Bill Text: IN HB1523 | 2013 | Regular Session | Introduced
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-Introduced.html
Citations Affected: IC 2-5-28.5; IC 6-3.5-4-0.5; IC 6-6-5-1;
IC 7.1-1-3-26.3; IC 9-13; IC 9-17; IC 9-18; IC 9-19; IC 9-21; IC 9-24;
IC 9-25; IC 9-26-1-0.3; IC 9-29; IC 9-30; IC 13-11-2-130.1;
IC 14-19-1-0.5; IC 20-33-8-33.
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
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. Provides that a moped is subject to
county motor vehicle excise surtax and motor vehicle excise tax.
Requires that certain funds received from the registration of a moped
be deposited in the motorcycle operator safety education fund. Provides
that a moped may not be operated when carrying more persons than the
moped is designed and equipped to carry. Provides that a moped
operated on a county highway must display a slow moving vehicle
emblem. Requires the operator of a moped to obey all applicable motor
vehicle laws. Provides that a moped must be operated in the right-hand
lane, except when making a left-hand turn. Creates a moped license,
sets fees for the issuance and renewal of a moped license, and requires
the operator of a moped to hold a moped license or another driver's
license to operate a moped. Specifies that a moped license may not be
suspended or revoked for certain reasons and that a moped license may
be issued after other driver's licenses have been suspended or revoked.
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
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Roads and Transportation.
Digest Continued
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. Repeals outdated language
concerning a study topic of the joint study committee on transportation
and infrastructure assessment and solutions.
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.
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 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.
(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; 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.
(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.
(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 where 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.
(b) The bureau may adopt rules under IC 4-22-2 to determine the requirements for registering a moped with the bureau.
registration for the following categories of vehicles:
(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,
including for a moped, 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.
(1) For a motorcycle, 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 shall determine the manner in which a license plate or other indicia of registration for a moped must be displayed.
(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.
(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.
(b) Except as provided in subsection (c), a motorcycle and
(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
(b) Except as provided in subsection (c), a motorcycle and
(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 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.
(b) A head lamp on a
(1) one hundred (100) feet when the
(2) two hundred (200) feet when the
(3) three hundred (300) feet when the
(c) If a
(d) If a
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.
(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.
FOLLOWS [EFFECTIVE JULY 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.
(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 then available for traffic; or
(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 then available
for traffic except when preparing for a left turn at an intersection
or into a private road or driveway.
(1) pulled;
(2) towed;
(3) self-propelled; or
(4) animal-drawn;
that is not under ordinary circumstances moved, operated, or driven at a speed greater than twenty-five (25) miles per hour.
(b) This chapter applies to a moped that is moved, operated, or driven on a highway under the jurisdiction of a county.
(1) Special regulations of this article.
(2) Those provisions of this article that by their nature have no application.
FOLLOWS [EFFECTIVE JULY 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, or a moped 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.
(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.
(1) operator's license;
(2) chauffeur's license;
(3) public passenger chauffeur's license;
(4) commercial driver's license;
(5) driver's license listed in subdivision (1), (2), (3), or (4) with a motorcycle endorsement;
(6) learner's permit;
(7) motorcycle learner's permit; or
(8) moped license;
issued to the individual by the bureau under this article to drive upon an Indiana highway the type of motor vehicle for which the license or
permit was issued.
(b) An individual may operate a moped when the individual
holds a moped license or another driver's license listed in
subsection (a).
(b) The bureau shall suspend the driving privileges or invalidate the learner's permit of an individual less than eighteen (18) years of age who meets any of the following conditions:
(1) Is a habitual truant under IC 20-33-2-11.
(2) Is under at least a second suspension from school for the school year under IC 20-33-8-14 or IC 20-33-8-15.
(3) Is under an expulsion from school under IC 20-33-8-14, IC 20-33-8-15, or IC 20-33-8-16.
(4) Is considered a dropout under IC 20-33-2-28.5.
(1) driver's license or learner's permit; and
(2) employment certificate.
(1) An individual whose license issued under Indiana law to operate a motor vehicle as an operator, a chauffeur, or a public passenger chauffeur has been suspended, during the period for which the license was suspended, or to an individual whose license has been revoked, until the time the bureau is authorized under Indiana law to issue the individual a new license, except as provided in IC 9-24-8.5.
