Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-14-3-4, AS AMENDED BY P.L.173-2003,
SECTION 5, AND AS AMENDED BY P.L.200-2003, SECTION 3, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 4. (a) The following public records
are excepted from section 3 of this chapter and may not be disclosed by
a public agency, unless access to the records is specifically required by
a state or federal statute or is ordered by a court under the rules of
discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public
agency under specific authority to classify public records as
confidential granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request,
from a person. However, this does not include information that is
filed with or received by a public agency pursuant to state statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of an institution of
higher education, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as
part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39.
(10) Application information declared confidential by the
twenty-first century research and technology fund board under
IC 4-4-5.1.
(11) A photograph, a video recording, or an audio recording of an
autopsy, except as provided in IC 36-2-14-10.
(12) A social security number contained in the records of a
public agency.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies. However,
certain law enforcement records must be made available for
inspection and copying as provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for
employment, or academic examination before the examination is
given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has not
consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between the department
of commerce, Indiana economic development corporation,
the Indiana development finance authority, the film
commission, the Indiana business modernization and
technology corporation, or economic development
commissions with industrial, research, or commercial
prospects, if the records are created while negotiations are in
progress.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the department of
commerce, Indiana economic development corporation, the
Indiana development finance authority, the Indiana film
commission, the Indiana business modernization and
technology corporation, or economic development
commissions to an industrial, a research, or a commercial
prospect shall be available for inspection and copying under
section 3 of this chapter after negotiations with that prospect
have terminated.
(C) When disclosing a final offer under clause (B), the
department of commerce Indiana economic development
corporation shall certify that the information being disclosed
accurately and completely represents the terms of the final
offer.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that are
communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants for
public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of
first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) information concerning the factual basis for a disciplinary
actions action in which final action has been taken and that
resulted in the employee being disciplined suspended,
demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel information
generally on all employees or for groups of employees without the
request being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a record keeping or security system.
IC 35-47-12-2 has occurred at that location or structure, unless
release of the record or portion of the record would have a
reasonable likelihood of threatening public safety by exposing a
vulnerability of other locations or structures to terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
(A) Telephone number.
(B) Address.
(C) Social Security number.
(21) The following personal information about a complainant
contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the
complainant's address is the location of the suspected
crime, infraction, accident, or complaint reported, the
address shall be made available for public inspection and
copying.
(c) Nothing contained in subsection (b) shall limit or affect the right
of a person to inspect and copy a public record required or directed to
be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is classified
as confidential, other than a record concerning an adoption, shall be
made available for inspection and copying seventy-five (75) years after
the creation of that record.
(e) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.
SECTION 2. IC 6-6-1.1-903 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 903. (a) A person is
entitled to a refund of gasoline tax paid on gasoline purchased or used
for the following purposes:
(1) Operating stationary gas engines.
(2) Operating equipment mounted on motor vehicles, whether or
not operated by the engine propelling the motor vehicle.
(3) Operating a tractor used for agricultural purposes.
(3.1) Operating implements of husbandry agriculture (as defined
in IC 9-13-2-77).
(4) Operating motorboats or aircraft.
(5) Cleaning or dyeing.
(6) Other commercial use, except propelling motor vehicles
operated in whole or in part on an Indiana public highway.
(7) Operating a taxicab (as defined in section 103 of this chapter).
(b) If a refund is not issued within ninety (90) days of filing of the
verified statement and all supplemental information required by
IC 6-6-1.1-904.1, the department shall pay interest at the rate
established by IC 6-8.1-9 computed from the date of filing of the
verified statement and all supplemental information required by the
department until a date determined by the administrator that does not
precede by more than thirty (30) days the date on which the refund is
made.
SECTION 3. IC 6-6-5-7.9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 7.9. (a) As used in this section, "passenger motor
vehicle" has the meaning set forth in IC 9-13-2-123(a).
(b) Notwithstanding any other law, and for calendar year 2006,
the registration fee for a passenger motor vehicle that is registered
in Indiana in calendar year 2005 shall be at the rate as set forth in
IC 9-29-5-1 with no reduction for any partial calendar month that
has elapsed since the regular annual registration date in calendar
year 2005.
(c) This section expires January 1, 2007.
SECTION 4. IC 8-2.1-24-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 18. (a) 49 CFR
Parts 382 through 387, 390 through 393, and 395 through 398 is
incorporated into Indiana law by reference, and, except as provided in
subsections (d), (e), (f), and (g), must be complied with by an interstate
and intrastate motor carrier of persons or property throughout Indiana.
