TITLE 312 NATURAL RESOURCES COMMISSION
Proposed Rule
LSA Document #17-52
DIGEST
Amends 312 IAC 8-2-8 to prohibit the use of an airborne human transportation device on a DNR property or an unmanned motor-driven airborne device on or over a DNR property, unless by permit or in an area designated for that activity. Effective 30 days after filing with the Publisher.
312 IAC 8-2-8 Vehicles, trails, boats, and aircraft
Authority: IC 14-10-2-1; IC 14-10-2-4; IC 14-11-2-1; IC 14-19-1-1
Sec. 8. (a) A person must not operate a vehicle:
(1) at a speed greater than:
(A) thirty (30) miles per hour on straight, open stretches of road; or
(B) fifteen (15) miles per hour on steep grades or curves or where posted; or
(2) except as provided in section 17 of this rule, other than on a public road.
(b) A person must not park:
(1) a vehicle;
(2) a boat; or
(3) associated equipment;
except at a site designated by the department.
(c) A person must not operate a motorized cart on a DNR property except as follows:
(1) The person must demonstrate both of the following:
(A) The person holds a valid driver's license.
(B) The person:
(i) is at least sixty-five (65) years of age that is evidenced by the valid driver's license; or
(ii) has a disability, as defined by the federal Social Security Administration guidelines (42 U.S.C. 416), that is evidenced by documentation from the Social Security Administration.
(2) A person must not operate a motorized cart other than within a campground.
(3) A motorized cart must, if operated between the hours of sunset and sunrise, have a lamp on the:
(A) front exhibiting a white light visible at least five hundred (500) feet ahead of the motorized cart; and
(B) rear exhibiting a red light visible at least five hundred (500) feet behind the motorized cart.
(4) A restriction applicable to the operation, parking, or other use of a vehicle under this section also applies to a motorized cart.
(5) As used in this subsection, "motorized cart" has the meaning set forth in IC 14-19-1-0.5. (d) Unless an activity is licensed or exempted from licensure under this rule, a person must not do the following:
(1) Leave the designated pathway for a trail while moving cross-country.
(2) Except on a trail designated for the purpose:
(A) hike;
(B) bike;
(C) ski;
(D) horseback ride; or
(E) operate an off-road vehicle or snowmobile.
(3) Except where designated by the department, ride, lead, drive, or hitch an animal.
(e) A person must not launch, dock, or moor a boat, except:
(1) for approved periods; and
(2) at sites designated by the department for those purposes.
(f) A person must not:
(1) leave a boat unattended in a courtesy dock provided by the department; or
(2) moor a boat at a designated group dock or mooring post unless the boat exhibits a valid mooring permit.
(g) A person must not operate or maintain a boat on a lake unless the person does each of the following:
(1) Operates the boat according to any horsepower or speed restrictions applicable to the lake.
(2) Except as provided in subdivisions (3) and (6), obtains and displays a valid annual boat lake permit as follows:
(A) Purchase from the department a boat lake permit under a fee schedule approved by the commission.
(B) Affix the permit in a visible location on the forward half of the boat.
(3) Except as provided in subdivision (6), for a motorboat, obtains and displays a valid annual motorboat lake permit as follows:
(A) Purchase from the department a motorboat lake permit under a fee scheduled approved by the commission.
(B) Affix the permit in a visible location on the port (left) side immediately following the excise tax decal or registration number.
(4) For a lake containing fewer than three hundred (300) acres, operates a motorboat only if the motorboat is either of the following:
(A) Powered by an electric trolling motor with not more than:
(i) two (2) 12-volt batteries; or
(ii) one (1) 24-volt battery.
(B) Operated on Loon Lake, Otter Lake, or Blue Grass Pit in the Blue Grass Fish and Wildlife Area at not greater than idle speed.
(5) Removes a boat from the lake before the expiration of fourteen (14) consecutive days, unless the boat is moored in an area where the department has approved mooring for a longer duration.
(6) A lake located on a DNR property administered by the division of fish and wildlife is exempted from subdivisions (2) and (3).
(h) A person must not leave a vehicle, boat, or associated equipment at a DNR property unless the person is actively engaged in the use of:
(1) a DNR property; or
(2) an adjacent:
(A) public freshwater lake; or
(B) navigable waterway.
(i) A person must not:
(1) land, taxi, take off, park, or moor (1) an airborne human transportation device; or
(2) a knowingly land, taxi, take off, park, moor, or operate over DNR property an unmanned motor-driven airborne device;
except at a site designated for that purpose or pursuant to a license.
Posted: 06/07/2017 by Legislative Services Agency
DIN: 20170607-IR-312170052PRA
Composed: May 04,2024 5:52:02PM EDT
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