February 22, 2012
ENGROSSED
HOUSE BILL No. 1197
_____
DIGEST OF HB 1197
(Updated February 21, 2012 11:40 am - DI 103)
Citations Affected: IC 2-5; IC 6-3.5; IC 6-6; IC 7.1-1; IC 9-13;
IC 9-17; IC 9-18; IC 9-19; IC 9-21; IC 9-24; IC 9-26; IC 9-29; IC 9-30;
IC 13-11; IC 14-19; IC 20-30.
Synopsis: Mopeds. Changes the term motorized bicycle to moped.
Defines moped. Authorizes the bureau of motor vehicles (bureau) to
adopt rules concerning certificates of title for mopeds. Provides that a
moped operated on a highway must be registered with the bureau, with
a registration fee equal to that of a motorcycle. Requires that certain
funds received from the registration of a moped be deposited in the
motorcycle operator safety education fund. Requires the operator of a
moped on a highway to have an identification card, permit, or driver's
license in the operator's immediate possession when operating the
moped. Requires a dealer who sells at least 12 mopeds a year to
register as a dealer with the secretary of state. Requires the operator of
a moped to have proof of financial responsibility in effect on the
moped. Requires certain individuals to file accident reports after an
accident involving a moped. Repeals the term "motor scooter". Makes
conforming changes. Makes technical corrections. Deletes outdated
language.
Effective: January 1, 2013.
Smith M, Neese, Karickhoff
,
Riecken
(SENATE SPONSORS _ BECKER, ARNOLD, WYSS)
January 9, 2012, read first time and referred to Committee on Roads and Transportation.
January 26, 2012, amended, reported _ Do Pass.
January 30, 2012, read second time, ordered engrossed. Engrossed.
January 31, 2012, read third time, passed. Yeas 77, nays 20.
SENATE ACTION
February 1, 2012, read first time and referred to Committee on Homeland Security,
Transportation and Veterans Affairs.
February 21, 2012, amended, reported favorably _ Do Pass.
February 22, 2012
Second Regular Session 117th General Assembly (2012)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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this style type reconciles conflicts
between statutes enacted by the 2011 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1197
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 2-5-28.5-1.3; (12)EH1197.1.1. -->
SECTION 1. IC 2-5-28.5-1.3 IS REPEALED [EFFECTIVE
JANUARY 1, 2013]. Sec. 1.3. As used in this chapter, "motor scooter"
has the meaning set forth in IC 9-13-2-104.
SOURCE: IC 2-5-28.5-1.5; (12)EH1197.1.2. -->
SECTION 2. IC 2-5-28.5-1.5, AS ADDED BY P.L.206-2011,
SECTION 2, IS REPEALED [EFFECTIVE JANUARY 1, 2013]. Sec.
1.5. As used in this chapter, "motorized bicycle" has the meaning set
forth in IC 9-13-2-109.
SOURCE: IC 2-5-28.5-4.5; (12)EH1197.1.3. -->
SECTION 3. IC 2-5-28.5-4.5, AS ADDED BY P.L.206-2011,
SECTION 4, IS REPEALED [EFFECTIVE JANUARY 1, 2013]. Sec.
4.5. In calendar year 2011, the committee shall study issues related to
the use of motorized bicycles and motor scooters in Indiana, including
the following topics:
(1) Definitions of the following:
(A) Motorized bicycle.
(B) Motor scooter.
(C) Moped.
(D) Motor-driven cycle.
(2) Issues related to:
(A) internal combustion power; and
(B) battery power;
of motor vehicles described in subdivision (1).
(3) Issues relating to:
(A) necessary equipment for;
(B) licensing of operators of;
(C) titling of;
(D) registration of;
(E) taxation of; and
(F) insurance requirements for;
motor vehicles described in subdivision (1).
SOURCE: IC 6-3.5-4-0.5; (12)EH1197.1.4. -->
SECTION 4. IC 6-3.5-4-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 0.5. This chapter applies to a moped that
is registered with the bureau of motor vehicles after December 31,
2012.
SOURCE: IC 6-6-5-1; (12)EH1197.1.5. -->
SECTION 5. IC 6-6-5-1, AS AMENDED BY P.L.2-2007,
SECTION 126, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2013]: Sec. 1. (a) As used in this chapter,
"vehicle" means a vehicle subject to annual registration as a condition
of its operation on the public highways pursuant to the motor vehicle
registration laws of the state.
After December 31, 2012, the term
includes a moped (as defined in IC 9-13-2-109).
(b) As used in this chapter, "mobile home" means a
nonself-propelled vehicle designed for occupancy as a dwelling or
sleeping place.
(c) As used in this chapter, "bureau" means the bureau of motor
vehicles.
(d) As used in this chapter, "license branch" means a branch office
of the bureau authorized to register motor vehicles pursuant to the laws
of the state.
(e) As used in this chapter, "owner" means the person in whose
name the vehicle or trailer is registered (as defined in IC 9-13-2).
