Reprinted
April 7, 2009
ENGROSSED
HOUSE BILL No. 1483
_____
DIGEST OF HB 1483
(Updated April 6, 2009 2:52 pm - DI 96)
Citations Affected: IC 9-13; IC 9-17; IC 9-18; IC 9-19; IC 9-20;
IC 9-21; IC 9-22; IC 9-24; IC 9-26; IC 14-8.
Synopsis: Off-road vehicles, farm wagons, and golf carts. Defines
"farm wagon" as including three, four, and six wheeled motor vehicles
with a folding hitch that is used for certain purposes. Prohibits a certain
type of farm wagon from operation on an interstate highway, or a state
highway, except under specific circumstances. Authorizes an
individual at least 15 years of age to operate a motorized farm wagon
on a highway. Prohibits the use of a motorized farm wagon operated on
a highway to tow another vehicle. Prohibits an individual from
operating a golf cart on a highway, except when a city or town has
adopted an ordinance (ordinance) authorizing the use of golf carts on
the city's or town's highways. Specifies that an ordinance: (1) may
require that a golf cart display a slow moving vehicle sign or a red or
amber flashing lamp; and (2) must require an individual operating a
golf cart in the city or the town to hold a driver's license. Requires
financial responsibility for golf carts operated pursuant to an ordinance.
Requires a person removing a wrecked or damaged golf cart from a
highway to remove any glass or other foreign material dropped upon
the highway from the golf cart. Makes conforming amendments.
Effective: July 1, 2009.
Lehe, Grubb
(SENATE SPONSORS _ HERSHMAN, STUTZMAN, YOUNG R, STEELE)
January 14, 2009, read first time and referred to Committee on Agriculture and Rural
Development.
February 12, 2009, amended, reported _ Do Pass.
February 16, 2009, read second time, ordered engrossed. Engrossed.
February 17, 2009, read third time, passed. Yeas 94, nays 1.
SENATE ACTION
February 19, 2009, read first time and referred to Committee on Agriculture and Small
Business.
March 17, 2009, reported favorably _ Do Pass.
April 6, 2009, read second time, amended, ordered engrossed.
Reprinted
April 7, 2009
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2008 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1483
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-13-2-60; (09)EH1483.2.1. -->
SECTION 1. IC 9-13-2-60, AS AMENDED BY P.L.210-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 60. (a) "Farm wagon" means either of the
following:
(1) A wagon, other than an implement of agriculture, that is used
primarily for transporting farm products and farm supplies in
connection with a farming operation.
(2) A three (3), four (4), or six (6) wheeled motor vehicle with
a folding hitch on the front of the motor vehicle,
manufactured with seating for not more than four (4)
individuals, that is used primarily:
(A) to transport an individual from one (1) farm field to
another, whether or not the motor vehicle is operated on a
highway in order to reach the other farm field;
(B) for the transportation of an individual upon farm
premises; or
(C) for both purposes set forth in clauses (A) and (B).
(b) The term includes a motor vehicle described in subsection
(a)(2) that is used for the incidental transportation of farm supplies
or farm implements at the same time it is used for the
transportation of an individual.
SOURCE: IC 9-13-2-69.7; (09)EH1483.2.2. -->
SECTION 2. IC 9-13-2-69.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 69.7. "Golf cart" means a four (4) wheeled motor
vehicle originally and specifically designed and intended to
transport one (1) or more individuals and golf clubs for the
purpose of playing the game of golf on a golf course.
SOURCE: IC 9-13-2-94.5; (09)EH1483.2.3. -->
SECTION 3. IC 9-13-2-94.5, AS AMENDED BY P.L.9-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 94.5. "Low speed vehicle" means a four (4)
wheeled electrically powered motor vehicle:
(1) with a maximum design speed of not more than thirty-five
(35) miles per hour;
(2) with operational and equipment specifications described in 49
CFR 571.500;
(3) that is equipped with:
(A) headlamps;
(B) front and rear turn signal lamps, tail lamps, and stop
lamps;
(C) reflex reflectors;
(D) exterior or interior mirrors;
(E) brakes as specified in IC 9-19-3-1;
(F) a windshield;
(G) a vehicle identification number; and
(H) a safety belt installed at each designated seating position;
and
(4) that has not been privately assembled as described in
IC 9-17-4-1.
