. A person who is presented with
a request for evidence of financial responsibility under section 1 of this
chapter shall direct the insurance company of the person to set forth in
the certificate of compliance the following information concerning the
form of financial responsibility that was in effect with respect to the
motor vehicle: on the date in question:
(1) If a motor vehicle liability policy was in effect, the following:
(A) The nameand address of the insurer.
(B) The limits of coverage of the policy.
(C) (B) The identification number applying to the policy.
(C) Dates of coverage of the policy.
(D)A statement confirming Confirmation that financial
responsibility covering the motor vehicle and or operator, as
applicable, was in effect on the date applicable to section 1(b)
of this chapter. in question.
(E) Other information requested by the bureau.
(2) If a bond was in effect, the following:
(A) The name and address of the bond company or surety.
(B) The face amount of the bond.
(C) Dates the bond was in effect.
(D) Other information requested by the bureau.
(3) If self-insurance was in effect under IC 9-25-4-11, the following:
(A) The date on which the certificate of self-insurance was issued by the bureau.
(B) The name of the person to whom the certificate of self-insurance was issued.
(C) Other information requested by the bureau.
(1) If a motor vehicle liability policy was in effect, the following:
(A) The name
(C) Dates of coverage of the policy.
(D)
(E) Other information requested by the bureau.
(2) If a bond was in effect, the following:
(A) The name and address of the bond company or surety.
(B) The face amount of the bond.
(C) Dates the bond was in effect.
(D) Other information requested by the bureau.
(3) If self-insurance was in effect under IC 9-25-4-11, the following:
(A) The date on which the certificate of self-insurance was issued by the bureau.
(B) The name of the person to whom the certificate of self-insurance was issued.
(C) Other information requested by the bureau.
SOURCE: IC 9-25-9-6; (13)SE0620.1.34. -->
SECTION 34. IC 9-25-9-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. The bureau shall
respond to:
(1) a certificate of compliance provided to the bureau under this chapter; or
(2) the failure of a person under this chapter to provide the bureau with a certificate of compliance;
in the appropriate manner provided underIC 9-25-6-1, IC 9-25-6-2,
and IC 9-25-6-3. this article.
(1) a certificate of compliance provided to the bureau under this chapter; or
(2) the failure of a person under this chapter to provide the bureau with a certificate of compliance;
in the appropriate manner provided under
SOURCE: IC 9-25-10; (13)SE0620.1.35. -->
SECTION 35. IC 9-25-10 IS REPEALED [EFFECTIVE JULY 1,
2013]. (Previously Uninsured Motorist Registry).
SEA 620
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