Intrastate motor carriers subject to compliance reviews under 49 CFR
385 shall be selected according to criteria determined by the
superintendent which must include but is not limited to factors such as
previous history of violations found in roadside compliance checks and
other recorded violations. However, the provisions of 49 CFR 395 that
regulate the hours of service of drivers, including requirements for the
maintenance of logs, do not apply to a driver of a truck that is
registered by the bureau of motor vehicles and used as a farm truck
under IC 9-18, or a vehicle operated in intrastate construction or
construction related service, or the restoration of public utility services
interrupted by an emergency. Except as provided in subsection (i),
intrastate motor carriers not operating under authority issued by the
United States Department of Transportation shall comply with the
requirements of 49 CFR 390.21(b)(3) by registering with the
department of state revenue as an intrastate motor carrier and
displaying the certification number issued by the department of state
revenue preceded by the letters "IN". Except as provided in subsection
(i), all other requirements of 49 CFR 390.21 apply equally to interstate
and intrastate motor carriers.
(b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177
through 178, and 180, is incorporated into Indiana law by reference,
and every:
(1) private carrier;
(2) common carrier;
(3) contract carrier;
(4) motor carrier of property, intrastate;
(5) hazardous material shipper; and
(6) carrier otherwise exempt under section 3 of this chapter;
must comply with the federal regulations incorporated under this
subsection, whether engaged in interstate or intrastate commerce.
(c) Notwithstanding subsection (b), nonspecification bulk and
nonbulk packaging, including cargo tank motor vehicles, may be used
only if all the following conditions exist:
(1) The maximum capacity of the vehicle is less than three
thousand five hundred (3,500) gallons.
(2) The shipment of goods is limited to intrastate commerce.
(3) The vehicle is used only for the purpose of transporting fuel
oil, kerosene, diesel fuel, gasoline, gasohol, or any combination
of these substances.
All additional federal standards for the safe transportation of hazardous
materials apply until July 1, 2000. After June 30, 2000, the
maintenance, inspection, and marking requirements of 49 CFR 173.8
and Part 180 are applicable. In accordance with federal hazardous
materials regulations, new or additional nonspecification cargo tank
motor vehicles may not be placed in service under this subsection after
June 30, 1998.
(d) For the purpose of enforcing this section, only:
(1) a state police officer or state police motor carrier inspector
who:
(A) has successfully completed a course of instruction
approved by the Federal Highway Administration; and
(B) maintains an acceptable competency level as established
by the state police department; or
(2) an employee of a law enforcement agency who:
(A) before January 1, 1991, has successfully completed a
course of instruction approved by the Federal Highway
Administration; and
monitor and manage the driver's diabetic condition;
(D) has agreed to and, to the endocrinologist's or treating
physician's knowledge, has carried a source of rapidly
absorbable glucose at all times while driving a motor vehicle,
has self monitored blood glucose levels one (1) hour before
driving and at least once every four (4) hours while driving or
on duty before driving using a portable glucose monitoring
device equipped with a computerized memory; and
(E) has submitted the blood glucose logs from the monitoring
device to the endocrinologist or treating physician at the time
of the annual medical examination.
A copy of the blood glucose logs shall be filed along with the
annual statement from the endocrinologist or treating
physician with the bureau of motor vehicles for review by the
driver licensing medical advisory board established under
IC 9-14-4. A copy of the annual statement shall also be
provided to the driver's employer for retention in the driver's
qualification file, and a copy shall be retained and held by the
driver while driving for presentation to an authorized federal,
state, or local law enforcement official. Notwithstanding the
requirements of this clause, the endocrinologist, the
treating physician, the advisory board of the bureau of
motor vehicles, or the bureau of motor vehicles may, where
medical indications warrant, establish a short period for
the medical examinations required under this clause.
(2) Subpart 396.9 as it applies to inspection of vehicles carrying
or loaded with a perishable product. However, this exemption
does not prohibit a law enforcement officer from stopping these
vehicles for an obvious violation that poses an imminent threat of
an accident or incident. The exemption is not intended to include
refrigerated vehicles loaded with perishables when the
refrigeration unit is working.
(3) Subpart 396.11 as it applies to driver vehicle inspection
reports.
(4) Subpart 396.13 as it applies to driver inspection.
(h) For purposes of 49 CFR 395.1(l), "planting and harvesting
season" refers to the period between January 1 and December 31 of
each year. The intrastate commerce exception set forth in 49 CFR
395.1(l), as it applies to the transportation of agricultural commodities
and farm supplies, is restricted to single vehicles and cargo tank motor
vehicles with a capacity of not more than five thousand four hundred
(5,400) gallons.
authorized to direct or regulate traffic or to make arrests for violations
of traffic regulations.
SECTION 11. IC 9-13-2-170.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 170.3. "Special machinery"
means a portable saw mill or well drilling machinery.
SECTION 12. IC 9-13-2-180 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 180. "Tractor" means
a motor vehicle designed and used primarily for drawing or propelling
trailers, semitrailers, or vehicles of any kind. The term does not include
the following:
(1) a farm tractor.
(2) A farm tractor used in transportation.
(3) A tractor that is used exclusively for drawing a passenger
carrying semitrailer.
