Citations Affected: IC 8-2.1; IC 9-13; IC 9-24; IC 9-30; IC 12-23;
IC 33-14; noncode.
Synopsis: Commercial driver's licenses. Requires the bureau of motor
vehicles to adopt rules regulating a person who holds a commercial
driver's license. Adopts federal law concerning commercial drivers into
Indiana law. Specifies that certain probationary and restricted driving
privileges do not apply to a person holding a commercial driver's
license who has committed certain disqualifying acts under federal law,
and repeals and relocates language concerning the issuance of a
restricted license. Makes conforming changes.
Effective: July 1, 2003.
January 21, 2003, read first time and referred to Committee on Transportation and
Homeland Security.
January 28, 2003, reported favorably _ Do Pass.
February 3, 2003, read second time, ordered engrossed. Engrossed.
February 4, 2003, read third time, passed. Yeas 45, nays 5.
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
SECTION 1. IC 8-2.1-24-18, AS AMENDED BY P.L.92-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 18. (a) 49 CFR Parts 382 385 through 387, 390
through 393, and 395 through 398 is incorporated into Indiana law by
reference, and, except as provided in subsections (d), (e), (f), and (g),
must be complied with by an interstate and intrastate motor carrier of
persons or property throughout Indiana. Intrastate motor carriers
subject to compliance reviews under 49 CFR 385 shall be selected
according to criteria determined by the superintendent which must
include but is not limited to factors such as previous history of
violations found in roadside compliance checks and other recorded
violations. However, the provisions of 49 CFR 395 that regulate the
hours of service of drivers, including requirements for the maintenance
of logs, do not apply to a driver of a truck that is registered by the
bureau of motor vehicles and used as a farm truck under IC 9-18, or a
vehicle operated in intrastate construction or construction related
service, or the restoration of public utility services interrupted by an
emergency. Except as provided in subsection (i), intrastate motor
carriers not operating under authority issued by the United States
Department of Transportation shall comply with the requirements of 49
CFR 390.21(b)(3) by registering with the department of state revenue
as an intrastate motor carrier and displaying the certification number
issued by the department of state revenue preceded by the letters "IN".
Except as provided in subsection (i), all other requirements of 49 CFR
390.21 apply equally to interstate and intrastate motor carriers.
(b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177
through 178, and 180, is incorporated into Indiana law by reference,
and every:
(1) private carrier;
(2) common carrier;
(3) contract carrier;
(4) motor carrier of property, intrastate;
(5) hazardous material shipper; and
(6) carrier otherwise exempt under section 3 of this chapter;
must comply with the federal regulations incorporated under this
subsection, whether engaged in interstate or intrastate commerce.
(c) Notwithstanding subsection (b), nonspecification bulk and
nonbulk packaging, including cargo tank motor vehicles, may be used
only if all the following conditions exist:
(1) The maximum capacity of the vehicle is less than three
thousand five hundred (3,500) gallons.
(2) The shipment of goods is limited to intrastate commerce.
(3) The vehicle is used only for the purpose of transporting fuel
oil, kerosene, diesel fuel, gasoline, gasohol, or any combination
of these substances.
All additional federal standards for the safe transportation of hazardous
materials apply until July 1, 2000. After June 30, 2000, the
maintenance, inspection, and marking requirements of 49 CFR 173.8
and Part 180 are applicable. In accordance with federal hazardous
materials regulations, new or additional nonspecification cargo tank
motor vehicles may not be placed in service under this subsection after
June 30, 1998.
(d) For the purpose of enforcing this section, only:
(1) a state police officer or state police motor carrier inspector
who:
(A) has successfully completed a course of instruction
approved by the Federal Highway Administration; and
(B) maintains an acceptable competency level as established
by the state police department; or
while driving a motor vehicle, has self monitored blood
glucose levels one (1) hour before driving and at least once
every four (4) hours while driving or on duty before driving
using a portable glucose monitoring device equipped with a
computerized memory; and
(E) has submitted the blood glucose logs from the monitoring
device to the endocrinologist at the time of the annual medical
examination.
A copy of the blood glucose logs shall be filed along with the
annual statement from the endocrinologist with the bureau of
motor vehicles for review by the driver licensing advisory
committee established under IC 9-14-4. A copy of the annual
statement shall also be provided to the driver's employer for
retention in the driver's qualification file, and a copy shall be
retained and held by the driver while driving for presentation to
an authorized federal, state, or local law enforcement official.