(f) As used in this chapter, "motor home" means a self-propelled
vehicle having been designed and built as an integral part thereof
having living and sleeping quarters, including that which is commonly
referred to as a recreational vehicle.
(g) As used in this chapter, "last preceding annual excise tax
liability" means either:
(1) the amount of excise tax liability to which the vehicle was
subject on the owner's last preceding regular annual registration
date; or
(2) the amount of excise tax liability to which a vehicle that was
registered after the owner's last preceding annual registration date
would have been subject if it had been registered on that date.
(h) As used in this chapter, "trailer" means a device having a gross
vehicle weight equal to or less than three thousand (3,000) pounds that
is pulled behind a vehicle and that is subject to annual registration as
a condition of its operation on the public highways pursuant to the
motor vehicle registration laws of the state. The term includes any
utility, boat, or other two (2) wheeled trailer.
(i) This chapter does not apply to the following:
(1) Vehicles owned, or leased and operated, by the United States,
the state, or political subdivisions of the state.
(2) Mobile homes and motor homes.
(3) Vehicles assessed under IC 6-1.1-8.
(4) Vehicles subject to registration as trucks under the motor
vehicle registration laws of the state, except trucks having a
declared gross weight not exceeding eleven thousand (11,000)
pounds, trailers, semitrailers, tractors, and buses.
(5) Vehicles owned, or leased and operated, by a postsecondary
educational institution described in IC 6-3-3-5(d).
(6) Vehicles owned, or leased and operated, by a volunteer fire
department (as defined in IC 36-8-12-2).
(7) Vehicles owned, or leased and operated, by a volunteer
emergency ambulance service that:
(A) meets the requirements of IC 16-31; and
(B) has only members that serve for no compensation or a
nominal annual compensation of not more than three thousand
five hundred dollars ($3,500).
(8) Vehicles that are exempt from the payment of registration fees
under IC 9-18-3-1.
(9) Farm wagons.
SOURCE: IC 7.1-1-3-26.3; (12)EH1197.1.6. -->
SECTION 6. IC 7.1-1-3-26.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 26.3. (a) "Motor
vehicle" means a vehicle that is self-propelled.
(b) The term does not include a motorized bicycle (as defined in
IC 9-13-2-109).
SOURCE: IC 9-13-1-5; (12)EH1197.1.7. -->
SECTION 7. IC 9-13-1-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 5. A reference to a motorized bicycle in
any law, rule, or other document in effect on January 1, 2013, shall
be treated after December 31, 2012, as a reference to a moped.
SOURCE: IC 9-13-2-3; (12)EH1197.1.8. -->
SECTION 8. IC 9-13-2-3, AS AMENDED BY P.L.146-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 3. (a) Except as provided in subsection (b),
"antique motor vehicle" means a motor vehicle or motor scooter that is
at least twenty-five (25) years old.
(b) "Antique motor vehicle", for purposes of IC 9-19-11-1(6), means
a passenger motor vehicle or truck that was manufactured without a
safety belt as a part of the standard equipment installed by the
manufacturer at each designated seating position, before the
requirement of the installation of safety belts in the motor vehicle
according to the standards stated in the Federal Motor Vehicle Safety
Standard Number 208 (49 CFR 571.208).
SOURCE: IC 9-13-2-42; (12)EH1197.1.9. -->
SECTION 9. IC 9-13-2-42, AS AMENDED BY P.L.93-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 42. (a) "Dealer" means, except as otherwise
provided in this section, a person who sells to the general public,
including a person who sells directly by the Internet or other computer
network, at least twelve (12) vehicles each year for delivery in Indiana.
The term includes a person who sells off-road vehicles or mopeds. A
dealer must have an established place of business that meets the
minimum standards prescribed by the secretary of state under rules
adopted under IC 4-22-2.
(b) The term does not include the following:
(1) A receiver, trustee, or other person appointed by or acting
under the judgment or order of a court.
(2) A public officer while performing official duties.
(3) A person who is a dealer solely because of activities as a
transfer dealer.
(4) An automotive mobility dealer.
(c) "Dealer", for purposes of IC 9-31, means a person that sells to
the general public for delivery in Indiana at least six (6):
(1) boats; or
(2) trailers:
(A) designed and used exclusively for the transportation of
watercraft; and
(B) sold in general association with the sale of watercraft;
per year.
SOURCE: IC 9-13-2-103; (12)EH1197.1.10. -->
SECTION 10. IC 9-13-2-103 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 103. "Military
vehicle" means a vehicle that:
(1) was originally manufactured for military use;
(2) is motorized or nonmotorized, including a motorcycle
motor
scooter, and a trailer;
(3) is at least twenty-five (25) years old; and
(4) is privately owned.
SOURCE: IC 9-13-2-104; (12)EH1197.1.11. -->
SECTION 11. IC 9-13-2-104 IS REPEALED [EFFECTIVE
JANUARY 1, 2013]. Sec. 104. "Motor scooter" means a vehicle that
has the following:
(1) Motive power.
