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IC 9-19-1-2
Application of chapter and IC 9-19-4-3, IC 9-19-4-4, and
IC 9-19-5-7; exceptions to equipment requirements; notice; permits
Sec. 2. (a) Except as provided in subsections (b) and (c), sections
4 through 5 of this chapter and IC 9-19-4-3, IC 9-19-4-4, and
IC 9-19-5-7 do not apply to vehicles:
(1) while engaged in the construction of highways; and
(2) when the movement of the vehicles is confined wholly to
highways or roads or sections of highways or roads that are
under construction and not yet open to unlimited public use.
(b) If the authority having jurisdiction over the construction of the
public highway gives written notice to the owner or operator of a
vehicle that the vehicle may not be operated in violation of sections
4 through 5 of this chapter and IC 9-19-4-3, IC 9-19-4-4, and
IC 9-19-5-7 without a permit issued by the authority, the owner or
operator must obtain a permit from the authority before the vehicle
is operated within the highway construction area.
(c) If written notice is given under subsection (b) and a permit is
not obtained by the owner or operator, sections 4 through 5 of this
chapter and IC 9-19-4-3, IC 9-19-4-4, and IC 9-19-5-7 apply to the
owner's or operator's vehicle while engaged in the construction of a
public highway.
(d) The written notice that this section requires from the authority
having jurisdiction to the owner or operator may be in the form of
any one (1) of the following documents:
(1) A letter.
(2) A specifications document.
(3) A contract document.
(4) A written agreement.
(5) A written document that pertains to the construction work
being performed by the owner or operator.
As added by P.L.2-1991, SEC.7. Amended by P.L.12-1991, SEC.2.
IC 9-19-1-3
Exceptions to applicability of chapter
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 agriculture when used during farming
operations or when 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 36-8-12-2); and
(2) do not limit the width or height of farm vehicles when
loaded with farm products.
As added by P.L.2-1991, SEC.7. Amended by P.L.81-1991, SEC.6;
P.L.1-1999, SEC.29; P.L.210-2005, SEC.28.
IC 9-19-1-4
Operation of noncomplying vehicle
Sec. 4. Except as otherwise provided in this article, a person may
not operate or move upon a highway in Indiana a vehicle or
combination of vehicles that are not constructed or equipped in
compliance with this article.
As added by P.L.2-1991, SEC.7.
IC 9-19-1-5
Owner operating or permitting operation of noncomplying vehicle
Sec. 5. Except as otherwise provided in this article, an owner of
a vehicle may not cause or knowingly permit to be operated or
moved upon a highway in Indiana a vehicle or combination of
vehicles that is not constructed or equipped in compliance with this
article.
IC 9-19-1-6
United States Department of Transportation regulations;
classification of violations
Sec. 6. (a) This section does not apply to a person who owns or
operates a vehicle or combination of vehicles that:
(1) contains parts and accessories; and
(2) is equipped;
as required under regulations of the United States Department of
Transportation.
(b) A person who violates this chapter commits a Class C
infraction.
As added by P.L.2-1991, SEC.7.
IC 9-19-1-7
Interstate compacts and agreements; equipment violations
convictions and citations
Sec. 7. The following are subject to IC 9-28:
(1) A:
(A) conviction for a crime; or
(B) judgment for an offense or ordinance violation;
under this article related to the use or operation of a motor
vehicle.
(2) The issuance of a citation (as defined in IC 9-28-2-1) under
this article.
As added by P.L.2-1991, SEC.7.