Bill Text: IN HB1523 | 2013 | Regular Session | Amended
Bill Title: Moped operation and licensing.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2013-02-27 - First reading: referred to Committee on Commerce and Economic Development & Technology [HB1523 Detail]
Download: Indiana-2013-HB1523-Amended.html
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 9-29; IC 9-30; IC 13-11;
IC 14-19; noncode.
Synopsis: Moped operation and licensing. Repeals the term
"motorized bicycle" and replaces the term with "moped". Authorizes
the bureau of motor vehicles (bureau) to adopt rules concerning
registration of mopeds. Requires registration for mopeds, 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. Provides that a moped is not
required to be titled with the bureau. Provides that mopeds are subject
to county motor vehicle excise surtax and motor vehicle excise tax.
Provides that a moped may not be operated when carrying more
persons than the moped is designed and equipped to carry. Requires the
operator of a moped to obey all applicable motor vehicle laws, and that
a moped may not be operated at a speed over 30 miles per hour.
Provides that a moped must be operated in the right-hand lane, except
when making a left-hand turn. Requires a dealer who sells at least 12
mopeds a year to register as a dealer with the secretary of state. Does
not require the operator of a moped to have proof of financial
responsibility in effect on the motor vehicle. Repeals the term "motor
scooter". Makes conforming changes. Makes technical corrections.
Repeals outdated language concerning a study topic of the joint study
committee on transportation and infrastructure assessment and
solutions.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Roads and Transportation.
February 18, 2013, amended, reported _ Do Pass.
February 20, 2013, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
(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.
(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.
(1) was originally manufactured for military use;
(2) is motorized or nonmotorized, including a motorcycle
(3) is at least twenty-five (25) years old; and
(4) is privately owned.
(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;
(3) is not operated at a speed greater than thirty (30) miles per hour; and
(4) does not meet the federal motor vehicle safety standards necessary to certify the motor vehicle as a motorcycle.
The term does not include an electric personal assistive mobility device.
(b) "Motor vehicle", for purposes of IC 9-21, means:
(1) a vehicle
(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
(e) "Motor vehicle", for purposes of IC 9-23-2 and IC 9-23-3, includes a semitrailer.
(f) "Motor vehicle", for purposes of IC 9-24-6, has the meaning set forth in 49 CFR 383.5 as in effect July 1, 2010.
(1) with motive power having a seat or saddle for the use of the rider;
(2) designed to travel on not more than three (3) wheels in contact with the ground; and
(3) that meets federal motor vehicle safety standards for certification as a motorcycle.
The term does not include a farm tractor or a
(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
(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.
(1) special machinery;
(2) farm wagons;
(3) 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);
(4) 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
(5) except as specifically provided otherwise, a moped;
or any other vehicle that is not registered in accordance with IC 9-18-2.
(b) The bureau may adopt rules under IC 4-22-2 to determine the indication of ownership for a moped required for purposes of obtaining a certificate of title for the moped under this article.
1, 2013]: Sec. 2. (a) After December 31, 2013, this article applies to
mopeds.
(b) The bureau may adopt rules under IC 4-22-2 to determine
the requirements for registering a moped with the bureau.
(1) Passenger motor vehicles.
(2) Recreational vehicles.
(3) Motorcycles and mopeds.
(4) Trucks that:
(A) are regularly rented to others for not more than twenty-nine (29) days in the regular course of the corporation's business; and
(B) have a declared gross weight of not more than eleven thousand (11,000) pounds.
(b) Except as provided in IC 9-18-12-2.5, a person that owns a vehicle shall receive a license plate, renewal tag, or other indicia upon registration of the vehicle. The bureau may determine the device required to be displayed.
(c) A corporation that owns a truck that has a declared gross weight of not more than eleven thousand (11,000) pounds that is regularly rented to others for periods of not more than twenty-nine (29) days in the regular course of the corporation's business must register the truck before March 1 of each year.
(d) A person that owns a vehicle in a category required to be registered under this section and desires to register the vehicle for the first time must apply to the bureau for a registration application form. The bureau shall do the following:
(1) Administer the registration application form.
(2) Issue the license plate.
(3) Collect the proper registration and service fees in accordance with the procedure established by the bureau.
(e) Except as provided in IC 9-18-12-2.5, the bureau shall issue a semipermanent plate under section 30 of this chapter, or:
(1) an annual renewal tag; or
(2) other indicia;
to be affixed on the semipermanent plate.
(f) After June 30, 2011, the registration of a vehicle under IC 9-18-16-1(1) or IC 9-18-16-1(2) expires on December 14 of each
year. However, if a vehicle is registered under IC 9-18-16-1(1) or
IC 9-18-16-1(2) and the registration of the vehicle is in effect on June
30, 2011, the registration of the vehicle remains valid:
(1) throughout calendar year 2011; and
(2) during the period that:
(A) begins January 1, 2012; and
(B) ends on the date on which the vehicle was due for
reregistration under the law in effect before this subsection
took effect.