(2) An individual whose learner's permit has been suspended or revoked until the time the bureau is authorized under Indiana law to issue the individual a new permit, except as provided in IC 9-24-8.5.
(3) An individual who, in the opinion of the bureau, is afflicted with or suffering from a physical or mental disability or disease that prevents the individual from exercising reasonable and ordinary control over a motor vehicle while operating the vehicle upon the public highways.
(4) An individual who is unable to understand highway warnings or direction signs written in the English language.
(5) An individual who is required under this article to take an examination unless the person successfully passes the examination.
(6) An individual who is required under IC 9-25 or any other statute to deposit or provide proof of financial responsibility and who has not deposited or provided that proof.
(7) An individual when the bureau has good cause to believe that the operation of a motor vehicle on a public highway of Indiana by the individual would be inimical to public safety or welfare.
(8) An individual who is the subject of an order issued by:
(A) a court under IC 31-14-12-4 or IC 31-16-12-7 (or IC 31-1-11.5-13 or IC 31-6-6.1-16 before their repeal); or
(B) the Title IV-D agency;
ordering that a driver's license or permit not be issued to the individual.
(9) An individual who has not presented valid documentary evidence to the bureau of the person's legal status in the United States, as required by IC 9-24-9-2.5.
(b) An individual subject to epileptic seizures may not be denied a driver's license or permit under this section if the individual presents a statement from a licensed physician, on a form prescribed by the bureau, that the individual is under medication and is free from seizures while under medication.
(1) is at least fifteen (15) years of age;
(2) if less than eighteen (18) years of age, is not ineligible under IC 9-24-2-1;
(3) is enrolled in an approved driver education course; and
(4) has passed a written examination as required under IC 9-24-10.
(b) The bureau shall issue a learner's permit to an individual who:
(1) is at least sixteen (16) years of age;
(2) if less than eighteen (18) years of age, is not ineligible under IC 9-24-2; and
(3) has passed a written examination as required under IC 9-24-10.
(c) The issuance of a learner's permit to an individual voids any moped permit that has been issued to the individual.
(1) While the holder is participating in practice driving in an approved driver education course and is accompanied by a certified driver education instructor or student teacher in the front seat of a motor vehicle equipped with dual controls.
(2) While the holder is participating in practice driving after having commenced an approved driver education course and the seat beside the holder is occupied by a parent, stepparent, or guardian of the holder who holds a valid driver's license.
(3) If the holder is not participating in an approved driver education course, and is less than eighteen (18) years of age, the holder may participate in practice driving if the seat beside the holder is occupied by a guardian, stepparent, or relative of the holder who is at least twenty-one (21) years of age and holds a valid driver's license.
(4) If the holder is not participating in an approved driver education course, and is at least eighteen (18) years of age, the holder may participate in practice driving if accompanied in the vehicle by an individual who holds a valid driver's license.
(b) A learner's permit authorizes the permit holder to operate a moped upon a public highway.
Chapter 8.5. Moped Licenses
Sec. 1. The bureau shall issue a moped license to an individual who meets the following conditions:
(1) Is at least fifteen (15) years of age.
(2) Makes proper application to the bureau under IC 9-24-9 upon a form prescribed by the bureau.
(3) Does not hold any other valid driving license.
(4) Satisfactorily passes the written and other examinations required for issuance of a moped license under IC 9-24-10-4.
(5) Pays the fee prescribed by IC 9-29-9.
Sec. 2. An individual may hold a learner's permit and a moped license at the same time.
Sec. 3. An individual may not hold an identification card and a moped license at the same time.
Sec. 4. A moped license may be held by an individual whose other driver's license has been suspended or revoked under IC 9-24-19 or IC 9-30.
Sec. 5. The bureau may adopt rules under IC 4-22-2 to administer this chapter.
(1) The full legal name of the applicant.
(2) The applicant's date of birth.
(3) The gender of the applicant.
(4) The applicant's height, weight, hair color, and eye color.
(5) The principal address and mailing address of the applicant.
(6) A:
(A) valid Social Security number; or
(B) verification of an applicant's:
(i) ineligibility to be issued a Social Security number; and
(ii) identity and lawful status.
(7) Whether the applicant has been subject to fainting spells or seizures.
(8) Whether the applicant has been licensed as an operator, a chauffeur, a moped operator, or a public passenger chauffeur or has been the holder of a learner's permit, and if so, when and by what state.