SECTION 13. IC 9-13-2-188 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 188. (a) "Truck" means
a motor vehicle designed, used, or maintained primarily for the
transportation of property.
(b) "Truck", for purposes of IC 9-21-8-3, includes the following:
(1) A motor vehicle designed and used primarily for drawing
another vehicle and constructed to carry a load other than a part
of the weight of the vehicle and load so drawn.
(2) A motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other
implements of husbandry. agriculture.
SECTION 14. IC 9-13-2-196 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 196. (a) "Vehicle"
means, except as otherwise provided in this section, a device in, upon,
or by which a person or property is, or may be, transported or drawn
upon a highway.
(b) "Vehicle", for purposes of IC 9-14 through IC 9-18, does not
include the following:
(1) A device moved by human power.
(2) A vehicle that runs only on rails or tracks.
(3) A vehicle propelled by electric power obtained from overhead
trolley wires but not operated upon rails or tracks.
(4) A firetruck and apparatus owned by a person or municipal
division of the state and used for fire protection.
(5) A municipally owned ambulance.
(6) A police patrol wagon.
(7) A vehicle not designed for or employed in general highway
transportation of persons or property and occasionally operated or
moved over the highway, including the following:
(A) Road construction or maintenance machinery.
(B) A movable device designed, used, or maintained to alert
motorists of hazardous conditions on highways.
(C) Construction dust control machinery.
(D) Well boring apparatus.
(E) Ditch digging apparatus.
(F) An implement of husbandry. agriculture designed to be
operated primarily in a farm field or on farm premises.
(G) An invalid chair.
(H) A yard tractor.
(8) An electric personal assistive mobility device.
(c) For purposes of IC 9-20 and IC 9-21, the term does not include
devices moved by human power or used exclusively upon stationary
rails or tracks.
(d) For purposes of IC 9-22, the term refers to an automobile, a
motorcycle, a truck, a trailer, a semitrailer, a tractor, a bus, a school
bus, a recreational vehicle, or a motorized bicycle.
(e) For purposes of IC 9-30-5, IC 9-30-6, IC 9-30-8, and IC 9-30-9,
the term means a device for transportation by land or air. The term does
not include an electric personal assistive mobility device.
SECTION 15. IC 9-14-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. The commissioner
shall do the following:
(1) Administer and enforce:
(A) this title and other statutes concerning the bureau; and
(2) Administer and enforce
(B) the policies and procedures of the commission. bureau.
(3) (2) Organize the bureau in the manner necessary to carry out
the duties of the bureau.
(4) (3) Submit to the commission, before September 1 of each
year budget proposals for the bureau including license branches
staffed by employees of the commission under IC 9-16. to the
budget director before September 1 of each year.
(5) (4) Perform other duties assigned by the commission. as
required by the bureau.
SECTION 16. IC 9-14-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) Except as
provided in subsection (b), (d), or (e), the bureau shall prepare and
deliver information on titles, registrations, and licenses and permits
upon the request of any person. All requests must be:
suspension, restriction, or revocation appeal procedures,
including reasonable investigation into the facts of the matter.
SECTION 18. IC 9-16-1-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4.5. (a) The
commission may contract with a qualified person to provide partial
services at a qualified person's walk-up location, including locations
within a facility used for other purposes, such as electronic titling and
title application services and self-serve terminal access.
(b) A contract for providing motor vehicle registration and renewal
services at a walk-up location must include the following provisions:
(1) The contractor must provide trained personnel to properly
process motor vehicle registration and renewal transactions.
(2) The contractor shall do the following:
(A) Collect and transmit all bureau fees and taxes collected at
the contract location.
(B) Deposit the taxes collected at the contract location with the
county treasurer in the manner prescribed by IC 6-3.5 or
IC 6-6-5.
(3) The contractor shall provide fidelity bond coverage in an
amount prescribed by the commission.
(4) The contractor shall pay the cost of any post audits conducted
by the commission or the state board of accounts on an actual cost
basis.
(5) The commission must approve each location and physical
facility used by a contractor.
(6) The term of the contract must be for a fixed period.
SECTION 19. IC 9-16-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. Each license branch,
full service provider, or partial services provider shall collect the
service charges prescribed by IC 9-29-3 and deposited deposit the
service charges in the state license branch fund established under
IC 9-29-14.
SECTION 20. IC 9-18-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. This article does not
apply to the following:
(1) Farm wagons.
(2) Farm tractors.
(3) Farm machinery.
(4) (3) A new motor vehicle if the new motor vehicle is being
operated in Indiana solely to remove it from an accident site to a
storage location because:
(A) the new motor vehicle was being transported on a railroad
car or semitrailer; and
(B) the railroad car or semitrailer was involved in an accident
that required the unloading of the new motor vehicle to
preserve or prevent further damage to it.
(4) An implement of agriculture designed to be operated
primarily in a farm field or on farm premises.
