January 23, 2004





SENATE BILL No. 298

_____


DIGEST OF SB 298 (Updated January 20, 2004 5:21 pm - DI 71)



Citations Affected: IC 9-19; IC 9-21; noncode.

Synopsis: Lighting and marking of agricultural equipment. Provides that an implement of husbandry and a farm tractor manufactured after June 30, 2005, must be fitted with equipment that meets certain national standards when operated on a highway. Requires the criminal justice institute to adopt rules for the design of a slow moving vehicle emblem.

Effective: July 1, 2004.





Jackman




    January 8, 2004, read first time and referred to Committee on Transportation and Homeland Security.
    January 22, 2004, reported favorably _ Do Pass.






January 23, 2004

Second Regular Session 113th General Assembly (2004)


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 2003 Regular Session of the General Assembly.

SENATE BILL No. 298



    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 9-19-6-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 11. (a) This section does not apply to a vehicle listed in section 11.3(a) of this chapter.
    (b)
A farm tractor and a self-propelled farm equipment unit or an implement of husbandry not equipped with an electric lighting system must, at all times required by IC 9-21-7-2, be equipped with the following:
        (1) At least one (1) lamp displaying a white light visible from a distance of not less than five hundred (500) feet to the front of the vehicle.
        (2) At least one (1) lamp displaying a red light visible from a distance of not less than five hundred (500) feet to the rear of the vehicle.
        (3) Two (2) red reflectors visible from a distance of one hundred (100) feet to six hundred (600) feet to the rear when illuminated by the upper beams of head lamps.
The lights required by this subsection must be positioned so that one

(1) lamp showing to the front and one (1) lamp or reflector showing to the rear will indicate the furthest projection of the tractor, unit, or implement on the side of the road used in passing the vehicle.
    (b) (c) A combination of farm tractor and towed unit of farm equipment or implement of husbandry not equipped with an electric lighting system must, at all times required by IC 9-21-7-2, be equipped with two (2) red reflectors that meet the following requirements:
        (1) Are visible from a distance of one hundred (100) feet to six hundred (600) feet to the rear when illuminated by the upper beams of head lamps.
        (2) Are mounted in a manner so as to indicate as nearly as practicable the extreme left and right rear projections of the towed unit or implement on the highway.
    (c) (d) A farm tractor and a self-propelled unit of farm equipment or an implement of husbandry equipped with an electric lighting system must, at all times required by IC 9-21-7-2, be equipped with the following:
        (1) Two (2) single-beam or multiple-beam head lamps meeting the requirements of section 20 or 21 of this chapter or IC 9-21-7-9.
        (2) Two (2) red lamps visible from a distance of not less than five hundred (500) feet to the rear, or in the alternative, one (1) red lamp visible from a distance of not less than five hundred (500) feet to the rear and two (2) red reflectors visible from a distance of one hundred (100) feet to six hundred (600) feet to the rear when illuminated by the upper beams of head lamps.
The red lamps or reflectors must be mounted in the rear of the farm tractor or self-propelled implement of husbandry so as to indicate as nearly as practicable the extreme left and right projections of the vehicle on the highways.
    (d) (e) A combination of farm tractor and towed farm equipment or towed implement of husbandry equipped with an electric lighting system must, at all times required by IC 9-21-7-2, be equipped as follows:
        (1) The farm tractor element of each combination must be equipped with two (2) single-beam or multiple-beam head lamps meeting the requirements of section 20 or 21 of this chapter or IC 9-21-7-9.
        (2) The towed unit of farm equipment or implement of husbandry element of each combination must be equipped with the following:
            (A) Two (2) red lamps visible from a distance of not less than

five hundred (500) feet to the rear, or as an alternative, one (1) red lamp visible from a distance of not less than five hundred (500) feet to the rear.
            (B) Two (2) red reflectors visible from a distance of one hundred (100) feet to six hundred (600) feet to the rear when illuminated by the upper beams of head lamps.
        The red lamps or reflectors must be located so as to indicate as nearly as practicable the extreme left and right rear projections of the towed unit or implement on the highway.
        (3) A combination of farm tractor and towed farm equipment or towed implement of husbandry equipped with an electric lighting system must be equipped with the following:
            (A) A lamp displaying a white or an amber light, or any shade of color between white and amber, visible from a distance of not less than five hundred (500) feet to the front.
            (B) A lamp displaying a red light visible from a distance of not less than five hundred (500) feet to the rear.
        The lamps must be installed or capable of being positioned so as to indicate to the front and rear the furthest projection of that combination on the side of the road used by other vehicles in passing that combination.
    (e) (f) A farm tractor, a self-propelled farm equipment unit, or an implement of husbandry must not display blinding field or flood lights when operated on a highway.
    (f) (g) All rear lighting requirements may be satisfied by having a vehicle with flashing lights immediately trail farm equipment in accordance with IC 9-21-7-11.
    SECTION 2. IC 9-19-6-11.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 11.3. (a) This section applies to the following vehicles manufactured after June 30, 2005, when operated on a highway:
        (1) An implement of husbandry.
        (2) A farm tractor.
    (b) A vehicle listed in subsection (a) must be equipped with:
        (1) head lamps;
        (2) tail lamps;
        (3) worklamps;
        (4) warning lamps;
        (5) extremity lamps;
        (6) turn indicators;
        (7) rear reflectors;
        (8) front and rear conspicuity material; and


        (9) front, rear, and side retroreflective material;
that comply with the standards contained in the American Society of Agricultural Engineers (ASAE) Standard S279.11 DEC01 or any subsequent standards developed by ASAE at the time of manufacture of the vehicle.

    SECTION 3. IC 9-19-6-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 12. (a) This section does not apply to a vehicle listed in section 11.3(a) of this chapter.
    (b)
A vehicle, including an animal-drawn vehicle and a vehicle referred to in IC 9-19-1-1 not specifically required by this article to be equipped with lamps or other lighting devices, must, at all times required by IC 9-21-7-2, be equipped with at least two (2) red reflectors visible from distances of one hundred (100) feet to six hundred (600) feet to the rear when illuminated by the upper beams of head lamps.
    SECTION 4. IC 9-21-9-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) The Indiana criminal justice institute may shall adopt rules under IC 4-22-2 establishing standards and specifications for the design, materials, and mounting of a standard slow moving vehicle emblem for the uniform identification of slow moving vehicles.
    (b) In adopting rules under subsection (a), the Indiana criminal justice institute shall consider the standard markings used in other states and substantially adhere to the current recommendations of the American Society of Agricultural Engineers, the American National Standards Institute, and the Society of Automotive Engineers so that the slow moving vehicle emblem may be more universally recognizable and of adequate quality.
    (c) The Indiana criminal justice institute shall adopt revisions to the standards and specifications adopted as required under subsection (a) as amendments are made to the recommendations of the American Society of Agricultural Engineers, the American National Standards Institute, and the Society of Automotive Engineers regarding the slow moving vehicle emblem.
    SECTION 5. [EFFECTIVE JULY 1, 2004] (a) Notwithstanding IC 9-21-9-5, as amended by this act, the Indiana criminal justice institute shall carry out the duties imposed on it under IC 9-21-9-5, as amended by this act, under interim written guidelines approved by the executive director of the Indiana criminal justice institute.
    (b) This SECTION expires on the earlier of the following:
        (1) The date rules are adopted under IC 9-21-9-5, as amended by this act.
        (2) December 31, 2004.