(9) Whether the applicant's license or permit has ever been suspended or revoked, and if so, the date of and the reason for the suspension or revocation.
(10) Whether the applicant has been convicted of a crime punishable as a felony under Indiana motor vehicle law or any other felony in the commission of which a motor vehicle was used.
(11) Whether the applicant has a physical or mental disability, and if so, the nature of the disability and other information the
bureau directs.
(12) The signature of the applicant.
The bureau shall maintain records of the information provided under
subdivisions (1) through (12).
(b) For purposes of subsection (a), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the individual's principal address
and mailing address, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the individual's
principal address and mailing address.
(c) In addition to the information required by subsection (a), an
applicant who is required to complete at least fifty (50) hours of
supervised practice driving under IC 9-24-3-2.5(a)(1)(E) or
IC 9-24-3-2.5(a)(2)(D) must submit to the commission evidence of the
time logged in practice driving. The bureau shall maintain a record of
the time log provided.
(d) In addition to the information required under subsection (a), an
application for a license or permit to be issued under this chapter must
enable the applicant to indicate that the applicant is a veteran of the
armed forces of the United States and wishes to have an indication of
the applicant's veteran status appear on the license or permit. An
applicant who wishes to have an indication of the applicant's veteran
status appear on a license or permit must:
(1) indicate on the application that the applicant:
(A) is a veteran of the armed forces of the United States; and
(B) wishes to have an indication of the applicant's veteran
status appear on the license or permit; and
(2) verify the applicant's veteran status by providing proof of
discharge.
The bureau shall maintain records of the information provided under
this subsection.
subsection subsections (c) and (f), an examination for a learner's
permit or driver's license must include the following:
(1) A test of the following of the applicant:
(A) Eyesight.
(B) Ability to read and understand highway signs regulating,
warning, and directing traffic.
(C) Knowledge of Indiana traffic laws, including
IC 9-26-1-1.5.
(2) An actual demonstration of the applicant's skill in exercising
ordinary and reasonable control in the operation of a motor
vehicle under the type of permit or license applied for.
(b) The examination may include further physical and mental
examination that the bureau finds necessary to determine the
applicant's fitness to operate a motor vehicle safely upon Indiana
highways. The applicant must provide the motor vehicle used in the
examination.
(c) The bureau:
(1) may waive the actual demonstration required under subsection
(a)(2) for a person who has passed a driver's education class and
a skills test given by a commercial driver training school or driver
education program given by an entity licensed under IC 9-27-6-7;
and
(2) may waive the testing, other than testing under subsection
(a)(1)(A), of an applicant who has passed:
(A) an examination concerning:
(i) subsection (a)(1)(B); and
(ii) subsection (a)(1)(C); and
(B) a skills test;
given by a commercial driver training school or an entity licensed
under IC 9-27-6-7.
(d) The bureau shall adopt rules under IC 4-22-2 specifying
requirements for a skills test given under subsection (c) and the testing
required under subsection (a)(1)(B) and (a)(1)(C).
(e) An instructor having an endorsement under IC 9-27-6-8 who did
not instruct the applicant for the license or permit in driver education
is not civilly or criminally liable for a report made in good faith to the:
(1) bureau;
(2) commission; or
(3) driver licensing medical advisory board;
concerning the fitness of the applicant to operate a motor vehicle in a
manner that does not jeopardize the safety of individuals or property.
(f) An examination for a moped license:
(1) must include the following tests of the applicant:
(A) Eyesight.
(B) Ability to read and understand highway signs
regulating, warning, and directing traffic.
(C) Knowledge of Indiana traffic laws, including
IC 9-26-1-1.5; and
(2) may include further physical and mental examination that
the bureau finds necessary to determine the applicant's fitness
to operate a moped safely upon Indiana highways.
(b) An operator's permit or license , including a moped license, issued to an individual under this section must bear a restriction on the operator's permit or license.
(c) An individual who wishes to have an operator's permit or license issued as provided under this section must provide a verified certificate from a physician licensed to practice in Indiana attesting to the individual's medical condition. The physician's certificate must be:
(1) provided to the bureau at the time the individual applies for an operator's permit or license under this section;
(2) carried in or on any vehicle that the individual operates; and
(3) renewed each time the individual's operator's permit or license is renewed.
(d) The bureau shall adopt rules under IC 4-22-2 to carry out this section.