SECTION 21. IC 9-18-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) The bureau shall
register vehicles under the schedule in this section.
(b) A person who owns a vehicle shall receive a license plate,
renewal tag, or other indicia upon registration of the vehicle. The
bureau may determine the device required to be displayed.
(c) A corporation shall register, before February 1 of each year, the
following vehicles that are owned by the corporation:
(1) A passenger motor vehicle that is not regularly rented to
others for not more than twenty-nine (29) days in the regular
course of the corporation's business.
(2) A recreational vehicle.
(3) A motorcycle.
(4) A truck that:
(A) is not regularly rented to others for not more than
twenty-nine (29) days in the regular course of the corporation's
business; and
(B) has a declared gross weight of not more than eleven
thousand (11,000) pounds.
(d) A corporation that owns a:
(1) passenger motor vehicle; or
(2) truck that has a declared gross weight of not more than eleven
thousand (11,000) pounds;
that is regularly rented to others for periods of not more than
twenty-nine (29) days in the regular course of the corporation's
business must register the passenger motor vehicle or truck before
March 1 of each year.
(e) For registrations for 2005, a person who owns a:
(1) passenger motor vehicle;
(2) recreational vehicle;
(3) motorcycle; or
(4) truck that has a declared gross weight of not more than eleven
thousand (11,000) pounds;
that is not subject to the registration requirements under subsection (d)
shall register the passenger motor vehicle, recreational vehicle,
motorcycle, or truck in conformance with the schedule set forth in
subsection (f) or (g).
(f) After December 31, 2005, a person who owns a vehicle
subject to registration under this subsection shall register the
vehicle in accordance with subsection (g). The following schedule
applies to persons who own vehicles that are required to be registered
under subsection (e):
(1) Persons whose last names begin with the letters A through BE
shall register before February 16 of each year.
(2) Persons whose last names begin with the letters BF through
BZ shall register before March 1 of each year.
(3) Persons whose last names begin with the letter C shall register
before March 16 of each year.
(4) Persons whose last names begin with the letter D shall register
before April 1 of each year.
(5) Persons whose last names begin with the letters E through F
shall register before April 16 of each year.
(6) Persons whose last names begin with the letter G shall register
before May 1 of each year.
(7) Persons whose last names begin with the letters HA through
HN shall register before May 16 of each year.
(8) Persons whose last names begin with the letters HO through
I shall register before June 1 of each year.
(9) Persons whose last names begin with the letters J through KM
shall register before June 16 of each year.
(10) Persons whose last names begin with the letters KN through
L shall register before July 1 of each year.
(11) Persons whose last names begin with the letters MA through
ME shall register before July 16 of each year.
(12) Persons whose last names begin with the letters MF through
O shall register before August 1 of each year.
(13) Persons whose last names begin with the letters P through Q
shall register before August 16 of each year.
(14) Persons whose last names begin with the letter R shall
register before September 1 of each year.
(15) Persons whose last names begin with the letters SA through
SN shall register before September 16 of each year.
(16) Persons whose last names begin with the letters SO through
T shall register before October 1 of each year.
(17) Persons whose last names begin with the letters U through
WK shall register before October 16 of each year.
(18) Persons whose last names begin with the letters WL through
Z shall register before November 1 of each year.
IC 9-18-18; or
(4) motor vehicles registered to former prisoners of war under
IC 9-18-17;
that contain any of the numerals 1 through 100 following the prefix
numbers and letter shall be issued annually biennially by the bureau.
SECTION 24. IC 9-18-2-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 29. Except as otherwise
provided, before:
(1) a motor vehicle;
(2) a motorcycle;
(3) a truck;
(4) a trailer;
(5) a semitrailer;
(6) a tractor;
(7) an implement of husbandry or a farm tractor used in
transportation;
(8) (7) a bus;
(9) (8) a school bus;
(10) (9) a recreational vehicle; or
(11) (10) special farm machinery;
is operated or driven on a highway, the person who owns the vehicle
must register the vehicle with the bureau and pay the applicable
registration fee.
SECTION 25. IC 9-18-2-29.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 29.5. Before a piece of special
machinery is operated off a highway or in a farm field, the person
who owns the piece of special machinery must:
(1) register the piece of special machinery with the bureau;
and
(2) pay the applicable registration fee.
SECTION 26. IC 9-18-2-43 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 43. (a) Notwithstanding
any law to the contrary but except as provided in subsection (b), a law
enforcement officer authorized to enforce motor vehicle laws who
discovers a vehicle required to be registered under this article that does
not have the proper certificate of registration or license plate:
(1) shall take the vehicle into the officer's custody; and
(2) may cause the vehicle to be taken to and stored in a suitable
place until:
(A) the legal owner of the vehicle can be found; or
(B) the proper certificate of registration and license plates
have been procured.
