TITLE 312 NATURAL RESOURCES COMMISSION
Final Rule
LSA Document #05-344(F)
DIGEST
Amends
312 IAC 8-2-8 to provide for the use of motorized carts at state parks and recreation areas consistent with amendments to
IC 14-19-1-1 that were enacted through HEA 1765-2005. Effective 30 days after filing with the Secretary of State.
SECTION 1.
312 IAC 8-2-8, AS AMENDED AT 29 IR 463, SECTION 3, IS AMENDED TO READ AS FOLLOWS:
312 IAC 8-2-8 Vehicles, trails, watercraft, and aircraft
Authority:
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, curves, or where posted; or
(2) other than on a public road.
(b) A person must not park:
(1) a vehicle;
(2) watercraft; 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 is either of the following:
(i) At least sixty-five (65) years of age that is evidenced by the valid driver's license.
(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 meet the following lighting requirements if operated between the hours of sunset and sunrise:
(A) Have a lamp on the front exhibiting a white light visible at least five hundred (500) feet ahead of the motorized cart.
(B) Have a lamp on the 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, "campground" means an area where provisions are made for the accommodation of any of the following:
(A) Tents.
(B) Recreational vehicles.
(C) Vacation mobile homes.
(6) As used in this subsection, "motorized cart" has the meaning set forth in IC 14-19-1-0.5.
(c) (d) A person moving cross-country on a trail must remain on the designated pathway for the trail. A person must not:
(1) hike;
(2) bike;
(3) ski;
(4) horseback ride; or
(5) operate an off-road vehicle or snowmobile;
except on a trail designated for the purpose. A person must not ride, lead, drive, or hitch an animal, except where designated by the department.
(d) (e) A person must not operate or maintain a watercraft on a lake:
(1) containing fewer than three hundred (300) acres unless powered only by an electric trolling motor with not more than:
(A) two (2) 12-volt batteries; or
(B) one (1) 24-volt battery;
(2) except under motor horsepower and speed zone requirements applicable to the lake; and
(3) for fourteen (14) consecutive days without removal from the lake unless otherwise moored in a designated area.
(e) (f) A person must not launch, dock, or moor a watercraft or another floating device, except for approved periods and at sites designated by the department for those purposes. A person must not:
(1) leave a watercraft unattended in a courtesy dock provided by the department; or
(2) moor a watercraft at a designated group dock or mooring post unless the watercraft exhibits a valid mooring permit.
(f) (g) A person must not leave a vehicle, watercraft, 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.
(g) (h) A person must not land, taxi, take-off, park, or moor:
(1) an aircraft;
(2) a hang glider;
(3) an ultralite;
(4) a powered model aircraft; or
(5) a hot air balloon;
except at a site designated for that purpose or pursuant to a license.
(Natural Resources Commission; 312 IAC 8-2-8; filed Oct 28, 1998, 3:32 p.m.: 22 IR 741, eff Jan 1, 1999; filed Nov 5, 1999, 10:14 a.m.: 23 IR 555, eff Jan 1, 2000; filed Jun 17, 2002, 4:13 p.m.: 25 IR 3715; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; filed Sep 14, 2005, 2:45 p.m.: 29 IR 463, eff Jan 1, 2006; filed Jun 9, 2006, 3:40 p.m.: 20060705-IR-312050344FRA)
Notice of Intent: 29 IR 1245
Proposed Rule: 29 IR 1975
Hearing Held: March 27, 2006
Approved by Attorney General: June 6, 2006
Approved by Governor: June 9, 2006
Filed with Secretary of State: June 9, 2006, 3:40 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: John Bergman, Department of Natural Resources, Division of State Parks and Reservoirs, Indiana Government Center-South, 402 West Washington Street, Room W298, Indianapolis, IN 46204, (317) 232-4131, jbergman@dnr.in.gov
Posted: 07/05/2006 by Legislative Services Agency
DIN: 20060705-IR-312050344FRA
Composed: Apr 23,2024 6:44:22PM EDT
A
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