Bill Text: IN SB0538 | 2013 | Regular Session | Enrolled
Bill Title: Various motor vehicle issues.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 85 [SB0538 Detail]
Download: Indiana-2013-SB0538-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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AN ACT to amend the Indiana Code concerning motor vehicles.
(1) Department of state revenue.
(2) Department of workforce development.
(3) The programs administered by:
(A) the division of family resources;
(B) the division of mental health and addiction;
(C) the division of disability and rehabilitative services;
(D) the division of aging; and
(E) the office of Medicaid policy and planning;
of the office of the secretary of family and social services.
(4) Auditor of state.
(5) State personnel department.
(6) Secretary of state, with respect to the registration of broker-dealers, agents, and investment advisors.
(7) The legislative ethics commission, with respect to the registration of lobbyists.
(8) Indiana department of administration, with respect to bidders on contracts.
(9) Indiana department of transportation, with respect to bidders on contracts.
(10) Indiana professional licensing agency.
(11) Department of insurance, with respect to licensing of insurance producers.
(12) The department of child services.
(13) A pension fund administered by the board of trustees of the Indiana public retirement system.
(14) The state police benefit system.
(15) The alcohol and tobacco commission.
(16) The state department of health, for purposes of licensing radiologic technologists under IC 16-41-35-29(c).
(b) The bureau of motor vehicles may, notwithstanding this chapter, require the following:
(1) That an individual include the individual's Social Security number in an application for an official certificate of title for any vehicle required to be titled under IC 9-17.
(2) That an individual include the individual's Social Security number on an application for registration.
(3) That a corporation, limited liability company, firm, partnership, or other business entity include its federal tax identification number on an application for registration.
(4) That an individual include the individual's Social Security number on an application for a license, a permit, or an identification card.
(c) The Indiana department of administration, the Indiana department of transportation, and the Indiana professional licensing agency may require an employer to provide its federal employer identification number.
(d) The department of correction may require a committed offender to provide the offender's Social Security number for purposes of matching data with the Social Security Administration to determine benefit eligibility.
(e) The Indiana gaming commission may, notwithstanding this chapter, require the following:
(1) That an individual include the individual's Social Security number:
(A) in any application for a riverboat owner's license,
supplier's license, or occupational license; or
(B) in any document submitted to the commission in the
course of an investigation necessary to ensure that gaming
under IC 4-32.2, IC 4-33, and IC 4-35 is conducted with
credibility and integrity.
(2) That a sole proprietorship, a partnership, an association, a
fiduciary, a corporation, a limited liability company, or any other
business entity include its federal tax identification number on an
application for a riverboat owner's license or supplier's license.
(f) Notwithstanding this chapter, the department of education
established by IC 20-19-3-1 may require an individual who applies to
the department for a license or an endorsement to provide the
individual's Social Security number. The Social Security number may
be used by the department only for conducting a background
investigation, if the department is authorized by statute to conduct a
background investigation of an individual for issuance of the license or
endorsement.
(1) Evaluate state and local programs associated with:
(A) the prevention, detection, and solution of criminal offenses;
(B) law enforcement; and
(C) the administration of criminal and juvenile justice.
(2) Improve and coordinate all aspects of law enforcement, juvenile justice, and criminal justice in this state.
(3) Stimulate criminal and juvenile justice research.
(4) Develop new methods for the prevention and reduction of crime.
(5) Prepare applications for funds under the Omnibus Act and the Juvenile Justice Act.
(6) Administer victim and witness assistance funds.
(7) Administer the traffic safety functions assigned to the institute under IC 9-27-2.
(8) Compile and analyze information and disseminate the information to persons who make criminal justice decisions in this state.
(9) Serve as the criminal justice statistical analysis center for this state.
(10) Identify grants and other funds that can be used by the department of correction to carry out its responsibilities
concerning sex or violent offender registration under IC 11-8-8.
(11) Administer the application and approval process for
designating an area of a consolidated or second class city as a
public safety improvement area under IC 36-8-19.5.
(12) Develop and maintain a meth watch program to inform
retailers and the public about illicit methamphetamine production,
distribution, and use in Indiana.
(13) Establish, maintain, and operate, subject to specific
appropriation by the general assembly, a web site containing a list
of properties (as defined in IC 5-2-6-19(b)) that have been used
as the site of a methamphetamine laboratory.
(14) Develop and manage the gang crime witness protection
program established by section 21 of this chapter.
(15) Identify grants and other funds that can be used to fund the
gang crime witness protection program.
(16) After December 31, 2008, administer the licensing of:
(A) commercial driver training schools; and
(B) instructors at commercial driver training schools.
(17) (16) Administer any sexual offense services.
(18) (17) Administer domestic violence programs.
(19) (18) Administer assistance to victims of human sexual
trafficking offenses as provided in IC 35-42-3.5-4.
(20) (19) Administer the domestic violence prevention and
treatment fund under IC 5-2-6.7.
(21) (20) Administer the family violence and victim assistance
fund under IC 5-2-6.8.
motorcycle dealer and that is approved by the bureau.
(b) This subsection applies after December 31, 2011. "Approved
motorcycle driver education and training course" means:
(1) a course offered by a public or private secondary school, a
new motorcycle dealer, or another driver education school
offering motorcycle driver training as developed and approved by
the bureau; or
(2) a course that is:
(A) offered by a commercial driving school or new motorcycle
dealer; and
(B) approved by the bureau.
(1) operating a motor vehicle registered as having a gross weight of at least sixteen thousand (16,000) pounds
(2) operating a private bus.
(b) "Chauffeur", for purposes of IC 9-25, means a person:
(1) who is employed for hire for the principal purpose of operating a motor vehicle upon the highways;
(2) who operates a motor vehicle while in use as a carrier of passengers or property for hire; or
(3) who drives or operates a motor vehicle while in use as a school bus for the transportation of pupils to or from school.
which the license was issued, in the manner for which the license
was issued, on public streets, roads, or highways.
(b) "Driver's license", for purposes of IC 9-28-2, has the meaning set
forth in IC 9-28-2-4.
(1) A record maintained by the bureau as required under IC 9-14-3-7.
(2) A record established by the bureau under IC 9-24-18-9.
(1) A person who
(A) Attending a postsecondary educational institution.
(B) Serving on active duty in the armed forces of the United States.
(C) Temporary employment.
(D) Other purposes, without the intent of making Indiana a permanent home.
(2) A person who is living in Indiana if the person has no other legal residence.
(3) A person who is registered to vote in Indiana or who satisfies the standards for determining residency in Indiana under IC 3-5-5.
(4) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
(5) A person who has more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) derived from sources in Indiana using the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who is considered a resident under this subdivision is not a resident if the person
proves by a preponderance of the evidence that the person is not
a resident under subdivisions (1) through (4).
(6) A person who:
(A) is enrolled as a student of a truck driver training school;
(B) has legal residence in another state but is living in Indiana
temporarily for the express purpose of taking a course of study
from the truck driver training school; and
(C) intends to return to the person's state of residence upon
completion of the course of study of the truck driver training
school.
(1) A state police officer.
(2) A city, town, or county police officer.
(3) A sheriff.
(4) A county coroner in accordance with IC 36-2-14-4.
(5) A conservation officer.
(6) An individual assigned
(7) A member of a consolidated law enforcement department established under IC 36-3-1-5.1.
(8) An excise police officer of the alcohol and tobacco commission.
(9) A gaming control officer employed by the gaming control division under IC 4-33-20.
(b) "Law enforcement officer", for purposes of IC 9-30-6 and IC 9-30-7, has the meaning set forth in IC 35-31.5-2-185.
(1) The parking or standing of motor vehicles.
(2) Motor vehicles that are not in motion.
(b) "Operate", for purposes of IC 9-31, means to navigate or otherwise
(1) drives or
(2) is exercising control over or steering a motor vehicle being towed by another vehicle.
(b) "Operator", for purposes of IC 9-25, means a person other than a chauffeur who is in actual physical control of a motor vehicle.
(1) a violation of a statute, an ordinance, a rule, or a regulation relating to the operation or use of motor vehicles; and
(2) any violation of a statute, an ordinance, a rule, or a regulation relating to the use of streets and highways by pedestrians or by the operation of any other vehicle.
through the adoption of interim written guidelines approved by the
commissioner of the bureau.
(b) This section expires December 31, 2014.
(b) This section does not prevent the bureau from issuing a license under this article to an individual who is:
(1) not required by this article to reside in Indiana to receive the license; and
(2) otherwise qualified to receive the license.
(1) An operator's, a chauffeur's, a public passenger chauffeur's, or a commercial driver's license with a motorcycle endorsement.
(2) A motorcycle learner's permit subject to the limitations imposed under IC 9-24-8.
(3) A driver's license from any other jurisdiction that is valid for the operation of a motorcycle in that jurisdiction.
(b) An individual who held a motorcycle operator's license on December 31, 2011, must hold a valid operator's, chauffeur's, public passenger chauffeur's, or commercial driver's license with a motorcycle endorsement in order to operate
(1) An individual in the service of the armed forces of the United States while operating an official motor vehicle in that service.
(2) An individual who is at least sixteen (16) years and one hundred eighty (180) days of age, while operating:
(A) a road roller;
(B) road construction or maintenance machinery, except where the road roller or machinery is required to be registered under
Indiana law;
(C) a ditch digging apparatus;
(D) a well drilling apparatus; or
(E) a concrete mixer; or
(F) a farm tractor, a farm wagon (as defined in
IC 9-13-2-60(a)(2)), or an implement of agriculture designed
to be operated primarily in a farm field or on farm premises;
that is being temporarily drawn, moved, or propelled on a public
highway. However, to operate a farm wagon (as defined in
IC 9-13-2-60(a)(2)) on a highway, an individual must be at least
fifteen (15) years of age.
(3) A nonresident who:
(A) is at least sixteen (16) years and one (1) month hundred
eighty (180) days of age;
(B) has in the nonresident's immediate possession a valid
driver's license that was issued to the nonresident in the
nonresident's home state or country; and
(C) is lawfully admitted into the United States;
while operating a motor vehicle upon a public highway only as an
operator.
(4) A nonresident who:
(A) is at least eighteen (18) years of age;
(B) has in the nonresident's immediate possession a valid
chauffeur's license that was issued to the nonresident in the
nonresident's home state or country; and
(C) is lawfully admitted into the United States;
while operating a motor vehicle upon a public highway, either as
an operator or a chauffeur.
(5) A nonresident who:
(A) is at least eighteen (18) years of age; and
(B) has in the nonresident's immediate possession a valid
license issued by the nonresident's home state for the operation
of any motor vehicle upon a public highway when in use as a
public passenger carrying vehicle;
while operating a motor vehicle upon a public highway, either as
an operator or a public passenger chauffeur.
(6) An individual who is legally licensed to operate a motor
vehicle in the state of the individual's residence and who is
employed in Indiana, subject to the restrictions imposed by the
state of the individual's residence.
(7) A new resident of Indiana who possesses a valid, unrestricted
driver's license issued by the resident's former state of residence,
for a period of sixty (60) days after becoming a resident of
Indiana.
(8) An individual who is an engineer, a conductor, a brakeman, or
another member of the crew of a locomotive or a train that is
being operated upon rails, including the operation of the
locomotive or the train on a crossing over a street or a highway.