(b) Except as provided in IC 9-21-21-7(b), a law enforcement
officer who discovers a vehicle in violation of the registration
provisions of this article has discretion in the impoundment of any of
the following:
(1) Perishable commodities.
(2) Livestock.
(c) A person who recklessly violates this section commits a Class A
misdemeanor.
SECTION 27. IC 9-19-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) Except as
provided in subsections subsection (b) through (c) and as otherwise
provided in this chapter, this article does not apply to the following
with respect to equipment on vehicles:
(1) Implements of husbandry. agriculture designed to be
operated primarily in a farm field or on farm premises.
(2) Road machinery.
(3) Road rollers.
(4) Farm tractors.
(5) Vehicle chassis that:
(A) are a part of a vehicle manufacturer's work in process; and
(B) are driven under this subdivision only for a distance of less
than one (1) mile.
(b) A farm type dry or liquid fertilizer tank trailer or spreader that
is drawn or towed on a highway by:
(1) a farm tractor; or
(2) a motor vehicle at a speed not greater than thirty (30) miles
per hour;
is considered an implement of husbandry with respect to equipment
requirements and all the requirements of this article regarding lamps
on combinations, including farm tractors, apply.
(c) (b) A farm type dry or liquid fertilizer tank trailer or spreader
that is drawn or towed on a highway by a motor vehicle other than a
farm tractor at a speed greater than thirty (30) miles per hour is
considered a trailer for equipment requirement purposes and all
equipment requirements concerning trailers apply.
SECTION 28. IC 9-19-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. Sections 4 through
5 of this chapter and IC 9-19-4-3, IC 9-19-4-4, and IC 9-19-5-7:
(1) do not apply to:
(A) machinery or equipment used in highway construction or
maintenance by the Indiana department of transportation,
counties, or municipalities;
(B) farm drainage machinery;
(C) implements of husbandry agriculture when used during
farming operations or when so constructed so that they can be
moved without material damage to the highways; or
(D) firefighting apparatus owned or operated by a political
subdivision or a volunteer fire department (as defined in
IC 36-8-12-1); IC 36-8-12-2); and
(2) do not limit the width or height of farm vehicles when loaded
with farm products.
SECTION 29. IC 9-19-6-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. (a) A farm tractor
and a self-propelled farm equipment unit or an implement of husbandry
agriculture designed to be operated primarily in a farm field or on
farm premises, when operated on a highway and not equipped with
an electric lighting system, must, at all times required by IC 9-21-7-2,
be equipped with the following:
(1) At least one (1) lamp displaying a white light visible from a
distance of not less than five hundred (500) feet to the front of the
vehicle.
(2) At least one (1) lamp displaying a red light visible from a
distance of not less than five hundred (500) feet to the rear of the
vehicle.
(3) Two (2) red reflectors visible from a distance of one hundred
(100) feet to six hundred (600) feet to the rear when illuminated
by the upper beams of head lamps.
The lights required by this subsection must be positioned so that one
(1) lamp showing to the front and one (1) lamp or reflector showing to
the rear will indicate the furthest projection of the tractor, unit, or
implement on the side of the road used in passing the vehicle.
(b) A combination of farm tractor and towed unit of farm equipment
or implement of husbandry agriculture designed to be operated
primarily in a farm field or on farm premises, when operated on a
highway and not equipped with an electric lighting system, must, at all
times required by IC 9-21-7-2, be equipped with two (2) red reflectors
that meet the following requirements:
(1) Are visible from a distance of one hundred (100) feet to six
hundred (600) feet to the rear when illuminated by the upper
beams of head lamps.
(2) Are mounted in a manner so as to indicate as nearly as
practicable the extreme left and right rear projections of the towed
unit or implement on the highway.
electric lighting system must be equipped with the following:
(A) A lamp displaying a white or an amber light, or any shade
of color between white and amber, visible from a distance of
not less than five hundred (500) feet to the front.
(B) A lamp displaying a red light visible from a distance of not
less than five hundred (500) feet to the rear.
The lamps must be installed or capable of being positioned so as
to indicate to the front and rear the furthest projection of that
combination on the side of the road used by other vehicles in
passing that combination.
(e) A farm tractor, a self-propelled farm equipment unit, or an
implement of husbandry agriculture must not display blinding field or
flood lights when operated on a highway.
(f) All rear lighting requirements may be satisfied by having a
vehicle with flashing lights immediately trail farm equipment in
accordance with IC 9-21-7-11.
SECTION 30. IC 9-19-18-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) Except as
provided in subsections (b) through (d), a tire on a vehicle moved on
a highway may not have on the tire's periphery a block, stud, flange,
cleat, or spike or any other protuberance of any material other than
rubber that projects beyond the tread of the traction surface of the tire.
(b) Farm machinery Implements of agriculture may use tires
having protuberances that will not injure the highway.
(c) Tire chains of reasonable proportions may be used upon a
vehicle when required for safety because of snow, ice, or other
conditions tending to cause a vehicle to skid.