(1) an operator's license;
(2) a chauffeur's license;
(3) a public passenger chauffeur's license;
(4) an identification card; or
(5) a moped license;
under this article may be filed not more than twelve (12) months before the expiration date of the license or identification card held by the applicant.
(b) When the applicant complies with IC 9-24-9-2.5(5) through IC 9-24-9-2.5(10), an application for renewal of a driver's license in subsection (a)(1), (a)(2), or (a)(3) may be filed not more than one (1) month before the expiration date of the license held by the applicant.
(c) When the applicant complies with IC 9-24-16-3.5(1)(E) through IC 9-24-16-3.5(1)(J), an application for renewal of an identification card in subsection
(b) The bureau may adopt rules under IC 4-22-2 concerning the ability of a holder of a moped license to renew the license by mail or by electronic service. If rules are adopted under this subsection, the rules must provide that an individual's renewal of a moped license by mail or by electronic service is subject to the following conditions:
(1) A valid computerized image of the individual must exist in the records of the bureau.
(2) The previous renewal of the individual's moped license must not have been by mail or by electronic service.
(3) The application for or previous renewal of the individual's license must have included a test of the individual's eyesight approved by the bureau.
(4) The individual must be a citizen of the United States, as shown in the records of the bureau.
(5) There must not have been any change in the:
(A) address; or
(B) name;
of the individual since the issuance or previous renewal of the individual's moped license.
(c) An individual applying for the renewal of a moped license must apply in person at a license branch under subsection (a) if the individual is not entitled to apply by mail or by electronic service
under rules adopted under subsection (b).
(1) an operator's;
(2) a chauffeur's; or
(3) a moped;
license issued to or renewed by a driver who is at least eighty-five (85) years of age expires at midnight of the birthday of the holder that occurs two (2) years following the date of issuance.
(b) Except as provided in sections 11 and 12 of this chapter, a moped license issued to an applicant who is at least seventy-five (75) years of age but less than eighty-five (85) years of age expires at midnight of the birthday of the holder that occurs three (3) years following the date of issuance.
(1) IC 9-24-3;
(2) IC 9-24-4;
(3) IC 9-24-5; or
(4) IC 9-24-8.5.
(b) If the birthday of a holder on which the holder's driver's license issued under a chapter referred to in subsection (a) would otherwise expire falls on:
(1) Sunday;
(2) a legal holiday (as set forth in IC 1-1-9-1); or
(3) a weekday when all license branches, full service providers, and partial services providers in the county of residence of the holder are closed;
the driver's license of the holder does not expire until midnight of the first day after the birthday on which a license branch, full service provider, or partial services provider is open for business in the county of residence of the holder.
(1) IC 9-24-3;
(2) IC 9-24-4;
(3) IC 9-24-5; and
(4) IC 9-24-8.5.
(b) A driver's license listed in subsection (a) that is issued after December 31, 2007, to an applicant who complies with IC 9-24-9-2.5(5) through IC 9-24-9-2.5(10) expires:
(1) at midnight one (1) year after issuance if there is no expiration date on the authorization granted to the individual to remain in the United States; or
(2) if there is an expiration date on the authorization granted to the individual to remain in the United States, the earlier of the following:
(A) At midnight of the date the authorization of the holder to be a legal permanent resident or conditional resident alien of the United States expires.
(B) At midnight of the birthday of the holder that occurs six (6) years after the date of issuance.
(1) A valid computerized image or digital photograph of the individual must exist within the records of the bureau.
(2) The individual must be a citizen of the United States, as shown in the records of the bureau.
(b) An individual applying for a replacement of an operator's, a chauffeur's, a moped, or a public passenger chauffeur's license or a learner's permit must apply in person at a license branch if the individual is not entitled to apply by mail or by electronic service under rules adopted under subsection (a).
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's operator's, moped, or chauffeur'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
subsection (a)(3) applies for an operator's, moped, 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.
(b) For the purpose of providing adequate and sufficient funds for the crossroads 2000 fund established under IC 8-14-10-9, and subject to subsection (c), after June 30, 1997, with the approval of the bureau of motor vehicles commission the bureau of motor vehicles may adopt rules under IC 4-22-2 to increase, by an amount that is in addition to the fees specified by statute, the fees under the following:
IC 9-29-4-3
IC 9-29-5
IC 9-29-9-1
IC 9-29-9-2
IC 9-29-9-3
IC 9-29-9-4
IC 9-29-9-5
IC 9-29-9-5.5
IC 9-29-9-7
IC 9-29-9-8
IC 9-29-9-9
IC 9-29-9-11
IC 9-29-9-13
IC 9-29-9-14
IC 9-29-15-1
IC 9-29-15-2
IC 9-29-15-3
IC 9-29-15-4
The amount of fees increased under this section shall first be deposited into the crossroads 2000 fund established under IC 8-14-10-9.