An individual described in this subdivision is not required to
display a license to a law enforcement officer in connection with
the operation of a locomotive or a train in Indiana.
(9) An individual while operating:
(A) a farm tractor;
(B) a farm wagon (as defined in IC 9-13-2-60(a)(2)); or
(C) an implement of agriculture designed to be operated
primarily in a farm field or on farm premises;
that is being temporarily drawn, moved, or propelled on a
public highway. However, to operate a farm wagon (as
defined in IC 9-13-2-60(a)(2)) on a highway, other than to
temporarily draw, move, or propel the farm wagon (as
defined in IC 9-13-2-60(a)(2)), an individual must be at least
fifteen (15) years of age.
(b) An ordinance adopted under IC 9-21-1-3(a)(14) or
IC 9-21-1-3.3(a) must require that an individual who operates a golf
cart in the city, county, or town hold a driver's license.
(1) An individual whose
(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.
(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:
(A) the person successfully passes the examination; or
(B) the bureau waives the examination requirement.
(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.
(10) An individual who does not otherwise satisfy the
requirements of this article.
(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.
(b) Conditional driving privileges described in subsection (a) are valid for thirty (30) days from the date of the notice sent by the bureau. If the person obtains an
operate a motor vehicle with the conditional driving privileges beyond
the thirty (30) day period.
(c) If the person does not obtain an amended order within the thirty
(30) day period, the bureau shall suspend the person's driving
privileges.
(1) The person becomes eighteen (18) years of age.
(2) One hundred twenty (120) days after the person is suspended.
(3) The suspension, expulsion, or exclusion is reversed after the person has had a hearing under IC 20-33-8.
(b) The bureau shall promptly mail a notice to the person's last known address that states the following:
(1) That the person's driving privileges will be
(2) That the person has the right to appeal the suspension of the driving privileges.
(c) If an aggrieved person believes that:
(1) the information provided was technically incorrect; or
(2) the bureau committed a technical or procedural error;
the aggrieved person may appeal the invalidation of a license under section 5 of this chapter.
(d) If a person satisfies the conditions for reinstatement of a license under this section, the person may submit to the bureau for review the necessary information certifying that at least one (1) of the events described in subsection (a) has occurred.
(e) Upon reviewing and certifying the information received under subsection (d), the bureau shall reinstate the person's driving privileges.
(f) A person may not operate a motor vehicle in violation of this section.
(g) A person whose driving privileges are suspended under this section
(h) The bureau shall reinstate the driving privileges of a person whose driving privileges were suspended under this section if the person does the following:
(1) Establishes to the satisfaction of the principal of the school where the action occurred that caused the suspension of the driving privileges that the person has:
(A) enrolled in a full-time or part-time program of education; and
(B) participated for thirty (30) or more days in the program of education.
(2) Submits to the bureau a form developed by the bureau that contains:
(A) the verified signature of the principal or the president of the governing body of the school described in subdivision (1); and
(B) notification to the bureau that the person has complied with subdivision (1).
A person may appeal the decision of a principal under subdivision (1) to the governing body of the school corporation where the principal's school is located.
(1) The individual meets the following conditions:
(A) Is at least sixteen (16) years and one hundred eighty (180) days of age.
(B) Has held a valid learner's permit for at least one hundred eighty (180) days.
(C) Obtains an instructor's certification that the individual has satisfactorily completed an approved driver education course.
(D) Passes the required examination.
(E) Completes at least fifty (50) hours of supervised driving practice, of which at least ten (10) hours are nighttime driving, with:
(i) a licensed instructor or a licensed driver, with valid driving privileges, who is at least twenty-five (25) years of age; or
(ii) the spouse of the individual who is a licensed driver with valid driving privileges and is at least twenty-one
(21) years of age;
(2) The individual meets the following conditions:
(A) Is at least sixteen (16) years and two hundred seventy
(270) days of age.
(B) Has held a valid learner's permit for at least one hundred
eighty (180) days.
(C) Passes the required examination.
(D) Completes at least fifty (50) hours of supervised driving
practice, of which at least ten (10) hours are nighttime driving,
with:
(i) a licensed instructor or a licensed driver, with valid
driving privileges, who is at least twenty-five (25) years of
age; or
(ii) the spouse of the individual who is a licensed driver
with valid driving privileges and is at least twenty-one
(21) years of age;
(3) The individual meets the following conditions:
(A) Is at least sixteen (16) years and one hundred eighty (180)
days of age but less than eighteen (18) years of age.
(B) Has previously been a nonresident of Indiana, but, at the
time of application, qualifies as an Indiana resident.
(C) Has held a valid driver's license, excluding a learner's
permit or the equivalent, in the state or a combination of states
in which the individual formerly resided for at least one
hundred eighty (180) days.
(D) Passes the required examination. examinations.
(4) The individual meets the following conditions:
(A) Is at least eighteen (18) years of age.
(B) Has previously been a nonresident of Indiana but, at the
time of application, qualifies as an Indiana resident.
(C) Held a valid driver's license, excluding a learner's permit
or the equivalent, from the state of prior residence.
(D) Passes the required examination. examinations.
(b) An applicant who is required to complete at least fifty (50) hours
of supervised practice driving under subsection (a)(1)(E) or (a)(2)(D)
must submit to the commission under IC 9-24-9-2(c) evidence of the
time logged in practice driving.
(1) transport persons for hire; and
(2) operate a motor vehicle, except a commercial motor vehicle or a motorcycle without the proper permit or endorsement;
upon a public highway.
(b) The rules must carry out 49 U.S.C. 521, 49 U.S.C. 31104, 49 U.S.C. 31301 through 31306, 49 U.S.C. 31308 through 31317, and 49 CFR 383 through 384, and may not be more restrictive than the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159, 113 Stat. 1748).
(c) Rules adopted under this section must include the following:
(1) Establishment of classes and periods of validation of commercial driver's licenses, including the period set forth in
(2) Standards for commercial driver's licenses, including suspension and revocation procedures.
(3) Requirements for documentation of eligibility for legal employment, as set forth in 8 CFR 274a.2, and proof of Indiana residence.
(4) Development of written or oral tests, driving tests, and fitness requirements.
(5) Defining the commercial driver's licenses by classification and the information to be contained on the licenses, including a unique identifier of the holder.
(6) Establishing fees for the issuance of commercial driver's licenses, including fees for testing and examination.
(7) Procedures for the notification by the holder of a commercial driver's license to the bureau and the driver's employer of pointable traffic offense convictions.
(8) Conditions for reciprocity with other states, including requirements for a written commercial driver's license test and operational skills test, and a hazardous materials endorsement written test and operational skills test, before a license may be issued.
(9) Certification of commercial motor vehicle operators who transport one (1) or more metal coils that, individually or grouped together, weigh at least two thousand two hundred sixty-eight (2,268) kilograms (five thousand (5,000) pounds), as to proper load securement of the metal coil or coils as provided in 49 CFR 393.120.
(10) Other rules necessary to administer this chapter.
(d) 49 CFR 383 through 384 and 49 CFR 393.120 are adopted as Indiana law.
(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) twenty-five (25) years of age; or
(B) if the licensed driver is the holder's spouse, twenty-one (21) years of age.
(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) twenty-five (25) years of age; or
(B) if the licensed driver is the holder's spouse, twenty-one
(21) years of age.
(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. a
licensed driver with valid driving privileges who is at least
twenty-one (21) years of age.
(1) An online driving guide that may be used by the holder of a learner's permit and the parent of the holder of a learner's permit, if applicable.
(2) An online log that must be completed to show evidence of the completion of the hours of supervised practice driving required under IC 9-24-3-2.5(a)(1)(E) or IC 9-24-3-2.5(a)(2)(D).
(1) satisfactorily completes the written and approved operational skills tests;
(2) satisfactorily completes a motorcycle operator safety education course approved by the
(3) holds a current motorcycle operator endorsement or motorcycle operator's license from any other jurisdiction and successfully completes the written test.
The bureau may waive the testing requirements for an individual who has completed a course described in subdivision (2).
(b) The bureau may not issue a motorcycle endorsement to an individual less than sixteen (16) years and one hundred eighty (180) days of age.
(c) If an applicant for a motorcycle license endorsement is less than eighteen (18) years of age, the bureau may not issue a license endorsement described in subsection (a) if the applicant is ineligible under IC 9-24-2-1.
(d) The bureau shall develop and implement both a written test and an operational skills test to determine whether an applicant for a
motorcycle endorsement demonstrates the necessary knowledge and
skills to operate a motorcycle upon a highway. The written test must be
made available at license branch locations approved by the bureau. The
operational skills test must be given at locations designated by the
bureau. The bureau shall adopt rules under IC 4-22-2 to establish
standards for persons administering operational skills tests and the
provisions of the operational skills test. An individual applying for a
motorcycle endorsement must pass the written exam before taking the
operational skills test. If an applicant fails to satisfactorily complete
either the written or operational tests, the applicant may reapply for and
must be offered the examination upon the same terms and conditions
as applicants may reapply for and be offered examinations for an
operator's license. The bureau shall publish and make available at all
locations where an individual may apply for an operator's license
information concerning a motorcycle endorsement.
(e) An individual may apply for a motorcycle endorsement not later
than the expiration date of the permit. However, an individual who
holds a learner's permit and does not pass the operating skills
examination after a third attempt is not eligible to take the examination
until two (2) months after the date of the last failed examination.
(f) A person who held a valid Indiana motorcycle operator's license
on December 31, 2011, may be issued a motorcycle operator's
endorsement after December 31, 2011, on a valid Indiana operator's,
chauffeur's, public passenger chauffeur's, or commercial driver's
license after:
(1) making the appropriate application for endorsement;
(2) passing the appropriate examinations; and
(3) paying the appropriate fee set forth in IC 9-29-9-7 or
IC 9-29-9-8.
(1) shall revoke the motorcycle learner's permit of a person
(2) may not issue a motorcycle learner's permit or motorcycle endorsement to a person referred to in subdivision (1) for at least (1) year
(1) be made upon the approved form for the application furnished
by the bureau;
(2) include a signed affidavit in which the applicant swears or
affirms that the information set forth in the application by the
applicant is correct; and
(3) include a voter registration form as provided in IC 3-7-14 and
42 U.S.C. 1973gg-3(c)(1).
The application must be presented in person. However, an online
application does not have to include a voter registration form
under subdivision (3).
(b) The Indiana election commission may prescribe a voter
registration form for use under subsection (a) that is a separate
document from the remaining portions of the application described in
subsection (a)(1) and (a)(2) if the voter registration form remains a part
of the application, as required under 42 U.S.C. 1973gg-3(c)(1).
(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, 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 showing the applicant's legal
name as it appears or will appear on the license or permit.
(13) A digital photograph of the applicant.
The bureau shall maintain records of the information provided under
subdivisions (1) through (12). (13).
(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 bureau
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 or separation, other than a dishonorable discharge,
from the armed forces of the United States.
The bureau shall maintain records of the information provided under
this subsection.
(1) appear before a member of the bureau designated by the commissioner; or
(2) appear before an instructor having an endorsement under IC 9-27-6-8 who did not instruct the individual applying for the license or permit in driver education;
and be examined concerning the applicant's qualifications and ability to operate a motor vehicle upon Indiana highways.
(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
(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
(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
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.