(b) Except as provided in section 18 of this chapter, a certificate of registration of a motor vehicle, semitrailer, or recreational vehicle and a license plate for a motor vehicle, semitrailer, or recreational vehicle, whether original issues or duplicates, may not be issued or furnished by the bureau unless the person applying for the certificate of registration:
(1) applies at the same time for and is granted a certificate of title for the motor vehicle, semitrailer, or recreational vehicle; or
(2) presents satisfactory evidence that a certificate of title has been previously issued to the person that covers the motor vehicle, semitrailer, or recreational vehicle.
(1) For a motorcycle, moped, trailer, semitrailer, or recreational vehicle, upon the rear of the vehicle, except as provided in subdivision (4).
(2) For a tractor or dump truck, upon the front of the vehicle.
(3) For every other vehicle, upon the rear of the vehicle, except as provided in subdivision (4).
(4) For a truck with a rear mounted forklift or a mechanism to carry a rear mounted forklift or implement, upon the front of the vehicle.
(b) A license plate shall be securely fastened, in a horizontal position, to the vehicle for which the plate is issued:
(1) to prevent the license plate from swinging;
(2) at a height of at least twelve (12) inches from the ground, measuring from the bottom of the license plate;
(3) in a place and position that are clearly visible;
(4) maintained free from foreign materials and in a condition to be clearly legible; and
(5) not obstructed or obscured by tires, bumpers, accessories, or other opaque objects.
(c) The bureau may adopt rules the bureau considers advisable to enforce the proper mounting and securing of license plates on vehicles consistent with this chapter.
(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;
(10) special machinery; or
(11) a moped, after December 31, 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.
(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.
other than a motorcycle or motor driven cycle, or 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.
(b) The following are not required to be equipped with service brakes:
(1) A motorcycle
(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.
(b) Except as provided in subsection (c), a motorcycle
(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, or 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.
(b) Except as provided in subsection (c), a motorcycle
(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.
(1) sell; or
(2) drive on the highways;
in Indiana a motor vehicle, including a motorcycle or
(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
(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.
(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
(b) A head lamp on a
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.
(b) This subsection applies to the operation of a moped, other motor vehicles, and vehicles. A person who is driving at a slow speed so that three (3) or more other vehicles are blocked and cannot pass on the left around the vehicle shall give right-of-way to the other vehicles by pulling off to the right of the right lane at the earliest reasonable opportunity and allowing the blocked vehicles to pass.
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.
(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
(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.
(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing overtaking and passing.
(2) When the right half of a roadway is closed to traffic under construction or repair.
(3) Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable to a roadway divided into three (3) marked lanes.
(4) Upon a roadway designated and signposted for one-way traffic.
(b) Upon all roadways, a vehicle proceeding at less than the normal speed of traffic at the time and place under the conditions then existing shall be driven:
(1) in the right-hand lane
(2) as close as practicable to the right-hand curb or edge of the roadway;
except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
(c) A moped shall be driven in the right-hand lane when available for traffic except when preparing for a left turn at an intersection or into a private road or driveway.
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.
(1) Special regulations of this article.
(2) Those provisions of this article that by their nature have no application.
(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,
(3) On an interstate highway or a sidewalk.
(4) At a speed greater than
(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.
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. (a) 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 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.
(b) This subsection applies after December 31, 2013. The fee for
the registration of 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.
(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 termination of suspension, proof of future financial responsibility in accordance with IC 9-25.
(4) If the person has a prior conviction for operating while intoxicated, 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
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
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
(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 rescission of the
suspension;
proof of future financial responsibility in accordance with
IC 9-25.
(6) If the person has a prior conviction for operating while
intoxicated, 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 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.
(d) The bureau shall not issue driving privileges to a person who
does not satisfy all of the requirements set forth in subsections (a) and
(b).
(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 the prevailing
petitioner:
(1) driving privileges under section 13(b) of this chapter; or
(2) restricted driving privileges 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):
(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 restricted or probationary
driving privileges to a petitioner under subsection (d), the court shall
specify the conditions under which the petitioner may be issued driving
privileges to operate a motor vehicle under section 13(b) of this
chapter. After the expiration date of the restricted or probationary
driving privileges and upon:
(1) fulfillment by the petitioner of the conditions specified by the
court; and
(2) the expiration of the restricted issued driving privileges under
subsection (d)(2);
the bureau shall issue the petitioner driving privileges to operate a
motor vehicle under section 13(b) of this chapter.
(f) If the bureau receives an order granting a rescission of the
suspension order and reinstatement of driving privileges to a person
who, according to the records of the bureau, does not qualify under this
chapter, the bureau shall do the following:
(1) Issue the person probationary driving privileges and notify the
prosecuting attorney of the county from which the order was
received that the person is not eligible for the rescission and
reinstatement.
(2) Send a certified copy of the person's driving record to the
prosecuting attorney.
The prosecuting attorney shall, in accordance with IC 35-38-1-15,
petition the court to correct the court's order. If the bureau does not
receive a corrected order within sixty (60) days, the bureau shall notify
the attorney general, who shall, in accordance with IC 35-38-1-15,
petition the court to correct the court's order.
(b) This section expires on the date IC 13-20-17.7 expires under IC 13-20-17.7-9.
(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);
(b) This SECTION expires December 21, 2014.