(d) From October 1 to the following May 1, a vehicle may use tires
in which have been inserted ice grips or tire studs of wear-resisting
material, installed in a manner that provides resiliency upon contact
with the road, with projections that do not exceed three thirty-seconds
(3/32) of an inch beyond the tread of the traction surface of the tire, and
constructed to prevent any appreciable damage to the road surface.
SECTION 31. IC 9-19-18-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. The Indiana
department of transportation and local authorities in their respective
jurisdictions may in their discretion issue special permits authorizing
the operation upon a highway of:
(1) traction engines; or (2) tractors having movable tracks with transverse corrugations
upon the periphery of movable tracks; or
other farm machinery, implements of
agriculture designed to be operated primarily in a farm field
or on farm premises;
the operation of which upon a highway would otherwise be prohibited
under this chapter.
SECTION 32. IC 9-20-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) As used in this
section, "farm vehicle loaded with a farm product" includes a truck
hauling unprocessed leaf tobacco.
(b) Except for interstate highway travel, this article does not apply
to the following:
(1) Machinery or equipment used in highway construction or
maintenance by the Indiana department of transportation,
counties, or municipalities.
(2) Farm drainage machinery.
(3) (2) Implements of husbandry agriculture when used during
farming operations or when so constructed so that the implements
can be moved without material damage to the highways.
(c) This article does not apply to firefighting apparatus owned or
operated by a political subdivision or volunteer fire department (as
defined in IC 36-8-12-2).
(d) Except for interstate highway travel, this article does not limit
the width or height of a farm vehicle loaded with a farm product.
SECTION 33. IC 9-21-8-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 27. (a) Except as
provided in subsection (b), a stop or turn signal required under this
chapter may be given by means of the hand and arm or by a signal lamp
or lamps or mechanical signal device.
(b) This subsection does not apply to farm tractors and implements
of agriculture designed to be operated primarily in a farm field or
on farm premises. A motor vehicle in use on a highway must be
equipped with and a required signal shall be given by a signal lamp or
lamps or mechanical signal device when either of the following
conditions exist:
(1) The distance from the center of the top of the steering post to
the left outside limit of the body, cab, or load of the motor vehicle
exceeds twenty-four (24) inches.
(2) The distance from the center of the top of the steering post to
the rear limit of the body or load of the motor vehicle exceeds
fourteen (14) feet. This measurement applies to a single vehicle
and a combination of vehicles.
SECTION 34. IC 9-21-8-46 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 46. A person may not
drive or operate:
(1) an implement of husbandry agriculture designed to be
operated primarily in a farm field or on farm premises; or
(2) a piece of special machinery;
upon any part of an interstate highway.
SECTION 35. IC 9-21-8-47 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 47. The following
vehicles must be moved or operated so as to avoid any material damage
to the highway or unreasonable interference with other highway traffic:
(1) Machinery or equipment used in highway construction or
maintenance by the Indiana department of transportation,
counties, or municipalities.
(2) Farm drainage machinery.
(3) Implements of husbandry. agriculture.
(4) Firefighting apparatus owned or operated by a political
subdivision or a volunteer fire department (as defined in
IC 36-8-12-2).
(5) Farm vehicles loaded with farm products.
SECTION 36. IC 9-21-21 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]:
Chapter 21. Farm Vehicles Involved in Commercial Enterprises
Sec. 1. A motor vehicle, trailer, or semitrailer and tractor may
be operated primarily as a farm truck, farm trailer, or farm
semitrailer and tractor if the vehicle meets the specifications set
forth in IC 9-29-5-13(b).
Sec. 2. A farm truck described in section 1 of this chapter may
be used for personal purposes if the vehicle otherwise qualifies for
that class of registration.
Sec. 3. Except as provided in section 4 of this chapter, if the
owner of a farm truck, farm trailer, or farm semitrailer and
tractor described in section 1 of this chapter begins to operate the
farm truck, farm trailer, or farm semitrailer and tractor or
permits the farm truck, farm trailer, or farm semitrailer and
tractor to be operated:
(1) in the conduct of a commercial enterprise; or
(2) for the transportation of farm products after the
commodities have entered the channels of commerce during
a registration year for which the license fee under
IC 9-29-5-13 has been paid;
the owner shall pay the amount computed under IC 9-29-5-13.5(c)
due for the remainder of the registration year for the license fee.
Sec. 4. Notwithstanding section 3 of this chapter and
IC 9-18-2-4, the owner of a farm truck, farm trailer, or farm
semitrailer and tractor described in section 1 of this chapter or an
employee or family member of the owner may operate the truck,
trailer, or semitrailer and tractor intrastate for the transportation
of seasonal, perishable fruit or vegetables to the first point of
processing for a period of not more than one (1) thirty (30) day
period in a registration year established by IC 9-18-2-7. Before a
vehicle may be operated as provided in this subsection, the owner
shall pay to the bureau:
(1) the license fee due under IC 9-29-5-13(b); and
(2) eight and one-half percent (8.5%) of the license fee paid
under IC 9-29-5-13(b);
for the farm truck, farm trailer, or farm semitrailer and tractor.