(1) the face of the application;
(2) the apparent physical or mental condition of the applicant;
(3) the records of the bureau; or
that the applicant does not apparently possess the physical, mental, or other qualifications to operate a motor vehicle in a manner that does not jeopardize the safety of individuals or property.
(b) Upon the conclusion of all examinations or investigations under this section, the bureau shall take appropriate action and may:
(1) refuse to issue or reissue the license, permit, endorsement, or privileges;
(2) suspend or revoke the license, permit, endorsement, or privileges;
(3) issue restricted driving privileges subject to restrictions the bureau considers necessary in the interest of public safety; or
(4) permit the licensed driver to retain or obtain the license, permit, endorsement, or privileges.
(c) An applicant may appeal an action taken by the bureau under this section to the circuit or superior court of the county in which the applicant resides.
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. (a) If the bureau has good cause to believe that
a licensed driver is:
(1) incompetent; or
(2) otherwise not qualified to be licensed; unfit to operate a
vehicle;
the bureau may, upon written notice of at least five (5) days, require the
licensed driver to submit to an examination, The bureau also may
conduct a reasonable an investigation of the driver's continued fitness
to operate a motor vehicle safely, including requesting medical
information from the driver or the driver's health care sources, or both
an examination and an investigation.
(b) Upon the conclusion of an examination or investigation all
examinations and investigations of a driver under this section, the
bureau:
(1) shall take appropriate action; and
(2) may:
(A) suspend or revoke the license or driving privileges of the
licensed driver;
(B) permit the licensed driver to retain the license or driving
privileges of the licensed driver; or
(C) issue a restricted license driving privileges subject to
restrictions considered the bureau considers necessary in the
interest of public safety.
(c) If a licensed driver refuses or neglects to submit to an
examination or investigation under this section, the bureau may
suspend or revoke the license or driving privileges of the licensed
driver. The bureau may not suspend or revoke the license or driving
privileges of the licensed driver until a reasonable investigation of the
driver's continued fitness to operate a motor vehicle safely has been
made by the bureau.
(d) A licensed driver may appeal an action taken by the bureau
under this section to the circuit court or superior court of the county in
which the licensed driver resides.
(b) A license issued to or held by an individual less than eighteen (18) years of age is a probationary license. An individual holds a probationary license subject to the following conditions:
(1) Except as provided in subdivision (3), the individual may not
operate a motor vehicle from 10 p.m. until 5 a.m. of the following
morning during the first one hundred eighty (180) days after
issuance of the probationary license.
(2) Except as provided in subdivision (3), after one hundred
eighty (180) days after issuance of the probationary license, and
until the individual becomes eighteen (18) years of age, an
individual may not operate a motor vehicle:
(A) between 1 a.m. and 5 a.m. on a Saturday or Sunday;
(B) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday,
or Thursday; or
(C) before 5 a.m. on Monday, Tuesday, Wednesday, Thursday,
or Friday.
(3) The individual may operate a motor vehicle during the periods
described in subdivisions (1) and (2) if the individual operates the
motor vehicle while:
(A) participating in, going to, or returning from:
(i) lawful employment;
(ii) a school sanctioned activity; or
(iii) a religious event; or
(B) accompanied by a licensed driver with valid driving
privileges who is:
(i) at least twenty-five (25) years of age; or
(ii) if the licensed driver is the individual's spouse, at
least twenty-one (21) years of age.
(4) The individual may not operate a motor vehicle while using a
telecommunications device until the individual becomes eighteen
(18) years of age unless the telecommunications device is being
used to make a 911 emergency call.
(5) Except as provided in subdivision (6), during the one hundred
eighty (180) days after the issuance of the probationary license,
the individual may not operate a motor vehicle in which there are
passengers until the individual becomes eighteen (18) years of
age unless another individual accompanied in the front seat of
the motor vehicle by:
(A) who:
(i) is at least twenty-five (25) years of age; and
(ii) holds a valid operator's, chauffeur's, public passenger
chauffeur's, or commercial driver's license issued under this
article;
(B) who is
(A) a certified driver education instructor; or
(C) who is the parent, guardian, or stepparent of the operator
and is at least twenty-one (21) years of age;
is present in the front seat of the motor vehicle.
(B) a licensed driver with valid driving privileges who is:
(i) at least twenty-five (25) years of age; or
(ii) if the licensed driver is the individual's spouse, at
least twenty-one (21) years of age.
(6) The individual may operate a motor vehicle and transport:
(A) a child or stepchild of the individual;
(B) a sibling of the individual, including step or half siblings;
(C) a child and a sibling of the individual;
(D) (C) the spouse of the individual; or
(E) a child and the spouse of the individual; (D) any
combination of individuals described in clauses (A)
through (C);
without another accompanying individual present in the motor
vehicle.
(7) The individual may operate a motor vehicle only if the
individual and each occupant of the motor vehicle are:
(A) properly restrained by a properly fastened safety belt; or
(B) if the occupant is a child, restrained in a properly fastened
child restraint system according to the manufacturer's
instructions under IC 9-19-11;
properly fastened about the occupant's body at all times when the
motor vehicle is in motion.
(c) An individual who holds a probationary license issued under this
section may be eligible to receive an operator's license, a chauffeur's
license, a public passenger chauffeur's license, or a commercial driver's
license when the individual is at least eighteen (18) years of age.
(d) Except as provided in IC 9-24-12-1(e), a probationary license
issued under this section:
(1) expires at midnight of the date thirty (30) days after the
twenty-first birthday of the holder; and
(2) may not be renewed.
(b) An individual may not hold a driver's license and an identification card
permit or license issued under this chapter must contain the following
information:
(1) The full legal name of the permittee or licensee.
(2) The date of birth of the permittee or licensee.
(3) The address of the principal residence of the permittee or
licensee.
(4) The hair color and eye color of the permittee or licensee.
(5) The date of issue and expiration date of the permit or license.
(6) The gender of the permittee or licensee.
(7) The unique identifying number of the permit or license.
(8) The weight of the permittee or licensee.
(9) The height of the permittee or licensee.
(10) A reproduction of the signature of the permittee or licensee.
(11) If the permittee or licensee is less than eighteen (18) years of
age at the time of issuance, the dates on which the permittee or
licensee will become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(12) If the permittee or licensee is at least eighteen (18) years of
age but less than twenty-one (21) years of age at the time of
issuance, the date on which the permittee or licensee will become
twenty-one (21) years of age.
(13) Except as provided in subsection subsections (b) and (c), a
digital photograph of the permittee or licensee.
(b) A motorcycle learner's permit issued under IC 9-24-8 does not
require a digital photograph.
(c) The bureau may provide for the omission of a photograph or
computerized image from any license or permit if there is good cause
for the omission. However, a license issued without a digital
photograph must include the language described in subsection (f).
(d) The information contained on the permit or license as required
by subsection (a)(11) or (a)(12) for a permittee or licensee who is less
than twenty-one (21) years of age at the time of issuance shall be
printed prominently on the permit or license.
(e) This subsection applies to a permit or license issued after
January 1, 2007. If the applicant for a permit or license submits
information to the bureau concerning the applicant's medical condition,
the bureau shall place an identifying symbol on the face of the permit
or license to indicate that the applicant has a medical condition of note.
The bureau shall include information on the permit or license that
briefly describes the medical condition of the holder of the permit or
license. The information must be printed in a manner that alerts a
person reading the permit or license to the existence of the medical
condition. The permittee or licensee is responsible for the accuracy of
the information concerning the medical condition submitted under this
subsection. The bureau shall inform an applicant that submission of
information under this subsection is voluntary.
(f) Any license or permit issued by the state that does not require a
digital photograph must include a statement that indicates that the
license or permit may not be accepted by any federal agency for federal
identification or any other federal purpose.
(g) A license or permit issued by the state to an individual who:
(1) has a valid, unexpired nonimmigrant visa or has nonimmigrant
visa status for entry in the United States;
(2) has a pending application for asylum in the United States;
(3) has a pending or approved application for temporary protected
status in the United States;
(4) has approved deferred action status; or
(5) has a pending application for adjustment of status to that of an
alien lawfully admitted for permanent residence in the United
States or conditional permanent residence status in the United
States;
must be clearly identified as a temporary license or permit. A
temporary license or permit issued under this subsection may not be
renewed without the presentation of valid documentary evidence
proving that the licensee's or permittee's temporary status has been
extended.
(h) The bureau may adopt rules under IC 4-22-2 to carry out this
section.
(i) 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 address of the individual's
principal residence, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the address of the
individual's principal residence.
(1) indicated on the application that the permittee or licensee is a veteran of the armed forces of the United States and wishes to have an indication of the permittee's or licensee's veteran status appear on the license or permit; and
(2) provided proof of discharge or separation, other than a
dishonorable discharge, from the armed forces of the United
States;
an indication of the permittee's or licensee's veteran status shall be
shown on the license or permit.
(b) An operator's, a chauffeur's, or a public passenger chauffeur's permit or license issued to an individual under this section must bear a restriction on the
(c) An individual who wishes to have an operator's, a chauffeur's, or a public passenger chauffeur's permit or license issued 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
(2) carried in any vehicle that the individual operates; and
(3) renewed each time the individual's
(b) The court shall specify:
(1) the length of the fixed period of suspension; and
(2) the date the fixed period of suspension begins;
whenever the court makes a recommendation under subsection (a). If the court fails to recommend a fixed term of suspension, or recommends a fixed term that is less than the minimum term required by statute, the bureau shall impose the minimum period of suspension required under this chapter.
receiving a record of conviction of a person under section 8(c) of this
chapter, set a period of suspension for a fixed period of at least ninety
(90) days and not more than two (2) years. The bureau shall fix this
period in accordance with the recommendation of the court that entered
the conviction, as provided in section 10 of this chapter. If the court
fails to recommend a fixed term of suspension, or recommends a fixed
term that is less than the minimum term required by statute, the
bureau shall impose the minimum period of suspension required under
this chapter.
(b) Except as provided in sections 10, 11, and 12 of this chapter, a public passenger chauffeur's license issued under this article to an applicant who is at least seventy-five (75) years of age expires at midnight of the birthday of the holder that occurs two (2) years following the date of issuance.
(1) Pass an eyesight examination.
(2) Pass a written examination if:
(A) the applicant has at least six (6) active points on the applicant's driving record maintained by the bureau;
(B) the applicant holds a valid operator's license, has not reached the applicant's twenty-first birthday, and has active points on the applicant's driving record maintained by the bureau; or
(C) the applicant is in possession of a driver's license that is expired beyond one hundred eighty (180) days.
(b) The bureau may adopt rules under IC 4-22-2 concerning the ability of a holder of an operator's, a chauffeur's, or a public passenger chauffeur's 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 license by mail or by electronic service is subject to the following conditions:
(1) A valid computerized image of the individual must exist within the records of the bureau.
(2) The previous renewal of the individual's operator's, chauffeur's, or public passenger chauffeur's 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) If the individual were applying for the license renewal in person at a license branch, the individual would not be required under subsection (a)(2) to submit to a written examination.
(5) The individual must be a citizen of the United States, as shown in the records of the bureau.
(6) 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 operator's, chauffeur's, or public passenger chauffeur's license.
(7) The operator's, chauffeur's, or public passenger chauffeur's license of the individual must not be:
(A) suspended; or
(B) expired more than one hundred eighty (180) days;
at the time of the application for renewal.