(c) The bureau's authority to adopt rules under subsection (b) is subject to the condition that a fee increase must be uniform throughout all license branches and at all partial service locations in Indiana.
(d) If a fee imposed by a statute listed in subsection (b) is eliminated, the amount of the fee increase set forth in a rule adopted under this section before July 1, 2007, with respect to the fee must be:
(1) collected by the bureau notwithstanding the elimination of the underlying fee;
(2) collected in addition to all other fees collected at the time of the underlying transaction; and
(3) deposited in the crossroads 2000 fund established under IC 8-14-10-9.
(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) an individual who is less than seventy-five (75) years of age is nine dollars ($9); and
(2) an individual who is at least seventy-five (75) years of age is six dollars ($6).
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14. (a) As used in this
section, "moving traffic offense" means a violation of a statute, an
ordinance, or a rule relating to the operation or use of motor vehicles
while the motor vehicle is in motion.
(b) If a court convicts a person for a moving traffic offense and the
person is known or believed by the court not to be the owner of the
motor vehicle, the court shall, within seven (7) days after entering the
conviction, deposit with the United States Postal Service, first class
postage prepaid, notice addressed to the owner of the motor vehicle
giving the owner the following information:
(1) The name and address of the person convicted.
(2) The name and address of the owner of the motor vehicle.
(3) The offense upon which the conviction was made.
(4) The date of arrest of the person convicted and the location of
the place of the offense.
(5) The license plate number of the motor vehicle.
(6) The operator's, moped, or chauffeur's license number of the
person convicted.
(7) The date of the conviction and the name of the court making
the conviction.
(b) The bureau shall suspend or revoke without notice or hearing the current driver's license and all certificates of registration and license plates issued or registered in the name of a person who is convicted of any of the following:
(1) Manslaughter or reckless homicide resulting from the operation of a motor vehicle.
(2) Perjury or knowingly making a false affidavit to the department under this chapter or any other law requiring the
registration of motor vehicles or regulating motor vehicle
operation upon the highways.
(3) A felony under Indiana motor vehicle laws or felony in the
commission of which a motor vehicle is used.
(4) Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(5) Failure to stop and give information or assistance or failure to
stop and disclose the person's identity at the scene of an accident
that has resulted in death, personal injury, or property damage in
excess of two hundred dollars ($200).
(6) Possession, distribution, manufacture, cultivation, transfer,
use, or sale of a controlled substance or counterfeit substance, or
attempting or conspiring to possess, distribute, manufacture,
cultivate, transfer, use, or sell a controlled substance or
counterfeit substance.
(c) The license of a person shall also be suspended upon conviction
in another jurisdiction for any offense described in subsections
subsection (b)(1), (b)(2), (b)(3), (b)(4), and (b)(5), except if property
damage is less than two hundred dollars ($200), the bureau may
determine whether the driver's license and certificates of registration
and license plates shall be suspended or revoked. The license of a
person shall also be suspended upon conviction in another jurisdiction
for any offense described in subsection (b)(6).
(d) A suspension or revocation remains in effect and a new or
renewal license may not be issued to the person and a motor vehicle
may not be registered in the name of the person as follows:
(1) Except as provided in subdivisions (2), (3), (4), and (5), and
subject to section 6.5 of this chapter, for six (6) months from the
date of conviction or on the date on which the person is otherwise
eligible for a license, whichever is later. Except as provided in
IC 35-48-4-15, this includes a person convicted of a crime for
which the person's license is suspended or revoked under
subsection (b)(6).
