Reprinted

February 26, 2002





ENGROSSED

SENATE BILL No. 401

_____


DIGEST OF SB 401 (Updated February 25, 2002 5:37 PM - DI 96)



Citations Affected: IC 9-13; IC 9-17; IC 9-21; IC 9-25; IC 14-16.

Synopsis: Various motor vehicle matters and electric personal assistive mobility devices. Defines an electric personal assistive mobility device as a self-balancing, two nontandem wheeled device with certain other attributes. Excludes an electric personal assistive mobility device from the definition of motor vehicle and from various requirements in the motor vehicle code. Includes the use of an electric personal assistive mobility device within certain provisions relating to the operation of a vehicle while intoxicated. Requires a person to acquire a certificate of title for an off-road vehicle, motor scooter, or motorized bicycle that will be operated within the state. Provides that this requirement does not apply to off-road vehicles, motor scooters, or motorized bicycles purchased before July 1, 2002, by an Indiana resident. Provides that state and local traffic regulation may occur on private roads and highways. Establishes a procedure by which a local authority may adopt additional traffic regulations by ordinance regarding a private road within the authority's jurisdiction. Makes conforming amendments.

Effective: Upon passage; July 1, 2002.





Riegsecker, Nugent, Sipes
(HOUSE SPONSORS _ COOK, MOCK)




    January 10, 2002, read first time and referred to Committee on Transportation and Interstate Cooperation.
    January 24, 2002, amended, reported favorably _ Do Pass.
    January 28, 2002, read second time, amended, ordered engrossed.
    January 29, 2002, engrossed.
    January 31, 2002, read third time, passed. Yeas 50, nays 0.

HOUSE ACTION

    February 5, 2002, read first time and referred to Committee on Roads and Transportation.
    February 21, 2002, amended, reported _ Do Pass.
    February 25, 2002, read second time, amended, ordered engrossed.





Reprinted

February 26, 2002

Second Regular Session 112th General Assembly (2002)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2001 General Assembly.


ENGROSSED

SENATE BILL No. 401



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 9-13-2-49.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 49.3. "Electric personal assistive mobility device" means a self-balancing, two (2) nontandem wheeled device that is designed to transport only one (1) person and that has the following:
        (1) An electric propulsion system with average power of seven hundred fifty (750) watts or one (1) horsepower.
        (2) A maximum speed of less than twenty (20) miles per hour when operated on a paved level surface, when powered solely by the propulsion system referred to in subdivision (1), and when operated by an operator weighing one hundred seventy (170) pounds.

    SECTION 2. IC 9-13-2-105 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 105. (a) "Motor vehicle" means, except as otherwise provided in this section, a vehicle that is self-propelled. The term does not include a farm tractor, or an

implement of husbandry, or an electric personal assistive mobility device.
    (b) "Motor vehicle", for purposes of IC 9-21, means:
        (1) a vehicle except a motorized bicycle that is self-propelled; or
        (2) a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
    (c) "Motor vehicle", for purposes of IC 9-25, means a vehicle that is self-propelled upon a highway in Indiana. The term does not include a farm tractor.
    (d) "Motor vehicle", for purposes of IC 9-30-10, does not include a motorized bicycle.
    SECTION 3. IC 9-13-2-109 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 109. "Motorized bicycle" means a two (2) or three (3) wheeled vehicle that is propelled by an internal combustion engine or a battery powered motor, and if powered by an internal combustion engine, has the following:
        (1) An engine rating of not more than two (2) horsepower and a cylinder capacity not exceeding fifty (50) cubic centimeters.
        (2) An automatic transmission.
        (3) A maximum design speed of not more than twenty-five (25) miles per hour on a flat surface.
The term does not include an electric personal assistive mobility device.
    SECTION 4. IC 9-13-2-114.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 114.6. "Off-road vehicle" has the meaning set forth in IC 14-16-1-3.
    SECTION 5. IC 9-13-2-196 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 196. (a) "Vehicle" means, except as otherwise provided in this section, a device in, upon, or by which a person or property is, or may be, transported or drawn upon a highway.
    (b) "Vehicle", for purposes of IC 9-14 through IC 9-18, does not include the following:
        (1) A device moved by human power.
        (2) A vehicle that runs only on rails or tracks.
        (3) A vehicle propelled by electric power obtained from overhead trolley wires but not operated upon rails or tracks.
        (4) A firetruck and apparatus owned by a person or municipal division of the state and used for fire protection.
        (5) A municipally owned ambulance.
        (6) A police patrol wagon.