The term does not include a golf cart.
SOURCE: IC 9-13-2-198; (09)EH1483.2.4. -->
SECTION 4. IC 9-13-2-198 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 198. Except as
provided in section 60(a)(2) of this chapter, "wagon" means a vehicle
that is:
(1) without motive power;
(2) designed to be pulled by a motor vehicle;
(3) constructed so that no part of the weight of the wagon rests
upon the towing vehicle;
(4) equipped with a flexible tongue; and
(5) capable of being steered by the front two (2) wheels.
SOURCE: IC 9-17-1-1; (09)EH1483.2.5. -->
SECTION 5. IC 9-17-1-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1. This article does not apply to
farm wagons, a golf cart, or to a motor vehicle that was designed to
have a maximum design speed of not more than twenty-five (25) miles
per hour and that was built, constructed, modified, or assembled by a
person other than the manufacturer.
SOURCE: IC 9-18-1-1; (09)EH1483.2.6. -->
SECTION 6. IC 9-18-1-1, AS AMENDED BY P.L.1-2006,
SECTION 160, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1. This article does not apply to the
following:
(1) Farm wagons.
(2) Farm tractors.
(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.
(5) Off-road vehicles.
(6) Golf carts.
SOURCE: IC 9-19-1-1; (09)EH1483.2.7. -->
SECTION 7. IC 9-19-1-1, AS AMENDED BY P.L.210-2005,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. (a) Except as provided in subsection (b) and as
otherwise provided in this chapter, this article does not apply to the
following with respect to equipment on vehicles:
(1) Implements of 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.
(6) Golf carts.
(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.
SOURCE: IC 9-20-9-8; (09)EH1483.2.8. -->
SECTION 8. IC 9-20-9-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 8. (a) This section does not apply
to farm wagons (as defined in IC 9-13-2-60(a)(1)). However, a farm
wagon (as defined in IC 9-13-2-60(a)(2)) that is operated on a
highway may not be used to tow another vehicle.
(b) The draw bar or other connection between any two (2) vehicles,
one (1) of which is towing or drawing the other upon a highway, may
not exceed fifteen (15) feet in length from one (1) vehicle to the other.
(c) Each trailer and semitrailer hauled by a motor propelled vehicle
must be attached to the vehicle and to each other with the forms of
coupling devices that will prevent the trailer or semitrailer from being
deflected more than six (6) inches from the path of the towing vehicle
or to each other, by suitable safety chains or devices, one (1) on each
side of the coupling and at the extreme outer edge of the vehicle. Each
chain or device and connection used must be of sufficient strength to
haul the trailer when loaded.
(d) A vehicle, including a combination of vehicles engaged in
interstate commerce, and any safety equipment on the vehicle,
including safety chains, cables, or other devices, that is otherwise in
compliance with:
(1) the United States Department of Transportation Federal
Highway Administration motor carrier safety regulations;
(2) the motor vehicle safety standards of the National Highway
Safety Bureau of the United States Department of Transportation;
or
(3) the successor of either or both of those agencies;
is considered to be in compliance with this section.
SOURCE: IC 9-20-10-2; (09)EH1483.2.9. -->
SECTION 9. IC 9-20-10-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) A farm wagon
(as defined in IC 9-13-2-60(a)(1)) is not subject to IC 9-20-9-8 with
regard to trailers in tow.
(b) A farm wagon (as defined in IC 9-13-2-60(a)(2)) may not be
used to tow a trailer.
SOURCE: IC 9-21-1-1; (09)EH1483.2.10. -->
SECTION 10. IC 9-21-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. Except as provided
in sections 2, and 3, and 3.3 of this chapter, this article applies
throughout Indiana.
SOURCE: IC 9-21-1-3; (09)EH1483.2.11. -->
SECTION 11. IC 9-21-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) A local authority,
with respect to private roads and highways under the authority's
jurisdiction, in accordance with section 2 of this chapter, and within the
reasonable exercise of the police power, may do the following:
(1) Regulate the standing or parking of vehicles.
