Bill Text: IN SB0350 | 2010 | Regular Session | Introduced


Bill Title: Safety equipment on funeral escort and other vehicles.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-01-14 - Senator Schneider added as second author [SB0350 Detail]

Download: Indiana-2010-SB0350-Introduced.html


Introduced Version






SENATE BILL No. 350

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-19; IC 9-21.

Synopsis: Safety equipment on funeral escort and other vehicles. Specifies the equipment that may be displayed on a funeral escort vehicle. Makes it a Class C misdemeanor to operate a funeral escort vehicle that does not bear certain markings or that is marked with certain other markings. Makes it a Class C misdemeanor to use the flashing red or amber lights and siren, whistle, or bell allowed on a funeral escort vehicle when the funeral escort vehicle is not being operated in a funeral procession. Makes it a Class C misdemeanor for a person to drive, park, or move a vehicle or equipment on a highway while the vehicle or equipment is equipped with a: (1) red, red and white, or red and blue lens; (2) red, red and white, or red and blue reflector; (3) lamp or other device that is capable of displaying a red, red and white, or red and blue light visible from directly in front of the center of the vehicle or equipment; or (4) light visible from the front of the vehicle or equipment that is other than amber or white.

Effective: July 1, 2010.





Waltz




    January 12, 2010, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

Second Regular Session 116th General Assembly (2010)


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 this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE BILL No. 350



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-19-5-3; (10)IN0350.1.1. -->     SECTION 1. IC 9-19-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) Except as provided in subsection (b) and IC 9-21-13-4:
        (1) a vehicle may not be equipped with; and
        (2) a person may not use upon a vehicle;
a siren, whistle, or bell.
    (b) An authorized emergency vehicle may be equipped with a siren, whistle, or bell that is capable of emitting sound audible under normal conditions from a distance of not less than five hundred (500) feet and of a type approved by the department. A siren authorized under this section may not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violation of the law. The person who drives a vehicle equipped with a siren under this section shall sound the siren when reasonably necessary to warn pedestrians and other persons who are driving vehicles of the approach of the authorized vehicle.
SOURCE: IC 9-19-14-5.5; (10)IN0350.1.2. -->     SECTION 2. IC 9-19-14-5.5 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5.5. (a) Except for a vehicle utilized in a funeral procession, A vehicle that is not described by sections section 2 or 5 of this chapter may not display a red and white lamp or a red and blue lamp.
    (b) A person who:
        (1) purchases or otherwise acquires a vehicle with equipment described by sections section 2 or 5 of this chapter; and
        (2) is not authorized to display a red and white or red and blue lamp upon the vehicle;
shall immediately remove the red and white or red and blue lamp from the vehicle.

SOURCE: IC 9-21-7-10; (10)IN0350.1.3. -->     SECTION 3. IC 9-21-7-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. (a) This section does not apply to a the following:
        (1) An authorized emergency
vehicle. required or authorized under this title to display
         (2) A funeral escort vehicle subject to IC 9-21-13-4.
         (3) A vehicle on which a red or red and white, or red and blue light or lens that is visible from the front of the vehicle is expressly authorized or required by this chapter.
    (b)
A person may not drive, park, or move a vehicle or equipment upon on a highway while the vehicle or equipment is equipped with a:
        (1) red, red and white, or red and blue lens;
        (2) red, red and white, or red and blue reflector; or
        (3)
lamp or other device on the vehicle or equipment that is capable of displaying a red, red and white, or red and blue light that is:
            (A) a color other than white or amber; and
            (B)
visible from directly in front of the center of the vehicle or equipment.
SOURCE: IC 9-21-7-13; (10)IN0350.1.4. -->     SECTION 4. IC 9-21-7-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 13. (a) Except as provided in subsection (b), a person who violates this chapter commits a Class C infraction.
    (b) A person who knowingly or intentionally violates section 10 of this chapter commits a Class C misdemeanor.
SOURCE: IC 9-21-13-1; (10)IN0350.1.5. -->     SECTION 5. IC 9-21-13-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) A vehicle with lighted headlights in a funeral procession has the right-of-way at an intersection and may proceed through the intersection if the procession is headed by a lead or funeral escort vehicle displaying alternately

flashing red and blue lights, except if either of the following conditions exist: exists:
        (1) When the right-of-way is required by an authorized emergency vehicle giving an audible signal.
        (2) When the vehicles in procession are directed otherwise by a police officer.
    (b) Before assuming the right-of-way, a person who drives a vehicle in the funeral procession must exercise due caution with regard to crossing traffic.

SOURCE: IC 9-21-13-4; (10)IN0350.1.6. -->     SECTION 6. IC 9-21-13-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) The lead and This section does not apply to a law enforcement vehicle.
    (b) A
funeral escort vehicles vehicle in a funeral procession may be equipped with flashing amber lights that may be used only when the vehicles are vehicle is used in a funeral procession.
    (b) (c) Notwithstanding any other provisions in this article that govern emergency vehicles, the lead and a funeral escort vehicles vehicle in a funeral procession may be equipped with flashing red lights that may be used lenses or devices capable of producing flashing red lights and may be equipped with a siren, whistle, or bell subject to the audibility requirements set forth in IC 9-19-14-3 only when the vehicles are used in a funeral procession. if all the following conditions are met:
         (1) The flashing red lights and siren may only be used only during a funeral procession to gain the right-of-way at intersections and to protect a funeral procession while crossing an intersection.
         (2) Both the right and left side of the funeral escort vehicle must be marked clearly with the words "Funeral Escort" in letters that are at least five (5) inches in height, except that when a funeral escort vehicle is a motorcycle the letters must be at least two (2) inches in height.
        (3) The funeral escort vehicle may not bear:
            (A) markings similar to the markings used by a law enforcement agency of the federal or state government;
            (B) words, emblems, seals, or other insignia that could cause a reasonable person to confuse the funeral escort vehicle with a police vehicle; or
            (C) the words "sheriff", "police", "deputy", "marshal", "agent", "patrolman", "officer", or another word that could cause a reasonable person to confuse the operator of the funeral escort vehicle with a law enforcement officer.

     (d) This chapter does not prohibit the operation of a vehicle lawfully equipped with a flashing or revolving red light or a siren, whistle, or bell when the vehicle is not being operated as a funeral escort vehicle if:
        (1) the red light is not illuminated;
        (2) the siren is not activated; and
        (3) the funeral escort vehicle complies with subsection (c)(2) and (c)(3).

SOURCE: IC 9-21-13-7; (10)IN0350.1.7. -->     SECTION 7. IC 9-21-13-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) Except as provided in subsection (b), a person who violates this chapter commits a Class C infraction.
     (b) A person who knowingly or intentionally violates section 4 of this chapter commits a Class C misdemeanor.

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