The bureau shall adopt rules under IC 4-22-2 to authorize the
operation of a farm truck, farm trailer, or farm semitrailer and
tractor in the manner provided in this subsection.
Sec. 5. In addition to the penalty provided in section 7 of this
chapter, a person that operates a vehicle or allows a vehicle that
the person owns to be operated when the vehicle is:
(1) registered under this chapter as a farm truck, farm trailer,
or farm semitrailer and tractor; and
(2) operated as set forth in section 3 of this chapter;
commits a Class C infraction. However, the offense is a Class B
infraction if, within the three (3) years preceding the commission
of the offense, the person had a prior unrelated judgment under
this section.
Sec. 6. For purposes of this chapter, the operation of a vehicle
in violation of section 3 of this chapter is a continuing offense and
the venue for prosecution lies in a county in which the unlawful
operation occurred. However, a:
(1) judgment against; or
(2) finding by the court for;
the owner or operator bars a prosecution in another county.
Sec. 7. (a) Except as provided in subsection (b), a police officer
who discovers a vehicle registered under this chapter as a farm
truck, farm trailer, or farm semitrailer and tractor that is being
operated as set forth in section 3 of this chapter:
(1) may take the vehicle into the police officer's custody; and
(2) may cause the vehicle to be taken to and stored in a
suitable place until:
(A) the legal owner of the vehicle can be found; or
(B) the proper certificate of registration and license plates
have been procured and the amount computed under
IC 9-29-5-13.5 has been paid.
(b) A vehicle being operated in violation of section 3 of this
chapter that is carrying perishable fruits or vegetables or livestock
may not be impounded, and the operator may proceed to the point
of destination after having been stopped by a police officer under
subsection (a).
SECTION 37. IC 9-23-2-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14. (a) A license issued
under this chapter may be denied, suspended, or revoked for any of the
following:
(1) Material misrepresentation in the application for the license
or other information filed with the commissioner.
(2) Lack of fitness under the standards set forth in this article or
a rule adopted by the commissioner under this article.
(3) Willful failure to comply with the provisions of this article or
a rule adopted by the commissioner under this article.
(4) Willful violation of a federal or state law relating to the sale,
distribution, financing, or insuring of motor vehicles.
(5) Engaging in an unfair practice as set forth in this article or a
rule adopted by the commissioner under this article.
(6) Violating IC 23-2-2.7.
(b) Except as provided in subsection (d), the procedures set forth in
IC 4-21.5 govern the denial, suspension, or revocation of a license and
a judicial review. However, A denial, suspension, or revocation of a
license takes effect after the commissioner makes a determination
and notice of the determination has been served upon the affected
person.
(b) If the bureau denies, suspends, or revokes a license issued or
sought under this article, the affected person may file an action in the
circuit court of Marion County, Indiana, or the circuit court of the
Indiana county in which the person's principal place of business is
located, seeking a judicial determination as to whether the action is
proper. An action may not take effect until thirty (30) days after the
commissioner's determination has been made and a notice of the
determination served upon the affected person. The filing of an action
as described in this section within the thirty (30) day period is an
automatic stay of the commissioner's determination.
(c) Revocation or suspension of a license of a manufacturer, a
distributor, a factory branch, a distributor branch, a dealer, or an
automobile auctioneer may be limited to one (1) or more locations, to
one (1) or more defined areas, or only to certain aspects of the business.
(d) A license may be denied, suspended, or revoked for violating
IC 9-19-1. IC 4-21.5-4 governs the denial, suspension, or revocation of
a license under this subsection. The bureau may issue a temporary
order to enforce this subsection.
SECTION 38. IC 9-24-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. Sections 1 through
5 of this chapter do not apply to the following individuals:
(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 while operating: a:
(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;
(E) a concrete mixer; or
(F) a farm tractor or an implement of husbandry; agriculture
designed to be operated primarily in a farm field or on
farm premises;
that is being temporarily drawn, moved, or propelled on an
Indiana public highway.
(3) A nonresident who:
(A) is at least sixteen (16) years and one (1) month of age; and
(B) has in the nonresident's immediate possession a valid
operator's license that was issued to the nonresident in the
nonresident's home state or country;
while operating a motor vehicle in Indiana only as an operator.
(4) A nonresident who:
(A) is at least eighteen (18) years of age; and
(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;
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;
met:
(1) A valid computerized image of the individual exists within the
records of the bureau.
(2) The previous renewal of the operator's, motorcycle operator's,
chauffeur's, or public passenger chauffeur's license was not made
by mail or by electronic service.