(2) Regulate traffic by means of police officers or traffic control
signals.
(3) Regulate or prohibit processions or assemblages on the
highways.
(4) Designate a highway as a one-way highway and require that
all vehicles operated on the highway be moved in one (1) specific
direction.
(5) Regulate the speed of vehicles in public parks.
(6) Designate a highway as a through highway and require that all
vehicles stop before entering or crossing the highway.
(7) Designate an intersection as a stop intersection and require all
vehicles to stop at one (1) or more entrances to the intersection.
(8) Restrict the use of highways as authorized in IC 9-21-4-7.
(9) Regulate the operation of bicycles and require the registration
and licensing of bicycles, including the requirement of a
registration fee.
(10) Regulate or prohibit the turning of vehicles at intersections.
(11) Alter the prima facie speed limits authorized under
IC 9-21-5.
(12) Adopt other traffic regulations specifically authorized by this
article.
(13) Adopt traffic regulations governing traffic control on public
school grounds when requested by the governing body of the
school corporations.
(14) Regulate or prohibit the operation of low speed vehicles or
golf carts on highways.
(b) An ordinance or regulation adopted under subsection (a)(4),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(10), (a)(11), (a)(12), (a)(13), or (a)(14),
is effective when signs giving notice of the local traffic regulations are
posted upon or at the entrances to the highway or part of the highway
that is affected.
SOURCE: IC 9-21-1-3.3; (09)EH1483.2.12. -->
SECTION 12. IC 9-21-1-3.3 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 3.3. (a) A city or a town may adopt by ordinance
additional traffic regulations concerning the use of golf carts on a
highway under the jurisdiction of the city or the town. An
ordinance adopted under this subsection may not conflict with or
duplicate state law.
(b) A fine assessed for a violation of a traffic ordinance adopted
by a city or a town under this section shall be deposited into the
general fund of the city or town.
(c) A person who violates subsection (a) commits a Class C
infraction.
SOURCE: IC 9-21-8-45; (09)EH1483.2.13. -->
SECTION 13. IC 9-21-8-45 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 45. (a) A farm wagon
may not be operated on an interstate highway.
(b) In addition to the prohibition set forth in subsection (a), a
farm wagon (as defined in IC 9-13-2-60(a)(2)) may not be operated
on a highway designated as a part of the state highway system
under IC 8-23-4-2, except that a farm wagon may cross a state
highway, other than a limited access highway, at right angles for
the purpose of getting from one (1) farm field to another when the
operation can be done safely. The operator shall bring the farm
wagon to a complete stop before proceeding across the state
highway and shall yield the right-of-way to all traffic.
SOURCE: IC 9-21-9-0.5; (09)EH1483.2.14. -->
SECTION 14. IC 9-21-9-0.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. (a) This chapter
does not apply to the following:
(1) An electric personal assistive mobility device.
(2) A low speed vehicle.
(3) Except as provided in subsection (b), a golf cart.
(b) An ordinance adopted in accordance with IC 9-21-1-3(a)(14)
or IC 9-21-1-3.3(a) may require a golf cart to display a slow
moving vehicle emblem in accordance with section 3 of this chapter
or a red or amber flashing lamp in accordance with section 4 of
this chapter. A fine assessed for a violation of an ordinance under
this section shall be deposited in the general fund of the city or
town.
SOURCE: IC 9-22-1-1; (09)EH1483.2.15. -->
SECTION 15. IC 9-22-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. This chapter does not
apply to the following:
(1) A vehicle in operable condition specifically adapted or
constructed for operation on privately owned raceways.
(2) A vehicle stored as the property of a member of the armed
forces of the United States who is on active duty assignment.
(3) A vehicle located on a vehicle sale lot.
(4) A vehicle located upon property licensed or zoned as an
automobile scrapyard.
(5) A vehicle registered and licensed under IC 9-18-12 as an
antique vehicle.
(6) A golf cart.
