WORKSITE SAFETY AUTOMATED ENFORCEMENT PROGRAM

PURPOSE OF NOTICE

The Indiana Department of Transportation (INDOT) is soliciting public comment on the addition of rules at 105 IAC 18 concerning the worksite safety automated enforcement program to: provide requirements to rebut the presumption an owner was the operator; establish the burden of proof standard; address record retention; clarify the number of worksite speed control systems operated; and ensure compliance with state law. INDOT seeks comment on the affected citations listed and any other provisions of Title 105 that may be affected by this rulemaking.

CITATIONS AFFECTED: 105 IAC 18

AUTHORITY: IC 8-23-2-6; IC 8-23-32-21

OVERVIEW

Basic Purpose and Background

The purpose of the rule is to implement the work zone safety enforcement pilot program established under IC 8-23-32.  The program allows for INDOT to use a work speed control system, where workers are present on a road or bridge on an interstate system or U.S. route, to take photographs or a recorded image of the rear of a vehicle exceeding the worksite speed limit by at least eleven (11) miles per hour.  The law creates a rebuttable presumption that the owner of a motor vehicle that is the subject of a photograph or recorded image was operating the vehicle when the photograph or image was obtained through the worksite speed control system.  The rule, in part, establishes what information is required to rebut the presumption, including the burden of proof standard, as well as how joint ownership of a motor vehicle will be addressed.  Failure to rebut the presumption will result in a warning or civil penalty against the owner of the motor vehicle for the violation of the worksite speed limit as set forth in IC 8-23-32-18.  Because requirements will be imposed on the traveling public, the proposed rule is needed to inform motorists of what evidence is required to rebut the presumption that the owner of the motor vehicle was not the operator of the motor vehicle at the time of the violation of the worksite speed limit that caused the issuance of a citation.  The rule also clarifies that INDOT may not operate and monitor more than four (4) worksites at any given time in a year. Lastly, the rule addresses record retention under the new statute.

For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is:

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.

REQUEST FOR PUBLIC COMMENTS

At this time, INDOT is soliciting public comments on the proposed rule. Comments may be submitted in one of the following ways:

COMMENT PERIOD DEADLINE

All comments must be postmarked or time stamped not later than April 2, 2024.

The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Indiana Department of Transportation, 100 North Senate Avenue, Room 758, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the office of the Indiana Department of Transportation.

If INDOT does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice.

ADDITIONAL DOCUMENTS

Regulatory Analysis: 20240228-IR-105240085RAA

Notice of Public Hearing: 20240228-IR-105240085PHA

PROPOSED RULE

A worksite includes lanes of the highway leading up to the area on which the activity is being performed, beginning at the point where appropriate signs directing vehicles to merge from one (1) lane into another lane are posted. A worksite may include both directions of the highway, the median, or on and off exit ramps where work is being performed.