        (7) A vehicle not designed for or employed in general highway transportation of persons or property and occasionally operated or moved over the highway, including the following:
            (A) Road construction or maintenance machinery.
            (B) A movable device designed, used, or maintained to alert motorists of hazardous conditions on highways.
            (C) Construction dust control machinery.
            (D) Well boring apparatus.
            (E) Ditchdigging apparatus.
            (F) An implement of husbandry.
            (G) An invalid chair.
            (H) A yard tractor.
         (8) An electric personal assistive mobility device.
    (c) For purposes of IC 9-20 and IC 9-21, the term does not include devices moved by human power or used exclusively upon stationary rails or tracks.
    (d) For purposes of IC 9-22, the term refers to an automobile, a motorcycle, a truck, a trailer, a semitrailer, a tractor, a bus, a school bus, a recreational vehicle, or a motorized bicycle.
    (e) For purposes of IC 9-30-5, IC 9-30-6, IC 9-30-8, and IC 9-30-9, the term means a device for transportation by land or air. The term includes an electric personal assistive mobility device.
    SECTION 6. IC 9-17-2-1, AS AMENDED BY P.L.181-1999, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) Within sixty (60) days of becoming an Indiana resident, a person must obtain a certificate of title for all vehicles owned by the person that:
        (1) are subject to the motor vehicle excise tax under IC 6-6-5; and
        (2) are off-road vehicles and were purchased by the person after June 30, 2002, or have a certificate of title from another state;
        (3) are motor scooters and were purchased by the person after June 30, 2002, or have a certificate of title from another state; or
        (4) are motorized bicycles and were purchased by the person after June 30, 2002, or have a certificate of title from another state;
and
will be operated in Indiana.
    (b) Within sixty (60) days after becoming an Indiana resident, a person shall obtain a certificate of title for all commercial vehicles owned by the person that:
        (1) are subject to the commercial vehicle excise tax under

IC 6-6-5.5;
        (2) are not subject to proportional registration under the International Registration Plan; and
        (3) will be operated in Indiana.
    (c) A person must produce evidence concerning the date on which the person became an Indiana resident.
    SECTION 7. IC 9-17-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. If an application for a certificate of title is for a vehicle brought into Indiana from another state, the application must be accompanied by:
        (1) the certificate of title issued for the vehicle by the other state if the other state has a certificate of title law; or
        (2) a sworn bill of sale or dealer's invoice fully describing the vehicle and the most recent registration receipt issued for the vehicle if the other state does not have a certificate of title law; or
        (3) any other information that the bureau requires, if the other state does not have a certificate of title and registration law.

    SECTION 8. IC 9-17-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. (a) This section does not apply to a motor vehicle requiring a title under section 1(a)(2), 1(a)(3), or 1(a)(4) of this chapter.
    (b)
A certificate of title issued for a vehicle that is required to be registered under this title at a declared gross weight of sixteen thousand (16,000) pounds or less must contain the odometer reading of the vehicle in miles or kilometers as of the date of sale or transfer of the vehicle.
    (b) (c) A person may not knowingly furnish to the bureau odometer information that does not accurately indicate the total recorded miles or kilometers on the vehicle.
    (c) (d) The bureau and its license branches are not subject to a criminal or civil action by a person for an invalid odometer reading on a certificate of title.
    SECTION 9. IC 9-17-2-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9. (a) This section does not apply to a motor vehicle requiring a title under section 1(a)(2), 1(a)(3), or 1(a)(4) of this chapter.
    (b)
A person applying for a certificate of title must:
        (1) apply for registration of the vehicle described in the application for the certificate of title; or
        (2) transfer the current registration of the vehicle owned or previously owned by the person.


    SECTION 10. IC 9-17-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 12. (a) As used in this section, "dealer" refers to a dealer that has:
        (1) been in business for not less than five (5) years; and
        (2) sold not less than one hundred fifty (150) motor vehicles during the preceding year.
    (b) This section does not apply to the following:
        (1) A new motor vehicle or recreational vehicle sold by a dealer licensed by the state.
        (2) A motor vehicle or recreational vehicle transferred or assigned on a certificate of title issued by the bureau.
        (3) A motor vehicle that is registered under the International Registration Plan.
         (4) A motor vehicle requiring a title under section 1(a)(2), 1(a)(3), or 1(a)(4) of this chapter.
    (c) An application for a certificate of title for a motor vehicle or recreational vehicle may not be accepted by the bureau unless the motor vehicle or recreational vehicle has been inspected by one (1) of the following:
        (1) An employee of a dealer designated by the bureau to perform an inspection.
        (2) A military policeman assigned to a military post in Indiana.
        (3) A police officer.
        (4) A designated employee of the bureau.
    (d) A person described in subsection (c) inspecting a motor vehicle, semitrailer, or recreational vehicle shall do the following:
        (1) Make a record of inspection upon the application form prepared by the bureau.
        (2) Verify the facts set out in the application.
    SECTION 11. IC 9-17-2-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 13. (a) This subsection does not apply to an off-road vehicle required to be registered under IC 14-16-1-8. Except as provided in subsection (b), a person may not operate or permit to be operated upon the highways a motor vehicle, semitrailer, or recreational vehicle under an Indiana registration number unless a certificate of title has been issued under this chapter for the motor vehicle, semitrailer, or recreational vehicle.
    (b) A person may operate a motor vehicle, semitrailer, or recreational vehicle upon highways without an Indiana certificate of title if the motor vehicle, semitrailer, or recreational vehicle:
        (1) is:
            (A) fully titled and registered in another state; and
            (B) operating under an Indiana trip permit or temporary registration; or
        (2) is registered under apportioned registration of the International Registration Plan and based in a state other than Indiana.
    (c) A person who owns a motor vehicle, semitrailer, or recreational vehicle may declare Indiana as the person's base without obtaining an Indiana certificate of title if:
        (1) the person's state of residence is not a member of the International Registration Plan; and
        (2) the person presents satisfactory proof of ownership from the resident state.
     (d) This subsection does not apply to a motor scooter, a motorized bicycle, or an off-road vehicle purchased before July 1, 2002. A person may not operate or permit to be operated upon the highways:
        (1) a motor scooter;
        (2) a motorized bicycle; or
        (3) an off-road vehicle;
unless a certificate of title has been issued under this chapter for the motor scooter, motorized bicycle, or off-road vehicle, or unless the motor scooter, motorized bicycle, or off-road vehicle is titled in another state.

