Citations Affected: IC 6-6; IC 9-13-2-123; IC 9-19.
Synopsis: Motor vehicle restraint systems. Requires every occupant
of a motor vehicle to wear a safety belt, with certain exceptions.
Removes conflicting language in the passenger restraint system law
that was declared invalid by the Indiana supreme court. Provides that
the operator of a motor vehicle commits a Class D infraction if a
passenger in the motor vehicle is less than 12 years of age and is not
restrained by a child passenger restraint system or safety belt. Repeals
a similar provision in current law that applies only to passenger motor
Effective: July 1, 2004.
November 18, 2003, read first time and referred to Committee on Transportation and
A BILL FOR AN ACT to amend the Indiana Code concerning
SECTION 1. IC 6-6-5-6.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6.7. (a) As used in this
section, "passenger motor vehicle" and "truck" have the meanings set
forth for those terms in
IC 9-13-2-123(a) IC 9-13-2-123 and
(b) Every owner of a passenger motor vehicle or passenger motor vehicles or of a truck or trucks who during a registration year regularly rents those vehicles or trucks for periods of under thirty (30) days to others in the regular course of the owner's business is entitled to a credit against the motor vehicle excise tax liability owed for those passenger motor vehicles or trucks for that registration year. The maximum credit an owner is entitled to claim against the tax owed for all those passenger motor vehicles and trucks for a registration year under this section equals the lesser of:
(1) the total motor vehicle excise taxes due for those passenger motor vehicles and trucks for that registration year, before the application of the credit allowed by this section; or
(5) Is a newspaper motor route carrier or newspaper bundle hauler who:
(A) stops to make deliveries from a vehicle; and
(B) is in the course of making these stops and deliveries.
(6) Is a driver examiner designated and appointed under IC 9-14-2-3 and is conducting an examination of an applicant for a permit or license under IC 9-24-10.
(7) Is the occupant of a farm truck being used on a farm in connection with agricultural pursuits that are usual and normal to the farming operation, as set forth in IC 9-29-5-13(b)(2).
(8) Is the occupant of a vehicle participating in a parade.
(9) Is the occupant of the living quarters area of a recreational vehicle.
(10) Is the occupant of the treatment area of an ambulance (as defined in IC 16-18-2-13).
(11) Is the occupant of the sleeping area of a tractor.
SECTION 6. IC 9-19-10-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. Each
occupant of a passenger motor vehicle that is equipped with a safety
meeting (1) meets the standards stated in the Federal Motor
Vehicle Safety Standard Number 208 (49 CFR 571.208); and
(2) was standard equipment installed by the manufacturer;
shall have a safety belt properly fastened about the occupant's body at all times when the vehicle is in forward motion.
SECTION 7. IC 9-19-10-3, AS AMENDED BY P.L.57-1998, SECTION 2, AND AS AMENDED BY P.L.116-1998, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3.
(a) Except as provided in subsection (b), a person may not be
stopped, inspected, or detained solely to determine compliance with
(b) Subsection (a) does not apply to a stop, an inspection, or a
detention of a person to determine compliance with section 2.5 of this
A vehicle may be stopped to determine compliance with this chapter. However, a vehicle, the contents of a vehicle, the driver of a vehicle, or a passenger in a vehicle may not be inspected, searched, or detained solely because of a violation of this chapter.
SECTION 8. IC 9-19-11-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 3.5. A person who operates a motor vehicle that is
equipped with a safety belt meeting the standards in Federal Motor
Vehicle Safety Standard Number 208 (49 CFR 571.208) commits
a Class D infraction if:
(1) there is a child in the motor vehicle who is at least four (4) years of age but less than twelve (12) years of age; and
(2) the child is not properly fastened and restrained by:
(A) a child passenger restraint system; or
(B) a safety belt.
SECTION 9. IC 9-19-10-2.5 IS REPEALED [EFFECTIVE JULY 1, 2004].