(2) A seat, but not a saddle, for the driver.
(3) Two (2) wheels.
(4) A floor pad for the driver's feet.
SOURCE: IC 9-13-2-105; (12)EH1197.1.12. -->
SECTION 12. IC 9-13-2-105, AS AMENDED BY P.L.9-2010,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 105. (a) "Motor vehicle" means, except as
otherwise provided in this section, a vehicle that is self-propelled. The
term does not include a farm tractor, an implement of agriculture
designed to be operated primarily in a farm field or on farm premises,
or an electric personal assistive mobility device.
(b) "Motor vehicle", for purposes of IC 9-21, means:
(1) a vehicle except a motorized bicycle that is self-propelled; or
(2) a vehicle that is propelled by electric power obtained from
overhead trolley wires, but not operated upon rails.
(c) "Motor vehicle", for purposes of IC 9-19-10.5 and IC 9-25,
means a vehicle that is self-propelled upon a highway in Indiana. The
term does not include a farm tractor.
(d) "Motor vehicle", for purposes of IC 9-30-10, does not include a
motorized bicycle. moped.
SOURCE: IC 9-13-2-108; (12)EH1197.1.13. -->
SECTION 13. IC 9-13-2-108 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 108. "Motorcycle"
means a motor vehicle with motive power having a seat or saddle for
the use of the rider and designed to travel on not more than three (3)
wheels in contact with the ground. The term does not include a farm
tractor or a motorized bicycle. moped.
SOURCE: IC 9-13-2-109; (12)EH1197.1.14. -->
SECTION 14. IC 9-13-2-109 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 109.
"Motorized
bicycle" "Moped" means a
two (2) or three (3) wheeled motor vehicle
that is propelled by an internal combustion engine or a battery powered
motor, and if powered by an internal combustion engine, has the
following: (1) An engine rating of not more than two (2) horsepower
and a cylinder capacity not exceeding fifty (50) cubic centimeters. (2)
An automatic transmission. (3) A maximum design speed of not more
than twenty-five (25) miles per hour on a flat surface. with motive
power that:
(1) has a seat or saddle for the use of the rider;
(2) is designed to travel on not more than three (3) wheels in
contact with the ground; and
(3) is not capable of being operated at a speed greater than
thirty (30) miles per hour on a flat surface.
The term does not include an electric personal assistive mobility
device.
SOURCE: IC 9-13-2-123; (12)EH1197.1.15. -->
SECTION 15. IC 9-13-2-123, AS AMENDED BY P.L.214-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 123. "Passenger motor vehicle" means a
motor vehicle designed for carrying passengers. The term includes a
low speed vehicle but does not include a motorcycle, a moped, a bus,
a school bus, or an off-road vehicle.
SOURCE: IC 9-13-2-196; (12)EH1197.1.16. -->
SECTION 16. IC 9-13-2-196, AS AMENDED BY P.L.9-2010,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 196. (a) "Vehicle" means, except as
otherwise provided in this section, a device in, upon, or by which a
person or property is, or may be, transported or drawn upon a highway.
(b) "Vehicle", for purposes of IC 9-14 through IC 9-18, does not
include the following:
(1) A device moved by human power.
(2) A vehicle that runs only on rails or tracks.
(3) A vehicle propelled by electric power obtained from overhead
trolley wires but not operated upon rails or tracks.
(4) A firetruck and apparatus owned by a person or municipal
division of the state and used for fire protection.
(5) A municipally owned ambulance.
(6) A police patrol wagon.
(7) A vehicle not designed for or employed in general highway
transportation of persons or property and occasionally operated or
moved over the highway, including the following:
(A) Road construction or maintenance machinery.
(B) A movable device designed, used, or maintained to alert
motorists of hazardous conditions on highways.
(C) Construction dust control machinery.
(D) Well boring apparatus.
(E) Ditch digging apparatus.
(F) An implement of agriculture designed to be operated
primarily in a farm field or on farm premises.
(G) An invalid chair.
(H) A yard tractor.
(8) An electric personal assistive mobility device.
(c) For purposes of IC 9-20 and IC 9-21, the term does not include
devices moved by human power or used exclusively upon stationary
rails or tracks.
(d) For purposes of IC 9-22, the term refers to an automobile, a
motorcycle, a truck, a trailer, a semitrailer, a tractor, a bus, a school
bus, a recreational vehicle, a trailer or semitrailer used in the
transportation of watercraft, or a motorized bicycle. moped.
(e) For purposes of IC 9-24-6, the term has the meaning set forth in
49 CFR 383.5 as in effect July 1, 2010.
(f) For purposes of IC 9-30-5, IC 9-30-6, IC 9-30-8, and IC 9-30-9,
the term means a device for transportation by land or air. The term does
not include an electric personal assistive mobility device.