(8) The individual must be less than seventy-five (75) years of age at the time of the application for renewal.
(c) An individual applying for the renewal of an operator's, a chauffeur's, or a public passenger chauffeur's 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).
Indiana.
(2) Submits a completed application provided by the bureau and
payment of the fee required in IC 9-29-9.
(3) Submits a written affidavit that affirms that no source
document upon which the operator's license was issued has
changed or been altered since the prior issuance of the operator's
license.
(c) The Indiana operator's license of an individual who is
temporarily residing outside Indiana remains valid for thirty (30) days
beyond the expiration date of that license if the individual meets the
following conditions:
(1) Has applied for a renewal of the license.
(2) Has not been denied a renewal of the license by the bureau.
(d) Upon receiving an application for the renewal of an Indiana
operator's license from an individual temporarily residing outside
Indiana, the bureau shall do the following:
(1) Either renew or deny the renewal of the license within ten (10)
days.
(2) Notify the individual of the decision.
(e) (a) When the Indiana driver's license of an individual who is
temporarily residing outside Indiana because of service in the armed
forces of the United States has expired, the driver's license remains
valid for ninety (90) days following the individual's discharge from
service in the armed forces or postdeployment in the armed forces. To
obtain a renewed driver's license, the individual must do the following:
(1) Apply for a renewal of the driver's license during the ninety
(90) day period following the individual's discharge or
postdeployment in the armed forces.
(2) Show proof of the individual's discharge from service in the
armed forces or status as postdeployment in the armed forces to
the bureau when applying for the renewal.
An individual who held a commercial driver's license that expired
during the individual's service in the armed forces may renew the
commercial driver's license as if the commercial driver's license had
not expired but had remained valid during the period of service in the
armed forces of the United States.
(b) When the Indiana driver's license of an individual who is
temporarily residing outside Indiana because of the service of a
spouse, parent, or guardian in the armed forces of the United
States has expired, the driver's license remains valid for ninety (90)
days following the discharge from service in the armed forces or
end of deployment in the armed forces of the individual's spouse,
parent, or guardian. To obtain a renewed driver's license, the
individual must do the following:
(1) Apply for a renewal of the driver's license during the
ninety (90) day period following the discharge from or end of
deployment in the armed forces of the individual's spouse,
parent, or guardian.
(2) Show proof to the bureau of the discharge from or end of
deployment in the armed forces of the individual's spouse,
parent, or guardian when applying for the renewal.
(1) an operator's;
(2) a chauffeur's; or
(3) a public passenger chauffeur's;
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.
(1) A suspension of
(A) received a request for evidence of financial responsibility after:
(i) an accident under IC 9-25-5-2; or
(ii) a conviction of a motor vehicle violation under IC 9-25-9-1; and
(B) failed to provide proof of financial responsibility under IC 9-25-6;
only if the individual shows by a preponderance of the evidence that the failure to maintain financial responsibility was inadvertent.
(2) When suspension of driving privileges is by reason of:
(A) physical, mental, or emotional instability;
(B) having caused serious bodily injury to or the death of another person when operating a motor vehicle after knowingly or intentionally failing to take prescribed medication, the taking of which was a condition of the issuance of the operator's restricted driver's license; or
(C) the applicant has been convicted of involuntary manslaughter or reckless homicide as a result of an automobile accident.
(3) A suspension of the
(4) A suspension of the
(5) After June 30, 2005, a suspension of the
(6) A person who is a habitual violator of traffic laws under IC 9-30-10.
(1) an individual's driving
(2) because of the nature of the individual's employment, the suspension would work an undue hardship and burden upon the individual's family or dependents; and
(3) the individual is
privileges under section 1 of this chapter;
the individual may file a verified petition for restricted driving
privileges for the sole purpose of driving to and from work and in the
course of employment during the period of the driving license
suspension.
(1) The petitioner's age, place of residence, and occupation.
(2) That the petitioner has never been convicted of a similar offense or been previously suspended more than one (1) time.
(3) The reason and nature of the hardship or burden upon the petitioner's family or dependents.
(4) The nature of and the necessity of the use of a motor vehicle in the petitioner's employment.
(5) The petitioner's place of employment, hours worked, and route to be traveled for employment purposes.
(6) A certified copy of the petitioner's driving record in Indiana and other states in which the petitioner has held driving privileges, including all states in which the petitioner has held a commercial driver's license.
(7) If applicable, a verified statement that the petitioner meets eligibility requirements for
(1) The person was not convicted of one (1) or more of the following:
(A) A Class D felony under IC 9-30-5-4 before July 1, 1996, or a Class D felony or a Class C felony under IC 9-30-5-4 after June 30, 1996.
(B) A Class C felony under IC 9-30-5-5 before July 1, 1996, or a Class C felony or a Class B felony under IC 9-30-5-5 after June 30, 1996.
(4) The driving privileges of the person have not previously been suspended more than one (1) time for any reason.
(5) The person is participating in a rehabilitation program certified by either the division of mental health and addiction or the Indiana judicial center.
(b) The person filing the petition for restricted driving privileges shall include in the petition the information specified in subsection (a) in addition to the information required by sections 3 through 4 of this chapter.
(c) Whenever the court grants a person restricted driving privileges under this chapter, that part of the court's order granting
(d) If a court requires installation of a certified ignition interlock device under subsection (c), the court shall order the bureau to record this requirement in the person's driving record in accordance with IC 9-14-3-7. When the person is no longer required to operate only a motor vehicle equipped with an ignition interlock device, the court shall notify the bureau that the ignition interlock use requirement has expired and order the bureau to update its records accordingly.
(1) to and from the petitioner's regular place of employment;
(2) in the course of the petitioner's regular employment;
(3) to and from the petitioner's place of worship; or
(4) to participate in parenting time with the petitioner's children consistent with a court order granting parenting time;
the court may grant a petition for restricted driving privileges filed under this chapter.
(b) Restricted driving privileges issued by the bureau under this section must specify that the restricted driving privileges are valid only for purposes of driving under the conditions described in subsection (a).
(c) Restricted driving privileges issued by the bureau under this section shall be:
(1) issued in the same manner; and
(2) subject to all requirements;
as other permits under this chapter.
(1) has been granted restricted driving privileges; and
(2) operates a motor vehicle:
(A) in violation of the terms, limitations, or restrictions set out by the court; and
(B) during the period of suspension of the person's current driving license;
commits a Class B misdemeanor.
(b) The bureau shall, upon receipt of notice of a conviction for a violation of this section, do the following:
(1) Revoke the person's restricted driving privileges.
(2) Suspend the person's current driving license for
In addition, the bureau may not issue restricted driving privileges to the person during the original existing or any additional period of suspension.
(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) A digital photograph of the applicant.
(8) The signature of the applicant showing the applicant's legal name as it will appear on the identification card.
The bureau shall maintain records of the information provided under subdivisions (1) through (8).
(b) The bureau may invalidate an identification card that the bureau believes to have been issued as a result of fraudulent documentation.
(c) The bureau:
(1) shall adopt rules under IC 4-22-2 to establish a procedure to verify an applicant's identity and lawful status; and
(2) may adopt rules to establish a procedure to temporarily invalidate an identification card that it believes to have been issued based on fraudulent documentation.
(d) 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.
(e) In addition to the information required under subsection (a), an application for an identification card 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 identification card. An applicant who wishes to have an indication of the applicant's veteran status appear on the identification card 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 identification card; and
(2) verify the applicant's veteran status by providing proof of discharge or separation, other than a dishonorable discharge, from the armed forces of the United States.
The bureau shall maintain records of the information provided under this subsection.
(b) Except as provided in subsection (g), the front side of an identification card must contain the expiration date of the identification card and the following information about the individual to whom the card is being issued:
(1) Full legal name.
(2) The address of the principal residence.
(3) Date of birth.
(4) Date of issue and date of expiration.
(5) Unique identification number.
(6) Gender.
(7) Weight.
(8) Height.
(9) Color of eyes and hair.
(10) Reproduction of the signature of the individual identified.
(11) Whether the individual is blind (as defined in IC 12-7-2-21(1)).
(12) If the individual is less than eighteen (18) years of age at the time of issuance, the dates on which the individual will become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(13) If the individual is at least eighteen (18) years of age but less than twenty-one (21) years of age at the time of issuance, the date on which the individual will become twenty-one (21) years of age.
(14) Digital photograph of the individual.
(c) The information contained on the identification card as required by subsection (b)(12) or (b)(13) for an individual who is less than twenty-one (21) years of age at the time of issuance shall be printed prominently on the permit or license.
(d) If the individual:
(1) has indicated on the application that the individual 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 identification card; and
(2) has provided proof of any discharge or separation, other than a dishonorable discharge, from the armed forces of the United States;
an indication of the individual's veteran status shall be shown on the identification card.
(e) If the applicant for an identification card submits information to the bureau concerning the applicant's medical condition, the bureau shall place an identifying symbol on the face of the identification card to indicate that the applicant has a medical condition of note. The
bureau shall include information on the identification card that briefly
describes the medical condition of the holder of the card. The
information must be printed in a manner that alerts a person reading the
card to the existence of the medical condition. The applicant for an
identification card is responsible for the accuracy of the information
concerning the medical condition submitted under this subsection. The
bureau shall inform an applicant that submission of information under
this subsection is voluntary.
(f) An identification card issued by the state to an individual who:
(1) has a valid, unexpired nonimmigrant visa or has nonimmigrant
visa status for entry in the United States;
(2) has a pending application for asylum in the United States;
(3) has a pending or approved application for temporary protected
status in the United States;
(4) has approved deferred action status; or
(5) has a pending application for adjustment of status to that of an
alien lawfully admitted for permanent residence in the United
States or conditional permanent residence status in the United
States;
must be clearly identified as a temporary identification card. A
temporary identification card issued under this subsection may not be
renewed without the presentation of valid documentary evidence
proving that the holder of the identification card's temporary status has
been extended.
(g) For purposes of subsection (b), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the address of the individual's
principal residence, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the address of the
individual's principal residence.
(1) an original;
(2) a renewal of an;
(3) a replacement; or
(4) an amended;
identification card to an individual described in subsection (b).
(b) An identification card must be issued without the payment of a fee or charge to an individual who:
(1) does not have a valid Indiana driver's license; and
(2) will be at least eighteen (18) years of age and eligible to vote in the next general, municipal, or special election.
(b) In addition to any other penalty imposed for a conviction under this section, the court shall recommend that the person be prohibited from receiving a valid driving license for a fixed period of at least ninety (90) days and not more than two (2) years.
(c) The court shall specify:
(1) the length of the fixed period of the prohibition; and
(2) the date the fixed period of the prohibition begins;
whenever the court makes a recommendation under subsection (b).
(d) The bureau shall, upon receiving a record of conviction of a person upon a charge of operating a motor vehicle while never having received a valid driving license, prohibit the person from receiving a driving license by placing a suspension of driving privileges on the person's record for a fixed period of at least ninety (90) days and not more than two (2) years. The bureau shall fix this period in accordance with the recommendation of the court that entered the conviction, as provided in subsection (c). If the court fails to recommend a fixed term of suspension, or recommends a fixed term that is less than the minimum term required by statute, the bureau shall impose the minimum period of suspension required under this chapter.
(e) In a prosecution under this section, the burden is on the defendant to prove by a preponderance of the evidence that the defendant had been issued a
(b) A person who violates this section commits a Class C infraction.