(3) Subpart 396.9 as it applies to inspection of vehicles carrying
or loaded with a perishable product. However, this exemption
does not prohibit a law enforcement officer from stopping these
vehicles for an obvious violation that poses an imminent threat of
an accident or incident. The exemption is not intended to include
refrigerated vehicles loaded with perishables when the
refrigeration unit is working.
(4) Subpart 396.11 as it applies to driver vehicle inspection
reports.
(5) Subpart 396.13 as it applies to driver inspection.
(h) For purposes of 49 CFR 395.1(l), "planting and harvesting
season" refers to the period between January 1 and December 31 of
each year. The intrastate commerce exception set forth in 49 CFR
395.1(l), as it applies to the transportation of agricultural commodities
and farm supplies, is restricted to single vehicles and cargo tank motor
vehicles with a capacity of not more than five thousand four hundred
(5,400) gallons.
(i) The requirements of 49 CFR 390.21 do not apply to an intrastate
carrier or a guest operator not engaged in interstate commerce and
operating a motor vehicle as a farm vehicle in connection with
agricultural pursuits usual and normal to the user's farming operation
or for personal purposes unless the vehicle is operated either part time
or incidentally in the conduct of a commercial enterprise.
(j) The superintendent of state police may adopt rules under
IC 4-22-2 governing the parts and subparts of 49 CFR incorporated by
reference under this section.
49 U.S.C. 2304, 31104, and 49 U.S.C. 2701 31301 through 2716
as in effect January 1, 1991, 31306, or applicable federal
regulations.
(c) The bureau may remove the exemptions granted under
subsections (a) and (b) if the bureau, upon notice and public hearing,
determines that the waiver is in the interest of safety or of keeping
Indiana in compliance with federal law, subject to section 3 of this
chapter.
SECTION 4. IC 9-24-6-2, AS AMENDED BY P.L.123-2002,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 2. (a) The bureau shall adopt rules under
IC 4-22-2 to regulate persons required to hold a commercial driver's
license.
(b) The rules must carry out 49 U.S.C. 521, 49 U.S.C. 31104, 49
U.S.C. 31301 through 31306, 49 U.S.C. 31308 through 31317, and 49
CFR 383 through 384, and may not be more restrictive than the
federal Motor Carrier Safety Improvement Act of 1999 (MCSIA)
(Public Law 106-159.113 Stat. 1748).
(c) Rules adopted under this section must include the following:
(1) Establishment of classes and periods of validation of
commercial driver's licenses.
(2) Standards for commercial driver's licenses, including
suspension and revocation procedures.
(3) Requirements for documentation of eligibility for legal
employment, as set forth in 8 CFR 274a.2, and proof of residence
in Indiana.
(4) Development of written or oral tests, driving tests, and fitness
requirements.
(5) Defining the commercial driver's licenses by classification and
the information to be contained on the licenses, including the
Social Security number and a unique identifier of the holder.
(6) Establishing fees for the issuance of commercial driver's
licenses, including fees for testing and examination.
(7) Procedures for the notification by the holder of a commercial
driver's license to the bureau and the driver's employer of
pointable traffic offense convictions.
(8) Conditions for reciprocity with other states, including
requirements for a written commercial driver's license test and
operational skills test, and a hazardous materials endorsement
written test and operational skills test, before a license may be
issued.
(9) Other rules necessary to administer this chapter.
license or permit to the bureau;
(3) shall direct the person to apply to the bureau for a restricted
driver's license;
(4) shall order the bureau to issue the person an appropriate
license;
(5) shall place the person on probation for a fixed period of not
less than three (3) years and not more than ten (10) years;
(6) shall attach restrictions to the person's driving privileges,
including restrictions limiting the person's driving to:
(A) commercial or business purposes or other employment
related driving;
(B) specific purposes in exceptional circumstances; and
(C) rehabilitation programs;
(7) shall order the person to file proof of financial responsibility
for three (3) years following the date of being placed on
probation; and
(8) may impose other appropriate conditions of probation.
(d) (e) If a court finds that a person:
(1) is a habitual violator under section 4(b) or 4(c) of this chapter;
(2) does not have any judgments for violations under section 4(a)
of this chapter;
(3) does not have any judgments or convictions for violations
under section 4(b) of this chapter, except for judgments or
convictions under section 4(b)(5) of this chapter that resulted
from driving on a suspended license that was suspended for:
(A) the commission of infractions only; or
(B) previously driving on a suspended license;
(4) has not been previously placed on probation under this section
by a court; and
(5) has had the person's driving privileges suspended under this
chapter for at least three (3) consecutive years and has not
violated the terms of the person's suspension by operating a
vehicle for at least three (3) consecutive years;
the court may place the person on probation under subsection (c) (d).