SOURCE: IC 9-17-1-1; (12)EH1197.1.17. -->
SECTION 17. IC 9-17-1-1, AS AMENDED BY P.L.182-2009(ss),
SECTION 284, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2013]: Sec. 1. This article does not apply
to farm wagons, a golf cart when operated in accordance with an
ordinance adopted under IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a), or a
motor vehicle that was designed to have a maximum design speed of
not more than twenty-five (25) miles per hour and that was built,
constructed, modified, or assembled by a person other than the
manufacturer, or, except where specifically provided otherwise, a
moped.
SOURCE: IC 9-17-2-1.7; (12)EH1197.1.18. -->
SECTION 18. IC 9-17-2-1.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 1.7. (a) Notwithstanding any other law, a
person may apply to the bureau for a certificate of title for a
moped. However, a person is not required to obtain a certificate of
title from the bureau for a moped before the person may operate
the moped upon a highway.
(b) The bureau may adopt rules under IC 4-22-2 to determine
the indication of ownership for a moped for purposes of obtaining
a certificate of title for the moped under this article.
SOURCE: IC 9-18-2-29; (12)EH1197.1.19. -->
SECTION 19. IC 9-18-2-29, AS AMENDED BY P.L.210-2005,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 29. Except as otherwise provided, before:
(1) a motor vehicle;
(2) a motorcycle;
(3) a truck;
(4) a trailer;
(5) a semitrailer;
(6) a tractor;
(7) a bus;
(8) a school bus;
(9) a recreational vehicle; or
(10) special machinery; or
(11) a moped, beginning January 1, 2013;
is operated or driven on a highway, the person who owns the vehicle
must register the vehicle with the bureau and pay the applicable
registration fee. The bureau may adopt rules under IC 4-22-2 to
determine the requirements for registering a moped with the
bureau.
SOURCE: IC 9-18-12-4; (12)EH1197.1.20. -->
SECTION 20. IC 9-18-12-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. (a) If a person
who registers an antique motor vehicle under this chapter makes
substantial alterations or changes to the vehicle after the date of the
antique motor vehicle's registration, the registrant shall have the
vehicle reinspected by the state police department.
(b) If the antique motor vehicle is not found to be in a mechanical
condition that guarantees the vehicle's safe operation upon the
highways, the mechanical condition shall be reported to the bureau.
The bureau shall do the following:
(1) Immediately cancel the registration of the antique motor
vehicle.
(2) Notify the person who registered the antique motor vehicle of
the cancellation.
(c) A motor scooter registered under this chapter is not required to
have equipment that was not original on the motor scooter.
SOURCE: IC 9-19-3-1; (12)EH1197.1.21. -->
SECTION 21. IC 9-19-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. A motor
vehicle other than a motorcycle or motor-driven cycle, moped, when
operated upon a highway, must be equipped with brakes adequate to
control the movement of and to stop and hold the vehicle. The brakes
must include two (2) separate means of applying the brakes, each of
which means must apply the brakes to at least two (2) wheels. If these
two (2) separate means of applying the brakes are connected in any
way, the means must be constructed so that failure of one (1) part of the
operating mechanism does not leave the motor vehicle without brakes
on at least two (2) wheels.
SOURCE: IC 9-19-3-2; (12)EH1197.1.22. -->
SECTION 22. IC 9-19-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. A motorcycle
and a motor-driven cycle, moped, when operated upon a highway,
must be equipped with at least one (1) brake, which may be operated
by hand or foot.
SOURCE: IC 9-19-3-4; (12)EH1197.1.23. -->
SECTION 23. IC 9-19-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. (a) Except as
provided in subsections (b) through (c), a new motor vehicle, trailer, or
semitrailer sold in Indiana and operated upon the highways must be
equipped with service brakes upon all wheels of the vehicle.
(b) The following are not required to be equipped with service
brakes:
(1) A motorcycle or motor-driven cycle. moped.
(2) A semitrailer of less than three thousand (3,000) pounds gross
weight.
(c) A truck or truck-tractor having at least three (3) axles is not
required to have service brakes on the front wheels. If a truck or
truck-tractor is equipped with at least two (2) steerable axles, the
wheels of one (1) steerable axle are not required to have service brakes
although the truck or truck-tractor must be capable of complying with
the performance requirements of sections 7 through 8 of this chapter.
SOURCE: IC 9-19-6-3; (12)EH1197.1.24. -->
SECTION 24. IC 9-19-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. (a) A motor
vehicle other than a motorcycle or motor-driven cycle moped must be
equipped with at least two (2) head lamps, with at least one (1) of the
head lamps on each side of the front of the motor vehicle. The head
lamps must comply with this chapter.
(b) Except as provided in subsection (c), a motorcycle and
motor-driven cycle moped must be equipped with at least one (1) and
not more than two (2) head lamps that comply with this chapter.
(c) A motorcycle manufactured before January 1, 1956, is not
required to be equipped with a head lamp if the motorcycle is not
operated at the times when lighted head lamps and other illuminating
devices are required under IC 9-21-7-2.