(b) A person who violates this section commits a Class C infraction.
(b) If an unlicensed driver applies for and receives any type of
(c) The bureau shall also certify traffic violation convictions on the driving record of an unlicensed driver who subsequently receives an Indiana
penalty imposed for a conviction under this chapter, the court shall
recommend that the person's driving privileges be suspended for a
fixed period of not less than ninety (90) days and not more than two (2)
years.
(b) The court shall specify:
(1) the length of the fixed period of suspension; and
(2) the date the fixed period of suspension begins;
whenever the court makes a recommendation under subsection (a).
(c) The bureau shall, upon receiving a record of conviction of a
person upon a charge of driving a motor vehicle while the driving
privileges, permit, or license of the person is suspended, fix the period
of suspension in accordance with the recommendation of the court. If
the court fails to recommend a fixed term of suspension, or
recommends a fixed term that is less than the minimum term
required by statute, the bureau shall impose the minimum period of
suspension required under this chapter.
(1) a business enterprise that:
(2) a driver education program operated under the authority of:
(A) a school corporation (as defined in IC 36-1-2-17);
(B) a nonpublic secondary school that voluntarily becomes accredited under IC 20-19-2-8;
(C) a nonpublic secondary school recognized under IC 20-19-2-10;
(D) a postsecondary proprietary educational institution (as defined in IC 22-4.1-21-9);
(E) a postsecondary credit bearing proprietary educational institution (as defined in IC 21-18.5-2-12);
(F) a state educational institution (as defined in IC 21-7-13-32); or
(G) a nonaccredited nonpublic school.
(b) The term does not include a business enterprise that educates or trains a person or prepares a person for an examination or a validation given by the bureau to operate or drive a motor vehicle as a vocation.
(1) An individual, whether acting as the operator of a
(2) An individual who supervises the work of an instructor.
(3) An individual licensed under IC 20-28-5-1.
(4) An individual under the authority of a postsecondary proprietary educational institution (as defined in IC 22-4.1-21-9) or a postsecondary credit bearing proprietary educational institution (as defined in IC 21-18.5-2-12) who is teaching, conducting classes for, giving demonstrations to, or supervising the practice of individuals learning to operate or drive motor vehicles or preparing to take an examination for a driver's license.
(5) An individual under the authority of a state educational institution (as defined in IC 21-7-13-32) who is teaching, conducting classes for, giving demonstrations to, or supervising the practice of individuals learning to operate or drive motor vehicles or preparing to take an examination for a driver's license.
(b) The driver education advisory board is established to advise the commissioner in the administration of the policies of the commission and the bureau regarding driver education.
(c) The advisory board is composed of seven (7) individuals appointed by the commissioner as follows:
(1) Three (3) members must be driver education professionals endorsed by the bureau under section 8 of this chapter. In the selection of individuals for membership under this subdivision, consideration must be given to driver education instruction performed in urban and rural areas.
(2) One (1) member must be a traffic safety advocate.
(3) One (1) member must be a representative of the bureau.
(4) One (1) member must be a representative of higher education.
(5) One (1) member must be a representative of the insurance industry.
(d) A member of the advisory board serves a two (2) year term. A member may not
(e) A member of the advisory board may be removed for good cause.
(f) A vacancy on the advisory board shall be filled by the appointment by the commissioner of an individual to fill the position to which the vacating member was appointed under subsection (c) for the vacating member's unexpired term.
(g) The advisory board shall:
(1) consult with and advise the commissioner in the administration of the policies of the commission and the bureau regarding driver education; and
(2) suggest rules regarding the education and training of persons to operate or drive motor vehicles or to prepare a person for an examination or validation for a driver's license.
(h) A member of the advisory board is not subject to liability in a civil action for bodily injury or property damage arising from or thought to have arisen from an action taken in good faith as a member of the advisory board.
(b) Subject to subsections (c) and (d), the bureau shall adopt rules under IC 4-22-2 that state the requirements for obtaining a
equivalent to rules adopted under section 7(b) of this chapter.
(c) The rules adopted under subsection (b) must permit a licensed
commercial driver training school to provide classroom training during
which an instructor is present in a county outside the county where the
commercial driver training school is located to the students of:
(1) a school corporation (as defined in IC 36-1-2-17);
(2) a nonpublic secondary school that voluntarily becomes
accredited under IC 20-19-2-8;
(3) a nonpublic secondary school recognized under
IC 20-19-2-10;
(4) a state educational institution; or
(5) a nonaccredited nonpublic school.
However, the rules must provide that a licensed commercial driver
training school may provide classroom training in an entity listed in
subdivisions (1) through (3) only if the governing body of the entity
approves the delivery of the training to its students.
(d) The rules adopted under subsection (b) must provide that the
classroom training part of driver education instruction may not be
provided to a child less than fifteen (15) years of age.
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. (a) To be eligible to act as a driver education
instructor, an individual must obtain an instructor's endorsement
license from the bureau in the manner and form prescribed by the
bureau.
(b) Subject to subsection (c), the bureau shall adopt rules under
IC 4-22-2 that state the requirements for obtaining and renewing an
instructor's endorsement, license, including the requirements for
continuing education for instructors. The rules must specify the
requirements, including requirements about criminal convictions,
necessary to satisfy the conditions of subsection (c)(3).
(c) The bureau shall issue an instructor's endorsement license to an
individual who:
(1) meets the requirements of subsection (a) and rules adopted
under subsection (b);
(2) does not have more than the maximum number of points for
violating traffic laws specified by the bureau by rules adopted
under IC 4-22-2; and
(3) has a good moral character, physical condition, knowledge of
the rules of the road, and work history.
Only an individual who holds an instructor's endorsement license
issued by the bureau under this subsection may act as an instructor.
(b) The fee for a license issued under section 6 or
(c) A license
(d) A license
(1) who applied for the license
(2) no longer meets the requirements necessary to maintain the license;
(3) has willfully violated this chapter or a rule adopted by the bureau concerning driver education instruction.
(1) Methods and procedures for the investigation and evaluation of the qualifications of individuals applying for licenses under sections 6 and
(2) The criteria upon which to issue, deny, suspend, renew, and revoke licenses
(3) Procedures for:
(A) the investigation into potential grounds for; and
(B) conduct of hearings on;
the issuance, renewal, cancellation, suspension, or revocation of a license.
(4) Standards for classroom and in-car driver education curriculum (including classroom instruction, Internet instruction, and practice driving) and equipment. Classroom instruction standards established under this subdivision must provide for instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor program;
and must limit classroom instruction to students at least fifteen (15) years of age.
(5) Limitations on the number of:
(A) hours an instructor may teach in a day; and
(B) classroom and driving hours in which a driver education student may participate during a day.
(6) Programs to improve parental involvement in driver education.
(7) Establishment and maintenance of standards for instructors of driver education, including:
(A) secondary school driver education instructors;
(B)
(C) higher education driver education instructors.
(b) A member of the advisory board serves a three (3) year term. A member may not be appointed to more than two (2) consecutive full terms. Each member serves until the member's successor is appointed and qualified.
(c) A member of the advisory board may be removed for good cause.
(d) A vacancy on the advisory board shall be filled by the appointment by the commissioner of an individual to fill the position to which the vacating member was appointed under subsection (a) for the vacating member's unexpired term.
(e) A member of the advisory board is not subject to liability in a civil action for bodily injury or property damage arising from or thought to have arisen from an action taken in good faith as a member of the advisory board.
(b) If a defendant who is not an Indiana resident fails to appear or answer a traffic summons served upon the defendant and upon which the information or complaint has been filed thirty (30) days after the return date of the information and summons or complaint and summons, the court shall promptly forward the court copy of the traffic information and summons or complaint and summons to the bureau. The bureau shall notify the motor vehicle commission of the state of the nonresident defendant of the defendant's failure to appear and also of any action taken by the bureau relative to the Indiana driving privileges of the defendant. If the defendant fails to appear or otherwise answer within thirty (30) days, the court shall mark the case as failure to appear on the court's records.
(c) The court may suspend the driving privileges of a defendant who fails to satisfy a judgment entered against the defendant for:
(1) violation of a traffic ordinance; or
(2) commission of a traffic infraction;
by a date set by the court under IC 34-28-5-6. The court shall forward notice to the bureau indicating that the defendant failed to pay as ordered.
(d) If the bureau receives a copy of the traffic information and summons or complaint and summons for failure to appear in court under subsection (a) or (b) or a notice of failure to pay under subsection (c), either on a form prescribed by the bureau or in an electronic format prescribed by the division of state court administration, the bureau shall suspend the driving privileges of the defendant until the defendant appears in court and the case has been disposed of, or until the date payment is received by the court. The order of suspension may be served upon the defendant by mailing the order by first class mail to the defendant at the last address shown for the defendant in the records of the bureau.
(e) For nonresidents of Indiana, the order of suspension shall be mailed to the defendant at the address given to the arresting officer or the clerk of court by the defendant as shown by the traffic information or complaint.
(1) the defendant's failure to appear in court has been certified to the bureau under this chapter; and
(2) the defendant subsequently appears in court to answer the charges against the defendant;
the court shall proceed to hear and determine the case in the same manner as other cases pending in the court. Upon final determination of the case, the court shall notify the bureau of the determination either in an electronic format or upon forms prescribed by the bureau. The notification shall be made by the court within ten (10) days after the final determination of the case, and information from the original copy of the traffic information and summons or complaint and summons must accompany the notification.
(1) been convicted of at least two (2) traffic misdemeanors;
(2) had at least two (2) traffic judgments entered against the person; or
(3) been convicted of at least one (1) traffic misdemeanor and has
had at least one (1) traffic judgment entered against the person;
the bureau may require the person to attend and satisfactorily complete
a defensive driving school driver safety program approved by the
bureau. The person shall pay all applicable fees required by the bureau.
(b) This subsection applies to an individual who holds a
probationary license under IC 9-24-11-3.3 or is less than eighteen (18)
years of age. An individual is required to attend and satisfactorily
complete a defensive driving school driver safety program approved
by the bureau if either of the following occurs at least twice or if both
of the following have occurred when the individual was less than
eighteen (18) years of age:
(1) The individual has been convicted of a moving traffic offense,
(as, defined in section 14(a) of this chapter), other than an offense
that solely involves motor vehicle equipment.
(2) The individual has been the operator of a motor vehicle
involved in an accident for which a report is required to be filed
under IC 9-26-2.
The individual shall pay all applicable fees required by the bureau.
(c) The bureau may suspend the driving privileges of any person
who:
(1) fails to attend a defensive driving school driver safety
program; or
(2) fails to satisfactorily complete a defensive driving school
driver safety program;
as required by this section.
(d) Notwithstanding IC 33-37-4-2, any court may suspend one-half
(1/2) of each applicable court cost (including fees) for which a person
is liable due to a traffic violation if the person enrolls in and completes
a defensive driving school driver safety program or a similar school
conducted by an agency of the state or local government.
(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 or chauffeur's license number of the person convicted.
(7) The date of the conviction and the name of the court making the conviction.
(1) Require the person to attend and satisfactorily complete a driver improvement or safety course that has been approved by the court
(2) Place the person on probation for up to one (1) year.
(3) Suspend the person's driving privileges for up to thirty (30) days or as otherwise provided in statute.