SECTION 10. IC 12-23-5-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 0.5. After June 30, 2005, this
chapter does not apply to a person who:
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation
of a motor vehicle in accordance with the federal Motor
Carrier Safety Improvement Act of 1999 (MCSIA) (Public
Law 106-159.113 Stat. 1748).
SECTION 11. IC 33-14-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. (a) After June 30,
2005, this section does not apply to a person who:
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation
of a motor vehicle in accordance with the federal Motor
Carrier Safety Improvement Act of 1999 (MCSIA) (Public
Law 106-159.113 Stat. 1748).
(b) A prosecuting attorney may withhold prosecution against an
accused person if:
(1) the person is charged with a misdemeanor;
(2) the person agrees to conditions of a pretrial diversion program
offered by the prosecuting attorney; and
(3) the terms of the agreement are recorded in an instrument
signed by the person and the prosecuting attorney and filed in the
court in which the charge is pending.
(b) (c) An agreement under subsection (a) (b) may include
conditions that the person:
(1) pay to the clerk of the court an initial user's fee and monthly
user's fees in the amounts specified in IC 33-19-5-1;
(2) work faithfully at a suitable employment or faithfully pursue
a course of study or vocational training that will equip the person
for suitable employment;
(3) undergo available medical treatment or counseling and remain
in a specified facility required for that purpose;
(4) support the person's dependents and meet other family
responsibilities;
(5) make restitution or reparation to the victim of the crime for the
damage or injury that was sustained;
(6) refrain from harassing, intimidating, threatening, or having
any direct or indirect contact with the victim or a witness;
(7) report to the prosecuting attorney at reasonable times;
(8) answer all reasonable inquiries by the prosecuting attorney
and promptly notify the prosecuting attorney of any change in
address or employment; and
(9) participate in dispute resolution either under IC 34-57-3 or a
program established by the prosecuting attorney.
(c) (d) An agreement under subsection (a)(2) (b)(2) may include
other provisions reasonably related to the defendant's rehabilitation, if
approved by the court.
(d) (e) The prosecuting attorney shall notify the victim when
prosecution is withheld under this section.
(e) (f) All money collected by the clerk as user's fees under this
section shall be deposited in the appropriate user fee fund under
IC 33-19-8.
(f) (g) If a court withholds prosecution under this section and the
terms of the agreement contain conditions described in subsection
(b)(6): (c)(6):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court
administration with the clerk.
SECTION 12. IC 9-24-15-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 10. (a) Notwithstanding
any other provision of this chapter, an individual may not receive a
restricted driver's license to operate a commercial motor vehicle if the
individual's driving privileges are suspended for an alcohol or drug
violation under IC 9-30-5 or 49 CFR 391.15.
(b) This section expires July 1, 2005.
SECTION 13. [EFFECTIVE JULY 1, 2003] (a) Notwithstanding
IC 8-2.1-24-18, as amended by this act, the requirement that 49
CFR 383 and 384 be incorporated into Indiana law by reference,
as provided by IC 8-2.1-24-18, as amended by this act, does not
apply before July 1, 2005.
(b) Notwithstanding IC 9-13-2-161, as amended by this act, the
inclusion of "commercial motor vehicle" within the definition of
"school bus" and the specification that a school bus may be used to
transport preschool, elementary, or secondary school children, as
provided by IC 9-13-2-161, as amended by this act, does not apply
before July 1, 2005.
(c) Notwithstanding IC 9-24-6-1, as amended by this act,
IC 9-24-6 does not apply to a motor vehicle that is used as a school
bus, that is designed to carry more than fifteen (15) passengers,
including the driver, and that is exempt under 49 U.S.C. 521, 49
U.S.C. 31104, and 49 U.S.C. 31301 through 31306, or applicable
federal regulations, as provided by IC 9-24-6-1, as amended by this
act, before July 1, 2005.
(d) Notwithstanding IC 9-24-6-2, as amended by this act:
(1) the requirement that the rules adopted by the bureau of
motor vehicles to regulate persons required to hold a
commercial driver's license shall carry out 49 CFR 384;
(2) the prohibition against the rules adopted by the bureau of
motor vehicles to regulate persons required to hold a
commercial driver's license being more restrictive than the
federal Motor Carrier Safety Improvement Act of 1999
(MCSIA) (Public Law 106-159.113 Stat. 1748); and
(3) the adoption of 49 CFR 384 as Indiana law;
as provided by IC 9-24-6-2, as amended by this act, do not apply
before July 1, 2005.