(d) A head lamp upon a motor vehicle, including a motorcycle and
motor-driven cycle, moped, must be located at a height measured from
the center of the head lamp of not less than twenty-four (24) inches and
not more than fifty-four (54) inches to be measured as set forth in
section 2(b) of this chapter.
SOURCE: IC 9-19-6-5; (12)EH1197.1.25. -->
SECTION 25. IC 9-19-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. (a) Except as
provided in subsections (b) through (d), a new motor vehicle sold and
operated upon a highway, other than a truck-tractor, must carry on the
rear, either as a part of the tail lamps or separately, two (2) red
reflectors.
(b) Except as provided in subsection (c), a motorcycle and
motor-driven cycle moped must carry at least one (1) reflector meeting
the requirements of this section.
(c) A motorcycle manufactured before January 1, 1956, is not
required to carry a reflector under this section if the motorcycle is not
operated at the times when lighted head lamps and other illuminating
devices are required under IC 9-21-7-2.
(d) A vehicle of the type listed in section 7 of this chapter must be
equipped with reflectors as required in those sections applicable to
those vehicles.
(e) A reflector must be mounted on a vehicle at a height not less
than twenty (20) inches and not more than sixty (60) inches as
measured in the manner set forth in section 2(b) of this chapter. Except
as otherwise provided, a reflector must be of the size and
characteristics and mounted so as to be visible at night from all
distances within three hundred fifty (350) feet to one hundred (100)
feet from the vehicle when directly in front of lawful upper beams of
head lamps.
SOURCE: IC 9-19-6-6; (12)EH1197.1.26. -->
SECTION 26. IC 9-19-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 6. (a) Except as
provided in subsection (b), a person may not:
(1) sell; or
(2) drive on the highways;
in Indiana a motor vehicle, including a motorcycle or motor-driven
cycle moped, unless the vehicle is equipped with at least one (1)
stoplight meeting the requirements of section 17 of this chapter.
(b) A motorcycle manufactured before January 1, 1956, is not
required to be equipped with a stoplight under subsection (a) if the
motorcycle is not operated at the times when lighted head lamps and
other illuminating devices are required under IC 9-21-7-2.
(c) This subsection does not apply to a motorcycle or motor-driven
cycle. moped. A person may not:
(1) sell;
(2) offer for sale; or
(3) operate on the highways;
a motor vehicle, trailer, or semitrailer registered in Indiana and
manufactured or assembled after January 1, 1956, unless the vehicle is
equipped with mechanical or electrical turn signals meeting the
requirements of section 17 of this chapter.
SOURCE: IC 9-19-6-20; (12)EH1197.1.27. -->
SECTION 27. IC 9-19-6-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 20. Except as
otherwise provided in this chapter, the head lamps, the auxiliary
driving lamp, the auxiliary passing lamp, or a combination of these
lamps on motor vehicles, other than motorcycles or motor-driven
cycles, mopeds, must be arranged so that the driver may select between
distributions of light projected to different elevations. The lamps may,
in addition, be arranged so that the selection can be made
automatically, subject to the following limitations:
(1) There must be an uppermost distribution of light, or composite
beam, aimed and of an intensity to reveal persons and vehicles at
a distance of at least three hundred fifty (350) feet ahead for all
conditions of loading.
(2) There must be a lowermost distribution of light, or composite
beam, aimed and of an intensity to reveal persons and vehicles at
a distance of at least one hundred (100) feet ahead. On a straight
level road, under any condition of loading, none of the
high-intensity part of the beam may be directed to strike the eyes
of an approaching driver.
(3) A new motor vehicle, other than a motorcycle or motor-driven
cycle, moped, that is registered in Indiana after January 1, 1956,
and that has multiple-beam road lighting equipment must be
equipped with a beam indicator that must be lighted whenever the
uppermost distribution of light from the head lamps is in use. The
beam indicator must not otherwise be lighted. The beam indicator
must be designed and located so that when lighted the indicator
is readily visible without glare to the driver of the vehicle so
equipped.
SOURCE: IC 9-19-6-22; (12)EH1197.1.28. -->
SECTION 28. IC 9-19-6-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 22. (a) The head
lamp or head lamps upon a motor-driven cycle motorcycle or moped
may be of the single-beam or multiple-beam type.
(b) A head lamp on a motor-driven cycle motorcycle or moped
must be of sufficient intensity to reveal a person or a vehicle at a
distance of not less than:
(1) one hundred (100) feet when the motor-driven cycle
motorcycle or moped is operated at a speed of less than
twenty-five (25) miles per hour;
(2) two hundred (200) feet when the motor-driven cycle
motorcycle or moped is operated at a speed of at least
twenty-five (25) miles per hour; and
(3) three hundred (300) feet when the motor-driven cycle
motorcycle is operated at a speed of at least thirty-five (35) miles
per hour.