(2) Subject to section 6.5 of this chapter, upon conviction of an
offense described in subsection (b)(1), for a fixed period of not
less than two (2) years and not more than five (5) years, to be
fixed by the bureau based upon recommendation of the court
entering a conviction. A new or reinstated license may not be
issued to the person unless that person, within the three (3) years
following the expiration of the suspension or revocation, gives
and maintains in force at all times during the effective period of
a new or reinstated license proof of financial responsibility in the
future in the manner specified in this chapter. However, the
liability of the insurance carrier under a motor vehicle liability
policy that is furnished for proof of financial responsibility in the
future as set out in this chapter becomes absolute whenever loss
or damage covered by the policy occurs, and the satisfaction by
the insured of a final judgment for loss or damage is not a
condition precedent to the right or obligation of the carrier to
make payment on account of loss or damage, but the insurance
carrier has the right to settle a claim covered by the policy. If the
settlement is made in good faith, the amount shall be deductive
from the limits of liability specified in the policy. A policy may
not be canceled or annulled with respect to a loss or damage by an
agreement between the carrier and the insured after the insured
has become responsible for the loss or damage, and a cancellation
or annulment is void. The policy may provide that the insured or
any other person covered by the policy shall reimburse the
insurance carrier for payment made on account of any loss or
damage claim or suit involving a breach of the terms, provisions,
or conditions of the policy. If the policy provides for limits in
excess of the limits specified in this chapter, the insurance carrier
may plead against any plaintiff, with respect to the amount of the
excess limits of liability, any defenses that the carrier may be
entitled to plead against the insured. The policy may further
provide for prorating of the insurance with other applicable valid
and collectible insurance. An action does not lie against the
insurance carrier by or on behalf of any claimant under the policy
until a final judgment has been obtained after actual trial by or on
behalf of any claimant under the policy.
(3) Subject to section 6.5 of this chapter, for the period ordered by
a court under IC 35-48-4-15.
(4) Subject to section 6.5 of this chapter, if the person is convicted
of a felony involving the use of a motor vehicle under
IC 35-44-3-3(b) IC 35-44.1-3-1(b) and the person:
(A) exceeded the speed limit by at least twenty (20) miles per
hour;
(B) committed criminal recklessness with a vehicle
(IC 35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b));
while committing the felony, for one (1) year after the date the
person was convicted. The convicted person has the burden of
applying for a new or renewal license and establishing that the
one (1) year period described in this subdivision and subject to
section 6.5 of this chapter has elapsed.
(5) Subject to section 6.5 of this chapter, if the person is convicted
of a felony involving the use of a motor vehicle under
IC 35-44-3-3(b), IC 35-44.1-3-1(b), the person:
(A) exceeded the speed limit by at least twenty (20) miles per
hour;
(B) committed criminal recklessness with a vehicle
(IC 35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b));
while committing the felony, and the person has a prior unrelated
conviction for a felony under IC 35-44-3-3(b), IC 35-44.1-3-1(b),
for two (2) years after the date the person was convicted. The
convicted person has the burden of applying for a new or renewal
license and establishing that the two (2) year period described in
this subdivision and subject to section 6.5 of this chapter has
elapsed.
(e) The bureau may take action as required in this section upon
receiving satisfactory evidence of a conviction of a person in another
state.
(f) For the purpose of this chapter, "conviction" includes any of the
following:
(1) A conviction upon a plea of guilty.
(2) A determination of guilt by a jury or court, even if:
(A) no sentence is imposed; or
(B) a sentence is suspended.
(3) A forfeiture of bail, bond, or collateral deposited to secure the
defendant's appearance for trial, unless the forfeiture is vacated.
(4) A payment of money as a penalty or as costs in accordance
with an agreement between a moving traffic violator and a traffic
violations bureau.
(g) A suspension or revocation under this section or under
IC 9-25-6-8 IC 9-30-13-0.5 stands pending appeal of the conviction to
a higher court and may be set aside or modified only upon the receipt
by the bureau of the certificate of the court reversing or modifying the
judgment that the cause has been reversed or modified. However, if the
suspension or revocation follows a conviction in a court of no record
in Indiana, the suspension or revocation is stayed pending appeal of the
conviction to a court of record.
(h) A person aggrieved by an order or act of the bureau under this
section or IC 9-25-6-8 IC 9-30-13-0.5 may file a petition for a court
review.
(i) This section does not authorize the suspension or revocation
of a moped license.
(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 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
(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
(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
(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.
(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
(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
(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
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.
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.
(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);
vehicles the pertinent information concerning an individual's
ineligibility under IC 9-24-2-1 to be issued a driver's license or learner's
permit, or concerning the suspension of driving privileges under
IC 9-24-2-4.
(b) This SECTION expires December 21, 2014.