(b) A driver improvement or safety course required under subsection (a) may be financed by assessing a reasonable charge as determined by the course provider and approved by the bureau.
(1) Suspend or revoke the current driving privileges or driver's license of any person.
(2) Suspend or revoke the certificate of registration and license plate for any motor vehicle.
the date of suspension or revocation proof of financial responsibility in
the future in the manner specified in this section.
(b) The bureau shall suspend or revoke without notice or hearing the
current driver's license or driving privileges 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 driver's license or driving privileges 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 or
driving privileges 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 driving privilege or driver'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. If the court fails to recommend a fixed
term of suspension, or recommends a fixed term that is less
than the minimum term required by statute, the bureau shall
impose the minimum period of suspension required under this
chapter. A new or reinstated driver's license or driving
privileges 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
(h) A person aggrieved by an order or act of the bureau under this section or
(1)
(2) certificate of registration or license plate;
has been suspended or revoked and has not been reinstated shall immediately return the driver's license, certificate of registration, and license plate to the bureau. A person who knowingly fails to comply with this requirement commits a Class C misdemeanor.
(b) The bureau may:
(1) take possession of a license, certificate of registration, or license plate upon the suspension or revocation; or
(2) direct a law enforcement officer to take possession and return the license, certificate, or license plate to the office of the bureau.
(c) All law enforcement officers are authorized as agents of the bureau to seize the license, certificate of registration, and license plate of a person who fails to surrender the license, certificate, or license plate. A law enforcement officer shall notify the bureau of the seizure.
(1) That the person has committed an offense for the conviction
of which mandatory revocation of license is provided.
(2) That the person has, by reckless or unlawful operation of a
motor vehicle, caused or contributed to an accident resulting in
death or injury to any other person or property damage.
(3) That the person is incompetent to drive a motor vehicle or is
afflicted with mental or physical infirmities or disabilities
rendering it unsafe for the person to drive a motor vehicle.
(4) That the person is a reckless or negligent driver of a motor
vehicle or has committed a violation of a motor vehicle law.
(b) Whenever the bureau issues a citation determines a hearing is
necessary upon a complaint in writing for any of the reasons set out in
this section, the bureau shall immediately notify the licensee or permit
holder of the hearing. The citation notice must state the time, date, and
place where the hearing will be held and that the licensee or permit
holder has the right to appear and to be heard. At the hearing the
bureau or the deputy or agent may issue an order of suspension or
revocation of, or decline to suspend or revoke, the driver's license,
permit, or driving privileges of the person.
(c) The bureau or the deputy or agent may suspend or revoke the
driver's license, permit, or driving privileges of a person and any of the
certificates of registration and license plates for a motor vehicle or
require the person cited to operate for a period of one (1) year under
restricted driving privileges and make the reports the bureau requires.
(d) The bureau or the deputy or agent may subpoena witnesses,
administer oaths, and take testimony. The failure of the defendant to
appear at the time and place of the hearing after notice as provided in
this section does not prevent the hearing, the taking of testimony, and
the determination of the matter.
(e) Testimony or a record of suspension or revocation of a driver's
license, a permit, or driving privileges in the custody of the bureau
following a hearing is not admissible as evidence:
(1) in any court in any action at law for negligence; or
(2) in any civil action brought against a person so cited by the
bureau under this chapter.
(f) The bureau may suspend or revoke the driver's license, permit,
or driving privileges of an Indiana resident for a period of not more
than one (1) year upon receiving notice of the conviction of the person
in another state of an offense that, if committed in Indiana, would be
grounds for the suspension or revocation of the license, permit, or
driving privileges. The bureau may, upon receiving a record of the
conviction in Indiana of a nonresident driver of a motor vehicle of an
offense under Indiana motor vehicle laws, forward a certified copy of
the record to the motor vehicle administrator in the state where the
person convicted is a resident.
(g) The bureau may not suspend a driver's license, a permit, or
driving privileges for more than one (1) year and upon revoking any
license or permit shall require that the license or permit be surrendered
to the bureau.
(h) A suspension or revocation under this section stands pending
any proceeding for review of an action of the bureau taken under this
section.
(i) In addition to any other power, the bureau may modify, amend,
or cancel any order or determination during the time within which a
judicial review could be had. A person aggrieved by the order or act
may have a judicial review under sections 10 and 11 of this chapter.
(b) If
(1) does not have a previous conviction of operating a vehicle or a motorboat while intoxicated; or
(2) has a previous conviction of operating a vehicle or a motorboat while intoxicated that occurred at least ten (10) years before the conviction under consideration by the court;
the court shall recommend the suspension of the person's driving privileges for at least ninety (90) days but not more than two (2) years.
(c) If
probationary driving privileges for a period of time equal to the length
of the stay.
(d) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred less than five (5) years before the conviction under
consideration by the court, the court shall recommend the suspension
of the person's driving privileges for at least one (1) year but not more
than two (2) years. The court may stay the execution of that part of the
suspension that exceeds the minimum period of suspension and grant
the person probationary driving privileges for a period of time equal to
the length of the stay. If the court grants probationary driving privileges
under this subsection, the court shall order that the probationary driving
privileges include the requirement that the person may not operate a
motor vehicle unless the motor vehicle is equipped with a functioning
certified ignition interlock device under IC 9-30-8. However, the court
may grant probationary driving privileges under this subsection without
requiring the installation of an ignition interlock device if the person is
successfully participating in a court supervised alcohol treatment
program in which the person is taking disulfiram or a similar substance
that the court determines is effective in treating alcohol abuse. The
person granted probationary driving privileges under this subsection
shall pay all costs associated with the installation of an ignition
interlock device unless the sentencing court determines that the person
is indigent.
(e) If the conviction under consideration by the court is for an
offense under:
(1) section 4 of this chapter;
(2) section 5 of this chapter;
(3) IC 14-15-8-8(b) (before its repeal);
(4) IC 14-15-8-8(c) (before its repeal);
(5) IC 35-46-9-6(b); or
(6) IC 35-46-9-6(c);
the court shall recommend the suspension of the person's driving
privileges for at least two (2) years but not more than five (5) years.
(f) If the conviction under consideration by the court is for an
offense involving the use of a controlled substance listed in schedule
I, II, III, IV, or V of IC 35-48-2, in which a vehicle was used in the
offense, the court shall recommend the suspension or revocation of the
person's driving privileges for at least six (6) months.
(g) The bureau shall fix the period of suspension in accordance with
the recommendation of the court under this section and in accordance
with IC 9-30-6-9. If the court fails to recommend a fixed period of
suspension, or recommends a fixed period that is less than the
minimum period required by statute, the bureau shall impose the
minimum period of suspension required under this section.
(1) a court recommends suspension of a person's driving privileges under section 10(b) of this chapter for an offense committed under this chapter; and
(2) the person did not refuse to submit to a chemical test offered under IC 9-30-6-2 during the investigation of the offense;
the court may stay the execution of the suspension of the person's driving privileges and grant the person probationary driving privileges for one hundred eighty (180) days.
(b) An order for probationary privileges must be issued in accordance with sections 11 and 13 of this chapter.
(c) If:
(1) a court recommends suspension of a person's driving privileges under section 10(c), 10(d), or 10(e) of this chapter for an offense committed under this chapter; and
(2) the period of suspension recommended by the court exceeds the minimum permissible fixed period of suspension specified under section 10 of this chapter;
the court may stay the execution of that part of the suspension that exceeds the minimum fixed period of suspension and grant the person probationary driving privileges for a period of time equal to the length of the stay.
(d) In addition to the other requirements of this section, if a person's driving privileges are suspended or revoked under section 10(f) of this chapter, a court must find that compelling circumstances warrant the issuance of probationary driving privileges.
(e) Before a court may grant probationary driving privileges under this section, the person to whom the probationary driving privileges will be granted must meet the burden of proving eligibility to receive probationary driving privileges.
(f) An order for probationary driving privileges issued under subsection (a) or (c) must comply with section 16 of this chapter.
(1) is entitled to credit for any days during which the license was suspended under IC 9-30-6-9(c); and
(2) may not receive any credit for days during which the person's driving privileges were suspended under IC 9-30-6-9(b).
(b) A period of suspension of driving privileges imposed under section 10 of this chapter must be consecutive to any period of suspension imposed under IC 9-30-6-9(b). However, if the court finds in the sentencing order that it is in the best interest of society, the court may terminate all or any part of the remaining suspension under IC 9-30-6-9(b).
(c) The bureau shall designate a period of suspension of driving privileges imposed under section 10 of this chapter as consecutive to any period of suspension imposed under IC 9-30-6-9(b) unless the sentencing order of the court, under subsection (b), in the best interest of society, terminates all or part of the remaining suspension under IC 9-30-6-9(b).
(b) If a person refuses to submit to a chemical test after having been advised that the refusal will result in the suspension of driving privileges or submits to a chemical test that results in prima facie evidence of intoxication, the arresting officer shall do the following:
(1) Obtain the person's driver's license or permit if the person is in possession of the document and issue a receipt valid until the initial hearing of the matter held under IC 35-33-7-1.
(2) Submit a probable cause affidavit to the prosecuting attorney of the county in which the alleged offense occurred.
(1) a paper copy of the affidavit, or an electronic substitute;
(2) a bureau certificate as described in section 16 of this chapter;
to the bureau.
(b) The probable cause affidavit required under section 7(b)(2) of this chapter must do the following:
(1) Set forth the grounds for the arresting officer's belief that there was probable cause that the arrested person was operating a vehicle in violation of IC 9-30-5 or a motorboat in violation of IC 35-46-9 or IC 14-15-8 (before its repeal).
(2) State that the person was arrested for a violation of IC 9-30-5 or operating a motorboat in violation of IC 35-46-9 or IC 14-15-8 (before its repeal).
(3) State whether the person:
(A) refused to submit to a chemical test when offered; or
(B) submitted to a chemical test that resulted in prima facie evidence that the person was intoxicated.
(4) Be sworn to by the arresting officer.
(c) Except as provided in subsection (d), if it is determined under subsection (a) that there was probable cause to believe that a person has violated IC 9-30-5, IC 35-46-9, or IC 14-15-8 (before its repeal), at the initial hearing of the matter held under IC 35-33-7-1 the court shall recommend immediate suspension of the person's driving privileges to take effect on the date the order is entered, and forward to the bureau a copy of the order recommending immediate suspension of driving privileges.
(d) If it is determined under subsection (a) that there is probable cause to believe that a person violated IC 9-30-5, the court may, as an alternative to suspension of the person's driving privileges under subsection (c), issue an order recommending that the person be prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8 until the bureau is notified by a court that the criminal charges against the person have been resolved.
(1) Mail
(A) five (5) days after the date of the notice; or
(B) on the date the court enters an order recommending use of an ignition interlock device;
whichever occurs first.
(2) Notify the person of the right to a judicial review under section 10 of this chapter.
(b) Notwithstanding IC 4-21.5, an action that the bureau is required to take under this section is not subject to any administrative adjudication under IC 4-21.5.
(b) If the affidavit under section 8(b) of this chapter states that a person refused to submit to a chemical test, the bureau shall suspend the driving privileges of the person:
(1) for:
(A) one (1) year; or
(B) if the person has at least one (1) previous conviction for operating while intoxicated, two (2) years; or
(2) until the suspension is ordered terminated under IC 9-30-5.