(c) If a motor-driven cycle motorcycle or moped is equipped with
a multiple beam head lamp, the upper beam must meet the minimum
requirements set forth in this section and must not exceed the
limitations set forth in section 20(1) of this chapter and the lowermost
distribution of light as set forth in section 20(2) of this chapter.
(d) If a motor-driven cycle motorcycle or moped is equipped with
a single beam lamp, the lamp must be aimed so that when the vehicle
is loaded none of the high-intensity part of the light will, at a distance
of twenty-five (25) feet ahead, project higher than the level of the
center of the lamp from which the light comes.
SOURCE: IC 9-19-19-2; (12)EH1197.1.29. -->
SECTION 29. IC 9-19-19-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. A motor
vehicle, except a motorcycle or a motor-driven cycle, moped, required
to be registered with the bureau must be equipped with a front
windshield.
SOURCE: IC 9-21-7-3; (12)EH1197.1.30. -->
SECTION 30. IC 9-21-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. (a) This section
does not apply to a motorcycle or motorized bicycle. moped.
(b) A motor vehicle must display at least two (2) lighted lamps, one
(1) on each side at the front of the motor vehicle.
(c) Whenever a motor vehicle equipped with head lamps required
under subsection (b) is also equipped with:
(1) auxiliary lamps;
(2) a spot lamp; or
(3) any other lamp on the front of the motor vehicle projecting a
beam of intensity greater than three hundred (300) candlepower;
not more than a total of four (4) lamps described in this subsection on
the front of a vehicle may be lighted at one (1) time when upon a
highway.
(d) Passenger buses, trucks, truck tractors, and certain trailers,
semitrailers, and pole trailers must display clearance and marker lamps,
reflectors, and stop lights as required under this title when operated
upon a highway. Except as provided in subsection (e), all lamp
equipment required on vehicles described in this subsection shall be
lighted at the times specified in section 2 of this chapter.
(e) Clearance and sidemarker lamps are not required to be lighted
on a vehicle described in subsection (d) when the vehicle is operated
within a municipality where there is sufficient light to render clearly
discernible persons and vehicles on the highway at a distance of five
hundred (500) feet.
SOURCE: IC 9-21-7-8; (12)EH1197.1.31. -->
SECTION 31. IC 9-21-7-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 8. (a) This section
applies to a vehicle that is parked or stopped upon a roadway or
shoulder adjacent to a roadway between thirty (30) minutes after sunset
and thirty (30) minutes before sunrise.
(b) If there is sufficient light to reveal a person or object within a
distance of five hundred (500) feet upon the street or highway upon
which the vehicle is parked, no lights need be displayed upon the
parked vehicle.
(c) This subsection does not apply to a motor-driven cycle. moped.
This subsection applies whether a vehicle parked or stopped is attended
or unattended. If there is not sufficient light to reveal a person or object
within a distance of five hundred (500) feet upon the highway upon
which the vehicle is parked or stopped, the vehicle parked or stopped
shall be equipped with one (1) or more lamps that meet the following
requirements:
(1) At least one (1) lamp must display a white or amber light
visible from a distance of five hundred (500) feet to the front of
the vehicle.
(2) The lamp described in subdivision (1) or at least one (1) other
lamp must display a red light visible from a distance of five
hundred (500) feet to the rear of the vehicle.
(3) The lamp or lamps described in subdivisions (1) and (2) shall
be installed as near as practicable on the side of the vehicle that
is closest to passing traffic.
(d) Lighted head lamps upon a parked vehicle must be depressed or
dimmed.
SOURCE: IC 9-21-8-20; (12)EH1197.1.32. -->
SECTION 32. IC 9-21-8-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 20. The Indiana
department of transportation may by resolution or order entered in its
minutes, and local authorities may by ordinance, with respect to any
freeway or interstate highway system under their respective
jurisdictions, prohibit the use of a highway by pedestrians, bicycles, or
other nonmotorized traffic or by a person operating a motor-driven
cycle. moped. The Indiana department of transportation or the local
authority adopting a prohibiting regulation shall erect and maintain
official signs on the freeway or interstate highway system on which the
regulations are applicable. If signs are erected, a person may not
disobey the restrictions stated on the signs.
SOURCE: IC 9-21-11-12; (12)EH1197.1.33. -->
SECTION 33. IC 9-21-11-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 12. A motorized
bicycle moped may not be operated under any of the following
conditions:
(1) By a person less than fifteen (15) years of age.
(2) By a person who has not obtained an identification card under
IC 9-24, a permit under IC 9-24, an operator's license under
IC 9-24, a chauffeur's license under IC 9-24, or a public passenger
chauffeur's license under IC 9-24.
(3) On an interstate highway or a sidewalk.
(4) At a speed greater than twenty-five (25) thirty (30) miles per
hour.
SOURCE: IC 9-21-11-13; (12)EH1197.1.34. -->
SECTION 34. IC 9-21-11-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 13. A person less
than eighteen (18) years of age who operates or rides a motorized
bicycle moped on a street or highway shall do the following:
(1) Wear protective headgear meeting the minimum standards set
by the bureau or a helmet that meets the standards established by
the United States Department of Transportation under 49 CFR
571.218 in effect January 1, 1979.