(3) The previous renewal included a test approved by the bureau
of the applicant's eyesight.
(4) The applicant, if applying for the renewal in person at a
license branch, would not be required under subsection (a)(2) to
submit to a written examination.
(c) An individual applying for the renewal of an operator's, a
motorcycle 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 subsection (b).
SECTION 45. IC 9-24-12-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) Except as
provided in subsection (b) and section 10 of this chapter, a
motorcycle operator's license issued after December 31, 1996, and
before January 1, 2006, expires at midnight of the birthday of the
holder that occurs four (4) years following the date of issuance.
(b) Except as provided in section 10 of this chapter, a motorcycle
operator's license issued after December 31, 1996, to an applicant who
is at least seventy-five (75) years of age expires at midnight of the
birthday of the holder that occurs three (3) years following the date of
issuance.
(c) After December 31, 2005, except as provided in subsection
(b), a motorcycle operator's license issued under this article expires
at midnight of the birthday of the holder that occurs six (6) years
following the date of issuance.
(c) (d) A motorcycle operator endorsement remains in effect for the
same term as the license being endorsed and is subject to renewal at
and after the expiration of the license in accordance with this chapter.
(d) (e) A temporary motorcycle learner's permit is valid for twelve
(12) months from date of issuance.
SECTION 46. IC 9-24-12-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 10. After June 30, 2005:
(1) an operator's;
(2) a chauffeur's; or
(3) a motorcycle operator'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.
SECTION 47. IC 9-24-16-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. An identification
card issued:
(1) before January 1, 2006, expires on the fourth birthday of the
applicant following the date of issue; and
(2) after December 31, 2005, expires at midnight of the
birthday of the holder that occurs six (6) years following the
date of issuance.
SECTION 48. IC 9-24-16-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) An application
for renewal of an identification card may be made not more than six (6)
months before the expiration date of the card. A renewal application
received after the date of expiration is considered to be a new
application.
(b) A renewed card issued:
(1) before January 1, 2006, becomes valid on the birth date of
the holder and remains valid for four (4) years; and
(2) after December 31, 2005, is valid on the birth date of the
holder and remains valid for six (6) years.
(c) If renewal has not been made within six (6) months after
expiration, the bureau shall destroy all records pertaining to the former
cardholder.
(d) Renewal may not be granted if the cardholder was issued a
driver's license subsequent to the last issuance of an identification card.
(e) An individual may apply for renewal of an identification card by
mail or by electronic service if the following conditions are met:
(1) A valid computerized image of the individual exists within the
records of the bureau.
(2) The previous renewal of the identification card was not made
by mail or by electronic service.
SECTION 49. IC 9-25-6-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14. (a) The bureau shall
reinstate the current driving license or vehicle registration, or both:
(1) subject to section 15 of this chapter, after ninety (90) days of
suspension:
(A) except as provided in sections 19, 20, and 21(b) of this
chapter, if the person has furnished the bureau with a
certificate of compliance showing that financial responsibility
is in effect with respect to the vehicle; or
person to a physician or hospital for medical treatment.
(3) Immediately give notice of the accident by the quickest means
of communication to one (1) of the following:
(A) The local police department if the accident occurs within
a municipality.
(B) The office of the county sheriff or the nearest state police
post if the accident occurs outside a municipality.
(4) Within ten (10) days after the accident, forward a written
report of the accident to the:
(A) state police department, if the accident occurs before
January 1, 2006; or
(B) bureau, if the accident occurs after December 31, 2005.
SECTION 51. IC 9-26-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. The driver of a
vehicle involved in an accident that does not result in injury or death
of a person but that does result in damage to a vehicle that is driven or
attended by a person shall do the following:
(1) Immediately stop the vehicle at the scene of the accident or as
close to the accident as possible in a manner that does not
obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the accident
until the driver does the following:
(A) Gives the driver's name and address and the registration
number of the vehicle the driver was driving.
(B) Upon request, exhibits the driver's license of the driver to
the driver or occupant of or person attending each vehicle
involved in the accident.
(3) If the accident results in total property damage to an apparent
extent of at least one thousand dollars ($1,000), forward a written
report of the accident to the:
(A) state police department, if the accident occurs before
January 1, 2006; or
(B) bureau, if the accident occurs after December 31, 2005;
within ten (10) days after the accident.
SECTION 52. IC 9-26-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. The state police
department may do the following:
(1) Require a driver who is required to file a report under this
chapter to file supplemental reports if the original report is
insufficient in the opinion of the state police department.
(2) require witnesses of accidents to submit reports to the state
police department.
the measures that will serve to further control and reduce traffic
accidents.
(7) Study proposed revisions and amendments to the motor
vehicle laws and all other laws concerning traffic safety and make
recommendations relative to those laws to the governor and
general assembly.
(8) Develop and conduct a program of effective alcohol and drug
countermeasures to protect and conserve life and property on
Indiana streets and