(c) If the affidavit under section 8(b) of this chapter states that a chemical test resulted in prima facie evidence that a person was intoxicated, the bureau shall suspend the driving privileges of the person:
(1) for one hundred eighty (180) days; or
(2) until the bureau is notified by a court that the charges have been disposed of;
whichever occurs first.
(d) Whenever the bureau is required to suspend a person's driving privileges under this section, the bureau shall immediately do the following:
(1) Mail
(A)
(B) on the date the court enters an order recommending suspension of the person's driving privileges under section 8(c) of this chapter;
whichever occurs first.
(2) Notify the person of the right to a judicial review under section 10 of this chapter.
(e) Notwithstanding IC 4-21.5, an action that the bureau is required to take under this article is not subject to any administrative
adjudication under IC 4-21.5.
(f) If a person is granted probationary driving privileges under
IC 9-30-5 and the bureau has not received the probable cause affidavit
described in section 8(b) of this chapter, the bureau shall suspend the
person's driving privileges for a period of thirty (30) days. After the
thirty (30) day period has elapsed, the bureau shall, upon receiving a
reinstatement fee, if applicable, from the person who was granted
probationary driving privileges, issue the person probationary driving
privileges if the person otherwise qualifies.
(g) If the bureau receives an order granting probationary driving
privileges to a person who, according to the records of the bureau, has
a prior conviction for operating while intoxicated, 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 probationary driving
privileges.
(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) Except as provided in subsection (c), during the three (3) years following the termination of the suspension the person's driving privileges remain suspended until the person provides proof of future financial responsibility in force under IC 9-25.
(c) If a court recommends suspension of a person's driving privileges for a conviction under IC 9-30-5, during the three (3) years following the termination of the suspension the person's driving privileges remain suspended until the person provides proof of future financial responsibility in force under IC 9-25. However, if a court
recommends suspension of the driving privileges under IC 9-30-5 of
a person who is arrested for or charged with an offense committed
under IC 9-30-5, the person is not required to provide proof of future
financial responsibility under IC 9-25 unless and until the person is
convicted under IC 9-30-5.
(d) If at any time during the three (3) years following the
termination of the suspension imposed under subsection (a) a person
who has provided proof of future financial responsibility under IC 9-25
fails to maintain the proof, the bureau shall suspend the person's
driving privileges until the person again provides proof of future
financial responsibility under IC 9-25.
(e) An agency action under this section is not subject to IC 4-21.5.
(b) In addition to any other penalty imposed, the court shall suspend the person's driving privileges:
(1) for one (1) year; or
(2) if the person has at least one (1) previous conviction for operating while intoxicated, for two (2) years.
(c) During the three (3) years following the termination of the suspension, the person's driving privileges remain suspended until the person provides proof of future financial responsibility in force under IC 9-25.
(b) If the court orders installation of a certified ignition interlock device under IC 9-30-5-10(d), the installation must remain in effect for a period of six (6) months.
SECTION 349, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 4. (a) A person who has
accumulated at least two (2) judgments within a ten (10) year period
for any of the following violations, singularly or in combination, and
not arising out of the same incident, is a habitual violator:
(1) Reckless homicide resulting from the operation of a motor
vehicle.
(2) Voluntary or involuntary manslaughter resulting from the
operation of a motor vehicle.
(3) Failure of the driver of a motor vehicle involved in an accident
resulting in death or injury to any person to stop at the scene of
the accident and give the required information and assistance.
(4) Operation of a vehicle while intoxicated resulting in death.
(5) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood resulting in
death.
(6) After June 30, 1997, and before July 1, 2001, operation of a
vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(7) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram
of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(b) A person who has accumulated at least three (3) judgments
within a ten (10) year period for any of the following violations,
singularly or in combination, and not arising out of the same incident,
is a habitual violator:
(1) Operation of a vehicle while intoxicated.
(2) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood.
(3) After June 30, 1997, and before July 1, 2001, operation of a
vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(4) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram
of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(5) Operating a motor vehicle while the person's license to do so
has been suspended or revoked as a result of the person's
conviction of an offense under IC 9-1-4-52 (repealed July 1,
1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-2, or
IC 9-24-19-3, or IC 9-24-19-4.
(6) Operating a motor vehicle without ever having obtained a
license to do so.
(7) Reckless driving.
(8) Criminal recklessness involving the operation of a motor
vehicle.
(9) Drag racing or engaging in a speed contest in violation of law.
(10) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46
(repealed July 1, 1991), IC 9-26-1-1(1), IC 9-26-1-1(2),
IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, or IC 9-26-1-4.
(11) Any felony under an Indiana motor vehicle statute or any
felony in the commission of which a motor vehicle is used.
A judgment for a violation enumerated in subsection (a) shall be added
to the violations described in this subsection for the purposes of this
subsection.
(c) A person who has accumulated at least ten (10) judgments
within a ten (10) year period for any traffic violation, except a parking
or an equipment violation, of the type required to be reported to the
bureau, singularly or in combination, and not arising out of the same
incident, is a habitual violator. However, at least one (1) of the
judgments must be for a violation enumerated in subsection (a) or (b).
A judgment for a violation enumerated in subsection (a) or (b) shall be
added to the judgments described in this subsection for the purposes of
this subsection.
(d) For purposes of this section, a judgment includes a judgment in
any other jurisdiction in which the elements of the offense for which
the conviction was entered are substantially similar to the elements of
the offenses described in subsections (a), and (b), and (c).
(e) For purposes of this section, the offense date is used when
determining the number of judgments accumulated within a ten (10)
year period.
bureau shall mail a notice to the person's last known address that
informs the person that the person's driving privileges will be
suspended in thirty (30) days because the person is a habitual violator
according to the records of the bureau.
(b) Thirty (30) days after the bureau has mailed a notice under this
section, the bureau shall suspend the person's driving privileges for:
(1) except as provided in subdivision (2), ten (10) years if the
person is a habitual violator under section 4(a) of this chapter;
(2) life if the person is a habitual violator under section 4(a) of
this chapter and has at least two (2) violations under section
4(a)(4) through 4(a)(7) of this chapter;
(3) ten (10) years if the person is a habitual violator under section
4(b) of this chapter; or
(4) five (5) years if the person is a habitual violator under section
4(c) of this chapter.
(c) The notice must inform the person that the person may be
entitled to relief under section 6 of this chapter or may seek judicial
review of the person's suspension under this chapter.
(d) Notwithstanding subsection (b), if the bureau does not
discover that a person's driving record makes the person a
habitual violator under section 4 of this chapter for more than
three (3) years after the bureau receives the person's final
qualifying conviction, the bureau, upon notice to the person, shall
suspend the person's driving privileges for the remaining
applicable period under subsection (b). A reduction in a period of
suspension under this subsection does not affect the requirements
under section 9 of this chapter concerning probation and restricted
driving privileges.
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation of a motor vehicle in accordance with the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159.113 Stat. 1748).
(b) If a court finds that a person:
(1) is a habitual violator under section 4(c) of this chapter;
(2) has not been previously placed on probation under this section by a court;
(3) operates a vehicle for commercial or business purposes, and
the person's mileage for commercial or business purposes:
(A) is substantially in excess of the mileage of an average
driver; and
(B) may have been a factor that contributed to the person's
poor driving record; and
(4) does not have:
(A) a judgment for a violation enumerated in section 4(a) of
this chapter; or
(B) at least three (3) judgments (singularly or in combination
and not arising out of the same incident) of the violations
enumerated in section 4(b) of this chapter; and
(5) has not violated the terms of the person's suspension by
operating a vehicle;
the court may place the person on probation in accordance with
subsection (d).
(c) If a court finds that a person:
(1) is a habitual violator under section 4(b) of this chapter;
(2) has not been previously placed on probation under this section
by a court;
(3) does not have a judgment for any violation listed in section
4(a) of this chapter;
(4) has had the person's driving privileges suspended under this
chapter for at least five (5) consecutive years; and
(5) has not violated the terms of the person's suspension by
operating a vehicle;
the court may place the person on probation in accordance with
subsection (d). However, if the person has any judgments for operation
of a vehicle before July 1, 2001, while intoxicated or with an alcohol
concentration equivalent to at least ten-hundredths (0.10) gram of
alcohol per one hundred (100) milliliters of the blood or two hundred
ten (210) liters of the breath, or for the operation of a vehicle after June
30, 2001, while intoxicated or with an alcohol concentration equivalent
to at least eight-hundredths (0.08) gram of alcohol per one hundred
(100) milliliters of the blood or two hundred ten (210) liters of the
breath, the court, before the court places a person on probation under
subsection (d), must find that the person has successfully fulfilled the
requirements of a rehabilitation program certified by the division of
mental health and addiction or the Indiana judicial center.
(d) Whenever a court places a habitual violator on probation, the
court:
(1) shall record each of the court's findings under this section in
writing;
(2) shall order the bureau to issue the person probationary driving privileges for a fixed period of
(3) shall attach restrictions to the person's driving privileges, including restrictions limiting the person's driving to:
(A) commercial or business purposes or other employment related driving;
(B) specific purposes in exceptional circumstances;
(C) rehabilitation programs; and
(D) specified hours during which the person may drive;
(4) shall require the person to submit to reasonable monitoring requirements;
(5) shall order the person to file proof of future financial responsibility for three (3) years following the date of being placed on probation; and
(6) shall impose other appropriate conditions of probation, which must include one (1) or more of the following conditions if the person was
(A) An order prohibiting the person from operating a motor vehicle or motorized bicycle with an alcohol concentration equivalent to at least two-hundredths (0.02) gram of alcohol per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while under the influence of any other intoxicating substance.
(B) An order that the person submit to a method to monitor the person's compliance with the prohibition against operating a motor vehicle or motorized bicycle with an alcohol concentration equivalent to at least two-hundredths (0.02) gram of alcohol per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86).
(C) The court shall determine the appropriate monitoring method, which may include one (1) or more of the following:
(i) The person may operate only a motor vehicle equipped with an ignition interlock device.
(ii) The person must submit to a chemical test if a law
enforcement officer lawfully stops the person while
operating a motor vehicle or motorized bicycle and the law
enforcement officer requests that the person submit to a
chemical test.
(iii) The person must wear a device that detects and records
the person's use of alcohol.
(iv) The person must submit to any other reasonable
monitoring requirement as determined by the court.
(e) If a court finds that a person:
(1) is a habitual violator under section 4(b) or 4(c) of this chapter;
(2) does not have any judgments for violations under section 4(a)
of this chapter;
(3) does not have any judgments or convictions for violations
under section 4(b) of this chapter, except for judgments or
convictions under section 4(b)(5) of this chapter that resulted
from driving on a suspended license that was suspended for:
(A) the commission of infractions only; or
(B) previously driving on a suspended license;
(4) has not been previously placed on probation under this section
by a court; and
(5) has had the person's driving privileges suspended under this
chapter for at least three (3) consecutive years and has not
violated the terms of the person's suspension by operating a
vehicle for at least three (3) consecutive years;
the court may place the person on probation under the conditions
described in subsection (d)(1) through (d)(5).
(f) If the bureau receives an order granting probationary 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.