(2) Wear protective glasses, goggles, or a transparent face shield.
SOURCE: IC 9-24-13-3; (12)EH1197.1.35. -->
SECTION 35. IC 9-24-13-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. (a) An
individual holding a permit or license issued under this article must
have the permit or license in the individual's immediate possession
when driving or operating a motor vehicle. The permittee or licensee
shall display the license or permit upon demand of a court or a police
officer authorized by law to enforce motor vehicle rules.
(b) An individual driving or operating a moped must have the
individual's identification card, permit, or driver's license in the
individual's immediate possession when driving or operating the
moped. The individual shall display the identification card, permit,
or license upon demand of a court or a police officer authorized by
law to enforce motor vehicle rules.
SOURCE: IC 9-24-13-6; (12)EH1197.1.36. -->
SECTION 36. IC 9-24-13-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 6. (a) Subject to
subsection (b), in a proceeding to enforce section 3 of this chapter, the
burden is on the defendant to prove by a preponderance of the evidence
that the defendant had been issued a
driving driver's license or permit
or an identification card, as applicable, that was valid at the time of
the alleged violation.
(b)
A person An individual may not be convicted of violating
section 3 of this chapter if the
person, individual, within five (5) days
from the time of apprehension, produces to the apprehending officer or
headquarters of the apprehending officer satisfactory evidence of
a
permit or the identification card or driver's license
or permit, as
applicable, issued to the
person individual that was valid at the time
of the person's individual's apprehension.
SOURCE: IC 9-26-1-0.3; (12)EH1197.1.37. -->
SECTION 37. IC 9-26-1-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 0.3. After December 31, 2012, this article
applies to a moped that is operated or driven on a highway.
SOURCE: IC 9-29-5-2; (12)EH1197.1.38. -->
SECTION 38. IC 9-29-5-2, AS AMENDED BY P.L.145-2011,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 2. (a) This subsection expires December 31,
2011. The fee for the registration of a motorcycle is seventeen dollars
and thirty cents ($17.30). The revenue from this fee shall be allocated
as follows:
(1) Seven dollars ($7) to the motorcycle operator safety education
fund established by IC 20-30-13-11.
(2) An amount prescribed as a license branch service charge
under IC 9-29-3.
(3) Thirty cents ($0.30) to the spinal cord and brain injury fund
under IC 16-41-42.2-3, as provided under section 0.5 of this
chapter.
(4) The balance to the state general fund for credit to the motor
vehicle highway account.
(b) This subsection applies after December 31, 2011. The fee for the
registration of a motorcycle or a moped is seventeen dollars and thirty
cents ($17.30). The revenue from this fee shall be allocated as follows:
(1) Seven dollars ($7) to the motorcycle operator safety education
fund established by IC 9-27-7-7.
(2) An amount prescribed as a license branch service charge
under IC 9-29-3.
(3) Thirty cents ($0.30) to the spinal cord and brain injury fund
under IC 16-41-42.2-3, as provided under section 0.5 of this
chapter.
(4) The balance to the state general fund for credit to the motor
vehicle highway account.
SOURCE: IC 9-30-10-9; (12)EH1197.1.39. -->
SECTION 39. IC 9-30-10-9, AS AMENDED BY P.L.109-2011,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 9. (a) After June 30, 2005, this section does
not apply to a person who:
(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(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 moped 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 moped 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 moped 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).
SOURCE: IC 9-30-10-13; (12)EH1197.1.40. -->
SECTION 40. IC 9-30-10-13, AS AMENDED BY P.L.109-2011,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 13. (a) The bureau may issue a license to
operate a motor vehicle to a habitual violator whose driving privileges
were suspended under section 5(b) of this chapter if the following
conditions exist:
(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 moped 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 moped 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:
(A) files with the bureau; and
(B) 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 moped 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 moped 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.
SOURCE: IC 9-30-10-15; (12)EH1197.1.41. -->
SECTION 41. IC 9-30-10-15, AS AMENDED BY P.L.28-2010,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 15. (a) Upon receiving a petition filed under
section 14 of this chapter, a court shall set a date for hearing the matter
and direct the clerk of the court to provide notice of the hearing date to
the following:
(1) The petitioner.
(2) The prosecuting attorney of the county where the petitioner
resides.
(3) The bureau.
(b) A court may order the rescission of the order that required the
suspension of the petitioner's driving privileges for life and may order
the bureau to reinstate the driving privileges of a petitioner whose
driving privileges have been suspended for life if, after the hearing of
the matter, the court makes the following written findings and
conclusions, based on clear and convincing evidence:
(1) That the petitioner has never been convicted of a violation
described in section 4(a) of this chapter.
(2) That the petitioner has never been convicted of an offense
under section 17 of this chapter.
