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
Effective: Upon passage; July 1, 2002.
January 10, 2002, read first time and referred to Committee on Transportation and
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.
A BILL FOR AN ACT to amend the Indiana Code concerning
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
(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,
implement of husbandry, or an electric personal assistive mobility
(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.
(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;
(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.
(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
to the operation of vehicles upon highways including streets or and
private roads of a residential subdivision, regardless of who maintains
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.