    SECTION 12. IC 9-17-2-17 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 17. A title issued under this chapter does not relieve an owner of an off-road vehicle from any registration requirement for the off-road vehicle under IC 14-16-1.
    SECTION 13. IC 9-21-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A local authority may adopt by ordinance additional traffic regulations with respect to streets, and highways under the authority's jurisdiction. An ordinance adopted under this subsection may not conflict with or duplicate a statute.
    (b) After a request has been made at a public meeting or by certified mail to the legislative body (as defined in IC 36-1-2-9) from the property owner, a local authority may adopt by ordinance additional traffic regulations with respect to a private road within the authority's jurisdiction. The ordinance:
        (1) must require a contractual agreement between the local authority and property owner of the private road, setting forth the terms and responsibilities of the additional traffic

regulations;
        (2) must require the contractual agreement required under subdivision (1) to be recorded after passage of the ordinance in the office of the recorder of the county in which the private road is located; and
        (3) may not conflict with or duplicate state law.
    (c)
A fine assessed for a violation of a traffic ordinance adopted by a local authority may be deposited into the general fund of the appropriate political subdivision.
    SECTION 14. IC 9-21-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) A local authority, with respect to private roads streets, and highways under the authority's jurisdiction, in accordance with section 2 of this chapter, and within the reasonable exercise of the police power, may do the following:
        (1) Regulate the standing or parking of vehicles.
        (2) Regulate traffic by means of police officers or traffic control signals.
        (3) Regulate or prohibit processions or assemblages on the highways.
        (4) Designate a highway as a one-way highway and require that all vehicles operated on the highway be moved in one (1) specific direction.
        (5) Regulate the speed of vehicles in public parks.
        (6) Designate a highway as a through highway and require that all vehicles stop before entering or crossing the highway.
        (7) Designate an intersection as a stop intersection and require all vehicles to stop at one (1) or more entrances to the intersection.
        (8) Restrict the use of highways as authorized in IC 9-21-4-7.
        (9) Regulate the operation of bicycles and require the registration and licensing of bicycles, including the requirement of a registration fee.
        (10) Regulate or prohibit the turning of vehicles at intersections.
        (11) Alter the prima facie speed limits authorized under IC 9-21-5.
        (12) Adopt other traffic regulations specifically authorized by this article.
        (13) Adopt traffic regulations governing traffic control on public school grounds when requested by the governing body of the school corporations.
    (b) An ordinance or regulation adopted under subsection (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), (a)(10), (a)(11), (a)(12), or (a)(13) is

effective when signs giving notice of the local traffic regulations are posted upon or at the entrances to the highway or part of the highway that is affected.
    SECTION 15. IC 9-21-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. Except when a different place is specifically referred to, this article applies exclusively to the operation of vehicles upon highways including streets or and private roads of a residential subdivision, regardless of who maintains
them.
    SECTION 16. IC 9-21-9-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 0.5. This chapter does not apply to an electric personal assistive mobility device.
    SECTION 17. IC 9-25-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This section does not apply to an electric personal assistive mobility device.
    (b)
A person may not:
        (1) register a vehicle; or
        (2) operate a vehicle on a public highway;
in Indiana if financial responsibility is not in effect with respect to the motor vehicle under section 4 of this chapter.
    (b) (c) A person who violates this section is subject to the suspension of the person's current driving license or vehicle registration, or both, under this article.
    SECTION 18. IC 14-16-1-9.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9.5. Registration under this chapter does not relieve an owner of an off-road vehicle from any title requirement for the off-road vehicle under IC 9-17-2.
    SECTION 19. An emergency is declared for this act.