(3) That the petitioner has not been convicted of an offense under
section 16 of this chapter more than one (1) time.
(4) If the person is petitioning the court under section 14(a) of this
chapter that ten (10) years have elapsed since the date on which
an order was issued that required the suspension of the petitioner's
driving privileges for life.
(5) That there has been a substantial change in the petitioner's
circumstances indicating the petitioner would no longer pose a
risk to the safety of others if the petitioner's driving privileges
were reinstated.
(6) That there has been a substantial change in the petitioner's
circumstances indicating that the suspension of the petitioner's
driving privileges for life has become unreasonable.
(7) That it is in the best interests of society for the petitioner's
driving privileges to be reinstated.
(8) If the person is petitioning the court under section 14(e) of this
chapter:
(A) that three (3) years have elapsed since the date the order
was issued that required the suspension of the petitioner's
driving privileges for life; and
(B) that the conditions listed under section 14(e) of this
chapter are satisfied.
(c) The petitioner has the burden of proof under this section and an
order issued under subsection (b) is a final order, appealable by any
party to the action.
(d) In an order for reinstatement of driving privileges issued under
this section, the court may require the bureau to issue to the prevailing
petitioner:
(1) a license to operate a motor vehicle under section 13(b) of this
chapter; or
(2) a restricted driving license for a time and subject to conditions
specified by the court, 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) Specified hours during which the person may drive.
(B) An order prohibiting the person from operating a motor
vehicle or motorized bicycle moped 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) 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 moped 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).
(D) 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 moped 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 orders the bureau to issue a restricted driving license
to a petitioner under subsection (d), the court shall specify the
conditions under which the petitioner may be issued a license to
operate a motor vehicle under section 13(b) of this chapter. After the
expiration date of the restricted license and upon:
(1) fulfillment by the petitioner of the conditions specified by the
court; and
(2) the expiration of the restricted license issued under subsection
(d)(2);
the bureau shall issue to the petitioner a license to operate a motor
vehicle under section 13(b) of this chapter.
SOURCE: IC 9-30-10-17.5; (12)EH1197.1.42. -->
SECTION 42. IC 9-30-10-17.5, AS ADDED BY P.L.28-2010,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 17.5. A person who operates a vehicle or
motorized bicycle moped in violation of conditions of a restricted
license ordered by a court under IC 9-30-10-9(d)(9) or
IC 9-30-10-15(d)(2) commits a Class A misdemeanor.
SOURCE: IC 9-30-10-18; (12)EH1197.1.43. -->
SECTION 43. IC 9-30-10-18, AS AMENDED BY P.L.28-2010,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 18. In a criminal action brought under
section 16, 17, or 17.5 of this chapter, it is a defense that the operation
of a motor vehicle or
motorized bicycle moped was necessary to save
life or limb in an extreme emergency. The defendant must bear the
burden of proof by a preponderance of the evidence to establish this
defense.
SOURCE: IC 13-11-2-130.1; (12)EH1197.1.44. -->
SECTION 44. IC 13-11-2-130.1, AS ADDED BY P.L.170-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 130.1. (a) "Motor vehicle", for purposes of
this chapter, means a vehicle that is self-propelled on a highway in
Indiana. The term does not include a farm tractor or a motorized
bicycle. moped.
(b) This section expires on the date IC 13-20-17.7 expires under
IC 13-20-17.7-9.
SOURCE: IC 14-19-1-0.5; (12)EH1197.1.45. -->
SECTION 45. IC 14-19-1-0.5, AS ADDED BY P.L.225-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 0.5. (a) "Motorized cart" means a
conveyance that is:
(1) motor driven, either by gas or electricity;
(2) used to carry passengers or equipment; and
(3) smaller than the types of motor vehicles required to be
registered by the bureau of motor vehicles such as a:
(A) passenger motor vehicle (as defined in IC 9-13-2-123);
(B) recreational vehicle (as defined in IC 9-13-2-150); or
(C) truck (as defined in IC 9-13-2-188).
A motorized cart may be characterized as a golf cart, utility cart, or
similar form of motor vehicle.
(b) The term does not include:
(1) an electric personal assistive mobility device (as defined in
IC 9-13-2-49.3);
(2) a motorcycle (as defined in IC 9-13-2-108);
(3) a motor scooter (as defined in IC 9-13-2-104);
(4) (3) a motorized bicycle moped (as defined in IC 9-13-2-109);
or
(5) (4) an off-road vehicle.
SOURCE: IC 20-30-13-11; (12)EH1197.1.46. -->
SECTION 46. IC 20-30-13-11, AS ADDED BY P.L.1-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 11. The motorcycle operator safety
education fund is established. The fund consists of money received
from motorcycle
and moped registrations as provided under IC 9-29.
The money in the fund is appropriated to the department for the
administration of the program and expenses related to the program,
including:
(1) reimbursement for course sites;
(2) instructor training;
(3) purchase of equipment and course materials; and
(4) technical assistance.