March 13, 2007
HOUSE BILL No. 1357
DIGEST OF HB 1357
(Updated March 13, 2007 11:10 am - DI 110)
Citations Affected: IC 8-2.1; IC 9-21; IC 9-29; IC 10-11.
Synopsis: Commercial motor vehicles. Incorporates certain federal
regulations pertaining to commercial motor vehicles into Indiana law.
Corrects a reference to a federal agency concerning commercial motor
vehicles. Amends an exemption from federal regulations to intrastate
operators of construction vehicles. Repeals language concerning the
use of a farm truck, farm trailer, or farm semitrailer and tractor for the
transportation of seasonal fruit or vegetables. Authorizes certain
persons who are not state police officers to enforce violations of certain
laws pertaining to trucks and trailers having a declared gross weight of
at least 10,001 pounds. (Current law sets the declared gross weight
threshold at 11,000 pounds.) Makes a conforming amendment.
Effective: Upon passage.
(SENATE SPONSORS _ WYSS, SIMPSON)
January 16, 2007, read first time and referred to Committee on Roads and Transportation.
February 15, 2007, amended, reported _ Do Pass.
February 19, 2007, read second time, ordered engrossed. Engrossed.
February 21, 2007, read third time, passed. Yeas 73, nays 23.
February 27, 2007, read first time and referred to Committee on Homeland Security,
Transportation and Veterans Affairs.
March 13, 2007, reported favorably _ Do Pass.
March 13, 2007
First Regular Session 115th General Assembly (2007)
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
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
this style type
between statutes enacted by the 2006 Regular Session of the General Assembly.
HOUSE BILL No. 1357
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-2.1-24-18; (07)EH1357.1.1. -->
SECTION 1. IC 8-2.1-24-18, AS AMENDED BY P.L.210-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 18. (a) 49 CFR Parts 40, 375, 380,
through 387, 390 through 393, and 395 through 398
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
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 are 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
(A) has successfully completed a course of instruction
approved by the
Federal Highway Administration; United
States Department of Transportation; and
(B) maintains an acceptable competency level as established
by the state police department; or
(2) an employee of a law enforcement agency who:
(A) before January 1, 1991, has successfully completed a
course of instruction approved by the
Administration; United States Department of
(B) maintains an acceptable competency level as established
by the state police department;
on the enforcement of 49 CFR, may, upon demand, inspect the
books, accounts, papers, records, memoranda, equipment, and
premises of any carrier, including a carrier exempt under section
3 of this chapter.
(e) A person hired before September 1, 1985, who operates a motor
vehicle intrastate incidentally to the person's normal employment duties
and who is not employed as a chauffeur (as defined in IC 9-13-2-21(a))
is exempt from 49 CFR 391 as incorporated by this section.
(f) Notwithstanding any provision of 49 CFR 391 to the contrary, a
person at least eighteen (18) years of age and less than twenty-one (21)
years of age may be employed as a driver to operate a commercial
motor vehicle intrastate. However, a person employed under this
subsection is not exempt from any other provision of 49 CFR 391.
(g) Notwithstanding subsection (a) or (b), the following provisions
of 49 CFR do not apply to private carriers of property operated only in
intrastate commerce or any carriers of property operated only in
whether or not the carrier vehicle is of a class that
requires a commercial driver's license: while employed in
construction or construction related service:
(1) Subpart 391.41(b)(3) as it applies to physical qualifications of
a driver who has been diagnosed as an insulin dependent diabetic,
if the driver has applied for and been granted an intrastate
medical waiver by the bureau of motor vehicles pursuant to this
subsection. The same standards and the following procedures
shall apply for this waiver whether or not the driver is required to
hold a commercial driver's license. An application for the waiver
shall be submitted by the driver and completed and signed by a
certified endocrinologist or the driver's treating physician
attesting that the driver:
(A) is not otherwise physically disqualified under Subpart
391.41 to operate a motor vehicle, whether or not any
additional disqualifying condition results from the diabetic
condition, and is not likely to suffer any diminution in driving
ability due to the driver's diabetic condition;
(B) is free of severe hypoglycemia or hypoglycemia
unawareness and has had less than one (1) documented,
symptomatic hypoglycemic reaction per month;
(C) has demonstrated the ability and willingness to properly
monitor and manage the driver's diabetic condition;
(D) has agreed to and, to the endocrinologist's or treating
physician's knowledge, has carried a source of rapidly
absorbable glucose at all times 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 or treating physician 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 or treating physician
with the bureau of motor vehicles for review by the driver
licensing medical advisory board 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. Notwithstanding the requirements of this
clause, subdivision, the endocrinologist, the treating physician,
the advisory board of the bureau of motor vehicles, or the bureau
of motor vehicles may, where medical indications warrant,
establish a short period for the medical examinations required
under this clause. subdivision.
(2) 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.
(3) Subpart 396.11 as it applies to driver vehicle inspection
(4) 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
(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.
SOURCE: IC 9-21-21-3; (07)EH1357.1.2. -->
SECTION 2. IC 9-21-21-3, AS ADDED BY P.L.210-2005,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3.