[EFFECTIVE JULY 1, 2013]: Sec. 13. (a) The bureau may issue
driving privileges to a habitual violator whose driving privileges were
suspended under section 5(b) of this chapter if the following conditions
exist:
(1) The time specified for the person's probation or the restriction
or suspension of the person's license driving privileges 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 probation, restriction, or suspension
of driving privileges, 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 motorized bicycle 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;
for three (3) years after the bureau issues the driver's license to the
person. termination of probation, restriction, or suspension of
driving privileges.
(5) The person signs a bureau form by which the person agrees
that as a condition to obtaining the driver's license driving
privileges 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 termination of probation,
restriction, or suspension of driving privileges 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.
(b) The bureau may issue a license driving privileges 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 driving privileges are 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 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
(7) The person signs a bureau form by which the person agrees that as a condition to obtaining the
(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).
suspension order and reinstatement of driving privileges if the
following conditions exist:
(1) Ten (10) years have elapsed since the date on which an order
for the lifetime suspension of the person's driving privileges was
issued.
(2) The person has never been convicted of a violation described
in section 4(a) of this chapter.
(3) The person has never been convicted of an offense under
section 17 of this chapter.
(4) The person has not been convicted of an offense under section
16 of this chapter more than one (1) time.
(b) A petition for rescission and reinstatement under this section
must meet the following conditions:
(1) Be verified by the petitioner.
(2) State the petitioner's age, date of birth, and place of residence.
(3) Describe the circumstances leading up to the lifetime
suspension of the petitioner's driving privileges.
(4) Aver a substantial change in the petitioner's circumstances of
the following:
(A) That indicates the petitioner would no longer pose a risk
to the safety of others if the petitioner's driving privileges are
reinstated.
(B) That makes the lifetime suspension of the petitioner's
driving privileges unreasonable.
(C) Indicates it is in the best interests of society for the
petitioner's driving privileges to be reinstated.
(5) Aver that the requisite amount of time has elapsed since the
date on which the order for the lifetime suspension of the person's
driving privileges was issued as required under subsections (a)
and (e).
(6) Aver that the petitioner has never been convicted of an offense
under section 17 of this chapter.
(7) Aver that the petitioner has not been convicted of an offense
under section 16 of this chapter more than one (1) time.
(8) Aver that the petitioner has never been convicted of a
violation described in section 4(a) of this chapter.
(9) Be filed in a circuit or superior court having jurisdiction in the
county where the petitioner resides.
(10) If the petition is being filed under subsection (e), aver the
existence of the conditions listed in subsection (e)(1) through
(e)(3).
(c) The petitioner shall serve the prosecuting attorney of the county
where the petitioner resides and the bureau with a copy of the petition
described in subsection (b). A responsive pleading is not required.
(d) The prosecuting attorney of the county where the petitioner
resides shall represent the state in the matter.
(e) A person whose driving privileges have been suspended for life
may petition a court in a civil action for a rescission of the suspension
order and reinstatement of driving privileges if all of the following
conditions exist:
(1) Three (3) years have elapsed since the date on which the order
for lifetime suspension of the petitioner's driving privileges was
issued.
(2) The petitioner's lifetime suspension was the result of driving
on a suspended license that was suspended for commission of
infractions only or for driving on a suspended license.
(3) The petitioner has never been convicted of a violation
described in section 4(a) or 4(b) of this chapter, with the
exception of a judgment or conviction under section 4(b)(3)
4(b)(5) of this chapter.
(4) The petitioner has never been convicted of an offense under
section 17 of this chapter.
(5) The petitioner has not been convicted of an offense under
section 16 of this chapter more than one (1) time.
(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 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 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 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
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) In addition to any criminal penalties imposed for a conviction of an offense described in subsection (a), the bureau shall suspend the person's driving privileges for the life of the person.
driving privileges of the person be suspended for not less than sixty
(60) days and not more than two (2) years. If the court recommends
a fixed term of suspension that is less than the minimum term
required by statute, the bureau shall impose the minimum period
of suspension under this section.
(1) Involuntary manslaughter resulting from the operation of a motor vehicle (IC 35-42-1-4).
(2) Reckless homicide resulting from the operation of a motor vehicle (IC 35-42-1-5).
(b) If the court fails to recommend a fixed term of suspension, or recommends a fixed term that is less than the minimum term required by statute, the bureau shall impose the minimum period of suspension required under this section.
(b) The bureau may not reinstate driving privileges suspended under this section until the bureau receives an order allowing reinstatement from the court that issued the order for suspension.
(c) Upon receiving an order for suspension under subsection (a), the bureau shall promptly mail a notice to the last known address of the person who is the subject of the order, stating the following:
(1) That the person's driving privileges are suspended, beginning
(2) That the person has the right to petition for reinstatement of driving privileges to the court that issued the order for suspension.
(3) That the person may be granted restricted driving privileges under IC 9-24-15-6.7 if the person otherwise qualifies and can prove that public transportation is unavailable for travel by the person:
(A) to and from the person's regular place of employment;
(B) in the course of the person's regular employment;
(C) to and from the person's place of worship; or
(D) to participate in parenting time with the petitioner's children consistent with a court order granting parenting time.
(d) A person who operates a motor vehicle in violation of this section commits a Class A infraction, unless:
(1) the person's driving privileges are suspended under this section; and
(2) the person has been granted restricted driving privileges under IC 9-24-15 as a result of the suspension under this section.
(e) The bureau shall, upon receiving a record of conviction of a person upon a charge of driving a motor vehicle while the driving privileges, permit, or license of the person is suspended, fix the period of suspension in accordance with the recommendation of the court. If the court fails to recommend a term of suspension, or recommends a fixed term that is not prescribed by statute, the bureau shall impose the applicable period of suspension required by statute.
(1) That the obligor's driving privileges are suspended, beginning eighteen (18) business days after the date the notice is mailed, and that the suspension will terminate after the bureau receives a notice from the Title IV-D agency that the obligor has:
(A) paid the obligor's child support arrearage in full; or
(B) established a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-0.5 or IC 31-16-15-2.5.
(2) That the obligor may be granted restricted driving privileges under IC 9-24-15-6.7 if the obligor can prove that public transportation is unavailable for travel by the obligor:
(A) to and from the obligor's regular place of employment;
(B) in the course of the obligor's regular employment;
(C) to and from the obligor's place of worship; or
(D) to participate in parenting time with the petitioner's children consistent with a court order granting parenting time.
(b) The bureau may not reinstate driving privileges suspended under this section until the bureau receives a notice from the Title IV-D agency that the obligor has:
(1) paid the obligor's child support arrearage in full; or
(2) established a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-0.5 or IC 31-16-15-2.5.
(c) An obligor who operates a motor vehicle in violation of this section commits a Class A infraction, unless:
(1) the obligor's driving privileges are suspended under this section; and
(2) the obligor has been granted restricted driving privileges under IC 9-24-15 as a result of the suspension under this section.
(d) The bureau shall, upon receiving a record of conviction of a person upon a charge of driving a motor vehicle while the driving privileges, permit, or license of the person is suspended, fix the period of suspension in accordance with the recommendation of the court. If the court fails to recommend a term of suspension, or recommends a fixed term that is not prescribed by statute, the bureau shall impose the applicable period of suspension required by statute.
(1) Suspend under subsection (b) the driving privileges of the person who is the subject of the order, whether or not the person's current driver's license accompanies the order.
(2) Mail to the last known address of the person who is the subject of the order a notice:
(A) stating that the person's driving privileges are being suspended for fuel theft;
(B) setting forth the date on which the suspension takes effect and the date on which the suspension terminates; and
(C) stating that the person may be granted restricted driving privileges under IC 9-24-15-6.7 if the person meets the conditions for obtaining restricted driving privileges.
(b) The suspension of the driving privileges of a person who is the subject of an order issued under IC 35-43-4-8(b):
(1) begins five (5) business days after the date on which the bureau mails the notice to the person under subsection (a)(2); and
(2) terminates thirty (30) days after the suspension begins.
(c) A person who operates a motor vehicle during a suspension of the person's driving privileges under this section commits a Class A infraction unless the person's operation of the motor vehicle is authorized by restricted driving privileges granted to the person under IC 9-24-15-6.7.
(d) The bureau shall, upon receiving a record of conviction of a person upon a charge of driving a motor vehicle while the driving privileges, permit, or license of the person is suspended, fix the period of suspension in accordance with the recommendation of the court. If the court fails to recommend a term of suspension, or recommends a fixed term that is not prescribed by statute, the bureau shall impose the applicable period of suspension required by statute.
(b) The clerk shall collect a highway worksite zone fee of fifty cents ($0.50). However, the clerk shall collect a highway worksite zone fee of twenty-five dollars and fifty cents ($25.50) if:
(1) the criminal action, infraction, or ordinance violation is:
(A) exceeding a worksite speed limit (as provided in IC 9-21-5-2 and authorized by IC 9-21-5-3); or
(B) failure to merge (as provided in IC 9-21-8-7.5); and
(2) the judge orders the clerk to collect the fee for exceeding a worksite speed limit or failure to merge.
(1) stating the title of the action and the name of the court in which the indictment or information is filed;
(2) stating the name of the offense in the words of the statute or any other words conveying the same meaning;
(3) citing the statutory provision alleged to have been violated, except that any failure to include such a citation or any error in such a citation does not constitute grounds for reversal of a conviction where the defendant was not otherwise misled as to the nature of the charges against the defendant;
(4) setting forth the nature and elements of the offense charged in plain and concise language without unnecessary repetition;
(5) stating the date of the offense with sufficient particularity to show that the offense was committed within the period of limitations applicable to that offense;
(6) stating the time of the offense as definitely as can be done if time is of the essence of the offense;
(7) stating the place of the offense with sufficient particularity to show that the offense was committed within the jurisdiction of the court where the charge is to be filed;
(8) stating the place of the offense as definitely as can be done if the place is of the essence of the offense; and
(9) stating the name of every defendant, if known, and if not known, by designating the defendant by any name or description by which he can be identified with reasonable certainty.
(b) An indictment shall be signed by:
(1) the foreman or five (5) members of the grand jury; and
(2) the prosecuting attorney or his deputy.
An information shall be signed by the prosecuting attorney or his deputy and sworn to or affirmed by him or any other person.
(c) An indictment or information shall have stated upon it the names of all the material witnesses. Other witnesses may afterwards be subpoenaed by the state, but unless the name of a witness is stated on the indictment or information, no continuance shall be granted to the state due to the absence of the witness.
(d) The indictment or information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It need not contain a formal commencement, a formal conclusion, or any other matter not necessary to the statement. Presumptions of law and matters of which judicial notice is taken need not be stated.
(e) The indictment may be substantially in the following form:
IN THE __________ COURT OF INDIANA, 20____
STATE OF INDIANA
vs. CAUSE NUMBER _______
A _________ B _________
The grand jury of the county of _________ upon their oath or affirmation do present that AB, on the _________ day of __________ 20____ at the county of _________ in the state of Indiana (HERE SET FORTH THE OFFENSE CHARGED).
(f) The information may be substantially in the same form as the indictment, substituting for the words, "the grand jury of the county of _________, upon their oath or affirmation so present" the following: "CD, being duly sworn on his oath or having affirmed, says." It is not
necessary in an information to state the reason why the proceeding is
by information rather than indictment.
(g) This section applies to a traffic offense (as defined in
IC 9-30-3-5) IC 9-13-2-183) if the traffic offense is:
(1) a felony; or
(2) a misdemeanor.
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