Second Regular Session 111th General Assembly (2000)
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HOUSE ENROLLED ACT No. 1106
AN ACT to amend the Indiana Code concerning motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-15-3-27; (00)HE1106.1.1. -->
SECTION 1. IC 8-15-3-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 27. (a) As used in this
section, "compression release engine brake" means a hydraulically
operated device that converts a power producing diesel engine into
a power absorbing
Notwithstanding IC 9, the department may adopt rules under
IC 4-22-2 for the following:
(1) Establishing weight and size limitations for vehicles using a
tollway, subject to the following:
(A) The operator of any vehicle exceeding any of the
maximum allowable dimensions or weights must apply to the
department in writing for an application for a special hauling
permit. The application must be received at least seven (7)
days before the time of desired entry. A permit, if granted,
shall be given to the applicant in duplicate, properly
completed, and numbered. The driver of the vehicle must have
a copy to present to the toll attendant on duty at the point of
entry to the tollway.
(B) The department shall assess a fee for issuing a special
hauling permit. In assessing the fee, the department shall take
into consideration the following factors:
(i) The administrative cost of issuing the permit.
(ii) The potential damage the vehicle represents to the
(iii) The potential safety hazard the vehicle represents.
(2) Establishing the speed at which a vehicle may be driven on a
tollway, including a minimum speed and a maximum speed not
in excess of the maximum provided in IC 9 for the interstate
defense network of dual highways.
(3) Designating one-way traffic lanes on a tollway.
(4) Determining the manner of operation of vehicles entering and
leaving traffic lanes on a tollway.
(5) Determining the regulation of U-turns, of crossing or entering
medians, of stopping, parking, or standing, and of passing
vehicles on a tollway.
(6) Determining the establishment and enforcement of traffic
control signs and signals for vehicles in traffic lanes, acceleration
and deceleration lanes, toll plazas, and interchanges on a tollway.
(7) Determining the limitation of entry to and exit from a tollway
to designated entrances and exits.
(8) Determining the limitation on use of a tollway by pedestrians
and aircraft and by vehicles of a type specified in the rules.
(9) Regulating commercial activity on tollways, including the
(A) The offering or display of goods or services for sale.
(B) The posting, distributing, or displaying of signs,
advertisements, or other printed or written material.
(C) The operation of a mobile or stationary public address
(c) Notwithstanding IC 9, the department shall adopt rules
under IC 4-22-2 to control the use of compression release engine
brakes when a motor vehicle is using the Indiana toll road in a
county having a population of more than one hundred twenty-five
thousand (125,000) but less than one hundred twenty-nine
thousand (129,000). These rules must include the limitation of the
use of the compression release engine brakes instead of the service
brake system, except in the case of failure of the service brake
SOURCE: ; (00)HE1106.1.2. -->
SECTION 2. [EFFECTIVE UPON PASSAGE] (a)
Notwithstanding IC 8-15-3-27, as amended by this act, the
department of transportation shall carry out the duties imposed
upon it by IC 8-15-3-27, as amended by this act, under interim
written guidelines approved by the commissioner.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 8-15-3-27, as
amended by this act.
(2) December 31, 2000.
SOURCE: ; (00)HE1106.1.3. -->
SECTION 3. An emergency is declared for this act.
HEA 1106_ Concur
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