Except as provided in section 4 of this
chapter, If the owner of a farm truck, farm trailer, or farm semitrailer
and tractor described in section 1 of this chapter begins to operate the
farm truck, farm trailer, or farm semitrailer and tractor or permits the
farm truck, farm trailer, or farm semitrailer and tractor to be operated:
(1) in the conduct of a commercial enterprise; or
(2) for the transportation of farm products after the commodities
have entered the channels of commerce during a registration year
for which the license fee under IC 9-29-5-13 has been paid;
the owner shall pay the amount computed under
IC 9-29-5-13.5(b) due for the remainder of the registration year for the
SOURCE: IC 9-29-5-13.5; (07)EH1357.1.3. -->
SECTION 3. IC 9-29-5-13.5, AS AMENDED BY P.L.210-2005,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13.5. (a) This section applies to a truck,
trailer, or semitrailer and tractor for which a license fee provided in
section 13(b) of this chapter has been paid.
Except as provided in subsection (d),
If the owner of a truck,
trailer, or semitrailer and tractor described in subsection (a) begins to
operate the truck, trailer, or semitrailer and tractor in the conduct of a
commercial enterprise or for the transportation of farm products after
the commodities have entered the channels of commerce during a
registration year for which the license fee under section 13(b) of this
chapter has been paid, the owner shall pay the amount listed in this
chapter for a truck, trailer, or semitrailer and tractor of the same
declared gross weight reduced by a credit determined under subsection
(c) to license the truck, trailer, or semitrailer and tractor.
(c) The credit provided in subsection (b) equals:
(1) the license fee paid under section 13(b) of this chapter;
(2) ten percent (10%) for each full or partial calendar month that
has elapsed in the registration year for which the license fee has
The credit may not exceed ninety percent (90%) of the license fee paid
under section 13(b) of this chapter.
(d) Notwithstanding subsection (b) and IC 9-18-2-4, the owner of a
truck, trailer, or semitrailer and tractor described in subsection (a) or
an employee or family member of the owner may operate the truck,
trailer, or semitrailer and tractor intrastate for the transportation of
seasonal, perishable fruit or vegetables to the first point of processing
for a period that consists of not more than a thirty (30) day period in a
registration year as provided by IC 9-21-21-4. Before a vehicle may be
operated as provided in this subsection, the owner shall pay to the
(1) any license fee due under section 13(b) of this chapter; and
(2) eight and one-half percent (8.5%) of the license fee paid under
section 13(b) of this chapter.
SOURCE: IC 10-11-2-26; (07)EH1357.1.4. -->
SECTION 4. IC 10-11-2-26, AS AMENDED BY P.L.156-2006,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 26. (a) The superintendent may assign
qualified persons who are not state police officers to supervise or
operate permanent or portable weigh stations. A person assigned under
this section may stop, inspect, and issue citations to operators of trucks
and trailers having a declared gross weight of at least
thousand (11,000) one (10,001) pounds and buses at a permanent or
portable weigh station or while operating a clearly marked Indiana state
police vehicle for violations of the following:
(1) IC 6-1.1-7-10.
(2) IC 6-6-1.1-1202.
(3) IC 6-6-2.5.
(4) IC 6-6-4.1-12.
(5) IC 8-2.1.
(6) IC 9-18.
(7) IC 9-19.
(8) IC 9-20.
(9) IC 9-21-7-2 through IC 9-21-7-11.
(10) IC 9-21-8-41 pertaining to the duty to obey an official traffic
control device for a weigh station.
(11) IC 9-21-8-45 through IC 9-21-8-48.
(12) IC 9-21-9.
(13) IC 9-21-15.
(14) IC 9-21-21.
(15) IC 9-24-1-1 through IC 9-24-1-2.
(16) IC 9-24-1-7.
(17) Except as provided in subsection (c), IC 9-24-1-6,
IC 9-24-6-16, IC 9-24-6-17, and IC 9-24-6-18, commercial
(18) IC 9-24-4.
(19) IC 9-24-5.
(20) IC 9-24-11-4.
(21) IC 9-24-13-3.
(22) IC 9-24-18-1 through IC 9-24-18-2.
(23) IC 9-25-4-3.
(24) IC 9-28-4.
(25) IC 9-28-5.
(26) IC 9-28-6.
(27) IC 9-29-5-11 through IC 9-29-5-13.
(28) IC 9-29-5-42.
(29) IC 9-29-6-1.
(30) IC 13-17-5-1, IC 13-17-5-2, IC 13-17-5-3, or IC 13-17-5-4.
(31) IC 13-30-2-1.
(b) For the purpose of enforcing this section, a person assigned
under this section may detain a person in the same manner as a law
enforcement officer under IC 34-28-5-3.
(c) A person assigned under this section may not enforce
IC 9-24-6-14 or IC 9-24-6-15.
SOURCE: IC 9-21-21-4; (07)EH1357.1.5. -->
SECTION 5. IC 9-21-21-4 IS REPEALED [EFFECTIVE UPON
SOURCE: ; (07)EH1357.1.6. -->
SECTION 6. An emergency is declared for this act.