SOURCE: IC 9-22-3-0.5; (09)EH1483.2.16. -->
SECTION 16. IC 9-22-3-0.5, AS ADDED BY P.L.219-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 0.5. For purposes of this chapter,"motor vehicle"
does not include:
(1) an off-road vehicle; or
(2) a golf cart.
SOURCE: IC 9-22-5-16; (09)EH1483.2.17. -->
SECTION 17. IC 9-22-5-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. (a) This section
does not apply to a person who sells, exchanges, or transfers golf
carts.
(b) A seller that is:
(1) a dealer; or
(2) another person who sells, exchanges, or transfers at least five
(5) vehicles each year;
may not sell, exchange, or transfer a rebuilt vehicle without disclosing
in writing to the purchaser, customer, or transferee, before
consummating the sale, exchange, or transfer, the fact that the vehicle
is a rebuilt vehicle if the dealer or other person knows or should
reasonably know the vehicle is a rebuilt vehicle.
SOURCE: IC 9-24-1-7; (09)EH1483.2.18. -->
SECTION 18. IC 9-24-1-7, AS AMENDED BY P.L.210-2005,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 7.
(a) 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 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,
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
an
Indiana 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 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;
while operating a motor vehicle upon a public highway.
(6) A nonresident whose home state or country does not require
the licensing of operators or chauffeurs and who has not been
licensed as an operator or a chauffeur in the nonresident's home
state or country as an operator if the nonresident is at least sixteen
(16) years and thirty (30) days of age and less than eighteen (18)
years of age or as a chauffeur if the nonresident is at least
eighteen (18) years of age, for not more than sixty (60) days in
any one (1) year if the following conditions exist:
(A) The unlicensed nonresident is the owner of the motor
vehicle or the authorized driver of the vehicle.
(B) The vehicle has been registered for the current year in the
state or country of which the owner is a resident.
(C) The motor vehicle at all times displays a registration plate
issued in the home state or country of the owner.
(D) The nonresident owner or driver has in the owner's or
driver's immediate possession a registration card evidencing
ownership and registration in the owner's or driver's home
state or country or is able at any required time or place to do
the following:
(i) Prove lawful possession or the right to operate the motor
vehicle.
(ii) Establish the nonresident's proper identity.
(7) 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.
(8) A new resident of Indiana who possesses an unexpired 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.
(9) 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.
(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 or town hold a driver's license.
SOURCE: IC 9-26-6-0.5; (09)EH1483.2.19. -->
SECTION 19. IC 9-26-6-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 0.5. Section 1 of this chapter applies to a person
removing a wrecked or damaged golf cart from a street or
highway.
SOURCE: IC 14-8-2-116.5; (09)EH1483.2.20. -->
SECTION 20. IC 14-8-2-116.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 116.5. "Golf cart", for purposes
of IC 14-8-2-185 and IC 14-19-1-0.5, has the meaning set forth in
IC 9-13-2-69.7.
SOURCE: IC 14-8-2-185; (09)EH1483.2.21. -->
SECTION 21. IC 14-8-2-185, AS AMENDED BY P.L.225-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 185. (a) "Off-road vehicle", for purposes of
IC 14-16-1 and IC 14-19-1-0.5, means a motor driven vehicle capable
of cross-country travel:
(1) without benefit of a road; and
(2) on or immediately over land, water, snow, ice, marsh,
swampland, or other natural terrain.
(b) The term includes the following:
(1) A multiwheel drive or low pressure tire vehicle.
(2) An amphibious machine.
(3) A ground effect air cushion vehicle.
(4) Other means of transportation deriving motive power from a
source other than muscle or wind.
(c) The term does not include the following:
(1) A farm vehicle being used for farming,
including, but not
limited to, a farm wagon (as defined in IC 9-13-2-60(a)(2)).
(2) A vehicle used for military or law enforcement purposes.
(3) A construction, mining, or other industrial related vehicle used
in performance of the vehicle's common function.
(4) A snowmobile (as defined by section 261 of this chapter).
(5) A registered aircraft.
(6) Any other vehicle properly registered by the bureau of motor
vehicles.
(7) Any watercraft that is registered under Indiana statutes.
(8) A golf cart vehicle.