Introduced Version






HOUSE BILL No. 1058

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 14-8-2-222.5; IC 14-16-1.

Synopsis: Minors on off-road vehicles and snowmobiles. Makes it a Class C infraction for an individual who is less than 18 years of age to operate or ride an off-road vehicle or snowmobile on a public highway unless the individual is wearing a helmet. Makes a correction to a definition concerning off-road vehicles and snowmobiles.

Effective: July 1, 2005.





Duncan




    January 4, 2005, read first time and referred to Committee on Roads and Transportation.







Introduced

First Regular Session 114th General Assembly (2005)


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 2004 Regular Session of the General Assembly.

HOUSE BILL No. 1058



    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

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

SOURCE: IC 14-8-2-222.5; (05)IN1058.1.1. -->     SECTION 1. IC 14-8-2-222.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 222.5. "Public highway", for purposes of IC 14-16-1 and IC 14-22-10-11, has the meaning set forth in IC 8-2.1-17-14.
SOURCE: IC 14-16-1-4; (05)IN1058.1.2. -->     SECTION 2. IC 14-16-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. As used in this chapter, "operate" means to:
        (1) ride in or on; and
        (2) be in actual physical control of the operation of;
an off-road a vehicle.
SOURCE: IC 14-16-1-20; (05)IN1058.1.3. -->     SECTION 3. IC 14-16-1-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 20. (a) An individual may not operate a vehicle required to be registered under this chapter upon a public highway, street, or rights-of-way thereof or on a public or private parking lot not specifically designated for the use of vehicles, except under the following conditions:
        (1) A vehicle may be operated on the public right-of-way adjacent

to the traveled part of the public highway, except a limited access highway, if there is sufficient width to operate at a reasonable distance off and away from the traveled part and in a manner so as not to endanger life or property.
        (2) The operator of a vehicle may cross a public highway, other than a limited access highway, at right angles for the purpose of getting from one (1) area to another when the operation can be done in safety. The operator shall bring the vehicle to a complete stop before proceeding across a public highway and shall yield the right-of-way to all traffic.
        (3) Notwithstanding this section, a vehicle may be operated on a highway in a county road system outside the corporate limits of a city or town if the highway is designated for this purpose by the county highway department having jurisdiction.
        (4) A law enforcement officer of a city, town, or county or the state may authorize use of a vehicle on the public highways, streets, and rights-of-way within the officer's jurisdiction during emergencies when conventional motor vehicles cannot be used for transportation due to snow or other extreme highway conditions.
        (5) A vehicle may be operated on a street or highway for a special event of limited duration conducted according to a prearranged schedule only under permit from the governmental unit having jurisdiction. The event may be conducted on the frozen surface of public waters only under permit from the department.
    (b) An individual less than fourteen (14) years of age may not operate a vehicle without immediate supervision of an individual at least eighteen (18) years of age, except on land owned or under the control of the individual or the individual's parent or legal guardian.
    (c) (b) An individual may not operate a vehicle on a public highway without a valid motor vehicle driver's license.
    (d) (c) A vehicle may not be used to hunt, pursue, worry, or kill a wild bird or a domestic or wild animal.

SOURCE: IC 14-16-1-20.5; (05)IN1058.1.4. -->     SECTION 4. IC 14-16-1-20.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 20.5. (a) An individual less than fourteen (14) years of age may not operate a vehicle without immediate supervision of an individual at least eighteen (18) years of age, except on land owned by or under the control of the individual or the individual's parent or legal guardian.
    (b) An individual less than eighteen (18) years of age shall wear a helmet that meets the standards established by the United States

Department of Transportation under 49 CFR 571.218 in effect October 1, 2003; when:
        (1) operating; or
        (2) riding;
a vehicle on a public highway.